PA024-23 INV
594 KB Posted
- Solicitation number
- PA024-23
- Issued by
- Gwinnett County, Georgia
About this file
This is an informal written quote solicitation issued by Gwinnett County, Georgia for Supplemental Laboratory Analysis Services on an annual contract for the Department of Water Resources. The County seeks qualified contractors to perform laboratory analysis on fats, oils, and grease (FOG) and high-strength organic wastes (HSW) that cannot be analyzed under the existing laboratory analysis contract. The scope of work includes analysis across five sections: Priority Pollutants (Section A), Priority Pollutants for Soils (Section B), Conventional Pollutants (Section C), Conventional Pollutants for Soils (Section D), and Low-Level Volatile Fatty Acid analysis (Section E). Estimated quantities range from 4 to 20 samples per item across these sections. Quotes were due by 3:00 P.M. on June 15, 2023, submitted to Brittany Bryant, Purchasing Associate II, via email, fax, or in-person delivery. The initial contract term extends from June 30, 2023 (or upon award) through September 16, 2023, with one optional 12-month renewal period available. Award will be made to the lowest responsive and responsible vendor(s), and the County reserves the right to split awards among multiple qualified contractors or reject any or all quotes.
Bidders must provide pricing for three turnaround time options: 48 hours, 72 hours, and 5 days, with pricing for the 5-day turnaround serving as the base bid calculation. All costs including sample containers, shipping to subcontractors, and after-hours drop-off charges must be included in the quoted price per test result. Awarded laboratories must be geographically located within specified Georgia counties (Barrow, DeKalb, Forsyth, Fulton, Gwinnett, Hall, Rockdale, or Walton) as all samples will be hand-delivered. Laboratories must maintain Georgia EPD approval for wastewater/ambient stream/stormwater analyses, comply with applicable EPA methods and Georgia Rules and Regulations for Water Quality Control and Commercial Environmental Laboratories, and submit current Quality Control/Quality Assurance manuals. Samples must be held for a minimum of 90 days post-analysis, and violations of contract obligations trigger a progressive enforcement system culminating in potential contract termination or reimbursement of differential costs incurred by the County. Gwinnett County reserves the right to negotiate terms and pricing with the lowest responsive, responsible vendor(s) at its discretion and to add or delete tests during the contract term as required by regulatory changes. Pricing must remain firm for the initial contract term; any renewal option pricing adjustments must be specified with explanation at the time of bid submission.
Text of this file
23 Page 1
Laboratory Company Name:
June 01, 2023
INFORMAL WRITTEN QUOTE
PA024-23
Gwinnett County is soliciting competitive informal written Quotes from qualified contractors for the Supplemental Laboratory Analysis Services on an Annual Contract for the Department of Water Resources.
Quotes should be typed or submitted in ink and returned to the Attention of Brittany Bryant, Purchasing Associate II. Quotes should be received by 3:00 P.M. June 15, 2023 by either email (Brittany.Bryant@GwinnettCounty.com), fax (770-822-8735), or sent to the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046.
Quotes are legal and binding upon the vendor when submitted.
Questions regarding quotes should be directed to Brittany Bryant, Purchasing Associate II at Brittany.Bryant@GwinnettCounty.com no later than 3:00 P.M. June 08, 2023.
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 quote documents supersede any verbal or written prior communications between the parties.
Award will be made to the contractor submitting the lowest responsive and responsible quote.
Gwinnett County reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest. Quotes may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible vendor(s) at its discretion.
We look forward to your quote and appreciate your interest in Gwinnett County.
Brittany Bryant Purchasing Associate II
The following pages should be returned with your quote: Quote Schedule, Page 12-18 References, Page 19 Contractor Affidavit, Page 20 mailto:Brittany.Bryant@GwinnettCounty.com mailto:Brittany.Bryant@GwinnettCounty.com
PA024-23 Page 2
FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY
FROM COMMODITY LISTING.
Buyer Initials: BB
IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE BY
CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.
Do not offer this product or service; remove us from your bidder's list for this item only.
Specifications too "tight"; geared toward one brand or manufacturer only.
Specifications are unclear.
Unable to meet specifications
Unable to meet bond requirements
Unable to meet insurance requirements
Our schedule would not permit us to perform.
Insufficient time to respond.
Other
COMPANY NAME
AUTHORIZED REPRESENTATIVE
SIGNATURE
PA024-23 Page 3
Supplemental Laboratory Analysis Services
NOTE: Contract to begin on June 30, 2023, or upon award. The initial term of the contract will be through September 16, 2023.
If exercised, there is one (1) additional renewal option for a twelve (12) month period.
1. SCOPE OF WORK
The Awarded Lab(s) shall be required to perform laboratory analysis on Fats, Oil, and Grease (FOG) or high-strength organic wastes (HSW). These wastes are not able to be analyzed under Gwinnett County’s current Provision of Laboratory Analysis on an Annual Contract (PA023-19) due to this matrix not being specified in that contract. These wastes are hauled to Gwinnett County’s F. Wayne Hill Water Resources Center for anaerobic digestion.
