IWQ 1-653231 (2) INV

Delivery is F.O.B. destination, prepaid and allowed to: See specifications below.

Informal Written Quotations are being solicited from qualified suppliers for the following item(s). Informal Written Quotations may be returned via email to:

jake.scarpone@gwinnettcounty.com. If you have any questions, please contact me at (770) 822-8722 or email no later than 2:00 PM on December 3, 2021.

DATE: December 1, 2021

QUOTE NUMBER: IWQ #1-653231 (2)

QUOTES SHOULD BE RECEIVED BY: 2:00 PM on December 8, 2021

ITEM QTY DESCRIPTION MFG & NO. DELIVERY

A.R.O.

SIZE BIDDING

QTY/CASE

LOWEST UNIT OF

MEASURE PRICE

PER

UNIT PRICE PER

CASE

TOTAL (QTY x

UNIT PRICE PER

CASE)

1. 816

EA

7” Bread and Butter Plate, 12 per case Color: Jade Carlisle #5400746 or equivalent

$ /plate $ $

2. 816

EA

11” Round Melamine Plate, 12 per case Color: Jade Carlisle #6400146 or equivalent

$ /plate $ $

3. 624

EA

5 7/8” 18/0 Stainless Steel Teaspoon, 12 per case Webstaurant Store #26010001 or equivalent

$ /spoon $ $

4. 624

EA

7” 18/0 Stainless Steel Dinner Fork, 12 per case Webstaurant Store #267010005 or equivalent

$ /fork $ $

5. 624

EA

8 3/8” 18/0 Stainless Steel Dinner Knife, 12 per case Webstaurant Store #267010008 or equivalent

$ /knife $ $

6. 816

EA

3 ¼” Two-Tone Mug, 12 per case Thunder Group #AD918AA or equivalent

$ /mug $ $ mailto:jake.scarpone@gwinnettcounty.com

IWQ 1-653231 (2)

Page 2 QUOTE SCHEDULE CONTINUED

NOTES:

1. Unit Price MUST include ALL charges, including inside delivery. The awarded supplier shall coordinate delivery with the Department of Community Services.

2. This purchase will utilize grant funding. Delivery MUST be made no later than 12/30/2021.

3. Delivery must be made between 7:30 A.M. and 3:00 P.M. Monday- Friday excluding holidays.

Certification of Non-Collusion in Quote Preparation Signature Date

In compliance with the attached specifications, the undersigned offers and agrees, 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.

Legal Business Name Federal Tax ID

Address

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

Representative Signature Printed Name

Telephone Number Fax Number

Email Address

7. 816

EA

9 oz. Adobe Melamine Dip Bowl, 12 per case Carlisle #GA5501270 or equivalent

$ /bowl $ $

8. 960

EA

4.25 oz. Melamine Fruit Bowl, 48 per case Color: Jade Carlisle #6401846 or equivalent

$ /bowl $ $

9. 816

EA

12 oz. Clear SAN Plastic Pebbled Tumbler, 12 per case Webstaurant Store #17612STPEBCL or equivalent

$ /tumbler $ $

TOTAL $

SPECIFICATIONS

I. Delivery is F.O.B. destination, prepaid and allowed to:

1. Buford Senior Center

2755 Sawnee Ave Buford, GA 30518

2. Centerville Senior Center 3075 Bethany Church Road Snellville, GA 30039

3. Lawrenceville Senior Center 225 Benson Street Lawrenceville, GA 30043

4. Norcross Senior Center 5030 Georgia Belle Court Norcross, GA 30093

II. Inside delivery is required at the above locations. The awarded vendor will be required to submit a certificate of insurance to meet the insurance requirements listed in the invitation to quote. Delivery MUST be made no later than December 30, 2021.

III. Each delivery address shall receive the following:

1. Qty 204 7” Bread and Butter Plate

2. Qty 204 11” Round Melamine Plate

3. Qty 156 5 7/8” 18/0 Stainless Steel Teaspoon

4. Qty 156 7” 18/0 Stainless Steel Dinner Fork

5. Qty 156 8 3/8” 18/0 Stainless Steel Dinner Knife

6. Qty 204 3 ¼” Two-Tone Mug

7. Qty 204 9 oz. Adobe Melamine Dip Bowl

8. Qty 240 4.25 oz. Melamine Fruit Bowl

9. Qty 204 12 oz. Clear SAN Plastic Pebbled Tumbler

IV. This purchase will utilize grant funds. The awarded vendor MUST complete the forms on pages 5-65.

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 Date

Contact Person Telephone

E-Mail Address

2. Company Name

3. Company Name

Company Name

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70

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 $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?

