REQSL1500122.pdf

INVITATION TO BID 25ITB1483477C-JH

Fire Extinguisher Testing and Maintenance Services

For

Department of Real Estate and Asset Management

BID ISSUANCE DATE: Wednesday September 24, 2025 BID DUE DATE AND TIME: Tuesday October 28, 2025 11:00 A.M.

PRE-BID CONFERENCE DATE: Tuesday October 14, 2025 10:00 A.M.

PURCHASING CONTACT: Joanna Hernandez at (404) 612-6127 E-MAIL: joanna.hernandez@fultoncountyga.gov

TABLE OF CONTENTS

Invitation to Bid Section 1 - Instructions to Bidders

1. Contract Documents

2. Bid Preparation

3. Receipt and Opening of Bids

4. Addenda and Interpretations

5. Site Examination

6. Bidder’s Modification and Withdrawal of Bids

7. Insurance and Risk Management Requirements

8. Right to Reject Bids

9. Applicable Laws

10. Examination of Contract Documents

11. Bid Evaluation

12. Award Criteria

13. Disqualification of Bidders

14. Basis of Award

15. Professional Licenses

16. Wage Clause

17. Notice of Award of Contract

18. Execution of Contract Documents

19. Payment Terms

20. Joint Venture

21. Non-Collusion

22. Georgia Security and Immigration Compliance Act

23. Term of Contract

24. No Contact Provision

25. Authorization to Transact Business

26. Kick-Off Meeting

27. Right to Protest

28. Certificate of Acceptance

29. Exceptions to the County’s Contract

30. Certification Regarding Debarment

31. Intergovernmental Cooperative Procurement Statement

32. Bid General Conditions Section 2 - Bid Form Section 3 - Scope of Work and Technical Specifications Section 4 - Insurance and Risk Management Provisions Section 5 - Purchasing Forms Section 6 - Contract Compliance Requirements Section 7 – Exhibits Section 8 – Sample Contract

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INVITATION TO BID

25ITB1483477C-JH Fire Extinguisher Testing and Maintenance Services

Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for for Fire Extinguisher Testing and Maintenance Services must be electronically submitted to the Fulton County Department of Purchasing and Contract Compliance via BidNet Direct, no later than 11:00 a.m., local time, on Tuesday October 28, 2025.

SCOPE OF WORK

To provide inspection, repairs, new installation and related Fire Extinguisher Testing and Maintenance Services for Fulton County and must possess a license issued by the State of Georgia Insurance and Fire Safety Commissioner, as specified.

The detailed scope of work and technical specifications are outlined in the Scope of Work of this bid document.

METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this bid is Code Section 102-373, Competitive Sealed Bid.

BID DOCUMENTS

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

PURCHASING CONTACT

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Purchasing Contact Name: Joanna Hernandez Email: joanna.hernandez@fultoncountyga.gov Phone: 404-612-6127

PRE-BID CONFERENCE

A Pre-Bid Conference will be held via web-conference.

Date: Tuesday October 14, 2025 Time: 10:00 A.M.

Link: https://zoom.us/j/92300826791 The Pre-Bid Conference will be conducted for the purpose of explaining the County’s bid process, the specifications/technical documents; to provide non-binding verbal responses to questions concerning these bid specifications; and, to discuss issues from the Bidders perspective. However, no verbal response provided at the Pre-Bid Conference binds the County. Only those responses to questions submitted through BidNet Direct and responded to by the County will be official.

Inquiries regarding the solicitation either technical or otherwise may be submitted prior to the Pre-Bid Conference and will be addressed during the Pre-Bid Conference.

Any additional questions asked at the Pre-Bid Conference will be responded to in the form of an addendum with the County’s official responses.

Fulton 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 Fulton County Government should be directed to Mario Avery, Contract Compliance Administrator at (404) 612-6307 or email: mario.avery@fultoncountyga.gov.

https://www.bidnetdirect.com/georgia/fultoncounty mailto:mario.avery@fultoncountyga.gov

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VENDOR REGISTRATION

Bid responses must be submitted electronically on-line through BidNet Direct. The Bidder’s firm must be a registered vendor with BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty in order to submit a response to this ITBC. There is no charge to register, simply follow the registration path and select the "Limited Access" option.

If you need any assistance registering or using the platform, please call BidNet's Support Team at 800-835-4603 ext. 2 for assistance.

https://www.bidnetdirect.com/georgia/fultoncounty

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SECTION 1

INSTRUCTIONS TO BIDDERS

The following provisions are hereby made a part of this Invitation to Bid. Any Contract awarded as the result of this Bid shall be governed by the following terms and conditions.

