BL030-23 Invitation to Bid

February 1, 2023

INVITATION TO BID

BL030-23

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of OEM Toner and Inkjet Cartridges on an Annual Contract with Two (2) Options to Renew for the Department of Financial Services.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on February 23, 2023 at the Gwinnett County Purchasing Office, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding bids should be directed to Casey Beauston, Purchasing Associate II at casey.beauston@gwinnettcounty.com or by calling 770-822-7995, no later than 3:00 P.M. on February 16, 2023. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the supplier(s) submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids, to waive technicalities, and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible bidder(s) at its discretion.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a bid will be notified via email.

We look forward to your bid and appreciate your interest in Gwinnett County.

Casey Beauston Purchasing Associate II

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 4-13 References, Page 14

Code of Ethics Affidavit, Page 15 http://www.gwinnettcounty.com/ mailto:casey.beauston@gwinnettcounty.com http://www.gwinnettcounty.com/

BL030-23 Page 2

Specifications A. General Scope

The Gwinnett County Board of Commissioners is seeking competitive sealed bids for the purchase of Original Equipment Manufacturer (OEM) toner and inkjet cartridges on an annual contract with two (2) one-year renewal options for various Gwinnett County Departments. Supplier must bid only OEM toner and inkjet cartridges. Failure to bid OEM products will result in your bid being deemed non-responsive.

Supplier MUST be an authorized HP reseller for HP toner/inkjet products if bidding HP. If supplier is not an authorized HP reseller for toner/inkjet products, and bids HP products, the bid will be deemed non-responsive. If requested, supplier must provide proof of HP reseller authorization status. The same requirement applies to other products listed such as Brother, Canon, Epson, Lexmark, etc.

Gwinnett County currently has an HP Big Deal for this bid. The County’s HP contact representative is Jim Hardin (james.hardin@hp.com). All suppliers will need their HP Location ID when contacting Mr. Hardin.

Important: All merchandise must be in unopened original manufacturer’s box.

B. Quantities All quantities stated on bid schedule are an approximate 12-month usage and actual quantities may vary depending upon need. Orders will be placed on an as-needed basis and must be filled regardless of quantity or total dollar amount.

C. Orders & Delivery

Orders will be placed directly by the user department. Inside delivery will be F.O.B. destination to the individual ordering department location. If shipped via UPS or Federal Express to 75 Langley Drive, Lawrenceville, Georgia, it should be delivered to our mail room (next to loading dock). Deliveries to other locations should be delivered inside the building to the reception area. Orders may not be combined (i.e.

different departments orders all delivered to one department). Delivery Days A.R.O. means how many calendar days from the date the supplier receives the purchase order will it be before Gwinnett County receives delivery of product. Orders will be placed using purchase orders.

D. Unit Price Unit price should not exceed 2 decimal points (example: $2.12). If the unit price exceeds 2 decimal points, we will round to the nearest 2 decimal points. The unit price of each item shall include shipping and inside delivery. For the purpose of price comparison, the reflected quoted price should be per cartridge. If more than one cartridge comes in a package, then it is the responsibility of the supplier to explain the number of cartridges contained in one box.

E. References

Bidders should provide references as listed on the enclosed “Reference” sheet. Failure to submit three references either at the time of bid or upon request may be grounds to deem the bidder non-responsive.

F. Damages

Damaged products will not be accepted. It will be the responsibility of the successful supplier to incur any additional expenses associated with picking up and replacing any damaged products received by Gwinnett County.

G. F.O.B.

Unless otherwise stated on the Bid Schedule, item(s) shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

mailto:james.hardin@hp.com

BL030-23 Page 3

H. Award Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split by line item or awarded in entirety.

NOTE: If any of the products listed on the Bid Schedule are not available or the product number is incorrect, please notify Casey Beauston at casey.beauston@gwinnettcounty.com by 3pm on February 16, 2023.

mailto:casey.beauston@gwinnettcounty.com

BL030-23 Page 4

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN THE REJECTION OF THE BID.

