July 12, 2022

INVITATION TO BID

BL076-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of Personal Protective Safety Equipment on an Annual Contract with two (2) Options to Renew for various Gwinnett County Departments.

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 July 28, 2022 at the Gwinnett County Purchasing Division, 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 Chelsey Ward, Purchasing Associate II at chelsey.ward@gwinnettcounty.com or by calling 770-822-7788, no later than 3:00 P.M. on July 25, 2022. Bids are legal and binding upon the bidder when submitted.

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 Susan Canon, 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 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.

Chelsey Ward Purchasing Associate II

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 5-14 References, Page 16 Code of Ethics, Page 17 http://www.gwinnettcounty.com/ mailto:chelsey.ward@gwinnettcounty.com

BL076-22 Page 2

SPECIFICATIONS

I. Scope of Work Supplier to provide specified Personal Protective Safety Equipment to various Gwinnett County Departments as required during the contract. Contract to begin August 17, 2022 for a one year period with two (2) additional one year options to renew. Bid may be awarded in its entirety, by line item, or by section.

II. General Requirements A. Gwinnett County Departments may order any item on this bid, regardless of designation under delivery on an “as needed” basis. Orders are to be filled regardless of quantity and/or dollar amount. Each department will place orders directly with the successful supplier.

B. Gwinnett County will be sole determinant of acceptability of substitutions. Substitutions will be accepted only if product quality is equal to or exceeds the quality of product originally bid. Pricing must remain the same as originally stated in bid package. All substitutions must be pre-approved by the user departments.

C. Gwinnett County reserves the right to make “special” or “opportunity buys” as deemed in its best interest, but price should be less than the prices stated in successful supplier bid.

D. Gwinnett County requires that all invoicing against this contract reflect the bid number.

Items ordered from this contract must be invoiced separately from those items ordered which are not part of this contract.

III. Brand Names

Whenever a brand name is used, it is used for informational purposes to describe a MINIMUM standard of required function, dimension, appearance, and quality. References to materials by brand name, make, or model number shall not be construed as limiting competition.

IV. Equivalent Products The bidder may at his option, elect to bid using the products of alternate manufacturers that MEET OR EXCEED the required function, dimension, appearance, and quality.

Each line item will be closely evaluated to ensure it meets the minimum requirements.

However, if in its best interest, as the sole determiner of equivalency, Gwinnett County reserves the right to make exceptions to the minimum requirements.

It is the supplier's responsibility to prove equivalent products equal or exceed the quality level of the product(s) specified. If bidding an equivalent product, specifications/brochures should be submitted with your bid.

V. Packaging If quoting alternate packaging, detail in appropriate column on the “Bid Schedule”.

BL076-22 Page 3

VI. Samples Samples must be:

• furnished at the bidder’s expense and at no cost to Gwinnett County

• provided by the time frame specified when requested

• tagged or labeled with vendor name, item #, and manufacturer name/number

• provided within seven (7) business days upon request

Samples not used or destroyed in testing will be returned to the vendor at vendor’s request and expense. Gwinnett County assumes no responsibility for items lost, damaged, or destroyed when being inspected or tested.

Failure to submit samples upon request may result in the line item(s) being deemed nonresponsive or rejection of the bid.

VII. Quantities Quantities are approximate for annual usage. Orders will be placed on an “as needed” basis.

Orders must be filled regardless of quantity and/or dollar amount.

VIII. Delivery/Invoice

A. Delivery should be coordinated with each user department upon award, as orders are placed individually by each department and will require delivery to various facilities and locations.

B. Deliveries will be “F.O.B. Destination” prepaid and allowed to each location and inside delivery is required. Supplier shall deliver orders as specified by the department and be accompanied with a packing slip. All invoices shall reflect the bid number and the delivery address. It shall spell out the exact description as indicated in the bid tabulation.

C. All invoices should show either price per case, box, bag, container, etc. Unit pricing per case/box/etc. for each line item should not be extended beyond two decimal places. Any unit prices beyond two decimal places, will be rounded.

D. GWINNETT COUNTY REQUIRES THAT ALL INVOICING FOR THIS CONTRACT REFLECT THE

BID NUMBER. ITEMS ORDERED FROM THIS CONTRACT MUST BE INVOICED SEPARATELY

FROM THOSE ITEMS ORDERED WHICH ARE NOT A PART OF THIS CONTRACT.