1. CONTRACT DOCUMENTS

The Contract Documents include the Contract Agreement, Contractor's Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the County prior to the Notice of Award), any Special Conditions, General Conditions, Supplementary Conditions, Specifications and addenda, together with written amendments issued in accordance with the General Conditions on or after the date of the Contract Agreement.

The Contract Documents shall define and describe the complete work to which they relate.

2. BID PREPARATION

Bidders shall SUBMIT ONE (1) ORIGINAL, SIGNED AND DATED BID RESPONSE IN PDF FORMAT ELECTONICALLY THROUGH BIDNET DIRECT (https://www.bidnetdirect.com/georgia/fultoncounty) on the forms provided in the Bid Document.

All bids must be made on the bid forms contained herein and shall be subject to all requirements of the Agreement Documents. All bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the bid by the Bidder.

Lump sum, unit price and extensions of unit prices must be entered in the appropriate spaces provided on the Bid Schedule/Bid Form. Unit prices shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount. All blank spaces must be typed or handwritten in blue ink on the “Original”. All dollar amounts must be BOTH in writing and figures and represent prices for the published scope of work without exceptions.

The County may, in its sole discretion, reject any bid determined as irregular, a conditional bid or any bid on which there is an alteration of, or departure from the Bid Schedule attached.

Failure to execute the Bid Schedule/Bid Form documents may result in Bidder being deemed non-responsive and cause rejection of the bid.

3. RECIEPT AND OPENING OF BIDS

Sealed bids will be received by the Fulton County Department of Purchasing & Contract Compliance electronically via BidNet Direct as described above. All submitted bid responses will be electronically time and date stamped at the time all documents are uploaded and received.

REQUIRED SUBMITTALS: The bidder must complete and execute the following documents and upload as required:

1. Bid Form

2. Acknowledgement of each Addendum

3. Purchasing Forms – All forms listed below must be completed and uploaded in the Exhibit 1, Purchasing Forms envelope:

a. Form A: Georgia Security and Immigration Contractor Affidavit and Agreement

b. Form B: Georgia Security and Immigration Subcontractor Affidavit

c. Form C: Professional License Certifications

d. Form D: Disclosure Form & Questionnaire

e. Exhibit A: Promise of Non-Discrimination

f. Exhibit B1: Schedule of Intended Subcontractor Utilization

g. Exhibit B2: Subcontractors & Suppliers Form

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h. Exhibit C: Subcontractor Contact Form

i. Insurance and Risk Management Signature Page

Any bid responses received after the stated time and date will not be considered. It shall be the sole responsibility of the bidder to have his/her bid submitted in BidNet Direct to the County for receipt on or before the stated time and date.

Bid(s) shall be publicly opened via web conferencing, with only the names and total bid price of the bidders disclosed at the opening.

Date: Tuesday October 28, 2025 Time: 11:15A.M.

Web Conference Link: https://zoom.us/j/97708775313

4. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the specifications or other pre-bid documents will be made to any Bidder orally.

Bidders requiring clarification or interpretation shall submit question(s) via BidNet Direct website to the designated Purchasing Representative. To be given consideration, requests must be received no later than 2:00 PM, Tuesday October 21, 2025. The County will not respond to any requests, oral or written, received after this date.

Only communications from firms that are in submitted via BidNet Direct website will be recognized by the County as duly authorized expressions on behalf of Bidder(s). Any and all such interpretations and any supplemental instructions to this solicitation will be in the form of written addenda to the specifications and posted on BidNet Direct website.

Failure of Bidders to receive or acknowledge any addendum shall not relieve them of any obligation under the Bid. All addenda shall become part of the Contract Documents.

5. SITE EXAMINATION

There will not be a scheduled site visit for this project. However, bidders are encouraged to visit the project site on their own.

6. BIDDER’S MODIFICATION AND WITHDRAWAL OF BIDS

A Bidder may modify or withdraw its bid by written request, provided that the request is received by the County prior to the bid due date and time at the address to which bids are to be submitted. Provided further, that in case of an electronic request (i.e. facsimile, e-mail, etc.) a written confirmation thereof over the authorized signature of the Bidder must be received by the County at the address to which original Bids are to be submitted within three (3) calendar days after issue of the electronic message. Following withdrawal of its bid, the Bidder may submit a new bid, providing delivery is affected prior to the established bid opening date and time. No bid may be withdrawn after bid due date for sixty (60) calendar days.

7. INSURANCE AND RISK MANAGEMENT REQUIREMENTS

Insurance and Risk Management provisions and Indemnification and Hold Harmless provisions are outlined in Section 5 of this ITB.