FOG/HSW can vary widely in total solids concentrations, so rates for both liquid and soil analyses are included. However, all samples are to be reported as liquid concentrations (e.g. mg/L, ug/L, etc.) and any tests used to determine the density of the sample for this conversion of soils analyses shall be priced into the sample unit cost.
Previous analyses of these wastes have yielded solids values ranging from 1,700 to 500,000 mg/L as total suspended solids (TSS). Oil and grease, or n-hexane-extractable materials (HEM), can range from 0 mg/L to 160,000 mg/L. The methods utilized for previous analyses are included in Sections A-D and bidding laboratories are asked to include their proposed methods for examination and their detection limits.
In addition, Gwinnett County is also looking at having low-level volatile fatty acid (VFA) concentrations analyzed for domestic wastewater. The specific compounds and their desired detection limits are shown in Section E. Gwinnett County will not be looking for individual compounds to be analyzed but desires all these compounds to be analyzed as a suite of analyses per sample submitted.
2. LABORATORY ANALYTICAL SERVICES AND REQUIREMENTS
2.1 Gwinnett County requires that the awarded lab(s) shall be geographically located within the following Georgia counties: Barrow, DeKalb, Forsyth, Fulton, Gwinnett, Hall, Rockdale, Walton. All samples will be hand delivered. More than one firm may be selected if said firms meet these specified requirements.
2.2 Gwinnett County requires adherence to the correct holding times found in the applicable EPA-approved method. It will be the Awarded Laboratories responsibility to analyze the sample(s) within the appropriate holding times.
2.3 “Turnaround Time” is defined as that period of elapsed time between the date of delivery of the sample to the Laboratory and the date that the analyte result is e-mailed to DWR. All notifications shall be via e-mail and shall be sent to the specified DWR division representatives. A list of the representatives will be provided to the awarded lab(s).
2.4 The Awarded Lab(s) must meet requested turnaround times.
2.5 An Awarded Lab(s) that fails to meet any obligation under this contract will be notified via e-mail that the first violation has been noted and recorded. Upon identification of a second
PA024-23 Page 4 violation, the Awarded Lab(s) will receive a final notice of violation and be reminded that any subsequent violations will result in the third violation sanctions described immediately below. For a third or other subsequent violation, DWR may, 1.) cease using the firm that has violated the agreement and will seek from the violating firm reimbursement of any differential cost incurred by DWR in having to utilize an alternate service provider; OR 2.)
require the rewriting of the Quality Control/Quality Assurance manual (Section 4) so as to address the cause of the violation and prevent a recurrence. DWR will have up to 10 business days to review/comment/approve the rewritten QA/QC manual.
2.6 Gwinnett County reserves the right to inspect the premises and view the equipment, raw data and quality assurance documentation at any time after the quote opening and/or during the term of the contract.
2.7 The Awarded Lab(s) shall comply with the approved chain of custody procedures. A copy of the fully completed chain of custody document will be supplied by the contracted lab along with the analysis results, as specified in Section 2.2, and in compliance with Section 2.2.1.
2.8 Gwinnett County requires that samples be held a minimum of 90 days after completion of requested analysis.
2.9 Unless otherwise stated, all analyses must be performed in accordance with techniques and methods approved by the US Environmental Protection Agency as found in 40 CFR 136 (CWA), 40 CFR 141 (SDWA) and 40 CFR 503 (RCRA). The analytical methods used must be sufficiently sensitive and applicable to the concentration ranges of the samples.
2.10 Any cost of shipping samples to a subcontracting laboratory shall be part of the "Price per
Test Result" on the attached QUOTE SCHEDULE.
2.11 Any additional charges due to Laboratory policies or for after-hours drop offs, including weekends, nights, and holidays, shall be included in the "Price per Test Result" on the attached QUOTE SCHEDULE.
2.12 The Awarded Lab(s) will furnish the appropriate sample containers, the cost of which is to be included in the “Price Per Test” provided on the attached QUOTE SCHEDULE.
2.13 Quantities are approximate. Analyses will be requested on a quarterly basis but may also occur on an “as needed” basis.
3. CERTIFICATION AND ACCREDITATION REQUIREMENTS
3.1 Certification/Accreditation for analyses associated with wastewater/ambient stream/stormwater samples.
3.1.1 The Awarded Lab(s), and any subcontracted laboratory, must be approved by GA
EPD to perform analyses for the purposes to meet the Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6). This approval may be met by the Awarded Lab(s) meeting either one of the following requirements.
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3.1.1.1 Accredited for wastewater/ambient stream/stormwater analyses by an
EPA approved accrediting agency as listed at the EPA website, OR
3.1.1.2 Certified for wastewater/ambient stream/stormwater analyses by a primacy State as noted on the EPA website.
The Awarded Lab(s) shall at a minimum supply a copy of the Accreditation/Certification annually or anytime there is a change made to the Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6).
3.2 The Awarded Lab(s), and any subcontracted laboratory, shall be certified to analyze the parameters included in the Quote Schedule, in accordance with the analytical procedures in Georgia Rules and Regulations for Water Quality Control (GA Rule 391-3-6), and Georgia Rules and Regulations for Hazardous Waste Management (GA Rule 391-3-11).
