3-06. Bid Packet (Instructions-PennBid).pdf

GENERAL INSTRUCTIONS TO ALL BIDDERS DEALING WITH DAUPHIN COUNTY

1. All bidders must be prepared to present suitable evidence of their financial standing and to furnish a list of similar work recently completed.

2. The specifications will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness, before the opening of bids. Written inquiries will not be accepted. All inquiries must be received via PennBid and will be answered in the form of addenda and issued to all bidders through PennBid. These addenda shall then be considered as a part of these specifications.

3. A Proposal Form-Signature Page is provided must be uploaded to PennBid as part of their bid submission.

4. Each bid must be submitted electronically via the PennBid Program.

5. Proposals may be revised or withdrawn at any time prior to the due date and time listed in the Invitation to Bid. The proposals will be opened electronically and displayed publicly on PennBid.

6. The Commissioners of Dauphin County reserve the right to reject any or all bids or parts thereof, as deemed to be in the best interest of the County.

7. The specifications are intended to cover furnishings of all materials and performance of all work that may be required for complete performance of the contract, and the bidder will be required to do all things that may be necessary to fully complete the work within the context of these specifications. Where plans accompany certain sections of the specifications, they shall be considered part of the specifications.

8. Should a bidder discover contradictions in the specifications, the matter shall be at once brought to the attention of the Commissioners of Dauphin County and the discrepancies corrected by written agreement before proceeding.

9. Equipment to be furnished shall be new, first class, and shall meet with the approval of the Commissioners, or their designated representatives, unless otherwise stated.

10. All equipment shall conform to the requirements of the specifications, and any equipment condemned by the Commissioners as not meeting these specifications shall at once be removed and replaced with acceptable equipment.

11. The commissioners of Dauphin County shall have the right, without invalidating the contract, to make additions to or deductions from the work covered by the specifications. These additions or deductions shall be in writing.

12. The contractor shall not transfer or sublet any portion of work covered by these specifications without written consent of the Commissioners.

13. Deliveries shall be arranged between the successful bidder and the Dauphin County Purchasing Department.

14. Bid figures shall include all charges, including delivery at the destinations called for in the specifications. NOTE: Dauphin County is tax exempt.

15. In cases where either an “EQUAL TO” or an “ALTERNATE” is proposed, bidder shall, when practical, include a sample with bid proposal. The final decision of whether a product is “EQUAL TO” or whether an “ALTERNATE” is acceptable will be made at the discretion of the Dauphin County Commissioners.

16. Each bidder must provide with its bid, a certified good faith check drawn upon a bank authorized to do business in this

Commonwealth, in an amount required by the Commissioners but not less than 10% of the amount bid, or a bond with corporate surety in such a manner as the Commissioners shall determine, but not less than10% of the amount bid. The forms of the bonds attached to these General Instructions as Exhibit A or B are preferred and are acceptable to the Commissioners. Exhibit A is the form to be used when a performance bond is required and Exhibit B is the form to be used when a performance bond is not required. If a bid bond is utilized, it shall be mandatory that the bid bond specifically identify the bid, and the date of the bid (which shall be on or before the date of the bid bond), which it accompanies; additionally, it shall be mandatory that the power of attorney accompanying a bid bond evidencing the authority of the person signing on behalf of the surety company to sign the bid bond shall be dated the same date as the bid bond; further, it shall be mandatory that the bid bond itself be dated, as well as signed by the principal bidder and the surety company through its authorized representative. Failure to comply with any of the aforesaid provisions shall result in the disqualification of the bid, and said bid shall not thereafter be considered.

17. The successful bidder may be required to furnish surety bond in the amount of 100% of the contract price. The conditions shall be for the full and complete execution and performance of each and all terms contained in the contract, proposal specifications and instructions to bidders. When a surety bond is required it will be stated within the Bid Specifications.

18. Surety bond is mandatory with contracts involving the furnishing of labor and materials. Surety may be required by the Commissioners with any contract, if deemed necessary and in the best interest of the County. In cases where a surety bond is required, the 10% check or bid bond will be returned as soon as the contract is signed and the surety bond is furnished.