Upon award, the successful Bidder must obtain at their expense, a Certificate of Insurance (“COI”) with policy limits equal to or greater than the limits outlined in Section 5. Proof of insurance must be provided to the County prior to the start of any work activities/services as described in the bid documents. Any and all insurance coverage(s) and/or bonds required under the terms and conditions of the contract shall be maintained during the entire term of the contract, including any contract modifications thereto, and until all work has been completed to the satisfaction of the County.

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8. RIGHT TO REJECT BIDS

The County reserves the right to reject any or all bids and to waive informalities. No bids will be received after the time set for opening bids. Any unauthorized conditions, limitations or provisions attached to the Bid, except as provided herein, will render it informal and may cause its rejection. Unbalanced bids will be subject to rejection. Any bidder may withdraw his/her bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of bids.

Telegraphic or written requests for withdrawal must be in the possession of the County prior to the closing time for receipt of bids.

9. APPLICABLE LAWS

All applicable laws and regulations of the State of Georgia and ordinances and regulations of Fulton County shall apply.

Protestors shall seek resolution of their complaints in the manner provided in the Fulton County Purchasing Code §102-488

et. seq., incorporated by reference herein.

10. EXAMINATION OF CONTRACT DOCUMENTS

Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request to the County for an interpretation or correction of any ambiguity, in consistency or error therein which could be discovered by a bidder. At the bid opening each bidder shall be presumed to have read and be familiar with the contract documents.

11. BID EVALUATION

a. Each Bid timely received and in the County's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of sixty calendar days after the Bid opening and will not be withdrawn or modified during that time. The County may accept any Bid by giving the Bidder Written Notice of acceptance during that time. If necessary, the period of time specified may be extended by written agreement between the County and the Bidder or Bidders concerned.

b. After the Bids have been opened and before any award is made, the County will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the Agreement satisfactorily.

c. All extension of the unit prices shown, and the subsequent addition of extended amounts may be verified by the County. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

d. Bidder may be required to submit, in writing, the addresses of any proposed Subcontractors or Equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The County reserves the right to disapprove any proposed Subcontractor or Equipment manufacturers whose technical or financial ability or resources or whose experience are deemed inadequate.

e. The County reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the County. Where only a single responsible and responsive Bid is received, the County may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole Bidder shall be solely within the County’s discretion and not dependent upon performance of a price or cost analysis.

f. Bids will be evaluated on the basis of determining the lowest Bid total of a Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding Documents relating thereto. Any Bid may be rejected

6 | P a g e if it is determined by the County to be non-responsive, provided, however, that the Commission reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public.

Furthermore, any Bid may be rejected if it is determined by the County, in its sole discretion, that the Bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination. Additionally, the County reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s).

g. The County intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. In addition, the County reserves the right to reject all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so.

h. A Pre-award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents.

12. AWARD CRITERIA

Award will be made after evaluating the prices, responsiveness and responsibility of each Bidder.

A. Responsiveness: The determination of responsiveness will be determined by the following:

a. The completeness of all material, documents and/or information required by the County;

b. Whether the bidder has submitted a complete Bid form without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Bid form.

B. Responsibility: The determination of the bidder’s responsibility will be determined by the following

a. The ability, capacity and skill of the Bidder to perform and/or provide the Work required;

b. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the County that he/she is properly qualified to carry out the obligations of the Contract;

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

d. The quality of performance of work on previous contracts or work; Maintains a permanent place of business individually or in conjunction with the prime contractor.

e. Has the appropriate and adequate technical experience necessary to perform the Work;

f. Has adequate personnel and equipment to do the Work expeditiously;

g. Has suitable financial means to meet obligations incidental to the work.

13. DISQUALIFICATION OF BIDDERS

Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid:

a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same of different name(s);

b. Evidence of collusion among Bidders;

c. Previous participation in collusive bidding on Work for the County;

d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items;

e. Lack of competency of Bidder. The Agreement will be awarded only to a Bidder(s) rated as capable of performing the Work.

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14. BASIS OF AWARD

The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder. No bid may be withdrawn for a period of sixty (60) days after the date of bid opening except as permitted by O.C.G.A., §36-91-41 et seq., as amended.

The recommendation will be based on the bidders’ prices for type of service (annual testing, semi- annual, hydrostatic tests, re-charging and/or replacement) of variety of fire extinguisher devices accordingly to the number of estimated quantities, times the unit cost to include service per call; and totaling up all costs for all 30 total line items for Based Bid Amount to determine the lowest responsible bidders complying with the provisions of this ITB.

The recommendation will also be based on the bidder’s submittal of required certification by the State of Georgia Insurance and Fire Safety Commissioner for fire extinguisher testing and maintenance, the Georgia State Fire Marshal (GSFMO) issued license to install, inspect, recharge, repair, service and/or test portable fire extinguishers or fire suppression systems.

