26-0224 Full Cabin Marine Vessel Complete-REVISED FINAL.pdf

NEW HANOVER COUNTY SHERIFF’S OFFICE

REQUEST FOR BIDS

PURCHASE OF 31’ FULL CABIN VESSEL

RFB # 26-0224

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

DAN SCALISE

STEPHANIE WALKER

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

Section 1 – Advertisement

NEW HANOVER COUNTY SHERIFF’S OFFICE

REQUST FOR BIDS

PURCHASE OF 31’ FULL CABIN VESSEL

RFB # 26-0224

Pursuant to NCGS 143-129, sealed bids addressed to Lena Butler, Purchasing

Supervisor, 230 Government Center Drive, Wilmington, NC 28401 and marked “RFB

# 26-0224 FULL CABIN VESSEL” will be accepted until 11:00 A.M. EST, Thursday, November 20, 2025.

Bids will be opened publicly in the Government Center Multipurpose Conference Room

137 located at 230 Government Center Drive, Wilmington, NC 28403.

Instructions for submitting bids and complete requirements and information may be obtained by visiting the County’s website at https://www.nhcgov.com/bids.aspx.

New Hanover County reserves the right to accept or reject any or all Bids and to make the Award which will be in the best interest of the County.

Released: Monday, November 3, 2025 https://www.nhcgov.com/bids.aspx

Section 2 – Instructions and General Conditions

2.1 Schedule

Date Action

Monday, November 3, 2025 RFB Released

Wednesday, November 12, 2025 @ 5:00 PM EST

Deadline for Questions

Friday, November 14, 2025

Response to Questions Posted on Website

Thursday, November 20, 2025 @ 11:00 AM EST Deadline for Receipt of Bids

TBD Award by Board of Commissioners

2.2– Preparation of Bid

2.2.1 Bidders are instructed to submit their bid in a sealed envelope and clearly marked “RFB # 26-224- FULL CABIN VESSEL.”

2.2.2 The bid shall be submitted by 11:00 AM Thursday, November 20, 2025, and addressed to:

New Hanover County

Attn: Lena Butler, Purchasing Supervisor

230 Government Center Drive

Wilmington, NC 28403

2.2.3 Bidders shall respond to this RFB with a written bid in the format outlined below. Bids shall include the following sections, each under separate tabs and in the order below:

2.2.3.1 Cover Letter

2.2.3.2 Bidder’s Experience

2.2.3.3 Technical Specifications

2.2.3.4 Schedule

2.2.3.5 Post-Warranty Maintenance and Support

2.2.3.6 Specification Compliance Checklist

2.2.3.7 Pricing Sheet

2.2.3.8 Certificate of Insurance

2.2.3.9 Sample Agreement

Cover Letter:

Introduction to include understanding of requested equipment and contact information for the project.

Bidder’s Experience:

The Bidder shall demonstrate its previous technical experience and competence of the Bidder for both the company and key personnel assigned to this project. The

Bidder shall demonstrate five (5) successful completions in the design and manufacturing of similar projects, preferably performance boats.

Include past project name, address, date of completion, completed cost, key staff, and a narrative highlighting the similarities of past projects to the proposed project.

Key staff and reference projects should be interrelated.

The Bidder shall provide a project organization chart and submit a list of key project staff, including field and office staff to be assigned to this project, if awarded. Key staff and relevant project experience should be interrelated. Bidder shall include a description of the responsibilities of the key staff throughout the project. The Bidder shall provide percentage of projects completed on approved timeframe.

The Bidder shall list any/all subcontractors and consultants that will be associated with this scope of work.

Technical Specifications:

The Bidder shall describe all design, manufacturing, delivery, training, and warranty in full compliance with the design features, design quality, project description, scope of services, and the terms and conditions of this RFB and to include engineered drawings for review.

Please read specification thoroughly to ensure the Vessel offered complies with all requirements. Variations from the specifications are to be indicated on the Specification Compliance Checklist that must be submitted with your bid.

If no exceptions are noted, and you are the successful manufacturer, it will be required that the Vessel be provided as specified. The successful Bidder shall demonstrate in their submission that the Vessel they are offering is equal to or better than the specifications provided herein.

Bidder guarantees that the product offered shall meet or exceed minimum specifications identified in this request for bids. Any brand names mentioned in the specifications below are provided as an illustration of the quality and type of item.

