Howard County, Maryland 1 Office of Procurement

Via eProcurement System

Rev. 9/3/21

PURCHASE ORDER TERMS AND CONDITIONS

The following terms and conditions apply to all Purchase Orders issued by Howard County and are applicable to all purchases made as a result of this solicitation.

1 No purchase of materials, supplies, equipment, and/or services will be recognized unless made through the Office of Procurement and

Contract Administration.

2 The County may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary.

3 The terms and conditions of sale as stated in this Purchase Order govern in the event of conflict with any terms of the Contractor's bid, and are not subject to change by reason of any written or verbal statements by the Contractor or by any terms stated in the Contractor's acknowledgement without prior written authority from the Office of Procurement and Contract Administration.

4 If the price is omitted on the Purchase Order, except where the Purchase Order is given in acceptance of quoted prices, it is agreed that Contractor's price will be the lowest prevailing market price and in no event is this Purchase Order to be filled at higher prices than last previously quoted or charged without prior written authority from the Office of Procurement and Contract Administration.

5 If requested, the Contractor shall acknowledge the order promptly and provide a delivery date.

6 Invoices must show Delivery Address and Purchase Order number, and indicate if it represents partial or complete billing. Separate invoices must be rendered for each Purchase Order. Invoices shall include the following information:

6.1 Contractor’s name;

6.2 Address;

6.3 Federal tax identification number;

6.4 Contract number, if applicable (the first two digits are 44XXXXXXXX);

6.5 Purchase Order number (the first digit is 2XXXXXXXXX);

6.6 Contract line number, if applicable;

6.7 Unit price and extended price (if applicable, the unit price must match a line on the Contract); and

6.8 Description of goods provided and/or services performed.

7 The County has the right to refuse to make payment on any invoice unless and until verification of receipt by the County can be determined. The County's payment for any material shall not constitute acceptance of the material or a waiver of any of the County's rights.

8 No freight/delivery/fuel charges will be paid by the County unless specifically provided for in the Purchase Order.

9 The County will not pay for packaging, boxing or cartage. Damage resulting from improperly packaged material will be charged to the Contractor.

10 The County reserves the right to cancel this Purchase Order or, any part thereof, without obligation, if delivery is not made or services completed at the time(s) specified.

11 This Purchase Order shall be governed and construed in accordance with the law of the State of Maryland without regard to any choice of law principles.

12 All deliveries and services furnished under this Purchase Order must be of the quality specified or in the event no quality is specified, must be the best of their respective kinds, and will be subject to inspection and approval of the County within a reasonable time after delivery of goods or completion of services. When manufacturing specifications are referred to in this Purchase Order, such specifications shall be deemed to be an integral part hereof as if duly set out herein. Goods and services shall be replaced at no additional charge to the County if they prove to be defective and/or not in accordance with specifications. Rejected materials shall be returned at the risk and expense of the Contractor. If the County does not desire replacement, the Contractor shall issue a full credit.

13 Requirement as to Materials, Contractor's Responsibilities and Warranties:

13.1 The Contractor warrants and agrees that all materials supplied hereunder shall be manufactured and produced in compliance with the laws, regulations, codes, terms, standards and/or requirements of all Federal, State and local authorities and all other authorities having jurisdiction, and that performance of this Purchase Order shall be in accordance with the above laws, regulations, codes, terms, standards, and/or requirements, and agrees, upon request, to furnish the County a certificate of compliance in such forms as the County may require.

13.2 The Contractor warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered and Contractor agrees to indemnify and hold the County harmless from any and all liability, loss or expense occasioned by such a violation.

14 The quantity of materials, and/or services, must not be exceeded without prior written authority from the Office of Procurement and Contract Administration.

Howard County, Maryland 2 Office of Procurement

Rev. 9/3/21

15 Substitutions are not allowed without prior written authority from the Office of Procurement and Contract Administration.

16 If required, a sufficient number of shop drawings and/or catalog data shall be furnished to the County within 15 days (unless otherwise specified) for necessary approval.