15. PROFESSIONAL LICENSES (APPLICABLE)

The State of Georgia requires that the following professions are required by state law to be licensed:

1. Electricians

2. Plumbers

3. Conditioned Air Contractors

4. Low voltage Contractors

5. Georgia State Fire Marshal (GSFMO) Bidders and any sub-contractors performing any of the above described work must provide a copy of their license for the work they will perform on this project. Bidders must complete Form C3: Georgia Professional License Certification in Section 6, Purchasing Forms Failure to provide the required license may deem your bid non-responsive.

16. WAGE CLAUSE

Pursuant to 102-413, Each Contractor shall agree that in the performance of the Contract he will comply with all lawful agreements, if any, which the Contractor had made with any association, union, or other entity, with respect to wages, salaries, and working conditions, so as not to cause inconvenience, picketing, or work stoppage.

17. NOTICE OF AWARD OF CONTRACT

As soon as possible, and within sixty (60) days after receipt of bids, the County shall notify the successful Bidder of the Award of Contract.

The award shall be made by the Board of Commissioners of Fulton County to the lowest responsive, responsible bidder(s) as soon as possible after receipt of bids, taking into consideration price and the responsiveness to the requirements set forth in the Invitation for Bid. In such case, no claim shall be made by the selected Contractor(s) for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of his bid. The total of the awarded contract shall not exceed the available funds allocated for this project.

Should the County require additional time to award the contract, the time may be extended by mutual agreement between the County and the successful bidder. If an Award of Contract has not been made within sixty (60) days from the bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party.

Any award made by the Board of Commissioners as a result of this bid will begin from the date of the notice to proceed. The Bidder agrees hereby to commence work under this Contract, with adequate personnel and equipment, on a date to be specified in a written order from the user department. The contract shall become effective on the Contract Date and shall

8 | P a g e continue in effect until the end of the term of the contract or until the project has been closed-out unless earlier terminated pursuant to the termination provisions of the contract.

18. EXECUTION OF CONTRACT DOCUMENTS

Upon notification of Award of Contract, the County shall furnish the Contractor the conformed copies of Contract Documents for execution by the Contractor and Contractor’s surety.

Within ten (10) days after receipt the Contractor shall return all the documents properly executed by the Contractor and the Contractor’s surety. Attached to each document shall be an original power-of-attorney for the person executing the bonds for the surety and certificates of insurance for the required insurance coverage.

After receipt of the documents executed by the Contractor and his surety with the power-of-attorney and certificates of insurance, the County shall complete the execution of the documents. Distribution of the completed documents will be made upon completion.

Should the contractor and/or surety fail to execute the documents within the time specified, the County shall have the right to proceed on the Bid Bond accompanying the bid.

If the County fails to execute the documents within the time limit specified, the Contractor shall have the right to withdraw the Contractor’s bid without penalty.

Should an extension of any of the time limits stated above be required, this shall be done only by mutual agreement between both parties.

Any agreement or contract resulting from the acceptance of a bid shall be on a County approved document form. The County reserves the right to reject any agreement that does not conform to the Invitation for Bid and any County requirements for agreements and contracts. The County reserves the right to modify the agreement resulting from this bid upon the recommendation of the County Attorney.

19. PAYMENT TERMS

After award and execution of the Contract Agreement, the County will issue a Purchase Order for invoices to be submitted for payment. Your company must be registered in the County’s AMS System in order for the Department of Purchasing & Contract Compliance to issue a Purchase Order and for your company to receive payments. The awarded Vendor(s) must register in the Vendor Self Service System as a Vendor in order for the Department of Purchasing & Contract Compliance to issue a Purchase Order at www.fultonvendorselfservice.co.fulton.ga.us. A copy of the company’s current Business License and W-9 are required to complete the vendor registration process.

All payments will be made via Electronic Funds Transfer (EFT). The awarded Vendor(s) must register in the Vendor Self Service System at https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService to receive payment via EFT.

If you have any questions regarding registering, please contact the County’s Vendor Coordinator at (404) 612-5907 Specific payment terms are described in the Section 8, General Conditions.

20. JOINT VENTURE

Any Bidder intending to respond to this solicitation as a joint venture must submit an executed joint venture agreement with its offer. The agreement must designate those persons or entities authorized to execute documents or otherwise bind the joint venture in all transactions with Fulton County, or be accompanied by a document, binding upon the joint venture and its constituent members, making such designation. Offers from joint ventures that do not include these documents will be rejected as being non-responsive.

21. NON-COLLUSION

http://www.fultonvendorselfservice.co.fulton.ga.us/ https://vss.fultoncountyga.gov/webapp/VSSPROD/AltSelfService

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By submitting a signed Bid, Bidder certifies and attests that there has been no collusion with any other Bidder. Reasonable grounds for believing Bidder has an interest in more than one Bid will result in rejection of all Bids in which the Bidder has an interest. Any party to collusion may not be considered in future Bids for the same or similar work.

22. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

This Invitation to Bid is subject to the Georgia Security & Immigration Compliance Act. Effective July 1, 2013, bidders and proposers are notified that all bids/proposals for services that are to be physically performed within the State of Georgia must be accompanied by proof of their registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. Physical performance of services means any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services 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).

A completed affidavit must be submitted with the bid/proposal at the time of submission, prior to the time for opening bids/proposals. Under state law, the County cannot consider any bid/proposal which does not include a completed affidavit.

It is not the intent of this notice to provide detailed information or legal advice concerning the Georgia Security & Immigration Compliance Act. All bidders/proposers intending to do business with the County are responsible for independently apprising themselves and complying with the requirements of that law and its effect on County procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll .

The Chief Purchasing Agent is authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and Enforcement Act and the rules and regulations of the Georgia Department of Labor.

23. TERM OF CONTRACT

The contract term shall be as defined below. The County is obligated only to pay such compensation under the contract as may lawfully be made from funds budgeted and appropriated for that purpose during the County’s then current fiscal year.

a. Commencement Term The effective date of the Purchase Order shall begin the starting date and shall end absolutely and without further obligation on the part of the County on the 31st day of December 2026. The Commencement Term shall be subject to events of termination and the County’s termination rights that are described elsewhere in this Agreement. Notwithstanding anything contained in this Agreement, the County’s obligation to make payments provided under this Agreement shall be subject to the County’s annual appropriations of funds for the goods, services, materials, property and/or supplies procured under this Agreement by the County’s governing body and such obligation shall not constitute a pledge of the County’s full faith and credit within the meaning of any constitutional debt limitation.

b. Renewal Terms Unless the terms of this Agreement are fulfilled with no further obligation of the part of either party on or before the final date of the Commencement Term as stated above, or unless an event of termination as defined within this Agreement occurs during the Commencement Term, this Agreement may be renewed at the written option of the County upon the approval of the County Board of Commissioners for two (2) one-year (“Renewal Terms”). However, no Renewal Term of this Agreement shall be authorized, nor shall any Renewal Term of this Agreement commence unless and until each Renewal Term has first been approved in writing by the County Board of Commissioners for the calendar year of such Renewal Term. If approved by the County Board of Commissioners, each Renewal Term below shall begin on the 1st day of January for the calendar year of such Renewal Term and shall end no later than the 31st day of December of the calendar year of such Renewal Term:

https://e-verify.uscis.gov/enroll

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Option Period Option Duration Start Date End Date 1 12 months January 1, 2027 December 31, 2027 2 12 months January 1, 2028 December 31, 2028

If the County chooses not to exercise any Renewal Term as provided in this Section, then the Term of this Agreement then in effect shall also be deemed the “Ending Term” with no further obligation on the party of either party.

c. Term Subject to Events of Termination

All “Terms” as defined within this Section are subject to the section of this Agreement which pertain to events of termination and the County’s rights upon termination.

d. Same Terms Unless mutually agreed upon in writing by the parties, or otherwise indicated herein, all provisions and conditions of any Renewal Term shall be exactly the same as those contained within in this Agreement.

e. Statutory Compliance Regarding Purchase Contracts.

The parties intend that this Agreement shall, and this Agreement shall operate in conformity with and not in contravention of the requirements of O.C.G.A. § 36-60-13, as applicable, and in the event that this Agreement would conflict therewith, then this Agreement shall be interpreted and implemented in a manner consistent with such statute.

24. NO CONTACT PROVISION

It is the policy of Fulton County that the evaluation and award process for County contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and County officials, elected officials and staff regarding pending awards of County contracts shall be prohibited.

A. No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any County officer, elected official, employee, or designated County representative, between the date of the issuance of this solicitation and the date of the County Manager’s recommendation to the Board of Commissioners for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

B. All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the Purchasing Agent.

C. Any violation of this prohibition of the initiation or continuation of verbal or written communications with County officers, elected officials, employees, or designated County representatives shall result in a written finding by the Purchasing Agent that the submitted Bid or proposal of the person, firm, or entity in violation is “non-responsive”, and same shall not be considered for award.

25. AUTHORIZATION TO TRANSACT BUSINESS

If the Contractor is a corporation or corporations combined to form a joint venture, the corporation or members of the joint venture team, prior to Agreement execution, must submit documentary evidence from the Secretary of State that the corporation is in good standing and that the corporation is authorized to transact business in the State of Georgia.

