BL093_25 INV.pdf

June 25, 2025

BL093-25

INVITATION TO BID

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified contractors for the Provision of Respite Care & Personal Care to Gwinnett County Residents on an Annual Contract with four (4) additional one-year options to renew for the Gwinnett County Department of Community 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 July 21, 2025, at the Gwinnett County Financial Services - Purchasing Division – 4th Floor Charlotte J. Nash Building, 75 Langley Drive, Lawrenceville, Georgia 30046. NOTE THAT THE PURCHASING DIVISION HAS TEMPORARILY RELOCATED.

ALL BIDS MUST BE SUBMITTED AT THIS LOCATION. Any bid received after this date and time will not be accepted. 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 the website www.gwinnettcounty.com.

A Webex pre-bid meeting is scheduled for 10:00 A.M. local time on July 8, 2025. To access, dial 1-408-418-9388, enter Access Code 2330 642 7368. All interested parties are urged to attend. Questions regarding bids should be directed to Jake Scarpone, Purchasing Associate II, at Jake.Scarpone@gwinnettcounty.com or by calling 770-822- 8722 no later than 3:00 P.M. on July 9, 2025. Proposals are legal and binding upon the bidder when submitted.

Successful contractor(s) will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-7 or higher.

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, Gwinnett County Justice and Administration Center, 770-822-8165.

The written bid documents supersede any verbal or written prior communications between the parties. Gwinnett County reserves the right to reject any or all bids, to waive technicalities, and to make an award deemed in its best interest.

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 proposal and appreciate your interest in Gwinnett County.

Jake Scarpone Purchasing Associate II The following pages should be returned with your proposal:

Bid Schedule, Pages 7-10 References, Page 11 Contractor Affidavit, Page 12 Ethics Affidavit, Page 13 Required Contract Provisions For Non-Federal Entity Contracts Under Federal Awards, Pages 14-21 http://www.gwinnettcounty.com/ mailto:Jake.Scarpone@gwinnettcounty.com

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PROVISION OF RESPITE CARE & PERSONAL CARE TO GWINNETT COUNTY RESIDENTS

ON AN ANNUAL CONTRACT

I. BACKGROUND

1. The Department of Community Services’ Health and Human Services Division (HHS) is the designated County Based Agency (CBA) responsible for the provision of senior services for the county. The Gwinnett County Board of Commissioners is seeking qualified providers for respite care and personal care services for Gwinnett County residents. Respite care is provided to caregivers of senior residents suffering from Alzheimer’s disease or another related dementia. The selected provider(s) must demonstrate compliance with the Georgia Department of Human Services’ Division of Aging Services Section 208, and 316 Caregiver, In Home Respite Service, and Personal Care Requirements, and any future revisions. These requirements can be found at https://pamms.dhs.ga.gov/das/hcbs-5300-manual/208/.

2. This program assists clients and the caregivers of individuals residing in Gwinnett County.

The individual must be aged 60 or older and have a medical diagnosis of Alzheimer’s disease or another related dementia. Respite care and personal care services are provided by appropriately trained and/or supervised Georgia Certified Nursing Assistants who attend to the needs of the individual in the same manner as the primary caregiver and in their place of residence.

3. This is an on-demand contract.

A. DEFINITIONS

1. Respite care is defined as the provision of intermittent and temporary substitute care or supervision of frail, functionally impaired and/or cognitively impaired persons on behalf of and in the absence of the primary caregiver, for the purpose of providing relief from stress or responsibilities associated with providing continuous care or supervision, to enable the caregiver to continue the provision of care in the home. Respite care is provided by appropriately trained and supervised paid workers who attend to the needs of the care receiver in the same manner as the primary caregiver, in their place of residence.

2. Personal care is defined as the action of providing personal assistance, stand-by assistance, supervision, or cues for individuals having difficulties with basic activities of daily living such as bathing, grooming, dressing, and/or eating.

3. Caregiver is defined as a family member or other person who normally provides daily care or supervision to a frail or elderly adult with disabilities. The caregiver may or may not reside in the same place as the care receiver.

