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Board of Commissioners of Clayton County Central Services Department 7994 North McDonough Street, Jonesboro, GA 30236 Phone: 770-477-3587 Fax: 770-477-3335 Website: www.claytoncountyga.gov/departments/central-services __________ Theodis R. Locke ________________ Theodis R. Locke, Director of Central Services Authorized Purchasing Agent for Clayton County

REQUEST FOR BID Sealed Envelope shall be marked with the following information: INTERNET ACCESS SERVICES FOR CLAYTON COUNTY ANNUAL CONTRACT (RE-BID) RFB PKG #14-01 OPENING: 2:00 P.M. MARCH 6, 2014 SCHEDULE OF RFP PKG #14-01 Events A Non-Mandatory Pre-Bid Conference has been scheduled on February 13, 2014 February 13, 2014 at 9:00 A.M. in the Central Services Conference 9:00 A.M. Room, 7994 North McDonough Street, Jonesboro, Georgia 30236. Deadline for requests for clarifications and questions. These requests February 20, 2014 must be emailed to: [email protected] 5:00 P.M. Clarifications, modifications and/or answers will be posted on the February 27, 2014 Clayton County’s website: www.clayton.ga.us/central_svcs/bids 2:00 P.M. Sealed bids will be accepted until the opening date and time. Any late March 6, 2014 submittals received will not be considered. Submittals are to be 2:00 P.M. delivered to Clayton County Central Services, 7994 North McDonough Street, Jonesboro, GA 30236. THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD COMPANY NAME:

DATE:

MAILING ADDRESS:

PHONE:

CITY:

FAX:

STATE:

ZIP:

SSN OR FEDERAL TAX ID:

EMAIL:

TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME:

AUTHORIZED SIGNATURE:

If you do not want to respond to this solicitation or would like to be removed from the Proposer Data Base, mark the appropriate space and return this sheet only and fax/mail to this office immediately. __Remove our firm from your Bidder’s List for this service __No Bid will be submitted

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INTERNET ACCESS SERVICES FOR CLAYTON COUNTY ANNUAL CONTRACT (RE-BID) RFB PKG #14-01 OPENING: 2:00 P.M. DATE: MARCH 6, 2014 Clayton County welcomes and encourages all participation. The County actively solicits small businesses, businesses owned by women and businesses owned by minorities for all procurement transactions made by the County. If your company is not presently on the County’s Proposer’s list, an application is available on the county’s website: www.claytoncountyga.gov/departments/centralservices Clayton County is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. If the Proposer does not wish to submit an offer at this time but desires to remain on the list for bid/proposal opportunities, please submit a “no offer” response by indicating this choice on page 1 and returning the form to Central Services either by mail or fax.

REQUEST FOR BID INTERNET ACCESS SERVICES FOR CLAYTON COUNTY ANNUAL CONTRACT (RE-BID)

Release Date: January 31, 2014

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SUBMITTAL CHECKLIST Important Instructions: I.

To ensure the completeness and responsiveness of your bid, please use the following checklist to verify all necessary information is included in your bid.

II.

Failure to submit any of the items marked below with a (√) shall cause rejection of the Bid and shall not be considered a minor irregularity.

III.

The bid response documents must be submitted as one (1) unbound marked “Original” Bid, two (2) bound complete copy (not to exceed a ½” capacity ring binder) of the requested bid documents.

DOCUMENTATION DESCRIPTION ITEMS MARKED WITH A CHECK MUST BE SUBMITTED WITH YOUR RESPONSE

INITIAL

1.

SOLICITATION FORM (PAGE 1 OF THIS DOCUMENT)

________

2.

ADDENDA (APPLICABLE WHEN ISSUED BY COUNTY)

________

3.

BID COST FORM (PAGE 9 OF THIS DOCUMENT)

________

4.

W-9 FORM

________

5.

NON-CONFLICT OF INTEREST FORM (PAGE 26 OF THIS DOCUMENT)

________

6.

BIDDER’S QUALIFICATION SHEETS (PAGES 27-28)

________

7.

EXCEPTIONS TO SPECIFICATION FORM (PAGE 30) (IF APPLICABLE)

________

8.

CORPORATE CERTIFICATE (PAGE 31 OF THIS DOCUMENT)

________

9.

GA AUTHORIZATION SECURITY & IMMIGRATION CONTRACTOR AFFIDAVIT (PAGE 32 OF THIS DOCUMENT)

________

10. COPY OF VENDORS BUSINESS LICENSE AND/OR CERTIFICATE REQUIRED BUSINESS LICENSE

________

11. BIDDER’S AFFIDAVIT FORM (PAGE 29 OF THIS DOCUMENT)

________

12. SAVE AFFIDAVIT (PAGE 33 OF THIS DOCUMENT)

________

14. INSURANCE AFFIDAVIT (PAGE 34 OF THIS DOCUMENT)

________

15. SMALL LOCAL BUSINESS AND NON-DISCRIMINATION PROGRAM A.1 COVENANT OF NON-DISCRIMINATION A.2 STATEMENT OF SUCCESSFUL SUBCONTRACTORS A.3 STATEMENT OF INTERESTED SUBCONTRACTORS/VENDORS A.4 STATEMENT OF BID PROPOSALS/PRICE QUOTATIONS

________

***This Checklist is an integral part of RFB #14-01. This Checklist must be completed, signed and attached to the RFB to acknowledge receipt and compliance with the County’s requirements. *** _______________________________________ Signature/Title

RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

___________________________________________ Company Name

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TABLE OF CONTENTS

1.

INTENT ........................................................................................................................................5

2.

OVERVIEW/BACKGROUND ....................................................................................................5

3.

BID SPECIFICATIONS ...............................................................................................................5

4.

BIDDER REQUIREMENTS ........................................................................................................6

5.

ANNUAL CONTRACT SPECIAL TERMS AND CONDITIONS ............................................8

6.

BID COST FORM ........................................................................................................................9

7.

INSURANCE REQUIREMENTS ..............................................................................................10

8.

INSTRUCTIONS TO BIDDERS ...............................................................................................13

9.

CONTRACT TERMS AND CONDITIONS .............................................................................19

10.

