Demolition of Building

LEON COUNTY AUDITOR'S OFFICE Melissa B. Abney, County Auditor P.O. Box 898, 11 3 West Main Street, Centervi lle, Texas 75833 (903)/536-2709 (903)536-5801 Fax Dear Bidders: January 11 , 2023 Invitation for Bid You are invited to submit bids in accordance with the attached specification packet, Invitation for Bid #2023-279, Demolition of Building . All bids must be submitted to the Leon County Auditor's Office, 113 West Main Street, 2nd Floor, Centerville, Texas 75833, no later than 3:00 PM , Thursday, February 2, 2023. Bids will be opened at 3:05 PM , Thursday, February 2, 2023, in the Auditor's Conference room located in the Auditor's Office on the second floor of Annex I. All questions regarding th is bid solicitation must be in writing and may be sent by email to debbie.reeder@co.leon.tx.us or faxed to 903-536-5801 to the attention of Debbie Reeder no later than four business days prior to the due date. It is the

responsibility of each vendor to examine the entire bid package, seek clarification in writing and review their bid for accuracy before submitting . The County will not be bound by any information conveyed verbally. All Bids shall be submitted to the Leon County Auditor's Office in a sealed envelope marked: BID NO. 2023-279 Demolition of Building Your consideration of this bid request is appreciated . Sincerely, Debbie Reeder Leon County 1st Assistant Auditor Attachments IFB 2023-279 DEMOLITION OF BUILDING 1 TABLE OF CONTENTS Page Bid Submittal Checklist ....................................................................................................... 2 Instructions to Bidders ...................................................................................................... 3-6 General Conditions of Bidding and Terms of Contract..................................................... 7-13 Special Requirements/Instructions ................................................................................. 14-15 Procurement Standards ................................................................................................. 16-52 Davis-Bacon Prevailing Wage Rates .............................................................................. 53-57 Vendor References ............................................................................................................. 58 Certificate of Interested Parties Form 1295 ......................................................................... 59 Conflict of Interest Questionnaire ......................................................................... 60 Specifications ................................................................................................................. 61-63 Bid Form ............................................................................................................................. 64 Signature Page ................................................................................................................... 65 Offer and Acceptance Form ................................................................................................ 66 IFB 2023-279 DEMOLITION OF BUILDING 2 BID SUBMITTAL CHECKLIST Items checked below represent components comprising this bid package. If the item IS NOT checked, it is NOT APPLICABLE to this bid. Bidders are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Auditor’s Office immediately. It is the Bidder’s responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. X 1. Cover Sheet – X 2. Table of Contents This page is the Table of Contents X 3. Offer and Acceptance Form This page to be sign and returned with Bid packet. X 4. General Requirements You should be familiar with all of the General Requirements. X 5. Special Requirements/Instructions Provides information you must know in order to make an offer properly. X 6. Specifications Contains the detailed description of the product/service sought by the County. X 7. Pricing/Delivery Information Used to solicit exact pricing of goods/services and delivery costs. 8. Attachments a. Bid Guaranty & Performance Bond Information & Requirements Applies only to certain bids/proposals. Read carefully and fill out completely. b. Bid Check Return Authorization Form Applies only to certain forms. Read carefully and fill out completely. c. Vehicle Delivery Instructions Included only when purchasing vehicles. X d. Minimum Insurance Requirements Included when applicable (does not supersede “Hold Harmless” section of General Requirements). e. Workers’ Compensation Insurance Coverage Rule 110.110 Applicable for a building or construction contract. f. Financial Statement When this information is required, you must use this form. X g. Reference Sheet X h. Other – From 1295 and Form CIQ From time to time other attachments may be included. IFB 2023-279 DEMOLITION OF BUILDING 3 INSTRUCTIONS TO BIDDERS 1. Bid Submission A. Bids must be submitted in complete original form by mail or messenger to the following address: Leon County Auditor’s Office PO Box 898 113 West Main Street, 2nd Floor Centerville, Texas 75833 B. Bids will be accepted at the above address until the time and date specified herein and will be publicly opened and read aloud the same day. C. All bids shall be tightly sealed in an envelope and plainly marked with the Invitation for Bid number, due date, and the bidder’s name and address. D. Late bids will not be accepted and will be returned unopened to the bidder. E. All bids submitted in response to this invitation shall become the property of Leon County and will be a matter of public record available for review. 2. Preparation of Bids A. The bid shall be legibly printed in ink or typed. B. If a unit price or extension already entered is to be altered, it shall be crossed out and initialed in ink by the bidder. C. The bid shall be legally signed and shall include the complete address of the bidder. D. Leon County is exempt from Federal and State Sales Taxes, and such taxes shall not be included in bid prices. 