3.3 The Awarded Lab(s), and any subcontracted laboratory, shall comply with GA Rules and
Regulations for Commercial Environmental Laboratories (GA 391-3-26).
4. QUALITY CONTROL/QUALITY ASSURANCE DOCUMENTATION
4.1 The Awarded Lab(s), and any subcontracted laboratory, shall supply a current Quality Control/Quality Assurance Manual with the bid.
4.2 The Awarded Lab(s), and any subcontracted laboratory, shall supply a current Quality
Control/Quality Assurance Manual annually and whenever a major revision occurs.
4.3 The Awarded Lab(s), and any subcontracted laboratory, shall supply with the bid and annually thereafter, results of Water Supply and Water Pollution proficiency testing for all contracted analytes.
5. DOCUMENTS AND INVOICES
The Awarded Lab(s) is required to submit invoices, along with analysis results, to the DWR employee(s) and specific DWR workgroup that requested the work, which will be specified on the Chain of Custody submitted with the sample. The Awarded Lab(s) will use the following addresses for submittal of analysis results and invoices. The contact information, per location, will be provided to the awarded lab(s).
5.1 DWR, Industrial Pretreatment Program
Gwinnett County Department of Water Resources 684 Winder Highway Lawrenceville, GA 30045
6. LABORATORY REPORT FORMAT AND CONTENTS
6.1 The results of each test, or series of tests carried out by the Awarded Lab(s), and any subcontracted laboratory, shall be reported accurately, clearly, unambiguously, and objectively.
6.2 The results will be reported in a test report and shall include, as a minimum, the following items:
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6.2.1 A title, e.g. “Test Report”, “Analytical Report”, etc.;
6.2.2 Name and address of any laboratory, and the location where the tests were performed;
6.2.3 Unique identification of the test report (e.g. serial number, project number), total number of pages, and on each page an identification in order to ensure that the page is recognized as a part of the test report (e.g. 3 of 10);
6.2.4 Name and address of the requesting DWR workgroup;
6.2.5 Identification of the test method used;
6.2.6 Date and time of receipt of sample, date and time (where provided) of sample collection, date(s) of performance of test, date(s) and time(s) of sample preparation and/or analysis;
6.2.7 Date report is issued.
6.2.8 A printed name, signature, and title of the person(s) accepting responsibility for and certifying the content of the report and the completion of the analysis in conformance of all applicable standards.
6.2.9 Clear identification of all test data provided by outside sources, such as subcontracted laboratories;
6.2.10 When necessary, data will be qualified in accordance with Standard Methods for the
Examination of Water and Wastewater (most current approved edition), Table
1020:II.
6.2.11 If a State Form is required all results will be reported on the forms required by the state. If a Federal Form is required, all results will be reported on the forms required by the Federal Agency.
6.2.12 Reporting Levels
6.2.12.1 The Awarded Lab(s), and any subcontracted laboratory, shall provide the method detection limit (MDL) as determined in accordance with 40 CFR 136 app. B.
6.2.12.2 Unless otherwise instructed, all analytical results must be reported as follows:
• Report results below the MDL as "not detected" ("ND").
• Report results between the MDL and PQL with qualification for quantification (as stated in section 7.2.10).
• Report results above the PQL with the actual value.
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6.2.12.3 Data shall be flagged in accordance with section 6.2.10.
7.0 SUBCONTRACTORS
Gwinnett County requires that the subcontractors (if any) used by the Awarded Lab(s) shall meet the following requirements: are discussing changing this to a 20 or 25 mile radius because 45 minutes is dependent upon traffic)
7.1 The Awarded Lab(s) will advise the Department of Water Resources in writing of any intention to subcontract work and shall gain the approval of Gwinnett County prior to such subcontracting.
7.2 The Awarded Lab(s) is responsible to Gwinnett County for the subcontractor’s work.
7.3 The cost of shipping samples to a subcontracting laboratory shall be part of the
"Price per Test Result" on the Quote Schedule.
7.4 The Awarded Lab(s) shall maintain a register of all subcontractors that it uses for analyses and a record of the evidence of compliance with the requirements in Section 3 and 4 for the work in question.
8. ADDITION OR DELETION OF SAMPLE TESTS
The Department of Water Resources reserves the right to add or delete tests during the term stated in this Bid document which become required or cease to be required by government regulations, laws, or ordinances, or that may be required for the Department of Water Resources to remain in compliance, or for the County to protect the health and safety of the public. A fair price for such additional tests will be determined through mutual agreement in line with generally accepted market pricing between the Awarded Lab(s) and the Department of Water Resources. If a fair price cannot be agreed to, the County retains the right to rebid the contract in whole or in part.
9. NO COMMUNICATIONS POLICY
Individuals, firms and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.
10. AWARD
Award will be made to the provider(s) submitting the lowest responsive and responsible quote(s).
Gwinnett County reserves the right to reject any or all quotes, to waive technicalities, and to make an award deemed in its best interest. Quotes may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions with the lowest responsive, responsible quote(s) at its discretion.
