Barricade Trailers

The successful bidder shall provide Barricade Trailers to the City of Orange Beach to be used to store and transport barricades in accordance with the following bid specifications or equivalent.

Project Details

• Reference ID: 2026-0515
• Department: Procurement
• Department Head: - (-)

Important Dates

• Questions Due: 2026-05-04T17:00:00.000Z

Evaluation Criteria

• INTRODUCTION —

  All bidders will be bound to the general conditions and requirements set forth in these general instructions and such instructions shall form an integral part of each purchase contract awarded by the Orange Beach City Council. Applicability of general conditions as stated below shall be determined by the City of Orange Beach. All bids must be submitted on and in accordance with the instructions provided by the City of Orange Beach.

• FEDERAL GRANT FUNDING —

  This procurement may be funded in whole or part with federal grant funds.

• Project Location —

  7394 Roscoe Road., Orange Beach, AL 36561

• LOCAL VENDOR PREFERENCE —

  No local vendor preference will be considered or granted in evaluating bids which are funded in whole or part by federal grant awards.

• BID DOCUMENTS —

  A complete set of Bid Documents is included herein. The date, time, and place of a bid opening will be given in the Invitation to Bidders. Copies of the complete set of Bid Documents may be downloaded from the City eProcurement Portal https://procurement.opengov.com/portal/orangebeachal and/or obtained at the following location:

  Orange Beach City Hall

  4099 Orange Beach Boulevard

  Orange Beach, AL 36561

• NON-DEBARMENT CERTIFICATION —

  Bidder certifies that the bidder and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the Federal government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch. I Subpart 9.4.

• City Staff Contact —

  The City’s staff contact for this project shall be:

  Nicole Woerner, nwoerner@orangebeachal.gov, (251) 981-1180, nwoerner

• EXAMINATION OF DOCUMENTS —
  1. Carefully examine the Bid Documents, Specifications, Drawings and the Work Site.
  2. Bids shall include all costs required to provide the requested materials and to execute the work under the existing conditions.
  3. No charge will be allowed for federal, state, or municipal sales and excise taxes since the City is exempt from such taxes.
  4. Extra payments will not be made for conditions which can be determined by examining the documents and the site.
• REMEDY FOR NON-PERFORMANCE / TERMINATION OF CONTRACT —

  1. Immediate Termination

  This bid award is subject to the appropriation and availability of City funding. The bid award will terminate immediately and absolutely if the City determines that adequate funds are not appropriated or granted, or funds are de-appropriated such that the City cannot fulfill its obligations under the bid, which determination is at the City's sole discretion and shall be conclusive. Further, the City may terminate the bid award for any one or more of the following reasons effective immediately without advance notice:

  1. 1. In the event the bidder or bid awardee ("Contractor") is required to be certified or licensed as a condition precedent to providing goods and services , the revocation or loss of such license or certification may result in immediate termination of the bid award effective as of the date on which the license or certification is no longer in effect;

     2. The City determines that the actions, or failure to act, of the Contractor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized; and/or

     3. The City determines that the Contractor furnished any statement, representation, or certification in connection with the bidding or bid award process which is materially false, deceptive, incorrect, or incomplete.

  2. Termination for Cause

  The occurrence of any one or more of the following events shall constitute cause for the City to declare the Contractor in default of its obligation under the bid award:

  3. Notice of Default

  If there is a default event caused by the Contractor, the City shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the City’s written notice to the Contractor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the City may:

  1. Immediately terminate the bid award without additional written notice;

  2. Procure substitute goods or services from another source and charge the difference between the bid award price and the substitute price to the defaulting Contractor; and/or

  3. Enforce the terms and conditions of the bid award and seek any legal or equitable remedies.

  4. Termination upon Notice

  Following thirty (30) days' written notice, the City may terminate the bid award in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor. Following termination upon notice, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the bid to the City up to and including date of termination.

  5. Payment Limitation in Event of Termination

  In the event of termination of the bid award for any reason by the City, the City shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the bid award and for which the City is obligated to pay pursuant to the bid award. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim. This provision in no way limits the remedies available to the City in the event of termination.

  6. Owner May Terminate for Convenience

  Upon seven days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy of the City, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

  1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

  2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

  3. Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal; and

  4. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

  7. Termination Duties

  Upon receipt of notice of termination or upon request of the City, the Contractor shall:

  1. Cease work under the bid award and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the bid award, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the City may require;

  2. Immediately cease using and return to the City any personal property or materials, whether tangible or intangible, provided by the City to the Contractor;

  3. Comply with the City's instructions for the timely transfer of any active files and work product by the Contractor under the bid award;

  4. Cooperate in good faith with the City, its employees, agents, and contractors during the transition period between the notification of termination and the substitution of any replacement contractor; and

  5. Immediately return to the City any payments made by the City for goods and services that were not delivered or rendered by the Contractor.

• EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE REQUIREMENT —

  1. Contractor shall comply with all Federal, State and local laws concerning nondiscrimination.

  2. During the performance of this contract, the Contractor agrees as follows:

  1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following;

  • • Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;

    • Layoff or termination;

    • Rates of pay or other forms of compensation; and

    • Selection for training, including apprenticeship.