BID SCHEDULE

Company Name _______________________________________________________________________________

Item Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

Section A: Hewlett Packard Toner/Inkjet Cartridges 1 110 HP 5A Black (CE505A) $ $ 2 14 HP 11 Yellow (C4813A) $ $ 3 3 HP 11X Black (Q6511X) $ $ 4 40 HP 14A Black (CF214A) $ $ 5 3 HP 14X Black (CF214X) $ $

6 1 HP 17A (CF217A) $ $

7 1 HP 19A (CF219A) $ $

8 6 HP 25X Black (CF325X) $ $ 9 127 HP 26A Black (CF226A) $ $

10 12 HP 26X Black (CF226X) $ $ 11 106 HP 30A Black (CF230A) $ $ 12 12 HP 30X Black (CF230X) $ $ 13 103 HP 32A Black (CF232A) $ $ 14 4 HP 35A Black (CB435A) $ $ 15 10 HP 36A Black (CB436A) $ $ 16 51 HP 37A Black (CF237A) $ $ 17 100 HP 43X Black (C8543X) $ $ 18 50 HP 48A Black (CF248A) $ $ 19 246 HP 51A Black (Q7551A) $ $ 20 647 HP 55A Black (CE255A) $ $ 21 168 HP 55X Black (CE255X) $ $ 22 3 HP 56 Black (C6656AN#140) $ $ 23 219 HP 58A Black (CF258A) $ $ 24 25 HP 58X Black (CF258X) $ $ 25 4 HP 67 Black and (C2P05AN) $ $

BL030-23 Page 5

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

26 4 HP 67 Tri Color (C2P07AN)) $ $ 27 13 HP 72 Black (C9403A) $ $ 28 6 HP 72 Black (C9370A) $ $ 29 15 HP 72 Cyan (C9371A) $ $ 30 11 HP 72 Cyan /Magenta (C9383A) $ $ 31 14 HP 72 Gray (C9374A) $ $ 32 15 HP 72 Magenta (C9372A) $ $ 33 15 HP 72 Matte Black/Yellow (C9384A) $ $ 34 8 HP 72 Photo Black (C9370A) $ $ 35 15 HP 72 Photo Black/Gray (C9380A) $ $ 36 19 HP 72 Yellow (C9373A) $ $ 37 71 HP 78A Black (CE278A) $ $ 38 6 HP 80A Black (CF280A) $ $ 39 42 HP 81A Black (CF281A) $ $ 40 20 HP 83A Black (CF283AD) $ $ 41 33 HP 85A Black (CE285D) $ $ 42 54 HP 87A Black (CF283AD) $ $ 43 286 HP 87X Black (CF287A) $ $ 44 18 HP 89A Black (CF289A) $ $ 45 60 HP 89X Black (CF289X) $ $ 46 3 HP 90A Black (CE390A) $ $

47 35 HP 89X (CF289X) $ $

48 2 HP 89Y (CF289Y) $ $

49 4 HP 125A Black (CB540A) $ $ 50 4 HP 125A Cyan (CB541A) $ $ 51 4 HP 125A Yellow (CB541A) $ $

BL030-23 Page 6

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

52 4 HP 125A Magenta (CB543A) $ $ 53 10 HP 126A Black (CE310A) $ $ 54 24 HP 134A Black (W1340A) $ $ 55 2 HP 147A Black (W1470A) $ $ 56 40 HP 201A Black (CF400A) $ $ 57 40 HP 201A Cyan (CF401A) $ $ 58 40 HP 201A Yellow (CF402A) $ $ 59 40 HP 201A Magenta (CF403A) $ $ 60 100 HP 204A Black (CF510A) $ $ 61 100 HP 204A Cyan (CF511A) $ $ 62 100 HP 204A Yellow (CF512A) $ $ 63 104 HP 204A Magenta (CF513A) $ $ 64 6 HP 206A Black (W2110A) $ $ 65 13 HP 206A Cyan (W2111A) $ $ 66 12 HP 206A Yellow (W2112A) $ $ 67 15 HP 206A Magenta (W2113A) $ $ 68 3 HP 212A Black (W2120A) $ $ 69 3 HP 212A Cyan (W2121A) $ $ 70 3 HP 212A Yellow (W2122A) $ $ 71 3 HP 212A Magenta (W2123A) $ $ 72 178 HP 215A Black (W2310A) $ $ 73 127 HP 215A Cyan (W2311A) $ $ 74 127 HP 215A Yellow (W2312A) $ $ 75 127 HP 215A Magenta (W2313A) $ $ 76 15 HP 305A Black (CE410A) $ $ 77 15 HP 305A Cyan (CE411A) $ $