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GENERAL REQUIREMENTS (ITEMS 1-15)
The following limits listed in the table below are with the understanding that these limits reflect non-diluted sample analysis. Based on the high-strength nature of these wastes, it is understood that dilution is necessary on occasions to complete analysis and that dilution will change these reporting limits. All EPA APPROVED METHODS shall Include the following:
CHEMICAL CONSTITUENTS
DESIRED REPORTING LIMIT
Reporting Limit Units
Semi-Volatile Organics (Item 1 & 8)
1,2,4-Trichlorobenzene 10 ug/L
1,2-Diphenylhydrazine 10 ug/L
2,4,6-Trichlorophenol 10 ug/L
2,4-Dichlorophenol 10 ug/L
2,4-Dimethylphenol 10 ug/L
2,4-Dinitrophenol 25 ug/L
2,4-Dinitrotoluene 10 ug/L
2,6-Dinitrotoluene 10 ug/L
2-Chloronaphthalene 10 ug/L
2-Chlorophenol 10 ug/L
2-Nitrophenol 10 ug/L
3,3´-Dichlorobenzidine 10 ug/L
4,6-Dinitro-2-methylphenol 10 ug/L
4-Bromophenyl phenyl ether 10 ug/L
4-Chloro-3-methylphenol 10 ug/L
4-Chlorophenyl phenyl ether 10 ug/L
4-Nitrophenol 25 ug/L
Acenaphthene 10 ug/L
Acenaphthylene 10 ug/L
Anthracene 10 ug/L
Benz(a)anthracene 10 ug/L
Benzidine 80 ug/L
Benzo(a)pyrene 10 ug/L
Benzo(b)fluoranthene 10 ug/L
Benzo(g,h,i)perylene 10 ug/L
Benzo(k)fluoranthene 10 ug/L
Bis(2-chloroethoxy)methane 10 ug/L
Bis(2-chloroethyl)ether 10 ug/L
Bis(2-chloroisopropyl)ether 10 ug/L
Bis(2-ethylhexyl)phthalate 10 ug/L
Butyl benzyl phthalate 10 ug/L
Chrysene 10 ug/L
Di-n-butyl phthalate 10 ug/L
Di-n-octyl phthalate 10 ug/L
CHEMICAL CONSTITUENTS
DESIRED REPORTING LIMIT
Reporting Limit Units
Dibenz(a,h)anthracene 10 ug/L
PA024-23 Page 9
Diethyl phthalate 10 ug/L
Dimethyl phthalate 10 ug/L
Fluoranthene 10 ug/L
Fluorene 10 ug/L
Hexachlorobenzene 10 ug/L
Hexachlorobutadiene 10 ug/L
Hexachlorocyclopentadiene 10 ug/L
Semi-Volatile Organics (Item 1 & 8) cont.
Hexachloroethane 10 ug/L
Indeno(1,2,3-cd)pyrene 10 ug/L
Isophorone 10 ug/L
N-Nitrosodi-n-propylamine 10 ug/L
N-Nitrosodimethylamine 10 ug/L
N-Nitrosodiphenylamine 10 ug/L
Naphthalene 10 ug/L
Nitrobenzene 10 ug/L
Pentachlorophenol 25 ug/L
Phenanthrene 10 ug/L
Phenol 10 ug/L
Pyrene 10 ug/L
Volatile Organic Scan (Item 2 & 10)
1,1,1-Trichloroethane 10 ug/L
1,1,2,2-Tetrachloroethane 10 ug/L
1,1,2-Trichloroethane 10 ug/L
1,1-Dichloroethane 10 ug/L
1,1-Dichloroethene 10 ug/L
1,2-Dichlorobenzene 25 ug/L
1,2-Dichloroethane 10 ug/L
1,2-Dichloropropane 10 ug/L
1,3-Dichlorobenzene 25 ug/L
1,4-Dichlorobenzene 25 ug/L
2-Chloroethyl vinyl ether 50 ug/L
Acrolein 50 ug/L
Acrylonitrile 50 ug/L
Benzene 10 ug/L
Bromodichloromethane 50 ug/L
Bromoform 50 ug/L
Bromomethane 50 ug/L
Carbon tetrachloride 10 ug/L
Chlorobenzene 50 ug/L
Chloroethane 25 ug/L
Chloroform 10 ug/L
CHEMICAL CONSTITUENTS
DESIRED REPORTING LIMIT
Chloromethane 50 ug/L
PA024-23 Page 10 cis-1,3-Dichloropropene 10 ug/L
Dibromochloromethane 50 ug/L
Ethylbenzene 10 ug/L m,p-Xylene 25 ug/L
Methylene chloride 50 ug/L o-Xylene 25 ug/L
Tetrachloroethene 10 ug/L
Toluene 10 ug/L
Volatile Organic Scan (Item 2 & 10) cont.
