2025-060-7085 Purchase of BD BACTEC MGIT 960 Mycobacterial Detection System.pdf

Solicitation Number No.: 2025-060-7085 Pre-Bid Meeting Date:10/03/2025

Project Title: IFB Purchase of Becton Dickinson BACTEC Mycobacteria Growth Indicator Tube (BD

BACTEC MGIT) 960 Mycobacterial Detection System Bid Due Date:10/16/2025

PUR-FRM-049

REV. 1 – 8.9.22

INVITATION FOR BID

2025-060-7085 IFB – Purchase of Becton Dickinson BACTEC Mycobacteria Growth Indicator

Tube (BD BACTEC MGIT) 960 Mycobacterial Detection System

REV. 1 – 8.9.22

I. Introduction, Purpose and Intent

The intent of this invitation for bid is for the one-time purchase of a Becton Dickinson BACTEC

Mycobacteria Growth Indicator Tube (BD BACTEC MGIT) 960 mycobacterial detection system and to establish a five-year master agreement for the consumables used by the equipment.

Dallas County is seeking bids for the purchase of a BD BACTEC MGIT 960 mycobacterial detection system along with establishing a five-year master agreement for the consumables used by the equipment for the

Public Health Lab managed by the Health and Human Services Department.

Dallas County operates one of Texas’ busiest public health Tuberculosis (TB) laboratories. Our current

BACTEC MGIT 960 has been in continuous operation for nearly 30 years. Due to aging infrastructure, increasing service disruptions, and critical throughput and data demands, we seek approval to replace this system with a modern MGIT 960 platform to ensure compliance with national TB control standards and continuity of care. The Dallas County currently ranks in the top five states for active Tuberculosis cases nationally. The Health and Human Services Public Health Lab processes an average of 700 TB tests per month, with a projected annual total of approximately 8,000 tests.

This equipment is used to detect Mycobacteria in the liquid culture inoculated from the clinical patient sample. At any given time, we have 700 to 800 cultures incubating in the unit. This equipment can incubate up to 960 MGIT cultures.

II. Specifications

BD BACTEC MGIT 960 Mycobacterial Detection System

Manufacturer: Becton Dickinson

Model Number: 445870

• Informatics PC

• UPS 120V MGIT

• One-year Warranty

Please note: Items that are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable.

Refer to Exhibit I – BD BACTEC MGIT Instrument Quick Reference Guide for additional details.

Product Discontinuance

In the event a product and/or model is discontinued by the manufacturer, Dallas County at its sole written discretion may allow the contractor to provide a substitute for the discontinued item. The vendor will be responsible for all shipping costs to and from the County. The County assumes no liability for loss or damage to samples at any time. The contractor shall request permission to substitute a new product and provide the following:

• Sample and product information will need to be provided.

• Documentation from the manufacturer that the product or model has been discontinued.

• Documentation that names the replacement product or model.

• Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original bid.

REV. 1 – 8.9.22

• Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

• Documentation confirming that the price for the replacement is the same or less than the discontinued product or model.

Manuals

Each unit shall contain a user’s manual, warranty information, and customer service number documents within the package of each unit. The information shall be contained within the package at time of delivery.

Brand Authorization

Suppliers must submit a manufacturer-issued letter on official letterhead confirming authorization as a stocking distributor, authorization to sale the bid products, and good standing with the manufacturer.

Warranty

The product shall be covered by manufacturer’s standard warranty terms and provisions, provided that the warranty coverage shall meet or exceed the manufacturer’s standard warranty terms (one-year minimum).

The manufacturer shall warrant the product against defects in material and workmanship under normal use and service and shall repair or replace at its cost any defective product and supplier shall pay all freight and shipping charges for any defective product returned. Complete warranty information detailing the period and coverage must be submitted.

Quantities

The quantities are a representation of historical and estimated usage and therefore the County may purchase more or less depending on the County’s needs. The County does not guarantee the quantities it may purchase as this agreement and the quantities purchased will be based on the quantities needed by the County throughout the term of the agreement. Partial deliveries will be accepted; however, the supplier will process, and ship items indicated on the order. If some items are temporarily out of stock, the supplier will notify the

County by separate communication when items will be shipped and indicate on invoice/packing slip.

