BL103_25 INV.pdf

BL103-25 Page 1

August 1, 2025

INVITATION TO BID

BL103-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified suppliers for the Purchase of Shelf Stable Meals 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 August 19, 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. 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.

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. local time on August 8, 2025. Bids 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 at the Gwinnett County Justice and Administration Center, 770-822-8165.

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

Award will be made to the supplier 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

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 6-9

References, Page 10 Code of Ethics, Page 11 Contractor Affidavit, Page 12 Contract Provisions, Pages 16-27 http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com http://www.gwinnettcounty.com/

BL103-25 Page 2

SPECIFICATIONS AND REQUIREMENTS

The Gwinnett County Department of Community Services’ Health and Human Services Division is seeking qualified vendors to provide 5-day, 7-day, and 14-day shelf stable meal kits on an annual contract. These kits are provided to senior citizens throughout Gwinnett County, and are primarily used in times of inclement weather or other events that make it difficult or impossible to deliver hot meals.

I. BACKGROUND

1. The Congregate Nutrition Service for the Aging Services Nutrition Program is funded under Title III, Part C, Subpart 1 of the Older Americans Act of 1965, as amended. Shelf stable meals are an extension of the Congregate Nutrition Service for the Aging Services Nutrition Program.

2. The program is administered locally through the Gwinnett County Department of Community Services’ Health and Human Services Division which is seeking bids for the provision of shelf stable meals on an annual contract.

II. SCOPE OF SERVICES

1. The quantities shown are approximate and are not guaranteed. The County reserves the right to order shelf stable meals on an as-needed basis. However, there may be times where meals are not needed at all.

2. Each meal is to assure program participants a minimum of one-third (1/3) of the current Recommended Dietary Allowances for individuals age 51+ as established by the Food and Nutrition Board of the National Academy of Sciences/National Research Council as evidenced by menu standards or nutrient analysis in accordance with the Georgia Department of Aging Online Directives Information System (hereinafter referred to as “ODIS) Section 304 Appendix 304-B Georgia Nutrition Program Nutrient Targets for Meals.

III. METHOD OF AWARD

The County reserves the right to make award in its best interest by line item, section, or to the overall lowest bidder.

IV. BID REQUIREMENTS

1. EXPERIENCE

a. The awarded vendor must have a minimum of two years’ experience providing shelf stable meals within the past five years.

2. MANAGEMENT AND STAFFING

a. Successful vendor must have the appropriate number of staff and supervisory personnel necessary to fulfill the terms of this contract.

b. Successful vendor should assign a contact person or team to accept and process orders for this contract.

Successful vendor must notify Gwinnett if this contact should change at any point during the contract period.

c. Menus shall be developed or acquired by a registered dietician. Bidders should provide copies of all finalized menus and nutritional analysis for each with their bid.

3. MEAL SAMPLES

a. Two samples of each meal kit proposed for line items 1-3 of the Bid Schedule for program use should be provided upon the County’s request within three (3) business days and at no cost to Gwinnett County.

Samples will not be returned. Failure to submit samples as requested may result in bid being deemed nonresponsive.

4. CONTRACTOR RESPONSIBILITIES

a. The awarded contractor must deliver meals FOB Destination Prepaid and Allowed to Gwinnett Senior Services Center, 567 Swanson Drive, Lawrenceville, Georgia 30046. This location accepts deliveries Monday through Friday, 7 a.m. to 2 p.m. This location has a loading dock.

b. The awarded contractor must comply with nutritional requirements as established by the Department of Aging APD-06-04, Attachment B, Client and Community Services – Nutrition Services Menu Standards.

i. All meal packs must provide at least:

1. No fewer than 1,310 calories

BL103-25 Page 3

2. Six (6) oz. meat or equivalent

3. 4-6 servings bread and cereal (2 whole grains)

4. Six (6) servings fruit, vegetables, and/or juice

5. Two (2) packages of powdered milk providing 8 oz. of milk per package

6. Other nutrition requirements per ODIS Section 304, Appendix 304-B Georgia Nutrition Program Nutrient Targets for Meals:

• Shelf stable, dehydrated, chilled and frozen meals must meet the nutrient targets outlined in Appendix 304-B and applicable temperature standards.

• Package labeling must be legible and show the packaging date, list of food items, storage instructions, and instructions for preparation of, safe thawing and reheating, or reconstituting.