trans-1,2-Dichloroethene 10 ug/L trans-1,3-Dichloropropene 10 ug/L
Trichloroethene 10 ug/L
Trichlorofluoromethane 25 ug/L
Vinyl chloride 50 ug/L
Xylenes, Total 25 ug/L
Chlorinated Pesticides/PCBs Scan (Item 3, 10 and 11)
4,4´-DDD 0.5 ug/L
4,4´-DDE 0.5 ug/L
4,4´-DDT 0.5 ug/L
Aldrin 0.5 ug/L alpha-BHC 0.5 ug/L
Aroclor 1016 5.0 ug/L
Aroclor 1221 5.0 ug/L
Aroclor 1232 5.0 ug/L
Aroclor 1242 5.0 ug/L
Aroclor 1248 5.0 ug/L
Aroclor 1254 5.0 ug/L
Aroclor 1260 5.0 ug/L beta-BHC 0.5 ug/L
Chlordane 5.0 ug/L delta-BHC 0.5 ug/L
Dieldrin 0.5 ug/L
Endosulfan I 0.5 ug/L
Endosulfan II 0.5 ug/L
Endosulfan sulfate 0.5 ug/L
Endrin 0.5 ug/L
Endrin aldehyde 0.5 ug/L gamma-BHC 0.5 ug/L
Heptachlor 0.5 ug/L
Heptachlor epoxide 0.5 ug/L
Methoxychlor 3.0 ug/L
Toxaphene 5.0 ug/L
CHEMICAL CONSTITUENTS
DESIRED REPORTING LIMIT
Trace Elements/Total Metals (Item 4 & 12)
PA024-23 Page 11
Arsenic 5 ug/L
Cadmium 0.7 ug/L
Chromium 5 ug/L
Copper 5 ug/L
Lead 1 ug/L
Nickel 5 ug/L
Selenium 5 ug/L
Silver 1 ug/L
Zinc 10 ug/L
Mercury (Item 5 and 13)
Mercury 0.2 ug/L
Total Cyanide (Item 6 and 14)
Total Cyanide 0.25 ug/L
Total Priority Pollutant Scan (Item 7 and 15)
A “Total Priority Pollutant Scan” consists of a measurement of all the analytes listed in Items 1 through 8 and Items 9 through 14. Each analyte shall be analyzed to the minimum reporting limit as specified.
PA024-23 Page 12
FAILURE TO RETURN THIS PAGE AS PART OF YOUR QUOTE MAY RESULT IN REJECTION.
QUOTE SCHEDULE
The Base Bid Price is calculated by multiplying the price for the 5-day turnaround time by the estimated quantity of each item to obtain the Extended Price.
The Extended Prices are to be added for the Section and Bid Totals. Analysis methods used must meet requirements in 2.7.
Company Name:
SECTION A - Priority Pollutants, per EPA approved methods: (See GENERAL REQUIREMENTS (Items 1-15) for additional details)
ITEM
PARAMETER
EPA/SM
Method Number
Bidder’s Proposed Method
Accredited on this Item?
Yes / No
Price for 48 Hour
Turn Around
Price for 72 Hour
Turn Around
A B A x B
Price for 5 Day Turn Around
Estimated Quantity
Extended Price
1. Semi-Volatile Organics Scan EPA 625.1 6 EA
2. Volatile Organics Scan EPA 624.1 6 EA
3.
Chlorinated Pesticides/PCBs Scan
EPA 608.3 6 EA
4. Trace Elements Scan EPA 200.8 6 EA
5. Total Mercury EPA 245.1 6 EA
6. Total Cyanide SM4500 6 EA
7. Total Priority Pollutant Scan N/A 8 EA
SECTION A total $
PA024-23 Page 13
The Base Bid Price is calculated by multiplying the price for the 5-day turnaround time by the estimated quantity of each item to obtain the Extended Price.
The Extended Prices are added for the Section and Bid Totals. Analysis methods used must meet requirements in 2.7.
SECTION B - Priority Pollutants, Soils, per EPA approved methods: (See GENERAL REQUIREMENTS (Items 8-15) for additional details)
ITEM
PARAMETER
EPA/SM
Method Number
Bidder’s Proposed Method
Accredited on this Item?
Yes / No
Price for 48 Hour
Turn Around
Price for 72 Hour
Turn Around
A B A x B
Price for 5 Day Turn Around
Estimated Quantity
Extended Price
8 Semi-Volatile Organics Scan SW8270E 6
9. Volatile Organics Scan SW8260D 6
10. Chlorinated Pesticides SW8081B 6
11.
Polychlorinated Biphenyls (PCBs)
SW8082A 6
12. Total Metals Scan SW6010D 6
13. Total Mercury SW7473 6
14. Total Cyanide SW9014 6
15. Total Priority Pollutant Scan N/A 8
SECTION B TOTAL $
PA024-23 Page 14
The Base Bid Price is calculated by multiplying the price for the 5-day turnaround time by the estimated quantity of each item to obtain the Extended Price.
The Extended Prices are added for the Section and Bid Totals. Analysis methods used must meet requirements in 2.7.
SECTION C – Conventional Pollutants, per EPA approved methods:
ITEM
PARAMETER
EPA/SM
Method Number
Method Detection
Limit
(MDL)
(mg/L)
Bidder’s Proposed Method
Accredite d on this
Item?