17 In the event any article sold and delivered hereunder shall be defective in any respect whatsoever, the Contractor will indemnify and save harmless the County from all losses or expenses by reason of all accidents, injuries or damages to persons or property resulting from the use of such article or which are contributed to by said defective condition.

18 The Contractor shall indemnify and hold harmless the County, its employees, agents and officials from any and all claims, losses or expenses resulting from any accidents, injuries or damages to persons or properties, suits or demands including reasonable attorney fees which may be made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of this Purchase Order by the Contractor or anyone under agreement with the Contractor to perform duties under this Purchase Order. The Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials. Any property or work to be provided by the Contractor under this Purchase Order will remain at the Contractor’s risk until written acceptance by the County; and the

Contractor will replace, at the Contractor’s expense, all property or work damaged or destroyed by any cause whatsoever.

19 Liability for Damage: If this Purchase Order calls for work to be performed upon property owned or controlled by the County it is understood and agreed that:

19.1 Mechanic's Liens: The Contractor will keep the premises and work free and clear of all mechanic's liens, and furnish the County certificate and waiver as provided by law.

19.2 Property and Casualty Losses: The work will remain at the Contractor's risk prior to written acceptance by the County and the Contractor will replace at its own expense all work damaged or destroyed by fire, force or violence of the elements or any cause whatsoever.

19.3 Injury to Contractor’s Personnel: The Contractor understands and agrees that they are the sole employer of all persons employed by Contractor to perform services under this Purchase Order and agrees on behalf of itself and its workers’ compensation insurer that the County is not a dual employer of such personnel. If Contractor is hiring independent contractors or subcontractors to perform services under this Purchase Order, Contractor shall assure that all such persons are properly covered under Maryland workers’ compensation law and will indemnify, save harmless and defend the County from all workers’ compensation claims filed by such persons against the County.

19.4 Workers’ Compensation Insurance: During the term of this Purchase Order, the Contractor will provide workers’ compensation insurance in compliance with Maryland law for its employees and shall be responsible to verify workers’ compensation coverage for all independent contractors and subcontractors. Contractor shall indemnify the County for any uninsured losses relating to contractual services under this Purchase Order and subsequent amendments.

20 Bankruptcy: In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the Contractor including any proceedings under the Chandler Act, or in the event of the appointment, with or without the Contractor's consent, of an assignee for the benefit of creditors or of a receiver then the County shall be entitled to cancel any unfilled part of this Purchase Order without any liability whatsoever.

21 Equal Employment Opportunity: The County requires that the Contractor not discriminate against any employee or applicant for employment because of race, creed, religion, physical or mental handicap, color, sex, national origin, age, occupation, marital status, political expression, gender identity/expression, sexual orientation or personal appearance. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated fairly and equally during employment with regard to the above.

The Contractor warrants that, within the previous 12 months, it has not engaged in unlawful employment practices as set forth in Section

12.208 of the Howard County Code, Section 19 of Article 49B of the annotated Code of Maryland or Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.

22 Material Safety Data Sheet (MSDS): If the work to be performed under this Purchase Order requires the use of any product that contains any ingredient that could be hazardous or injurious to a person's health, a MSDS must be provided to the Office of Procurement and

Contract Administration, 6751 Columbia Gateway Drive, Suite 226, Columbia, Maryland 21046.

23 Termination

23.1 Termination for Convenience: The County may terminate this Purchase Order, in whole or in part, if the County determines that such termination is in the best interest of the County, without showing cause, upon giving at least 30 days written notice to the Contractor. The County shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price bid for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

23.2 Termination for Default: When the Contractor has not performed or has unsatisfactorily performed one or more material terms of the Purchase Order, the County may terminate the Purchase Order for default. Upon termination for default, payment may be withheld at the discretion of the County. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Purchase Order. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder. The Contractor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in reprocuring and completing the work.

Howard County, Maryland 3 Office of Procurement

GENERAL CONDITIONS

1 DEFINITIONS:

1.1 Addenda – Formal alteration of a solicitation or Agreement in writing (When applicable, Addenda are available on the Office of Procurement and Contract Administration website or eProcurement system.)

