2025-059 - Medium _ Heavy Duty Truck Parts.pdf

BROOME COUNTY

RFB-2025-059 DIVISION OF PURCHASING

NOTICE TO BIDDERS

BID TITLE: REPLACEMENTS PARTS & ACCESSORIES FOR MEDIUM & HEAVY-DUTY

TRUCKS

IMPORTANT NOTICE – BID/RFP DISTRIBUTION

The County of Broome officially distributes bidding documents through the Empire State Purchasing Group (www.bidnetdirect.com/new-york/broome-county). Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

ONE (1) ORIGINAL, ONE (1) DUPLICATE and ONE (1) ELECTRONIC COPY ON USB (no CDs please), of the bid shall be delivered or mailed, with any required data, in a SEALED ENVELOPE, which shall be properly identified with the following required information:

1. BIDDER'S FULL NAME & ADDRESS

2. THE BID TITLE (SEE ABOVE)

3. BID NUMBER (UPPER LEFT)

Submit proposals to: BROOME COUNTY DIVISION OF PURCHASING

60 HAWLEY STREET, 2ND FLOOR

EDWIN L. CRAWFORD COUNTY OFFICE BUILDING

BINGHAMTON, NEW YORK 13901

BIDS SHALL BE SUBMITTED AND RECEIVED IN THE DIVISION OF PURCHASING UP TO AND

INCLUDING 2:00 PM., WEDNESDAY, SEPTEMBER 24, 2025

LATE BIDS - All bids received after the deadline date and time stated above will not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having the bid deposited on time at the place specified.

Bids shall be publicly opened and read aloud at 2:30 PM, on the above date, in a designated area assigned by the Division of Purchasing. If attending, please check with the Division of Purchasing on the 2nd floor of the Edwin L.

Crawford County Office Building for instructions as to where the bid opening will be held.

1.0 Facsimile machine or electronic bid responses will not be accepted.

2.0 Bidders may seek interpretation of the meaning of any of these specifications or other contract documents.

Every request for interpretation should be addressed to the designated contact person(s) listed in the specifications no later than five (5) working days prior to the date set for bid opening. Notice of all such interpretations and any supplemental instructions may be sent to all bidders of record, in the form of addenda to the specifications. All addenda so issued will then become a part of the contract documents.

3.0 All Bidders must complete, sign and submit the original and duplicate copies of the enclosed bid documents. (Extra copies of these forms should be made and retained by the bidder.)

ORIGINAL �

DUPLICATE �

Company Name

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 1 http://www.bidnetdirect.com/new-york

4.0 CANCELLATION - The County reserves the right to terminate this agreement at any time upon thirty

(30) days written notice to the other party. In the event of a default and cancellation of the contract, the bidder shall be responsible for payment to Broome County of a sum equal to the additional contract costs to the County.

CANCELLATION DUE TO NON-APPROPRIATION OF FUNDS/LEASES - Broome County reserves the right to cancel the contract if the County Legislature, during the enactment of the County Budget, fails or declines to appropriate money for the continuation of the lease(s).

5.0 REJECTION OF BIDS - Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County or to waive any informalities in bids received, should such procedures be in the best interests of the County.

6.0 ASSIGNMENT - It is mutually understood and agreed that the successful bidder/proponent shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or the right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation without the express, previous, written consent of Broome County.

7.0 REGULATORY COMPLIANCE - The contractor represents that all goods and services provided shall comply with all applicable standards, rules, and regulations in effect for the requirements of federal, state and local laws and regulations as applicable, including the Consumer Product Safety Act, Occupational Safety and Health Act, as amended, or other applicable laws or regulations.

USE OF FORKLIFTS AND RELATED EQUIPMENT: 29 CFR 1910.178(I)(1) contains safety requirements relating to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electric motor or internal combustion engines. Broome County requires that all vendors that use “light industrial trucks”, as the term is defined by OSHA, provide written proof of training on the piece of equipment to be used for each employee that will use it (commonly referred to as a “forklift license”. The written documentation must certify that the operator training meets or exceeds the OSHA standard. This mandate applies to all vendors’ employees, independent contractors, and subcontractors. Failure to follow this standard shall be a material breach of your contract with Broome County. In the event of such a material breach, Broome County may exercise any/all its right at law, in equity and/or as recited in this contract.

8.0 WITHDRAWAL - ERRORS - RESCISSION OF BID

A. No Bid may be withdrawn after the bid deadline unless no award has been made within forty-five

(45) days of bid opening.

