2023-24-099 FINAL IFB Document.pdf

INVITATION FOR BID (IFB)

and

Contractual Requirements for

Spectrometer for Horry County Police Department

IFB #2023-24-099

Closing Date: 2:00 p.m., Local Time, July 15, 2024

The Following Applies to this Solicitation:

• Questions Acceptance Deadline: 2:00 p.m., Local Time, July 8, 2024

• Required Bid Forms Packet must be submitted with responses to this IFB.

• This project may be funded in whole or part under this subaward, by the South Carolina Department of Public Safety (SCDPS) through the Justice Assistance Grant Program, and is contingent upon funding availability.

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Table of Contents

SECTION 00100 - ADVERTISEMENT

SECTION 00200 - INSTRUCTIONS TO BIDDERS

General Terms and Conditions

Special Terms and Conditions

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

SECTION 00300 – REQUIRED BID FORMS

SECTION 00400 - CONTRACT FORMS

CONTRACT FOR SALE No. _______________

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SECTION 00100 - ADVERTISEMENT

INVITATION FOR BID

Licensed firms are invited to submit electronic sealed bids for IFB #2023-24-099, Spectrometer for Horry County Police Department. Bids will be submitted via Horry County’s electronic bid software not later than 2:00 p.m., Local Time, July 15, 2024. No fax, email, telephone, hand delivered, or text bid submittals will be accepted. The solicitation document (IFB) and general contract terms and conditions can be obtained from the County’s ebidding software by visiting https://www.bidnetdirect.com/south-carolina/horrycounty .

It is anticipated that any goods and/or services under the resulting contract from this solicitation may be funded by the South Carolina Department of Public Safety (SCDPS) through the Federal Justice Assistance Grant Program, and is contingent upon funding availability; therefore, all rules and regulations related to the funding source apply, including but not limited to 2 C.F.R. § 200.317

– 326 and Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards with the exception of Part (D) Davis Bacon Act.

Local Vendor Preference is NOT APPLICABLE to this sealed bid process.

Contact Information for this Project:

Mr. Gordon Gould / gould.gordon@horrycountysc.gov / 843.915.5380

Direct all questions to Horry County’s ebidding software

END OF SECTION

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SECTION 00200 - INSTRUCTIONS TO BIDDERS

General Terms and Conditions

General This solicitation will be conducted in accordance with Horry County Procurement Code and Regulation. This ordinance can be found in its entirety on the County’s website at https://www.horrycountysc.gov/media/ygbcfubd/codeandreg.pdf .

Horry County hereby notifies all those responding to this IFB that, in accordance with the provisions of the Civil Rights Act of 1964 (Chapter 21, Title 42, of the U.S. Code) and the Regulations promulgated in connection therewith, that it will affirmatively ensure that with any contract entered into pursuant to this IFB, disadvantaged business enterprises will be afforded full and fair opportunity to make submittals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Funding The Goods and/or Services solicited in this IFB is intended to be purchased with Grant and/or Federal Funds, specifically the Federal Justice Assistance Grant Program. Horry County requires compliance with all federal, state, and local rules and regulations related to such funding.

Submitting a Bid Sealed bids shall be submitted via Horry County’s electronic bid software ONLY, on or before the due date and time noted on the cover page of this document, or the date specified in Horry County’s ebidding software for this project if amended by an addendum. The only acceptable means of submitting a bid in reference to this project is through Horry County’s electronic bid software. Therefore, no email, fax, hand-delivered, telephone, or text bid submittals will be accepted.

Pricing must be provided as indicated in the electronic bid software. For additional details see Unit Prices.

The bidder must include the required items listed in the Required Bid Forms Packet or their bid may be deemed non-responsive.

The County reserves the right to accept or reject any and all bids, in whole or in part, that are deemed to be in the best interest of the County at its sole discretion.