3. Signatures All bids, notifications, claims, and statements must be signed by an individual authorized to bind the bidder. The individual signing certifies, under penalty of perjury, that he or she has the legal authorization to bind the bidder. 4. Rejection or Withdrawal Submission of additional terms, conditions or agreements with the bid document are grounds for deeming a bid non-responsive and may result in bid rejection. Leon County reserves the right to reject any and all bids and to waive any informalities and minor irregularities or defects in bids. Bids may be withdrawn in person by a bidder or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the time set for receipt of bids. Bids are an irrevocable offer and may not be withdrawn within 90 days after opening date. 5. Award The bid will be awarded to the responsible, responsive bidder(s) whose bid, conforming to the solicitation, will be most advantageous to Leon County – price and other factors considered. Unless otherwise specified in this IFB, Leon County reserves the right to accept a bid in whole or in part, and to award by item or by group, whichever is deemed to be in the best interest of Leon County. Any bidder who is in default to Leon County at the time of IFB 2023-279 DEMOLITION OF BUILDING 4 submittal of the bid shall have that bid rejected. Leon County reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial nonconformity in the offer, as determined by Leon County, shall be deemed non-responsive and the offer rejected. In evaluating bids, Leon County shall consider the qualifications of the bidders, and, where applicable, operating costs, delivery time, maintenance requirements, performance data, and guarantees of materials and equipment. In addition, Leon County may conduct such investigation as it deems necessary to assist in the evaluation of a bid and to establish the responsibility, qualifications, and financial ability of the bidders to fulfill the contract. Leon County reserves the right to award this contract on the basis of lowest and best bid in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, and/or to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not an awarded contract, Offeror may appear before the Commissioners’ Court and present evidence concerning Offeror responsibility after officially notifying the Auditor’s Office of Offeror’s intent to appear. 6. Contract A response to an IFB is an offer to contract with Leon County based upon the terms, conditions, and specifications contained in the IFB. Bids do not become contracts unless and until they are executed by Leon County, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the contract are contained in the IFB, unless any of the terms and conditions is modified by an IFB Amendment, a Con- tract Amendment, or by mutually agreed terms and conditions in the contract documents. 7. Bid Results Bid results are not provided in response to telephone inquiries. The final tabulation will be posted on the county website www.co.leon.tx.us after Commissioner’s Court decision. 8. Changes and Addenda to Bid Documents Each change or addendum issued in relation to this IFB document will be on file in the Auditor’s Office. In addition, to the extent possible, copies will be mailed to each person registered as having received a set of bid documents. It shall be the bidder’s responsibility to make inquiry as to change or addenda issued. All such changes or addenda shall become part of the contract and all bidders shall be bound by such addenda. Information on all changes or addenda issued will be available at the Auditor’s Office. 9. Specifications Unless otherwise stated by the bidder, the bid will be considered as being in accordance with Leon County’s applicable standard specifications, and any special specifications outlined in the bid document. References to a particular trade name, manufacturer’s catalogue, or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of Leon County and should not be construed as excluding bids on other types of materials, equipment, and supplies. However, the bidder, if awarded a contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid. Leon County reserves the right to determine if equipment/product being bid is an acceptable alternate. All goods shall be new unless otherwise so stated in the bid. Any unsolicited alternate bid, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements of the bid, may be considered non-responsive. IFB 2023-279 DEMOLITION OF BUILDING 5 10. Delivery Bids shall include all charges for delivery, packing, crating, containers, etc. Unless other- wise stated by the bidder, prices bid will be considered as being based on F.O.B. delivered, freight included. 11. Interpretation of Bid and/or Contract Documents All inquiries shall be made within a reasonable time prior to the date and time fixed for the bid opening, in order that a written response in the form of an addendum, if required, can be processed before the bids are opened. Inquiries received that are not made in a timely fashion may or may not be considered. 12. Currency Prices calculated by the bidder shall be stated in U.S. dollars. 13. Pricing Prices shall be stated in units of quantity specified in the bid documents. In case of dis- crepancy in computing the amount of the bid, the unit price shall govern. 14. Notice to Proceed/Purchase Order The successful bidder may not commence work under this contract until authorized to do so by the Leon County Auditor’s Office. 