BL030-23 Page 7

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

78 15 HP 305A Magenta (CE413A) $ $ 79 15 HP 305A Yellow (CE412A) $ $ 80 5 HP 307A Yellow (CE742A) $ $ 81 5 HP 307A Black (CE740) $ $ 82 5 HP 307A Magenta (CE743A) $ $ 83 5 HP 307A Cyan (741A) $ $ 84 8 HP 410A Black (CF410A) $ $ 85 3 HP 410A Cyan (CF411A) $ $ 86 3 HP 410A Magenta (CF413A) $ $ 87 3 HP 410A Yellow (CF412A) $ $ 88 197 HP 414A Black (W2020A) $ $ 89 151 HP 414A Cyan (W2021A) $ $ 90 151 HP 414A Yellow (W2022A) $ $ 91 151 HP 414A Magenta (W2023A) $ $ 92 4 HP 452dn Black (CF410A) $ $ 93 4 HP 452dn Cyan (CF411A) $ $ 94 4 HP 452dn Yellow (CF412A) $ $ 95 4 HP 452dn Magenta (CF413A) $ $ 96 46 HP 507A Black (CE400A) $ $ 97 46 HP 507A Cyan (CE401A) $ $ 98 46 HP 507A Magenta (CE403A) $ $ 99 20 HP 507A Yellow (CE402A) $ $

100 35 HP 508A Black (CF360A) $ $ 101 41 HP 508A Combo Pack (CF360AM) $ $ 102 77 HP 508X Black (CF360X) $ $ 103 43 HP 508X Cyan (CF361X) $ $

BL030-23 Page 8

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

104 43 HP 508X Yellow (CF362X) $ $ 105 43 HP 508X Magenta (CF363X ) $ $ 106 11 HP 643A Magenta (Q5953A) $ $ 107 12 HP 643A Black Toner (Q5950A) $ $ 108 12 HP 643A Cyan Toner (Q5951A) $ $ 109 7 HP 643A Yellow (Q5952A) $ $ 110 4 HP 645A Black (C9730A) $ $ 111 3 HP 648A Cyan (CE261A) $ $ 112 5 HP 648A Magenta (CE263A) $ $ 113 5 HP 648A Yellow (CE262A) $ $ 114 7 HP 649X Black (CE260X) $ $ 115 16 HP 650A Black (CE270A) $ $ 116 14 HP 650A Cyan (CE271A) $ $ 117 14 HP 650A Magenta (CE273A) $ $ 118 14 HP 650A Yellow (CE272A) $ $ 119 2 HP 651A Yellow (CE342A) $ $ 120 2 HP 651A Magenta (CE343A) $ $ 121 2 HP 651A Cyan (CE341A) $ $ 122 2 HP 651A Black (CE340A) $ $ 123 0 HP 652A Black (CF320A) $ $ 124 3 HP 653X Black (CF320X) $ $ 125 3 HP 654A Cyan (CF331A) $ $ 126 3 HP 654A Magenta (CF333A) $ $ 127 3 HP 654A Black (CF330X) $ $ 128 3 HP 654A Yellow (CF332A) $ $ 129 8 HP 655A Black (CF450A) $ $

