RFP debris monitoring Montgomery10_9_24final.pdf

GENERAL REQUIREMENTS AND SPECIFICATIONS FOR INVITATION FOR

BIDS

TABLE OF CONTENTS

I. INTRODUCTION

II. TIMETABLE

III. SUBMISSION INSTRUCTIONS

IV. EVALUATION & AWARD PROCEDURES

V. GENERAL PROVISIONS

VI. SCOPE OF WORK & SPECIFICATIONS

VII. CONTRACT REQUIREMENTS & PAYMENT

VIII. ATTACHMENTS

☒ Attachment A – Bid & Addenda Acknowledgement

☒ Attachment B – Bid Schedule / Pricing Form

☒ Attachment C – Certification Regarding Lobbying

☒ Attachment D – Statement of Bidder Qualifications

☐ Attachment E – Subcontractor Listing Form

☒ Attachment F – References

☒ Attachment G – Contractor Profile

☒ Attachment H – Bid Check Return Authorization Form

☒ Attachment I – Performance Bond for Public Works Contracts over $100,000

☐ Attachment J – Performance Bond for Non-public Works Contracts over $50,000

☒ Attachment K – Payment Bond

☒ Attachment L – Certification of Compliance with Federal Standards & Requirements

☒ Attachment M – Minimum Insurance Requirements

☒ Attachment N – Workers’ Compensation Insurance Coverage Rule 110.110

☐ Attachment O – Davis Bacon Current Wage Decision

☒ Attachment P – Required Contract Provisions

☐ Attachment Q – Section 3 Clause

☐ Attachment R – Obligation Summary Contract Awardees

☐ Attachment S – Section 3 Business Concern Self-Certification Form

☐ Attachment T – Standards & Specifications

☐ Attachment U – Plans & Drawings

☐ Attachment V – General Conditions

☐ Attachment W – General Notices, Notes & Information

☐ Attachment X – Project Signs / Plaques

☐ Attachment Y – GLO Compliance Package

☐ Attachment Z – American Rescue Plan of 2021 (“ARPA”)

☐ Attachment AA – Pre-Award Risk Questionnaire (Subrecipients)

☒ Attachment BB – Policy for Payment

☐ Attachment CC – Geotechnical Report

☒ Attachment DD – MWBE Goal Participation Information Packet

☒ Attachment EE – MWBE Utilization Plan Commitment Form

☒ Attachment FF – Stump Conversion Table

☒ Attachment GG – Federal Highway Administration (FHWA) 1273

☒ Attachment HH – CPI-W Based Price Adjustment Calculation

☒ Attachment II – Questionnaire

☒ Attachment JJ – Appendix A

☒ Attachment KK – Montgomery County Contractors Safety Record Policy Questionnaire

A. INTRODUCTION

Montgomery County administers Federal grant funds received from various sources, including but not limited to the Federal Emergency Management Agency (FEMA), and the U.S. Department of Housing and Urban Development (HUD). All purchases made with grant monies shall comply with the terms and conditions of the grant, as well as the applicable Federal, State, and County procedures regarding these purchases.

All Federal grant awards are subject to the Uniform Administrative Requirements and Cost Principles, codified at 2 CFR 200. This includes the standards for procurements under Federal grants, which applies to contracts for services, goods, construction, or repair. Montgomery County shall follow applicable local and State requirements except to the extent that these are inconsistent with Federal statutes, regulations, or grant conditions. In other words, Montgomery County shall follow the rule that allows compliance with all the rules that apply to it:

Federal, State, and local. If compliance with all applicable levels is not possible and no rule is more restrictive than another, Montgomery County shall follow the Federal rule.

This contract shall be funded, in whole or in part, with Federal grant monies. Montgomery County is authorized to use the sealed bid (formal advertising) method of procurement for this contract opportunity in accordance with 2 CFR 200.320(c).

Montgomery County is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, Historically Underutilized Businesses, Section 3 Business Concerns, and labor surplus area firms are encouraged to submit bids.

A. PROJECT DESCRIPTION

As used herein, the term “Contractor” shall mean and refer to Bidder selected pursuant to this Invitation for Bid (“IFB”) process that enters into a contract with Montgomery County.

Emergency Services for Debris Clearing, Removal, Disposal, and Operation of Temporary Staging and Reduction Sites for Montgomery County

B. ANTICIPATED CONTRACT TERM

The Contract shall commence on the date on the Notice to Proceed Letter and shall remain in effect until Inspection and Final Acceptance of all required work for the Project and completion of all required services.

The anticipated Contract Term under this IFB is for one (1) year with a maximum of four (4) renewal options renewable one (1) year at a time, based on the same terms and conditions as the initial year with pricing for labor only revised according to the attachment titled Attachment HH – CPI-W Based Price Adjustments Calculation. Renewal is subject to approval by Montgomery County Commissioners. Once renewal options are exhausted, the contract must be rebid. Montgomery County reserves the right to rebid at any time as in its best interest and is not automatically bound to renew.