15. HB 1295 Vendor must complete Form 1295 online with the Texas Ethics Commission (“TEC”). The TEC website can be accessed at http://www.ethics.state.tx.us/file/. Business entities MUST complete Form 1295 online prior to contracting with Leon County. Upon completing the form, the TEC website will generate a PDF version of the business entity’s Form 1295, including creating a unique “Certificate Number” that is stamped in the upper right hand corner of the form. The business entity must then execute a hard copy of the form and submit it to Leon County with the submitted bid documents. Failure to submit Form 1295 with bid documents will result in disqualification. Example form can be found on Page 47. 16. Conflict of Interest Questionnaire Vendor must complete a Conflict of Interest (CIQ) Questionnaire. This form can be accessed at https://www.ethics.state.tx.us/forms/CIQ and must be returned with the submitted bid documents. Example of this form can be found on Page 48. 17. Certification By signing the offer section of the Offer and Acceptance page, bidder certifies: A. The submission of the offer did not involve collusion or other anti-competitive practices. B. The bidder has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. C. The bidder hereby certifies that the individual signing the bid is an authorized agent for the bidder and has the authority to bind the IFB 2023-279 DEMOLITION OF BUILDING 6 18. Definitions “County” – Leon County, Texas. “Contractor” – The bidder whose proposal is accepted by Leon County. IFB 2023-279 DEMOLITION OF BUILDING 7 GENERAL TERMS AND CONDITIONS OF BIDDING AND TERMS OF CONTRACT By execution of this document, the vendor accepts all general and special conditions of the contract as outlined below and in the specifications and plans. 1. BIDDING A. Bids All bids must be submitted on the bid form furnished in this package. B. Authorized Signatures The bid must be executed personally by the vendor, duly authorized partner of the partnership, or duly authorized officer of the corporation. If executed by an agent, a power of attorney or other evidence of authority to act on behalf of the vendor shall accompany the bid to become a valid bid. C. Late Bids Bids must be in the Auditor’s Office before or at the specified time and date bids are due. Bids received after the submission deadline shall be rejected as non-responsive. D. Withdrawal of Bids Prior to Bid Opening A bid may be withdrawn before the opening date by submitting a written request to the Auditor’s Office. If time allows the bidder may submit a new bid. Bidder assumes full responsibility for submitting a new bid before or at the specified time and date bids are due. Leon County reserves the right to withdraw a request for bids before the opening date. E. Withdrawal of Bids after Bid Opening Bidder agrees that its offer may not be withdrawn or cancelled by the vendor for a period of ninety (90) days following the date and time designated for the receipt of bids unless otherwise stated in the bid and/or specifications. F. Bid Amounts Bids shall show net prices, extensions where applicable and net total. In case of con- flict between unit price and extension, the unit price will govern. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be interpreted in the favor of Leon County. G. Exceptions and/or Substitutions All bids meeting the intent of the specifications and plans will be considered for award. Vendors taking exception to the specifications and plans, or offering substitutions, shall state these exceptions in the section provided. If bid is made on an article other than the one specified, which a bidder considers comparable, the name and grade of said article must be specified in the bid and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. The absence of stated exceptions and/or substitutions shall indicate that the vendor has not taken any exceptions to the specifications and shall be responsible to perform in strict accordance with the specifications. As a matter of practice, Leon County rejects exception(s) and /or substitutions as non-responsive but reserves the right to IFB 2023-279 DEMOLITION OF BUILDING 8 accept any and/or all of the exception(s) and/or substitution(s) deemed to be in the best interest of Leon County. H. Alternates The Invitation for Bid and/or specifications may expressly allow bidder to submit an alternate bid. Presence of such an offer shall not be considered an indication of non- responsiveness. I. Descriptions Unless otherwise specified, any reference to make, manufacturer and/or model used in the bid specifications is merely descriptive and not restrictive, and is used only to indicate type, style, or quality of material desired. J. Bid Alterations Bids cannot be altered or amended after submission deadline. Any interlineations, alterations, or erasures made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. K. Tax Exempt Status Leon County is exempt from federal excise tax and state sales tax. Unless the bid form or specifications specifically indicate otherwise, the bid price must be net, exclusive of above-mentioned taxes and will be so construed. Therefore, the bid price shall not include taxes. L. Quantities Quantities indicated are estimated quantities only and are not a commitment to buy. Approximate usage does not constitute an order, but only implies the probable quantity that will be used. Commodities will be ordered on an as-needed basis. Bidder is responsible for accurate final counts. M. Bid Award Award of contract shall be made to the most responsible, responsive bidder, whose offer is determined to be the best value, taking into consideration the relative impor- tance of price. Leon County reserves the right to be the sole judge as to whether items bid will serve the purpose intended. Leon County reserves the right to accept or reject in part or in whole any bid submitted, and to waive any technicalities or informalities for the best interest of the County. Leon County reserves the right to award based upon individual line items, sections, or total