GENERAL TERMS AND CONDITIONS
RFQ 26114-A: 78% Sulfuric Acid NSF, Copper Sulfate, and Sodium Silica Fluoride
1. Definitions: The term “contractor” as used in these Terms and Conditions shall be used
synonymously with the term “successful responder.” The term “County” shall mean
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 quote and the responder’s
quote. The binding offer includes compliance with all terms, conditions, special
conditions, specifications, and requirements stated in the request for quote, except to
the extent that a responder takes written exception to such provisions. 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 quote 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
until the date of contract award, unless the responder takes exception to this provision
in writing.
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
quote, 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 quote. 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 an error in extension of prices or totals in
the quote, the unit prices shall govern.
8. 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 be quoted FOB Destination, Fayette County or job site.
9. Quantities are Estimates: Quantities listed herein are estimates for the period
specified. This will be an indefinite-quantity type contract, with County requirements
fulfilled on an “as ordered” basis. No guarantee to purchase the amounts shown is
intended or implied. The County reserves the right to order larger or smaller quantities
at the prices stated in the quote.
10. Responder Substitutions: Responders offering substitutions or deviations from
specifications stated in the request for quote, 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 quote, 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 quote 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.
15. 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.
16. 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.
17. Term of Contract: The term of this agreement shall begin July 1, 2026 and continue for
a period of one year through June 30, 2027. Thereafter, this agreement may be
renewed by the County for two additional one-year renewal terms (each a “Renewal
Term” and together with the Initial Term, the “Term”), which renewal will be by letter
or other written correspondence from the County to the contractor ninety (90) days
prior to expiration of the Initial Term or the then-current Renewal Term. If the County
fails to provide notice of renewal, this Agreement will terminate at the end of the Initial
Term or the then-current Renewal Term. This agreement is subject to the multi-year
contractual provisions of O.C.G.A. 36-60-13(a).
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 contractor 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. The certificate shall list an additional insured as follows:
Fayette County, Georgia
140 Stonewall Avenue West
Fayetteville, GA 30214
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.