Yes / No
Price for 48 Hour Turn
Around
Price for 72 Hour Turn
Around
A B A x B
Price for 5 Day Turn
Around
Estimated Quantity
Extended Price
16. Ammonia-Nitrogen EPA 350.1 0.05 20
17.
Total Kjeldahl Nitrogen
(TKN)
EPA 351.2 0.05 20
18.
Carbonaceous Biochemical Oxygen Demand (CBOD)
SM5210B-
0.0 20
19.
Chemical Oxygen Demand
(COD)
EPA 410.4 5 20
20.
Dissolved Organic Carbon
(DOC)
EPA 415.3 0.06 4
21. Total Suspended Solids
SM2540D-
0.1 20
22. Volatile Suspended Solids
SM2540E-
0.1 20
23 Oil And Grease EPA 1664 1.4 20
24. Phosphorus, Total EPA 365.1 0.02 20
SECTION C TOTAL $
PA024-23 Page 15
The Base Bid Price is calculated by multiplying the price for the 5-day turnaround time by the estimated quantity of each item to obtain the Extended Price.
The Extended Prices are added for the Section and Bid Totals. Analysis methods used must meet requirements in 2.7.
SECTION D – Conventional Pollutants, Soils, per EPA approved methods:
ITEM
PARAMETER
EPA/SM
Method Number
Method Detection
Limit
(MDL)
(mg/L)
Bidder’s Proposed Method
Accredite d on this
Item?
Yes / No
Price for 48 Hour Turn
Around
Price for 72 Hour
Turn Around
A B A x B
Price for 5 Day Turn
Around
Estimated Quantity
Extended Price
25. Ammonia-Nitrogen EPA 350.1 See Section C
26.
Total Kjeldahl Nitrogen
(TKN)
EPA 351.2
See Section C
27.
Carbonaceous Biochemical Oxygen Demand (CBOD)
SM5210B-
See Section C
28.
Chemical Oxygen Demand
(COD)
EPA 410.4
See Section C
29. Total Solids
SM2540G-
See Section C
30. Volatile Solids
SM2540G-
See Section C
31. Oil And Grease SW9071B See Section C
32. Phosphorus, Total EPA 365.1 See Section C
SECTION D TOTAL $
PA024-23 Page 16
The Base Bid Price is calculated by multiplying the price for the 5-day turnaround time by the estimated quantity of each item to obtain the Extended Price.
The Extended Prices are added for the Section and Bid Totals. Analysis methods used must meet requirements in 2.7.
NOTE: Contract to begin on June 30, 2023, or upon award. The initial term of the contract will be through September 16, 2023. If exercised, there will be one (1) renewal option for a twelve (12) month period.
SECTION E – Low Level Volatile Fatty Acid (VFA) Analysis
ITEM
PARAMETER
Desired Method
Detection Limit (MDL)
(mg/L)
Bidder’s Proposed Method
Accredited on this Item?
Yes / No
Price for 48 Hour Turn
Around
Price for 72 Hour Turn
Around
A B A x B
Price for 5 Day Turn Around
Estimated Quantity
Extended Price
33 Acetic Acid 0.12 N/A
34. Propionic Acid 0.05 N/A
35. Butyric Acid 0.06 N/A
36. Pyruvic Acid 0.06 N/A
37. Lactic Acid 0.05 N/A
38. Pentanoic Acid 0.06 N/A
39. i-Pentanoic Acid 0.06 N/A
40. Hexanoic Acid 0.06 N/A
41. i-Hexanoic Acid 0.06 N/A
42. Formic Acid 0.05 N/A
43. Total Low-Level VFA Analysis N/A 20
SECTION E TOTAL $
PA024-23 Page 17
1. What are your Normal Business Hours? Gwinnett County requires that Normal Business Hours must be, at a minimum, Monday thru Friday, 8:00 AM to 5:00 PM.
2. What are the Laboratories policies and charges concerning after hours drop-off of samples? Are they different for Saturdays, Sundays, and Holidays? Are they different depending on the analyte?
3. Please provide your Normal Operating Hours on Saturdays, Sundays, and all Holidays.
PA024-23 Page 18
Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract.
Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive. Contract to begin upon award.
Unless otherwise noted, quoted prices will remain firm for one (1) additional 12-month periods. If a percentage increase/decrease will be a part of a renewal option, please note this in the space provided together with an explanation.
Renewal Option 1: % Increase / Decrease circle one
The undersigned acknowledges receipt of the following addenda, listed by number and date as issued appearing on each:
Addendum No. Date Addendum No. Date
Certification of Non-Collusion in Bid 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. By submission of this quote, 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
Printed Name
Telephone Number Fax Number
Email Address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/
FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID.
REFERENCES
Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.
Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.