Examination of Bid Document Prior to submitting a bid, potential bidders must read all documents associated with this solicitation, thoroughly examining the bidding documents and specifications and/or requirements thereof, and notify Owner of all conflicts, errors, or discrepancies.

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By submission of a bid, the bidder guarantees that all goods and/or services meet the requirements of the solicitation.

Bid submittals may be rejected for any omissions, alteration of form, additions not called for, conditional offers, or any irregularities of any kind are shown.

Bids shall remain firm for no less than sixty (60) calendar days indicated from the date of bid Closing Date specified in Horry County’s ebidding software for this project. The bidder’s name and solicitation number shall be included when specifications or descriptive papers are submitted with the Invitation for Bid (IFB).

Drawings / Maps must be downloaded from within the ebidding software unless specified elsewhere, if applicable to the project.

The goods and/or services under the resulting contract includes the furnishing of all labor, materials, equipment, and all items and services of every nature, whether particularly mentioned or not in this solicitation, is required to fulfill the requirements specified within this IFB.

All goods and/or services are to be done in accordance with, if applicable to the project:

drawings, specifications, and any permit conditions of federal, state, local or any other agencies having jurisdiction.

Bid Submittal Form Signature The Bid Submittal Form shall be signed by the Bidder, as follows:

• Sole Proprietorship: Signature of sole proprietor. Insert the words "Sole Proprietor" under the signature. Affix seal.

• Partnership: Signature of all partners. Insert the word "Partner" under each signature.

Affix seal to each signature.

• Corporation: Signature of a duly authorized signing officer(s) in their normal signatures.

Insert the officer's capacity in which the signing officer acts under each signature. Affix the corporate seal. If the Bid is signed by officials other than the President and Secretary of the company, or the President/Secretary/Treasurer of the company, a copy of the by-law resolution of the Board of Directors authorizing them to do so must also be submitted with the Bid Form in the Bid envelope.

• Joint Venture: Each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above, similar to the requirements of a Partnership.

Questions / Addendum All questions must be submitted via Horry County’s ebidding software prior to the Questions Acceptance Deadline as specified in the ebidding software. Each question must be submitted individually within the “Q&A” section of the electronic bid software. All questions and revisions will be provided in the electronic bid software in the form of addendum. If it becomes necessary to revise any part of this solicitation, an addendum will be published. It shall be the Bidder’s responsibility to ensure they have all addenda which have been issued by visiting Horry County’s

2023-24-099 Spectrometer for Horry County Police Department 5 of 28 ebidding software https://www.bidnetdirect.com/south-carolina/horrycounty. Any information obtained outside of the procurement process is non-binding and shall not be used in the response to this solicitation.

All Addenda form a part of the documents for this project and modifies / amends / clarifies / adds to the original documents as described above. By submitting a response, responders acknowledge receipt and inclusion of the effects of all addenda.

Potential and actual bidders are not permitted to contact Horry County employees outside of the Procurement Department during the procurement process. Potential and actual bidders are not permitted to contact any consultants contracted by the County to assist with efforts related, directly or indirectly, to the procurement process. Failure to comply with Horry County Procurement Regulation, Chapter 4, Contractor Requirements and Standards of Conduct for Horry County and Procurement Participants may result in the rejection of the submittal and other penalties as applicable.

Non-Collusion By submitting a response, the party making the foregoing offer agrees that such offer is genuine and not collusive or sham; that said Responder has not colluded, conspired, connived, or agreed, directly or indirectly with any responder or person, to put in a sham response, or that such other person shall refrain from offering and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the submittal of affiant or any other responder or to fix any overhead, profit or cost element of said Response or of that of any other responder or to secure any advantage against owner any person interested in the proposed contract; and that all statements in said Response are true; and further, that such responder has not, directly or indirectly submitted this Quotation Request, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof.

Mistakes in Bid Corrections and withdrawal of the submitted offer will be permitted within the ebidding software prior to Bid Closing date and time.

Bid Opening Unofficial Bid Results will be made publicly available in the County’s ebidding software within an estimated time of sixty (60) minutes after the established closing due date and time.