YES ________ Initials of Authorized Representative of vendor https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70

(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.

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, 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.

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 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;

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 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 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=2&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=f6ba15c04d95d5ddca075890e88de03e&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=3b26a3918194d6f09318f89081808b84&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=3b26a3918194d6f09318f89081808b84&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=f6ba15c04d95d5ddca075890e88de03e&term_occur=4&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=f6ba15c04d95d5ddca075890e88de03e&term_occur=5&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=3b26a3918194d6f09318f89081808b84&term_occur=2&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=f6ba15c04d95d5ddca075890e88de03e&term_occur=6&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=e76bce56bb7c0af0995c7bb527f2b138&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=f6ba15c04d95d5ddca075890e88de03e&term_occur=7&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=45433793bd15cdafe32554b20e7c7716&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/cfr/text/23/635.116#a https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=8&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116

(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, 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 (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 public and to protect property in connection with the performance of the work covered by the contract.

Pursuant to Federal Rule (K) 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 (K) above.

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

(L) Certification Regarding Compliance with O.C.G.A. § 50-5-85—Grantee certifies that it is not currently engaged in, and agrees for the duration of this Grant not to engage in, a boycott of Israel as defined in O.C.G.A. § 50-5-85.

Pursuant to Federal Rule (L) above, when federal funds are expended by Gwinnett County, the vendor certifies that it is not currently engaged in, and agrees for the duration of this Grant not to engage in, a boycott of Israel as defined in O.C.G.A. § 50-5-85. Grantee further agrees that this certification is incorporated into Grant # _____________ as if completely restated herein.

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

(M) Drug Free Workplace Compliance with O.C.G.A. 50-24-3 (2010)

(A) Drug-free Workplace. The Contractor/Grantee hereby certifies as follows:

(1) Contractor/Grantee will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Contract; and

(2) If Contractor/Grantee has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract; and

(3) Contractor/Grantee will secure from any subcontractor hired to work on any job assigned under this Contract the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor that a drug-free workplace program will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code Section 50-24-3."

(B) Contractor may be suspended, terminated, or debarred if it is determined that:

https://www.law.cornell.edu/cfr/text/49/part-26

(1) Contractor has made false certification herein above; or

(2) Contractor has violated such certification by failure to carry out the requirements of O.C.G.A. Section 50- 24-3(b).

Pursuant to Federal Rule (M) 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 (M) above.

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

(N) § 635.109 Standardized Changed Condition Clauses

(A) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project, including construction services contracts of CM/GC projects, approved under 23 U.S.C. 106:

(1) Differing site conditions.

(i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

(ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

(iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

(iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the STD's at their option.)

(2) Suspensions of work ordered by the engineer.

(i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

(ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the https://www.law.cornell.edu/cfr/text/23/635.109#b https://www.law.cornell.edu/uscode/text/23/106 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:635.109 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=48be85c631d5430d4048f62c70874ad0&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d147bef94290caa9af7c520c9d4a08d9&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

(iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

(iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(3) Significant changes in the character of work.

(i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

(ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work.

If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

(iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

(iv) The term “significant change” shall be construed to apply only to the following circumstances:

(A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or

(B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

(b) The provisions of this section shall be governed by the following:

(1) Where State statute does not permit one or more of the contract clauses included in paragraph (a) of this section, the State statute shall prevail and such clause or clauses need not be made applicable to Federal-aid highway contracts.