4. Light housekeeping is defined as the provision of light cleaning such as vacuuming, sweeping, mopping, dusting, assisting with laundry, washing, drying, and storing dishes, bagging, and placing garbage in collection containers. Light housekeeping may also include making beds and changing linens (only while client is out of bed) and cleaning in areas in the home which includes kitchen, bedroom, bathroom, and living room.

https://pamms.dhs.ga.gov/das/hcbs-5300-manual/208/

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II. SCOPE OF WORK

This contract is designated to provide respite care and personal care to seniors, 60 years and older and their caregivers who live in Gwinnett County. The selected provider(s) will receive completed care plans from the County for these designated seniors and their caregivers. Each client will have a different care plan which will include the duration and frequency of service as well as the required tasks to be provided.

The selected provider(s) will identify and schedule staff persons to complete the tasks within the care plan for the duration and frequency listed. Tasks may include, but not be limited to, light housekeeping, assisting with showers or baths, helping in and out of bed, assisting with toileting, providing socialization, assisting with medication reminders and the provision of light meal preparation. Tasks shall be rendered and documented for each visit. Contractor(s) must maintain the service delivery standards, personnel requirements, operating standards, and other requirements as outlined in this scope of work.

A. SERVICE DELIVERY STANDARDS

1. The selected service provider(s) for respite and personal care services must demonstrate compliance with all applicable licensure requirements for private home care providers under the Rules and Regulations of the State of Georgia for the Department of Community Health Private Home Care providers section 111-8-65.10 and any future updates, which can be found at https://rules.sos.state.ga.us/gac/111-8-65 .

2. Prospective clients shall be assessed by Gwinnett County Senior Services for appropriateness and eligibility. They will then be referred to the selected provider for service initiation. All assessments and documents completed by Gwinnett County staff will be housed at Gwinnett County.

3. The selected provider(s) shall comply with all Federal, State, and Local policies regarding confidentiality.

4. Gwinnett County shall provide ongoing care management, service plan, and supervisory visit compliance according to state regulations.

5. Supervisory visits will be completed by the selected service providers. The supervisory visit will be made every 92 days. This visit includes an assessment of the client’s general condition, vital signs, a review of progress, any problems noted, and the client/caregiver’s satisfaction with services. Supervisory documentation will be provided to the In-home Services Program Specialist upon completion of visit. Supervisory visits will be monitored and tracked to ensure the selected agency is staying in compliance. If changes are needed, the In-Home Services Program Specialist and team will confirm changes to the agency via an updated care plan.

6. Gwinnett County will provide continuous quality evaluation of the contract through telephone contact, records review, customer satisfaction surveys and other methodologies. An annual audit will be performed.

7. Termination of respite services and/or personal care services, for a given client, will be determined by Gwinnett County as part of the initial referral and/or appropriate follow up communication(s). If a termination request is provided by the client to the service provider, the service provider will communicate to Gwinnett County for follow up. Confirmation will be sent regarding official termination of the clients respite services.

https://rules.sos.state.ga.us/gac/111-8-65

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8. The successful service provider(s) shall be capable of providing respite and personal care services with a two-hour minimum. The provider(s) will initiate services within ten (10) calendar days from the date of receiving the referral.

9. Services will be provided Monday – Sunday 8:00 a.m. – 6:00 p.m., including pre-approved holidays. Holidays must be pre-approved in writing by Gwinnett County, and service provider(s) will be required to provide a copy of the preapproval when invoicing for services on holidays.

10. The referral to the service provider(s) will consist of a care plan with basic demographics, emergency contact, tasks assigned, frequency and duration, and any pertinent information deemed by Gwinnett County staff.

11. Tasks can include but are not limited to; helping with activities of daily living for which special qualifications/training is required, but for which a licensed health practitioner is not required, including personal care, bathing, lifting, turning, transferring, providing reminders for, light housekeeping, and assistance with self-administration of medications.

12. Weekly schedule of client visits for the upcoming week (including client name, day, approximate time, and scheduled aide) to be received by Contract Monitor NO LATER than Friday prior. Work hours are Monday-Sunday 8:00 a.m. – 6:00 p.m., depending on the need and caregiver request.

13. Gwinnett County shall perform random checks to ensure aides are providing services per the weekly schedule provided by the successful service provider.

