24ITBC1288213B-PS, Library - Non Book Materials.pdf

INVITATION TO BID – COMMODITIES 24ITBC1288213B-PS

Library - Non Book Materials Shelf-Ready DVD, CD, Spoken Word, Poetry, Adult, Teens and Children

For

Fulton County Library

BID ISSUANCE DATE: Friday, April 19, 2024 BID DUE DATE AND TIME: Wednesday, May 8, 2024 11:00 A.M.

PURCHASING CONTACT: PHYLLIS STEWART at (404) 612-4215 E-MAIL: phyllis.stewart@fultoncountyga.gov

FULTON COUNTY GOVERNMENT

DEPARTMENT OF PURCHASING & CONTRACT COMPLIANCE

INVITATION TO BID

Section 1 - INSTRUCTIONS TO BIDDERS, GENERAL TERMS AND CONDITIONS

1. Bid Preparation

2. Receipt and Opening of Bids

3. Certification of Independent Price Determination

4. Term of Contract

5. Examination of Contract Documents

6. Addenda and Interpretations

7. Non-Collusion

8. Certificate of Acceptance for Bid Requirements

9. Conflict of Interest

10. Bid Evaluation

11. Award Criteria

12. Disqualification of Bidders

13. Basis of Award

14. Samples

15. New

16. Brand Name Specifications and Approved Equivalents

17. Insurance and Risk Management Provisions

18. Indemnification

19. Taxes

20. Delivery

21. Placement of Orders

22. Rights and Remedies of County for Default

23. Invoices and Payment Terms

24. Legal Requirements

25. Assignment

26. Rejection of Bid

27. Termination

28. Debarment

29. Right to Protest

30. Binding Authority

31. Intergovernmental Cooperative Procurement Statement

32. Submittals

Section 2 – BID FORM Section 3 – BIDDER REFERENCE FORM Section 4 – SCOPE OF WORK AND TECHNICAL SPECIFICATIONS Section 5 – CONTRACT COMPLIANCE REQUIREMENTS Section 6 – DRAFT CONTRACT AGREEMENT

INVITATION TO BID - COMMODITY

Fulton County Government “County” is soliciting Bids for the procurement of Non-Book Materials (Shelf-Ready DVD, CD, Spoken Word, Poetry, Adult, Teens and Children) for the Fulton County Library System. Bid responses, with required attachments, must be submitted electronically on-line no later than 11:00 a.m., local time, on Wednesday, May 8, 2024

PURPOSE AND SCOPE

The purpose of this Invitation to Bid – Commodity (“ITBC”) is to establish an indefinite quantity, firm fixed price contract to be used as the primary source for the commodities/goods listed in the attached specifications. Commodities will be ordered from time to time in such quantity as may be needed to fill any requirements of the County. As it is impossible to determine the precise quantities that may be needed during the contract period, the Vendor is obligated to deliver in minimum/maximum quantities contracted for in accordance with the specific conditions of this bid.

METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this bid is Code Section 102-373, Competitive Sealed Bid.

BID DOCUMENTS

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

PURCHASING CONTACT

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

https://www.bidnetdirect.com/georgia/fultoncounty.

No Pre-Bid Conference will be held. Inquiries regarding the solicitation either technical or otherwise must be submitted in BidNet Direct prior to the Due Date. All responses to questions will be distributed as an Addendum to this ITBC and posted on the BidNet Direct website.

VENDOR REGISTRATION

Bid responses must be submitted electronically on-line through BidNet Direct. The Bidder’s firm must be a registered vendor with BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty in order to submit a response to this ITBC. There is no charge to register, simply follow the registration path and select the "Limited Access" option.

If you need any assistance registering or using the E-Procurement platform, please call BidNet's Support Team at 800-835-4603 ext. 2 for assistance.

END OF SECTION

https://www.bidnetdirect.com/georgia/fultoncounty

SECTION 1

INSTRUCTIONS TO BIDDERS, GENERAL TERMS AND CONDITIONS

The following provisions are hereby made a part of this Invitation to Bid - Commodities (ITBC).

Any Contract or Purchase Order awarded as the result of this request shall be governed by these General Terms and Conditions.

1. BID PREPARATION

a. Bid responses must be submitted electronically on-line via BidNet Direct

(https://www.bidnetdirect.com/georgia/fultoncounty).

b. Unit prices must be entered in the appropriate spaces provided. The unit price for each unit shall include packing, unless otherwise specified.

c. The County may, in its sole discretion, reject any bid determined as irregular, a conditional bid or any bid on which there is an alteration of, or departure from the Bid Schedule attached.

d. The County reserves the right to award multiple contracts for the procurement of annual contracts for goods and commodities.