bid. N. Silence of Specifications for Complete Units All materials, equipment and/or parts that will become a portion of the completed work, including items not specifically stated herein but, necessary to render the service(s) complete and operational per the specifications, are to be included in the bid price. Vendor may be required to furnish evidence that the service, as bid, will meet or exceed these requirements. O. Addenda Any interpretations, corrections or changes to the specifications and plans will be made by addenda no later than forty-eight (48) hours prior to the bid opening. Addenda will be distributed to all known recipients of bid documents. Vendors shall acknowledge receipt of all addenda with submission of bid. IFB 2023-279 DEMOLITION OF BUILDING 9 P. General Bid Bond/Surety Requirements Failure to furnish bid bond/surety, if requested, will result in bid being declared non- responsive. Non-responsive bids will not be considered for award. Q. General Insurance Requirements Failure to furnish Affidavit of Insurance, if required in these specifications, will result in bid being declared non-responsive. Non-responsive bids will not be considered for award. R. Responsiveness A responsive bid shall substantially conform to the requirements of this Invitation to Bid and/or specifications contained herein. Bidders who substitute any other terms, conditions, specifications and/or requirements or who qualify their bids in such a manner as to nullify or limit their liability to the contracting entity shall have their bids deemed non-responsive. Also, bids containing any clause that would limit contracting authority shall be considered non-responsive. Examples of non-responsive bids include but shall not be limited to a) bids that fail to conform to required delivery schedules as set forth in the bid request; b) bids with prices qualified in such a manner that the bid price cannot be determined, such as with vague wording that may include “price in effect at the time of delivery,” and c) bids made contingent upon award of other bids currently under consideration. S. Responsible Standing of Bidder To be considered for award, bidder must at least: have the ability to obtain adequate financial resources, be able to comply with required or proposed delivery/completion schedule, have a satisfactory record of performance; have a satisfactory record of integrity and ethics, and be otherwise qualified and eligible to receive award. T. Proprietary Data Bidder may, by written request, indicate as confidential any portion(s) of a bid that contain proprietary information, including manufacturing and/or design processes exclusive to the vendor. Leon County will protect from public disclosure such portions of a bid, unless directed otherwise by legal authority, including existing Open Records Acts. U. Public Bid Opening Bidders are invited to be present at the opening of bids. After the official opening of bids, a period of not less than one week is necessary to evaluate bids. The amount of time necessary for bid evaluation may vary and is determined solely by the County. Following the bid evaluation, all bids submitted are available for public review. 2. PERFORMANCE A. Design, Strength, and Quality Design, strength, and quality of materials and workmanship must conform to the high- est standards of manufacturing and engineering practices. The apparent silence of specifications and/or plans as to any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications and/or plans shall be made on the basis of this statement. IFB 2023-279 DEMOLITION OF BUILDING 10 B. Age and Manufacture All tangible goods being bid must be new and unused, unless otherwise specified, in first-class condition, of current manufacture, and furnished ready to use. All items not specifically mentioned that are required for a complete unit shall be furnished. C. Delivery Location All deliveries will be made to the address(es) specified on the purchase order during working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized by the Leon County Auditor’s Office or designee. D. Delivery Schedule Delivery time may be an important consideration in the evaluation of best value. The maximum number of days necessary for delivery ARO shall be stated in the space, if provided, on the bid form. E. Delivery Charges All delivery and freight charges, F.O.B. destination shown on Leon County purchase order, as necessary to perform contract are to be included in the bid price. F. Installation Charges All charges for assembly, installation and set-up shall be included in the bid price. Unless otherwise stated, assembly, installation and set-up will be required. G. Operating Instructions and Training Clear and concise operating instructions and descriptive literature will be provided in English, if requested. On-site detailed training in the safe and efficient use and general maintenance of item(s) purchased shall be provided as needed at the request of Leon County. Instructions and training shall be at no additional cost to the County. H. Storage Bidder agrees to provide storage of custom ordered materials, if requested, for up to thirty (30) calendar days. I. Compliance with Federal, State, County, and Local Laws Bids must comply with all federal, state, county, and local laws, including, but not limited to, all applicable standard safety, emission, and noise control requirements. Any vehicles or equipment shall contain all standard safety, emission, and noise control requirements required for the types and sizes of equipment at the time of their manufacture. The Contractor agrees, during the performance of work or service, to comply with all applicable codes and ordinances of Leon County or the State of Texas as they may apply, as these laws may now read, or as they may hereafter be changed or amended. J. OSHA The bidder will