Licenses All BIDDERS must be properly licensed to do business in the State of South Carolina and must comply with the Code of Laws of South Carolina, including Section 40-11-200, when applicable.

Your company does not need to be based in South Carolina, but must be licensed to do business in the State of SC and specifically Horry County, if awarded a contract. Failure to comply with this requirement may result in the rejection of the bid as non-responsive.

Payment Terms Payment Terms are Net thirty (30) days upon County’s receipt of correct invoice(s). By submitting a bid, you agree to provide the option for payment via Horry County purchasing card (similar to

2023-24-099 Spectrometer for Horry County Police Department 6 of 28 https://www.bidnetdirect.com/south-carolina/horrycounty a MASTERCARD credit card) for all purchases made under the contract award from this solicitation. When preparing a price submittal, electronic payment processing fees shall be included in unit prices. No price increases shall be permitted for accepting electronic payment from Horry County.

Unit Prices Unit prices are requested for items in the bid. Each bidder shall include its prorata share of overhead, and other items necessary for completion of the project, per plans and specifications, not specifically listed in the schedule of values, so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the Total Bid. Any bid not conforming to this requirement may be rejected as non-responsive.

Additional instruction for Unit prices is found within the Comments to Project.

If there is no charge for a specific item listed, bidders must enter $0.00. Leaving item pricing blank indicates a “No Bid” for the item.

Sales tax should not be included in unit prices. SHIPPING/DELIVERY charges should be included in the Unit Price, if it is not listed separately in the bid schedule. Any bid not conforming to this requirement may be rejected as non-responsive.

Sales Tax Horry County Government is required to pay sales tax. Horry County tax rate is (8%) eight percent, except on purchases/work/deliveries within the city limits of Myrtle Beach, where the tax rate is (9%) nine percent. Sales Tax is expected to be include in the bidder’s electronic bid submittal.

Shipping / Delivery All deliveries shall be bid as F.O.B. point Destination-freight prepaid, the seller pays and bears all freight charges; collect shipments will not be accepted. It is agreed by the parties hereto that delivery by the Contracted Supplier to the common carrier does not constitute delivery to the County. Delivery must meet the guaranteed delivery date agreed upon after receipt of order (ARO). Any claim for loss or damage shall be between the Contracted Supplier and the carrier.

Items must be shipped/delivered to the location(s) as indicated on the cover page of this document. Items ordered under the contract(s)/purchase order(s) resulting from this IFB must be delivered within the time frame (ARO) as indicated on the cover page of this document.

Liability Coverage The successful bidder shall provide proof of all required insurance(s), including workers’ compensation, automobile liability and general liability. Workers’ compensation shall include a minimum limit of $100,000 per accident and comprehensive general liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, independent contractors and vehicles used in premises/operations. Professional Liability insurance shall be provided with minimum liability limits of $1,000,000 per occurrence (in addition to Commercial General Liability insurance) by professional services such as accountant, attorney, architect, design, engineering and most consultants that involve errors and omissions exposure protection. Horry County shall be named as an additional insured on all liability policies and expressed on the Certificate of Liability

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Insurance. Insurance shall indemnify County against any and all claims arising under or as a result of the performance of the contract resulting from this solicitation. The County must be provided written notice prior to cancellation, modification or reduction in limits of any stipulated insurance. It is the responsibility of the vendor/contractor to ensure all subcontractors comply with all insurance requirements of this solicitation and the resulting contract.

Termination Clause Either party may terminate the contract by giving a sixty (60) day advance written notice. The County shall have no obligation to pay for services provided to the County except up to the effective date of termination of the contract. Should the vendor exercise its right to terminate the contract, the vendor will not cease services for a reasonable period of time, not to exceed one hundred twenty (120) days, to allow the County to procure another vendor.

Cooperative Clause Cooperative Clause is not applicable to this procurement.