B. TIMETABLE

A. QUESTIONS

It is the responsibility of each Bidder to examine the entire IFB package, seek clarification in writing, and review their Bid for accuracy before submitting. It is the responsibility of each Bidder before submitting a Bid, to:

1. Examine the Invitation for Bid Documents thoroughly;

2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; and

3. Take into account Montgomery County, federal, state, and local laws, regulations, ordinances, and requirements that may affect costs, progress, performance, furnishing of the Work, or award.

During the period between issuance of this IFB and the Bid due date, no oral interpretation of the IFB’s requirements will be provided to any prospective Bidder. Requests for interpretation (and other questions) must be made in email by the questions deadline. The deadline for submission of questions relating to this IFB is October 14, 2024, no later than 3:00 P.M EST.

All questions submitted in writing prior to the deadline will be compiled and answered in writing via an Addendum. A copy of all questions and answers via Addendum will be published online and/or forwarded in an email to all firms. The County will not be bound by any information conveyed verbally.

The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the IFB requirements and that without exception, the Bid is premised upon performing and furnishing the Work detailed in the Invitation for Bid Documents and that the provided documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

B. ADDENDA

Prior to the submission deadline, Montgomery County may wish to amend, add to, or delete from the contents of this IFB. Montgomery County may also issue clarifications resulting from any pre-bid conferences or questions submitted. In such situations, Montgomery County shall issue an Addendum to the IFB setting forth the nature of the modification. Once an Addendum is issued, it will be uploaded to Bonfire, and all Bidders who have downloaded the IFB will be notified via email that an Addendum is ready to be downloaded.

C. EXTENSIONS

The County reserves the right to extend the bid due date and time prescribed above. However, unless the County issues a written Addendum to this IFB that extends the Bid due date and time for all Bidders, the bid due date and time prescribed above shall remain in effect.

Daniels, Ron Need to update date/time

REVISED PER ADDENDUM NO .1

D. PUBLIC BID OPENING

Pursuant to 2 CFR 200.320(c)(2)(iii), all bids will be opened at the time and place prescribed in this Invitation For Bids, and the Bids shall be opened publicly.

Sealed Bids will be opened publicly on October 14, 2024, at 4:30 PM EST. Please visit www.montcoga.gov. Late Bids will not be accepted – no exceptions.

E. SCHEDULE SUMMARY

The following is the estimated timetable and is provided to assist responding firms in planning:

IFB Release Date October 9, 2024

Submission of Questions Deadline October 14, 2024, at 3:30 PM

Bid Submission Deadline October 14, 2024 at 4:00 PM

Notice to Proceed When directed by Montgomery County

C. SUBMISSION INSTRUCTIONS

A. BID & ADDENDA ACKNOWLEDGEMENTS

1. By submitting a Bid in response to this IFB, Bidders accept the solicitation process as it has been outlined in this IFB.

2. All bids are required to remain in effect for at least 120 days from the date of submission. This effective period should be taken into account when preparing the bid.

3. Montgomery County will not be liable for any costs incurred by the Bidder in preparing a response to this IFB. Bidders submit Bid(s) at their own risk and expense. Montgomery County makes no guarantee that any products or services will be purchased as a result of this IFB and reserves the right to reject any and all Bids. All Bids and accompanying documentation will become the property of Montgomery County. By submitting a Bid, Bidders acknowledge and accept that reference checks and/or background investigation may be conducted as a part of the due-diligence process. Award will be made to the lowest, responsible, and responsive Bidder who submits a response to this IFB.

4. Bidders must sign Attachment A, Bid & Addenda Acknowledgement, and include with their bid submission.

5. In cases where Addenda are issued under this solicitation, Bidder must ensure all Addenda are reflected within the Bid & Addenda Acknowledgement document, and Bidder must sign and submit the actual Addenda documents with their bid. All Addenda shall become a part of the requirements for this IFB. In signing and submitting the Bid & Addenda Acknowledgment (Attachment A) with its Bid, Bidder acknowledges that it has examined all documents, attachments, forms, specifications, addenda, and all instructions. The County may deem a bid non-responsive for failure of Bidder to acknowledge any and all Addenda.

6. Bidders are responsible for consulting the standards referenced in this IFB. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

7. READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL INSTRUCTIONS. THE

BIDDER IS RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND

SPECIFICATIONS.

B. BID SUBMISSION OPTIONS

Bids may be submitted in hard copy, or electronically as detailed below.