It is not to restrict the Bidder to utilization of the brand mentioned; an item of equal, or better, quality/type can be substituted for any specification listed below.

Schedule:

The Bidder’s plan to complete the design, secure the County’s necessary approvals, and execute the project to completion on or before the required completion date. Provide specifics regarding manufacturing, testing, delivery, and training.

Post Warranty Maintenance and Support

Bidders shall describe the frequency and scope of maintenance work to be provided under a full maintenance plan. Bidders shall state services, obligations, conditions, and terms for agreement period of five (5) years and for future renewal options.

The Bidder shall provide a sample of the warranty form as well as warranty procedures and guaranteed response times. Bidders shall include a sample of the maintenance and service agreement to be executed.

Specification Compliance Checklist

All bidders are to note “YES” or “NO” to compliance with the specifications.

Exceptions are to be noted in the appropriate column.

Pricing Sheet

Bidder shall include an itemized pricing to include design, manufacturing, delivery, training, and warranty. Bidder should include optional pricing to cover the cost for travel expenses, lodging and meals for up to four (4) County representatives to be present during sea trials. Bidder may submit with their bid a proposed payment schedule tied to successful completion of tasks or milestones.

Certificate of Insurance

Sample certificate showing proof of the limits detailed in the RFB.

Sample Agreement

Attach a copy of your company’s sales agreement.

2.3 - The public bid opening will be held at 11:00 AM EST, Thursday, November 20, 2025, in the Government Center Multipurpose Conference Room 137 located at 230

Government Center Drive, Wilmington, NC 28403.

2.4 – Late Bid

No telephone, electronic or facsimile bids will be accepted. It is the responsibility of the Bidder to ensure that their bid is delivered prior to the date and time of closing.

Bids received after the date and time for closing will not be accepted

2.5 - Questions

Questions concerning this solicitation should be directed to the Lena Butler, Purchasing Supervisor at lbutler@nhcgov.com. Questions will be received until

Wednesday, November 12, 2025, at 5:00 PM EST.

2.6– Communication

Bidders may not have communications, verbal or otherwise, concerning this RFB with any personnel or boards from New Hanover County, other than the person listed in this section, which is Lena Butler, Purchasing Supervisor. If any vendor attempts any unauthorized communication, the bid may be rejected.

2.7– Intent to Submit

All Bidders who intend to submit a bid on this project should send an email to lbutler@nhcgov.com including pertinent contact information. This will ensure that you receive all addendums issued for this RFB; if applicable.

2.8- Cost of Preparation of Response

Costs incurred by prospective Bidders in the preparation of the response to this

Request for Qualifications are the responsibility of the Bidder and will not be reimbursed by The County.

2.9- Ownership of Documents

All bids and accompanying documentation will become the property of New Hanover

County at the time the bids are opened and as such will not be returned to the

Bidder.

2.10- Trade Secret Confidentiality

Upon receipt of your bid by New Hanover County, your bid is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2.

mailto:lbutler@nhcgov.com mailto:lbutler@nhcgov.com

After opening, your bid will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

To properly designate material as trade secret under these circumstances, each Bidder must take the following precautions: (a) any trade secrets submitted by a bidder must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and

Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating This

BID," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope.

For electronic submissions, a separate file must be submitted clearly stating

“CONFIDENTIAL” in the name of the file.

Do not attempt to designate your entire bid as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your bid being disqualified.

In submitting a bid, each applicant agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the

County in the selection process. Furthermore, each applicant agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material which the Applicant has designated as a trade secret.

2.11- Withdrawal of Bids

Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. NO bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days.

2.12- Equal Opportunity

The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

The Bidder agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant is qualified. The Bidder agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices.

Pursuant to GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit bids in response to this RFB.

2.13- Indemnity

The successful Bidder shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful

Bidder hereunder, resulting from the negligence of or the willful act or omission of the

Bidder, his agents, employees and subcontractors.

2.14- Insurance Requirements

Before commencing any work or services, Bidder shall procure insurance in Bidder’s name and maintain all insurance policies for the duration of the Contract of the types and in the amounts listed in this Contract. The insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by Bidder, its agents, representatives, employees, or subcontractors, whether such operations by itself or anyone directly or indirectly employed by it.