F.O.B. Point: The supplier shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until all items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the supplier assumes transportation and related charges either by payment or allowance.

Note: Gwinnett County reserves the right to add or delete delivery locations as needed. All new locations must be agreed upon in writing by the County.

IX. Delivery Time A.R.O.

Indicate on the attached Bid Schedule for each item, the number of calendar days required for delivery after receipt of order and all pertinent information necessary for Gwinnett County.

Deliveries A.R.O. should not exceed five (5) days for items that are in stock. Any deliveries outside of five (5) days for any reason MUST be communicated and coordinated with the department.

BL076-22 Page 4

X. Miscellaneous Specifications:

A. References Interested bidders should submit with a copy of their bid three references. Failure to submit three references either at the time of bid or upon request may be grounds to deem the bidder non-responsive.

B. No Contact Clause 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 without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners.

Violations will be reviewed by the Purchasing Director. 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.

C. Addenda

It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal. Addenda should be signed and returned with bid.

BL076-22 Page 5 FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION.

Bid Schedule

Company Name: ______________________________________________________________________________________

Item # Description

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

SECTION A - HARD HATS

Cap style 6-point ratchet suspension

• Pyramex HP16110, 161130 &

161140 or equivalent

280 EA $ $

Full brim, with 6-Point pin-lock suspension, self-sizing or ratchet, white & blue

• Bullard Classic Series C33 or equivalent

550 EA $ $

Section A Total $

SECTION B - EYE PROTECTION

Hybrid safety glasses/goggles, clear, amber & gray lens

• Fuselage Pro-Safe or equivalent

145 EA $ $

Goggles, Clear Plastic Direct Vent

• Bouton #248-4400-300 or equivalent

84 EA $ $

Safety Glasses, Grey

• Uvex Tirade #S4041 or equivalent

770 EA $ $

Safety Glasses, Clear

• Uvex Tirade #S4040 or equivalent

520 EA $ $

BL076-22 Page 6

Company Name: ________________________________________________________________________________

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Safety Glasses, Grey (Over Regular Glasses)

• Uvex Ambient #S3160 or equivalent

85 EA $ $

Safety Glasses, Clear (Over Regular Glasses)

• Uvex Ambient #S3162 or equivalent

131 EA $ $

Safety Glasses, Clear

• Uvex Genesis #S3200 or equivalent

10 EA $ $

Goggles, Clear

• UVEX Stealth #S3960D or equivalent

10 EA $ $

RX Reader Safety Glasses, Clear

• Kleenguard Nemesis #30133 or equivalent

10 EA $ $

Section B Total $

SECTION C – EAR PROTECTION

Disposable corded earplugs, 100 per dispenser box

• Pyramex DP100 or equivalent

87 BX $ $

Multi-use, corded earplugs

• Howard Leight AirSoft® or equivalent

158 PR $ $

BL076-22 Page 7

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Ear muff

• Pyramex 2010 or equivalent

54 EA $ $

Ear Muffs

• Howard Leight QM24+ or equivalent

10 EA $ $

Section C Total $

SECTION D – RESPIRATORY PROTECTION

Particulate respirator, 20/box

• DuraMask 1895N or equivalent

377 BX $ $

Section D Total $

SECTION E – GLOVES

Knit gloves

• Brown cotton jersey

• Knit wrist

• Hand specific

• Sizes S thru XL

1320 PR $ $

Driving gloves, Sizes S-L

• Seattle 4064 or equivalent

420 PR $ $

XL 30 PR $ $

Leather work gloves, Sizes S

• PIP 87-1563 or equivalent

96 PR $ $

BL076-22 Page 8

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

M 10 PR $ $

L 60 PR $ $

XL 65 PR $ $

Automotive work gloves, size M

• Mechanix Wear Original High Abrasion or equivalent

95 PR $ $

L 285 PR $ $

XL 460 PR $ $

XXL 95 PR $ $

Nitrile foam coated gloves, Sizes S

• Kimberly Clark G40 or equivalent

100 PR $ $

M 530 PR $ $

L 1205 PR $ $

XL 1655 PR $ $

Latex coated gloves, sizes S

• Kimberly Clark G40 or equivalent

25 PR $ $

M 405 PR $ $

L 905 PR $ $

XL 775 PR $ $

Full Grain Deerskin Gloves, Sizes L-

XL

• Wells Lamont #1129 or equivalent

20 PR $ $

BL076-22 Page 9

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Leather Latex Grip and Nitrile Coated Gloves, Sizes L-XL