14. The use of sub-contractors will not be allowed under this contract.

15. The selected service provider (s) are not required to have a location in Gwinnett County.

B. PERSONNEL REQUIREMENTS

1. The selected provider(s) must meet all staffing rules and regulations cited by licensing agencies. Information and guidelines are located at State of Georgia Rules and Regulations for Private Home Care Providers: 111-8-65-.09(5) https://rules.sos.state.ga.us/gac/111-8-65

2. The selected provider(s) must have a Registered Nurse to meet the State Private Home Care Provider Licensure requirements which are necessary for this contract.

3. The successful service provider(s) and their employees will not provide services to any relative (by blood or marriage) under this contract.

4. The service provider(s) shall provide services with Georgia Certified Nursing Assistants, or equivalent state-approved certification, holding current CPR/FA/AED certification who meets the qualifications and competencies to perform services requested and agreed upon by the client or family.

5. The successful service provider(s) shall be responsible for the required training, certification, and supervision of all personnel used in the performance of the services provided under this contract. Service provider(s) shall be responsible for providing safety equipment and supplies necessary for the protection of their personnel providing services under this contract.

https://rules.sos.state.ga.us/gac/111-8-65

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6. Gwinnett County reserves the right to review the respite and personal care worker staff personnel files. Files shall be reviewed for required information such as employment history, qualifications, job description, documentation of orientation/training and yearly performance review, yearly TB screening, CPR, First Aid, AED certification, Gemalto fingerprinting and criminal background check as well as current Georgia Certified Nursing Assistant Certification or comparable training. Other files to be reviewed may include complaints/incident file for action taken and resolution of complaints, etc.

7. The service provider will provide a substitute in the event of a staff absence for all client visits. No outside guest or person unrelated to the provision of service may accompany or attend client visit, nor should any outside visit beyond scheduled services occur.

8. The selected service provider will maintain continuity with all clients’ schedule and assigned aides. Gwinnett county understands that schedules and aides may fluctuate, but continuity is the goal for all clients serviced through Gwinnett County. When schedules and/or aides fluctuate all selected service providers must notify the In-Home services Program Specialist immediately with the updated aide info, and regarding changes.

9. If an aide habitually changes scheduling, the service provider shall be responsible for addressing the issues with the aide. If a client habitually changes scheduling, Gwinnett County shall be notified by the successful service provider and Gwinnett County shall be responsible for addressing the issues with the client.

10. The Gwinnett Standard requires the provision of exceeding high level of customer services. There may be times when clients need extra assistance with care provided.

The selected respondents will be required to uphold the Gwinnett Standard.

C. OPERATING STANDARDS

1. Activity records and client visit logs which document the services that have been provided must be submitted weekly. These records must include but may not be limited to, the date, arrival time, departure time, task(s) performed, the client signature and the aide’s signature.

These records must be separated by program and be submitted electronically by the end of business day on Tuesday, following the week’s end. End of month deadlines may cause activity records to be due before the Monday following week’s end.

2. The selected service provider(s) will send the activity records to the appropriate staff members which will be assigned by Gwinnett County in orientation. Original activity records are subject to Gwinnett County audit for verification of accuracy and fulfillment during the terms of the contract. The awarded service provider(s) shall require aides providing services to use time tracking technology for accurate verification of services for documentation.

3. Gwinnett County encourages the use of technology to enhance services where appropriate.

Real time tracking systems such as AxisCare, has been proven useful to the enhancement of In-Home services. Any cost associated with the technology will be the responsibility of the awarded service providers.

4. Invoices will be sent in PDF format to disbursements@gwinnettcounty.com and simultaneously to the Gwinnett In-Home Services Program Specialist for verification. The selected service providers will ensure that invoices are separated and categorized based on the specific program.

5. Billing for the previous month shall be received by Gwinnett County no later than two (2) mailto:disbursements@gwinnettcounty.com

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working days following the service month’s end. Late billing for any client cannot be billed past 30 days. There will be no late billing allowed for end of the year, December 31st and end of State fiscal year which is June 30th, due to the New Year and new grant year starting.

6. Selected providers shall cooperate with and provide any information for any other performance related report(s) as required by Gwinnett County.

7. Providers shall be required to respond to periodic surveys administered by Gwinnett County staff to evaluate services.

