BL101-22 INV

August 24, 2022

INVITATION TO BID

BL101-22

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers for the Provision of Pre-Approved Non-Emergency Medical Transportation of Seniors 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 September 15, 2022 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 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 the website www.gwinnettcounty.com.

A WebEx pre-bid conference is scheduled for 10:00 A.M. local time on August 31, 2022. To access, dial 1- 408-418-9388, enter access code 2345 139 2139. 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. September 2, 2022.

Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Successful vendor 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-5 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 at the Gwinnett County Justice and Administration Center, 770-822-8165.

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

Award will be made to the contractor 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.

Jake Scarpone Purchasing Associate II

JS/km

The following pages should be returned in duplicate as your bid:

Bid Schedule, Pages 7-9 References, Page 10 Contractor Affidavit & Agreement, Page 11 Ethics Affidavit, Page 12 Grant Provisions, Pages 13-20 http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com

BL101-22 Page 2

SCOPE OF WORK

The Gwinnett County Health & Human Services Division is seeking vendors to provide Non- Emergency Medical Transportation to senior and disabled clients throughout the County as part of the Get In Gear Program and the Ride Gwinnett Program. Transportation includes, but is not limited to, transportation for ambulatory persons, individuals in wheelchairs and stretchers.

Contractors may be a state entity, county, regional government entity, private non-profit or for profit vendor.

This is an on-demand contract. Annual quantities on bid schedule are estimates only. Quantities will vary depending upon the needs of the County.

I. Description of Services

A. The Contractor shall provide door-through-door service, a service for persons with significant mobility limitations in which a driver escorts the passenger into the home or destination and may provide assistance with belongings (e.g.

groceries).

B. The Contractor shall provide demand-response service, a non-fixed route service, with passengers contacting the provider in advance to arrange a ride to a location within the provider’s service area.

C. Transport typically occurs from the client’s home to the medical appointment/treatment, place of employment, pharmacy, social service agency, senior center or grocery store and a return trip back home.

D. Services shall be provided Monday – Sunday 6:00 a.m. to 6:00 p.m. Trips outside the regular hours and/or on holidays must be pre-approved by Gwinnett County in writing. Vendor shall be required to provide a copy of the preapproval when invoicing for trips outside regular hours and/or on holidays.

E. Trips shall be limited to within the 437 square mile radius of Gwinnett County. A maximum of 6 trips per year per client may be allowed outside the Gwinnett area to an adjoining county. The trips must be pre-approved by Gwinnett County.

II. Special Provisions

A. Clients shall be pre-approved by Gwinnett staff for non-emergency medical transportation.

B. Some clients may require an escort to assist them on the journey. They shall be identified by Gwinnett County and the requirement will be noted on the trip request. The provider shall be notified when a client will be accompanied by an escort at the time the trip is booked. The provider may charge an additional flat fee for clients’ escorts who have been approved by Gwinnett County.

C. Costs shall be calculated on a per mile basis in accordance with the client’s needs. Mileage shall be verified using Google Maps or a similar calculator to ensure accuracy from one address to another.

D. Trip credits may be used by clients for the calculated trips. Clients will add funds to their account, before utilizing the service, via the Gwinnett County Senior Services Office. Account balance and trip credit information will be handled by Gwinnett County staff.

E. The Contractor shall maintain a fleet of vehicles and drivers must be able to

BL101-22 Page 3 manage daily trip requests as needed. Gwinnett County currently projects roughly 50-90 trips per day Monday-Friday and 0-40 trips per day Saturday-Sunday. These are estimates and are subject to change based on demand.

III. Service Delivery Standards

A. General Standards

1. Providers shall comply with all Federal, State and Local policies regarding confidentiality.

2. Providers shall ensure that vehicles meet registration requirements of the Georgia Public Service Commission to provide transportation services and must maintain throughout the term of the contract.

3. Providers shall meet the insurance requirements stipulated by the Gwinnett County Board of Commissioners.

4. Providers shall maintain a basic consumer profile on each person on the vehicle that must be accessible through dispatch in case of emergency.

5. Providers shall immediately report to Gwinnett County staff, any incident regarding a transportation client, whether related to behavior, safety, or any other reason.

6. Providers shall never collect any monies, tips or co-payments from a client.

7. Providers shall not transport any relative of the vendor or provider (by blood or marriage) as part of the program.

8. Providers shall maintain vehicles in good working condition, safe and clean for the purpose of transporting clients.

9. Gwinnett County reserves the right to inspect any vehicle at any time during this contract period.

10. Ridesharing such as Uber and Lyft services are not an allowable option for this transportation contract.

B. Driver Standards

1. Providers shall ensure that all drivers comply with all Federal, State and Local policies as outlined in the Department of Human Services’ Transportation Manual. This manual is available online at https://odis.dhs.ga.gov/General/Home/DhsManuals?id=843.