1.2 Agreement – The Invitation For Bid documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders

1.3 Alternate Bids – A second bid for a single item that intentionally offers a substitute product or service that varies from the stated specifications

1.4 Bid – All information submitted by the Contractor in response to this solicitation

1.5 Bidder – Any entity that submits a response to this solicitation

1.6 Buyer – The County’s Procurement Representative for the resulting Agreement

1.7 Certified Local Business – A business which has been certified by the County verifying its principal place of business in Howard County. Firms can register at https://www.howardcountymd.gov/procurement-contract-administration/local-business-initiative.

In order to be considered a Certified Local Business for bidding purposes, eligible firms must be certified by the County prior to bid opening or must have submitted a completed certification application prior to bid opening, determining eligibility under the Local Business Initiative program.

1.8 County – Howard County, Maryland

1.9 County Purchasing Agent – The Chief Administrative Officer for the County

1.10 Contractor – Any bidder; most often the successful bidder

1.11 Designee – Specifically appointed alternate signatory or decision maker

1.12 Invitation For Bid (IFB) – All documents identified in the Table of Contents, including any addenda

1.13 Equal Business Opportunity (EBO) – The County’s minority business enterprise program

1.14 Issuing Office –The Howard County Office of Procurement and Contract Administration

1.15 Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods

1.16 Solicitation – The Invitation For Bids

1.17 User Agency – County department or office for which goods and/or services are being purchased

2 RESERVATIONS:

2.1 The County reserves the right to reject any or all bids or parts of bids when, in the County

Purchasing Agent's or Designee’s reasoned judgment, the public interest will be served thereby.

2.2 The County Purchasing Agent or Designee, with the approval of the County Executive, may waive formalities or technicalities in bids as the interest of the County may require.

2.3 The County Purchasing Agent or Designee reserves the right to increase or decrease the quantities to be purchased at the prices bid. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

2.4 The County Purchasing Agent or Designee reserves the right to award Agreements or place orders on a lump sum or individual item basis, or such combination as shall, in the County

Purchasing Agent’s or Designee’s judgment, be in the best interest of the County.

2.5 The County Purchasing Agent or Designee may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase estimated maintenance https://www.howardcountymd.gov/procurement-contract-administration/local-business-initiative

Howard County, Maryland 4 Office of Procurement and repair cost to the County.

2.6 The County Purchasing Agent or Designee may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

2.7 When it is in the County’s best interest, the County reserves the right to award contracts to

Certified Local Businesses submitting a competitive bid, if their bid price is within 10% of the lowest responsive and responsible bidder

3 COMPETITION:

3.1 The name of any manufacturer, trade name, or manufacturer or vendor catalog number mentioned in this solicitation is for the purpose of designating a minimum standard of quality and type. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality of the specifications unless otherwise stated in the solicitation.

3.2 A Contractor may offer only one price on each item. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor. Alternate bids are prohibited and will be rejected.

4 UNBALANCED BIDS: A Bid shall be mathematically unbalanced if the Bid contains unit pricing that does not reflect reasonable costs (including actual labor and material cost, overhead and profit) for the performance of the bid item(s) in question. A bid shall be materially unbalanced if there is a reasonable doubt that award of the mathematically unbalanced Bid will result in the lowest ultimate cost to the

County. A Bid that is, in the sole discretion of the County Purchasing Agent both mathematically and materially unbalanced, may be rejected as non-responsive.

(An example would be bidding overhead labor rates below regular time rates, or bidding laborer rates above Supervisor or Foreman rates. Another example is bidding a 1-gallon container of a product higher than a 5-gallon container of the same product.)

5 PERIOD OF VALIDITY: Unless otherwise specified, all formal bids submitted shall be irrevocable for

120 days following the bid opening date, unless the Contractor, upon request of the County Purchasing

Agent or Designee, agrees to an extension. Bids may not be withdrawn during this period.

6 SUBMISSION OF BID:

6.1 The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

6.2 If a discrepancy in or omission from the specifications is found, or if a Contractor is in doubt as to their meaning, or feels that the specifications are discriminatory, the Contractor shall notify the Buyer in writing not later than ten days prior to the scheduled opening of bids. Exceptions taken do not obligate the County to change the specifications.