Upon receipt of a purchase order, the vendor shall provide Dallas County with an estimated time frame for order fulfillment if requested by the County. Items shall be delivered within 7 – 10 days after purchase order

(PO) is issued.

Delivery

All orders submitted before noon will be delivered during the hours of 8:00 a.m.- 3:30 p.m., Monday through

Friday, excluding weekends and County holidays, unless prior written authorization is given by the ordering department. Dallas County will provide no assistance or equipment for unloading or handling of products and the vendor must notify their truckers or delivery firms accordingly.

Dallas County is closed on the following holidays:

• New Year’s Day

• Martin Luther King

• Cesar Chavez Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Thanksgiving Holiday (Thursday and Friday)

• Christmas (Tuesday and Wednesday)

Delivery must be freight on board (FOB) destination. The vendor will be responsible for insuring the product against the risk of loss or damage during shipping. The supplier shall be responsible for filing a claim with the delivery provider in the event of shipping damage.

III. Pre-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the

Buyer referenced herein. A pre-bid meeting will be held by the County whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address through the County’s purchasing platform, (https://www.bidnetdirect.com/texas/dallas-county), to the assigned Buyer. The County will respond to all questions by way of addendum which will be posted as part of the solicitation. The County, its agents, and employees shall not be responsible for any information given by way of verbal communication.

Pre-bid conference October 3, 2025 at 11:00 AM (CST) the pre-bid meeting will be conducted through a conference call.

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The deadline for the submission of questions is on October 3, 2025 at 11 AM (CST) through Bidnet.

IV. Term and Commencement Date

This will be a one-time purchase for the equipment and five-year term contract for the consumables commencing upon award by Commissioners Court, upon meeting any insurance and/or bonding requirements

(if applicable) and/or fully executing the contract (if applicable).

V. Award Method

The County’s intent is to award this solicitation in its entirety, but the County reserves the right to award in the method that is most advantageous to the County.

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REV. 1 – 8.9.22

The County reserves the sole discretion to determine whether a solicitation response is responsive. County reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of County. Late bids will not be considered for award.

Upon expiration of the Contract, the Contractor agrees to hold over under the terms and conditions of this contract for such a period of time as is reasonably necessary to re-solicit (not to exceed 90 calendar days unless mutually agreed on in writing).

VI. Bid Submittal and Exception Requirements

To be considered for award, the bid response must be submitted by October 16, 2025 at 2:00 p.m. (CST).

Bid responses shall be submitted electronically through Bidnet, the County’s online public solicitation platform (https://www.bidnetdirect.com/texas/dallas-county) Although the County prefers submissions in electronic form, a bidder may elect to submit their bid in hard copy. To submit in hard copy, the vendor may deliver or ship to: Dallas County Purchasing Department, Records Building 500 Elm Street, Suite 5500, Dallas, Texas 75202. When submitting a bid in hard copy, the County requires two (2) duplicate hardcopies

(one original and one copy) to be submitted.

Any exceptions to the specifications/scope of work and/or terms and conditions shall be included in the solicitation response and shall appear in its own tab. Exception shall reference the page number, section and language for which exception is taken. The County reserves the right to reject any exception not in the best interest to the County or may lead the bid to be considered nonresponsive and not considered for award.

Note: On December 19, 2024, Dallas County implemented a new public solicitation platform and will be posting all solicitations for goods, services, and construction through Bidnet. Vendors seeking to do business with Dallas County will be required to register, (https://www.bidnetdirect.com/texas/dallas-county). By registering, vendors will be able to receive solicitation notices, view open solicitations, and submit their response online to desired business opportunities.

VII. Communication

Upon release of the solicitation and during the process, vendors /firms and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact in relation to this solicitation with Dallas County employees, department heads and/or elected officials. Such contact may result in the vendor being disqualified. All questions and request for information related to this solicitation must be coordinated through (Buyer Name).

All questions regarding this solicitation are to be submitted in writing to Paige Robinson, Dallas County

Purchasing Department via Bidnet (https://www.bidnetdirect.com/texas/dallas-county) , the County’s procurement platform. If the bidder does not have access to the County’s solicitation platform, the bidder may submit their questions in writing via email to (Buyer’s email). Please reference the IFB Solicitation number in the subject of the email.