2. All drivers transporting clients will be subjected to drug testing, Thales fingerprinting, and background checks as outlined in State Bill 406, and all results must be on file and approved prior to providing any services under this contract.

3. All drivers must have successfully completed the following training:

a. General orientation

b. Consumer service, courtesy, and sensitivity awareness

c. Driver conduct

d. Vehicle orientation & pre-trip inspections https://odis.dhs.ga.gov/General/Home/DhsManuals?id=843

BL101-22 Page 4

e. A certified defensive driving course

f. Proper handling and securing of mobility aids

g. Record keeping requirements

h. Emergency procedures

i. A certified basic first aid & CPR course (current certification must be maintained)

C. Vehicle Requirements

1. Vehicle must be compliant with the Americans with Disabilities Act (ADA)

2. Vehicle must be properly identified with company seal and/or logo

3. Vehicles must adhere to a maintenance schedule that covers interior and exterior cleanliness.

4. Vehicles and all components must comply with or exceed the manufacturer’s Federal and State safety and mechanical operating and maintenance standards for the vehicles and models used for this contract.

5. Vehicle records must be made available to Gwinnett County for periodic audits, with documentation attesting to their road worthiness.

6. Any vehicle found to be non-compliant with Federal, State or Local laws must be removed from service immediately.

D. Operating Standards

1. Pick-up and delivery shall be on-time as scheduled except for extenuating circumstances, which must be communicated to Gwinnett County in writing via email and followed up with a telephone conversation (not a voicemail message) as soon as circumstances allow. Pick-up and drop-off can be up to one hour before and one hour after scheduled appointment time.

2. Driver/Provider shall contact the client 24 hours in advance of the scheduled service to confirm pick-up.

3. Driver shall contact the client 10 minutes prior to arriving at the client’s home or pick-up point.

4. Client shall be expected to respond and board the vehicle within 10 minutes of arrival.

5. Driver shall wait no more than 10 minutes for the ambulatory clients and must report non-response to Gwinnett County staff prior to departure.

This will not apply to door-through-door clients who the driver is expected to assist through the door.

6. Driver/Provider shall immediately notify the client and Gwinnett County staff in the event of unavoidable delays.

7. Driver shall provide client with identification and business card at the time of pick-up.

8. Driver/Provider shall ensure that clients arrive at appointments on time.

Delays must be reported immediately to Gwinnett County staff.

BL101-22 Page 5

9. Late arrivals of more than twenty (20) minutes must be reported to the dispatcher, Gwinnett County staff, and the client.

10. Provider shall be responsible for payment of fees charged to the client by medical practitioners, resulting from late arrival and from provider’s cancellation of a confirmed trip.

11. Whenever a provider transports more than one program client on a trip, the provider must ensure that no client served under this contract is forced to remain in the vehicle for more than forty-five (45) minutes.

12. At no time should a client be left/dropped off at any place other than the scheduled pick-up or drop-off location.

13. Provider shall advise client of alternate pick-up arrangements when necessary. Excessive lateness of the provider will be a measure of performance and may lead to termination of the contract.

14. Termination of transportation services for a given client shall be determined by Gwinnett County. A Provider shall not be able to discharge a client without approval from Gwinnett County staff. Provider should submit written concerns on any client to be followed up by Gwinnett County staff for further evaluation.

15. Manifest shall be sent to Provider by Gwinnett County staff by COB each day. Trips are booked three business days in advance. Provide shall always have a three days’ notice of trips to be provided. All route planning and trip coordination will be completed by the Provider.

IV. Reporting

A. Reports on incidents and/or accidents must be reported verbally to Gwinnett County staff within one hour of the occurrence and followed up in writing via email within 24 hours of the occurrence.

B. The written report must be submitted within 24 hours and police reports within five (5) business days.

C. Written responses to complaints are required within three (3) business days and a complaint log with resolution must be maintained for audit.

D. All trips not accommodated by Provider, for any reason, must be reported to Gwinnett County immediately, but no less than within 15 minutes of pick-up. This includes a direct communication with the County representative designated by Health and Human Services, Program Specialist of Transportation.

E. Vendor shall cooperate with and provide any information fir any other report(s) as required by Gwinnett County.

F. Detailed daily trip information to include, but not limited to: Client name, service site, service hours, mileage, trip information, pick-up & delivery times, and type of trip.

