rfb24_0026.pdf

RFB No. 24-0026 Stage Curtains Page 1 of 28

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government

FINANCE DEPARTMENT

PURCHASING DIVISION 1111 1st AVENUE – 1st FLOOR, COLUMBUS, GEORGIA 31901

P. O. BOX 1340, COLUMBUS, GEORGIA 31902-1340

706-225-4087, FAX 706-225-4086

www.columbusga.gov February 9, 2024

REQUEST FOR BIDS:

RFB No. 24-0026

Qualified vendors are invited to submit sealed bids, subject to conditions and instructions as specified, for the furnishing of:

STAGE CURTAINS

GENERAL SCOPE The Consolidated Government of Columbus, Georgia (the City) is requesting bids for a total of twenty-three (23) stage curtains, consisting of fourteen (14) side curtains and nine (9) middle stage curtains for the Columbus Civic Center arena. The curtains will be used as backdrops, to keep out sunlight, and to block backstage activity during shows. The curtains must meet or exceed specifications for DD 9919 Nirvana B.O.B.

DUE DATE MARCH 6, 2024 - 2:30 PM (Eastern)

Responses must be submitted via DemandStar on or before the due date. A virtual opening will be held during the 3:00 PM hour of the due date. Responding vendors are not required but are invited to attend the opening.

If you wish to attend the virtual opening, use one of the Microsoft Teams meeting options: Click here to join the meeting or call in (audio only) +1 478-239- 0725,,855808406# United States, Macon Phone Conference ID: 855 808 406# Find a local number | Reset PIN. Note: Columbus Consolidated Government is not responsible for technical issues that may arise during the virtual opening.

SUBMISSION

REQUIREMENTS

See Appendix A for Submission Requirements, Submission Requirements Checklist, DemandStar Registration and Submission Instructions.

ADDENDA Any and all addenda will be posted on the Purchasing Division’s web page, at https://www.columbusga.gov/finance/Bid-Opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a bid.

“NO BID” RESPONSE If you are not interested in this solicitation, refer to page 3.

Andrea J. McCorvey Purchasing manager http://www.columbusga.gov/ https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EtqSxTlQyxV6y%2Fbuj7jQhhssFaCviAFruPTKL665iPk%3D&reserved=0 tel:+14782390725,,855808406#%20 tel:+14782390725,,855808406#%20 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmysettings.lync.com%2Fpstnconferencing&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378738837%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=B3EFQGocYOaZ%2FWJeJvvy0qfiZu309O0I%2BWBqssG8iuo%3D&reserved=0 https://www.columbusga.gov/finance/Bid-Opportunities

RFB No. 24-0026 Stage Curtains Page 2 of 28

IMPORTANT INFORMATION

E-Notification

Columbus Consolidated Government uses the Georgia Procurement Registry e-notification system. You must register with the Team Georgia Marketplace to receive future procurement notifications at https://doas.ga.gov/state-purchasing/getting-started-supplier.

If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace Procurement Helpdesk:

Telephone: 404-657-6000

Fax: 404-657-8444

Email: procurementhelp@doas.ga.gov https://doas.ga.gov/state-purchasing/getting-started-supplier mailto:procurementhelp@doas.ga.gov

RFB No. 24-0026 Stage Curtains Page 3 of 28

STATEMENT OF "NO BID"

Complete and return this form immediately if you do not intend to Bid:

Email: BidOpportunities@ColumbusGA.org Attn: Della Lewis, CPPB, GCPA Fax: 706-225-3033 Mail: Columbus Consolidated Government Purchasing Division P O Box 1340 Columbus, GA 31902-1340

We, the undersigned decline to bid on your RFB No. 24-0026 for Stage Curtains for the following reason(s):

Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below) There is insufficient time to respond to the Request for Bids.

We do not offer this product or service.

We are unable to meet specifications.

We are unable to meet bond requirements.

Specifications are unclear (explain below).

We are unable to meet insurance requirements.

Other (specify below)

Comments:

COMPANY NAME:

AGENT:

DATE:

EMAIL:

mailto:BidOpportunities@ColumbusGA.org

RFB No. 24-0026 Stage Curtains Page 4 of 28

GENERAL PROVISIONS

THESE GENERAL PROVISIONS SHALL BE DEEMED AS PART OF THE BID SPECIFICATIONS.