All questions, comments and requests for clarification must reference the IFB solicitation number on all correspondence to Dallas County. Any oral communications shall be considered unofficial and non-binding.

mailto:Bidsync

REV. 1 – 8.9.22

Only written responses to written communication shall be considered official and binding upon the County.

The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

NOTE: All addendums and/or any other correspondence (general information, question and responses) to this IFB will be made available exclusively through the Dallas County website for retrieval. Bidders are solely responsible for frequently checking this website for updates to this IFB

Addendums to this IFB can be located at the following web address:

http://www.dallascounty.org/department/purchasing/currentbids.php (go to the appropriate IFB #, click on the appropriate hyperlink for viewing and/or downloading.)

VIII. Location and Invoicing

The County shall pay invoices in 30 days. In order for the County to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the County. The 30 days begin when the

County has received a correct invoice reflecting the work or goods delivered. If the County receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the County will request a corrected invoice and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the County for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

• Name and address of the department for which services were provided

• Purchase order number

• Contact information of County staff who placed order (name, phone number, department)

• Date of order or Service

• Detailed description of each service

• Price good or services (charges for all services covered by this contract are to be separately stated and explained

• Unit pricing

• Total cost of goods/services

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow these instructions risk having the contract with the County cancelled.

IX. Documents Submitted with Bid

1. Attachment S - Small Business Enterprise (SBE) Forms (mandatory must be submitted with bid).

X. Opening of Bids

Bid reading shall be conducted at 2:30pm (CST) on the day the bids are due. The reading will be conducted via a live meeting online at (insert bid opening link here). Bids will be publicly opened in compliance with public bid opening statutory requirements.

XI. Review of Bids http://www.dallascounty.org/department/purchasing/currentbids.php

1. The County will review bids complying with the due date and time to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

2. The County may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the bid.

3. Please be aware that Dallas County may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to Dallas County.

XII. Bid Pricing

1. Bid pricing shall be firm for the first 12 months of the contract unless otherwise stated herein. Costs not included or calculated in the applicable unit prices as bid will not be paid by the County, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred. Price increase(s) shall not be automatic, the bidder shall request on an annual bases a price increase which shall not exceed 5% annually as warranted. Bidder shall submit, for the County's consideration, supporting documentation that substantiates the requested price increase. Cumulative change orders and/or price increases shall not exceed 25% of the original amount awarded during contract term. A price increase shall be mutually agreed upon by the County and Contractor. Request for price increases and change orders shall be reviewed and considered at the County's sole discretion.

XIII. Insurance Requirements

Any Contractor or Vendor that conducts business with Dallas County, whether it is for goods and/or services, must maintain lawful worker's compensation/self-insured employee coverage requirements and adequate liability limitations.

Within ten (10) days after contract award or prior to the commencement of any work or delivery, the

Purchasing Agent requires the successful Contractor(s)/Vendor(s) to submit verification of the following coverage. The insurance coverages, except Workers Compensation and Professional Liability, required by this Contract, shall name Dallas County and its elected and appointed boards, officers, officials, agents, representatives, directors, employees and volunteers, as additional insured(s) (as the interest of each insured may appear).

Contractor at its own expense, consistent with its status as an independent contractor will carry, purchase and maintain insurance coverage, the minimum insurance coverage set forth immediately below, with companies authorized to do insurance business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code, having an A.M. Best Rating of “A” or better, and in amounts not less than the following minimum limits of coverage:

The policies may provide coverage, which contains deductibles or self-insured retention. Such deductibles and/or self-insured retention shall not be applicable with respect to the coverage provided to Dallas County under such policies. The Contractor shall be solely responsible for all deductibles and/or self-insured retention.

REV. 1 – 8.9.22

All insurance required herein shall be maintained in full force and effect throughout the term of this contract, including all extensions or renewals.

1.1. Workers Compensations and Employer’s Liability Insurance or self-insured employee in the amount and in compliance with the provisions as provided for by Texas Law as established by the Texas Workers

Compensation Act, Title 5, Subtitle A, Texas Labor Code for all his employees assigned to operate or work under this Contract. In the event the Contractor elects to sublet any work, Contractor shall require

Sub-Contractors to provide Workers’ Compensation Insurance for all of the latter’s employees unless the

Contractor affords such employees protection. Contractors shall be responsible for workers’ compensation insurance for subcontractors or sub-lessees who directly or indirectly provide service under Dallas County contract.