C. HARD COPY BID SUBMISSION

1. FOR HARD COPY SUBMISSIONS, Bidders may hand-deliver or mail their Bids to:

MONTGOMERY COUNTY COMMISSION OFFICE

310 WEST BROAD STREET

MOUNT VERNON, GA 30445

Buyer: Heather Scott at (912) 583-2363 or e-mail hscott@montcoga.gov

2. Bids must be sealed and must show the IFB Number, Description and be marked “SEALED BID”.

3. Bids must include:

• ONE (1) original Bid package, clearly marked “ORIGINAL”

• All documents must be labeled with the Bidder’s name and the IFB number. Any response received by the Office of the Montgomery County Commission that is not identified on the outside with the IFB number will be at risk for rejection.

• Bid must indicate for which contract opportunities the Bidder is submitting.

• All Bids must be typed, single spaced, and formatted to print on 8 ½” by 11” paper.

• Each section of the Bidder’s response should start on a new page. A tabbed divider page marked with the section number should separate each section.

• Bidders should prepare a Table of Contents for the Bid being submitted. The Table of Contents must list all sections and the contents of each section.

D. LATE BIDS; BID RETURNS

Bids are due to the Montgomery County Commission Office by the date and time specified on the cover sheet and as listed under Section II - Timetable. Montgomery County will not accept late bids. Late bids will be rejected. If a solicitation is cancelled, submitted bids will not be returned.

A. SCANNED OR RE-TYPED RESPONSE

If in its response, Bidder either electronically scans, re-types, or in some way reproduces the County’s published IFB package, then in the event of any conflict between the terms and provisions of the County’s published IFB package, or any portion thereof, and the terms and provisions of the response made by Bidder, the County’s IFB package as published shall control. Furthermore, if an alteration of any kind to the County’s published IFB package is only discovered after the Contract is executed and is or is not being performed, the Contract is subject to immediate cancellation.

B. PRICING

Bidder must provide the pricing as requested for all services and/or items specified within the Bid Schedule / Pricing Form (Attachment B), or in Bonfire.

Any rates provided to the County must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for service, labor, material, equipment, overhead, and any other costs. No separate line item rates or charges for services listed in the scope of work will be accepted. Quantities are estimated.

Montgomery County may require more or less. In case of a discrepancy between unit and total pricing, unit pricing governs.

C. BID BOND

Bidder must furnish a good and sufficient bid bond in the amount of five (5) percent of the total Contract price. A bid bond must be executed with a surety company authorized to do business in this state. Bid bonds must be submitted with the Bid package as follows:

Individual bid bond payable to Montgomery County for 5% of the total amount of each separate bid (if applicable), or

Bank cashier’s check payable to Montgomery County for 5% of the total amount of each separate bid (if applicable). If submitting a cashier’s check or certified check instead of a bid bond, Bidders must complete the Bid Check Return Authorization Form (Attachment H) and attach to bid check. All bid checks must be for the required amount and be payable to Montgomery County, not payable to any individual. See Section VI, General Provisions of this IFB for surety requirements.

C. REQUIRED BID DOCUMENTS

Bidder’s submission package must include the components checked below, in the order in which they are listed. If the item is “X” checked, the item must be included in Bidder’s submission in order for the submission to be considered complete. Bidders are asked to review the documentation to ensure all applicable parts are included. If any portion of this IFB or its attachments are missing, notify the Purchasing Department immediately. Bidder should be thoroughly familiar with all of the following items applicable to the bid submission before submitting a bid.

☒ 1. Bid & Addenda Acknowledgement – Bidder must sign and submit the Bid & Addenda Acknowledgement form, included as Attachment A.

☒ 2. Bid Schedule / Pricing Form – Bidder must complete the Bid Schedule / Pricing Form, included as Attachment B.

☒ 3. Certification Regarding Lobbying – Bidder must sign and submit the Certification Regarding Lobbying form, included as Attachment C.

4.

Debarred Bidders/Integrity Certification (49 CFR, Part 29) – Bidder must sign and acknowledge the attached Debarred Bidders/Integrity Certification contained in the General Conditions packet.

☒ 5. Statement of Bidder Qualifications – Bidder must complete and submit the Statement of Bidder Qualifications form, included as Attachment D.

☒ 6. Bidder and Subcontractor Licensing / Certifications – Bidder must submit any applicable licensing and/or certifications required for the completion of the scope of work under this IFB.

☐ 7. Subcontractor Listing Form – Bidder must complete and submit the Subcontractor Listing Form, (Attachment E).

☒ 8. References – Bidder must complete and submit the References form, included as Attachment F.

☒ 9. Bid Check Return Authorization Form – Bidder must sign and submit the Bid Check Return Authorization form (if a bid bond is required), included as Attachment H.

10.

Bid Bond – If the contract is for the construction of public works, or the contract value is anticipated to exceed $100,000, Bidder must furnish a good and sufficient bid bond (either an individual bid bond or a bank cashier’s check) in the amount of five (5) percent of the total contract price.