ASSIGNMENT ...........................................................................................................................20

11.

NONDISCRIMINATION...........................................................................................................21

12.

PERFORMANCE OF CONTRACT ..........................................................................................21

13.

DEFAULT AND TERMINATION ............................................................................................21

14.

FORCE MAJEURE ....................................................................................................................22

15.

WAIVER.....................................................................................................................................22

16.

PURCHASE ORDER .................................................................................................................22

17.

INVOICES ..................................................................................................................................23

18.

PAYMENT .................................................................................................................................23

19.

SLBE PROGRAM ......................................................................................................................23

FORMS: NON-CONFLICT OF INTEREST .............................................................................................26 BIDDER’S QUALIFICATION SHEETS ............................................................................ 27-28 BID AUTHORIZATION AFFIDAVIT ......................................................................................29 EXCEPTIONS TO SPECIFICATIONS SHEET........................................................................30 CORPORATE CERTIFICATE ..................................................................................................31 GEORGIA SECURITY & IMMIGRATION COMPLIANCE FORM ......................................32 SAVE AFFIDAVIT ....................................................................................................................33 INSURANCE AFFIDAVIT .......................................................................................................34 SLBE PROGRAM: A.1 COVENANT OF NON-DISCRIMINATION FORM ............................................35 A.2 STATEMENT OF SUCCESSFUL SUBCONTRACTORS ...................................36 A.3 STATEMENT OF INTERESTED SUBCONTRACTORS/VENDORS ................37 A.4 STATEMENT OF BID/PROPOSAL PRICE QUOTATIONS ...............................38 RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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A Non-Mandatory Pre-Bid Conference will be held on February 13, 2014 at 9:00 AM in the Central Services Conference Room, 7994 North McDonough Street, Jonesboro, GA 30236. 1.

INTENT The Clayton County Board of Commissioners (County) is seeking bids from Internet Service Providers (ISP) for the provision of a dedicated Internet Access Service.

2.

3.

OVERVIEW/BACKGROUND 2.1

The Service solicited will replace the existing service to provide primary connectivity and communication between the County’s backbone network and the Internet.

2.2

The County has been a user of dedicated Internet Access Services (Services) for many years. The rapid growth of use and content, as well as the dependence upon various forms of reliable and isochronous Internet communication by staff, administration and the community, requires the demand for responsiveness and availability on a 24 hours per day, 7 days per week 365 days per year basis.

BID SPECIFICATIONS 3.1

It is required that any and all required components be interoperable with existing County network services, connections and configurations at their point of connection or influence.

3.2

The County will require 64 IPv4 external IP addresses. Pricing shall include 64 external IP addresses.

3.3

The County has been a user of Internet services several years and currently operates the following class C address space allocated from their respective ISP’s: 3.3.1

Starting Address Ending Address Route Origin  

3.4

107.7.34.64 thru 107.7.34.95 Earthlink 72.243.132.0 thru 72.243.132.31 Earthlink

Operational Requirements and Service Levels The desired Internet Access and Port Service shall be a non-metered dedicated line service supporting high-speed Internet access with following required parameters: 

Minimum average availability: 98% (contiguous 7-day period)



Problem Response: Trouble reports affecting network availability and operation shall have a response from the ISP to the County Technical Contact or designee within 60 minutes. Any operating anomalies shall be reported to the County Technical Contact or designee within 60 minutes of identification.

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4.

Maintenance: Maintenance periods shall not cause more than four (2) serviceaffecting events in any calendar month. All maintenance schedules shall be communicated to the named County Technical Contact via e-mail no less than 24 hours prior to the start of the maintenance period. Scheduled maintenance periods shall be limited to the hours from 1:00 A.M. PST to 5:00 A.M. PST, where possible. Scheduled maintenance periods shall not be included in availability calculations.

BIDDER REQUIREMENTS 4.1

The Bidder shall provide all necessary labor, materials, commodities, equipment and transportation required to meet the County’s Specifications for the products, commodities or services requested in this solicitation.

4.2

The Bidder shall replace all material at its expense if any materials or equipment is found to be non-compliant with the Specifications, such costs shall include all handling and/or transportation charges.

4.3

The Bidder shall furnish the necessary labor, materials, commodities and/or equipment specified herein to any department within the County at the same price(s) and under the same terms and conditions contained herein.

4.4

The County reserves the right to accept or reject any materials, commodities or equipment that does not conform to the Specifications contained in this RFB.

4.5

The Bidder shall provide written certification that all required labor, materials, commodities, equipment meets all specifications and performance requirements set forth in the RFB.

4.6

Any variations and/or exception to the specifications must be stated on the Exception Sheet.

4.7

Equipment 4.7.1

As a condition of acceptance, ISP must verify and demonstrate to County that ISP’s service interoperates with the County’s network and equipment at the following point(s) of connection as provided by the County: 

Cisco Catalyst 6500E (1 Gigabit – Full Duplex)

4.7.2

Full configuration and management access for all equipment installed by ISP on customer premise will be granted to authorized County personnel. All documentation and software necessary to manage this equipment, including any related use licenses; will be provided to County by ISP.

4.7.3

Setup and Configuration ISP will perform and/or coordinate all of the necessary hardware and software setup, including connectivity to and configuration at both the County’s network, ISP’s network, and any communication facilities existing between these two

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networks. This includes the acquisition of the necessary connection and/or routing equipment as well as the provision of necessary communication facilities and/or services from other telecommunications providers. 4.8

Minimum Support Requirements As a support requirement, all service components will be managed, maintained and supported by ISP to County requirements given the following parameters:

4.9



Service monitoring: 7x24 (with problem or outage notification to designated County personnel within 60 minutes) via electronic mail and telephone.



Repair service: 7x24 (with a minimum 1-hour response for initial contact).



Telephone support: 7:00 A.M. to 5:00 P.M. EST, Monday through Friday, all year (minimum)

Additional Services 4.9.1

In addition to the services specified previously, ISP will also provide the following as part of the service:  Secondary Domain Name Service.  Full BGP routes.

4.9.2

County requires a formal document advising repair escalation process. County expects a dedicated repair number, a “ticket” number, and a repair status every two hours, including a callback when the repair item is resolved. If repair issue not resolved within 8 business hours, County expects prorated service credit.