Purchase Order / Contract Award Award of purchase order(s) and/or contract(s) will be made to the lowest responsible and responsive bidder(s) whose bid(s) meets the requirements and criteria set forth in the IFB. In determining the lowest responsive and responsible bidder(s), the County may consider/evaluate the bidders’ past and current performance of other County contracts, to include factors such as timely delivery and guaranteed delivery date. The awarded bidder(s) will agree to the provisions contained in the “Purchase Order Terms and Conditions” and/or sample “Contract” attached.

Horry County reserves the right to make multiple awards from this IFB.

This procurement (IFB) does not commit the County of Horry to award a contract, to pay any costs incurred in the preparation of the bid submittal, or to procure or contract for goods or services listed herein.

Term of Contract The term of this contract shall be the amount of time specified within the Special Terms and Conditions. The effective date of the purchase order contract(s) / contract(s) shall be the date of the County’s signature. The successful bidder(s) will execute and abide by the attached Sample Contract or Purchase Order Terms and Conditions.

Local Vendor Preference Local Vendor Preference (LVP) is not applicable to this procurement due to the potential for Federal funding.

Contract Changes Contract terms and conditions shall not be changed unless by change order. Change must be deemed allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. Changes shall be agreed upon by both parties and recorded using the approved change order document. The change to method, price, or schedule of the work must be clearly identified for each specific change which may occur.

Additional process information available within Horry County Procurement Regulation Subchapter 13-3: Post Award Issues.

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Grievance / Bid Protest Any actual or prospective responder who is aggrieved in connection with the procurement or award of a contract may protest to the County Administrator. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise thereto provided that grievance has been made in accordance with solicitation requirements. Any grievance filed shall be made known prior to any bid opening in accordance with invitation to bids. Please reference Subchapter 15-3 - Bid Protests of the Horry County Code & Regulation by visiting:

https://www.horrycountysc.gov/media/ygbcfubd/codeandreg.pdf .

Freedom of Information Statement Procurement information shall be a public record to the extent required by Chapter 4 of Title 30, Code of Laws of South Carolina (1976, as amended) (The Freedom of Information Act), with the exception that commercial or financial information obtained in response to a “Invitation for Bids” which is privileged and confidential if so designated by the proposer shall be protected from disclosure. Such information must be clearly marked as “CONFIDENTIAL” by those submitting responses for each section of information so affected. Privileged and confidential information is information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information.

Legal Statement Responders to this IFB must disclose involvement in any litigation within the last five (5) years in which a claim has been made against any team member (individual or company) asserting a cause of action other than Employment issues or Contracts not related to your professional work.

Explain the issues in these cases (or the fact there are none) as part of your submittal.

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Special Terms and Conditions

Requirements

The Bidder is to include in their bid all Goods/Services necessary to complete the listed items and other work reasonably intended. Submitted bids will remain firm for sixty (60) calendar days from Closing Date specified in ebidding software for this project.

The Bidder should consider the following information in making their bid:

The project consists of the purchase, delivery, and documentation of acceptance of new Spectrometer Equipment.

1. All Bid proposals shall meet or exceed the minimum specifications as listed herein.

2. Vendors must submit descriptive literature, technical data, or other material for the product listed in their bid. Vendors submitting an “OR EQUIVALENT” shall submit sufficient details to allow Horry County to determine if the bid item meets the specifications required.

3. Compliance with all Federal, State, and Local requirements, including but not limited to Part 200 Appendix II, 8 U.S.C. 1373 and 1644, and 2 CFR Part 200.317 through-200.326 is required.

4. In accordance with Horry County Policy, payments will be submitted upon receipt of a correct Invoice and documented Acceptance of ordered items.