2. RECIEPT AND OPENING OF BIDS

Sealed bids will be received by the Department of Purchasing & Contract Compliance electronically via BidNet Direct as described above. All submitted bid responses will be time and date stamped at the time all documents are uploaded and received.

REQUIRED SUBMITTALS: The bidder must complete and execute the following documents and upload as required:

1. Acknowledgment of each Addendum

2. Contract Compliance Forms Exhibit A: Promise of Non-Discrimination

Any bid responses received after the stated time and date will not be considered. It shall be the sole responsibility of the bidder to have his/her bid submitted in BidNet Direct to the County for receipt on or before the stated time and date.

Bids shall be publicly opened via web conferencing, with only the names and total bid price of the bidders disclosed at the opening.

Date: Wednesday, May 8, 2024 Time: 11:15 A.M.

Web Conference Link: https://zoom.us/s/95298175983

Webinar ID - 952 9817 5983

Or One tap mobile:

+14703812552,,95298175983# US (Atlanta) +14702509358,,95298175983#US (Atlanta) https://zoom.us/s/95298175983

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this Bid, the Bidder certifies, and in the case of joint bid each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to the opening, directly or indirectly to any other Bidder or to any competitor; and

(3) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

3. MULTI-YEAR CONTRACT TERM

The period of this Agreement shall consist of a series of Terms as defined below. The County is obligated only to pay such compensation under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the County’s then current fiscal year.

a. Commencement Term The “Commencement Term” of this Agreement shall begin on the date of execution of the Agreement in the year 2024, the starting date, and shall end absolutely and without further obligation on the part of the County on the 31st day of December 2024. The Commencement Term shall be subject to events of termination and the County’s termination rights that are described elsewhere in this Agreement. Notwithstanding anything contained in this Agreement, the County’s obligation to make payments provided under this Agreement shall be subject to the County’s annual appropriations of funds for the goods, services, materials, property and/or supplies procured under this Agreement by the County’s governing body and such obligation shall not constitute a pledge of the County’s full faith and credit within the meaning of any constitutional debt limitation.

b. Renewal Terms Unless the terms of this Agreement are fulfilled with no further obligation of the part of either party on or before the final date of the Commencement Term as stated above, or unless an event of termination as defined within this Agreement occurs during the Commencement Term, this Agreement may be renewed at the written option of the County upon the approval of the County Board of Commissioners for two, (2), one-year (“Renewal Terms”). However, no Renewal Term of this Agreement shall be authorized, nor shall any Renewal Term of this Agreement commence unless and until each Renewal Term has first been approved in writing by the County Board of Commissioners for the calendar year of such Renewal Term. If approved by the County Board of Commissioners, each Renewal Term below shall begin on the 1st day of January for the calendar year of such Renewal Term and shall end no later than the 31st day of December of the calendar year of such Renewal Term. The 1st renewal term shall begin on the 1st day of January, 2025 and shall end no later than the 31st of December 2025. The 2nd renewal term shall begin on the 1st day of January 2026 and shall end no later than the 31st of December 2026.

c. Term Subject to Events of Termination All “Terms” as defined within this Section are subject to the section of this Agreement which pertain to events of termination and the County’s rights upon termination.

d. Same Terms

Unless mutually agreed upon in writing by the parties, or otherwise indicated herein, all provisions and conditions of any Renewal Term shall be exactly the same as those contained within in this Agreement.

e. Statutory Compliance Regarding Purchase Contracts.

The parties intend that this Agreement shall, and this Agreement shall operate in conformity with and not in contravention of the requirements of O.C.G.A. § 36-60- 13, as applicable, and in the event that this Agreement would conflict therewith, then this Agreement shall be interpreted and implemented in a manner consistent with such statute.

4. CONTRACT TERM

One year term with 2 one-year renewals options

4. EXAMINATION OF CONTRACT DOCUMENTS

Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request to the County for an interpretation or correction of any ambiguity, in consistency or error therein which could be discovered by a bidder. At the bid opening each bidder shall be presumed to have read and be familiar with the contract documents.

5. ADDENDA AND INTERPRETATIONS

Bidders may submit requests for clarification or questions regarding this ITBC to the Purchasing Contact Person. Any request shall be submitted in writing via Facsimile or Email.