certify all equipment complies with all regulations and conditions stipulated under the Williams-Steiger Occupational Safety and Health Act of 1971, as amended. The successful bidder will further certify that all items furnished under this project will conform and comply with federal and State of Texas OSHA standards. The successful bidder will agree to indemnify and hold harmless Leon County for any and all damages that may be assessed against the County. IFB 2023-279 DEMOLITION OF BUILDING 11 K. Patents and Copyrights The successful vendor agrees to protect the County from claims involving infringe- ments of patents and/or copyrights. L. Samples, Demonstrations and Testing At Leon County’s request and direction, bidder shall provide product samples and/or testing of items bid to ensure compliance with specifications. Samples, dem- onstrations and/or testing may be requested at any point prior to or following bid award. Samples, demonstrations and/or testing may be requested upon delivery and/or any point during the term of resulting contract. All samples (including return thereof), demonstrations, and/or testing shall be at the expense of the bidder/vendor. M. Acceptability All articles enumerated in the bid shall be subject to inspection by an officer designated for that purpose by Leon County. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the Leon County Auditor’s Office, who shall have the right to reject the whole or any part of the same. Items and/or work determined to be contrary to specifications must be replaced at the vendor’s expense. Inferior items not retrieved by the vendor within thirty (30) calendar days or an otherwise agreed upon time, shall become the property of the County. If disposal of such items warrants an expense, an amount equal to the disposal expense will be deducted from amounts payable to the vendor. 3. PURCHASE ORDERS AND PAYMENT A. Purchase Orders A purchase order(s) shall be generated by the Leon County Auditor’s Office to the successful vendor. The purchase order number must appear on all itemized invoices and packing slips. The County will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received. B. Invoices All invoices shall reference the Purchase Order number. Invoices shall reference the bid item number or a detailed description for each item invoiced. If an item purchased and itemized on the invoice does not correspond to an item in any of the categories awarded to the vendor, invoice shall reference the item as “N/C” to indicate that it is a non-contract item. This requirement is to assist the County in verifying contract pricing on all invoices. Payment will be made under terms of net thirty (30) days. All invoices shall be mailed to the Leon County Auditor’s Office, PO Box 898, Centerville, Texas 75833. C. Funding Leon County is operated and funded on an October 1 to September 30 basis; accordingly, the County reserves the right to terminate, without liability to the County, any contract for which funding is not available. IFB 2023-279 DEMOLITION OF BUILDING 12 D. Audit Provision Seller shall establish a reasonable accounting system, which enables ready identification of seller’s cost of goods and use of funds. Buyer may audit seller’s records any time before three years after final payment to verify buyer’s payment obligation and use of buyer’s funds. This right to audit shall include subcontractors in which goods or services are subcontracted by seller. Seller shall insure buyer has these rights with subcontractor(s). 4. CONTRACT A. Contract Definition The General Conditions of Bidding and Terms of Contract, Specifications, Plans, Bid- ding Forms, Addenda, and any other documents made a part of this bid shall constitute the complete bid. This bid, when duly accepted by Leon County, shall constitute a contract equally binding between the successful bidder and Leon County. B. Contract Agreement Once a contract is awarded, the unit prices offered by the successful bidder shall remain firm for the term of the contract. Contract shall commence on date of award. C. Change Order No different or additional terms will become part of this contract with the exception of a change order. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and at the discretion and approval of Leon County. No change order will be binding unless signed by an authorized representative of the County and the vendor. D. Escalation Clause The contract price is payable in the currency stated in “Instruction to Bidders, Section 13” and the contract price and any rates included in the contract shall be fixed and shall not be subject to any increase as a result of any fluctuation, escalation and/or increase in the Contractor’s costs or otherwise and/or any change in currency exchange rates. E. Price Redetermination A price redetermination may be considered by Leon County only at the twelve (12) month anniversary dates of the contract, if applicable. All requests for a price redetermination shall be in written form. Cause for such request, i.e., manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/ State minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc., shall be substantiated in writing by the source of the cost increase. The bidder’s past experience of honoring contracts at the bid price will be an important consideration in the evaluation of the lowest and best bid. Leon County reserves the right to accept or reject any/all requests for price redetermination as it deems to be in the best interest of the County. F. Termination for Default Leon County reserves the right to enforce the performance of this contract 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 this contract. Leon County reserves the right to terminate IFB 2023-279 DEMOLITION OF BUILDING 13 the contract immediately in the event the vendor fails to perform to the terms of specifications