19. In the case of the successful bidder failing or refusing to execute a formal contract and to give surety when required, within (20) twenty days after notice of acceptance of bid, his certified check or bid bond will be declared forfeited as liquidated damages.

The letter of acceptance of his proposal will be revoked and all obligations of the Commissioners in connection with the transaction will be cancelled.

20. The successful bidder may be required to execute a written contract with the Commissioners within a time specified by the Commissioners. The form of the written contract (and the terms thereof) must be acceptable to the Dauphin County Solicitor’s Office.

21. The bidder agrees to indemnify and save harmless the Commissioners and their representatives from all suits or actions of every nature and description brought against them for loss or damages to real or tangible personal property and/or bodily injury negligently or willfully caused by the bidder or on account of the use of patented or copyrighted appliances, products or processes with legal protections.

22. Payment shall be made to the successful bidder within (30) thirty days of receipt of invoice after inspection and acceptance of material and/or work by an authorized representative of the Commissioners, and approval of the invoice by the Controller.

Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within (30) thirty days under the conditions described above.

23. Bidders, in all solicitations or advertisements, will not discriminate against any employee, candidate for employment or applicant for employment because of race, color, creed, sex, age or national origin.

24. In the event a bidder is in noncompliance with the nondiscrimination clauses, the contract may be cancelled, terminated or suspended in whole or in part.

25. The vendor shall abide by all applicable federal or state statutes, ordinances, laws and regulations, including, but not limited to, the Americans with Disabilities Act.

*** IMPORTANT NOTICE ***

FAILURE TO CONFORM WITH THIS NOTICE WILL RESULT IN REJECTION OF YOUR BID

Each bidder must provide with its bid, a certified good faith check drawn upon a bank authorized to do business in this Commonwealth, or a bond with corporate surety in such a manner as the Commissioners shall require, and in an amount required by the Commissioners but not less than 10% of the amount bid. The forms of the bonds attached to these General Instructions as Exhibit A or B are preferred and are acceptable to the

Commissioners. Exhibit A is the form to be used when a performance bond is required and Exhibit B is the form to be used when a performance bond is not required.

If you are using a Bid Bond rather than Certified Check, it shall be mandatory that the Bid Bond specifically identify the bid, and the date of the bid (which shall be on or before the date of the bid bond), which it accompanies; additionally, it shall be mandatory that the power of attorney accompanying a bid bond, evidencing the authority of the person signing on behalf of the surety company to sign the bid bond, shall be dated the same date as the bid bond; further, it shall be mandatory that the bid bond itself be dated, as well as signed by the principal bidder and the surety company through its authorized representative. If providing a

Certified Check, a scan of same shall be uploaded in lieu of the bid bond, with the condition that, if bidder is the apparent low bidder, an original of the same check must be provided prior to the opening of the bid in order for bidder to be considered responsive. Failure to Comply with any of the aforesaid provisions shall result in the disqualification of the bid, which shall not thereafter be considered.

BID BOND

TO THE DAUPHIN COUNTY COMMISSIONERS: _________________________________________

as Principal and ___________________________ are hereby held and firmly bound unto the Commissioners of Dauphin County, Pennsylvania, in the sum of $__________________ for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

This Bid Bond is signed and executed this ___________ day of ____________________, ________.

The above obligation of the Principal and surety is conditional. In the event that the Principal is deemed to be the successful bidder, for the proposal to which this Bid Bond is attached, and subsequently enters into a contract in writing for : _____________________________________________________________________ and the bidder furnishes the County a bond guaranteeing performance of the contract in accordance with the provisions of Section 1802(g) of the County Code, then the obligation undertaken by the Principal and Surety by their execution of this Bid Bond shall be void. In the event that the Principal fails to furnish a bond guaranteeing performance of the contract, as set forth in Section 1802(g) of the County Code, then the amount of this Bid Bond, set forth above, in cash or by check acceptable to the County, shall be paid to the County

Commissioners of Dauphin County, upon demand by them, and the aforesaid Commissioners shall retain the money paid as liquidated damages.