11.

Certification of Compliance with Federal Standards & Requirements – Bidder must sign and submit the Certification of Compliance with Federal Standards & Requirements form, included as Attachment L.

12.

Obligation Summary Contract Awardees – Offeror must complete and submit the Obligation Summary Contract Awardees and Initial Subcontracting Plan (Attachment R), for any for any HUD-funded projects expected to exceed $100,000.

13.

Section 3 Business Concern Self-Certification Form – Bidders intending to self-perform as Section 3 Businesses, or for any subcontractors of Bidder who qualify as Section 3 Businesses and wish to self-certify as Section 3, the Montgomery County Section 3 Business Concern Self- Certification Form must be included and submitted with the Bid.

☐ 14. Certification or documentation that Bidder, or its subcontractor(s), is HUB-certified by the Georgia Comptroller of Public Accounts or the local MWBE office in their jurisdiction

15.

Conflict of Interest Questionnaire – Bidders who enter or seek to enter into a contract with Montgomery County must disclose Bidder’s or its employees’ affiliation, business relationship, employment, family relationship, or provision of gifts that might cause a conflict of interest with Montgomery County.

☒ 16. Statement of Conflicts – A statement of conflicts (if any) the Bidder or key employees may have regarding these services.

17.

System for Award Management results – Bidder must include verification that your company as well as the company’s principal is not debarred through the System for Award Management (www.SAM.gov). Bidder must enclose a print out of the search results that includes the record date.

18.

Sample Insurance Certificate – Bidder must provide a sample Insurance Certificate which adheres to the Minimum Insurance Requirements shown under Attachment M (does not supersede the “Hold Harmless” provision).

19.

GLO Compliance Package – This project is funded in whole or in part by the Georgia General Land Office (GLO). As such, Bidder must also complete and submit the following documents with their Bid:

• GLO Compliance Package (Attachment Y) o GLO Contractor Bid Certification o GLO Certification of Bidder Regarding Civil Rights Laws and Regulations o GLO Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3

20.

MWBE Utilization Plan Commitment Form – Montgomery County strives to engage with prime contractors and subcontractors that represent the diverse businesses of the County. We will ensure that historically underutilized minority-and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the County’s procurement process.

Offeror must sign and submit the MWBE Utilization Plan Commitment Form

☒ 21. Attachment II - Questionnaire

☒ 22. Attachment KK - Montgomery County Contractors Safety Record Policy Questionnaire

E. EVALUATION & AWARD PROCEDURES

A. NONCONFORMING BIDS

Bids that are incomplete, contain material irregularities or include alterations to or terms and conditions that do not conform to the terms and conditions of the IFB, or otherwise do not comply with the requirements of the IFB are subject to rejection as non-responsive. In accordance with the regulations of 2 CFR 200 and the laws of the State of Georgia, Montgomery County reserves the right to waive any informality or irregularity, to make awards to more than one Bidder, by total, by group, by item or as best serves the county and/or to reject any or all bids if there is a sound documented reason.

B. EVALUATION PROCESS

http://www.sam.gov/

Montgomery County will select the responsive and responsible Bidder that, in the opinion of Montgomery County, has been determined to have submitted the lowest bid based on all identified factors.

Prices proposed by Bidder shall be irrevocable until Contract award unless the bid is withdrawn. A Bid may be withdrawn by a Bidder, provided an authorized representative of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids.

C. BASIS OF AWARD

Pursuant to 2 CFR 200.320(c)(2)(iv), Montgomery County shall evaluate Bids in response to this solicitation, and intends to award a firm fixed price contract to the responsive and responsible bidder, whose Bid, considering price and any price-related factors specified in the solicitation, is the lowest.

The County may award to multiple vendor(s) as “Primary”, “Secondary”, “Tertiary”, etc. vendor. The additional vendor(s) will be utilized at the County’s discretion due to time constraints, availability, etc.

Where specified in these bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of.

D. UNBALANCED BID

To the extent applicable, Montgomery County may reject any Bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A Bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

E. CONTRACT OBLIGATION

If award is recommended, Montgomery County Board of Commissioners must award the Contract and the County Manager or other person authorized by the Montgomery County Board of Commissioners must sign the Contract before it becomes binding on Montgomery County or Bidder. Department heads are NOT authorized to sign agreements for Montgomery County. Binding agreements shall remain in effect until all products and/or services covered by this procurement have been satisfactorily delivered and accepted.

No award can be made until approved by the Montgomery County Board of Commissioners. This IFB does not obligate Montgomery County to the eventual purchase of any services described, implied or which may be proposed. Progress toward this end is solely at the discretion of Montgomery County and may be terminated at any time prior to execution of a contract.