or fails to comply with the terms of this contract. Breach of contract or default authorizes the County to award to another vendor, purchase elsewhere, and charge the full increase in cost and handling to the defaulting party. G. Invalid, Illegal, or Unenforceable Provisions In case any one or more of the provisions contained in the Contract shall for any rea- son be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this con- tract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein. H. Injuries or Damages Resulting from Negligence Successful vendor shall defend, indemnify and save harmless Leon County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful vendor, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful vendor shall pay any judgment with cost which may be obtained against Leon County growing out of such injury or damages. I. Interest by Public Officials No public official shall have interest in this contract, in accordance with Texas local government code. J. Warranty The successful vendor shall warrant that all materials utilized in the performance of this contract shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title. K. Uniform Commercial Code The successful vendor and Leon County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. L. Venue This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in the County of Leon, Texas. M. Sale, Assignment, or Transfer of Contract The successful vendor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Leon County. N. Silence of Specifications The apparent silence of these specifications as to any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. IFB 2023-279 DEMOLITION OF BUILDING 14 SPECIAL REQUIREMENTS/INSTRUCTIONS The following requirements and instructions supersede General Requirements where applicable. 1. Bid Requirement Each bidder should submit as a bid this entire IFB, completed where necessary, for example, the IFB cover sheet, the Price Sheets, etc. Use an opaque envelope, clearly indicating on the outside the Job Number, Job Description, and marked “SEALED BID”. Leon County shall not be responsible for any effort or cost expended in the preparation of a response to this IFB. All protests should be coordinated through the Auditor’s Office prior to award recommendation to Commissioners’ Court. 2. Delivery Time If delivery is required, all items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind, or repaired, by the contractor, at the discretion of, and at no additional charge to, Leon County. 3. Payment Leon County will pay original invoices that clearly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor charges showing time differential, if applicable and if previously agreed to, and delivery, installation, and set-up costs, if applicable and if previously agreed to. Only charges as stated on the Bid Form(s) submitted as a part of the bid will be considered. Invoices must indicate Leon County as applicable, the address to which the product(s) and/or service(s) were delivered, and the applicable purchase order number. Invoices will be matched to delivery tickets prior to payment; therefore, all delivery tickets should have an accurate description of the product(s) and/or service(s). 4. Minimum Insurance Requirements A. The Contractor shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the Contractor. These requirements do not establish limits of the Contractor’s liability. B. All policies of insurance shall waive all rights of subrogation against the County, its officers, employees, and agents. C. Successful bidder shall be required, at his or her own expense, to furnish the Leon County Auditor’s Office within ten (10) days of notification of award with certified copies of all insurance policies or certificates of insurance for General Liability, Workers Compensation, and Vehicle insurance coverage to be in force throughout the term of the contract. Leon County shall be named as an additional “INSURED”. All insurance shall be in accordance with the governing federal, state, or local laws. D. The County reserves the right to require additional insurance should it deem necessary. E. Workers’ Compensation (with Waiver of subrogation to Leon County) Employer’s Liability, including all states, and other endorsements, if applicable to the Project. IFB 2023-279 DEMOLITION OF BUILDING 15 Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000 each employee. Leon County shall be named as “additional insured” on workers’ compensation policy. F. Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, cratering and underground damage. $500,000 each occurrence Limit Bodily Injury and Property Damage Combined $500,000 Products-Completed Operations Aggregate Limit $500,000 Per Job Aggregate $500,000 Personal and Advertising Injury Limit. Leon County shall be named as “additional insured” on commercial general liability policy. G. Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily Injury and Property Damage Combined. Leon County shall be named as “additional insured” on automobile policy. 5. Exceptions/Substitutions All bids meeting the intent of this bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the bid. Leon County Commissioners Court reserves the right to accept any/or all/none of the exception(s)/substitution(s) deemed to be in the best interest of the County. IFB 2023-279 DEMOLITION OF BUILDING 16 Federally Funded Contracts Procurement Standards and Associated Matters The County of Leon follows the procurement standards in 2 CFR 200.317 – 2CFR 200.327 and Appendix II to Part 200 for procurement actions to be funded with Federal funds. All attempts are made to adhere to these policies and procedures and updates are made as needed. The entirety of the language found in 2 CFR 200.317 – 2 CFR 200.327 may not be applicable in all instances, programs, and/or situations. This document contains the most current 2 CFR 200.317 – 2 CFR 200.327 language available at the adoption of these policies and procedures. 