Workers’ Compensation Insurance with statutory limits, and Employer’s Liability Insurance with limits of not less than $500,000:

Employers Liability - Each Accident $500,000

Employers Liability - Each Employee $500,000

Employers Liability - Policy Limit $500,000

Policies under this Section shall apply to State of Texas and include the following endorsements in favor of Dallas County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

1.2. Commercial General Liability: Contract shall maintain Commercial General Liability Insurance coverage must include the following: (a) Premises; (b) Operations; (c) Independent Contractor’s

Protective Liability; (d) Products and Completed Operations; (e) Medical Expense; (f) Personal and

Advertising Injury; (g) Contractual Liability; (h) Broad form property damage, to include fire legal liability. Such insurance shall carry in an amount not less than One Million and 00/100 ($1,000,000.00) for bodily injury (including death), property damage, and blanket contractual coverage per occurrence with a general aggregate of Two Million and 00/100 ($2,000,000.00) and products and completed operations aggregate of Two Million and 00/100 ($2,000,000.00).

c. Additional Insureds: Dallas County and its elected and appointed boards, officers, officials, agents, representatives, directors, employees, and volunteers.

1.3. Automobile Liability Insurance: Contractor shall maintain Automobile Liability Insurance covering all owned, hired, and non-owned automobiles used in connection with work with limits not less than Five

Hundred Thousand 00/100 ($500,000.00) Combined Single Limit of Liability for Bodily Injury and

Property Damage. Such insurance is to include coverage for loading and unloading hazards.

c. Additional Insureds: Dallas County and its elected and appointed boards, officers, officials, agents, representatives, directors, employees and volunteers.

Contractor agrees that, with respect to the above- referenced insurance, all insurance contracts/policies will contain the following required provisions:

a. Endorsement: Except Workers Compensation and Professional Liability, name Dallas County and its elected and appointed boards, officers, officials, agents, representatives, directors, employees and volunteers as additional insured(s) (as the interest of each insured may appear) as to all applicable coverage;

b. Endorsement: Provide for thirty (30) days prior written notice will be given to the County for cancellation, non-renewal or material reduction/change in coverage provided under all policies, except in cases of cancellation for non-payment, in the event of which notice shall be provided as required by state law to Dallas County;

c. Endorsement: Contractor agrees to waive subrogation against Dallas County, its officers and employees for injuries, including death, property damage or any other loss;

d. Provide for endorsement that the “other insurance” clause shall not apply to County where County is the additional insured on the policy;

e. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of the contract is satisfactorily completed and formally accepted;

f. All insurance coverage shall be on a per occurrence basis, if coverage is written on a claims-made basis, the retroactive date shall be prior to or coincide with the date of the Contract and the certificate of insurance shall state that the coverage is claims-made and indicate the retroactive date. The coverage shall be continuous for the duration of the contract agreement and for not less than two

(2) years following the end of the contract agreement. Coverage, including renewals, shall have the same retroactive date as the original policy applicable to the contract agreement;

g. Contractor shall be solely responsible for the deductible and/or self-insured retention for any loss;

h. Contractor insurance policies coverage shall be written on a primary basis and non-contributory with any other insurance coverages and/or self-insurance carried by Dallas County;

i. Default/Cumulative Rights/Mitigation. It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this contract agreement are cumulative, and either Party’s use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the Parties may have by law, statute, ordinance or otherwise. Contractor has a duty to mitigate damages.

j. Approval and acceptance of Contractor’s services and work by County shall not constitute nor be deemed a release of the responsibility and liability of Contractor for the accuracy and competency of Contractor’s services or work; nor shall such approval and acceptance be deemed to be an assumption of such responsibility by the County for any defect, error or omission in the services performed by Contractor in this regard;