4.9.3

County requires a dedicated Account Representative available to interface directly with County Staff, and if different, a 24-hour emergency contact name with a valid, working telephone number that will have access to all required Departments to resolve issues.

4.9.4

County requires a dedicated network engineer/engineering/project management staff who are local, to ensure correct design of recommended network changes. Vendor may be required to furnish resumes for network engineering certificates/credentials of such engineers upon request.

4.9.5

Vendor must have dedicated billing representative with the ability to research and approve credits within 30 days of investigation.

4.9.6

Vendor must issue a check payable to the appropriate County Department for credits of any amount.

4.9.10 Vendor must be currently licensed to do business in the State of Georgia, which will be validated by Vendor providing copies of all licenses and/or certifications as part of vendor’s bid. Vendor must have been in existence at least five (5)

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years as an operating business. 5.

ANNUAL CONTRACT SPECIAL TERMS AND CONDITIONS 5.1

CONTRACT TERM The initial contract term shall be years (3) year. By mutual agreement between the Bidder and the County, the contract may be renewed for two (2) additional one (1) year periods. If the County elects to renew the contract into the fourth or fifth year it will notify the Bidder at least sixty (60) days prior to the expiration date of its intent. If needed, the annual contract will be extended ninety (90) days or for such period beyond the contract expiration date as it may be necessary to afford the County a continuous supply of the item(s) or services.

5.2

PRICES The Bidder shall agree to supply the Services and materials for the next twelve (12) months' period at the stated and established prices. Any proposed price increase for any contract renewal shall be negotiated by the Parties.

5.3

MINIMUM ORDER The County shall order services and materials on an as-needed basis. Bidder shall affirmatively state any quantity minimum order requirements as part of its bid for evaluation by the County.

5.4

AWARD The County reserves the right to award one or more contracts to the most responsive and responsible Bidder(s) offering prices which result in the lowest overall cost to the County. The County reserves the right to award the bid as a whole, or by specific item(s), depending on the method that results in the lowest overall cost to the County.

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6.

BID COST FORM RFB PKG. # 14-01 INTERNET ACCESS SERVICES – ANNUAL CONTRACT (RE-BID)

SERVICE TYPE CONNECTION SPEED

ONE TIME INSTALLATION CHARGE

MONTHLY RECURRING RATE

1.

500 Mbps Fiber Handoff Dedicated Internet

$____________

$____________

2.

1 Gbps Fiber Handoff Dedicated Internet

$____________

$____________

______________________________ Printed Name

________________________________ Title

______________________________ Signature

________________________________ Date

______________________________________________________ COMPANY NAME

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7.

INSURANCE REQUIREMENTS Bidder shall procure and maintain, until all of its obligations including any warranty periods under the Contract have been satisfied or otherwise discharged, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work thereunder by the Bidder, Bidder’s agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for the Contract and in no way limit the indemnity covenants contained in the Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Bidder from liabilities that might arise out of the performance of the work under the contract by the Bidder, its agents, representatives, employees or subcontractors, and Bidder is free to purchase additional insurance. MINIMUM SCOPE AND LIMITS OF INSURANCE (Bidder shall provide coverage with limits of liability not less than those stated below.)

7.1

Commercial General Liability: Commercial General Liability -- Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than: General Aggregate Products – Completed Operations Aggregate Personal and Advertising Injury Blanket Contractual Liability Each Occurrence

$2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

The policy shall be endorsed to include “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Bidder.” 7.2

Business Automobile Liability: Bodily Injury and Property Damage for any owned, hired, rented, leased and/or non-owned vehicles used in the performance of the Contract with limits no less than: Combined Single Limit (CSL)

$1,000,000

The policy shall be endorsed to include “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Bidder.” 7.3

Workers’ Compensation: Worker’s Compensation and Employers’ Liability coverage is waived if Contractor has less than three employees.

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Workers’ Compensation Coverage: Statutory to meet the State of Georgia Requirements. Employers’ Liability - If applicable, with limits no less than: Each Accident Disease – Each Employee Disease – Policy Limit

$500,000 $500,000 $500,000

Policy shall contain a waiver of subrogation in favor of “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, officers, agents, employees and volunteers” for losses arising from work performed by or on behalf of the Bidder. 7.4

Professional Liability (Errors and Omissions Liability): Professional Liability coverage is required if contractor is required to be certified for the work involved in the contract. Each Claim Annual Aggregate

$1,000,000 $2,000,000

a. In the event that the professional liability insurance required by the Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of the Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under the Contract is completed. b. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of the contract. 7.5

Additional Insurance Requirements: a. The Bidder’s insurance coverage shall be primary insurance with respect to all other available sources. b. Coverage provided by the Bidder shall not be limited to the liability assumed under the indemnification provisions of the Contract. c. The Bidder may meet the insurance limits set forth herein with any combination of primary and Umbrella/Excess liability insurance. d. Additional Insured and Waiver of Subrogation endorsements shall be worded and supplied as listed under each line of coverage. The Certificate Holder shall be: Clayton County Board of Commissioners Clayton County, Georgia But delivered to: Clayton County Central Services Department 7994 N. McDonough Street Jonesboro, Georgia 30236

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7.5

Cancellation Notice: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with the Contract in the insurance policies above shall require (30) days written notice to Clayton County. Such notice shall be sent directly to Clayton County Risk Management Division - Nikki Howard at 770-473-5907 and shall be sent by certified mail, return receipt requested.

7.6

Acceptability of Insurers: Insurance is to be placed with duly licensed or approved nonadmitted insurers in the State of Georgia with an “A.M. Best” rating of not less than A- VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Bidder from potential insurer insolvency.

7.7

Verification of Coverage: Bidder shall furnish Clayton County with certificates of insurance as required by the Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

7.8

All certificates of insurance and endorsements are to be received and approved by the Risk Management Division before work commences. Each insurance policy required by the Contract must be in effect at or prior to commencement of work under the Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by the Contract, or to provide evidence of renewal, is a material breach of contract. The successful Bidder will supply the Certificate of Insurance with their signed agreements or may be faxed to the attention of Nikki Howard at 770-473-5907.