• Wells Lamont #524 or equivalent

20 PR $ $

Nitrile Coated Cut-Resistant Gloves, Sizes L-XL

• Wells Lamont #580 or equivalent

20 PR $ $

Drivers glove, goatskin, Size XL, premium, ANSI cut level A3

• Superior Glove model # 378GKTKLXL or equivalent

20 PR $ $

Leather Glove, Size XL Cowhide, full finger, shirred slip-on cuff

• Condor model #4TJV6 or equivalent

20 PR $ $

Glove cotton jersey with safety grip dots, Size L

• Condor model #5JK50 or equivalent

20 PR $ $

Section E Total $

SECTION F – SAFETY VESTS & OTHER MISC. SAFETY ITEMS

General purpose safety vest, sizes

M-4XL

• MCR Safety WCCL2L or equivalent

70 EA $ $

BL076-22 Page 10

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Hi-Vis Class 3 Safety Vest, green, sizes M-6XL

• Price MUST include silk screening of “Dept. of Corrections”, “WAP”, or "CSW" on back

• Viking U6155G or equivalent

570 EA $ $

Hi-Vis Class 3 Safety Vest, green, sizes M-6XL

• No silkscreen

• Viking U6155G or equivalent

525 EA $ $

Disposable coverall, size L

• Dupont Tyvek TY122S or equivalent

137 EA $ $

XL 42 EA $ $

2XL 2 EA $ $

3XL 2 EA $ $

4XL 2 EA $ $

Boot, PVC Steel Toe 16” – Pull UP, Sizes Men’s 6 to 16

• Onguard Monarch #86606 or equivalent

125 EA $ $

Boot, Rubber Hip Steel Toe, Sizes Men’s 6 to 14

• Durawear #LB-1531-6 or equivalent

210 EA $ $

BL076-22 Page 11

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Rain coat, PVC/NYLON 48” with Hood

• River City 300CS or equivalent

7 EA $ $

2XL 1 EA $ $

3XL 2 EA $ $

4XL 2 EA $ $

5XL 2 EA $ $

Rainsuit, Yellow Coat with Hood and Bib Bottom, Size Small

• River City 3003S or equivalent

48 EA $ $

M 20 EA $ $

L 15 EA $ $

XL 15 EA $ $

2XL 10 EA $ $

3XL 7 EA $ $

4XL 2 EA $ $

5XL 2 EA $ $

Heavyweight Rainsuit, Yellow Coat with Hood and Bib Bottom, Sizes Small to 5XLarge

• Durawear 1330 Heavyweight Raingear or equivalent

48 EA $ $

2XL 1 EA $ $

3XL 2 EA $ $

4XL 2 EA $ $

5XL 2 EA $ $

BL076-22 Page 12

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Heavyweight Raincoat

• Durawear 1225 Heavyweight Raincoat or equivalent

53 EA $ $

Rain Jacket

• Radians RW30-3Z1Y General Purpose Rain Jacket or equivalent

10 EA $ $

Mud Boot Covers – 16” over the shoe boots sizes 10-14

• CLC #R20016 or equivalent

10 EA $ $

Foam Kneeling Pad

• Ergodyne ProFlex #375 or equivalent

10 EA $ $

Knee Pads

• Ergodyne ProFlex 347 Lightweight Gel Knee Pads or equivalent

20 EA $ $

High visibility bomber jacket class 3, 3-in-1 – size XL-4XL

• Northern Tool Gravel Gear Item #7161BFGN or equivalent

20 EA $ $

Section F Total $

SECTION G – CHAINSAW SAFETY

BL076-22 Page 13

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Chainsaw Safety Kit (to include the following:

• Gear Bag, Forester #FORDB19C or equivalent

• Forestry Helmet, Forester #8577 or equivalent

• Green Kevlar Lined Anti-Vibration Chainsaw Gloves, Forester #FOGL1005 or equivalent

• 2 pair of Safety Glasses, Forester #FORESTER-409 or equivalent

• Apron Style Chainsaw Chaps, Forester #Chap437-O or equivalent

1 EA $ $

Gear Bag, Forester #FORDB19C or equivalent

1 EA $ $

Forestry Helmet, Forester #8577 or equivalent

27 EA $ $

Green Kevlar Lined Anti-Vibration Chainsaw Gloves, Forester #FOGL1005 or equivalent

2 EA $ $

2 pair of Safety Glasses, Forester #FORESTER-409 or equivalent

2 EA $ $

BL076-22 Page 14

Est.