D. PROGRAM PERFORMANCE EVALUATION

Gwinnett County will provide continuous quality evaluation of the contract through telephone contact, records review, customer satisfaction surveys and other methodologies.

An annual audit will be performed.

III. AWARD

1. It is the intent of the County to award to at least three (3) service providers so that all client needs are met. The lowest responsive and responsible bidder will be the Primary Service Provider, the second lowest responsive and responsible bidder will be the Secondary Service Provider, and the next lowest responsive and responsible bidder will be the Tertiary Service Provider. Clients will be assigned to the Primary Service Provider until they reach their stated capacity. Once the Primary Service Provider has reached their capacity, clients will be assigned to the Secondary Service Provider until they reach their stated capacity. The Tertiary Service Provider will be assigned clients once the Primary and Secondary Service Providers meet their stated capacity. The County reserves the right to award the contract in its best interest. The County also reserves the right to adjust the estimated quantities and delineation of the work due to a failure to execute the work as stated in the bid requirements by any respondent.

2. The awarded service providers must be able to support a minimum threshold of 35 clients.

Bidders must state the number of clients beyond 35 that they can support in the space provided in the Bid Schedule. Once the Primary Service Provider meets their stated threshold, the County will begin assigning clients to the Secondary Service Provider, and so on.

3. References - The selected service providers(s) must have demonstrated success with respite and personal care in residential homes for a client base of 50 or more. A minimum of three

(3) references within the last three years should be provided on the “References” form included herein.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS: The subsequent contract and agreement will be required to include and meet the provisions for Non-Federal Entity Contracts Under Federal Award as outlined on pages 14-21 of this solicitation.

To be considered for award, firms must have a Unique Entity Identifier (UEI) number with SAM.gov. Proof of a valid UEI number should be provided with the firm’s bid. For instructions on how to obtain a UEI number, please refer to Attachment A – Instructions for Requesting a UEI

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COMPANY NAME ______________________________________________________________

BID SCHEDULE

Item # Description

Approx.

Annual

Quantity Unit Price Total Price

Section 1 – Respite Care Services

Provide in-home respite care services to Seniors, Monday – Friday between 8 a.m. & 6 p.m.

9,100 hours $ $

Provide in-home respite care services to Seniors, Saturday & Sunday between 8 a.m.

& 6 p.m.

480 hours $ $

3 Provide in-home respite care services to Seniors, on holidays 98 hours $ $

Sub-Total $

Section 2 – Personal Care Services

Provide in-home personal care services to Seniors, Monday – Friday between 8 a.m. & 6 p.m.

5,200 hours $ $

Provide in-home personal care services to Seniors, Saturday & Sunday between 8 a.m.

& 6 p.m.

336 hours $ $

3 Provide in-home personal care services to Seniors, on holidays 92 hours $ $

Sub-Total $

Total (Section 1 + Section 2) $

NOTES:

1. Unit pricing MUST include all charges associated with service, including trip charges. The awarded service provider shall coordinate service with the Department of Community Services.

*In the space provided below, please state the number of clients beyond the minimum threshold of 35 that your company can support:

__________________________ clients

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

OF BID

BID SCHEDULE CONTINUED

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 notification of award.

Unless otherwise noted, prices will remain firm for four (4) additional one (1) year periods.

• If a percentage increase OR decrease will be a part of this proposal, please note this in the space provided:

1st Renewal Option % increase/decrease (circle one) nd Renewal Option % increase/decrease (circle one) rd Renewal Option % increase/decrease (circle one) th Renewal Option % increase/decrease (circle one)

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

Addendum No. Date Addendum No. Date

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.

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.

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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

Address

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

Representative Signature

Print Authorized Representative's Name

Telephone Number

Email Address

Contact Person (if someone other than the authorized representative listed above)

Telephone Number Email Address

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HOLIDAYS

List all dates that you deem a holiday and for which you will charge holiday rates for services:

COMPANY NAME _____________________________________________________

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REFERENCES

Provide three (3) satisfactory references where work has been completed with a scope and size similar as the proposed project within the past five (5) years. Each reference should include the customer’s name, address with current contact information, dates/duration of the project and a brief description of the project.