Commercial General Liability

Bidder shall maintain Commercial General Liability (CGL) and if necessary, Commercial

Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit.

CGL insurance shall be written on Insurance Services Office (ISO) “occurrence” form CG

00 01 covering CGL or its equivalent and shall cover the liability arising from premises, operations, independent Bidders, products-completed operations, personal and advertising injury, and liability assumed under an insured contract, including the tort liability of another assumed in a business contract.

County, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 26 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of Bidder; products and completed operations of

Bidder; premises owned, leased or used by Bidder; and under the CUL, if any. The coverage shall contain no special limitations on the scope of protection afforded to

County, its officers, officials, agents, and employees.

Bidder’s CGL insurance shall be primary as respects County, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by County, its officers, officials, agents, and employees shall be in excess of and shall not contribute to

Bidder’s insurance.

Workers’ Compensation and Employer’s Liability

Bidder shall maintain Workers’ Compensation as required by the general statutes of the

State of North Carolina and Employer’s Liability Insurance.

Employer’s Liability, and if necessary, CUL insurance shall not be less than $1,000,000 for each accident for bodily injury by accident, $1,000,000 for each employee for bodily injury by disease, and $1,000,000 policy limit.

The insurer shall agree to waive all rights of subrogation against County, its officers, officials, agents, and employees for losses arising from work or services performed by

Bidder for County.

Business Auto Liability

Bidder shall maintain applicable Business or Personal Auto Liability and, if necessary, CUL insurance with a limit of not less than $1,000,000 each accident. Personal auto insurance may be accepted in lieu of Business Auto Insurance.

Such insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos used in the performance of work or services.

Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide Contractual liability coverage equivalent to that provided in ISO form CA 00 01.

Bidder’s Business Auto Liability insurance shall be primary as respects County, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by County, its officers, officials, agents, and employees shall be in excess of and shall not contribute to Bidder’s insurance.

Surety Bond - Performance & Payment Bonds

Bidder shall furnish and deliver to County a Payment Bond and a Performance Bond covering the faithful performance and completion of work included in this Contract and payment for all materials and labor furnished or supplied in connection with work included in this Contract. All bonds shall be issued and furnished to County prior to, and as a condition precedent to, commencement of the Work of this Contract. The Payment

Bond and Performance Bond shall be furnished on behalf of Bidder, shall name County obligee, and shall be one hundred percent (100%) of the amount of the guaranteed repair and maintenance costs. Such bond(s) shall be solely for the protection of County.

The Payment Bond and the Performance Bond shall be issued by a surety of financial standing having a rating from A.M. Best Company equal to or better than A and must be included on the approved list of sureties issued by the United States Department of

Treasury. The bond shall remain in effect at least one (1) year after the date when final payment is made. The surety bond must be in the form set forth in N.C.G.S. 44A-33, without any variations therefrom. Bidder shall provide surety bond wherein Surety waives notice of all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract and agrees that the obligations undertaken by the Bond shall not be impaired in any manner due to any modifications, omissions, additions, changes, and advance payments or deferred payments. The surety bond must set forth no requirement that suit be initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by

County. At the option of County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects County, its officers, officials, agents, or employees; Bidder shall procure a bond guaranteeing payment of deductibles or self-insured retentions.

Bidder shall be solely responsible for the payment of all deductibles to which all policies are subject, regardless of whether County is an insured under the policy.

Miscellaneous Insurance Provisions

Any failure to comply with reporting provisions of the policies listed in this Contract shall not affect coverage provided to County, its officers, officials, agents, and employees.

Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days prior written notice has been given to County, 230 Government Center Drive, Ste. #125, Wilmington, NC 28403.

If Bidder’s liability policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

Acceptability of Insurers

Insurance is to be placed with insurers licensed to do business in the State of North

Carolina with an A.M. Best’s rating of no less than A VII unless County has granted a specific exemption.

Evidence of Insurance

Bidder shall furnish County with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements prior to commencing the work or services, and thereafter upon renewal or replacement of each certified coverage until all operations under this Contract are deemed complete.

Evidence of additional insured status shall be noted on the certificate of insurance as per requirements in this Contract.