All responses to written request(s) will be distributed as an Addendum to this ITBC and posted on the County’s website at www.fultoncountyga.gov under “Bid Opportunities.

The County will not respond to requests received after Wednesday, May 1, 2024 at 2:00 P.M.

6. NON-COLLUSION

By submitting a Bid, the Bidder certifies that this bid is made without prior understanding, agreement or connection with any other corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. Bidder further understands collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damage awards. Bidder agrees to abide by all conditions of this bid and certifies that person signing is authorized to sign this bid or proposal for the bidder.

http://www.fultoncountyga.gov/

7. CERTIFICATE OF ACCEPTANCE

By responding to this Bid, the Bidder acknowledges that he/she has read this solicitation document, including any addenda, exhibits, attachments, and/or appendices in its entirety, and agrees that no pages or parts of the document have been omitted, that he/she understands, accepts and agrees to fully comply with the requirements therein.

8. CONFLICT OF INTEREST

Bidder states that no County officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the County.

10. BID EVALUATION

a. Each Bid timely received and in the County's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of sixty calendar days after the Bid opening and will not be withdrawn or modified during that time. The County may accept any Bid by giving the Bidder Written Notice of acceptance during that time. If necessary, the period of time specified may be extended by written agreement between the County and the Bidder or Bidders concerned.

b. After the Bids have been opened and before any award is made, the County will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the Agreement satisfactorily.

c. All extension of the unit prices shown, and the subsequent addition of extended amounts may be verified by the County. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

d. Bidder may be required to submit, in writing, the addresses of any proposed Subcontractors or Equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The County reserves the right to disapprove any proposed Subcontractor or Equipment manufacturers whose technical or financial ability or resources or whose experience are deemed inadequate.

e. The County reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the County. Where only a single responsible and responsive Bid is received, the County may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole Bidder shall be solely within the County’s discretion and not dependent upon performance of a price or cost analysis.

f. Bids will be evaluated on the basis of determining the lowest Bid total of a Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding Documents relating thereto.

Any Bid may be rejected if it is determined by the County to be non-responsive, provided, however, that the County reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public.

Furthermore, any Bid may be rejected if it is determined by the County, in its sole discretion, that the Bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination. Additionally, the County reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s).

g. The County intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. In addition, the Commission reserves the right to reject all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so.

h. A Pre-Award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents.

11. AWARD CRITERIA

Award will be made after evaluating the prices, responsiveness and responsibility of each Bidder.

A. Responsiveness: The determination of responsiveness will be determined by the following:

a. The completeness of all material, documents and/or information required by the County.

b. Whether the bidder has submitted a complete Bid form without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Bid form.

B. Responsibility: The determination of the bidder’s responsibility will be determined by the following

a. The ability, capacity and skill of the Bidder to perform and/or provide the Work required.

b. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the County that he/she is properly qualified to carry out the obligations of the Contract.

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

d. The quality of performance of work on previous contracts or work; Maintains a permanent place of business individually or in conjunction with the prime contractor.

e. Has the appropriate and adequate technical experience necessary to perform the Work.

f. Has adequate personnel and equipment to do the Work expeditiously.

g. Has suitable financial means to meet obligations incidental to the work.

12. DISQUALIFICATION OF BIDDERS

Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid:

a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same of different name(s).

b. Evidence of collusion among Bidders.

c. Previous participation in collusive bidding on Work for the County.

d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items.

e. Lack of competency of Bidder. The Agreement will be awarded only to a Bidder(s) rated as capable of performing the Work.

13. BASIS OF AWARD

Awarded to the overall lowest responsive and responsible bidder (single bidder)

The County shall award to the overall lowest responsive and responsible bidder complying with the provisions of the ITB - Commodities.

The following criteria may be considered by the County in selecting the most advantageous quote: a) Ability to perform the service required within the specified time; b) Conformance to specification; c) The quality of performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) Bidder references. The County reserves the right to cancel the solicitation and to reject any or all bids in whole or in part and is not bound to accept any bid if rejection of that bid is determined to be contrary to the best interest of the County.

14. SAMPLES

Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Bidder at the Bidder’s expense. Samples of selected items may be retained for comparison purposes.

15. NEW

All items bid must be new. Used, rebuilt and refurbished items will not be considered unless specifically authorized by Fulton County in the written specifications.