• Nutrient targets may be met as a monthly average, +/-10% (Table 304-F-1) based on 2015 – 2020 Dietary Guidelines for Americans averaged for individuals 51+.

c. Each meal shall include no more than one sugar-sweetened item.

d. Each meal shall have no refrigeration or heating required and will have a minimum shelf life of one year.

e. Packaging Requirements:

i. Cans are to be easy to open and have pull-tabs (note exceptions in bid if not possible).

ii. Canned goods are to be labeled with the expiration date whenever possible.

iii. Canned fruits are to be USDA Grade A.

iv. Meats are to be graded by USDA.

v. Fruit and vegetable juices are to be 100% pure juice.

vi. Dried fruit must be vacuum packed.

f. All products must be ready to eat without preparation, with the exception of non-fat powdered milk.

g. Contractor must pack meals in cartons of sufficient strength for weight of contents and that can be lifted and transported easily.

h. Contractor should include provider identification, “best if used by date” and other inserts in each meal pack as requested by the County.

i. Contractor shall replace missing boxes or damaged food containers.

j. Meals shall be available within fourteen (14) days of ordering.

k. Contractor must offer low sodium and diabetic multi-meal packs.

l. For each meal pack, no menu should be repeated.

m. Contractor shall notify Gwinnett County if production lines switch from normal operation to emergency operation.

5. COUNTY RESPONSIBILITIES

a. The County shall contractor with orders for meals

b. The County shall approve proposed menus

c. The County shall sample and approve foods

d. The County shall monitor the quality and appearance of food

e. The County shall approve changes in meal pack contents prior to changes being made

BL103-25 Page 4

SUPPLEMENTAL INFORMATION

1. Please provide the name and contact information for the employee(s) that will be responsible for servicing our account, if awarded. This contact will be the one receiving all Purchase Orders therefore, must be kept updated so that orders are processed in a timely manner. Gwinnett County must be notified immediately should this contact change at any point during the contract period.

NAME:_________________________________________________________PHONE:__________________________

EMAIL:__________________________________________________________________________________________

2. List the type and number of staff and supervisory personnel available to fulfill the terms of this contract.

3. Vendor shall have a permanent sanitary facility with sufficient space to store and distribute meals in the estimated annual quantity required by this contract. Please list the address below. If more than one (1) facility, please list, including repackaging and/or distribution sites.

4. Detail the method to be used to deliver meals, i.e. vendor’s own truck, freight company, etc.

5. Provide a complete listing of all available food items and menus for shelf stable meals that would be used in fulfilling the terms of this contract. Attach a separate sheet if needed.

COMPANY NAME ________________________________________________________________________________________

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APPENDIX 304-B

BL103-25 Page 6

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

BID SCHEDULE

ITEM

EST ANNUAL

QTY DESCRIPTION

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

SECTION A:

1 5,000 EA Five (5) Day Emergency Meal Kit $ $

2 500 EA Seven (7) Day Emergency Meal Kit $ $

3 500 EA Fourteen (14) Day Emergency Meal Kit $ $

SECTION A TOTAL: $

SECTION B: Gwinnett County does not have a current need for items listed below in Section B. Pricing is being requested should the need arise to purchase five (5) day shelf stable meals for specific dietary need. If ordered the awarded vendor will be expected to provide the requested quantities. Meal kits should be nutritionally planned and analyzed by a registered dietician to comply with the following diets typically seen in a common healthcare facility:

1 1 EA

Diabetic diet - The meals in this menu are calorie-controlled and contain the appropriate amount of carbohydrates for someone with diabetes. Desserts consist of sugar-free options or fruit, to limit the rise of blood sugar levels.)

2 1 EA Carbohydrate restricted diet $ $

3 1 EA Low calorie (1,800 – 2,000 calories per day) diet $ $

4 1 EA Low fat diet $ $

5 1 EA Low cholesterol diet $ $

BL103-25 Page 7

ITEM

EST ANNUAL

QTY DESCRIPTION

DELIVERY

A.R.O. UNIT PRICE TOTAL PRICE

6 1 EA

Sodium restricted diet (Each meal typically contains 700mg of sodium or less and is lower in sodium compared to our regular meals)

7 1 EA Vegetarian (Vegetarian Menu is similar in nutrition content to any regular menu but contains no meat, poultry or fish.) $ $

8 1 EA

Renal Meals – This kidney-friendly menu is designed for those with Chronic Kidney Disease. However, it is not recommended for those on dialysis. Each meal contains a lower sodium and potassium content. All protein foods (meat, poultry, fish) are limited to 2-ounce servings. Cranberry juice is served as a beverage.

9 1 EA

Mechanical Soft Menu – The Mechanical Soft Menu is for those who have difficulty chewing or trouble swallowing. The foods are chopped and any tough, chewy or very dry foods will be avoided.

There are also no raw fruits or vegetables.

10 1 EA Other:

11 1 EA Other:

SECTION B TOTAL: $

GRAND TOTAL (SECTION A + SECTION B): $

NOTE: Pricing MUST contain ALL charges associated with this purchase, including delivery. All deliveries shall be coordinated with the Department of Community Services.

COMPANY NAME ______________________________________________________________________________________

BL103-25 Page 8

BID SCHEDULE CONTINUED

FIRM INFORMATION

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 September 2, 2025 or upon notification of award.

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

• If a percentage increase/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)

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.