BL030-23 Page 9

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

130 8 HP 655A Yellow (CF452A) $ $ 131 8 HP 655A Cyan (CF451A) $ $ 132 8 HP 655A Magenta (CF453A) $ $ 133 10 HP 656 Yellow (CF462X) $ $ 134 10 HP 656 Magenta (CF463X) $ $ 135 10 HP 656 Cyan (CF461X) $ $ 136 10 HP 656 Black (CF460X) $ $ 137 3 HP 658A Cyan (W2001A) $ $ 138 3 HP 658A Black (W2000A) $ $ 139 3 HP 658A Yellow (W2002A) $ $ 140 3 HP 658A Magenta (W2003A) $ $ 141 3 HP 727 Black Matte (C1Q12A) $ $ 142 3 HP 727 Photo Black (B3P23A) $ $ 143 3 HP 727 Gray (B3P24A) $ $ 144 3 HP 727 Cyan (B3P19A) $ $ 145 3 HP 727 Magenta (B3P20A) $ $ 146 3 HP 727 Yellow (B3P21A) $ $ 147 11 HP 730 300ml Gray (P2V72A) $ $ 148 13 HP 730 300ml Cyan (P2V68A) $ $ 149 11 HP 730 300ml Yellow (P2V70A) $ $ 150 13 HP 730 300ml Photo Black (P2V73A) $ $ 151 13 HP 730 300ml Magenta (P2V69A) $ $ 152 13 HP 730 300ml Matte Black (P2V71A) $ $ 153 60 HP 826A Black (CF310A) $ $ 154 60 HP 826A Cyan (CF311A) $ $ 155 60 HP 826A Magenta (CF313A) $ $

BL030-23 Page 10

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

156 60 HP 826A Yellow (CF312A) $ $ 157 70 HP 828A Cyan Drum (CF359A) $ $ 158 70 HP 828A Magenta Drum (CF365A) $ $ 159 70 HP 828A Yellow Drum (CF364A) $ $ 160 70 HP 828A Black Drum (CF358A) $ $ 161 5 HP 843A Black (C1Q57A) $ $ 162 5 HP 843A Cyan (C1Q58A) $ $ 163 5 HP 843A Magenta (C1Q59A) $ $ 164 5 HP 843A Yellow (C1Q60A) $ $ 165 74 HP 950 Black (CN049AN) $ $ 166 71 HP 951 Cyan (CN050AN) $ $ 167 71 HP 951 Magenta (CN051AN) $ $ 168 71 HP 951 Yellow (CN052AN) $ $ 169 115 HP 952 Cyan $ $ 170 115 HP 952 Magenta $ $ 171 115 HP 952 Yellow $ $ 172 115 HP 952XL Black $ $ 173 71 HP 962XL Cyan (3JA00AN#140) $ $ 174 71 HP 962XL Magenta (3JA01AN#140) $ $ 175 71 HP 962XL Yellow (3JA02AN#140) $ $ 176 74 HP 962XL Black (3JA03AN#140) $ $ 177 78 HP 972X Black (F6T84AN) $ $ 178 78 HP 972X Cyan (L0R98AN) $ $ 179 78 HP 972X Magenta (L0S01AN) $ $ 180 78 HP 972X Yellow (L0R92AN) $ $

BL030-23 Page 11

Approx.

Annual

Qty.

Description Delivery

A.R.O.

# of Cartridges

Per Package/Box

Unit Price Total Price

Section A Total $

SECTION B - Miscellaneous $ $ 1 10 Brother Drum 420 (DR420) $ $ 2 2 Brother TN350 Black $ $ 3 11 Brother TN450 Black $ $ 4 3 Brother TN460 Black Laser Toner $ $ 5 1 Brother TN570 Black $ $ 6 2 Canon S35 (7833A001) $ $ 7 3 Epson T0601 Black $ $ 8 3 Epson T0602 Cyan $ $ 9 3 Epson T0603 Magenta $ $

10 3 Epson T0604 Yellow $ $ 11 2 Lexmark C734 Black (C734A1KG) $ $ 12 2 Lexmark C734 Cyan (C734AYCG) $ $ 13 2 Lexmark C734 Magenta (C736H1MG) $ $ 14 2 Lexmark C734 Yellow (C734A1YG) $ $

Section B Total $

Section A Total: $

Section B Total: $

BID TOTAL: $

BL030-23 Page 12

If the HP OEM toner you provide to Gwinnett County leaks in County printers, are you willing to provide an authorized person to come on-site and clean the printers? YES _____ NO ______ Explanation:

State product warranty:

Is bid for OEM products: YES _____ NO _____

Does company offer a recycling program for empty OEM toner and inkjet cartridges? YES _____ NO _____ (If yes, please explain how it works on a separate sheet.)