16. BRAND NAME SPECIFICATIONS AND APPROVED EQUIVALENTS

Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. The Bidder may offer any equivalent product which meets or exceeds the specifications. If bids are based on equivalent products, the bid must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; c) Include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects. If Bidder fails to name a substitute, goods identical to the published standard must be furnished.

17. INSURANCE AND RISK MANAGEMENT PROVISIONS

The successful Bidder(s) shall, during all terms of the Contract maintain in full force and effect

(i) commercial general liability insurance in the amounts of $1,000,000.00 (each occurrence), with a $2,000,000.00 (general aggregate), (ii) automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $500,000 with respect to any owned, hired and/or non-owned vehicles utilized in the performance of its’ services. At the time of award, a copy of the successful Bidder’s Certificate of Insurance must be provided.

18. INDEMNIFICATION

Bidder hereby agrees to release, indemnify, defend and hold harmless the County, its Commissioners, officers, employees, subcontractors, successors, assigns and agents from and against any and all losses (including death), claims, damages, liabilities, costs and expenses (including but not limited to all actions, proceedings, or investigations in respect thereof and any outcome of any such action, proceeding, or investigation), caused by, relating to, based upon or arising out of any act or omission by contractor, it’s directors, officers, employees, subcontractors, successors, assigns or agents, or otherwise in connection with its acceptance, of the performance, or nonperformance, of its obligations under this agreements.

Bidder’s obligation to protect, defend, indemnity and hold harmless, as set forth hereinabove, shall also include, but is not limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition disparagement of product or service, or other tort or any type whatsoever, or any actual or alleged violation of trade regulations.

Bidder further agrees to protect, defend, indemnify and hold harmless Fulton County, its Commissioners, officers, employees, subcontractors, successors, assigns and agents from and against any and all claims or liability for compensation under the Worker’s Compensation Act, Disability Benefits Act, or any other employee benefits act arising out of injuries sustained by any employees of Bidder. These indemnities shall not be limited by reason of the listing of any insurance coverage.

19. TAXES

Fulton County is exempt from the State of Georgia sales tax and exemption certificate will be furnished upon request.

20. DELIVERY

All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

21. PLACEMENT OF ORDERS

Orders will be placed using one of the following methods:

a) A Purchase Order (PO) will be issued as required for departments having a known requirement, fixed quantities, and one-time delivery, during the entire life of the contract.

b) A Delivery Order (DO) will be issued as required for departments having a known requirement, fixed quantities, and one-time delivery, during the entire life of the contract.

22. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT

If any item furnished by the Bidder fails to conform to specifications, or to the sample submitted by the Bidder, the County may reject it. Upon rejection, the Bidder must promptly reclaim and remove such item without expense to the County and shall immediately replace all such rejected items with others conforming to such specification and samples. If the Bidder fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the Bidder the difference between the prices named in the purchase order and the actual cost to the County. If the Bidder fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the Bidder the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the purchase order.

23. INVOICES AND PAYMENT TERMS

The awarded Vendor must be registered as a Vendor in the Vendor Self Service System at https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService in order for the Department of Purchasing & Contract Compliance to issue a purchase order or master agreement and for the Vendor to receive payment.

All invoices must include the purchase order number or master agreement number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payment within not less than twenty (20) days. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County.

Submittal of Invoices: Invoices shall be submitted as follows:

Via Mail:

Fulton County Government 141 Pryor Street, SW Suite 7001 Atlanta, Georgia 30303 Attn: Finance Department – Accounts Payable

OR

Via Email:

Email: Accounts.Payable@fultoncountyga.gov

At minimum, original invoices must reference all of the following information:

1) Vendor Information

a. Vendor Name

b. Vendor Address https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService mailto:Accounts.Payable@fultoncountyga.gov

c. Vendor Code

d. Vendor Contact Information

e. Remittance Address

2) Invoice Details

a. Invoice Date

b. Invoice Number (uniquely numbered, no duplicates)

c. Purchase Order Reference Number

d. Date(s) of Services Performed

e. Itemization of Services Provided/Commodity Units

3) Fulton County Department Information (needed for invoice approval)

a. Department Name

b. Department Representative Name

24. LEGAL REQUIREMENTS

Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of quote and disputes about quotes. Lack of knowledge by any Bidder about applicable law is not a defense.

25. ASSIGNMENT

Any purchase order awarded shall not be assignable by the Bidder without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

26. REJECTION OF BID

Bids may be considered irregular and may be rejected if they show omissions, alternations of form, additions not called for, conditions, limitations, unauthorized alternate bids or other irregularities of any kind. The County reserves the right to waive minor technicalities or irregularities of bid.