With respect to insurance maintained after final payment in compliance with requirements, an additional certificate(s) evidencing such coverage shall be provided to

County with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the period for which such insurance must be maintained.

Subcontractors

Bidder shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. CGL coverage shall include independent Bidders’ coverage, and Bidder shall be responsible for assuring that all subcontractors are properly insured.

Conditions

County may, at its discretion and with approval of Risk Management and the Finance

Department, accept letters of credit or custodial accounts in lieu of specific insurance requirements.

Bidder shall warrant the insurance contributing to the satisfaction of insurance requirements in this Contract shall not be canceled, terminated, or modified by Bidder without prior written approval of County.

Bidder shall promptly notify New Hanover County Sheriff’s Office and New Hanover

County Risk Management at (910) 798-7497 of any accidents arising in the course of operations under the Contract causing bodily injury or property damage.

County reserves the right to obtain complete, certified copies of all required insurance policies.

Failure of County to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of County to identify a deficiency from evidence that is provided shall not be construed as a waiver of Bidder’s obligation to maintain such insurance.

County does not represent that coverage and limits will be adequate to protect Bidder and such coverage and limits shall not be deemed as a limitation of Bidder’s liability under the indemnities granted to County in this Contract.

If Bidder fails to maintain the insurance as set forth herein, County shall have the right to purchase said insurance at Bidder’s expense. Bidder agrees to reimburse County for all expenses incurred for such purchase.

Bidder or its agent may apply to County for approval of higher deductibles based on financial capacity and quality of the carrier affording coverage.

County shall have the right to prohibit Bidder or any subcontractor from performing work or services and may withhold payment until required certificates has been received and approved by County

2.15 – E-Verify

Pursuant to Session Law 2013-418, Bidder shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. County requires an affidavit attesting to Bidder’s compliance.

Violation of the provision, unless timely cured, shall constitute a breach of contract.

2.16 - Addendum

The RFB package constitutes the entire set of instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be sent to all known Bidders who notified the Purchasing Supervisor of their intent to submit a bid and posted on the County’s website.

You may visit our website at https://www.nhcgov.com/bids.aspx to check for the issuance of any addenda before submitting your bid.

2.17 - Compliance with Bid Requirements

Failure to comply with these provisions or any other provisions of the General

Statutes of North Carolina will result in rejection of bid.

2.18 – Federal Uniform Guidance

If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II

(as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40

U.S.C. 3141- 3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract

Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act

(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31

U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record

Retention Requirements (2CFR § 200.324). (SEE SECTION 3 FOR COMPLETE

DETAILS)

2.19 – Certificate of Authority

Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15-01(a) (business corporations); G.S. 55A-15-https://www.nhcgov.com/bids.aspx https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F55_Article-5F15.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=0L6aEJHvt1Mmr8yTlz-TxDjRZja01_KHZmlT9pmmLws&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e

01(a) (nonprofit corporations); G.S. 57D-7-01(a) (limited liability companies); G.S. 59-

902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships);

G.S. 55B-16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.20- Right to Reject Bids

New Hanover County reserves the right to accept or reject any or all Bids and to make the award which will be most advantageous to the County.

2.21 – Iran Divestment Certification

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of

North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the Proposer made its bid)

• When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that Bidders with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

2.22 – Authorized Signature

The successful Proposer will be required to enter into a formal agreement that is consistent with the proposal requirements outlined within the RFP. Signature Forms must be signed by an authorized individual. Forms that are not signed may cause the submittal to be rejected.

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F57D_Article-5F7.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=Ij7DMyPb9V1kpcHf2UNSKBvk3wJRxHciohPTDZ-9cwM&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D91.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yKgp8Iy2gmgOepqKqQzA_pIpSEqH_YBEhdjv11N6f_c&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e

Section 3 – Federal Uniform Guidelines Provisions

All recipients of federally funded grants or use federal assistance to support procurements must comply with the applicable provisions of the Federal procurement standards 2 CFR PART 200. As result, firms awarded federally funded contracts by New Hanover County, in addition to contract clauses required by

North Carolina law and other applicable federal regulations specific to a federal award, must comply with the following contract provisions set forth herein, unless a particular award term or condition specifically indicates otherwise. These terms and conditions are hereby incorporated into any resulting contract.