7.9

Insurance Approval: Any modification or variation from the insurance requirements in the Contract shall be made by Clayton County Risk Management Division whose decision shall be final. Such action may or may not require a formal Contract amendment, or may be made by administrative action. The County’s Risk Management contacts all listed Brokers and/or Insurance Carriers to verify coverages and endorsements. Any mistakes on the Certificate of Insurance and/or Endorsements may be addressed at such time as well.

7.10

Subcontractors: It is the sole responsibility of the Bidder to ensure all subcontractors working under it have separately procured any and all types and limits of insurance that is required under any and all pertinent local, state, federal, ordinances or resolutions that is suitable for the particular trade that the sub-contractor is performing. It is also the sole responsibility of the Bidder to ensure any and all subcontractors carry the types and limits of insurance not less than those listed herein and that the subcontractors carry and/or procure endorsements to waive all subrogation rights against and name “Clayton County, GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds.

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8.

INSTRUCTIONS TO BIDDERS 8.1

SUBMISSION OF BIDS 8.1.1

These instructions and Specifications binds all Bidders to terms and conditions herein set forth, except as specifically stated otherwise in the terms and conditions set forth in any resulting contract. These instructions are to be considered an integral part of the bid.

8.1.2

The Bid Submittal Checklist must be reviewed and the Bidder shall submit all required documents in order to be considered responsive.

8.1.3

Bidder shall submit one (1) unbound original, two (2) bound copy of its bid which must be typewritten or printed in ink. All bids must be filled out legibly with all changes or corrections must be initialed by the person signing the bid. The bid must be manually signed.

8.1.4

The person, firm or corporation submitting the bid must submit it in a sealed envelope on or before the date and time stated in this bid document. The name of the bidder must be shown in the upper left corner of the bid envelope. The envelope shall be addressed to: CLAYTON COUNTY CENTRAL SERVICES 7994 North McDonough Street Jonesboro, GA 30236 SEALED BID INTERNET ACCESS SERVICES FOR CLAYTON COUNTY ANNUAL CONTRACT (RE-BID) RFB #14-01 OPENS MARCH 6, 2014 2:00 P.M.

8.1.5

It shall be the duty of each Bidder to ensure that its bid is delivered within the time allowed and at the place prescribed in this solicitation document. Bids received prior to the time fixed in this solicitation document will be securely kept unopened. A date/time stamp shall be affixed to the envelope/package immediately upon its arrival to Central Services. Any bid received after the exact time and date specified, shall be marked “late bid”, shall not be opened and shall not be considered. If a late bid is hand delivered, it shall be returned unopened to the Bidder and shall not be considered.

8.1.6

At the date and time specified for the opening of the bid, the bid shall be publicly opened and read aloud for the information of bidders and others present.

8.1.7

If descriptive literature is attached to the bid Bidder’s firm name must be on all sheets submitted.

8.1.8

Each bid submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this solicitation. The

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failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve the Bidder from obligations in respect to the bid submittal or the compliance of the terms, conditions and requirements of the bid.

8.2

8.1.9

Individual contractors shall provide their Social Security number with the bid. All proprietorships, partnerships and/or corporations shall provide their Federal Employer Identification number on page one of the bids and submit a completed W9 form.

8.1.10

The authorized representative whose signature appears on the bid submitted certifies that the Bidder has carefully examined the instructions of this bid and the terms and specifications applicable to and made a part of this bid. The Bidder shall further certify that the prices shown on the Bid Price Submittal Form is in accordance with the conditions, terms and specifications of the bid and that any exception taken thereto may disqualify the bid.

PREPARATION OF BIDS 8.2.1

Negligence on the part of the Bidder in preparing its bid confers no right to withdraw or modify its bid in any way after the deadline for the bid submission.

8.2.2

Unit prices shall be shown on the Bid Price Submittal Form in this document. All bids shall be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

8.2.3

All products, equipment, articles or materials provided by Bidder shall be new and unused or current production. No reconditioned or used item(s) shall be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models shall not be acceptable.

8.2.4

Samples of items, when required, shall be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the Bidder’s request and expense if items are not destroyed by testing.

8.2.5

Full identification of each item bid upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what is being offered. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed so as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective Bidders are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the bid for further consideration. The final determination of equivalency will be determined by the County.

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8.3

DISQUALIFICATION OF BIDDERS Pursuant to County Code Sec. 2-133 bids may be disqualified by the director of Central Services as a result of, but not necessarily limited to, the following reasons: 8.3.1 8.3.2 8.3.3 8.3.4 8.3.5

Failure to follow the County's bid schedule. Failure to return applicable compliance and/or specification sheets. Failure to return applicable addenda. Failure to provide information on alternates or equivalents, when allowed. Failure to provide bid bond when specifically stated will result in automatic rejection. 8.3.6 Failure of bidder to sign all requested documents. 8.3.7 Failure to submit bid by deadline. 8.3.8 Failure of supplier to extend prices. 8.3.9 Failure to hold firm pricing. 8.3.10 Failure to meet specified delivery requirements. 8.3.11 Prices for services or items that exceed the department's budgeted amount allowed for those items. (Code 1973, § 2-2-62; Ord. No. 2007-54, § 1, 3-20-07). 8.4

8.5

DELIVERY AND FOB DESTINATION 8.4.1

All prices shall include shipping and delivery cost to the County’s designated location; F.O.B., Clayton County, Georgia, unless otherwise requested. The Bidder shall handle all material procurement, storage and delivery to the project sites. Unless otherwise specified in this solicitation, Bidder shall supply all materials required. The County will grant no allowances for boxing, crating or delivery unless specifically provided for in this bid. The Bidder shall retain title for the risk of loss during transportation, including the filing for loss or damages.

8.4.2

The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a bid. Bidder shall state a definite delivery time and avoid using general terms such as "ASAP" or “in approximately so many days”.

CLARIFICATION AND COMMUNICATION TO COUNTY CONCERNING BID 8.5.1

If there are any questions whatsoever regarding any portion of the specifications, it shall be the Bidder's responsibility to seek clarifications by submitting questions. All questions must reference the Bid Pkg. number and be submitted in the form of an email to: [email protected], by the date and time shown on page 1, under the schedule of events. No verbal questions will be accepted.