27. TERMINATION

In the event any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the purchase order. Such notice will state the reason(s) for such intention, and unless within ten (10) days after serving notice upon the contractor, such violation has ceased and satisfactory arrangements for correction made, the purchase order shall, upon expiration of ten (10) days, be terminated. Further, the County reserves the right to terminate for its convenience any purchase order in whole or in part upon giving thirty (30) days prior written notice to the other party.

28. DEBARMENT

If a Bidder is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency which prohibits your firm from participating in any procurement, the Bidder must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

29. RIGHT TO PROTEST

Any actual bidder or offeror that has submitted a bid/proposal for a particular procurement and is aggrieved in connection with the solicitation or award of the contract shall protest in writing to the purchasing agent after the date that the specific bid or proposal is submitted. No protest will be accepted or considered prior to the date the specific bid or proposal is submitted; it will be considered untimely. All protests shall set forth in full detail the factual and legal basis for the protest and specific relief sought by the protestor. Protests arising from factual or legal basis that the protestor knew or should have known prior to the submission of the bid/proposal must be submitted within three business days of the submission of the bid/proposal. Protests arising from factual or legal basis that the protestor knew or should have known subsequent to the date the bid/proposal was submitted must be submitted within ten business days after the protestor knew or should have known of such basis, but in no event shall any protest be submitted more than ten business days after the award of the contract. Untimely protests will not be considered by the purchasing agent and will be simply denied as untimely. Decisions on timeliness by the purchasing agent are not appealable. An oral protest or a protest to an official, employee, User Department, or other person apart from the Director of Purchasing & Contract Compliance does not comply.

30. BINDING AUTHORITY

The individual submitting this bid must have binding authority to submit contracts on behalf of the responding company. By submitting a response, Bidder agrees that their bid is an offer to sell. All bidders shall comply with all Fulton County purchasing laws, policies, and procedures, as well as relevant state and federal laws, including compliance with EEOC hiring guidelines and requirements under the Americans with Disabilities Act.

31. INTERGOVERNMENTAL COOPERATIVE PROCUREMENT STATEMENT

The County through the Department of Purchasing & Contract Compliance grants to any public serving governmental agency, authorization to purchase equivalent services or products described herein/with this solicitation at the same submitted unit bid price, terms and conditions, but only with the consent of the Contractor/Consultant/ Service Provider. Public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s)/Consultant(s)/Service Provider(s) under the terms and conditions of the resultant contract. Any purchases shall be between the Contractor/Consultant/Service Provider and the participating public agency and shall not impact the Contractor’s/Consultant’s/Service Provider’s obligation to the County. Any estimated purchase volumes listed herein do not include other public agencies and the County makes no guarantee as to their participation.

BID FORM INSTRUCTIONS

Submitted To: Fulton County Government

For: 24ITBC1288213B-PS, Library - Non Book Materials (Shelf-Ready DVD, CD, Spoken Word, Poetry, Adult, Teens and Children)

Submitted By: _______________________________________

Bid Due Date:_____________________, 2024

Instructions: This Bid Form must be submitted in its entirety as an attachment with the Bid response submitted electronically using the County’s on-line Vendor Self Service System.

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a Bid; and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that it examined the scope of work and is informed fully in regard to all conditions pertaining to the work to be provided and has examined the contractual documents relative thereto and has read all instructions to Bidders and General Conditions furnished prior to the openings of bids; and is satisfied relative to the work to be performed.

The Bidder proposes and agrees, if this Bid is accepted, to contract with the Board of Commissioners of Fulton County, Atlanta, Georgia, in the form of contact specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary in the itemized cost and to complete the work in full and complete accordance with the scope of work shown, noted, and reasonably intended requirements of the scope of work to the full and entire satisfaction of the Board of Commissioners of Fulton County, Atlanta, Georgia, with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents for the following prices.

THE TOTAL COST IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY

EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER.

TOTAL COST AMOUNT (Total amount for all items)

(Dollar Amount in Numbers)

(Dollar Amount in Words)

The Bidder agrees hereby to commence work under this Contract, with adequate personnel and equipment, on a date to be specified in a written “Notice to Proceed” from the County.

The Bidder declares that he understands that the quantities shown for the unit prices items are the estimated annual use and are subject to either increase or decrease, and that should the quantities of any of the items of work be increased, the Bidder proposes to provide the item(s) at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that the item(s) will be provided at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon order, at which time adjustments will be made to the contract amount by direct increase or decrease.