6.3 The County will assume no responsibility for oral instructions or suggestions. All official correspondence in regard to the specifications shall be directed to and will be issued by the

Issuing Office.

6.4 All bids shall be submitted electronically through eProcurement system. Bids submitted in any other format shall be rejected.

Howard County, Maryland 5 Office of Procurement

7 METHOD OF ORDERING:

7.1 Purchase Orders will be issued from time to time for such quantities as may be required by the

County. Purchase Orders issued against the Agreement, even if not completed within the term of the Agreement, shall continue to be bound by the terms and conditions until completion.

7.2 Purchases may also be made with the County’s procurement card (currently Visa). The

Contractor agrees to accept the card for such quantities as may be required by the County.

Contractors are prohibited from charging additional fees over and above their bid prices to process payments on procurement cards.

8 DELIVERY:

8.1 Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.

8.2 All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the bid, unless otherwise stated in the solicitation.

8.3 The County Purchasing Agent or Designee reserves the right to charge the Contractor for each day the supplies or services are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the County Purchasing Agent or Designee and said sum to be taken as liquidated damages and deducted from the final payment or charged back to the Contractor.

8.4 The County Purchasing Agent or Designee reserves the right to procure the supplies/services elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies/services may be charged against the Contractor and deducted from any monies due or which may become due.

9 GOVERNING LAW:

9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of

Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of Maryland.

9.2 The laws of Maryland and Howard County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

10 PROTEST: Any protest concerning the award of an Agreement shall be decided by the County. Protests shall be made in writing to the Issuing Office and shall be filed within ten days of issuance of award notification. A protest is considered filed when received by the Issuing Office. The written protest shall include the name and address of the protestor, identification of the procurement, a statement of the specific reason for the protest and supporting exhibits. The Issuing Office will respond to the written protest within ten days. The County’s decision is final.

11 DISPUTES: In cases of disputes as to whether or not an item or service quoted or delivered meets specifications, the decision of the County Purchasing Agent or Designee shall be final and binding on all parties. All other disputes arising under or related to the Agreement will be resolved, to the extent possible, by negotiation and settlement between the parties. Pending resolution, the Contractor shall proceed diligently with performance of the Agreement unless otherwise directed in writing.

12 AUTHORITY: Solicitations are issued pursuant and subject to the provisions of Article VIII, Howard

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Rev. 9/3/21

County Charter; Sections 4.100 through 4.123, Howard County Code, 2003; and the rules and regulations as prescribed by the County.

13 FAIR LABOR STANDARDS ACT: [if applicable, for commodities only or a services contract with discount off of parts]. All goods against this order must be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended including Section 6, 7 and 12, and regulations and orders issued under Section 14 thereof.

14 CASH DISCOUNTS: If applicable, cash discounts will be taken into consideration in determining the award. However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of bid pricing. A bid offering a cash discount in a period of less than

30 days will be evaluated as a bid without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.

15 UNIT PRICES: Unless the Contractor clearly shows that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the bid will be refigured accordingly.

16 NON-WAIVER: Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

17 PATENTS: If applicable, the Contractor shall defend any suit or proceeding brought against the County so far as, or on any part thereof, furnished under this Agreement which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information and assistance (at the Contractor's expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.

18 MARYLAND REGISTRATION: Contractors must be registered to do business in, and must be in good standing, in the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: www.dat.state.md.us/ or by calling

410-767- 1184 or Toll Free 888-246-5941.

19 AVAILABILITY OF FUNDS: The contractual obligation of the County under this Agreement is contingent upon the availability of appropriated funds from which payment for this Agreement can be made.

20 INTEGRATION AND MODIFICATION: This solicitation, the Contractor's response to this solicitation, subsequent Purchase Order(s), and, if applicable, the legal Agreement represents the entire understanding between the parties. Any additions or modifications shall only be made in writing and executed by both parties.