1. Access to Records and Record Retainage. In general, all official project records and documents must be maintained during the operation of this project and for a period of five years following close out. New Hanover

County, the comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Administering Agency which are pertinent to the execution of the Agreement for the purpose of making audits, examinations, excerpts and transcriptions.

2. Age Discrimination Act of 1975. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance.

3. Americans with Disabilities Act of 1990. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. §§ 12101– 12213).

4. Byrd Anti-Lobbying Amendment. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the Byrd Anti-Lobbying

Amendment, 31 U.S.C. § 1352 (as amended). Suppliers, Bidders, subcontractors, consultants, and sub-consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of

Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

5. Civil Rights Act of 1964 – Title VI. All suppliers, Bidders, subcontractors, consultants, and sub-consultants must comply with the requirements of

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

6. Civil Rights Act of 1968. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with Title VIII of the Civil

Rights Act of 1968, which prohibits discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part

100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features

(See 24 C.F.R. § 100.201).

7. Clean Air Act and Federal Water Pollution Control Act (Clean Water

Act). All suppliers, Bidders, subcontractors, consultants, and sub-consultants must comply with the Clean Air Act (42 U.S.C. 7401– 7671q.)

and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended—when contract amounts exceed $150,000 and agree to comply with all applicable standards, orders or regulations issued pursuant to the

Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution

Control Act as amended (33 U.S.C. 1251–1387).

8. Conflict of Interest Provisions Interest of Members, Officers, Employees of the Recipient Members of Local Governing Body or Other Public Officials.

No member, officer, or employee of the recipient or its agent, no member of the governing body of the locality in which the program is situated, no other public official of such locality who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter shall have any financial interest direct or indirect in any contract or subcontract or the proceeds under this agreement. Immediate family members of said member’s officers, employees and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate or cause to be incorporated in all such contracts a provision prohibiting such interest pursuant to the purpose of this section.

9. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).

[Where applicable] All contracts awarded by the County in excess of

$100,000 for contracts that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and

3704, as supplemented by Department of Labor regulations (29 CFR part

5). Under 40 U.S.C. 3702 of the Act, each Bidder must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

10. Copeland “Anti-Kickback” Act. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the with the Copeland

‘‘Anti- Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of

Labor regulations (29 CFR Part 3, ‘‘Bidders and Sub- Bidders on Public

Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each Bidder or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

11. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by

Federal program legislation, all prime construction contracts in excess of

$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally

Financed and Assisted Construction”). In accordance with the statute, Bidders must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Bidders must be required to pay wages not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by

Department of Labor regulations (29 CFR Part 3, “Bidders and

Subcontractors on Public Building or Public Work Financed in Whole or in

Part by Loans or Grants from the United States”). The Act provides that each

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

12. Debarment and Suspension. All suppliers, Bidders, subcontractors, consultants, and sub- consultants are subject to the non-procurement debarment and suspension regulations implementing Executive Orders

12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

13. Domestic Procurement Preference. As appropriate and to the extent consistent with law, New Hanover County’s Supplier should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement, and other manufactured products).” For purposes of this clause, (i)

“produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, and (ii)

“manufactured products” means items and construction materials composed in whole or in part of nonferrous materials such as aluminum;

plastics and polymer based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.

14. Drug-Free Workplace Regulations. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the Drug-Free

Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires agreement to maintain a drug- free workplace.

15. Education Amendments of 1972 (Equal Opportunity in Education Act) –

Title IX. All suppliers, Bidders, subcontractors, consultants, and sub-consultants must comply with the requirements of Title IX of the Education

Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

16. Energy Policy and Conservation Act. All Suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

17. Environmental reviews/assessments. When required by Federal program legislation, awarded Bidders must conduct and complete federally approved process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for most federally assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. Not every project is subject to a full environmental assessment (i.e., every project's environmental impact must be examined, but the extent of this examination varies), but every project must be in compliance with the National Environmental Policy Act (NEPA), and other related Federal and state environmental laws.

18. Equal Employment Opportunity. Except as otherwise provided under 41

CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with

Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive

Order 11375, “Amending Executive Order 11246 Relating to Equal

Employment Opportunity,” and implementing regulations at 41 CFR part

60, “Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor.”

19. Fly America Act of 1974. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with Preference for U.S.

Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air

Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the

United States in the March 31, 1981, amendment to Comptroller General

Decision B-138942.

20. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the

Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a, all suppliers, Bidders, subcontractors, consultants, and sub-consultants must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §

2225.

21. Limited English Proficiency (Civil Rights Act of 1964, Title VI). All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires taking reasonable steps to provide meaningful access to persons with limited

English proficiency (LEP) to their programs and services.

22.Patents and Intellectual Property Rights. Unless otherwise provided by law, suppliers, Bidders, subcontractors, consultants, and sub-consultants are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All suppliers, Bidders, and subcontractors, consultants, sub-consultants are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

23. Procurement of Recovered Materials. All suppliers, Bidders, and subcontractors, consultants, sub- consultants must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

24. Rehabilitation Act of 1973. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the requirements of Section 504of the

Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

25. Remedies. All contracts in excess of the small purchase threshold fixed at 41

U.S.C. 403(11) (currently $250,000) shall contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a Bidder violates or breaches the contract terms.

26. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the County in any resulting invention in accordance with 37 CFR part 401, "Rights to

Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

27. Telecommunications Huawei / ZTE Ban. 2 C.F.R. 200.216 prohibits non-federal entities receiving federal grant funds from entering into a contract (or extend or renew a contract) to procure or obtain equipment, services, or system that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system from the Chinese manufacturers Huawei and ZTE.

28. Termination. If Bidder fails to prosecute the work with such diligence as will ensure its completion within the Contract time, or if Bidder breaches any one of the terms and conditions contained in this Contract and fails to cure said breach within five (5) days of County mailing Notice of Default, County may terminate this Contract at the expiration of the fifth day after mailing such Notice of

Default. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work or services out of the hands of Bidder. County may enter into another Contract for the completion of the Contract or use such other methods as may be required for the completion of the Contract. County may deduct all costs of completing the

Contract from any monies due or which may become due to Bidder. In the event this Contract is terminated prior to completion of the services by the Bidder, the

Bidder shall be paid for work or services performed to the date of termination.

In no event will the amount due Bidder in the event of termination exceed that amount set forth in this Contract. Nothing contained herein shall prevent the

County from pursuing any other remedy, which it may have against Bidder, including claims for damages.

29. Termination for Convenience. County may terminate this Contract for convenience at any time and without cause. Upon receipt of notice, Bidder shall immediately discontinue providing the work or service and, if applicable, the placing any orders for any materials, facilities, and supplies in connection with the performance of the work or services of this Contract.

30. Terrorist Financing. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

31. Trafficking Victims Protection Act of 2000. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the requirements of the government-wide award term which implements Section

106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (22

U.S.C. § 7104). The award term is located at 2 CFR § 175.15, the full text of which is incorporated here by reference in the standard terms and conditions for federally funded procurements.

31. Universal Identifier and System of Award Management (SAM). All suppliers, Bidders, subcontractors, consultants, and sub- consultants are required to comply with the requirements set forth in the government-wide

Award Term regarding the System for Award Management and Universal

Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the standard terms and conditions for federally funded procurements.

32. USA Patriot Act of 2001. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with requirements of the Uniting and

Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§

175–175c.

33. Whistleblower Protection Act. All suppliers, Bidders, subcontractors, consultants, and sub- consultants must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

Section 4 – Full Cabin Specification

Boat - Specifications

It is the intent of this specification to cover the basic requirements of a well-designed boat. The unit described must be the latest model currently produced by well-established manufacturer. It must be capable of withstanding rugged waters. Appurtenances and/or accessories not herein mentioned, but necessary to furnish a complete and operational unit must be included and must conform to the best practice known to the industry in strength, quality, and design, and will be subject to these specifications in full. All equipment furnished must meet or exceed federal and state regulations, as well as industry standards. If provided specification is different than noted, you MUST identify the difference in your proposal.

Vessel and Motors

Aluminum, Mono Hull, Collared, Self-Bailing Cockpit, Full Cabin Vessel for Law Enforcement/Rescue use

Hull Length (Feet) - 31'

Beam with Collar (Feet) - 10'

Enclosed locking radio box

Deadrise at Transom - 22°

Deadrise at Entry - 48°

Fuel Capacity (Gal) - 185 Gallons- minimum

Twin 450 HP YAMAHA Outboards, Includes all Necessary…