Unit Pricing (The County shall award to the lowest responsive and responsible bidder(s) per line item complying with the provisions of this ITBC)

ITEM

NO.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT

PRICE ($)

TOTAL

COST ($)

1. Adult Feature Film DVD 2000 $ $

2. Adult TV Series DVD 1000 $ $

3. Adult Spoken Word 6000 $ $

4. YA Spoken Word 100 $ $

5. Juvenile Feature Film DVD 2000 $ $

6. Juvenile TV Series DVD 1000 $ $

7. Juvenile Spoken Word

500 $ $

TOTAL COST (lines 1-7)

The undersigned acknowledges receipt of the following addenda (list by the number and date appearing on each addendum) and thereby affirms that its Bid considers and incorporates any modifications to the originally issued Bidding Documents included therein:

ADDENDUM # __________________________ DATED _____________

ADDENDUM # __________________________ DATED _____________

SUBMITTED BY:

BIDDER NAME:

ADDRESS: ____________

CITY/STATE/ZIPCODE: ___________________________________________________

CONTACT NAME: _______________________________________________________

EMAIL ADDRESS:

BUSINESS PHONE: ______________________________________________________

Indicate whether your firm is certified by any governmental agency (i.e. City of Atlanta, MARTA, etc.,) or professional organization (i.e. GSMDC, WBENC, SBA, etc.,) as:

Minority Business Enterprise (MBE)

Female Business Enterprise (FBE)

Small Business Enterprise (SBE)

Disadvantaged Business Enterprise (DBE)

Small Disabled Veteran Business Enterprise (SDVBE)

BUSINESS TYPE: Corporation ____Partnership ____ Sole Proprietor ____ Other ____

Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached.

The full name and addresses of persons or parties interested in the foregoing Bid, as principals, are as follows:

Name Address

BIDDER REFERENCE FORM

Bidders are required to demonstrate their experience to perform the scope of work described in this solicitation. List a minimum of three (3) references of current and previous contract(s) that will demonstrate the Bidder’s experience. Experience must be in contracts that are similar to the proposed scope of work described herein. References will be contacted to confirm the bidder’s abilities and qualifications as stated in the bidder’s response.

Reference 1:

Organization/Company Name

Project Description

Contract Period

Contact Name

Contact Email Address

Reference 2:

Reference 3:

SECTION 4

SCOPE OF WORK AND TECHNICAL SPECIFICATIONS

We seek a vendor with an inventory of DVDs and Spoken Word Audiobooks (SWA) for adults, juveniles, and young adults. The inventory must include sufficient in-stock quantities of both older titles and new releases. The vendor must have a website through which the library can select and order books, including pre-publication titles. The vendor must be able to catalog and process books according to library specifications. Ninety-nine percent (99%) of all materials shipped shall be the correct title, edition and number of copies. No substitutions shall be made without prior written authorization from the library. Vendor shall supply the latest edition of a title unless an earlier edition is specified. Binding shall be of the quality commercially sold by the publisher for specific use by public libraries. The library expects a fill-rate that meets or exceeds 90% of all items ordered. Respondent must provide an online electronic ordering system that interfaces with Symphony Acquisitions System at no charge to the Library. Also, provide electronic invoicing via SirsiDynix modules and invoices which include for each title the number of copies, title, author, publisher, unit list price, rate of discount, net unit price and extended net amount, cataloging and processing charge, if any.The Library must receive the copies in shelf-ready condition – cataloged and processed according to Library specifications. Permanent copies of DVDs and SWAs are purchased in all subject areas and age levels. The library purchases DVDs of movies, tv shows, and documentaries for adults, children, and teens. That includes movies released in theater and straight-to-video and straight-to-streaming releases; current and past seasons of tv shows that air on streaming platforms, cable, and network tv; and documentaries. The library purchases SWAs of popular fiction and non-fiction titles for adults, children, and teens.

The contracted vendor will schedule monthly phone calls between key Library Collection Development staff and vendor representatives to go over questions, modifications in technical specifications, changes in procedures, and product enhancements.

a. The Library has a Central Library, 32 branches and two bookmobiles.

b. Ordering and Selecting non-books will be as follows:

• The Library must be able to use the Respondent’s website to select non-books.