REV. 1 – 8.9.22

k. Contractor shall provide that all provisions of this contract agreement concerning liability, duty and standard of care, shall be underwritten by contractual liability coverage sufficient to include obligation within applicable policies;

l. Contractor and their freight contractors must be prepared to show coverage verification prior to entering upon County premises;

m. Failure to comply with lawful requirements or adequate liability requirements may result in delay of payments, subject to the orders of the Commissioners Court, not to exceed a period of up to two years from the termination of this contract agreement, or cancellation of this contract agreement or both (Dallas County Commissioners Court Order 2003-1792, September 30, 2003);

n. Insurance Certificates: The certificates of insurance shall list County as the certificate holder. Any and all copies of Certificates of Insurance shall reference any applicable (Bid Number, Commissioners Court Order Number, or contract number for which the insurance is being supplied). All insurance policies or duly executed certificates for the same required to be carried by

Contractor under this contract agreement, together with satisfactory evidence of the payment of the premium thereof, shall be delivered to the: Dallas County Purchasing Agent located at 500 Elm

Street, Suite 5500, Dallas, Texas 75202; and

o. All insurance required to be carried by Contractor or subcontractors under this contract agreement shall be acceptable to the County in form and content, in its sole discretion. All policies shall be issued by an insurance company acceptable and satisfactory to County and authorized to do business in the State of Texas. Acceptance of or the verification of insurance by County shall not relieve or decrease the liability of Contractor.

2. Insurance Lapse

In the event successful firm fails to maintain insurance as required by this contract, successful firm shall immediately cure such lapse in insurance coverage at successful firm’s sole expense and pay County in full for all costs and expenses incurred by County under this contract as a result of such failure to maintain insurance by successful firm, including costs and reasonable attorney’s fees relating to County’s attempt to cure such lapse in insurance coverage. Such costs and attorney’s fees, not to exceed fifteen hundred and

00/100 dollars ($1,500.00), shall be automatically deducted from monies or payments owed to successful firm by County. Moreover, the County shall retain five percent (5%) of the value of the Contract that shall be placed into an account from monies or payments owed to Contractor by County to cover County’s potential exposure to liability during the period of such lapse. The five percent (5%) retainage shall be held by County until six (6) months after the date lapse in coverage is cured or Term of the Contract has ended or has otherwise been terminated, canceled or expired and shall be released if no claims are received or lawsuits filed against County for any matter that should have been covered by the required insurance. The

County shall retain the funds if a claim is received or lawsuit and use the funds to defend, pay costs of defense or settle the claim.

XIV. Rejection or Acceptance of Bids

The County reserves the right to accept or reject in part or in whole any bids submitted. The Purchasing

Agent will recommend to Commissioners Court award to the lowest responsive and responsible bidder as determined by the Purchasing Agent.

XV. Late and Withdrawn Bids

All bids must be submitted no later than the bid due date and time established by this solicitation. Bid arriving after the due date and time will not be accepted. Late bids delivered by carrier will be return to the bidder unopened.

A bidder has the right to withdraw their bid prior to the bid due date and time, thereafter, the bidder shall submit a formal request to the Dallas County Purchasing Agent requesting to withdraw their bid.

XVI. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response by the bidder. County cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure to Attorney General of Texas for final determination.

XVII. Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

• Reason to believe collusion exists among the bidders

• The bidder is involved in any litigation against Dallas County

• The bidder is in arrears on an existing contract or has failed to perform on a previous contract with

Dallas County

XVIII. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XIX. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the County as they relate to this contract. These records shall be retained for a minimum of two years after the conclusion of the Contract.

The County reserves the right to audit any records it deems necessary for the execution of this Contract.

XX. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the County. Should the Contractor assign, transfer, sublet, convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the County may, at its discretion, cancel the Contract and all rights, title and interest of the

Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXI. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

• Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

• Contractor attempts to assign the Contract without the prior written consent of the County;

• Contractor shall fail to perform, keep or observe any term, provision or covenant of the Contract; or

• Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the County in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the

County may immediately cancel the Contract. At the direction of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the County shall not be liable to prosecution for damages or lost anticipated profits if the County cancels or terminates the Contract.

No Waiver: No waiver by the County of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXII. Termination

The County may terminate this agreement in whole or in part by giving thirty days written notice thereof to

Contractor. The County will compensate Contractor in accordance with the terms of the agreement for all goods and services delivered and accepted prior to the effective date of such termination notice.

XXIII. Miscellaneous

1. After executing the contract or issuance of a purchase order, no consideration will be given to any claim of misunderstanding.

2. Bidders shall submit with their bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Bidders shall thoroughly familiarize themselves with the provisions of these specifications/scope of work.