9.1 General Procurement Standards Depending on the specific funding source of the procurement request, solicitation efforts by Leon County utilizing Federal funding are subject to additional procurement standards. 2 CFR PART 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, and 24 CFR 85.36 - PROCUREMENT (U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) affect or may affect procurement requirements and mandate various contract terms. The foregoing listing is not exhaustive. Special Note: As well relevant procurement standards on previous disaster recovery assistance projects may be found at 44 C.F.R. 13.36 (a)-(i) (States, local, and tribal governments), or other sources. Procedures for Federally funded solicitations must include all required Federal clauses and language. 9.2 Sections 2 C.F.R. §§ 200.317- 200.326. These sections impose requirements for federally funded contracts across a broad range of granting agencies. The County, a non-Federal entity and generally a subrecipient in these grant programs, is subject to these requirements. Sections 200.318 through 200.326, as such regulations exist on the date of the Auditor’s Office adoption of these policies, follow: §200.317 Procurements by states. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds. The State will comply with §§200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by §200.327. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in §§200.318 through 200.327. §200.318 General procurement standards. (a) The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward. The non-Federal entity's documented procurement procedures must conform to the procurement standards identified in §§200.317 through 200.327. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. IFB 2023-279 DEMOLITION OF BUILDING 17 (c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non- Federal entity. (2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter- entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. (f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.214. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j)(1) The non-Federal entity may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price IFB 2023-279 DEMOLITION OF BUILDING 18 that the contractor exceeds at its own risk. Time-and-materials type contract means a contract whose cost to a non-Federal entity is the sum of: (i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [85 FR 49543, Aug. 13, 2020, as amended at 86 FR 10440, Feb. 22, 2021] §200.319 Competition. (a) All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. (b) In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (c) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. IFB 2023-279 DEMOLITION OF BUILDING 19 (d) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (e) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. (f) Noncompetitive procurements can only be awarded in accordance with §200.320(c). §200.320 Methods of procurement to be followed. The non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: (1) Micro-purchases (i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (iii) Micro-purchase thresholds. The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the non- Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non-Federal entities may establish a threshold IFB 2023-279 DEMOLITION OF BUILDING 20 higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) (https://www.ecfr.gov/current/title-48/chapter- 1/subchapter-A/part-2/subpart-2.1) in accordance with paragraphs (a)(1)(iv) and (v) of this section. (iv) Non-Federal entity increases to the micro-purchase threshold up to $50,000. Non-Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (a) A qualification as a low-risk auditee, in accordance with the criteria in §200.520 for the most recent audit; (b) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (c) For public institutions, a higher threshold consistent with State law. (v) Non-Federal entity increases to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-federal entity must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. (2) Small purchases (i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (ii) Simplified acquisition thresholds. The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1) Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation https://www.ecfr.gov/current/title-48/chapter-1/subchapter-A/part-2/subpart-2.1 https://www.ecfr.gov/current/title-48/chapter-1/subchapter-A/part-2/subpart-2.1 IFB 2023-279 DEMOLITION OF BUILDING 21 for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction if the conditions meet the following criterion: (i) In order for sealed bidding to be feasible, the following conditions should be present: (a) A complete, adequate, and realistic specification or purchase description is available; (b) Two or more responsible bidders are willing and able to compete effectively for the business; and (c) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (a) Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (b) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (c) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must 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; and (e) Any or all bids may be rejected if there is a sound documented reason. (2) Proposals. A procurement method in which either a fixed price or cost- reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered; and (iv) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (d) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section); IFB 2023-279 DEMOLITION OF BUILDING 22 (2) The item is available only from a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non- Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate. §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) 