READVERTISEMENT.pdf

NEW HANOVER COUNTY SHERIFF’S OFFICE

REQUEST FOR BIDS

PURCHASE OF (1) 2024 Toyota 4 Runner SE

READVERTISEMENT

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-

CHAIR JONATHAN

BARFIELD, JR. DANE

SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

TABLES OF CONTENTS

Section 1 Advertisement

Section 2 Instructions and General Information

Section 3 Vehicle Specification

Section 4 Uniform Guidance Provisions

Section 5 Bid Form

Section 6 NHC Purchase Order Terms and Conditions

Section 7 Minority Business Form

Section 8 E-Verify Form

Section 9 Certification Regarding Debarment

Section 1 – Advertisement

New Hanover County Sheriff’s Office Request for Bids Readvertisement

PURCHASE OF (1) 2024 Toyota 4 Runner SE

READVERTISMENT

Bids addressed to Courtney Prince, Purchasing Agent, 230 Government Center Drive, Suite 165, Wilmington, NC 28403 and marked “REQUEST FOR BIDS - PURCHASE OF (1) 2024 Toyota 4 Runner SE Readvertisement” will be accepted until 3:00 P.M. EST, April 1, 2024.

Bids may also be emailed to coprince@nhcgov.com . Please include “REQUEST FOR BIDS - PURCHASE OF (1) 2024 Toyota 4 Runner SE READVERTISEMENT” in the Subject Line of the email.

Instructions for submitting bids and complete requirements and information may be obtained by visiting the County’s website at https://www.nhcgov.com/bids.aspx .

New Hanover County reserves the right to accept or reject any or all Bids and to make the Award which will be in the best interest of the County.

Released: Thursday, March 21, 2024 mailto:coprince@nhcgov.com https://www.nhcgov.com/bids.aspx

Section 2 – Instructions and General Conditions

2.1 – Schedule

ACTION DATE

RFB issued. Thursday, March 21, 2024

Deadline for Questions Wednesday, March 27, 2024 by 5:00PM

Answers to Questions Thursday, March 28, 2024 Deadline for receipt of bids Monday, April 1, 2024 by 5:00PM

2.2 – Preparation of Bid

2.2.1 Bidders are instructed to submit their bid by email marked:

“REQUEST FOR BIDS - PURCHASE OF (1) 2024 Toyota 4 Runner SE READVERTISEMENT” in the subject line of the email and address to Courtney Prince, Purchasing Agent at coprince@nhcgov.com .

2.2.2 Completion of Bid Form (Price Sheet): Bidders are expected to examine the specifications herein, the schedule and all instructions. Failure to do so will be at the bidder’s risk. Each bidder shall furnish the information required on the price sheet. Bids submitted that are not on the attached price sheet may be rejected. BIDS NOT SIGNED WILL BE DEEMED NONRESPONSIVE AND

REJECTED.

All prices and notations shall be written in ink or typed. Discrepancies between words and numerals will be resolved in favor of words.

Changes or corrections made in the bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened.

2.2.3 No telephone bids will be considered. Bids received after the time and date for closing will not be considered.

2.3 – Questions Questions concerning the specifications in this Request for Bids (RFB) should be directed to Courtney Prince, Purchasing Agent by email to coprince@nhcgov.com.The deadline for questions is Wednesday, March 27, 2024 at 3:00 PM, EST.

An addendum summarizing all questions and answers will be posted to the County’s website by close of business on Thursday, March 28, 2024. Bidders who have notified the County of their intent to submit a proposal along with an email address will be sent the addendum upon posting.

2.4 – Communication Bidders may not have communications, verbal or otherwise, concerning this RFB with any personnel or boards from New Hanover County, other than the person listed in this section, which is Courtney Prince, Purchasing Agent by email at coprince@nhcgov.com. If any vendor attempts any unauthorized communication, the bid may be rejected.

2.5 – Intent to Submit All Bidders who intend to submit a bid on this project should send an email to coprince@nhcgov.com including pertinent contact information. This will also ensure that you receive any addenda issued for this RFB; if applicable.

2.6 - Cost of Preparation of Response Costs incurred by prospective Bidders in the preparation of the response to this Request for Bids are the responsibility of the Bidder and will not be reimbursed by The County.

2.7 – Bid Opening There will be no formal bid opening. A bid summary will be emailed to all bidders and posted to the County’s website.

2.8 – Award Award “shall be made to the lowest responsive responsible bidder taking into consideration quality, performance, and the time specified in the bid for the performance of the contract.”

The County may also consider other factors such as past performance, financial stability, and availability of equipment in the consideration of award.

2.9 – Ownership of Documents All bids and accompanying documentation will become the property of New Hanover County at the time the bids are opened and as such will not be returned to the bidder.