8.5.2

Any variations from the bid specifications shall be clearly stated by the Bidder in writing on the Exceptions to Specifications Sheet and submitted with this bid.

8.5.3

From time to time, Central Services may have to release written changes to a solicitation. The County shall provide notification of any such written addenda

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to Bidders. However, it is the ultimate responsibility of the Bidder to ensure that it has all applicable addenda prior to its bid submission. Therefore, the County strongly encourages all Bidders to frequently review its website: http://claytoncountyga.gov/departments/central-services/view-bids-andproposals.aspx. All addenda forms shall be signed and submitted with the bid; failure to provide the forms shall cause the bid to be deemed non-responsive. Failure to respond to any addenda or requests for clarification shall result in a finding of a nonresponsive bid.

8.6

8.5.4

The successful Bidder’s bid pricing sheet and all addenda will become a part of the contract resulting from this RFB Pkg. #14-01.

8.5.5

Bidders seeking an award of a County contract shall not initiate or continue any verbal or written communication regarding this solicitation with any County officer, elected official, employee or any other County representative without permission of Central Services between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Director of Central Services. If the Director determines that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. The only exception to the above prohibition is communication with Central Services requesting clarification and/or the posing of questions to the Central Services’ designee regarding this solicitation.

REJECTION AND WITHDRAWAL OF BIDS 8.6.1

Withdrawal of Bid Due to Errors. Bidder has up to forty-eight (48) hours to notify the Central Services’ office of an obvious clerical error made in calculation of its bid in order to withdraw a bid after bid opening. Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period. Any Bidder failing to request withdrawal of its bid within the required forty-eight (48) hours shall automatically forfeit its bid bond. Bid may not be withdrawn otherwise.

8.6.2

Central Services will make a recommendation of award to the Board of Commissioners within sixty (60) days from date of bid opening.

8.6.3

The County reserves the right to accept or reject any and/or all bids, to readvertise and to waive any technicalities.

8.6.4

Modification/Corrections. If an error is discovered prior to bid opening, the Bidder can submit a corrected sealed bid. The corrected document shall be clearly marked indicating that the new bid supersedes the bid originally submitted. No corrections shall be allowed after the bid opening has occurred. Any clerical errors should be reported to the County’s Purchasing Agent, who has the authority to reject any and all bids if it serves the best interests of the

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County. 8.7

NON-COLLUSION By submitting a bid in response to this solicitation, the Bidder represents that in the preparation and submission of its bid, that it did not either directly or indirectly, enter into any collusion or arrangement with any person, other bidder, entity or corporation; or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

8.8

EXCEPTIONS AND OMISSIONS If exceptions are taken to any portion of the specifications or Scope of Work or Specifications, such exception must accompany the bid and must be in writing. If any feature normally required to complete job of this nature or provide such services, equipment or commodity, is omitted by the Bidder, it too must be so stated in writing and be included with the bid. The County reserves the right to reject any exception taken to the bid if it finds it to be in its best interest to do so, or if such exception would materially alter the project, service or commodity to be provided. Bidder shall not make alterations to the County’s solicitation documents; any such alterations are strictly prohibited and shall result in automatic disqualification of the Bidder’s bid. Bidder shall not take exception to the County’s insurance requirements, indemnification, the term of contract, any required state or federal regulations, laws or County ordinance requirements.

8.9

8.10

BID AND CONTRACT DOCUMENTS 8.9.1

If a bid executed by an attorney or agent on behalf of the Bidder is a corporation, the Certificate of Corporate Bidder (Appendix A) must be executed. The certificate must be executed under the corporate seal by a duly authorized officer of the corporation. If the Bidder is a corporation, the bid must be submitted in the name of the Corporation, not simply the corporation’s trade name. In addition, the bidder must indicate the corporate title of the individual signing the bid.

8.9.3

Partnership – If the Bidder is a partnership, all partners must sign the bid with a letter of a partnership certification statement (Appendix A) on company letterhead that they are all the partners. If all the partners do not sign the bid, then the names of all those except limited partners must be furnished on the bid and evidence of the authority of the signer(s) to execute the bid on behalf of the partnership.

DISCOUNTS Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

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8.11

COUNTY’S TAX EXEMPTION The County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Clayton County. Exemption certificates will be furnished upon request.

8.12

AWARD OF CONTRACT 8.12.1

The County desires to complete the award process in a timely manner. If the successful Bidder does not produce the County required documents in the fourteen (14) days as stated in this bid document, the Bidder may be in default of its award status and the County reserves the right to award to the next lowest bidder and so on until a contract is awarded.

8.12.2

The County reserves the right to cancel this solicitation, reject or accept any or all bid in whole or in part hereof, by item or group of items, by section or geographic area, or to make multiple awards if such award would be the most advantageous to the County with price and other factors considered.

8.12.3

The contract, if awarded by the County’s Board of Commissioners, will be awarded to the lowest most responsive, responsible Bidder(s). The bid specifications and results will be available on the County’s web site: http://claytoncountyga.gov/departments/central-services/view-bids-andproposals.aspx.

8.12.4

If the successful Bidder defaults on its bid an award may be made to the next lowest most responsive and responsible Bidder. Responsibility - The determination of the Bidder’s responsibility will be made by the County based on whether the Bidder meets the following minimum standard requirements:        

Maintains a physical location presence and permanent place of business. Has the appropriate and adequate technical experience required. Has adequate personnel and equipment to perform the work expeditiously. Able to comply with the required or proposed delivery and installation schedule. Has a satisfactory record of performance. The ability of bidder to provide future maintenance and/or service. Has adequate financial means to meet obligations incidental to the work. Any other factors as the County deems to be pertinent to either the bid or the contract.

Responsiveness - The determination of the Bidder’s responsiveness will be made by the County based on a consideration of whether the bidder has submitted complete bid documents meeting bid requirements without

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irregularities, excisions, special conditions, or alternatives bids for any item unless specifically requested in the solicitation.

8.13

9.

8.12.5

The County is subject to making the bids available for disclosure after opening pursuant to the Georgia Open Records Act.