The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations for bids and award of all contracts and is specifically incorporated herein by this reference. A copy of the ordinance is on file in the Purchasing Division.

1. TERM “CITY”. The term “City” as used throughout these documents will mean Consolidated Government of Columbus, Georgia.

2. PREPARATION OF FORM. Bid proposals shall be submitted on the forms provided by the City. All figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted adjacent thereto, initialed in ink by the person signing the proposal. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Failure to properly sign forms, in ink, will render bid incomplete.

3. EXECUTION OF THE BID PROPOSAL. Execution of the bid proposal will indicate the bidder is familiar and in compliance with all local laws, regulations, ordinances, site inspections, licenses, dray tags, etc.

4. BID DUE DATE. The bid submission must arrive in the Purchasing Division on or before the stated due date and time. Upon receipt, bids will be time and date stamped. Bids will remain sealed and secured until the stated due date and time for the bid opening.

5. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded and retained in accordance with Georgia law. The record and each bid shall be open to the public in accordance with Article 3. 301A of the Procurement Ordinance (Public Access to Procurement Information).

6. LATE BIDS. It is the responsibility of the bidder to ensure bids are submitted by the specified due date and time. Bids received after the stated date and time will be returned, unopened, to the bidder. The official clock to determine the date and time will be the time/date stamp located in the Finance Department. All bids received will be time and date stamped by the official clock. The City will not be held responsible for the late delivery of bids due to the U.S. Mail Service, or any other courier service.

7. RECEIPT OF ONE SEALED BID. In the event only one sealed bid is received, no formal bid opening shall take place. First, the Purchasing Division shall conduct a survey of vendors to inquire of “no bid” responses and non-responsive vendors. If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned, unopened, to the responding vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation.

If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation.

8. RECEIPT OF TIE BIDS. In the event multiple responsive, responsible bidders are tied for the lowest price and all other terms and requirements are met by all tied bidders, the award recommendation shall be resolved in the order of the preferences listed below:

1. Award to the local bidder whose principal place of business is located in Columbus, Georgia.

2. Award to bidder previously awarded based on favorable prior experience.

3. Award to bidder whose principal place of business is located in the State of Georgia.

4. If feasible, divide the award equally among the bidders.

5. If it is not feasible to award equally and only two bidders are tied, perform a coin toss in the presence of the two bidders, either in person or virtually.

6. If the above preferences are insufficient to resolve the tie, all bid responses will be rejected and the bid will be re-advertised.

9. RECEIPT OF MULTIPLE BIDS. Unless otherwise stated in the bid specifications, the City will accept one and only one bid per vendor. Any unsolicited multiple bid(s) will not be considered. If prior to the bid opening, more than one bid is received from the same vendor, the following will occur: (1) the bidder will be contacted and required to submit written acknowledgment of the bid to be considered; (2) the additional bid(s) will be returned to the bidder unopened. If at the bid opening more than one bid is enclosed in a single bid package, the City will consider the vendor non-responsive and bids will be returned to the bidder.

10. CONDITIONS AND PACKAGING. Unless otherwise defined in the bid specifications, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

11. FREIGHT/SHIPPING/HANDLING CHARGES. All freight, shipping, and handling charges shall be included in the bid price. The City will pay no additional charges.

RFB No. 24-0026 Stage Curtains Page 5 of 28

12. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF AWARDS

Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division.

After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted.

In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Manager's written determination.

13. ADDENDA AND INTERPRETATIONS. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by any oral representations, clarifications, or changes made to the written specifications by City employees, unless such clarification or change is provided to the bidders in written addendum form from the Purchasing Officer. Bidders will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal. The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the bidder’s responsibility to ensure that they have received all addenda.

14. BID RECEIPT AND EVALUATION. Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth in the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose.

Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids.

15. TIME FOR CONSIDERATION. Bids must remain in effect for at least sixty (60) days after date of receipt to allow for evaluation.