2.10 - Trade Secret Confidentiality Upon receipt of your bid by New Hanover County, your bid is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2. After opening, your bid will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

2.11 - Withdrawal of Bids Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. NO bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days.

2.12 - Equal Opportunity The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

The Bidder agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant is qualified. The Bidder agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices.

Pursuant to GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit bids in response to this RFB.

2.13- Indemnity The successful Bidder shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful Bidder hereunder, resulting from the negligence of or the willful act or omission of the Bidder, his agents, employees and subcontractors.

2.14 – E-Verify Pursuant to Session Law 2013-418, Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. County requires an affidavit attesting to Contractor’s compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract.

2.15 - Compliance with Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid/bid.

2.16- Successful Bidder The successful Bidder who is not currently registered as a vendor in the County’s vendor database will be required to register. Please visit the County’s website at Vendor Self Service (munisselfservice.com). For questions, contact David Maurizzi at 910-798-7192 or email dmaurizzi@nhcgov.com.

https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx mailto:dmaurizzi@nhcgov.com

2.17 – Federal Uniform Guidance The source of funds for this contract is federal fund. The following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141- 3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.)

and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324). (See Section 4 for Complete Details)

2.18 - Certificate of Authority Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15-01(a) (business corporations);

G.S. 55A-15-01(a) (nonprofit corporations); G.S. 57D-7-01(a) (limited liability companies); G.S. 59- 902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S. 55B- 16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.19 - Right to Reject Bids New Hanover County reserves the right to accept or reject any or all bids and to make the award which will be most advantageous to the County.

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F55_Article-5F15.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=0L6aEJHvt1Mmr8yTlz-TxDjRZja01_KHZmlT9pmmLws&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F57D_Article-5F7.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=Ij7DMyPb9V1kpcHf2UNSKBvk3wJRxHciohPTDZ-9cwM&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D91.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yKgp8Iy2gmgOepqKqQzA_pIpSEqH_YBEhdjv11N6f_c&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e

Section 3 – Specifications

PURCHASE OF (1) 2024 Toyota 4Runner SE

READVERTISEMENT

• Vehicle Specifications o 2024 (New) Toyota 4 Runner SE o 6 Cylinder o 5 Speed Automatic o White or Black exterior o Dark interior o Leatherette seats o All weather mats

Seller must be familiar with vehicle purchase by local government. New Hanover County will pay the tax and tags for this vehicle to NCDMV – do not include in bid. Transport of vehicle should be included in the bid. Delivery must be no later than June 30, 2024.

Please provide a detailed quote and a copy of your Sam.gov registration.

• Vehicle needs to be received no later than June 30, 2024.

Section 4 – Uniform Guidance Provisions

I. Contracts for more than the simplified acquisition threshold, 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.

II. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

III. 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.”

IV. Access to Records. The following access to records requirements apply to this contract:

a. The Contractor agrees to provide County, the Comptroller General of the

United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

c. The Contractor agrees to provide the federal agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

d. The County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal Agency Administrator or the Comptroller General of the United States.

V. 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-

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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 non-Federal 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.

VI. 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.

VII. 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 greements,”

Page 11 of and any implementing regulations issued by the awarding agency.

VIII. 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).

IX. 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 governmentwide 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.

X. 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 non-Federal award.

XI. Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines

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XII. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor's actions pertaining to this contract.

XIII. Federal Government Hold Harmless. This Agreement is made upon the express condition that the United States of America, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, or death to any person or property of the Permittee, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this agreement or occasioned by any occupancy or use of said premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States of America, its agents and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.

XIV. Domestic Preference Clause. Pursuant to 2.C.F.R. 200.322 Contractor, as appropriate and to the extent consistent with law, should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the Untied States, including but not limited to iron, aluminum, steel, cement and other manufactured products.

XV. Prohibition on Certain Telecommunications and Video Surveillance

Services or Equipment.

(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause

(b) Prohibitions.

(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or

Page 13 of loan guarantee funds from the Federal Emergency Management Agency to:

(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

(ii) (Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Exceptions.

(1) This clause does not prohibit contractors from providing—

a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) By necessary implication and regulation, the prohibitions also do not apply to:

a. Covered telecommunications equipment or services that:

i. Are not used as a substantial or essential component of any system; and

ii. Are not used as critical technology of any system.

b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

(d) Reporting requirement.

(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, Page 14 of the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable;

supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

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Section 5 – BID FORM

READVERTISEMENT - PURCHASE OF (1)

2024 TOYOTA 4RUNNER SE

Deadline for Receipt of Bids: Monday, April 1, 2024, @ 3:00

PM EST

I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.