F. RESPONSIBILITY

Montgomery County shall award contracts only to responsible Bidders who have the ability to perform successfully under the terms and conditions of the proposed contract. Information provided in the Statement of Bidder Qualifications form (Attachment D) may be used, in part, by Montgomery County to assess Bidders’ responsibility.

To be considered responsible, a Bidder must:

1. Have adequate financial resources to perform the contract, or the ability to obtain them;

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments;

3. Have a satisfactory performance record;

4. Have a satisfactory record of integrity and business ethics;

5. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

6. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Before being considered for award, the Bidder may be requested by Montgomery County to submit a statement or other documentation regarding any of the items above. Failure by the Bidder to provide such additional information shall render the Bidder nonresponsive and ineligible for award.

Responsible Bidders must have the experience necessary to complete the Scope of Work and ability to comply with Georgia and Montgomery County requirements and all federal codes, policies and regulations applicable to this project.

For any work which may involve or require Architects or Engineers, Bidders must submit Form SF-330 – Architect-Engineer Qualifications (found at https://www.gsa.gov/forms-library/architect-engineer-qualifications). If applicable, Bidders must submit a completed Form SF-330 – Architect-Engineer Qualifications for each of the subcontractors proposed to be used in the completion of the Contract (Montgomery County must approve the actual subcontractors prior to their use).

Montgomery County shall conduct research to determine that a Bidder is responsible. Some methods to determine responsibility include:

• Compliance with Delivery and Performance Schedules: The County may request information on other active contracts the Bidder is performing and verify the status with those buyers;

• Performance Record: The County may require Bidders to submit contact information for recent contracts they have performed for other customers and contact them to ascertain the Bidder’s quality of performance, including timeliness of delivery/completion, quality of work, compliance with terms and conditions of the contract, and cost control, if applicable.

• Integrity and Business Ethics: The County may check local offices of Code Compliance and Business Licenses or other regulatory agencies for business ethics record and compliance with public policy. The County may verify the Bidder’s compliance with payments, wage rates, and affirmative action requirements with other customers and with applicable State and Federal Government offices, e.g., DOL Wage and Hour Division;

• Necessary Organization, Experience, Operational Controls, and Technical Skills: The County may verify experience with other customers, request copies of audits, or verify that necessary personnel will be available to work on the County’s contract;

• Necessary Production, Construction, and Technical Equipment and Facilities: The County may request evidence that the Bidder has all the equipment and facilities he/she will need or the https://www.gsa.gov/forms-library/architect-engineer-qualifications https://www.gsa.gov/forms-library/architect-engineer-qualifications capability to obtain them; and

• System for Award Management: The County shall verify that the Bidder is not debarred through the System for Award Management (www.SAM.gov).

Bidders are responsible for determining the responsibility of their prospective subcontractors. Bidders shall submit the Subcontractor Listing Form (Attachment E) with their Bid and provide information on any prospective subcontractors to be used in completion of the Project. Determinations of prospective subcontractor responsibility may affect the County’s determination of the Bidder’s responsibility. A Bidder may be required to provide written evidence of a proposed subcontractor's responsibility.

The County may directly determine a prospective subcontractor's responsibility. In this case, the same standards used to determine a Bidders responsibility shall be used by the County to determine subcontractor responsibility.

G. GENERAL PROVISIONS

A. ALTERNATES

When there is a justifiable need, Montgomery County may opt to use Alternate Bids. If the County chooses to use Alternates, the County will identify the Base Bid Specifications, or the specifications listing or describing only those materials, equipment, work, and services upon which the Base Bid must be predicated, exclusive of any alternate bids. The requested Base Bid would comprise the sum of money for which the Bidder offers to perform the work identified in the Base Bid Specifications, not including that work for which alternate bids are also submitted.

Alternates shall be accomplished either with Additive or Deductive Alternates. An Additive Alternate Bid is a body of work that the County may award in addition to the Base Bid if there is sufficient funding after the bids are received, and may include items that are not part of the base scope or may be replacements.

By contrast, a Deductive Alternate Bid is a body of work that the owner may delete from the base bid if there is insufficient funding to award the full base bid. A Deductive Bid Alternative is when work shall be deducted from the Base Bid work.

The purpose of both Additive and Deductive bids is to build flexibility into the bidding process so that the County can award the maximum amount of the project possible dependent on funding available.

Montgomery County will use Alternates when there is an understandable need and will attempt to limit Alternates to no more than three potential Alternates. One or more of Alternates may be used to adapt a project to stay within the County’s budget, which shall allow an award to be made.

B. AUTHORIZATION TO DO BUSINESS IN GEORGIA

Bidders must obtain Georgia Sales & Use Tax permit from the Georgia State Comptroller Office if they are engaged in business in Georgia and they are selling tangible personal property, leasing personal property, or selling a taxable service in Georgia.

