GENERAL TERMS AND CONDITIONS
RFQ #27022-A STARR’S MILL EDUCATIONAL FACILITY BUILDING MODIFICATIONS
1. Definitions:
a. Responder: A company or individual who submits a quote in response to this RFQ.
b. Successful Responder: The Responder that is awarded a contract.
c. Contractor: The Successful Responder, upon execution of the contract.
d. County: Fayette County, Georgia.
2. Quote is Offer to Contract: Each quote constitutes an offer to become legally bound to a
contract with the County, incorporating the Request for Quotes and the Responder’s quote.
The binding offer includes compliance with all terms, conditions, special conditions,
specifications, and requirements stated in the Request for Quotes, except to the extent that a
Responder takes written exception to such provisions, and the County agrees to the
exceptions. All such terms, conditions, special conditions, specifications, and requirements will
form the basis of the contract. The Responder should take care to answer all questions and
provide all requested information, and to note any exceptions in the quote submission. Failure
to observe any of the instructions or conditions in this Request for Quotes may result in
rejection of the quote.
3. Binding Offer: To allow sufficient time for a contract to be awarded, each quote shall constitute
a firm offer that is binding for ninety (90) days from the received by date to the date of award.
4. References: Include with your quote a list of three (3) jobs that your company has done that
are of the same or similar nature to the work described in this Request for Quotes, on the
form provided. Include all information as requested on the form.
5. Preparation Costs: The Responder shall bear all costs associated with preparing the quote.
6. More Than One Quote: Do not submit alternate quotes or options, unless requested or
authorized by the County in the Request for Quotes. If a Responder submits more than one
quote without being requested or authorized to do so, the County may disqualify the quotes
from that Responder, at the County’s option.
7. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in any
quote received. In case of a discrepancy between unit prices and extended prices, the unit
price will govern unless the facts or other considerations indicate another basis for correction of
the discrepancy.
8. Brand Name: If items in this Request for Quotes have been identified, described or referenced
by a brand name or trade name description, such identification is intended to be descriptive, but
not restrictive and is to indicate the quality and characteristics of products that may be offered.
Alternative products may be considered for award if clearly identified in the quote. Items
offered must meet required specifications and must be of a quality which will adequately serve
the use and purpose for which intended.
9. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise
specified in the quote. All prices for commodities, supplies, equipment, or other products shall
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be quoted FOB Destination, Fayette County or job site.
10. Responder Substitutions: Responders offering substitutions or deviations from specifications
stated in the Request for Quotes, shall list such substitutions or deviations on the “Exceptions
to Specifications” sheet provided, or on a separate sheet to be submitted with the quote. The
absence of such list shall indicate that the Responder has taken no exception to the
specifications. The evaluation of quotes and the determination as to equality and acceptability
of products or services offered shall be the responsibility of the County.
11. Non-Collusion: By responding to this Request for Quotes, the Responder represents that the
quote is not made in connection with any competing Responder, supplier, or service provider
submitting a separate response to this Request for Quotes, and is in all respects fair and
without collusion or fraud.
12. Ethics – Disclosure of Relationships: Before a proposed contract in excess of $10,000.00 is
recommended for award to the Board of Commissioners or the County Administrator, or
before the County renews, extends, or otherwise modifies a contract after it has been
awarded, the Contractor must disclose certain relationships with any County Commissioner or
County Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter
related by blood, adoption, or marriage (including in-laws). A relationship that must be
reported exists if any of these individuals is a director, officer, partner, or employee, or has a
substantial financial interest the business, as described in Fayette County Ordinance Chapter 2,
Article IV, Division 3 (Code of Ethics).
If such relationship exists between your company and any individual mentioned above,
relevant information must be presented in the form of a written letter to the Director of
Purchasing. You must include the letter with any bid, proposal, or price quote you submit to
the Purchasing Department.
In the event that a Contractor fails to comply with this requirement, the County will take action
as appropriate to the situation, which may include actions up to and including rejection of the
bid or offer, cancellation of the contract in question, or debarment or suspension from award
of a County contract for a period of up to three years.
13. Evaluation: Award will be made to the lowest responsive, responsible Responder, taking into
consideration payment terms, vendor qualifications and experience, quality, references, any
exceptions listed, and/or other factors deemed relevant in making the award. The County may
make such investigation as it deems necessary to determine the ability of the Responder to
perform, and the Contractor shall furnish to the County all information and data for this purpose
as the County may request. The County reserves the right to reject any item, any quote, or all
quotes, and to re-solicit for pricing.
14. Payment Terms and Discounts: The County’s standard payment terms are Net 30. Any
deviation from standard payment terms must be specified in the resulting contract, and both
parties must agree on such deviation. Cash discounts offered will be a consideration in
awarding the quote, but only if they give the County at least 15 days from receipt of invoice to
pay. For taking discounts, time will be computed from the date of invoice acceptance by the
County, or the date a correct invoice is received, whichever is the later date. Payment is
deemed made, for the purpose of earning the discount, on the date of the check.