Does company agree to accept partial award by line item? YES _____ NO _____

(Failure to do so will result in your bid being deemed non-responsive.)

BL030-23 Page 13

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN THE REJECTION OF

THE BID.

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin upon award, or on April 22, 2023, whichever is later.

Unless otherwise noted, quoted prices will remain firm for two (2) additional 12-month periods. If a percentage increase/decrease is a part of the renewal options, please note this in the space provided together with an explanation.

Renewal Option 1: % Increase % Decrease Explanation Renewal Option 2: % Increase % Decrease Explanation

Certification Of Non-Collusion in Bid Preparation Signature Date

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of bid opening, to furnish any or all of the items upon which prices are bid, at the price set opposite each item bid, delivered to the designated point(s) within the time specified in the bid schedule. By submission of this bid, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name

Federal Tax ID

Complete Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature Printed Name

Telephone Number E-mail address

BL030-23 Page 14

FAILURE TO RETURN THIS PAGE AS PART OF BID DOCUMENT MAY RESULT IN REJECTION OF BID

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

BL030-23 Purchase of OEM Toner and Inkjet Cartridges on an Annual Contract

CODE OF ETHICS AFFIDAVIT

PLEASE RETURN THIS FORM COMPLETED WITH YOUR SUBMITTAL. SUBMITTED FORMS ARE REQUIRED

PRIOR TO EVALUATION.

In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of their knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the bidder/proposer, its affiliates or its subcontractors:

1. __________________________________________________________________________________________

Company Submitting Bid/Proposal

2. Please select one of the following:

No information to disclose (complete only section 4 below) Disclosed information below (complete section 3 & section 4 below)

3. If additional space is required, please attach list:

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. BY:

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent

Title of Authorized Officer or Agent of Contractor

Sworn to and subscribed before me this day of , 20

Notary Public

(seal)

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 54-33. The ordinance will be available to view in its’ entirety at GwinnettCounty.com

FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY FROM COMMODITY LISTING.

BL030-23

Buyer Initials: CB

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY

CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

Do not offer this product or service; remove us from your bidder's list for this item only.

Specifications too "tight"; geared toward one brand or manufacturer only.

Specifications are unclear.

Unable to meet specifications

Unable to meet bond requirements

Unable to meet insurance requirements

Our schedule would not permit us to perform.

Insufficient time to respond.

Other

COMPANY NAME

AUTHORIZED REPRESENTATIVE

SIGNATURE

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS

***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING DEEMED NON-

RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE DETERMINANT OF

TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:

1. FAILURE TO USE COUNTY QUOTE/BID/FEE SCHEDULE.

2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE COMPLIANCE/SPECIFICATION

SHEETS.

3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN SUBMITTAL BEING DEEMED

NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS ARE NOT REQUIRED ON ALL

SOLICITATIONS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE INVITATION PAGE. IF

CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION.

IF BONDS ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION DOCUMENT.

6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN REQUIRED, MAY

RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE CONTRACTOR

AFFIDAVIT AND AGREEMENT IS NOT REQUIRED ON ALL SOLICITATIONS. IF CLARIFICATION IS

NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION.

7. FAILURE TO PROVIDE AN ETHICS AFFIDAVIT WHEN REQUIRED, MAY RESULT IN SUBMITTAL

BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS AFFIDAVIT IS REQUIRED ON ALL

FORMAL SOLICITATIONS OVER $100,000.00. IF CLARIFICATION IS NEEDED, CONTACT THE

PURCHASING ASSOCIATE LISTED IN THE INVITATION.

I. PREPARATION OF SUBMITTAL

A. Each vendor shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the vendor’s risk, as the vendor will be held accountable for their submittal.

B. Each vendor shall furnish all information required by the solicitation form or document. Each vendor shall sign the submittal and print or type his or her name on the quote/bid/fee schedule. The person signing the submittal should initial erasures or other changes. An authorized agent of the vendor must sign the submittal.