IN WITNESS WHEREOF, the Principal and Surety have caused this Bid Bond to be executed by themselves individually, and as corporations, by their proper officers, the day and year set forth above.

Principal (SIGNATURE)

(Name of Surety to be inserted here) By: ____________________________ Attorney-in-Fact (SIGNATURE)

EXHIBIT A

BID BOND

TO THE DAUPHIN COUNTY COMMISSIONERS: __________________________________________

as Principal and _____________________ are hereby held and firmly bound unto the Commissioners of

Dauphin County, Pennsylvania, in the sum of $_______________ for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

This Bid Bond is signed and executed this ____________ day of _____________________, _______.

The above obligation of the Principal and Surety is conditional. In the event that the Principal is deemed to be the successful bidder, for the proposal to which this Bid Bond is attached, and subsequently enters into a contract in writing for: _____________________________________________________________________ and the bidder completes its performance of the contract with the County, to the satisfaction of the County, then the obligation undertaken by the Principal and Surety by their execution of this Bid Bond shall be void.

In the event that the Principal fails to complete the contract in accordance with its terms and to the satisfaction of the County, then the amount of this Bid Bond, set forth above, in cash or by check acceptable to the

County, shall be paid to the County Commissioners of Dauphin County, upon demand by them, and the aforesaid Commissioners, shall retain the money paid as liquidated damages.

IN WITNESS WHEREOF, the Principal and Surety have caused this Bid Bond to be executed by themselves individually, and as corporations, by their proper officers, the day and year set forth above.

Principal (SIGNATURE)

(Name of Surety to be inserted here) By: _________________________________ Attorney-in-Fact (SIGNATURE)

EXHIBIT B

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the

Pennsylvania Anti-bid Rigging Act, 62 Pa.C.S.A. § 4501 et seq., governmental agencies may require Non- Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term “complementary bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

NON-COLLUSION AFFIDAVIT

Bid Name/Date State of ___________________ :

:s.s.

County of :

I state that I, the undersigned, am ________________ of ___________________________________ [Title] [Name of my firm] and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) _____________________________________________________________, its affiliates, [Name of my firm] subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that ______________________________________________________ understands and [Name of my firm] acknowledges that the above representations are material and important, and will be relied on by DAUPHIN COUNTY in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from DAUPHIN COUNTY of the true facts relating to the submission of bids for this contract.

SWORN TO AND SUBSCRIBED _____________________________________

BEFORE ME THIS ______ DAY [Name and Company Position]

OF ________________, ____

[Signature] ____________________________ My Commission Expires Notary Public

SIGNATURE PAGE

In case this proposal is accepted, the undersigned is hereby bound to commence and complete all of the work included under this contract in such time and manner as designated for the various items he has contracted to supply.

In submitted this proposal, it is understood that the unrestricted right is reserved by the County to reject any and all proposals or parts thereof, or to waive any informalities or technicalities in said proposals, and it is agreed that this proposal may not be withdrawn for a period of 45 days from the date of opening.

The undersigned hereby certifies that this proposal is genuine, and not a sham or collusive, or made in the interest or on behalf of any person, firm, or corporation not herein named; that the undersigned has not directly or indirectly induced or solicited any bidder to refrain from bidding, and that the undersigned has not, in any manner, sought by collusion to secure for himself an advantage over any other bidder.

FIRM NAME: __________________________________________________

ADDRESS: ___________________________________________________

SIGNATURE: ___________________________________________________

TITLE: ___________________________________________________

**DATE**: ___________________________________________________*

PLEASE READ THE FOLLOWING VERY CAREFULLY!! IF YOU DO NOT COMPLY YOUR BID

WILL BE REJECTED!!

*IN THE EVENT THAT A BID BOND IS UTILIZED, THIS DATE MUST EITHER PRECEDE OR

COINCIDE WITH THE DATE ON WHICH THE PRINCIPAL AND THE ATTORNEY-IN-FACT SIGN

AND EXECUTE THE BID BOND.

Number of days required for delivery: _______________________

BIDS MUST BE SIGNED FOR CONSIDERATION.