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 small and minority businesses, and women's business enterprises; (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; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section.3 §200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. §200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the IFB 2023-279 DEMOLITION OF BUILDING 23 Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. §200.324 Contract cost and price. (a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred, or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.325 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; IFB 2023-279 DEMOLITION OF BUILDING 24 (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement system. Such self- certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. §200.327 Contract provisions. The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to this part. 9.3 2 C.F.R. Part 200, Appendix II Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards IFB 2023-279 DEMOLITION OF BUILDING 25 In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (a) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (b) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (c) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (d) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (e) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under https://www.law.cornell.edu/uscode/text/41/1908 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/cfr/text/41 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/cfr/text/3 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/topn/bacon-davis_act https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3148 https://www.law.cornell.edu/topn/bacon-davis_act https://www.law.cornell.edu/topn/bacon-davis_act https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3144 https://www.law.cornell.edu/uscode/text/40/3146 https://www.law.cornell.edu/uscode/text/40/3148 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/uscode/text/40/3145 https://www.law.cornell.edu/cfr/text/29/part-3 https://www.law.cornell.edu/topn/contract_work_hours_and_safety_standards_act https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3701 https://www.law.cornell.edu/uscode/text/40/3708 https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3702 https://www.law.cornell.edu/uscode/text/40/3704 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/uscode/text/40/3702 https://www.law.cornell.edu/uscode/text/40/3704 IFB 2023-279 DEMOLITION OF BUILDING 26 working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (f) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (g) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (h) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (j) See § 200.323* (k) See § 200.216** (l) See § 200.322*** *§ 200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. https://www.law.cornell.edu/cfr/text/37/401.2 https://www.law.cornell.edu/cfr/text/37/part-401 https://www.law.cornell.edu/topn/air_pollution_control_act https://www.law.cornell.edu/uscode/text/42 https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/uscode/text/33 https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387 https://www.law.cornell.edu/topn/air_pollution_control_act https://www.law.cornell.edu/uscode/text/42 https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/uscode/text/33 https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387 https://www.law.cornell.edu/cfr/text/2/180.220 https://www.law.cornell.edu/cfr/text/2 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1989 https://www.govinfo.gov/link/cpd/executiveorder/12549 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/cfr/text/2/200.323 https://www.law.cornell.edu/cfr/text/2/200.216 https://www.law.cornell.edu/cfr/text/2/200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=de00dfd10f09071c905d0928428a197d&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.323 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d66cac5fd675bfc76ede4888b240176&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.323 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d66cac5fd675bfc76ede4888b240176&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.323 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=8cb0d5b7b8f071bdd6dd7b70c5f08e91&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.323 https://www.law.cornell.edu/topn/solid_waste_disposal_act https://www.law.cornell.edu/cfr/text/40/part-247 IFB 2023-279 DEMOLITION OF BUILDING 27 **§ 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. ***§ 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=43f1e6e5f743631c4c46a5423693f35c&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=43f1e6e5f743631c4c46a5423693f35c&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=278b8bc35d5ec1b2249d034652236033&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=646059bc8aa88050a7cb06464725dfbb&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=646059bc8aa88050a7cb06464725dfbb&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=42db8aa7497eb8b687aaf373293fcf8a&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=42db8aa7497eb8b687aaf373293fcf8a&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=278b8bc35d5ec1b2249d034652236033&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:C:200.216 https://www.law.cornell.edu/rio/citation/Pub._L._115-232 https://www.law.cornell.edu/cfr/text/2/200.471 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=de00dfd10f09071c905d0928428a197d&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=081a194046528468942c369470c2966a&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d66cac5fd675bfc76ede4888b240176&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:28:200.322