5. Shipping is FOB Destination, with delivery to:

Horry County Police Department Attn: Tre’Sean McQueen 2560 North Main Street, Suite 7 Conway, SC 29526

6. Term of contract/purchase order contract is for one-time purchase of goods/services.

Specifications

Provide goods and / or services as indicated below:

Spectrometer must include the following:

1. APEX R7 Raman Spectrometer with Drug, Narcotic, and Precursor Library OR EQUIVALENT

- Point-and-Shoot Identification

- Non-Contact Indentification and Mixture Analysis

- Remote Operation

- Battery Life >12 hours

- Weight <9 ounces

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a. Charger

b. Point-and-Shoot Adaptor

c. Vial Holder

d. Testing Standard

e. Updates and Support Services

f. Minimum of 1 Year Warranty

2. In-person training services for APEX R7 Spectrometer OR EQUIVALENT

3. Shipping and Handling

4. Sales Tax

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Required

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

Patent Rights (24 CFR 85.36(i)(8)) - No discovery or patent rights arising from any discovery or invention which arises or is developed in the course of or under this contract shall be exercised by or on behalf of the contractor.

Copyrights (24 CFR 85.36(i)(9)) - No reports, handbooks, documents, maps, data, or pamphlets produced in whole or in part under this contract will be the subject of any application for copyright by, or on behalf of, the contractor.

Access to Records (24 CFR 85.36(i)(10)) - The municipality/county, Office of State Planning, US Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions.

Records Retention (24 CFR 85.36(i)(11)) - All records in the possession of the contractor pertaining to this contract will be retained by the contractor for a period of four (4) years from closeout of the grant by the grantee.

Environmental Compliance (24 CFR 85.36(i)(12)) - Contracts must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (H)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) prohibiting the use of facilities included on the EPA List of Violating Facilities.

See Clean Air and Water Provisions in Attachment 9.

Energy Efficiency (24 CFR 85.36(i)(13)) - The project must be in compliance with the mandatory standards and policies relating to energy efficiency which are contained in the Energy Policy and Conservation Act (P.L. 94-163).

Breach of Contract (2 CFR 200, Appendix II) - Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.

1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Termination (2 CFR 200, Appendix II) - All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246

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Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148) - When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) - Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Rights to Inventions Made Under a Contract or Agreement - If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

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SECTION 00300 – REQUIRED BID FORMS

The bidder must include the following items or their bid submittal may be deemed non-responsive. The County reserves the right to accept or reject any and all bids, in whole or in part, that are deemed to be in the best interest of the County at its sole discretion.

Separate Downloadable Packet in BidNet Software for this Project

CHECKLIST

� Electronic Bid Item Pricing (to be completed within the ebidding software)

� Signed and Completed Bid Submittal Form(s)

� Certification of Restriction on Lobbying Form

� Certification Regarding Debarment, Suspension and Other Responsibility Matters

� Drug-Free Workplace Certification

� A copy of all applicable Active License(s) / business license(s)

� Sample Certificate of Insurance (COI) Accord 25 form

� IRS W-9 Request for Taxpayer Identification Number and Certification form (signed and dated within the last 3 months)

� State of South Carolina I-312 Nonresident Taxpayer Registration Affidavit Income Tax

Withholding Form (if applicable)

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SECTION 00400 - CONTRACT FORMS

� Horry County Purchase Order Terms & Conditions

� Sample Contract For Sale Agreement

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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HORRY COUNTY PURCHASE ORDER TERMS & CONDITIONS