G. Monthly reports are due by the 2nd of each month and shall include:

1. Summary of monthly activity including

a. Mileage;

b. Type and number of trips;

BL101-22 Page 6

c. Unduplicated count of clients transported by category – Ambulatory; Wheelchair; Escorted; Stretcher; Out-of-County

H. Providers shall be required to respond to periodic surveys administered by Gwinnett County staff.

V. Invoicing

A. Invoices shall reference the Purchase Order number; the date(s), and mileage of one-way trip(s) per client, the description of the service (i.e. ambulatory, wheelchair, stretcher), and are to be detailed by line item(s) in the contract.

B. Invoices shall be submitted in PDF format to disbursements@gwinnettcounty.com and copy submitted simultaneously to Gwinnett County Senior Services staff for verification.

C. Invoices for the previous month must be submitted no later than the 2nd day of the following month.

D. Payment terms for this contract will be net 30 from the date of invoice. Vendors have the options to reduce those terms to net 15 by setting up epayable terms via credit card. The vendor will be responsible for any merchant charges that may arise through epayable payment terms.

VI. Program Performance Evaluation

Gwinnett County will provide continuous quality evaluation of the contract through telephone contact, records review, customer satisfaction surveys and other methodologies. Vehicles must be available to Gwinnett County or its agents for inspection at any time. An annual audit will be performed.

VII. References

A minimum of three (3) references of similar size and scope within the last three (3) years should be provided on the “References” form included herein. Vendor should provide documentation to verify continuous and ongoing services from 2019 to 2022.

VIII. Award

It is the intent of Gwinnett County to award the contract to a Primary Service provider and a Secondary Service Provider so that all client needs are met. However, the County reserves the right to award the contract in its best interest. The Primary Service Provider will be the first company to be advised of a client. The County reserves the right to alternate clients to both service providers considering the total number of existing clients and other applicable information to determine when to utilize the Secondary Service Provider. Bother service providers shall be responsible for complying with all requirements listed in this bid.

mailto:disbursements@gwinnettcounty.com

BL101-22 Page 7

COMPANY NAME: ____________________________________________________________

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN BID BEING REJECTED.

BID SCHEDULE

ITEM

# DESCRIPTION

APPROX.

ANNUAL

QTY.

UNIT

PRICE

TOTAL

PRICE

1. Ambulatory Clients 1,000 miles $ $

2. Vehicle Lift and/or Wheelchair Accommodation Clients 34,000 miles $ $

3. Stretcher Service Clients* 50 miles $ $

4. Additional charge for trips outside regular hours (before 6:00 A.M. and after 6:00 P.M.) 1,300 trips $ $

5. Out-of-County – Flat Fee 1,800 EA $ $

6. Escort Charge – Flat Fee 200 EA $ $

7. Additional charge for trips on holidays 150 EA $ $

TOTAL $

NOTES:

1. *Gwinnett County does not currently have any stretcher clients but is requesting pricing for this item in the event that stretcher clients are added. Please list any limitations/requirements you have for this service with your bid.

2. Unit pricing MUST include all charges, including trip charges. The awarded supplier shall coordinate delivery with the Department of Community Services.

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.

BL101-22 Page 8

COMPANY NAME: ____________________________________________________________

BID SCHEDULE CONTINUED

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

Addendum No. Date Addendum No. Date

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 December 11, 2022 or upon award.

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

• If a percentage increase OR decrease will be a part of this bid, please note this in the space provided together with an explanation:

1st Renewal Option increase/decrease (circle one)

2nd Renewal Option increase/decrease (circle one)

3rd Renewal Option increase/decrease (circle one)

4th Renewal Option increase/decrease (circle one)

BL101-22 Page 9

BID SCHEDULE CONTINUED

Certification Of Non-Collusion in Proposal Preparation

(Signature) (Date)

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

Legal Business Name

Federal Tax ID

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

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

Telephone Number Fax Number

E-Mail Address

BL101-22 Page 10

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

BID.

REFERENCES

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

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

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Company Name

BLXXX-21 Page 11

Solicitation Name & No. BL101-22, Provision of Pre-Approved Non-Emergency Medical Transportation of Seniors 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: ______________________

BLXXX-21 Page 12

BL101-22, Provision of Pre-Approved Non-Emergency Medical Transportation of Seniors on an Annual

Contract

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

BL101-22 Page 13

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.”

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?

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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 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.

BL101-22 Page 15

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.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(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.

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(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.

(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.

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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.

• 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

BL101-22 Page 18 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.

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

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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.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

CERTIFICATION OF COMPLIANCE WITH COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO

GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS IN EXCESS OF $100,000 OF

FEDERAL FUNDS

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.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

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.

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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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STANDARD INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy

5. Gwinnett County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies.

6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation.

7. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit.

European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s

BL101-22 Page 22 broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

9. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the County to verify the compliance with these insurance requirements.

12 All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the County.

13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

15. The Contractor shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from…