16. BID SECURITY

(1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $25,000. Bid security shall be a bond provided by a surety company authorized to do business in the State, or other form satisfactory to the City. Such bonds may also be required on construction contracts under $25,000 or other procurement contracts when circumstances warrant.

(2) Amount of Bid Security. Bid security shall be in an amount equal to at least five percent (5%) of the bid amount.

(3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for Bids requires security, noncompliance with such requirement shall force rejection of a bid.

(4) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 3-108 Subsection (G) (Competitive Sealed Bidding – Correction or Withdrawal of Bids: Cancellation of Awards), no action shall be had against the bidder or the bid security.

17. CONTRACT PERFORMANCE AND PAYMENT BONDS

(1) When Required: Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

a. a performance bond satisfactory to the City executed by a surely company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, amounting to one hundred percent (100%) of the price specified in the contract; and

b. a payment bond satisfactory to the City executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the City, to protect all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract, amounting to one hundred percent (100%) of the price specified in the contract.

At the discretion of the Purchasing Manager, this same condition may be placed on awards of any amount.

(2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to the bonds, in circumstances other than the circumstances described in Subsection

(1) above.

18. SUBCONTRACTING. Should bidder intend to subcontract all or any part of the work specified, name(s) and address(es) of sub-contractor(s) must be provided in bid proposal (use additional sheet if necessary). The bidder shall be responsible for subcontractor(s) full compliance with the requirements of the bid specifications. THE COLUMBUS CONSOLIDATED GOVERNMENT WILL NOT BE

RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS.

RFB No. 24-0026 Stage Curtains Page 6 of 28

19. DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS. Bidders may be disqualified and rejection of bid proposals may be recommended by the City for any (but not limited) to the following reasons:

(A) Receipt after the time limit for receiving bid proposals as stated in the bid invitation.

(B) Any irregularities contrary to the General Provisions or bid specifications.

(C) Unbalanced unit price or extensions.

(D) Unbalanced value of items.

(E) Failure to use the proper forms furnished by the Consolidated Government.

(F) Failure to complete the proposal properly

(G) Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with bid proposal.

(H) Failure to properly sign forms in ink.

The City reserves the right to waive any minor informality or irregularity. The City reserves the right to reject any and all bids.

20. BRAND NAMES “OR EQUAL”. Whenever in this invitation any particular material, process and/or equipment are indicated or specified by patent, proprietary or brand name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired by the City. It is not meant to eliminate bidders or restrict competition in any bid process. Any manufacturers’ names, drawings, trade names, brand names, specifications and/or catalog numbers used herein are for the purpose of description and establishing general quality levels. Bidders may propose equivalent equipment, services or manufacturer. Any proposal that is equivalent to or surpasses stated specifications will be considered. Determination of equivalency shall rest solely with the City. Please Note: Due to existing equipment, specific manufacturers may be required to facilitate compatibility.

21. ASSIGNMENT OF CONTRACTUAL RIGHTS. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties.

22. DISCOUNTS. Terms of payments offered will be reflected in the space provided on the bid proposal form. Cash discounts will be considered net in the bid evaluation process. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of the invoice, whichever is later.

23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec. 48-8-3. Federal ID No. 58-1097948.

24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

25. BID INCLUSIONS. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. References to literature or other required inclusions submitted previously does not satisfy this provision. Bids found to be in non-compliance with these requirements will be subject to rejection.

26. NON-COLLUSION. By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City’s bid list for one full year and any current orders will be canceled.

27. INDEMNITY. The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the "City") from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

28. DISADVANTAGED BUSINESS ENTERPRISE. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract.

29. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE. The Consolidated Government of Columbus, Georgia (“the City”) is committed to using Disadvantaged Business Enterprises (DBEs) (small, women-owned and minority business enterprises) to the greatest extent practical in all solicitations and day-to-day procurement needs of the City and to taking specific affirmative actions to meet these commitments.

The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful bidder will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

RFB No. 24-0026 Stage Curtains Page 7 of 28

30. AWARDS TO LOCAL BUSINESSES. Except for construction contracts, Federally funded projects, Request for Proposals and Request for Qualifications, awards will be made to responsive and responsible local businesses proposing a cost not more than two percent (2%) above the low bid or quote for contracts involving an expenditure less than or equal to $25,000.00; and made to responsive and responsible local businesses proposing a cost not more than one percent (1%) above the low bid or quote for contracts involving an expenditure greater than $25,000.00.