B. In the case of a unilateral bid mistake, or error, by a Bidder, on any bid proposal, legislation allows the Bidder to withdraw the bid after showing that:

1) The mistake was known, or made known to the "County, Board, or Purchasing Agent"

PRIOR to the awarding of the contract, or within three (3) days after the bid opening, whichever period is shorter.

2) The price bid was based on an error of such magnitude that enforcement would be unconscionable.

3) The bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error rather than a judgmental error.

4) The error was due to an unintentional substantial mathematical error, or unintentional omission of a substantial quantity of work, labor, material, or services, made directly in the compilation of the bid (which error or omission can be shown by objective evidence drawn from certain listed documents); and

5) It is possible to put the County in "status quo ante".

THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE BID AND THE RETURN

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 2

OF ANY BID SECURITY. ANY AMENDMENT OR REFORMATION OF THE BID IS EXPRESSLY

PROHIBITED.

C. ERRORS

Any errors in the bid award which are the fault of the County must be forwarded, in writing, to the Broome County Division of Purchasing within five (5) working days of the notification award. No corrections will be made beyond that date. If errors on the part of the County are discovered too late to be corrected, we will issue a “no award” on those affected items and re-bid or quote.

9.0 RESCISSION OF AN AWARD

After an award has been made by the County, and all participating agencies notified, there will be a $250 charge to vendors who then discover a mistake in their bid award and want the award rescinded. It is costly for the County to re-figure bid awards, notify all agencies involved and change all our records.

Vendors should be careful in figuring their bids prior to submission. The vendor requesting a bid rescission will be billed by the Division of Purchasing. If the bill is not paid by the vendor, the entire award may be rescinded, and the vendor’s responsibility may be questioned for future bids.

If the successful bidder exhibits a history of back orders or delayed deliveries, the County of Broome reserves the right to rescind their award and the vendor’s responsibility may be questioned for future bids.

10.0 If the bid is for furnishing supplies, materials, equipment, or services and is based upon a QUANTITY

ESTIMATE, the bidder shall agree to furnish additional quantities, if required, at the price bid for the term of the contract.

11.0 TAX EXEMPT STATUS - Broome County is a political subdivision of the State of New York and as a government entity, is exempt under Purchase Tax Law, Section 1116. Broome County is not issued an exempt organization certificate or an ST119 with an exemption number by the New York State Department of Taxation and Finance. A copy of a Broome County Voucher, Purchase Order, or Petty Cash Form are the only certifications the vendor is required to keep for documenting the tax-exempt sale. Contractor’s questions concerning Broome County's tax-exempt status should be directed to the Department of Audit and Control

(607) 778-2178.

12.0 Price discrepancies between prices written in figures and prices written in words - the written words will be accepted as the price bid. In cases where price discrepancies written in figures between the unit price(s) and the extended totals, the unit price(s) will be accepted as the price bid.

13.0 Broome County reserves the right to evaluate and/or reject all bids in whole or in part, and to waive technicalities, irregularities, and omissions, if, in the County's judgment, the best interests of Broome County will be served.

14.0 The words, "officer" or "officer of the company", means anyone having the "authority" to obligate their principal in the bidding and contract process. This person will provide documentation that they have this authority and will furnish the documentation within 72 hours, when requested, or be considered indicative of non-responsibility and will not be given further consideration.

15.0 Broome County also reserves the right to REVISE or AMEND the bid specifications prior to the bid opening date by WRITTEN ADDENDA for reasons other than 2.0 above.

16.0 COUNTY CONTRACTS/NEW YORK STATE CONTRACTS - Broome County Reserves the right to purchase from other Municipal contract(s), New York State contracts and/or Cooperative contracts as allowed by law.

17.0 DELIVERY - If the successful bidder fails to deliver within the time specified, or within a reasonable time

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 3 as determined by the Broome County Purchasing Agent or fails to make immediate replacement of rejected items when so requested or as directed by the appropriate County Department, Broome County reserves the right to purchase the same or similar item(s) from other sources to replace the item(s) rejected or not delivered.

► On all such purchases, the Bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful Bidder shall have no claim to the difference. Such purchases will be deducted from the estimated quantity.

► Reimbursement to the County, as noted above, may be in the form of a “credit”, issued by the vendor and deductible from a current or future invoice. The request for credit will be documented by the ordering department, on a Broome County “charge back form”.

18.0 Should any of the instructions/information in the attached bid package vary from the above, the bid package instructions/information will take precedence.

19.0 CONTRIBUTION STATEMENT & GIFT STATEMENT

A. Election law signed statements. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that the professional business entity has not made a contribution within one calendar year immediately preceding the date of the contract or agreement which exceeded the permitted thresholds set forth in article 14 of the Election Law of the State of New York.