(2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph (a) of this section, such clause or clauses, as developed by the State transportation department may be included in Federal-aid highway contracts in lieu of the corresponding clause or clauses in paragraph (a)of this section. The State's action must be pursuant to a specific State statute requiring differing contract conditions clauses. Such State developed clause or clauses, however, must be in conformance with 23 U.S.C., 23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E.

https://www.law.cornell.edu/cfr/text/23/635.109#a https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=68a9bde92f3e0622a454cebf7ff701c5&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 https://www.law.cornell.edu/cfr/text/23/635.109#a https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=68a9bde92f3e0622a454cebf7ff701c5&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=68a9bde92f3e0622a454cebf7ff701c5&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 https://www.law.cornell.edu/cfr/text/23/635.109#a https://www.law.cornell.edu/uscode/text/23/23 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3b26a3918194d6f09318f89081808b84&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109

(c) In the case of a design-build project, STDs are strongly encouraged to use “suspensions of work ordered by the engineer” clauses, and may consider “differing site condition” clauses and “significant changes in the character of work” clauses which are appropriate for the risk and responsibilities that are shared with the design-builder.

Pursuant to Federal Rule (N) 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 (N) above.

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

(O) 102.05 Examinations of Plans, Specifications, Special Provisions, and Site of the Work

The Bidder is expected to examine carefully the site of the proposed work, the Proposal, Plans, Specifications, Supplemental Specifications, Special Provisions, and Contract forms before submitting a Proposal. The submission of a Proposal shall be considered prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing The Work and as to the requirements of the Plans, Specifications, Supplemental Specifications, Special Provisions, and Contract.

It is the obligation of the Bidders to make their own interpretation of all subsurface data that may be available as to the nature and extent of the materials to be excavated, graded, or driven through. Such information, if available and furnished to the Bidders by the Department, does not in any way guarantee the amount or nature of the material which may be encountered.

Pursuant to Standard Specifications Construction of Transportation Systems Rule (O) 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 (O) above.

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

(P) Prevention and Public Health Fund—Reporting Requirements.

(a) Pursuant to public law this contract requires the contractor to provide products or services or both that are funded from the Prevention and Public Health Fund (PPHF), Pub. L. 111-148, sec. 4002. Section 220(b)(5) requires each contractor to report on its use of these funds under this contract. These reports will be made available to the public.

(b) Semi-annual reports from the Contractor for all work funded, in whole or in part, by the PPHF, are due no later than 20 days following the end of each 6-month period. The 6-month reporting periods are January through June and July through December. The first report is due no later than 20 days after the end of the 6-month period following contract award. Subsequent reports are due no later than 20 days after the end of each reporting period. If applicable, the Contractor shall submit its final report for the remainder of the contract period no later than 20 days after the end of the reporting period in which the contract ended.

(c) The Contractor shall provide the following information in an electronic and Section 508 compliant format to the Contracting Officer.

(1) The Government contract and order number, as applicable.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=45433793bd15cdafe32554b20e7c7716&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109

(2) The amount of PPHF funds invoiced by the contractor for the reporting period and the cumulative amount invoiced for the contract or order.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in the reporting period.

(4) Program or project title, if any.

(5) The Contractor shall report any subcontract funded in whole or in part with PPHF funding, that is valued at $25,000 or more. The Contractor shall advise the subcontractor that the information will be made available to the public. The Contractor shall report:

(i) Name and address of the subcontractor.

(ii) Amount of the subcontract award.

(iii) Date of the subcontract award.

(iv) A description of the products or services (including construction) being provided under the subcontract.

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

(Q) Printing and Duplication

(a) Unless otherwise specified in this contract, no printing by the Contractor or any subcontractor is authorized under this contract. All printing required must be performed by the Government Printing Office except as authorized by the Contracting Officer. The Contractor shall submit camera-ready copies to the Contracting Officer’s Representative (COR).

The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing.

(b) If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency.

A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit applies to each printing requirement and not for all printing requirements under the entire contract.

(c) Approval for all printing, as well as duplicating/copying in excess of the stated limits, shall be obtained from the COR who will consult with the designated publishing services office and provide direction to the contractor. The cost of any unauthorized printing or duplicating/copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

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

(R) Public Accommodations and Commercial Facilities.

The Contractor agrees as follows:

(a) Except for ad hoc meetings necessary or incidental to contract performance, the Contractor shall develop a plan to assure that any event held pursuant to this contract will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36-Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. The

Contractor shall submit the plan to the Contracting Officer and must receive approval prior to the event. The Contractor may submit a consolidated or master plan for contracts requiring numerous events in lieu of separate plans.

(b) The Contractor shall manage the contract in accordance with the standards set forth in 28 CFR part 36.

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

(S) Conference Sponsorship Requests and Conference Materials Disclaimer.