1. Company Name
Brief Description of Project
Completion Date
Contract Amount $ Start Dates
Contact Person Telephone
E-Mail Address
2. Company Name
Contract Amount $ Start Date
3. Company Name
Contract Amount $ Start Date
Company Name
Solicitation Name & No. _____________________________________________________________
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: ______________________
GWINNETT COUNTY, GEORGIA
LIST OF SUBCONTRACTORS
I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:
NAME AND ADDRESS
TYPE OF WORK
Company Name
GWINNETT COUNTY
DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION
GENERAL INSTRUCTIONS FOR VENDORS, TERMS AND CONDITIONS
***ATTENTION***
FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN SUBMITTAL BEING DEEMED
NON-RESPONSIVE AND AUTOMATIC REJECTION. THE COUNTY SHALL BE THE SOLE DETERMINANT
OF TECHNICALITY VS. NON-RESPONSIVE SUBMITTAL:
1. FAILURE TO USE COUNTY QUOTE/BID/FEE SCHEDULE.
2. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE
COMPLIANCE/SPECIFICATION SHEETS.
3. FAILURE TO RETURN OR ACKNOWLEDGE APPLICABLE ADDENDA.
4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.
5. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN SUBMITTAL
BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS
ARE NOT REQUIRED ON ALL SOLICITATIONS. BOND REQUIREMENTS ARE
CLEARLY STATED ON THE INVITATION PAGE. IF CLARIFICATION IS NEEDED,
CONTACT THE PURCHASING ASSOCIATE LISTED IN THE INVITATION. IF BONDS
ARE REQUIRED, FORMS WILL BE PROVIDED IN THIS SOLICITATION
DOCUMENT.
6. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN
REQUIRED, MAY RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND
REJECTED. THE CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED
ON ALL SOLICITATIONS. IF CLARIFICATION IS NEEDED, CONTACT THE
PURCHASING ASSOCIATE LISTED IN THE INVITATION.
7. FAILURE TO PROVIDE AN ETHICS AFFIDAVIT WHEN REQUIRED, MAY RESULT IN
SUBMITTAL BEING DEEMED NON-RESPONSIVE AND REJECTED. THE ETHICS
AFFIDAVIT IS REQUIRED ON ALL FORMAL SOLICITATIONS OVER $100,000.00. IF
CLARIFICATION IS NEEDED, CONTACT THE PURCHASING ASSOCIATE LISTED IN
THE INVITATION.
I. PREPARATION OF SUBMITTAL
A. Each vendor shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the vendor’s risk, as the vendor will be held accountable for their submittal.
B. Each vendor shall furnish all information required by the solicitation form or document. Each vendor shall sign the submittal and print or type his or her name on the quote/bid/fee schedule. The person signing the submittal should initial erasures or other changes. An authorized agent of the vendor must sign the submittal.
C. Fee schedule pricing should have only two decimal places unless otherwise stated.
In the event of a calculation error in total price, the unit pricing prevails.
D. Except for solicitations for the sale of real property, individuals, firms, and businesses seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative other than the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final award. The Purchasing Director will review violations. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Gwinnett County representative.
E. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the submittal but are contained for informational purposes only. If awarded, the successful vendor(s) will be required to execute these documents prior to County execution.
F. Effective July 1, 2013 and in accordance with the Georgia Illegal Immigration
Reform Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with vendor’s submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your submittal may result in being deemed non-responsive and automatic rejection.
II. DELIVERY
A. Each vendor should state time of proposed delivery of goods or services.
B. Words such as “immediate,” “as soon as possible,” etc. should not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) should be stated. If calendar days are used, include Saturday, Sunday, and holidays in the number.
III. EXPLANATION TO VENDORS
Any explanation desired by a vendor regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation for a reply to reach all vendors before the deadline of the solicitation. Any information given to a prospective vendor concerning a solicitation will be furnished to all prospective vendors as an addendum to the solicitation if such information is necessary or if the lack of such information would be prejudicial to uninformed vendors.
The written solicitation documents supersede any verbal or written communications between the parties. Receipt of addenda should be acknowledged in the submittal. It is the vendor’s responsibility to ensure they have all applicable addenda prior to their submittal.
This may be accomplished by contacting the assigned Purchasing Associate prior to the submittal or visiting the Gwinnett County website.
IV. SUBMISSION OF FORMAL OFFERS/SUBMITTALS
A. Formal bid and proposal submittals shall be enclosed in a sealed package or envelope, addressed to the Gwinnett County Purchasing Division with the name of the vendor, the date and hour of opening and the solicitation number on the face of the package or envelope. Facsimile or emailed submittals will not be considered.
Any addenda should be enclosed in the sealed envelopes as well.
B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized representative.
C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the vendor’s request and expense, if items are not destroyed by testing.
D. Items offered must meet required specifications and must be of a quality that will adequately serve the use and purpose for which intended.
E. Full identification of each item submitted, including brand name, model, catalog number, etc. must be furnished to identify exactly what the vendor is offering.
Manufacturer’s literature may be furnished but vendor should not submit excessive marketing material.
F. The vendor must certify that items to be furnished are new and that the quality has not deteriorated to impair its usefulness.
G. Unsigned submittals will not be considered except in cases where it is enclosed with other documents that have been signed. The County will determine acceptability in these cases.
H. Gwinnett County is exempt from federal excise tax and Georgia sales tax regarding goods and services purchased directly by Gwinnett County. Vendors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Vendors should contact the State of Georgia Sales Tax Division for additional information. Agreements were there is a cost-plus mark-up, mark-up will not be paid on taxes.