26. KICK-OFF MEETING

A Kick-off conference may be held with the successful Bidder and all known Subcontractors at a date and time set by the County.

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27. RIGHT TO PROTEST

Any actual bidder or offeror that has submitted a bid/proposal for a particular procurement and is aggrieved in connection with the solicitation or award of the contract shall protest in writing to the purchasing agent after the date that the specific bid or proposal is submitted. No protest will be accepted or considered prior to the date the specific bid or proposal is submitted;

it will be considered untimely. All protests shall set forth in full detail the factual and legal basis for the protest and specific relief sought by the protestor. Protests arising from factual or legal basis that the protestor knew or should have known prior to the submission of the bid/proposal must be submitted within three business days of the submission of the bid/proposal.

Protests arising from factual or legal basis that the protestor knew or should have known subsequent to the date the bid/proposal was submitted must be submitted within ten business days after the protestor knew or should have known of such basis, but in no event shall any protest be submitted more than ten business days after the award of the contract.

Untimely protests will not be considered by the purchasing agent and will be simply denied as untimely. Decisions on timeliness by the purchasing agent are not appealable. An oral protest or a protest to an official, employee, User Department, or other person apart from the Director of Purchasing & Contract Compliance does not comply.

28. CERTIFICATE OF ACCEPTANCE

By responding to this Bid, Bidder acknowledges that he/she has read this solicitation document, including any addenda, exhibits, attachments, and/or appendices in its entirety, and agrees that no pages or parts of the document have been omitted, that he/she understands, accepts and agrees to fully comply with the requirements therein.

Bidder also certifies and attests that the Bidder has reviewed the form Fulton County contract included in this solicitation and agrees to be bound by its terms, or that the Bidder certifies that it is submitting any proposed modification(s) to the contract terms with its proposal in accordance with Section 2.26, Exceptions to the County’s Contract. The Bidder further certifies that the failure to submit proposed modifications with the Bid waives the Bidder’s right to submit proposed modifications later. The Bidder also acknowledges that the indemnification and insurance provisions of Fulton County’s contract included in this solicitation document are non-negotiable and that proposed modifications to said terms may be reason to declare the Bidder’s Bid as non-responsive.

29. EXCEPTIONS TO THE COUNTY’S CONTRACT

If Bidder takes exception to any term or condition set forth in the Owner-Contractor Agreement, and any of its exhibits, appendices or attachments, said exceptions must be clearly identified in the response to this Bid. Exceptions or modifications to any of the terms and conditions must be submitted as a separate document accompanying the Bidder’s Bid clearly marked as “Exceptions.”

The County shall be the sole determiner of the acceptability of any exception(s).

30. CERTIFICATION REGARDING DEBARMENT

By responding to this Bid, Bidder certifies that neither it or its subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency. Any such exclusion may cause prohibition of your firm from participating in any procurement by the County. Section 102-449 of the Fulton County Code of Laws, which is incorporated as if fully set forth herein, establishes the procedure for the debarment of contractors.

31. INTERGOVERNMENTAL COOPERATIVE PROCUREMENT STATEMENT (APPLICBLE/NON-APPLICABLE) The County through the Department of Purchasing & Contract Compliance grants to any public serving governmental agency, authorization to purchase equivalent services or products described herein with this solicitation at the same submitted unit bid price, terms and conditions, but only with the consent of the Contractor/Consultant/ Service Provider.

Public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s)/Consultant(s)/Service Provider(s) under the terms and conditions of the resultant contract. Any purchases shall be between the Contractor/Consultant/Service Provider and the participating public agency and shall not impact the

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Contractor’s/Consultant’s/Service Provider’s obligation to the County. Any estimated purchase volumes listed herein do not include other public agencies and the County makes no guarantee as to their participation.

32. BID GENERAL CONDITIONS

1. A Bid may be withdrawn upon receipt of a written request prior to the stated due date and time. If a firm seeks to withdraw a bid after the due date and time, the firm must present a notarized statement indicating that an error was made, with an explanation of how it occurred. The withdrawal request must be accompanied by documentation supporting the claim. Prior to approving or disapproving the request, an opinion will be obtained from the County Attorney’s Office indicating whether the firm is bound by its Bid.

Bids for projects that are solicited pursuant to the Georgia Local Government Public Works Construction Law (O.C.G.A. § 36-91-1 et seq.) may be withdrawn as follows:

The County must advise Bidders in the solicitation of the number of days that Offerors will be required to honor their Bid. If an Bidder is not selected within 60 days of opening the Bids, any Bidder that is determined by the governmental entity to be unlikely of being selected for contract award will be released from the Bid.

2. Fulton County shall be the sole judge of the quality and the applicability of all Bids. Design, features, overall quality, local facilities, terms and other pertinent considerations will be taken into account in determining acceptability.