31. RIGHT TO PROTEST.

(1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein.

Protests that do not comply with the following rules shall be deemed invalid and of no effect.

(2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor.

(3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements.

(4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City.

32. FAILURE TO BID. Vendors choosing not to submit a bid are requested to return a Statement of “No Bid”.

33. PRODUCT/EQUIPMENT DEMONSTRATION - SITE VISIT. During the evaluation of bids, the City reserves the right to request a demonstration or site visit of the product, equipment or service offered by a bidder. The demonstration or site visit shall be at the expense of the bidder. Bidders who fail to provide demonstration or site visit, as requested, will be considered non-responsive.

34. CANCELLATION PROVISIONS. An Invitation for Bid, Request for Proposal, or other solicitation may be canceled, or any or all bids, proposals or responses rejected in whole or in part, at the discretion of the City for any reason whatsoever. The reasons for the cancellation shall be sent to all businesses solicited or that responded. The notice shall identify the solicitation, give the reasons for the cancellation, and when appropriate state that an opportunity will be given to compete on any re-solicitation or similar procurement in the future. Reasons for rejection will be provided to unsuccessful bidders or offerors.

When such action is in the best financial interest of the City, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Purchasing Officer and in accordance with contract terms.

After the receipt of a product or piece of equipment, it is found that said item does not perform as specified and required, payment for said product or equipment will be withheld. The successful vendor will be notified of the non-performance in writing. After notification, the successful vendor will have ten (10) calendar days, from the date of notification, to deliver product or equipment which performs satisfactorily. If a satisfactory product is not delivered within 10 calendar days, from the notification date, the City will cancel the contract (purchase order) and award to the next low, responsive, responsible bidder. The vendor will be responsible for the pick-up or shipment of the unsatisfactory equipment or product.

35. QUESTIONS: Questions concerning specifications must be submitted, in writing, at least 5 (five) working days (Monday-Friday) prior to receipt date. Questions received less than five working days prior to receipt date will not be considered.

36. SAMPLES: When samples are required to be included with the proposal response, the bidder will be responsible for the following:

1) Unless otherwise specified, bidders are required to submit exact samples of item(s) bid. Do not submit sample of “like” item(s).

2) Affix an identification label to each individual sample to include bidder’s name, bid name and number.

3) Make arrangements for the return of sample after the bid award. All shipping costs will be the responsibility of the bidder. If bidder does not make arrangements for return of sample, within 60 days after award, the sample will be discarded.

37. GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance.

38. PAYMENT DEDUCTIONS: The City reserves the right to deduct, from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc.

39. PAYMENT TERMS: The City's standard payment term is usually net 30 days, after successful receipt of goods or services.

Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute.

40. FINAL CONTRACT DOCUMENTS: If a formal contract is required as a result of the Request for Bid; the final contract shall include the following: 1) The RFB; 2) Addenda; 3) Awarded Vendors(s) Bid response; 4) Awarded Vendor(s) Clarifications; and 5) Awarded Vendor(s) Business Requirements.

RFB No. 24-0026 Stage Curtains Page 8 of 28

NOTICE TO VENDORS

Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers.

Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92)

Sec. 2-3.06. - Same—By members of boards, authorities, commissions.

No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a bid to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92)

RFB No. 24-0026 Stage Curtains Page 9 of 28

DO YOU HAVE QUESTIONS, CONCERNS OR NEED

CLARIFICATION ABOUT THIS SOLICITATION?

COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY

ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED TO THE

PURCHASING DIVISION.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE

SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY

ADDRESS ANY QUESTION OR CLARIFICATION REGARDING BID/PROPOSAL

SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE PURCHASING DIVISION WITH

SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS

IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE

PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES,

DEPARTMENT HEADS, USING AGENCIES, EVALUATION COMMITTEE MEMBERS OR

ELECTED OFFICIALS WITH QUESTIONS OR ANY OTHER CONCERNS ABOUT THE

SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS SHALL BE

SUBMITTED TO THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT

A TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION WILL

FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE

RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART OF THIS

SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR

CHANGES MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS

SUCH CLARIFICATION OR CHANGE IS PROVIDED TO THE BIDDERS IN A WRITTEN

ADDENDUM FROM THE PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION

FORM” TO FAX OR EMAIL QUESTION.

ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING AWARD, MUST

ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION.

RFB No. 24-0026 Stage Curtains Page 10 of 28

QUESTION/CLARIFICATION FORM

DATE:

TO: Della Lewis, CPPB, GCPA Email BidOpportunities@ColumbusGA.org or Fax 706-225-3033

RE: Stage Curtains – RFB No. 24-0026

Questions/clarification requests must be submitted at least five business days before the due date:

From:

Company Name Website

Representative Email Address

Complete Address City State Zip

Telephone Number Fax Number mailto:BidOpportunities@ColumbusGA.org

RFB No. 24-0026 Stage Curtains Page 11 of 28

GENERAL SPECIFICATIONS

Stage Curtains

I. SCOPE: The Consolidated Government of Columbus, Georgia (the City) is requesting bids for a total of twenty-three (23) stage curtains, consisting of fourteen (14) side curtains and nine (9) middle stage curtains for the Columbus Civic Center arena. The curtains will be used as backdrops, to keep out sunlight, and to block backstage activity during shows. The curtains must meet or exceed specifications for DD 9919 Nirvana B.O.B.

Refer to page 17 for Detailed Specifications.

II. BRAND NAMES: It is not the intent of Columbus Consolidated Government (City) to restrict competition in any purchasing process. Any manufacturers’ names, drawings, trade names, brand names, information and/or catalog numbers used herein are for purpose of description and establishing general quality levels. Such references are not intended to be restrictive; any equivalent products of any manufacturer may be offered. Any bid that is equivalent to or surpasses these specifications will be considered; determination of equivalency shall rest solely with the City. Must meet or exceed specifications for DD 9919 Nirvana B.O.B.

III. COOPERATIVE CONTRACT PURCHASE OPTION: The City reserves the right to make this purchase via any comparable Cooperative Contract, if the contract cost is lower and meets the City’s requirements.

IV. BID SUBMISSION REQUIREMENTS: Responses must be submitted via DemandStar. See Appendix A for Submission Requirements, Submission Requirements Checklist, and DemandStar Registration and Submission Instructions.

Each bidder shall include the following documents via DemandStar. With the exception of the “Communications Concerning This Solicitation” (Form 1) and Conflict of Interest Affidavit (Form 2), the City reserves the right to request any omitted information, which does not affect the submitted bid price. Bidders shall be notified, in writing, and shall have two (2) days, after notification to submit the omitted information. If the omitted information is not received within two (2) days, the Bidder shall be deemed non-responsive and the Bid Submission will be deemed “Incomplete”.

1. Communication Concerning This Solicitation (Form 1)

2. Conflict of Interest Affidavit (Form 2)

3. Federal Compliance: Provide all information requested (Form 3)

4. Addenda Acknowledgement: Provide all information requested (Form 4)

5. Bidder’s Response to Detailed Specifications (Form 5): Provide all information requested.

6. Product Literature: Provide the latest printed specifications and advertising literature for the proposed products.

7. Warranty Information: Provide warranty information printed on the manufacturer’s letterhead.

8. Bid Form (Pricing Page): Provide all information requested (Form 6).

9. Business License: Submit a copy of the Business License (Occupation License) that is required to conduct business at your location. If the business location is not in Georgia, vendor must provide a current copy of their active Articles of Incorporation from the State and/or a current business license from the City/State in which business is located. If awarded the contract, the successful vendor must obtain a business license from the City of Columbus. However, If the business is not located in Muscogee County and has proof of being properly licensed by a municipality in Georgia, and paid applicable occupation taxes in that city, the vendor will not be required to pay occupation taxes in Columbus, Georgia.

If you have questions regarding this requirement, please contact the Revenue Division at 706-225-3780.