21 AGREEMENT: [Only applicable to service contracts over $30,000.00]

21.1 The County and Contractor must execute an Agreement resulting from the award of this solicitation. This process typically takes approximately three weeks from the date the successful

Contractor is identified. In order to expedite this process, a sample standard Agreement is attached for review as part of this solicitation. Exceptions, if any, to the County’s standard

Agreement, Exhibit I, must be noted in the bid to be considered during evaluation. Exceptions to the County’s standard Agreement may result in rejection of the bid. The County will not

Howard County, Maryland 7 Office of Procurement accept any exceptions to the Agreement after the opening date and time of this solicitation.

21.2 Each bid shall be accompanied by the Affidavit regarding price fixing, gratuities, bribery, and discriminatory employment practices in accordance with Section E.1.c. (3)(b) of the Howard

County Purchasing Manual. When the Contractor is a corporation, a duly authorized representative of said corporation shall execute the Affidavit. The Affidavit is provided in the solicitation package.

21.3 Do not fill in or sign the sample Agreement attached as Exhibit I. The County will prepare an

Agreement specific to this solicitation for execution by the successful Contractor.

22 NON-ASSIGNMENT OF AGREEMENT: Neither the County nor the Contractor shall assign, sublet or transfer its interest or obligations under the resulting Agreement to any third party, without the written consent of the other. Nothing herein shall be construed to create any personal or individual liability upon any employee, officer or elected official of the County, nor shall the resulting Agreement be construed to create any rights hereunder in any person or entity other than the parties to this Agreement.

23 AWARD NOTIFICATION:

23.1 Award notification will be made by U.S. Mail, e-mail, or a combination thereof.

23.2 The awarded Contractor(s) will be required to return an Insurance Certificate naming “Howard

County, Maryland, its officials, employees, agents and volunteers” as Certificate Holder and as

Additional Insured, the executed Agreement, the completed EBO Schedule of Participation, and the Maryland Registration Certificate of Good Standing.

24 PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION:

24.1 The County operates under a public information law, which permits access to most records and documents.

24.2 Bids will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the bid to facilitate public inspection of the nonconfidential portion of the bid. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the Maryland Access to Public Records Act, State Government Article, Sections 10-611 through 10-628, of the

Annotated Code of Maryland.

25 COOPERATIVE PURCHASE:

25.1 The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any Agreement resulting from this solicitation to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The Contractor agrees to notify the issuing body of those entities that wish to use any Agreement resulting from this solicitation and will also provide usage information, which may be requested.

25.2 The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any Agreement resulting from this solicitation. All purchases and payment transactions will be made directly between the Contractor and the requesting entity.

Any exceptions to this requirement must be specifically noted in the bid response.

Howard County, Maryland 8 Office of Procurement

26 ENVIRONMENTALLY PREFERABLE PRODUCTS: The County shall give a percentage price preference not exceeding 5% for the purchase of environmentally preferable products. The percentage price preference will not apply if doing so will cause a denial of Federal or State funding or is inconsistent with Federal or State law.

27 TERMINATION:

27.1 Termination for Convenience: The County may terminate this contract, in whole or in part, if the

County determines that such termination is in the best interest of the County, without showing cause, upon giving at least 30 days written notice to the Contractor. The County shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price bid for the work performed. The

Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

27.2 Termination for Default: When the Contractor has not performed or has unsatisfactorily performed one or more material terms of the contract, the County may terminate the Purchase

Order for default. Upon termination for default, payment may be withheld at the discretion of the County. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the contract. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder. The Contractor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in reprocuring and completing the work.

28. AMERICAN MANUFACTURED GOODS REQUIRED FOR PUBLIC WORKS:

28.1 The Contractor shall comply with Section 14-416 of the Maryland State Finance and

Procurement Article which requires a Contractor or subcontractor to use or supply American

Manufactured goods in the performance of a contract for (a) constructing or maintaining a public work; or (b) buying or manufacturing machinery or equipment that is to be installed at a public work site, as the same may be amended from time to time.

28.2 This section does not apply: (a) if the County determines that: (i) the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by an unreasonable amount; (ii) the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities; (iii) the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States;

or (iv) the procurement of a manufactured good would be inconsistent with the public interest;

or (b) to emergency life safety and property safety goods.

28.3 The Contractor shall certify to the County whether the offered goods and/or services are provided in the United States.