4. A bid may be disqualified if the corporation or individual bidder is in arrears or in default to the County for delinquent taxes or assessments or on any debt or contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the County by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, bidders may be disqualified for poor prior performance on similar Contracts with other entities.

5. The Contractor agrees to abide by the rules and regulations as prescribed herein. The Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all

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qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

6. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

7. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

8. Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the department director and/or Purchasing Agent or his authorized representative shall be final.

XXIV. Indemnity

The selected bidder agrees to defend, indemnify and hold the County, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the County, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and County, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the County under Texas law and without waiving any defenses of the parties under

Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXV. Development Costs

Neither Dallas County nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this IFB. Respondents are encouraged to prepare their bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the

IFB.

XXVI. Certificate of Interested Parties (Form 1295)

Section 2252.908 of the Texas Government Code: An Act Addressing Disclosure of Interested Parties.

Effective January 1, 2016, Dallas County, must comply with the “Disclosure of Interest Parties, requirements established under Section 2252.908 of the Texas Government Code as implemented by the Texas Ethics

Commission. Briefly stated, all contracts requiring an action or vote by the governing body of the entity or agency before the contract may be signed (regardless of the dollar amount) or that has a value of at least $1 million will require the on-line completion of Form 1295 "Certificate of Interested Parties", in accordance

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with Texas Government Code Statute §2252.908. Form 1295 is also required for any and all contract amendments, extensions or renewals. All business entities are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Step 1: Business Entity completes Form 1295 in electronic format on the Texas Ethics Commission website:

(https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm)

Step 2: Upon receipt of a completed Interested Parties Disclosure Form, Texas Ethics Commission issues a

Certification of Filing to the Business Entity and the Business Entity download(s), print, sign(s) and notarize(s) Form 1295. An authorized agent of the business entity will need to sign the printed copy of the form and have the form notarized.

Step 3: At the time of submission of the solicitation to Dallas County the Business Entity must submit the completed notarized Form 1295 with the Certification of Filing with their contract (i.e.: bid, rfp, rfq, soq, etc.) to Dallas County. Upon receipt, Dallas County may proceed with the award and/or execution of the contract.

Step 4: Not later than the 30th day after the date the contract has been signed by all parties, Dallas County must notify the Texas Ethics Commission (in electronic format) of the receipt of (1) Form 1295, and (2) the

Certification of Filing.

Step 5: Not later than the 7th business day after receipt of the above notice, Texas Ethics Commission makes the disclosure available to the public by posting the disclosure on its website.

County Offices and Departments submitting contracts to Commissioners Court for award/execution are responsible for acknowledging and filing the Form 1295.

Definitions:

(a) “Contract” includes an amended, extended, or renewed contract.

(b)“Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

(c)“Controlling interest” In accordance with the Texas Ethics Commission, Chapter 46.3(c) and applicable to Texas Government Code §2252.908 - (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

(d)“Interested party” (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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(e)“Intermediary” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity.

To obtain additional information on Section 2252 and to learn more about the Texas Ethics Commission process to create a new account or to complete an electronic version of Form 1295 for submission with a signed contract, please go to the following website:

https://www.ethics.state.tx.us/tec/1295-Info.htm

Instructional Videos for Business Entities on how to file online can be found at:

XXVII. Conflict of Interest

No County elected or appointed official or representative, or any employees shall have any financial interest, direct or indirect, in any contract with the County or be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, goods or services, except on behalf of the County as an official or employee. Any violation of this Section, with knowledge, expresses or implied, of the person or corporation contracting with the County shall render this Agreement involved voidable by the

Commissioners Court of Dallas County. It is the responsibility of Contractor during all phases of this

Agreement to notify the County in writing of any potential conflict of interest. Contractor covenants that neither it nor any member of its corporation presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by Contractor.

XXVIII. Small Business Enterprise (SBE) Program

See Attachment S – Small Business Enterprise Program (SBE) and SBE forms.

XXIX. Cost Sheet

See Attachment A- Cost Sheet

XXX. BD BACTEC MGIT Instrument Quick Reference Guide

See Exhibit I - BD BACTEC MGIT Instrument Quick Reference Guide https://www.ethics.state.tx.us/tec/1295-Info.htm