(a) If HHS is not the sole provider of funding under this contract, then, prior to the Contractor claiming HHS conference sponsorship, the Contractor shall submit a written request (including rationale) to the Contracting Officer for permission to claim such HHS sponsorship.

(b) Whether or not HHS is the conference sponsor, the Contractor shall include the following statement on conference materials, including promotional materials, agendas, and web sites:

“This conference was funded, in whole or in part, through a contract (insert contract number) with the Department of Health and Human Services (HHS) (insert name of OPDIV or STAFFDIV). The views expressed in written conference materials and by speakers and moderators at this conference, do not necessarily reflect the official policies of HHS, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.”

(c) Unless authorized in writing by the Contracting Officer, the Contractor shall not display the HHS logo on any conference materials.

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

(T) Paperwork Reduction Act.

(a) This contract involves a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) shall apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Representative shall be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.

(b) The Contractor shall not expend any funds or begin any data collection until the Contracting Officer provides the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor shall allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.

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

(U) Late Proposals and Revisions.

Notwithstanding the procedures contained in FAR 52.215-1(c)(3) of the provision of this solicitation entitled Instructions to Offerors–Competitive Acquisition, the Government may consider a proposal received after the date specified for receipt if it appears to offer significant cost or technical advantage to the Government and it was received before proposals were distributed for evaluation, or within 5 calendar days after the exact time specified for receipt, whichever is earlier.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor http://www.ecfr.gov/cgi-bin/text-idx?node=pt48.2.52#se48.2.52_1215_61

(V) Additional Cost Principles for Hospitals (Profit and Non-Profit).

(a) Bid and proposal (B&P) costs. (1) B&P costs are the immediate costs of preparing bids, proposals, and applications for potential Federal and non-Federal contracts, grants, and agreements, including the development of scientific, cost, and other data needed to support the bids, proposals, and applications.

(2) B&P costs of the current accounting period are allowable as indirect costs.

(3) B&P costs of past accounting periods are unallowable in the current period. However, if the organization's established practice is to treat these costs by some other method, they may be accepted if they are found to be reasonable and equitable.

(4) B&P costs do not include independent research and development (IR&D) costs covered by the following paragraph, or pre-award costs covered by paragraph 36 of Attachment B to OMB Circular A-122.

(b) IR&D costs.

(1) IR&D is research and development conducted by an organization which is not sponsored by Federal or non-Federal contracts, grants, or other agreements.

(2) IR&D shall be allocated its proportionate share of indirect costs on the same basis as the allocation of indirect costs to sponsored research and development.

(3) The cost of IR&D, including its proportionate share of indirect costs, is unallowable.

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

(W) Mentor-Protégé Program.

(a) Large business prime contractors serving as mentors in the HHS Mentor-Protégé Program are eligible for HHS subcontracting plan credit, and shall submit a copy of their HHS Office of Small and Disadvantaged Business Utilization (OSDBU)-approved mentor-protégé agreements as part of their offers. The amount of credit provided by the Contracting Officer to a mentor firm for protégé firm developmental assistance costs shall be calculated on a dollar for dollar basis and reported by the mentor firm in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The mentor firm and protégé firm shall submit to the Contracting Officer a signed joint statement agreeing on the dollar value of the developmental assistance the mentor firm provided. (For example, a mentor firm would report a $10,000 subcontract awarded to a protégé firm and provision of $5,000 of developmental assistance as $15,000 of subcontracting plan credit.) The mentor firm may use this additional credit towards attaining its subcontracting plan participation goal under this contract.

(b) The program consists of—

(1) Mentor firms—large businesses that:

(i) Demonstrate the interest, commitment, and capability to provide developmental assistance to small business protégé firms; and

(ii) Have a Mentor-Protégé agreement approved by HHS’ OSDBU;

(2) Protégé firms—firms that:

(i) Seek developmental assistance;

(ii) Qualify as small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, or woman-owned small businesses; and

(iii) Have a Mentor-Protégé agreement approved by HHS’ OSDBU; and http://www.esrs.gov/

(3) Mentor-Protégé agreements—joint agreements, approved by HHS’ OSDBU, which detail the specific terms, conditions, and responsibilities of the mentor-protégé relationship.

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

(X) Mentor-Protégé Program Reporting Requirements.

The Contractor shall comply with…