8.12.6

No claim shall be made by the selected Bidder(s) for lost profits if the Contract is not awarded.. The total of the contract awarded shall not exceed the County’s available funds allocated for the services.

CODES, PERMITS, FEES, LICENSES AND LAWS 8.13.1

All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Bidder.

8.13.2

State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a bid to the County Bidder certifies that in the event it employs or contracts with any subcontractor(s) in connection with the contract, the Bidder shall secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the bid, must be signed by the Bidder, and will become part of the contract.

8.13.4

As an applicant for a Clayton County, Georgia contract, as referenced in O.C.G.A. § 50-36-1 and the August 1, 2010, "Report of the Attorney General on Public Benefits," and pursuant to the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, all Bidders are required to complete a SAVE affidavit as part of its bid.

CONTRACT TERMS AND CONDITIONS 9.1

STATEMENT OF WARRANTY Bidder’s Statement of Warranty should include all applicable manufacturers’ warranty and the Bidder’s warranty in regards to equipment, materials and workmanship. Products provided should be warranted for a minimum of ninety (90) days. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

9.2

The successful Bidder will promptly correct all products and/or work rejected by the County as faulty, defective, or failing to conform to the contract Specifications. Bidder will bear all costs of correcting or replacing such rejected products and/or work.

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9.3

INDEMNIFICATION Bidder agrees to indemnify, defend, save and otherwise hold harmless Clayton County, GA, its elected and appointed officials, departments, agencies, boards, authorities, directors, officers, employees, and volunteers against and/or from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs, attorneys’ fees and any other costs associated and/or related in any way to any claim or litigation for or on account of any property damage, injury or death to any person or action related to such brought by any person and/or estate which may arise or which may be alleged to have arisen out of or in connection with the work covered by the Contract, except to the extent that such loss results from the sole negligent act of Clayton County, GA. This indemnity provision shall include activities required for compliance with all applicable environmental laws, ordinances and regulations in effect during the term of this Agreement and continue for a period of two years after termination thereof. The successful Bidder agrees to protect Clayton County from claims involving infringements of patents and/or copyrights. The unauthorized use of patented articles is done at the risk of the Bidder. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation laws of the State of Georgia or arising out of the failure of such Bidder to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is agreed that Bidder will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Bidder agrees to waive all rights of subrogation and/or financial recovery of any kind in favor of Clayton County, Georgia, its departments, all elected and appointed officials, to include, but not limited to, its commissioners, directors, officers, agents, boards, volunteers and employees for losses arising or alleged to have arisen out of any work performed in relation to the Contract.

9.4

CONTROLLING LAW, VENUE The terms of any resulting contract shall be governed by the applicable laws of the County and/or the State of Georgia. Any dispute arising out of the resulting contract, this bid solicitation, its interpretations, or its performance shall be resolved by alternative dispute resolution (ADR). If litigation ensues, such matter shall be brought in the Clayton County Judicial circuit or federal court having jurisdiction over the parties.

9.5

BIDDER AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Bidder shall act as an independent contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Bidder’s employees and subcontractors shall be the sole responsibility of Bidder.

10.

ASSIGNMENT The contract created by the award to the successful bidder shall not be sold, not be assigned or transferred, in whole or any part hereof, by Bidder by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Bidder, or with a business entity which is merged or consolidated with

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Bidder or which purchases a majority or controlling interest in the ownership or assets of Bidder without the prior written consent of County. 11.

NONDISCRIMINATION Notwithstanding any other provision of the resulting contract, during its performance Bidder, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of the contract does hereby covenant and agree, that:

12.

13.

11.1

No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.

11.2

In the furnishing of services or materials no person shall, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

PERFORMANCE OF CONTRACT 12.1

The County reserves the right to enforce the Bidder’s performance in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of the resulting contract award. It will be understood that time is of the essence in the Bidder’s performance.

12.2

The successful Bidder shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

12.3

The Bidder accepts the relationship of trust and confidence established by the award of this solicitation. The Bidder covenants with the County to utilize the Bidder’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County.

DEFAULT AND TERMINATION 13.1

Termination by County. The Contract resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the Bidder fails to carry out the contract provisions of any one or more of the following events: 13.1.1

The default by Bidder in the performance of any of the terms, covenants or conditions of the Contract, and the failure of Bidder to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the Bidder with notice of any conditions which violate or endanger the performance of the Contract. If after such notice the Bidder fails to remedy such conditions within thirty (30) days to the satisfaction of the County, the County may exercise its option in writing to terminate the Contract without further notice to the Bidder and order the Bidder to stop work immediately and vacate the premises and to cancel

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ordered products and/or services with no expense to the County.

14.

13.1.2

Bidder files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Bidder and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

13.1.3

Bidder’s failure to conduct services according to the approved bid specifications.

13.1.4

Bidder’s failure to keep, perform, or observe any other term or condition of the Contract.

13.1.5

Bidder’s performance of the contract is unreasonably delayed.

13.1.6

Should the successful Bidder fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this bid elsewhere if available from an alternate source.

13.1.7

The Bidder agrees by its bid submission that the County’s decisions with regard to termination of the resulting contract shall be final and valid.

FORCE MAJEURE Neither party shall be held to be in breach of the Contract resulting from this bid, because of any failure to perform any of its obligations thereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

15.

WAIVER The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained therein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

16.

PURCHASE ORDER A purchase order(s) shall be generated by Clayton County Central Services to the successful Bidder for the acquisition of products/services specified, after all Bidder required documents have been received in the Central Services office. Any documents for this solicitation must reference Purchase Order number and Bid Package number.

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17.

INVOICES Invoices should not be faxed but must be mailed directly to: Clayton County Board of Commissioners Finance Department P. O. Box 999 Jonesboro, GA 30237 The following information must appear on all invoices submitted:    

18.

Name and address of successful bidder; Detailed breakdown of all charges for the services or products delivered stating any applicable period of time; Clayton County’s Purchase Order Number and Bid Package number; and Invoices shall be based upon actual services rendered, actual work performance and/or products delivered.

PAYMENT Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the contract; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

19.