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15. Trade Secrets – Confidentiality: If any person or entity submits a bid, proposal, or quote that
contains trade secrets, an affidavit shall be included with the bid, proposal, or quote. The
affidavit shall declare the specific included information which constitutes trade secrets. Any
trade secrets must be either (1) placed in a separate envelope, clearly identified and marked as
such, or (2) at a minimum, marked in the affidavit or an attached document explaining exactly
where such information is, and otherwise marked, highlighted, or made plainly visible. See
O.C.G.A. § 50-18-72 (A)(34).
16. Trade Secrets – Internal Use: In submitting a quote, the Responder agrees that the County may
reveal any trade secret materials contained in the quote to all County staff and officials involved
in the selection process, and to any outside consultant or other third parties who may assist in
the selection process. The Responder agrees to hold harmless the County and each of its
officers, employees, and agents from all costs, damages, and expenses incurred in connection
with refusing to disclose any material which the Responder has designated as a trade secret.
17. Contract Execution & Notice to Proceed: After an award is made, and all required documents
are received by the County, and the contract is fully executed with signature of both parties,
the County will issue a written Notice to Proceed. The County shall not be liable for payment of
any work done or any costs incurred by any Responder prior to the County issuing the Notice to
Proceed.
18. Unavailability of Funds: This contract will terminate immediately and absolutely at such time
as appropriated and otherwise unobligated funds are no longer available to satisfy the
obligations of the County under the contract.
19. Insurance: The Successful Responder shall procure and maintain the following insurance,
to be in effect throughout the term of the contract, in at least the amounts and limits as
follows:
a. General Liability Insurance: $1,000,000 combined single limit per occurrence,
including bodily and personal injury, destruction of property, and contractual
liability.
b. Automobile Liability Insurance: $1,000,000 combined single limit each
occurrence, including bodily injury and property damage liability.
c. Worker’s Compensation & Employer’s Liability Insurance: Workers
Compensation as required by Georgia statute.
Before a contract is executed, the Certificates of Insurance for all required coverage shall
be submitted to the County. The certificate shall list an additional insured as follows:
Fayette County, Georgia
140 Stonewall Avenue West
Fayetteville, GA 30214
20. Building Permits: Work performed for the County requiring building permits by licensed
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Contractors will not have permit fees assessed, although any re-inspection fees for disapproved
inspections will be the responsibility of the Contractor prior to final inspections and the
Certificate of Occupancy or Certificate of Completion being issued.
21. Unauthorized Performance: The County will not compensate the Contractor for work
performed unless the work is authorized under the contract, as initially executed or as amended.
22. Assignment of Contract: Assignment of any contract resulting from this Request for Quotes will
not be authorized, except with express written authorization from the County.
23. Indemnification: The Contractor shall indemnify and save the County and all its officers, agents
and employees harmless from all suits, actions, or other claims of any character, name and
description brought for or on account of any damages, losses, or expenses to the extent caused
by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or other persons employed or utilized by the Contractor in the performance of the
contract. The Contractor shall pay any judgment with cost which may be obtained against the
County growing out of such damages, losses, or expenses.
24. Bid Bond: You must include a bid bond with your quote, equal to five percent (5%) of the total
amount quoted. Bid bonds shall be provided by a surety which appears on the U.S. Treasury’s
list of approved bond sureties (Circular 570).
25. Performance and Payment Bonds: Prior to execution of a contract, the Successful
Responder shall submit performance and payment bonds each equal to 100 percent of
the contract value, provided by a surety which appears on the U.S. Treasury’s list of
approved bond sureties (Circular 570).
26. Severability: The invalidity of one or more of the phrases, sentences, clauses or sections
contained in the contract shall not affect the validity of the remaining portion of the contract If
any provision of the contract is held to be unenforceable, then both parties shall be relieved of
all obligations arising under such provision to the extent that the provision is unenforceable.
In such case, the contract shall be deemed amended to the extent necessary to make it
enforceable while preserving its intent.
27. Delivery Failures: If the Contractor fails to deliver contracted goods or services within the time
specified in the contract, or fails to replace rejected items in a timely manner, the County shall
have authority to make open-market purchases of comparable goods or services. The County
shall have the right to invoice the Contractor for any excess expenses incurred, or deduct such
amount from monies owed the Contractor. Such purchases shall be deducted from contracted
quantities.
28. Substitution of Contracted Items: The Contractor shall be obligated to deliver products
awarded in this contract in accordance with terms and conditions specified herein. If a
Contractor is unable to deliver the products under the contract, it shall be the Contractor’s
responsibility to obtain prior approval of the ordering agency to deliver an acceptable substitute
at the same price quoted in the Contractor’s original bid. In the event any Contractor
consistently needs to substitute or refuses to substitute products, the County reserves the right
to terminate the contract or invoke the “Delivery Failures” clause stated herein.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.