• The Respondent’s website must feature a database of non-books that is searchable by author, title, subject, format, date of publication, publisher, ISBN, price, print run etc or any combination of those search terms. The entry in the database for each title should include access to reviews of the titles, basic bibliographic information, and relevant information like the size of the book’s print run, any special media tie-ins etc.

• The website must provide access to selection tools, such as lists of forthcoming high demand pre-publication titles, lists of award winners, etc.

• The website must show the real-time inventory of these non-books – the number on order or in stock. In-stock inventory must include sufficient quantities to supply even multiple copies of each title. The inventory must cover product from the entire spectrum of publishers and distributors, including major and independent studios and major publishers of SWAs.

• The website must also provide a duplicate check function and the ability to download orders to a spreadsheet as well as print them.

• The Respondent must be able to provide on a regular basis selection lists or carts that are customized to the library’s specifications or profile. Titles that appear on one selection list may not appear on any other selection list over the course of the year. The lists must be age-specific, with no overlap between juvenile and teen/young adult. FCLS defines Juvenile as pre-school through age 12 and Young Adult as ages 13-19.

• The Respondent must be able to create multiple log-ons and passwords for up to 125 selectors, as well as for the account administrator. All orders from selectors will be sent to the Respondent from the account administrator.

• Carts and lists must support centralized selection, i.e. permitting orders for multiple agencies for each title simultaneously, as well as permitting selectors to indicate whether this is to be processed as adult, juvenile, or YA.

• The library must be able to place orders in Symphony through EDI, which generates a Purchase Order number and transmits the order to the Respondent.

• The library requires a separate account that’s different from permanent collection books.

• The library currently uses the following accounts for ordering non-books:

Processed (separate accounts for adult, juvenile & YA processed) Product only (separate accounts for adult, juvenile & YA product only) Various others, reflecting different library fund accounts for special projects. The Respondent must be able to create separate fund accounts for these and all of the above.

• The Respondent must provide weekly reports showing, by branch, items ordered, shipped, back ordered and not yet published. There must be a separate weekly list of cancellations and reason for cancellation, by branch.

• The Respondent must provide a project manager who will work closely with FCLS Collection Management staff. A resume of the project manager should be included in the Respondent’s proposal. The project manager must:

Have the authority to implement any changes to cataloging or processing specifications as requested by the library Respond to calls and emails within 24 hours Arrange regular conference calls or meetings to take feedback from Collection Management staff

c. Materials will be shipped as follows:

• All DVDs and SWAs will be shipped to the Central Library in shelf-ready condition.

• All deliveries must be made during library business hours.

• Rush shipments must be shipped by UPS or other delivery service to meet the required turnaround time. Delivery of rush shipments must also be during the hours described above.

• All shipments will include a packing slip listing author, title, number of copies and ISBN of each title included, as well as “ship to” and “bill to” addresses, and the invoice and the purchase order numbers. The packing slip must also show the discount for each title. Any box in a shipment containing a packing slip must be clearly marked, “Packing Slip Included”.

• The Library will return all damaged DVDs and SWAs to the Respondent. The Respondent must replace the item free of charge or issue credits that can be used for future selections. The Respondent must arrange prepaid shipping for return of any damaged books.

d. Invoices will be remitted in compliance with the following:

• Invoices for non-boos will be emailed on a weekly basis to collection.development@fultoncountyga.gov, in an Excel spreadsheet.

• The Excel spreadsheet will include a Summary Worksheet of totals for quantities received, with processing costs listed separately.

mailto:collection.development@fultoncountyga.gov

• The Excel spreadsheet will include a Detailed Worksheet by locations listing individual purchase orders by quantities received, with processing cost listed separately.

• Invoices shall be on company letterhead with company name and address and include the following:

1. The “Ship To” name and address

2. The “Bill To” name and address

3. The “Remit To” address for payment

4. The purchase order number

5. Reference to packing slip/shipment number the invoice number and date

6. Author/title, ISBN, binding, list cost of book, number of copies

7. Total list cost for all copies

8. Discount (percentage)

9. Total net cost for all copies

10. Shelf-ready cost on invoice where it pertains

11. Separate line items for each handling charge that pertains (e.g. Rush)

Processing and Cataloging – Shelf Ready Non-Books

FCLS reserves the right to make amendments to any part of the specifications listed in this bid, as the need arises, based on changes in technology, software, MARC format, AACR2, OCLC, Dewey Decimal Classifications, ILS, or the method by which FCLS catalogs/processes materials.