C. Fee schedule pricing should have only two decimal places unless otherwise stated. In the event of a calculation error in total price, the unit pricing prevails.

D. Except for solicitations for the sale of real property, individuals, firms, and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative other than the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final award. The Purchasing Director will review violations. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Gwinnett County representative.

E. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the submittal but are contained for informational purposes only. If awarded, the successful vendor(s) will be required to execute these documents prior to County execution.

F. Effective July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform

Enhancements for 2013, an original signed, notarized, and fully completed Contractor Affidavit and Agreement should be included with vendor’s submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your submittal may result in being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each vendor should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. should not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.)

should be stated. If calendar days are used, include Saturday, Sunday, and holidays in the number.

III. EXPLANATION TO VENDORS

Any explanation desired by a vendor regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation for a reply to reach all vendors before the deadline of the solicitation. Any information given to a prospective vendor concerning a solicitation will be furnished to all prospective vendors as an addendum to the solicitation if such information is necessary or if the lack of such information would be prejudicial to uninformed vendors. The written solicitation documents supersede any verbal or written communications between the parties. Receipt of addenda should be acknowledged in the submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their submittal. This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting the Gwinnett County website.

IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS

A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope. Facsimile or emailed submittals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized representative.

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the vendor’s request and expense, if items are not destroyed by testing.

D. Items offered must meet required specifications and must be of a quality that will adequately serve the use and purpose for which intended.

E. Full identification of each item submitted, including brand name, model, catalog number, etc. must be furnished to identify exactly what the vendor is offering. Manufacturer’s literature may be furnished but vendor should not submit excessive marketing material.

F. The vendor must certify that items to be furnished are new and that the quality has not deteriorated to impair its usefulness.

G. Unsigned submittals will not be considered except in cases where it is enclosed with other documents that have been signed. The County will determine acceptability in these cases.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax regarding goods and services purchased directly by Gwinnett County. Vendors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Vendors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a vendor in the solicitation process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act.

V. WITHDRAWAL DUE TO ERRORS

Vendors must give Gwinnett County Purchasing Division written notice within two (2) business days of completion of the opening stating that they wish to withdraw their submittal without penalty for an obvious clerical or calculation error. Submittal may be withdrawn from consideration if the price was substantially lower than the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and materials used in preparing the submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid.

No vendor who is permitted to withdraw their submittal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid or proposal was submitted.

Vendors who fail to request withdrawal by the required forty-eight (48) hours may automatically forfeit bid bond if a bond was required. Bid may not be withdrawn otherwise.

Withdrawal is not automatically granted and will be allowed solely at Gwinnett County’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item that fails to meet the specifications, shall be borne by the vendor.

VII. F.O.B. POINT

Unless otherwise stated in the request for invitation and any resulting contract, or unless qualified by the vendor, items shall be shipped F.O.B. Destination, Freight Prepaid and Allowed. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The vendor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the vendor is not the patentee, assignee, or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED, FORMS WILL BE PROVIDED IN

THIS DOCUMENT)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to Gwinnett County for any solicitation as required in the solicitation package or document. Failure to submit a bid bond with the proper rating will result in submittal being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper A.M. Best rating as stated in the solicitation document.

X. DISCOUNTS

A. Time payment discounts may be considered in arriving at net prices and in award of solicitations.

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount on the date of the County check.

XI. AWARD

A. Award will be made to either the highest scoring firm (for proposals) or the lowest responsive and responsible vendor (for quotes/bids). The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the vendor to perform, and the vendor shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any submittal if the evidence submitted by, or investigation of such vendor fails to satisfy the County that such vendor is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject or accept any or all offers and to waive technicalities, informalities and minor irregularities in the submittals received.

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding to a single vendor or multiple vendors; or to award the whole solicitation agreement, only part of the agreement, or none of the agreement, based on its sole discretion of its best interest.

D. In the event of proposal scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.

E. If proposal negotiations with the highest ranked firm are unsuccessful, the County may then negotiate with the second ranked firm and so on until a satisfactory agreement has been reached.