Annual

Qty.

Manufacturer Name

& Product Number

(if bidding equivalent)

Packaging (if different)

Delivery

ARO

Unit

Price

Total

Price

Apron Style Chainsaw Chaps, Forester #Chap437-O or equivalent

27 EA $ $

Steel Toe Covers, 4.5”, Magid #702- TG or equivalent

2 EA $ $

Section F Total $

BID TOTAL (SECTIONS A - G) $

BL076-22 Page 15

BID SCHEDULE

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 August 17, 2022.

Unless otherwise noted, bid prices will remain firm for four (4) 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 Renewal Option 3: % Increase % Decrease Explanation Renewal Option 4: % Increase % Decrease Explanation

Certification Of Non-Collusion in Bid Preparation Signature Date

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within ninety (90) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote 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

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number

E-Mail Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

BL076-22 Page 16

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 Date

Contact Person Telephone

2. Company Name

3. Company Name

Company Name

BL076-22 Page 16

BL071-19 Purchase of Personal Protective Safety Equipment on an Annual Contract Page 17

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE 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 his/her 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 check one box below)

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. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

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

7.14.17

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

LISTING.

BL076-22

Buyer Initials: CW

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

SIGNATUR

***ATTENTION***

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

RESPONSIVE AND AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

2. FAILURE TO RETURN APPLICABLE COMPLIANCE SHEETS/SPECIFICATION

SHEETS.

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. THE COUNTY SHALL BE THE SOLE DETERMINANT OF TECHNICALITY VS. NON-

RESPONSIVE BID.

6. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN BID BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS ARE NOT

REQUIRED ON ALL BIDS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE

INVITATION TO BID. IF YOU NEED CLARIFICATION, CONTACT THE PURCHASING

ASSOCIATE. IF BONDS ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS BID

DOCUMENT.

7. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN

REQUIRED, MAY RESULT IN BID BEING DEEMED NON-RESPONSIVE AND

AUTOMATIC REJECTION. CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT

REQUIRED ON ALL BIDS. IF YOU NEED CLARIFICATION, CONTACT THE

PURCHASING ASSOCIATE.

GWINNETT COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

A. Each bidder shall examine the drawings, specifications, schedule and all instructions.

Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. With the exception of 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 contract award by the Board of Commissioners. 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.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal but are contained for informational purposes only. If awarded, the successful bidder(s) will be required to complete them prior to contract execution.

E. 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 your bid/proposal 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 bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

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

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday, and holidays in the number).

III. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Gwinnett County

Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids 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 company 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 bidder’s request and expense if items are not destroyed by testing.

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

E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

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

G. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which have been signed. The County will determine this.

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

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

V. WITHDRAWAL OF BID DUE TO ERRORS

The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days after the conclusion of the bid opening procedure.

Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually 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 bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid.

No bidder who is permitted to withdraw a bid 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 was submitted.

Supplier has up to forty-eight (48) hours to notify the Gwinnett County Purchasing Office of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening.

Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period.

Suppliers who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

Bid 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, which fails to meet the specifications, shall be borne by the bidder.

VII. F.O.B. POINT

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items 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.

VIII. PATENT INDEMNITY

The contractor 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 contractor 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 bid as required in bid package or document. Failure to submit a bid bond with the proper rating will result in the bid 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 an A.M. Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of bids.

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 the lowest responsive and responsible bidder. 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 bidder to perform, and the bidder 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 bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract.

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

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

XII. DELIVERY FAILURES

Failure of a contractor 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 contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor 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 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 invitation to bid.

XIV. REJECTION AND WITHDRAWAL OF BIDS

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

XV. CONTRACT

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

Upon receipt of a bid package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the bidder 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 bid. If no exceptions are stated, it is assumed that the bidder 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 that the consultant a agrees to: (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, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the ethics affidavit, when ethics affidavit is required or such that may be discovered during the pending contract or arrangement; 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. This requirement does not apply to confidential economic development activities pursuant to §50-18-72 or to any development authority for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes and, without limiting the generality of the foregoing, shall specifically include all authorities created pursuant to Title 36 Chapter 62;

However, per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of interest by development authority board members is required.