3. The successful Bidder must assume full responsibility for delivery of all goods and services proposed.

4. The successful Bidder must assume full responsibility for replacement of all defective or damaged goods and/or performance of contracted services within thirty (30) days’ notice by the County of such defect, damage or deficiency.

5. The successful Bidder must assume full responsibility for providing warranty service on all goods, materials, or equipment provided to the County with warranty coverage. Should a vendor be other than the manufacturer, the vendor and not the County is responsible for contacting the manufacturer. The Offeror is solely responsible for arranging for the service to be performed.

6. The successful Bidder shall be responsible for the proper training and certification of personnel used in the performance of the services proposed.

7. The successful Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any contract resulting from the Bid or of any of its rights, title or interest therein without prior written consent of the Fulton County Board of Commissioners.

8. In case of default by the successful Bidder, Fulton County may procure the articles or services from another source and hold the successful Bidder responsible for any resultant excess cost.

9. All proposals and Bids submitted to Fulton County are subject to the Georgia “Open Records Act”, Official Code of Georgia, Annotated (O.C.G.A.) § 50-18-70 et seq.

10. All proposals and Bids submitted to Fulton County involving Utility Contracting are subject to the Georgia law governing licensing of Utility Contractors, O.C.G.A. §43-14-8.2(h).

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SECTION 2 BID FORM

1. PRICING

1.On the bid form the total cost of the Six Year maintenance price quoted for all services must be inclusive of cost of all incidental services and parts.

2.On the bid form the Hydrostatic testing price quoted for all services must be inclusive of cost of all incidental services and parts.

3.On the bid form the Recharging price quoted for all services must be inclusive of cost of all incidental services and parts.

4.The County requires Original Equipment Manufacturer (OEM) parts only related to the even exchange of equipment for maintenance of extinguishers.

5.The County requires Original Equipment Manufacturer (OEM) parts only related to parts and chemicals used for extinguisher maintenance.

6.The County requires Original Equipment Manufacturer (OEM) parts only. The County does not allow re-use of parts.

7.The Bid form lists different types of “Dry Chemical” extinguishers. Mostly Sodium bicarbonate, Potassium bicarbonate, or Ammonium phosphate. are the intended types in this bid.

The information below must be completed in full. No portion of this Pricing Sheet shall be left blank. Please use the number on line 31 as the “Base Bid Amount” in Section 2, Bid Form

No Type of

Extinguish er

Type of Service Estimate d Quantity

Unit Cost

Total Cost

1 5 lbs. ABC Annual Service 200 $ $

2 5 lbs. ABC Six Year Service 20 $ $

3 5 lbs. ABC Hydrostatic Tests

30 $ $

4 5 lbs. ABC Re-charging 20 $ $

5 5 lbs. ABC Replace 10 $ $

6 10 lbs.

ABC

Annual Service 950 $ $

7 10 lbs.

ABC

Six Year Service 100 $ $

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8 10 lbs.

ABC

Hydrostatic Tests

50 $ $

9 10 lbs.

ABC

Re-charging 15 $ $

10 10 lbs.

ABC

Replace 40 $ $

11 10 lbs. Dry Chemical

Annual Service 30 $ $

12 10 lbs. Dry Chemical

Six-year Service 10 $ $

13 10 lbs. Dry Chemical

Hydrostatic Tests

3 $ $

14 10 lbs. Dry Chemical

Re-charging 2 $ $

15 10 lbs. Dry Chemical

Replace 2 $ $

16 5 lbs. Dry Chemical

Annual Service 55 $ $

17 5 lbs. Dry Chemical

Six-year Service 5 $ $

18 5 lbs. Dry Chemical

Hydrostatic Tests

10 $ $

19 5 lbs. Dry Chemical

Re-charging 5 $ $

20 5 lbs. Dry Chemical

Replace 30 $ $

21 10 lbs.

*Halon/Hal otron

Annual Service 35 $ $

22 10 lbs.

*Halon/Hal otron

Six-year Service 4 $ $

23 10 lbs.

*Halon/Hal otron

Hydrostatic Tests

5 $ $

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24 10 lbs.

*Halon/Hal otron

Re-charging 4 $ $

25 10 lbs.

*Halon/Hal otron

Replace 4 $ $

26 10 lbs.

CO2

Annual Service 60 $ $

27 10 lbs.

CO2

Hydrostatic Tests

9 $ $

28 10 lbs.

CO2

Re-charging 6 $ $

29 10 lbs.