10. W-9 Form: Complete and return Page 1 of the Form W-9 ( https://www.irs.gov/pub/irs-pdf/fw9.pdf ) Note: After award of contract by Columbus Council, the successful bidder will be notified to provide an identical hard copy of their submitted bid, with original signatures. The awarded bidder will receive a digital copy of the executed contract.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

RFB No. 24-0026 Stage Curtains Page 12 of 28

V. AWARD/DELIVERY/INVOICE

A. Award: This PQ will be awarded to the lowest, responsive, responsible vendor. The City will be the sole judge of the factors and will make the award accordingly. Should the successful vendor not be able to supply the required software, the City reserves the right to procure from other sources.

B. Delivery: All freight, shipping and delivery charges must be included in the unit price. The City will not authorize additional freight, shipping, or delivery charges. The successful vendor shall deliver the curtains to:

Columbus Civic Center Attn: Troy Vanerson, Operation Manager 400 4th Street Columbus, Georgia 31901

C. Invoicing: Invoice(s) must reference the purchase order number and be forwarded to:

Columbus Consolidated Government Accounting Division P. O. Box 1340 Columbus, Georgia 31902-1340

VI. TERMINATION OF CONTRACT

A. Default: If the contractor refuses or fails to perform any of the provision of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing Division Director may notify the contractor in writing of the delay or non-performance and if not cured within ten

(10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deeded appropriate by the Purchasing Division Director.

The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

B. Compensation: Payment for completed supplies delivered and accepted by the City shall be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Division Director deem necessary to protect the City against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services.

C. Excuses for Nonperformance or Delayed Performances: Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deeded in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements.

Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contact, the delivery schedule shall be revised accordingly.

RFB No. 24-0026 Stage Curtains Page 13 of 28

FORM 1

COMMUNICATION CONCERNING THIS SOLICITATION

THIS PAGE MUST BE SIGNED AND RETURNED WITH THE VENDOR’S BID/PROPOSAL.

FAILURE TO INCLUDE THIS FORM WILL AUTOMATICALLY RENDER VENDOR’S

RESPONSE NON-RESPONSIVE.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE SUBMITTED IN

WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY ADDRESS ANY QUESTION OR

CLARIFICATION REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE

QUESTIONS IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE

PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES, DEPARTMENT

HEADS, USING AGENCIES, EVALUATION COMMITTEE MEMBERS, INCLUDING NON-CCG

EMPLOYEES, CONTRACTED PERSONNEL ASSOCIATED WITH THIS PARTICULAR PROJECT (I.E.

ARCHITECTS, ENGINEERS, CONSULTANTS), OR ELECTED OFFICIALS WITH QUESTIONS OR ANY

OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS

SHALL BE SUBMITTED TO THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A

TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION WILL FORWARD SUCH

TO THE USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE RESPECTIVE BIDDER.

IF IT BECOMES NECESSARY TO REVISE ANY PART OF THIS SOLICITATION, A WRITTEN ADDENDUM

WILL BE ISSUED TO ALL BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR CHANGES

MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR

CHANGE IS PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE PURCHASING

MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION FORM” TO FAX OR

EMAIL QUESTION. QUESTIONS AND REQUESTS FOR CLARIFICATION MUST BE SUBMITTED AT

LEAST FIVE (5) BUSINESS DAYS BEFORE THE DUE DATE.

ANY REQUEST/CONCERN/PROTEST, AFTER A SOLICITATION HAS CLOSED AND PENDING

AWARD, MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION.

I agree to forward all communication about this solicitation, in writing, to the Purchasing Division. I understand that communication with other persons, other than the Purchasing Division, will render my Bid/Proposal response non-responsive and I will no longer be considered in the solicitation process.

Vendor Name:

Print Name of Authorized Agent:

Signature of Authorized Agent:

RFB No. 24-0026 Stage Curtains Page 14 of 28

FORM 2

CONFLICT OF INTEREST AFFIDAVIT:

THIS PAGE MUST BE SIGNED AND RETURNED WITH THE VENDOR’S BID/PROPOSAL. FAILURE TO

INCLUDE THIS FORM WILL AUTOMATICALLY RENDER VENDOR’S RESPONSE NON-RESPONSIVE.