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the contractor, 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. In the event that Gwinnett County fails to pay the contractor within sixty (60) days of receipt of a pay requested based upon work completed or service provided pursuant to the contract, the County shall pay the contractor 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 contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION

Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each bidder.

Collusion and fraud in bid 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 contractor upon non-performance or violation of contract terms.

An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his bid, 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 contractor of the contractor’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 contractor. In the event of the County’s termination of this agreement for convenience, the contractor 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 contractor, which shall itemize each element of performance.

XX. DISPUTES

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the procurement agent shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XXI. SUBSTITUTIONS

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

XXII. INELIGIBLE BIDDERS

The County may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses or other monies due to the County. Failure to respond to three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.

XXIII. OCCUPATION TAX CERTIFICATE

Each successful bidder shall provide evidence of a valid Gwinnett County occupation tax certificate if the bidder maintains an office within the unincorporated area of Gwinnett County.

Incorporated, out of County, and out of State bidders are required to provide evidence of a certificate to do business in any town, County or municipality in the State of Georgia, or as otherwise required by County ordinance or resolution.

XXIV. PURCHASING POLICY AND REVIEW COMMITTEE

The Purchasing Policy and 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 suppliers and contractors on the Ineligible Source List for reasons listed in Part 6, Section II of the Gwinnett County Purchasing Ordinance.

XXV. AMERICANS WITH DISABILITIES ACT

All contractors 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 with 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 Susan Canon, Human Relations 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 firm’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 contractors of their use tax liability on public works projects. Under Georgia law, private contractors 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, e.g., the installation of sheetrock, it becomes taxable to the private contractor.

See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63

XXVIII. STATE 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) for the County, must satisfy the Illegal Immigration Reform Enhancements for 2013, in all manner, and such are conditions of the contract.

The Purchasing Division Director with the assistance of the Performance Analysis Division shall be authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform Enhancements for 2013 and the rules and regulations of the Georgia Department of Labor. The contractor and subcontractors shall retain all documents and records of its compliance for a period of five (5) years following completion of the contract.

This requirement shall apply to all contracts for all 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 contractor’s or subcontractor’s records are not sufficient to verify the work eligibility of any individual in the employ of such contractor 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 contractor/or subcontractor is no longer in compliance with the Illegal Immigration Reform Enhancements for 2013.

State Law requires that all who enter into a contract for public works as defined by O.C.G.A. 36-

91-2(10) for the County must satisfy the Illegal Immigration Reform Enhancements for 2013, in all manner, and such are conditions of the contract.

By submitting a bid to the County, contractor agrees that, in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor 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 are in compliance with the Illegal Immigration Reform Enhancements for 2013.

Original signed, notarized Subcontractor Affidavits and Agreements must be submitted to the County.

The Purchasing Division Director with the assistance of the Performance Analysis Division shall be authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform Enhancements for 2013 and the rules and regulations of the Georgia Department of Labor. The contractor and subcontractors shall retain all documents and records of its compliance for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the public works as defined by O.C.G.A. 36-91-2(10) where any persons are employed on the County contract.

Whenever it appears that a contractor’s or subcontractor’s records are not sufficient to verify the work eligibility of any individual in the employ of such contractor or subcontractor, the Purchasing Director shall report same to the Department of Homeland Security.

A contractor’s failure to participate in the federal work authorization program as defined by the Illegal Immigration Reform Enhancements for 2013 shall be sanctioned by termination of the contract. If it is determined that a subcontractor is not participating in the federal work authorization program as defined by the Illegal Immigration Reform Enhancements for 2013, Gwinnett County may direct the contractor to terminate that subcontractor. A contractor’s failure to follow Gwinnett County’s instruction to terminate a subcontractor that is not participating in the federal work authorization program as defined by the Illegal Immigration Reform Enhancements for 2013 may be sanctioned by 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. Section 43-41-17).

XXXI. PRODUCTS MANUFACTURED IN GEORGIA

Gwinnett County, when contracting for or purchasing supplies, materials, equipment, or agricultural products that exceeds $100,000.00, excluding beverages for immediate consumption, 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.