SMALL LOCAL BUSINESS ENTERPRISE AND PROCUREMENT NONDISCRIMINATION PROGRAM (SLBE) Clayton County has implemented a Small Local Business and Procurement Non-discrimination Program to promote full and open competition in all government procurement and purchasing. Goals for participation of Small Local Business Enterprises (SLBEs) are set for specific NIGP codes on a contract by contract basis for each specific prime contract with subcontracting possibilities. Please note that there is no SLBE goal on this project. However, the County wants to ensure that Bidders are non-discriminatory in their process of selecting subcontractors. Clayton County also wants to encourage Bidders to utilize small, minority or woman-owned businesses whenever possible. All forms included in this section must be completed for a Bidder to be considered responsive. SLBE means a locally-based small business operating inside or outside of Clayton County, which meets the following criteria: 

 

Demonstrates that the firm's gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103 et al., does not exceed the size standards as defined pursuant to 13 C.F.R. §121.201 et al. which can be found at: http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf; Demonstrates that the net worth of each owner does not exceed $750,000, exclusive of principal residence and the value of the SLBE; Provides information regarding the ethnicity and gender of its original owners;

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Demonstrates that the firm is located or has an office in Clayton County (inside Clayton) or in DeKalb, Fayette, Fulton, Henry or Spalding counties (outside Clayton).

If a firm is locally-based in one of the counties mentioned above, is currently certified as a small business through the SBA, DeKalb County, Georgia Department of Transportation, or the City of Atlanta, and can provide evidence of its certification, the firm will be provisionally accepted as a SLBE, provided that they complete the official certification application for Clayton County within ten (10) business days following the bid opening date and prior to contract award. If a firm meets these qualifications, but is not currently certified as a small business, then the firm must complete an application for certification with Clayton County no later than seven (7) business days following the deadline for bid submission. Subcontractor participation is required to be submitted as part of the bid submission by each bidder. Award of the contract is conditioned upon satisfaction of the SLBE and nondiscrimination requirements. If the SLBE participation does not meet the goals, the Bidder will be required to submit evidence demonstrating that “good faith efforts” were made to meet the goal. SLBEs must perform a commercially useful function, which means performance or provision of real and actual services under a contract or subcontract with Clayton County Government. Factors such as the nature and amount of work subcontracted; whether the SLBE has the skill and expertise to perform the work for which it has been certified; whether the SLBE actually performs, manages or supervises the work; and whether the SLBE intends to purchase commodities and/or services from a non-SLBE and simply resell them will be considered in determining if the SLBE is performing a commercially useful function. This package contains the following forms that Bidders are required to submit along with their bid:    

Covenant of Non-Discrimination Statement of Successful Subcontractors Statement of Interested Subcontractors/Proposers Statement of Bid/Proposal Price Quotations

By signing the bid, the Bidder is certifying that it has complied with the requirements of this program. Please contact the Contract Compliance Division for a list of certified SLBEs. SLBE PARTICIPATION GOAL (THERE IS NO GOAL FOR THIS PROJECT)

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PROCUREMENT NON-DISCRIMINATION PROGRAM In addition to the SLBE Program, Clayton County also has a compelling interest in providing equal business opportunities for all persons wishing to do business with it. Therefore, the County will also monitor and track minority and women-owned business (MWBE) availability and participation through Benchmarks. Benchmarks are not goals or quotas, but a method that enables the County to compare MWBE participation in procurement with expected participation rates based on availability within the Metropolitan Statistical Area (MSA). Each of the forms included in this package require the proposer to provide information on the race/ethnicity and gender of each subcontractor who the Proposer contacted or who contacted the Proposer, successful subcontractors, and those who were not selected. If MWBE participation falls short of the Benchmark, this triggers an inquiry to determine if the proposer was discriminatory in selecting subcontractors. As with the SLBE program, firms that are currently certified as a minority or woman-owned firm by an entity in the MSA will be provisionally accepted as an MWBE, provided that they complete Clayton County’s certification application within ten (10) business days following the bid opening date and prior to contract award. There is no Benchmark established for this project. However, as indicated above, the County will track the race/ethnicity and gender of subcontractors listed by Bidders in their bid/proposal packages.

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NON-CONFLICT OF INTEREST By submitting a bid in response to this solicitation, the proposer represents that in the preparation and submission of this bid, said Proposer did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Proposer certifies that to the best of its knowledge, no circumstances exist which shall cause a conflict of interest in performing services for Clayton County, and that no company or person other than bona fide employees working solely for our firm has been employed or retained to solicit or secure an agreement resulting from this request for bid. Signature: Type Name: Title: Firm:

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BIDDER’S QUALIFICATION SHEET Page 1 of 2 COMPANY NAME: NAME _________________________________________TITLE ADDRESS CITY

ST

PHONE

FAX

ZIP

E-MAIL 1. Number of years experience Bidder has providing products/services as per specifications. 2. Name and address of government agencies/companies in the past five (5) years that you have provided products/services as per specifications. Indicate date/year of contracts and person to contact for reference. Bidder must complete all information below. 3. Number of employees specifically hired by Bidder to provide product(s) and/or services as specified in this document. Supervisory

Laborers

Other

4. Please list four (4) references of current customers who can verify the quality of service your firm provides. The County prefers customers of similar size and scope of work to this bid. REFERENCE ONE Government/Company Name Address Contact Person and Title Phone

Fax

Contract Period

Scope of Work

REFERENCE TWO Government/Company Name Address Contact Person and Title Phone

Fax

Contract Period

Scope of Work

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BIDDER’S QUALIFICATION SHEET Page 2 of 2 REFERENCE THREE Government/Company Name Address Contact Person and Title Phone

Fax

Contract Period

Scope of Work

REFERENCE FOUR Government/Company Name Address Contact Person and Title Phone

Fax

Contract Period

Scope of Work

Information of Person who prepared this form:

______________________________ Printed Name

________________________________ Title

______________________________ Signature

________________________________ Date

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BID AUTHORIZATION AFFIDAVIT STATE OF GEORGIA COUNTY OF CLAYTON BEFORE ME, the undersigned authority a Notary Public in and for the State of _________________, on this day personally appeared _______________________________ who, after having first been duly sworn, upon oath did depose and say; that the forgoing bid submitted by _________________________ hereafter called “Bidder” is duly authorized agent of said company and that the person signing said bid has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this Agreement, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted, agrees to furnish the articles and/or services listed and offered in this document at the prices and terms stated, subject to the conditions and specifications of this Request for Bid. Bidder Information:

(Company)

(Signature)

(Address)

(Printed Name)

(City, State, Zip)

(Title)

SWORN TO AND SUBSCRIBED BEFORE ME THIS ________ day of ____________________ 20___.