B. Gifts signed statement. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that discloses all gifts given, if any, by the bidding professional business entity to any officer or employee of the County of Broome.

20.0 PROPOSAL

Persons desiring to make a proposal shall use the proposal blank prepared and attached hereto. The blank places in the proposal must be filled in as noted and no change shall be made in the phraseology of the proposal or in the items mentioned herein. The specifications attached hereto are to be considered as and shall form a part of the agreement.

Each proposal shall specify the correct gross or lump sum and shall also specify the unit prices for each of the separate items if called for in the proposal. In case the amounts shown in words and the equivalents in figures do not agree, the written words shall be considered binding.

21.0 IRANIAN ENERGY SECTOR DIVESTMENT

1. Contractor/Proposer hereby represents that said Contractor/Proposer is compliant with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

a. Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 4

Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

a. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Broome County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b. The County of Broome has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Broome would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

22.0 EXECUTIVE ORDER 177 REGARDING ANTI-DISCRIMINATORY POLICIES AND PRACTICES

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner.

The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

• all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

• employers with fewer than four employees in all cases involving sexual harassment; and,

• any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion, or national origin.

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 5 protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

23.0 EXECUTIVE ORDER 16 CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN

RUSSIA

Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

NOTICE: All bids received that lack:

1) a Signed Proposal;

2) a Signed Non-Collusive Bidding Certificate;

3) Samples when requested; or

4) Bid Bond / Check, when required, will be rejected as being non-responsive at the formal public bid opening.

A BID BOND IS NOT REQUIRED FOR THIS BID.

The County procurement officer(s) or employee(s) conducting the bid opening will document the non-responsiveness orally and in writing. The non-responsive bid will not be publicly read and will not be returned to the bidder.

EXTENSION OF CONTRACT TO NON-BROOME COUNTY GOVERNMENT AGENCIES AND OPEN

TO BROOME COUNTY POLITICAL SUBDIVISIONS

It is the intent of this invitation for bid that Non-Broome County Government Political Subdivisions and others authorized by law and located in the county of Broome, to participate in the contract awarded.

The County also reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Broome its participating Political Subdivisions and others authorized by law and located in the County of Broome and the vendor.

All orders will be placed by the ordering Non-Broome County Government Agency and shall be billed and make payment to the Vendor/Contractor. All Non-Broome County Government Agencies are required to make payments directly to the Vendor/Contractor.

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 6 https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

Upon request, non-Broome County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificate or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participating Non-Broome County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to performance of the contract, of any obligation, covenant, condition or term thereunder by either such party, thereto shall be borne and is expressly assumed by the participating Non-Broome County Government agencies and contractors and not by Broome County Government. In the event of a failure or breach in performance of any such contract by a non-Broome County Government agency or contractor, the Broome County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participating Non-Broome County Government agencies and contractors, agents and employees harmless from any liability that may be or is imposed by the failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Broome County Government centralized contract.

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 7

Risk Management & Insurance Specifications

Project Description or Contract Number

Purchase of Medium & Heavy Duty Truck Parts.

Date Issued August 18, 2025 Vendor name (“Contractor”) Various County Department Highway M. Padbury

Please read these specifications very carefully. These specifications are part of your contract with Broome County. It is advisable that you forward a copy of these specifications to your insurance agent. Broome County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

3. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

4. Every required coverage type shall be “occurrence basis”.

5. The Contractor may utilize umbrella/excess liability coverage to achieve the limits required hereunder;

such coverage must be at least as broad as the primary coverage (follow form).

6. All insurance certificates must be approved by the Office of Risk & Insurance Management. See section II for specific requirements regarding insurance proof.

7. The County reserves its right to request certified copies of any policy or endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Broome County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract,

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor (common law set-off), OR

(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Broome County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

10. Neither Party shall permit a subcontractor to enter upon or continue the performance of this Agreement unless such subcontractor is and remains insured in accordance with the requirements listed hereunder. Any such subcontracting Party shall indemnify the other Party for any loss suffered by the non-subcontracting Party for the failure of any subcontractor to be so insured. The indemnity shall survive expiration or termination of the Agreement.

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 8

Part II. Required Insurance – Minimum coverage types and amounts.

Coverage Type Minimum Limits Commercial General Liability (CGL) including:

Products & completed operations shall not be excluded.