Purchase of (1) 2024 Toyota 4Runner SE

Vehicle Specs Included Yes No

2024 Model

6 Cylinder

5 Speed Automatic

White or Black Exterior

Dark Interior

Leatherette Seats

All Weather Mats

Can provide vehicle by 6/30/23 deadline?

Yes No

Vehicle Unit Cost $

Transport Cost $

Page 16 of

ADDENDUM # Date

ADDENDUM # Date

Page 17 of

COMPANY/BIDDER’S NAME:

OFFICE PHONE: CELL PHONE:

ADDRESS:

EMAIL ADDRESS:

By signing, I affirm I am authorized to represent my firm and to provide the products and/or services required according to this bid response.

AUTHORIZED AGENT:

PRINTED NAME

SIGNATURE

DATE

Page 18 of

Section 6– New Hanover County Purchase Order Terms and Conditions

1. QUESTIONS CONCERNING THE PURCHASE ORDER: Contact the Bill To Department shown on the purchase order.

2. PURCHASE ORDER NUMBER: The purchase order number must appear on all invoices, packing slips, correspondence, and bill of lading. The County will not be responsible for goods delivered without a purchase order.

3. PRICE: If prices or terms do not agree with your quotation, you must notify the ordering Department immediately. All prices are quoted F.O.B. DESTINATION unless specifically indicated otherwise.

4. INVOICES: All invoices are to be mailed to the Bill To Department. Each purchase order must be invoiced separately. Invoices for partial shipments will be accepted and final invoices should indicate completion of order. The Purchase Order Number should be referenced on all invoices.

5. CASH DISCOUNTS: All cash discounts will be effective from the date an invoice is received and approved by the County and not the date the invoice is printed by the vendor

6. PAYMENT TERMS: The County agrees to pay all approved invoices Net Thirty (30) days from the date received and approved. The County does not agree to the payment of late charges or finance charges assessed by the seller for any reason. Invoices are payable in U.S. funds.

7. TAXES: New Hanover County is not Tax-Exempt. Prices shown on the County’s purchase orders do not include tax; however, all applicable taxes shall be paid by the County. Seller shall itemize taxes on the seller’s invoice. It should be noted that the County is exempt from Federal Excise Tax except as required to be paid by law.

8. QUANTITY: The specific quantity ordered must be delivered in full and will not be changed without the Purchasing’s consent. Any unauthorized quantity is subject to rejection and return at seller’s expense.

9. FREIGHT AND PACKAGING: Price quotations shall include freight, transportation, shipping, handling and similar charges. Collect freight shipments will be refused. The seller shall absorb any increase in rates becoming effective after the date hereof. The seller agrees to assume and pay all extra expense occurring on account of improper packaging.

10. SERVICES PERFORMED: All services rendered under this agreement will be performed at the Seller’s own risk and the Seller expressly agrees to indemnify and hold harmless New Hanover County, its officers, agents, and employees from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of any kind or nature whatsoever by or to any and all persons or property.

11. INSURANCE: Contractor shall maintain at its own expense (a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence for bodily injury or property damage; New Hanover County, shall be named as additional insured. (b) Professional Liability insurance in an amount not less than $1,000,000 per occurrence – if providing professional services; to include Environmental Professional, if applicable. (c) Workers Compensation Insurance as required by the general statutes of the State of North Carolina and Employer’s Liability Insurance not less than $500,000 each accident for bodily injury by accident, $500,000 each employee for bodily injury by disease, and $500,000 policy limit; (d) Commercial Automobile Insurance applicable to bodily injury and property damage, Page 19 of covering all owned, non-owned, and hired vehicles, in an amount not less than $1,000,000 per occurrence as applicable. (e) Pollution Liability insurance in an amount not less than $1,000,000 per occurrence, if applicable.

Certificates of Insurance shall be furnished prior to the commencement of Services to: New Hanover County, 230 Government Center Drive, Suite 125, Wilmington, NC 28403.

12. APPLICABLE LAWS: By the acceptance of this order, seller represents that the goods covered by this order are in full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend New Hanover County against any loss, cost, liability or damage by reason of seller’s violation of any laws.

13. CANCELLATION: New Hanover County reserves the right to cancel this order, or any part thereof, at any time without penalty. Such cancellation may be based upon failure of the seller to comply with the terms and conditions of this transaction, failure to perform the work with promptness and diligence, failure to make shipment within the time specified or for any other reason which causes the seller not to perform as agreed.

14. ACCEPTANCE AND INSPECTION: All goods shall be subject to the County’s right of inspection and rejection. Risk of loss and title to all goods shall remain with the seller until acceptance has been made by the County. If goods are rejected, they will be returned at seller’s risk for credit or replacement at the County’s option and all handling and transportation expenses both ways shall be assumed by the seller. When goods have been rejected, the County shall have the right to cancel any unshipped portion of this order.