XII. DELIVERY FAILURES

Failure of a vendor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the vendor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of the contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting vendor. Alternatively, the County may penalize the vendor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY

No material, labor or facilities will be furnished by the County unless so provided in the solicitation package.

XIV. REJECTION OF SUBMITTALS

Failure to observe any of the instructions or conditions in this solicitation package may constitute grounds for rejection.

XV. CONTRACT

Each submittal is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all the commodities or services described therein shall constitute a contract between the vendor and the County which shall bind the vendor on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted submittal. The County, on its part, may order from such vendor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a solicitation package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the vendor has reviewed the documents with the understanding that Gwinnett County requires that all agreements between the parties must be entered into via this document.

If any exceptions are taken to any part, each must be stated in detail and submitted as part of the vendor’s submittal. If no exceptions are stated, it is assumed that the vendor fully agrees to the provisions contained in the “Sample Contract” in its entirety.

Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any County procurement method, by entering into such an arrangement or executing a contract, the consultant agrees to abide by the current state law and: 1) Avoid any appearance of impropriety and shall follow all policies and procedures of the County, 2) Disclose to the County any material transaction or relationship pursuant to §36-80-28, that is considered a conflict of interest, any involvement in litigation or other dispute, relationship, or financial interest not disclosed in the ethics affidavit, and 3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the County, entitling the County to seek injunctive relief in addition to all other legal remedies.

When the vendor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the vendor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. If Gwinnett County fails to pay the vendor within sixty (60) days of receipt of a pay request based upon work completed or service provided pursuant to the contract, the County shall pay the vendor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The vendor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia.

XVI. NON-COLLUSION

Vendor declares that the submittal is not made in connection with any other vendor’s submittal for the same commodity or commodities, and that the submittal is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each vendor. Collusion and fraud in submittal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default to the vendor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible bidder, or the next highest scoring responsive and responsible proposer, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting vendor (or their surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the vendor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the vendor to deliver materials or services within the time stipulated on their offer, unless extended in writing by the Purchasing Director, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE

The County may terminate this agreement for cause upon ten days prior written notice to the vendor of the vendor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

XIX. TERMINATION FOR CONVENIENCE

The County may terminate this agreement for its convenience at any time upon 30 days written notice to the vendor. In the event of the County’s termination of this agreement for convenience, the vendor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the vendor, which shall itemize each element of performance.

XX. SUBSTITUTIONS

Vendors offering substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their offer. The absence of such a substitution list shall indicate that the vendor has taken no exception to the specifications contained herein.

XXI. INELIGIBLE VENDORS

The County may choose not to accept the offer by an individual, firm, or business who is in default on the payment of taxes, licenses, or other monies owed to the County. Additionally, vendors or persons placed on an Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance shall not be eligible to provide any commodities or services to the County during the period such person remains on the Ineligible Source List.

XXII. PENDING LITIGATION

An individual, firm, or business that has litigation pending against the County, or anyone representing a firm or business in litigation against the County, not arising out of the procurement process, will be disqualified.

XXIII. OCCUPATION TAX CERTIFICATE

Each successful vendor must have a valid Gwinnett County occupation tax certificate if the vendor maintains an office within the unincorporated area of Gwinnett County. Incorporated, out of County, and out of State vendors are required to have any and all certificates necessary to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution. Vendors may be required to provide evidence of valid certificates. Out of State vendors are required to have a certificate in the Georgia jurisdiction where they receive the most revenue.

XXIV. PURCHASING POLICY AND REVIEW COMMITTEE

The Purchasing Policy & Review Committee has been established to review purchasing procedures and make recommendations for changes; resolve problems regarding the purchasing process; make recommendations for standardization of commodities, schedule buying, qualified products list, annual contracts, supplier performance (Ineligible Source List), and other problems or requirements related to purchasing. The Purchasing Policy & Review Committee has authority to place vendors on the Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance, for a period not to exceed three (3) years.