The Respondent will be notified in writing via email of these changes and must agree to adjust their specs accordingly, within five (5) business days. Once the changes have been made, the Respondent must send the updated copy, via email, to the FCLS project administrator (to be identified) for a signature as confirmation that the requested amendments were made and that they will be implemented upon receipt of said signature.

Respondent must be able to provide MARC catalog records with appended holdings fields that can be loaded, indexed and retrieved by FCLSILS, which is currently SIRSI Symphony, 3.5.3.1.

Respondent must have exported and loaded bibliographic records, with appended 949 holdings creation fields, to be considered for selection.

The Respondent must be able to deliver non-books fully cataloged and processed according to the following specifications.

1. Respondent must provide the processing supplies needed for the shelf-ready services being provided, including the following:

a. Labels (spine, property, warning and disc)

b. RFID tags: The Library’s new branches will use RFID technology. Therefore the vendor for this book contract must plan to give each book both a bar-code (described below) and an RFID tag. RFID tags shall be:

• 2”x 2” or 1.9”x 3.2” based upon process material.

• 1024 bit memory

• Compatible with an air interface device based on ISO/IEC 18000 standards.

• Shall be compatible with a 13.56 MHz system.

• Tag shall be capable of ISO/IEC 15963 data protocol.

c. OCR/Barcode Labels – Barcode labels must conform to existing FCLS standards for size, readability and composition:

• Custom photo composed OCR/barcode labels.

• Size: Minimum of ¾ inch high by 2 inch wide

• Minimum of 1/8 inch between barcode and OCR

• FCLS name printed on top center of label: Fulton County Library System

• Adhesive: 2 mil permanent adhesive

• Laminate: 1 mil matte polyester

• OCR number height: 1/8 inch

• OCR Symbology: OCR/A; check digit: modulus 10 (CK05)

• Barcode symbology: Code 39

• Density; standard

• Number of digits: One character “R” followed by ten random digits (0-9) with one space between 5th and 6th digits.

• Starting and ending numbers: (Will be provided by AFPLS).

• Barcode/OCR labels must interface successfully with the SIRSI ILS

• OCRs must be readable by Opto-Wand dual port OCR wand, model 1001.

• Barcodes must be readable by Intermec 9510 scanner & Intermec 9430 Trakker handheld scanner

NOTE: Vendor must send approval sample sheet to FCLS project administrator for testing and approval of the OCR labels before production.

2. Respondent will be required to provide these shelf ready services:

a. Labels (spine, disc, ownership and waning)

b. OCR/Barcode Labels

c. RFID Tags

d. CD Containers (Single and Multiple)

e. DVD Containers (Single and Multiple)

f. Alpha S3 Bottom Load DVD Security Case

3. Vendors must catalog non-book materials to FCLS specifications, including:

a. Checking the FCLS ILS to determine if an item record already exists

b. Providing added copy record if an item record already exists or creating a new record in compliance with FCLS cataloging practices. Original cataloging is estimated to be needed for fewer than 5% of items ordered.

c. Cataloging to AACR2, RDA and current edition of Dewey Decimal Classification

d. Conforming to OCLC MARC bibliographic record requirements

e. Cataloging on OCLC through OCLC bibliographic utility

f. Conforming with FCLS cataloging practices

g. Updating FCLS holdings in OCLC as needed

h. Providing data in electronic format to the FCLS ILS, currently SIRSI I. Symphony 3.5.1.1.

4. Respondent must provide new catalog records, either through the editing of existing records in Respondent’s bibliographic database or through the creation of original catalog records:

a. New catalog records must conform to AACR, 2nd edition, 2002 revision and USMARC standards, RDA and must reflect any formally adopted changes to these standards throughout the life of the contract.

b. All name and subject headings must reflect the latest version appearing in the online Library of Congress name and subject authority files, and supplemented by the latest paper or online edition.

c. Call numbers must be assigned in the 099 MARC field, according to the Dewey Decimal

Classification Scheme, 23rd edition (and any subsequent published updates)

d. Respondent must subscribe, or have access through a bibliographic utility, to LC MARC catalog records.

e. Fixed Fields must be established and edited according to the most current edition of the

OCLC Bibliographic Formats and Standards documents.

f. Respondents will use the following fields:

i. 010

ii. 020

iii. 022

iv. 028

v. 035 – Local System # (OCoLC)

vi. 049 – Use GAPA. Respondent must add this field to all formats of new materials cataloged for FCLS

vii. 099 – Call number. For LC MARC records change the 082 field to…