All Bidders are required to have and maintain any licenses, certifications, and registrations required by the State of Georgia, Montgomery County, or recognized professional organization governing the services performed under this contract (such as professional licensing requirements i.e. Licensed Plumbers). The http://www.sam.gov/

Georgia Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that are regulated by the state.

For businesses to legally operate in Montgomery County, Bidders must be registered with the Georgia Secretary of State to transact business in Georgia and must be current on all state and local fees and taxes, including but not limited to Franchise Account Status with the Georgia Comptroller of Public Accounts in good standing, delinquent taxes, court judgments, tickets, tolls, fees, or fines.

A Sole Proprietorship, General Partnership, and all business entities (SP, LLC, INC, etc.) doing business under a name other than the name of the owner requires a DBA (Doing Business As) Certificate, which must be filed within the county of which they are doing business. If a Bidder’s business isn’t located in Montgomery County, Bidders must submit the licenses, certifications, and other documentation required by the locality in which their business is based.

C. PERFORMANCE & PAYMENT BONDS

2 CFR 200.325 mandates the minimum federal bonding requirements. The below requirements are more stringent than 2 CFR 200.325, thus, compliance with the following requirements shall satisfy the federal bonding requirements

The Bidder shall agree to provide performance and payment bonds in an amount of One Million ($1,000,000) in accordance with the requirements contained in the General Conditions. Performance and payment bonds shall be provided to Montgomery County within 15 days of any invocation of the contract. Montgomery County shall have the right to increase the amount of the performance and payment bonds. Reimbursement for payment and performance bonds will be made by Montgomery County to the Bidder.

D. COMPLIANCE WITH STATE, FEDERAL, AND LOCAL LAWS

The following regulations shall apply to this Contract opportunity. Bidders should refer to Attachment P – Required Contract Provisions for more detailed information on the requirements and regulations applicable to this contract opportunity:

1. 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

2. 24 CFR Part 570 – Community Development Block Grants

3. Security and Immigration Compliance Act.

Pursuant to O.C.G.A. § 13-10-91 (Georgia Security and Immigration Compliance Act), every public employer, every contractor of a public employer, and every subcontractor of a public employer’s contractor must register and participate in a federal work authorization program. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees.

No contractor or subcontractor shall enter into a contract or subcontract with a public employer in connection with the physical performance of services within this state unless such contractor or subcontractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees.

Bidder acknowledges that the awarding of this contract is conditioned upon initial and ongoing compliance by the contractor and any subcontractor with the requirements of O.C.G.A. § 13-10- 91 and Rule 300-10-1-.02 of the Georgia Department of Labor;

The requirements of O.C.G.A. § 13-10-91 pertaining to registering and participating in a federal work authorization program apply to public employers, their contractors, and subcontractors, as follows:

On or after July 1, 2007, to contractors and subcontractors of 500 or more employees;

On or after July 1, 2008, to contractors and subcontractors of 100 or more employees; and

On or after July 1, 2009, to all other contractors or subcontractors.

Bidder agrees that in the event it employs or contracts with any subcontractor(s) in connection with this contract, Bidder shall secure from the subcontractor(s) an indication of the employee-number category applicable to the subcontractor.

Bidder agrees that its compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 of the Georgia Department of Labor shall be attested by execution of the Contractor Affidavit which is attached hereto and which shall be a part of this contract.

Bidder agrees that, in the event it employs or contracts with any subcontractor(s) in connection with this contract, Bidder shall secure from the subcontractor(s) an attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor by the subcontractor’s execution of a Subcontractor Affidavit provided by Montgomery County. Contractor shall maintain records of such attestation for inspection by Montgomery County at any time. The Subcontractor Affidavit shall become a part of the contractor/subcontractor agreement.

Bidder shall follow all Federal, State, and local laws, rules, codes, ordinances, and regulations applicable to Bidder’s services.

Montgomery County operates its business ethically and in compliance with the state and federal law. We ask that any Bidder or Bidder’s employee doing business with Montgomery County who believes he or she has witnessed any suspected ethical violation or fraud immediately report the allegations to the County Manager.

All suspected criminal conduct will be investigated and reported to the District Attorney’s Office or an appropriate law enforcement agency. Bidders who report suspected ethical violations or fraud can do so without fear of retaliation. Retaliating against any Bidder or Contractor for reporting suspected ethical violations or fraud is strictly prohibited.

E. CONTRACTOR PROFILE

The Contractor Profile form (Attachment G) must be completed and submitted by the Successful Bidder, and any of its subcontractors, within fifteen (15) working days of notification as the apparent low bidder.

F. DISQUALIFICATION OF BIDDER

Daniels, Ron I’m not sure if this is a car/fema requirement or not, but I don’t have the attachments.