1. General

Horry County Procurement Code and Regulation, which outlines our procurement policy and procedures, is available on our web site. The following terms and conditions, together with such terms as are set forth on the Purchase Order Form (hereinafter “PO” or “Form” sent via email, USPS, or other means), with such plans, specifications or other documents as are incorporated by reference, as amended in any subsequent authorized writing from Horry County, shall constitute the entire contract (the "Purchase Order") between Horry County ("Horry County") and Supplier. If solicitation documents, quote requests, performance specifications, technical product descriptions or other similar descriptive materials submitted by Supplier in connection with the Purchase Order, or Supplier's proposal, have been incorporated by reference, these shall not be deemed to supersede any contrary requirements of Horry County, but to the extent that such materials are not inconsistent with Horry County's requirements, they shall constitute a part of the basis of this agreement. If the Purchase Order is construed as an offer, this offer expressly limits acceptance to the terms of this offer and notice of objection to any different or additional terms in any response to this offer is hereby given. If the Purchase Order is construed as an acceptance of an offer, this acceptance is expressly conditioned upon the offeror's assent to any different or additional terms contained or referenced in the Purchase Order. If the Purchase Order is construed as a confirmation of an existing contract, the parties agree that this confirmation states the exclusive terms of any contract between the parties. The Purchase Order shall be deemed to have been accepted by the Supplier upon receipt by the Horry County of any writing, including a writing transmitted by fax or other means of electronic transmission, indicating acceptance, or by any of the following: (i) shipment of the goods or any portion thereof, (ii) commencement of any work on site or (iii) performance of any services thereunder.

2. Payment

Discount terms are as set forth in the Form. If no terms are specified as indicated on the Purchase Order issued, the net amount shall be payable within 30 days after the later of (i) delivery and acceptance of goods or other performance conforming to the terms of the Purchase Order or (ii) invoicing. Except as otherwise provided in the Purchase Order, the price includes all applicable Federal, State and local taxes and duties. Supplier assigns to Horry County all rights to refunds of sales and use taxes paid in connection with the Purchase Order and agrees to co-operate with Horry County in the processing of any refund claims. Unless expressly otherwise provided in the Form, Horry County shall not be liable for any shipping, handling, fuel surcharges or similar fees.

3. Time

If delivery or completion dates cannot be met, Supplier shall inform Horry County immediately. Such notice shall not, however, constitute a change to the delivery or completion terms of the Purchase Order unless Horry County modifies the Purchase Order in writing. If any item is not received or if any element of the work is not completed by the date specified, Horry County, at Horry County's sole option and without prior notice to Supplier, may either approve a revised date or may cancel the Purchase Order and may obtain such goods or work elsewhere and in either event the Supplier shall be liable to Horry County for any resulting loss incurred by Horry County. Supplier's sole remedy for a delay caused by Horry County shall be an extension in the time for Supplier's performance equal to the duration of the delay. Supplier shall not be liable for damages resulting from Supplier's failure to deliver or complete, or for delays in delivery or completion, caused solely by strikes not caused by or within the control of Supplier, lock-outs not caused by or within the control of Supplier, fires, war or acts of God. WITH RESPECT TO ANY

PURCHASE ORDER, TIME OF PERFORMANCE IS OF THE ESSENCE.

4. Shipping Requirements

Unless the Purchase Order expressly states otherwise, all goods shall be shipped FOB (destination): the "Ship to" location designated in the PO Form. Risk of loss shall not pass to Horry County until goods called for in the Purchase Order actually have been received and accepted by Horry County at the destination specified therein. Supplier assumes full responsibility for packing, crating, marking, transportation and liability for loss and/or damage even if Horry County has agreed to pay freight, express or other transportation charges.

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5. Improper Performance and Disputes

In addition to other remedies provided by law, Horry County reserves the right to reject any goods or to revoke any previous acceptance and to cancel all or any part of the Purchase Order if Supplier fails to deliver all or any part of the goods, delivers non-conforming goods, or fails to perform any of the work in accordance with the terms and conditions of the Purchase Order. Acceptance of any part of the Purchase Order shall not bind the Horry County to accept any future shipments or work, nor deprive it of the right to return goods already accepted. Any litigation that may ensue with respect to any matter arising in connection with the Purchase Order shall take place in South Carolina Circuit Court in Conway, South Carolina. The Agreement is not subject to arbitration.