Company Name ______________________________________________________________________________________

BL103-25 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 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 Fax Number

E-Mail Address

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

Telephone Number Fax Number

E-Mail Address

BL103-25 Page 10

REFERENCES

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

1. Company Name

Brief Description Of Project

Completion Date

Contact Person

Telephone Number Fax Number

2. Company Name

Telephone Facsimile

3. Company Name

Telephone Facsimile

Company Name

BL103-25, Purchase of Shelf Stable Meals 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 vendor, 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

BL103-25, Purchase of Shelf Stable 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: ______________________

BL103-25 Page 13

VENDOR 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 as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.

• Primary and Non-Contributory Endorsement to be specified in writing

• 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

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

BL103-25 Page 14

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability Bodily Injury by Accident – Each Accident $500,000 Bodily Injury by Disease – Policy Limit $500,000 Bodily Injury by Disease – Each Employee $500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (Higher limits may be required depending on the extent of contract):

Contract Sums:

Contracts up to $999,999 Each Occurrence and Aggregate Limit $1,000,000

Contracts from $1,000,000 to $1,999,999 Each Occurrence and Aggregate Limit $3,000,000

Contracts from $2,000,000 to $4,999,999 Each Occurrence and Aggregate Limit $5,000,000

Contracts Over $5,000,000 Each Occurrence and Aggregate Limit $10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Draw Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five

(5) years or applicable statute of limitation period following completion of the work.

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to the County prior to start of work.

• Gwinnett County Board of Commissioners shall be Additional Insureds.

• Contractor shall be liable for money, securities, or other property of the County.

• Such coverage shall include an owner coverage endorsement for County and

County shall be included as a loss payee.

• Additional Insured Endorsements must be provided with the Certificate of

Insurance

Cyber Liability Insurance (Applies if scope of work includes the storage or transfer of any County data or sensitive data (including but not limited to personally identifiable, health, or payment card data) or the related hosting of database(s) or internet site(s)):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public

BL103-25 Page 15 relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Property Insurance

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance.

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care

Aviation Insurance. (Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft):

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of, Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

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

D. Certificate Holder should read:

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

BL103-25 Page 16

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher. Certain Workers' Comp funds may be accepted subject to the approval of the Gwinnett County 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 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-7 or better.

F. Insurance companies providing coverage should be licensed and authorized to do business by the Georgia with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number, if applicable.

H. 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 compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor shall state that it is primary over any insurance program carried by the County.

J. 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. The Contractor agrees that if for any reason a subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. 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 a 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.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

N. The Contractor shall make available to the County, through its records or the records of its insurer, information regarding any claim related to a County project. Any loss run information relating to a County project will be made available to the County upon its request.

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

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P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

Q. The Contractor shall at a minimum apply risk management practices accepted by the Contractors’ industry.

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

Surety Bonds (If Required)

All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

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REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS

The following provisions are required and apply when federal funds are expended for any contract resulting from this procurement process.

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, 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.

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

(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.

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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.

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, resulting from this procurement process, the vendor certifies that neither it nor its

BL103-25 Page 21 principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

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

(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.

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

(J) § 635.116 Subcontracting and contractor responsibilities—(a) Contracts for projects shall specify the minimum percentage of work that a contractor must perform with its own organization. This percentage shall be not less than 30 percent of the total original contract price excluding any identified specialty items. Specialty items may be performed by subcontract and the amount of any such specialty items so performed may be deducted from the total original contract before computing the amount of work required to be performed by the https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=3&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116

BL103-25 Page 22 contractor's own organization. The contract amount upon which the above requirement is computed includes the cost of materials and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

(b) The STD shall not permit any of the contract work to be performed under a subcontract, unless such arrangement has been authorized by the STD in writing. Prior to authorizing a subcontract, the STD shall assure that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. The Division Administrator may permit the STD to satisfy the subcontract assurance requirements by concurrence in a STD process which requires the contractor to certify that each subcontract arrangement will be in the form of a written agreement containing all the requirements and pertinent provisions of the prime contract. Prior to the Division Administrator's concurrence, the STD must demonstrate that it has an acceptable plan for monitoring such certifications.

(c) To assure that all work (including subcontract work) is performed in accordance with the contract requirements, the contractor shall be required to furnish:

(1) A competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work), and;

(2) Such other of its own organizational resources (supervision, management, and engineering services) as the STD contracting officer determines are necessary to assure the performance of the contract.

(d) In the case of a design-build project, the following requirements apply:

(1) The provisions of paragraph (a) of this section are not applicable to design-build contracts;

(2) At their discretion, the STDs may establish a minimum percentage of work that must be done by the design-builder. For the purpose of this section, the term design-builder may include any firms that are equity participants in the design-builder, their sister and parent companies, and their wholly owned subsidiaries;

(3) No procedure, requirement or preference shall be imposed which prescribes minimum subcontracting requirements or goals (other than those necessary to meet the Disadvantaged Business Enterprise program requirements of 49 CFR part 26).

Pursuant to Federal Rule (J) above, when federal funds are expended by Gwinnett County, resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (J) above.

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

(K) § 635.108 Health and safety—Contracts for projects shall include provisions designed:(a) To insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and(b) To require that the contractor shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of persons working at the site of the project and the safety of the https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116…