Upon signing its Bid, Bidder certifies that Bidder has not violated the antitrust laws of, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among Bidders. If multiple bids are submitted by a Bidder and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that Bidder will be withdrawn; however, nothing herein prohibits Bidders from submitting multiple bids for different products or services.

a. GOVERNING LAW

This IFB is governed by the competitive sealed bidding requirements of 2 CFR 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, the County Purchasing Act, and Georgia Government Code Section 2269 et seq., as amended. Where there is a difference in regulation, Montgomery County shall follow the more stringent regulation and shall require that Bidders comply with all applicable federal, state and local laws and regulations. In the event of any conflict of interpretation of any part of this overall document, Montgomery County’s interpretation shall govern.

Bidder is further advised that these requirements shall be fully governed by the laws of the State of Georgia and that Montgomery County may request and rely on advice, decisions and opinions of the Attorney General of Georgia and the County Attorney concerning any portion of these requirements. Forum for contractual issues shall be in Georgia and venue shall be in Mount Vernon, Montgomery County, Georgia, in a federal or state court of competent jurisdiction. The County does not agree to binding arbitration and does not waive its right to a jury trial.

G. FUNDING

Montgomery County anticipates that all or partial funding for the project subject to this IFB will consist of federal grant funding. The federal agencies providing this funding may include, but shall not be limited to, the U.S. Department of Housing and Urban Development (HUD), the Federal Emergency Management Agency’s (FEMA) Public Assistance program, or H.O.M.E. As such, Bidder acknowledges and is responsible for ensuring compliance with the general procurement standards applicable to Contractors, as detailed in Title 2 CFR 200. Any Contract awarded pursuant to this IFB shall include all required Contract clauses in all solicitation and contract awards for services and work associated with this project, and the selected Bidder shall include the applicable clauses in its subcontracts (see 2 CFR 200, Appendix II, Required Contract Clauses).

Bidder must complete and return Attachment L, Certification of Compliance with Federal Standards & Requirements, certifying their compliance with and understanding of their responsibility to ensure compliance with federal regulations. Failure to include the signed Certification of Compliance with Federal Standards & Requirements document with your bid may be cause to reject the entire bid. Failure to maintain compliance throughout the duration of the project or Contract may be cause to terminate the Contract.

Additionally, any contract entered into by the County that is to be paid in whole or in part from grant funds will be subject to termination for convenience by the County should grant funding become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract. Such termination will be without liability to the County, other than for payment of services rendered prior to the date of termination.

a. SECTION 3 ACT OF 1968 COMPLIANCE

DISCLAIMER: THIS SOLICITATION DOES NOT INVOLVE HUD FUNDING AND

THEREFORE SECTION 3 DOES NOT APPLY.

24 CFR 135 requires that for any HUD-funded contract with a value in excess of $100,000, contractors and subcontractors must comply with the Section 3 Act of 1968. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. Section 3 is triggered when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities.

Bidders must complete and submit the Section 3 Utilization Plan & Statement of Compliance (Attachment R), with their Bid. The Section 3 Utilization Plan & Statement of Compliance should detail the Bidder’s goals to hire new Section 3 residents and/or subcontract with Section 3 Business Concerns. Bidders should indicate all firms proposed as subcontractors on this project, and whether any of the firms are Section 3 Business Concerns. Section 3 Business Concerns can be found on the HUD Section 3 website at https://portalapps.hud.gov/Sec3BusReg/BRegistry/What.

Businesses which fit the definition of a Section 3 Business Concern, and would like to self-perform in order to comply with Section 3 requirements, must submit Section 3 Self-Certification documentation. At Montgomery County’s discretion, the County shall accept the Montgomery County Section 3 Business Concern Self- Certification, or equivalent Section 3 Self-Certification forms from HUD, and other Section 3 programs in the Bidder’s local jurisdiction. Contractors and subcontractors must include the Section 3 Clause (Attachment Q, Section 3 Clause) in its entirety, in every subcontract subject to compliance with regulations in 24 CFR 135.

Upon award, Bidders will also be required to provide all pertinent information related to Section 3 residents and Section 3 Business Concerns including but not limited to the self-certification forms, copies of lease agreements, copies of documents evidencing participation in public assistance programs, copies of documents as proof of income, and other pertinent documents. Montgomery County shall monitor and evaluate contractor’s, and contractor’s subcontractors, Section 3 compliance towards achieving the numerical goals relative to Section 3 employment, training, and contracting on a minimum monthly basis throughout the contract period. Contractors and subcontractors shall be responsible for providing monthly reports in the format requested by Montgomery County.

b. HUB / MWBE UTILIZATION COMMITMENT

2 CFR 200.321 requires that Contractors take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Contractors are required to facilitate Historically Underutilized Business (HUB) and/or Minority & Women-Owned Business Enterprise (MWBE) participation. Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by https://portalapps.hud.gov/Sec3BusReg/BRegistry/What small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