CO2

Replace 6 $ $

30 Service Call Charges

Charge per call 150 service calls

31 Total Cost for all estimated services (Please enter this amount as Base Bid amount)

* Halon - Indicate price for Halon or Halon replacement

1. Quantities indicated above are estimates. Fulton County guarantees no minimum quantity.

2. The above rates will be applied to the services when completed, irrespective of the quantity involved.

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SECTION 3

SCOPE OF WORK AND TECHNICAL SPECIFICATIONS

2. DESCRIPTION OF PROJECT

To provide inspection, repairs, new installation and related Fire Extinguisher Testing and Maintenance Services for Fulton County and must possess a license issued by the State of Georgia Insurance and Fire Safety Commissioner, as specified.

3. SCOPE OF WORK

Prior to commencement of any work, the contractor will meet with facility maintenance personnel to discuss the points of contact, building access and invoice processing. This contract is for an indefinite quantity of fire extinguishers.

Therefore any variations in quantity during the currency of this contract will be covered.

Prospective bidders to this solicitation must possess and upload a copy of a license issued by the State of Georgia Insurance and Fire Safety Commissioner.

The successful bidder shall provide the following contractual services:

1. Identifying all fire extinguishers installed in the designated building.

2. Annual inspection and certification of all fire extinguishers identified.The annual inspection must include verifying the condition of charge, physical state of valves and fittings on the container and replacement of any damaged clips/pins labels etc. No additional payments will be made for these parts/services.

3. Unscheduled and/or emergency refills, re-charging and/or repairing of specified fire extinguishers. The quote for refill/recharge and servicing shall include all costs associated with parts, ties, tags, labels, haz-mat charges, transportation charges and labor charges.

No additional payments will be made for these.

4. Replace fire extinguisher/s where the existing ones are defective, after consulting representatives of Department of Real Estate and Asset Management.

5. The vendor must also be prepared to recommend and install new fire extinguishers to bring the building space in compliance with the code.

6. Periodic inspections, including six-year testing and maintenance, 12-year testing and hydrostatic testing where required.

7. Provide training to Fulton County technicians for a duration not more than 8 hours each year. The training should cover basic types of extinguishers

14 | P a g e and how and where each is used, what to look for in monthly inspections etc. Cost of these training's may be pro-rated in the cost of annual inspections. Training must be coordinated with the Maintenance Managers of each area.

8. Provide a compliance letter for each building inspected. Invoice not accompanied by compliance letter is likely to be rejected.

9. Work must be performed in accordance with current edition of NFPA 10, portable fire extinguishers and in accordance with the National Association of Fire Equipment Distributors’ (NAFED) Services and Recharge Manual.

10. The contractor must be capable of leaving loaner extinguishers when extinguishers are removed for work off-site. Fulton County will not pay rent for such loaner extinguishers.

11. The contractor must use Nitrogen or dry compressed air when refilling and /or servicing portable extinguishers with a minimum dew point of -60-degree F. Contractor must provide certificate indicating dew point if dry air is used.

The contractor, when performing CO2 continuity test on hose assemblies, shall provide an adhesive label indicating month/year test was performed.

Any parts that need to be replaced must be returned to the owner for his disposal.

Note: Any recommendation made in response to the inspection will be free of any charge to Fulton County.

Working Hours

All specified testing and maintenance may be accomplished during normal business hours. The bidder may choose to accomplish some of the work at other than normal business hours at no additional cost to the county. The timing of repair services will be dictated by the seriousness of the situation. For this contract normal working hours will be from 7:00 A.M to 5:00 P.M. Monday thru Friday, excluding Fulton County holidays.

Any additional work requested by Fulton County to be performed outside of normal working hours (including weekends and holidays) will be paid at the quoted rate, subject to a maximum of 1.5 times the rate of the basic hourly rate bid. Holiday rates will apply only to holidays officially recognized by Fulton County.

The successful bidder is required to respond to all emergency repair calls within two (2) hours of notification failure to respond within the two (2) hour time will not be a basic for overtime payment.

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Warranty

The successful bidder will be responsible for providing warranty on all parts and labor for minimum period of ninety (90) days from the completion of the service. In the case of parts, if the manufacturer’s standard warranty period is greater than 90 days, the manufacturer’s standard warranty period will prevail.

Any repair or replacement required within the warranty period will be at the expense of the successful bidder. Parts under warranty will be replaced at no additional cost to Fulton County.

Technical Reports

The successful bidder is required to submit a technical report on service calls/annual service within five (5) days of completion. The report must contain necessarily the following information:

1. Number of fire extinguishers in each facility, indicating type and size of extinguisher inspected

2. Number of extinguishers replaced.

3. Inspection report as required.

Fire Extinguisher Types:

Fulton County estimates there are approximately sixteen hundred (1600) fire extinguishers in facilities distributed across geographic confines of the County.

Roughly sixty five percent (65 %) are A.B.