6. Warranty

Supplier expressly warrants all (i) goods delivered under the Purchase Order to be free from defects in material and workmanship and to be of the quality, size and dimensions ordered, with NO SUBSTITUTIONS unless the purchase order expressly states otherwise and (ii) work performed under the Purchase Order to be in conformity with all plans, specifications and other data incorporated as part of the Purchase Order. These express warranties shall not be waived by reason of acceptance or payment by Horry County. The Purchase Order incorporates by reference all terms of the Uniform Commercial Code as adopted in the State of South Carolina (the "UCC"), including but not limited to all warranty protection (express or implied) and all of remedies provided thereunder. All goods and work shall also be subject to any stricter warranties specified in the Purchase Order or in other materials incorporated therein.

7. Indemnification and Hold Harmless

The Supplier will indemnify and hold harmless Horry County and its agents and employees from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the agreement provided that any such claims, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, injury to or destruction of tangible property, including the loss of use resulting therefrom, and is caused by any negligent or willful act or omission of the Supplier, and/or anyone directly or indirectly employed by him or anyone for whose acts any of them may be liable. In any and all claims against Horry County or any of its agents or employees by an employee of the Supplier, and/or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way to the amount or type of damages, compensation or benefits payable by or for the Supplier under workman's compensation acts, disability benefit acts, or other employee benefit acts. The obligation of the Supplier under this paragraph shall not extend to the liability of the Horry County or its agents or employees arising out of the reports, surveys, change orders, designs, or specifications.

8. Assignment/Subcontracting

Neither party shall have any right to assign the Purchase Order or any benefits arising from the Purchase Order without prior written consent of the other party and, unless otherwise agreed upon in writing, the rights of any assignee shall be subject to all set-offs, counterclaims, and other comparable rights arising thereunder. Supplier shall not, except in the case of raw materials, castings, forgings or rough welded structures, or standard commercial goods, or except as otherwise agreed to in writing by the Horry County, delegate or subcontract the work on any item of material or service to be delivered or performed under the Purchase Order.

9. Insurance

Required for On-site work/services: The supplier shall provide, when required by the procurement that preceded the Purchase Order issuance, proof of all required insurance(s), including worker’s compensation, premises liability and general liability. Worker’s compensation shall include a minimum limit of $100,000 per accident and comprehensive general liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, independent contractors and vehicles used in premises/operations. Insurance shall indemnify County against any and all claims arising under or as a result of the performance of the contract. Horry County shall be named as an additional insured on all liability policies. Horry County must be provided with notice prior to cancellation, modification, or reduction in limits of any stipulated insurance.

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10. Non-Discrimination in Employment

In connection with the performance of work under the Purchase Order, the Supplier agrees to follow, and to furnish all information and reports required in regards to:

The nondiscrimination clause and reporting requirements contained in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13,1967. Additionally, the conditions and regulations applicable in the Vietnam Era Veterans Readjustment Act of 1972 and the Rehabilitation Act of 1973 (Employment of the Handicapped) are likewise incorporated. The Supplier agrees to abide by the rules, regulations, and orders of the U.S. Secretary of Labor.

In the event of the Supplier's non-compliance with the non-discrimination clauses of the Purchase Order or with any of the said rules, regulations, or orders, the Purchase Order may be cancelled, terminated or suspended in whole or in part and the Supplier may be declared ineligible to conduct business with Horry County.

11. Compliance with Laws and Regulations

The Supplier agrees to comply with all applicable federal, state, and local laws and regulations. If the Purchase Order is issued pursuant to a contract between Horry County and the federal government, the provisions of OMB Circular A-110 (1993, as amended) Appendix A shall apply in accordance with their terms. OMB Circular A-110 mandates compliance with the Copeland "Anti-Kickback" Act, the Davis-Bacon Act, and the Contract Work Hours and Safety Standards Act. If the amount of the Purchase Order exceeds One Hundred Thousand Dollars ($100,000) and any portion of the Purchase Order is funded by the federal government, Supplier shall file the certifications required by the Byrd Anti-Lobbying Amendment, and shall comply will all applicable standards, orders and regulations issued pursuant to the Federal Water Pollution Control Act and the Clean Air Act. Supplier shall provide certification regarding its and its principal employees' exclusion status upon request. INFORMATION REGARDING THE SOURCE

OF FUNDS FOR THIS PURCHASE ORDER WILL BE PROVIDED TO SUPPLIER UPON REQUEST.