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. Customer Name/Address

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Customer Name/Address

Contract Amount $ Start Date

3. Customer Name/Address

Contract Amount $ Start Date

COMPANY NAME

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BL093-25, Provision of Respite & Personal Care Services for Gwinnett County Residents on an Annual Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date

(Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 20

Notary Public My Commission Expires: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Gwinnett County Use Only:

Document ID #

Issue Date:

Initials:

RP037-23 PAGE 25

BL093-25, Provision of Respite & Personal Care Services for Gwinnett County Residents 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

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REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply to all federally funded non-construction contracts.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended, Gwinnett County reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES Initials of Authorized Representative of vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000).

Pursuant to Federal Rule (B) above, when federal funds are expended, Gwinnett County reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Gwinnett County also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Gwinnett County believes, in its sole discretion that it is in the best interest of Gwinnett County to do so. The vendor will be compensated for work performed and accepted and goods accepted by Gwinnett County as of the termination date if the contract is terminated for convenience of Gwinnett County. Any award under this procurement process is not exclusive and Gwinnett County reserves the right to purchase goods and services from other vendors when it is in the best interest of Gwinnett County.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

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Pursuant to Federal Rule (C) above, when federal funds are expended by Gwinnett County on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above?

YES Initials of Authorized Representative of vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The nonfederal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Gwinnett County, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

Not directly applicable to this non-construction contract.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer

BL093-25 PAGE 16

or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

Does vendor agree? YES Initials of Authorized Representative of vendor

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does vendor agree? YES Initials of Authorized Representative of vendor

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

1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

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(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonfederal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Gwinnett, the vendor certifies that during the term and after the awarded term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C.

1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

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(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

(J) Recycled Products. The Resource Conservation and Recovery Act, as amended, (42 U.S.C.

§ 6962 et seq.), requires States and local governmental authorities to provide a competitive preference to products and services that conserve natural resources, protect the environment, and are energy efficient. Recipients are required to procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.

Recovered Materials

The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

(K) Huawei Technology Ban - Section 889 of the 2019 National Defense Authorization Act

(“NDAA”)

• 889(a)(1)(A): directs that agencies may not “procure or obtain . . . any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system.” This limitation was implemented by an amendment to the Federal Acquisition Regulation (“FAR”) published on August 13, 2019.

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• 889(a)(1)(B) directs that agencies may not “enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system.” This limitation was implemented by an amendment to the FAR in July 2019, with an effective date of August 13, 2020.

o Covered telecommunications equipment or services” falls into four categories:

Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any subsidiary or affiliate of either.

When to be used for public safety, government facility security, security of critical infrastructure, or other national security purposes, “video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, . . . Dahua Technology Company” or any subsidiary or affiliate of the aforementioned.

Telecommunications or video surveillance services provided by any of the aforementioned entities.

Telecommunications or video surveillance equipment produced by or provided by an entity the Secretary of Defense ‘reasonably believes’ to be an entity connected to the government of the People’s Republic of China

• 889(a)(1)(B) directs that agencies may not “enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system.” This limitation was implemented by an amendment to the FAR in July 2019, with an effective date of August 13, 2020.

The Contractor agrees to participate in AGENCY’s ban established in compliance with Section 889 of the 2019 National Defense Authorization Act.

(L) § 200.322 Domestic preferences for procurements. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

https://www.ecfr.gov/current/title-2/section-200.322

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(M) The Cargo Preference Act of 1954 at 46 U.S.C. § 55305 and 46 C.F.R. part 381 requirements applies to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels.

The contractor agrees to:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;

b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

Not directly applicable to this non-construction contract. No equipment, materials, or commodities will be purchased.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH

FEDERAL FUNDS – 2 CFR § 200.333

When federal funds are expended for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §

200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR §

200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH COMPLIANCE WITH EPA

REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE

AGREEMENTS, AND CONTRACTS IN EXCESS OF

$100,000 OF FEDERAL FUNDS

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When federal funds are expended for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C.

1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

CERTIFICATION OF NON-COLLUSION STATEMENT

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor’s Name/Company Name:

Address, City, State, and Zip Code:

Phone Number: Fax Number:

Printed Name and Title of Authorized Representative:

Email Address:

Signature of Authorized Representative:

Date: Federal Tax ID #

UEI (SAM) # (12-character)

CAGE Code (5 Digits):__________________________Expiration Date:

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PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s). Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named…