XXV. AMERICANS WITH DISABILITIES ACT

All vendors for Gwinnett County are required to comply with all applicable sections of the Americans with Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act (ADA), Gwinnett County provides reasonable accommodations to permit a qualified applicant with a disability to enjoy the privileges of employment equal to those employees without disabilities. Disabled individuals must satisfy job requirements for education background, employment experience, and must be able to perform those tasks that are essential to the job with or without reasonable accommodations. Any requests for the reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County should be directed to the ADA Coordinator, 75 Langley Drive, Lawrenceville, Georgia 30046, 770-822-8165.

XXVI. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the vendor’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.

XXVII. TAX LIABILITY

Local and state governmental entities must notify vendors of their use tax liability on public works projects.

Under Georgia law, private vendors are responsible for paying a use tax equal to the sales tax rate on material and equipment purchased under a governmental exemption that is incorporated into a government construction project: excluding material and equipment provided for the installation, repair, or expansion of a public water, gas, or sewer system when the property is installed for general distribution purposes. To the extent the tangible personal property maintains its character (for example, the installation of a kitchen stove), it remains tax-exempt. However, if the installation incorporates the tangible personal property into realty (for example, the installation of sheetrock), it becomes taxable to the private vendor. See O.C.G.A.

§48-8-3(2) and O.C.G.A. §48-8-63.

XXVIII. STATE AND FEDERAL LAW REGARDING WORKER VERIFICATION

Effective July 1, 2013 State Law requires that all who enter into a contract for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia) and that all who enter into a contract for public works as defined by O.C.G.A. §36-91-2(12) for the County, must satisfy the Illegal Immigration Reform Enhancements for 2013 in conjunction with the Federal Immigration Reform and Control Act (IRCA) of 1986, in all manner, and such are conditions of the contract.

The Purchasing Division Director with the assistance of the Internal Audit Division shall be authorized to conduct random audits of a vendor’s or subcontractors’ compliance with the Illegal Immigration Reform Enhancements for 2013 and the rules and regulations of the Georgia Department of Labor. The vendor and subcontractors shall retain all documents and records of its compliance for a period of five (5) years following completion of the contract or shall abide by the current time requirements at the time of the contract. This requirement shall apply to all contracts for all public works, labor or service contracts that exceed $2,499.99 except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia.

Whenever it appears that a vendor’s or subcontractor’s records are not sufficient to verify the work eligibility of any individual in the employment of such vendor or subcontractor, the Purchasing Director shall report same to the Department of Homeland Security and may result in termination of the contract if it is determined at any time during the work that the vendor or subcontractor is no longer in compliance with worker verification.

By submitting an offer to the County, vendor agrees that, in the event the vendor employs or contracts with any subcontractor(s) in connection with the covered contract, the vendor will secure from the subcontractor(s) such subcontractor(s’) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they follow the Illegal Immigration Reform Enhancements for 2013 in conjunction with all federal requirements. Original signed, notarized Subcontractor Affidavits and Agreements must be maintained by the vendor awarded the contract.

A vendor’s or subcontractor’s failure to participate in the federal work authorization program as defined above shall be subject to termination of the contract. A vendor’s failure to follow Gwinnett County’s instruction to terminate a subcontractor that is not participating in the federal work authorization program may be subject to termination of the contract.

XXIX. SOLID WASTE ORDINANCE

No individual, partnership, corporation, or other entity shall engage in solid waste handling except in such a manner as to conform to and comply with the current Gwinnett County Solid Waste Ordinance and all other applicable local, state and federal legislation, rules, regulation, and orders.

XXX. GENERAL CONTRACTORS LICENSE

Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law (O.C.G.A. §43-41-17).

XXXI. PRODUCTS MANUFACTURED IN GEORGIA

When contracting for or purchasing supplies, materials, equipment, or agricultural products that exceeds $100,000.00, excluding beverages for immediate consumption, Gwinnett County shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. Gwinnett County Board of Commissioners shall consider, among other factors, information submitted by the vendor which may include the vendor's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of an offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. (O.C.G.A. §36-84-1).

XXXII. INDEMNIFICATION

To the fullest extent permitted by law, the vendor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the County, its commissioners, officers, agents, and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by the negligent acts, errors by any act or omission of the vendor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party indemnified hereunder.