Broome County shall be named additional insured. The additional insured endorsement for the insurance shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Proof of additional insured coverage shall be evidenced through a carrier issued endorsement. (ISO CG 20 10 11 85 or equivalent)

$1,000,000 / $2,000,000 Per occurrence / minimum annual aggregate limit

Automobile Liability (Comprehensive Form) Must cover owned, non-owned and hired vehicles

$1,000,000 Combined Single Limit

Workers’ Compensation and Employer’s Liability See #2 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory amount / $100,000

Disability Insurance See #3 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory limits

1. The certificate face shall:

indicate coverage(s) (other than Workers’ Compensation & Disability) & minimum amounts required in part II.1 provide that the coverage(s) shall not be cancelled, terminated, or materially changed (including an insurance limits reduction) unless thirty (30) days prior written notice has been given to the County Office of Risk & Insurance Management.

Disclose all policy exclusions.

Disclose the amount of self-insured retention or deductibles.

Show Products & completed operation.

2. Proof of Workers’ Compensation Coverage must be provided on NYS issued WCB form C-

105.2 or U-26.3. Exemption should be provided on CE-200

3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or DB820/829 or DB-155. Exemption should be provided on CE-200

4. The Additional Insured & Certificate Holder should read:

County of Broome Attn: Office of Risk & Insurance Management PO Box 1766 Binghamton, NY 13902-1766

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 9

Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by, or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Broome and any officer, employee and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents or and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid,.

Part IV Safety

Broome County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health, or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Broome County in no way obligates Broome County to inspect the safety practices of the Contractor.

If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Broome County’s legal obligation to continuously provide contractor’s service to the public or Broome County’s immediate need for completion of the Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Broome County shall have the right to immediately terminate this contract. In the event Broome County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 10

REQUIRED FEDERAL TRANSIT ADMINISTRATION CLAUSES

(Applicable to basis commodity agreements $10,000-$24,999)

1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

49 U.S.C. § 5323(l) (1) 31 U.S.C. §§ 3801-3812

18 U.S.C. § 1001 49 C.F.R. part 31

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the

RFB-2025-059 Replacement Parts & Accessories for Medium & Heavy-Duty Trucks 11 clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

3. ACCESS TO RECORDS AND REPORTS

49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 C.F.R. part 633

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.

b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.

d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

4. FEDERAL CHANGES

49 CFRF Part 18

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement v29 (dot.gov) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to comply shall constitute a material breach of this contract.

FTA and Master Agreement terms shall not preclude ownership rights to intellectual property including software and software documentation and trade secret information.

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5. TERMINATION

Termination for Convenience (General Provision) The Purchaser (County) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Purchaser (County)’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Purchaser (County) to be paid the Contractor. If the Contractor has any property in its possession belonging to the Purchaser (County) the Contractor will account for the same, and dispose of it in the manner the Purchaser (County) directs.

Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser (County) may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the Purchaser (County) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser (County), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

Opportunity to Cure (General Provision) The Purchaser (County), in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to the Purchaser (County)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from the Purchaser (County) setting forth the nature of said breach or default, the Purchaser (County) shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the Purchaser (County) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach In the event that the Purchaser (County) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by the Purchaser

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(County) shall not limit the Purchaser (County)’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.

6. CIVIL RIGHTS LAWS & REGULATIONS

Broome County is an Equal Opportunity Employer. As such, Broome County agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, Broome County agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, " September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as Broome County deems appropriate.

8. INCORPORATION OF FEDERAL TRANSIT ADMINSTRATION (FTA) TERMS

FTA Circular 4220.1G https://www.transit.dot.gov/sites/fta.dot.gov/files/2025-01/Third-Party-Contracting-Guidance-

%28Circular-4220.1G%29.pdf

Incorporation of the Federal Transit Administration (FTA) Terms – The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G (see link above) are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause violation of the FTA terms and conditions.

9. ENERGY CONSERVATION REQUIREMENTS

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

10. ADA ACCESS

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The Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act including any applicable provisions concerning the hiring and maintenance of employees and provisions regarding access to and enjoyment of services.

11. SAFE OPERATION OF MOTOR VEHICLES

Seat Belt Use

The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or AGENCY.

Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

12. PROHIBITION OF CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

Broome County is prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

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(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

(c) See Public Law 115-232, section 889 for additional information.

(d) See also § 200.471.

13. NOTICE TO FTA AND U.S.DOT INSPECTOR GENERAL IN REGARD

TO DISPUTES, BREACHES, DEFALTS AND LITIGATION

a. FTA INTEREST The FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the award of this solicitation, the accompanying underlying agreement and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise

b. NOTIFICATION TO FTA If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to…