Bidders must indicate which of their subcontractors will be HUB / MWBE using the Subcontractor Listing Form. Bidders must indicate the type of work to be performed by each firm and whether each firm is a HUB / MWBE or non-HUB / MWBE firm. Bidders must include certification or documentation when the Bidder itself, or its subcontractor(s), is HUB-certified by the Georgia Comptroller of Public Accounts or the local MWBE office in their jurisdiction. Montgomery County shall monitor and evaluate Bidder’s HUB / MWBE compliance throughout the contract period. Upon award, Bidder shall be responsible for providing reports in the format requested by Montgomery County.

c. NO UNAUTHORIZED CONTACTS

Bidder shall not contact any Montgomery County personnel or County Board members during this IFB process without the express permission from the Montgomery County Purchasing Office. Montgomery County Purchasing may disqualify any Bidder who has made site visits, contacted Montgomery County personnel or Board Members, or distributed any literature without authorization from Montgomery County Purchasing.

All correspondence relating to this IFB, from advertisement to award shall be sent to Montgomery County Purchasing.

d. PUBLIC INFORMATION

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Georgia Open Records Act after the solicitation is completed and contract(s) executed with selected firm(s). Once opened, Bids are public records. There are no exceptions.

When submitting Bids, Bidder must be sure to identify trade secrets or confidential information contained in the Bid or redact confidential information if information is needed to address requirements of the IFB.

To the extent permitted by law, Bidders may request, in writing, non-disclosure of confidential data. Such information shall accompany the Bid, be readily separable from the response, and shall be CLEARLY

MARKED “CONFIDENTIAL.” For those portions identified as confidential by Bidder, Montgomery County must rely on advice, decisions, and opinions of the Attorney General of the State of Georgia relative to the disclosure of data or information.

The County will accept information clearly labeled "TRADE SECRET,” "CONFIDENTIAL,” or "PROPRIETARY". The County will endeavor to inform the submitter of any request for the disclosure of such information. Under no circumstances, however, will the County be responsible or liable to the submitter or any other party for the disclosure of any such labeled information. Bidders that indiscriminately identify all or most of their submission as exempt from disclosure without justification may, at the County’s discretion, be deemed non-responsive.

The County will not advise as to the nature or content of documents entitled to protection from disclosure under the Georgia Open Records Act, including interpretations of the act or the definitions of "Trade Secret,” “Confidential,” or “Proprietary.”

If the County receives an Open Records Act request, prior to withholding any information, Bidder shall be required to execute an express agreement, in a form provided by the County, to indemnify, defend and hold harmless the County in any action to compel disclosure of any withheld material. If the Bidder refuses to sign such an agreement, the County shall have the right to disclose the entirety of the Bid package, regardless of any marking or labeling of material as trade secret, confidential or proprietary. By submitting Bids, the Bidder expressly waives any claims against the County for such disclosure in the absence of an express written indemnification agreement. Bidder shall provide to the County a specific legal basis for each portion of a Bid sought to be withheld from disclosure

e. FISCAL FUNDING

A multi-year lease or lease/purchase arrangement, if identified as a requirement for this IFB, or any resultant contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by Bidder from the using department without penalty of any kind or form to Montgomery County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of Bidder.

F. MINIMUM EFFECTIVE PERIOD OF BID

All bids are required to remain in effect for at least 120 days from the date of submission. This effective period should be taken into account when preparing the bid.

a. SUPPLEMENTAL MATERIALS

Bidders are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect subsequent contract award should be included. Failure to include all necessary and proper supplemental materials may be cause to reject the entire Bid.

b. BRAND NAMES / SUBSTITUTION

Brand names and model numbers that may appear in the documents of this IFB are for reference only and shall serve as an example of functional, design, and/or quality standards and requirements for the product or service identified. It is not the intent of Montgomery County to restrict bids in such cases, but rather to establish a desired quality or level of merchandise or to meet a pre-established standard due to existing items.

Herein, or within the attached specifications, whenever the County has listed a specific brand name, the words “or equal” shall automatically apply thereto. This term “or equal” means that Contractor may propose to provide an alternate product as long as such proposed alternate product, in the opinion of the County, meets the minimum specifications.

If Bidder wishes to provide a different product than the product the County has identified within this IFB, Bidder may propose different products or items within their Bid submission, provided the products or items provide the same essential characteristics and are of equal or better quality. The burden of proof of such rests with Bidders. Montgomery County shall act as sole judge in determining equality and acceptability of products offered. After opening of bid, but prior to award recommendation, Montgomery County may require documentation demonstrating equal or superior products as compared to products required.

c. REGULATORY REQUIREMENTS & PERMITS

Bidders awarded pursuant to this IFB shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and codes and shall identify, prepare and/or obtain all…