Pursuant to Columbus Georgia Code Part I – Charter, Appendix Two Code of Ethics and Prohibited Practices:

I hereby declare that any person(s) employed by the City of Columbus, who has direct or indirect personal or financial interest in this solicitation, has been identified and the interest disclosed below. (Please include in your disclosure any interest which you know of).

An example of a direct interest would be a City of Columbus employee, City of Columbus City Council Member, who would be paid to perform services if awarded the contract.

An example of indirect interest would be a City of Columbus employee who is related to any officers, employees, principal, or shareholders of your firm or to you. (If in doubt as to status or interest, please disclose to the extent known).

Disclosed Conflict of Interests:

I hereby certify that the information on this form is complete and accurate. If necessary, I will provide the information required to verify this data (e.g., pay stubs, bank account statements, etc.). I, therefore, authorize such verification, and I will provide the supporting documentation, if necessary.

Vendor Name:

Print Name of Authorized Agent:

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

Subscribed and sworn before me on this the day of , 20 .

NOTARY PUBLIC

My Commission Expires:

RFB No. 24-0026 Stage Curtains Page 15 of 28

FORM 3

FEDERAL COMPLIANCE

In the event a procurement under this contract is federally funded, the Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. The Contractor will be notified if the procurement is federally funded.

With regards to “Rights to Inventions Made Under a Contract or Agreement,” If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment.

Contractor shall comply and shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to:

(a) Title VII of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin;

(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;

(c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.),

(d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990;

(e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;

(f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;

(g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.

91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;

(h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

(i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;

(j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement;

(k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement;

(l) Applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15;

(m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a;

(n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

To demonstrate acknowledgement and understanding of the above listed Federal Requirements, vendor is required to sign below and return with bid response:

Vendor Name:

Print Name and Title of above Agent:

RFB No. 24-0026 Stage Curtains Page 16 of 28

(date)

FORM 4

ADDENDA ACKNOWLEDGEMENT

The Purchasing Division will post addenda (if any) on the Bid Opportunities page:

https://www.columbusga.gov/finance/purchasing/docs/opportunities/Bid_Opportunities.htm. It is the vendors’ responsibility to periodically visit the page to check for addenda, both before the due date and prior to submitting a response in DemandStar.

IF ADDENDA WERE ISSUED:

By signing below, I acknowledge 1) I have received the addenda (if any) as indicated below, 2) my submittal reflects the changes to the specifications, and 3) my submittal includes the most recently revised forms:

Addendum No. dated Addendum No. dated

Addendum No. dated Addendum No. dated

Addendum No. dated Addendum No. dated

Addendum No. dated Addendum No. dated

Addendum No. dated Addendum No. dated

IF NO ADDENDA WERE ISSUED:

By signing below, I acknowledge that I reviewed the Bid Opportunities page referenced above on and did not see any addenda listed for this solicitation.

Business Name Date

Authorized Signature Print Name https://www.columbusga.gov/finance/purchasing/docs/opportunities/Bid_Opportunities.htm

RFB No. 24-0026 Stage Curtains Page 17 of 28

FORM 5

DETAILED SPECIFICATIONS

(BIDDER RESPONSE PAGE)

SPECIFICATIONS BIDDER’S RESPONSE

Indicate your ability to provide the requested specification. If “no” use the space provided to identify substitute specification. Determination of equivalency shall rest solely with Columbus Consolidated Government.

A. Stage Curtains

1. DD 9919 Nirvana B.O.B. (or equivalent) Yes No

2. Dimensions: (9) 50’- 0’’ H x 12’- 0” W Each.

Webbing Grommets, Ties. 12” OC At Top, 2” side Hem, 6” Bottom HEM W/ Weight Tape

Yes No

3. Weight: 6” Bottom HEM w/ Weight Tape Yes No

4. Flame Retardant: 100%, required Yes No

5. Blackout Type: Must block sunlight 100% Yes No

6. Material: Coated black, Drapes Panel Yes No

B. Side Stage Curtains

1. DD 9919 Nirvana B.O.B. (or equivalent) Yes No

2. Dimensions:

(2) 21’-10” H x 10’-0” W EA.