Payment for supplies shall not constitute acceptance and is without prejudice to claims that the County may have against the seller.

15. WARRANTY: The seller expressly warrants that goods covered by this order will conform to the specifications, drawings, or samples furnished by the County and shall be free from defects in material and/or workmanship and shall be merchantable. This warranty shall survive any inspection, delivery acceptance or payment by the County. The seller also warrants that the goods do not infringe any patent, registered trademark or copyright and agrees to hold New Hanover County harmless in the event of any infringement or claim thereof. Additionally, seller warrants that the goods are free and clear of all liens and encumbrances and that seller has a good and marketable title to the same.

16. HAZARDOUS CHEMICALS: The seller shall ensure that each container of a hazardous chemical is labeled, tagged or marked with information required by OSHA’s Hazard Communication Standard, Department of Transportation requirements, and any applicable EPA requirements.

17. MATERIAL SAFETY DATA SHEETS (MSDS): The seller shall ensure that New Hanover County is provided an appropriate current MSDS with or prior to the initial shipment of a hazardous chemical, and with or prior to the first shipment after the MSDS is updated.

18. NON-DISCRIMINATION POLICY: New Hanover County does not discriminate on the basis of race, color, sex, national origin, religion, age or disability. Any contractors or vendors who provide services, programs or goods to the County are expected to fully comply with the County’s non- discrimination policy.

19. VERBAL AGREEMENT: The County will not be bound by any verbal agreements.

20. INDEPENDENT CONTRACTOR: It is mutually understood and agreed the seller is an independent contractor and not an agent of New Hanover County, and as such, seller, his or her agents and employees shall not be entitled to any County employment benefits, such

Page 20 of as but not limited to vacation, sick leave, insurance, worker’s compensation, pension or retirement benefits.

21. GOVERNING LAW: All terms and conditions shall be interpreted in accordance with the laws of the State of North Carolina.

22. E-VERIFY COMPLIANCE: As a condition of payment for services rendered under this agreement, Seller shall fully comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Seller provides the services to the County utilizing a subcontractor, Seller shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Seller shall verify, by affidavit, compliance with the terms of this section upon request by the County.

23. UNIFORM ADMINISTRATIVE REQUIREMENTS: By acceptance of this Purchase Order, the Vendor/Contractor agrees to comply with all applicable provision of Title 2, Subtitle A, Chapter II, Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 CFR § 200 et seq.

Page 21 of

Section 7 – Minority & Women Business Enterprise (MWBE) Program

(To be submitted with all bids)

Minority & Women Business Enterprise (MWBE) Program

FORM

A. Authorized Representative

I HEREBY AFFIRM THAT:

I am [name] , [title] , and the duly authorized representative of [Business Name] and that I possess the legal authority to make this statement on behalf of myself and the Business for which I am acting.

B. Affirmation Regarding MWBEB Program Acknowledgement and Compliance

I FURTHER AFFIRM THAT:

I am aware of and intend to comply with the County’s MWBE Program. As such [check one]:

The Business is certified as a woman- or minority-owned business by an accepted agency. (Attach proof certification)

The Business is a woman- or minority-owned business but has not been certified by an accepted agency. (Attach document of ownership such as articles of incorporation, current business license, K-1 of the most recent business tax return.)

The Business is not a woman- or minority-owned business; however, the bidder acknowledges the MWBE policy and if it should become necessary to subcontract some portion of the work at a later date or obtain materials or services in conjunction with this solicitation, the bidder will institute good faith efforts to comply with all requirements of the MWBE program in providing equal opportunities to MWBEs.

Signature: Date:

Page 22 of

Section 8 – E-Verify Form

E-VERIFY

STATE OF NORTH CAROLINA

COUNTY OF

I, (hereinafter Affiant), being duly authorized by and on behalf of (hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E- Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No)

a. YES , or

b. NO

4. Employer's subcontractors must comply with E-Verify and Employer will ensure compliance with E-Verify by any subcontractors subsequently hired.

This day of , 20 .

Signature of Affiant

Print or Type Name:

State of County of

Signed and sworn to (or affirmed) before me, this the day of , 20

My Commission Expires:

Notary Public

(Affix O fficial/Notarial Seal)

Page 23 of

Section 9 – Certification Regarding Debarment

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY and VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION

(1) The prospective lower tier participant (Bidder/Contractor) certifies, by submission of this bid or bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) The prospective Bidder/Contractor also certifies by submission of this bid or bid that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid or bid.

The lower tier participant (Bidder/Contractor), , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

Date Signature of Bidder’s Authorized Official

Printed Name and Title of Contractors Authorized Official

State of

County of

Subscribed and sworn to before me this day or , 20 .

Notary Public:

My Appointment Expires:

SEAL