12. Termination without Cause

Horry County, in its sole discretion and without cause, may terminate the Purchase Order, in whole or in part, at any time without incurring liability to Supplier for lost profits, or any other costs or damages, other than the proportionate value of the purchase price for work completed on site or goods delivered, to the extent such work and goods conform to the terms, conditions, and specifications of the Purchase Order. Supplier's warranties, and Supplier's liability for defective or non-conforming work or goods, as well as sections 4, 5, 7, and 9 of these Terms and Conditions, shall survive termination and remain in full force and effect.

13. Additional Provisions for Work Performed on Site

The provisions set forth in Paragraphs 13(a) through 13(d) below shall apply to work performed at locations owned, leased or otherwise controlled by Owner ("Owner's Site").

a. The Supplier shall maintain on the Site at all times a sufficient work force to carry out its obligations in an efficient and timely manner. The Supplier shall employ only competent, skilled, reliable and honest workmen who will work in harmony with other workmen on the Site. All persons furnished by Supplier shall be deemed Supplier's employees or agents, and Supplier shall comply with all applicable statutes regarding worker's compensation, employer's liability, unemployment compensation, and/or old age benefits and all other applicable laws relating to or affecting the employment of labor. At the Owner's instruction, the Supplier shall promptly remove from the Site any employee who, in the Owner's opinion, represents a threat to the safety or progress of the Project or persons on the Site, or who has engaged in any improper conduct, specifically including (without limitation) conduct which the Owner perceives as constituting harassment of employees or other persons.

b. Supplier shall secure all materials and the Site where Work is performed, and shall leave all areas broom clean (unless a more stringent cleanliness standard is set forth in documents that are incorporated in the Purchase Order by reference) and in a safe condition at the end of each work day and upon completion of the Work. In case of dispute, Owner may remove waste at Supplier's expense.

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c. Supplier shall ensure that federal, state and county of residence criminal background checks are conducted on all persons performing Work at the Site, and shall exclude from the Site any dishonest, dangerous or otherwise unqualified persons.

d. In the event of an emergency threatening health, life or property, the Supplier shall take such action as may be necessary to save lives and protect persons from injury and, this being done, to protect and preserve property. The Supplier shall notify the Owner of any such emergency as promptly as is practicable under the circumstances.

14. Sensitive Personally Identifiable Information (SPII) and Privacy Requirements

Supplier and Horry County both agree to maintain strict confidentiality concerning SPII in accordance with Federal, State, and local law. Both Supplier and Horry County shall maintain adequate administrative, technical and physical safeguards against unauthorized access, use, or disclosure of SPII Information.

15. Freedom of Information Statement

Procurement information shall be a public record to the extent required by Chapter 4 of Title 30 (The Freedom of Information Act), South Carolina Code of Laws, 1976, as amended, with the exception that commercial or financial information obtained in response to a procurement process which is privileged and confidential or proprietary if so designated by the supplier shall not be disclosed. Such information must be clearly marked as “CONFIDENTIAL” or “PROPRIETARY” by the supplier for each section of information so affected. Privileged and confidential or proprietary information is information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information. Examples of this type of information would include:

• Customer lists;

• Design recommendations and identification of prospective problem areas under a bid;

• Design concepts, including methods and procedures;

• Biographical data on key employees of the bidder.

End of Horry County Purchase Order Terms and Conditions

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“SAMPLE” CONTRACT

CONTRACT FOR SALE No. _______________

This Contract for Sale (“Contract”), with an effective date of ________________ (the

“Effective Date”), is hereby entered into by and between HORRY COUNTY GOVERNMENT, a political subdivision of the State of South Carolina, whose Administrative Office is at…