Notary Public in and for the State of

(Seal) (FAILURE TO SIGN THIS SECTION SHALL DISQUALIFY BIDDER’S RESPONSE)

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EXCEPTIONS TO SPECIFICATIONS SHEET If there are any exception(s) or clarification(s) taken to the Specifications set forth in this RFB use this sheet and list the specification’s description and page number to which an exception is taken. ANY exception(s) to the RFB Specifications shall be explained in full. Clayton County will determine the Bidder’s compliance with the bid requirements based on the information submitted and its exceptions to the Specifications. Bidder shall not take exception to the County’s insurance or indemnification requirements. Attach additional pages if more space is needed. Item Description and Page Number

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Description of Exception

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CORPORATE CERTIFICATE Corporations I, ______________________________, certify that I am the _____________________ (title) of the Corporation named as Proposer in the forgoing Bid; that ______________________________, who signed said Bid on behalf of the Bidder of said Corporation; that said Bid was duly signed for and on behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of ____________. This _________day of ________________, 20 _____.

___________________________________ (Printed Name)

___________________________________ (Signature) (Corporate Seal must be affixed above) ______________________________________________________________________________ Partnership or other entities: I, ______________________________________________, certify that I am authorized to sign to commit _________________________________ named a Bidder in the foregoing Bid. That said company is formed under the laws of the State of _______________________. This _______________ day of _____________________________, 20 _____. __________________________________ (Printed Name) ___________________________________ (Signature)

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GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT

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SAVE AFFIDAVIT CONTRACT WITH A LOCAL GOVERNMENT STATE OF GEORGIA CLAYTON COUNTY By executing this affidavit under oath, as an applicant for a Clayton County, Georgia contract as referenced in O.C.G.A. § 50-36-1 and the August 1, 2010, “Report of the Attorney General on Public Benefits,” I am stating the following with respect to my ability to enter into a contract with Clayton County: Name of natural person applying on behalf of individual, business, corporation, partnership or other private entity) As a representative of: (Name of the business, corporation, partnership, or other private entity) (1) (2) (3) (4)

________ I am 18 years of age or older. ________ I am a United States citizen. ________ I am a legal permanent resident. My Alien Registration Number is ______________. ________ I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act and lawfully present in the United States.*

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20. This _______ day of _______________, 20_____. Signature of Applicant: _________________________________________________ Printed Name: _________________________________________________________

Subscribed and sworn before me this _____ day of _______________, 20_____.

Notary Public My commission expires:

*Note: O.C.G.A. § 50-36-1(e) (2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their Alien Registration Number. Because legal permanent residents are included in the federal definition of “alien,” legal permanent residents must also provide their Alien Registration Number. Qualified aliens that do not have an Alien Registration Number may supply another identifying number: ______________________.

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Clayton County Central Services 7994 North McDonough Street Jonesboro, Georgia 30236 Main #: 770-477-3587 Fax #: 770-477-3335 Administration Risk, Claims & Safety Contracts, Purchasing & Contract Compliance

1330 Government Circle Jonesboro, Georgia 30236 Print Shop Main #: 770-477-3562 Warehouse Main #: 770-477-3561 Fax #: 770-477-3616

Theodis R. Locke Director

Print Shop Warehouse

Acknowledgement of Insurance Requirements I,_______________________________, as an authorized agent of _______________________ shall comply completely and promptly with all insurance requirements contained in the County’s Request for #14-01 Internet Access Services for Clayton County – Annual Contract (Re-Bid) pertaining to insurance and/or bonding. Bidder understands that it is required to share the County’s insurance and/or bonding requirements with the appropriate surety company(s) and/or insurance brokers, agents, underwriters, etc. prior to any award of a contract and to take all necessary steps to ensure compliance with the applicable bonding, insurance and endorsement requirements without delay. Bidder understands, acknowledges and agrees that its failure to fully comply with these requirements within five (5) days and more than ten (10) days of the date Bidder receives a final contract from the County may result in the forfeiture of the bid guarantee submitted with its bid and/or the disqualification of Bidder from further consideration for the contract. By executing this Acknowledgement of Insurance Requirements, I represent that I am authorized to make the representations contained herein on behalf of _______________________. Further by signing below, I represent that _________________________understands and agree to unconditionally comply with all requirements related to insurance and/or bonding contained in the County’s contract attached hereto as Attachment A. Date:_____________, 20___. Corporate Bidder:

Non-Corporate Bidder: [Insert Bidder Name]

______________________________________

______________________________

By: ___________________________________ Name: ________________________________ Title: _________________________________

By:___________________________ Name:________________________ Title:_________________________

_______________________________________ Notary Public (Seal) My Commission Expires:_________________

______________________________ Corporate Secretary/Assistant Secretary (Seal)

RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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SLBE FORMS A.1- A.4

Covenant of Non-Discrimination Form I, _______________________________(name, title), on behalf of ________________________ (company), by my signature below, do hereby promise: 1. to adopt the policies of Clayton County relating to equal opportunity in contracting on projects and contracts funded, in whole or in part, with funds of Clayton County Government; 2. not to otherwise engage in discriminatory conduct; 3. to provide a discrimination-free working environment; 4. that this Covenant of Non-Discrimination shall be continuing in nature and shall remain in full force and effect without interruption; and 5. that this Covenant of Non-Discrimination shall be incorporated by reference into any contract or portion thereof which we may hereafter obtain. We understand that our failure to satisfactorily discharge any of the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract. _______________________________________ Signature _______________________________________ Name and Title (typed or printed)

Subscribed and sworn before me this _____ day of ________________, 20___. _______________________________________ Notary Public My Commission Expires___________________________ Seal

RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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RFB #14-01 INTERNET ACCESS SERVICES FOR CC – A/C REBID

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