I. Information submitted by a vendor in the solicitation process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act.
V. WITHDRAWAL DUE TO ERRORS
Vendors must give Gwinnett County Purchasing Division written notice within two (2) business days of completion of the opening stating that they wish to withdraw their submittal without penalty for an obvious clerical or calculation error. Submittal may be withdrawn from consideration if the price was substantially lower than the other submittals due solely to a mistake therein, provided pricing was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the submittal. The unintentional arithmetic error or omission can be clearly proven through inspection of the original work papers, documents, and materials used in preparing the submittal sought to be withdrawn. The vendor’s original work papers shall be the sole acceptable evidence of error and mistake if a vendor elects to withdraw their submittal. If a quote or bid submittal is withdrawn under the authority of this provision, the lowest remaining responsive offer shall be deemed to be low bid.
No vendor who is permitted to withdraw their submittal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid or proposal was submitted.
Vendors who fail to request withdrawal by the required forty-eight (48) hours may automatically forfeit bid bond if a bond was required. Bid may not be withdrawn otherwise.
Withdrawal is not automatically granted and will be allowed solely at Gwinnett County’s discretion.
VI. TESTING AND INSPECTION
Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item that fails to meet the specifications, shall be borne by the vendor.
VII. F.O.B. POINT
Unless otherwise stated in the request for invitation and any resulting contract, or unless qualified by the vendor, items shall be shipped F.O.B. Destination, Freight Prepaid and Allowed. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.
VIII. PATENT INDEMNITY
The vendor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the vendor is not the patentee, assignee, or licensee.
IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED, FORMS WILL BE
PROVIDED IN THIS DOCUMENT)
A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to Gwinnett County for any solicitation as required in the solicitation package or document. Failure to submit a bid bond with the proper rating will result in submittal being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper A.M. Best rating as stated in the solicitation document.
X. DISCOUNTS
A. Time payment discounts may be considered in arriving at net prices and in award of solicitations. Offers of discounts for payment within ten (10) days following the end of the month are preferred.
B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount on the date of the County check.
XI. AWARD
A. Award will be made to either the highest scoring firm (for proposals) or the lowest responsive and responsible vendor (for quotes/bids). The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the vendor to perform, and the vendor shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any submittal if the evidence submitted by, or investigation of such vendor fails to satisfy the County that such vendor is properly qualified to carry out the obligations of the contract.
B. The County reserves the right to reject or accept any or all offers and to waive technicalities, informalities and minor irregularities in the submittals received.
C. The County reserves the right to make an award as deemed in its best interest, which may include awarding to a single vendor or multiple vendors; or to award the whole solicitation agreement, only part of the agreement, or none of the agreement, based on its sole discretion of its best interest.
D. In the event of proposal scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.
E. If proposal negotiations with the highest ranked firm are unsuccessful, the County may then negotiate with the second ranked firm and so on until a satisfactory agreement has been reached.
XII. DELIVERY FAILURES
Failure of a vendor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the vendor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of the contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting vendor. Alternatively, the County may penalize the vendor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late.
Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.
XIII. COUNTY FURNISHED PROPERTY
No material, labor or facilities will be furnished by the County unless so provided in the solicitation package.
XIV. REJECTION OF SUBMITTALS
Failure to observe any of the instructions or conditions in this solicitation package may constitute grounds for rejection.
XV. CONTRACT
Each submittal is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all the commodities or services described therein shall constitute a contract between the vendor and the County which shall bind the vendor on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted submittal. The County, on its part, may order from such vendor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.
Upon receipt of a solicitation package containing a Gwinnett County “Sample Contract” as part of the requirements, it is understood that the vendor has reviewed the documents with the understanding that Gwinnett County requires that all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the vendor’s submittal. If no exceptions are stated, it is assumed that the vendor fully agrees to the provisions contained in the “Sample Contract” in its entirety.
Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any County procurement method, by entering into such an arrangement or executing a contract, the consultant agrees to abide by the current state law and: 1) Avoid any appearance of impropriety and shall follow all policies and procedures of the County, 2) Disclose to the County any material transaction or relationship pursuant to §36-80-28, that is considered a conflict of interest, any involvement in litigation or other dispute, relationship, or financial interest not disclosed in the ethics affidavit, and 3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the County, entitling the County to seek injunctive relief in addition to all other legal remedies.
When the vendor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay to the vendor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. If Gwinnett County fails to pay the vendor within sixty (60) days of receipt of a pay request based upon work completed or service provided pursuant to the contract, the County shall pay the vendor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The vendor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.
The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia.
XVI. NON-COLLUSION
Vendor declares that the submittal is not made in connection with any other vendor’s submittal for the same commodity or commodities, and that the submittal is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each vendor. Collusion and fraud in submittal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.
XVII. DEFAULT
The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default to the vendor upon non-performance or violation of contract terms.
An award may be made to the next low responsive and responsible vendor, or the next highest scoring responsive and responsible proposer, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting vendor (or their surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the vendor shall continue the performance of this contract to the extent not terminated under the provisions of this clause.
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