  The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

  2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

  3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

  4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

  5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

  6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

  7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

  8. The Contractor will include the provisions of paragraphs A through H in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

• INTERPRETATIONS AND ADDENDA —
  1. Should a bidder find discrepancies, ambiguities, or omissions in the Specifications, or should he/she be in doubt as to their meaning, he/she shall submit an inquiry through the e Procurement Portal at https://procurement.opengov.com/portal/orangebeachal.
  2. The Procurement Officer will issue Addenda to clarify discrepancies, ambiguities, or omissions in the Specifications.
  3. Addenda will be posted on the City’s website at:  https://procurement.opengov.com/portal/orangebeachal.
  4. Addenda shall become part of the bid and all bidders must acknowledge receipt of Addenda or their bid will be rejected. Bidders shall be bound by all Addenda.
  5. The City is not responsible for any oral instructions.
• ENERGY POLICY AND CONSERVATION ACT STATEMENT —

  Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

• CLEAN AIR ACT / FEDERAL WATER POLLUTION CONTROL ACT —

  Contractor will comply with all applicable standards, orders, or requirements issued under Section 306 of the 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 and the Federal Water Pollution Control Act.) Bidder certifies that none of the facilities it uses to produce goods provided under the contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Contractor will immediately notify the City of the receipt of any communication indicating that any of Contractor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

• Scope of Work —

  A. Barricade Trailers - Minimum Specifications:

  The City of Orange Beach is seeking to purchase six (6) barricade trailers similar to the ones already owned and shown in the attached pictures with a few modifications as noted below.

  All items furnished shall be new, unused, clean, and free from any defect or features affecting appearance, serviceability, or the safety of the user in normal intended use.

  Any deviation from specifications indicated herein must be clearly identified in writing; otherwise, it will be considered that the items offered are in strict compliance with these specifications, and successful bidder will be held responsible for such. Deviations must be explained in detail on separate attached sheet(s).

  Quantity:               2

  Features:              102” x 30’ Bumper Pull Barricade Trailer

                                2-5/8” ball hitch

                                ¼ ion angle iron tabs to hold barricades (see attached pictures)

                                Whole surface to be decked (unlike partial decking in pictures)

                                Dual axle

                                Stanchions on front and back to hold barricades in place (see attached pictures)

                                Trailer brake system

                                Tarp tie down points

  

  

  

  

  B. Delivery:

  Delivery terms shall be FOB destination, freight prepaid and allowed. A City representative will work with the successful bidder to have ordered items delivered within 60 days of receiving the Purchase Order. The City hopes to issue the purchase order on January 16, 2019. All items shall be delivered to:

  City of Orange Beach

  Public Works

  7394 Roscoe Road

  Orange Beach, AL 36561

  C. Warranty:

  A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from these criteria must be documented in the bid response or the above statement shall prevail.

  D. Estimated Quantities:

  Quantities are estimated. The City reserves the right to purchase more or less than shown.

  E. Replacement:

  Replacement of all materials found defective within the warranty period shall be made without cost to the City, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

  F. Acceptance:

  All items listed in the specifications, delivered to the City not meeting specifications or found to be poorly manufactured will not be accepted, but returned to the vendor at their expense for replacement. Replacement of all items found defective shall be made without cost to the City, including transportation if applicable. As it may be impossible for all items to be properly inspected upon arrival, a reasonable opportunity must be given to the user departments for inspection of the items and, if necessary, returning those that are defective.

  G. Pricing:

  Bid total shall be firm, net, delivered pricing.  The City of Orange Beach is tax exempt.

  H. Business License Requirements:

  If delivering into City limits, the successful bidder will be required to have an Orange Beach Business License. Contact the Orange Beach Finance Department at 251-981-6096 for a quote or any additional information. A business license for the vendor is not required if third party shipping is used.

• DAVIS-BACON ACT —

  Contractor will comply with the 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’’) and 29 CFR 5.5(a)(1)-(10) into all applicable contracts and subcontracts.

• PREPARATION OF BID —
  1. The bid must be submitted electronically. All information required by the Bid Documents must be given to constitute a complete bid.
  2. Prices and all information must be legible. Illegible or vague bids may be rejected.
  3. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.
  4. Under penalty of perjury, the Bidder certifies by signature on the Bid Form that:

     1. The bid has been submitted by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, equipment, or services for the type described in the Invitation to Bid; and

     2. The contents of the bid have not been communicated by the Bidder; nor to his/her best knowledge and belief by any of his/her employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the bid.
• COPELAND “ANTI-KICKBACK” ACT —

  The Contractor will comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair.)

• ANTI-LOBBYING CERTIFICATION —

  1. 2 CFR 200 - Appendix II, "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards" is hereby incorporated by reference into this certification.

  2. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief that:

  1. 1. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

     2. If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, 0MB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer;

     3. Contractor will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and disclose accordingly; and

     4. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person making expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

• BEASON-HAMMON CLAUSE —

  By signing this contract, grant, or other agreement, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom

• DELIVERY AND SUBMISSION OF BID —

  The City is accepting electronic submission of bids and proposals. Please submit electronic responses via the City eProcurement Portal: https://procurement.opengov.com/portal/orangebeachal. By way of the eProcurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

  The submission of a bid will be construed to mean that the Bidder is fully informed as to the extent and character of the supplies, materials, or equipment required, and as a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

• CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —

  The Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701– 3708), where applicable. (Contracts 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)).

• ENERGY POLICY AND CONSERVATION ACT —

  If applicable, the Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

• MODIFICATIONS AND WITHDRAWALS OF BIDS —
  1. No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be set forth in the space provided in bid or by attached sheets for this purpose.
  2. Bids may not be modified after submittal.
  3. Bidder may withdraw his/her bid  at any time prior to the scheduled bid opening time.
  4. No bidder may withdraw his/her bid for a period of thirty (30) days after the bid opening.
• RIGHT TO REJECT BID —

  Bids may be rejected if they contain any omissions, alterations of form, additions not called for, conditional bids, alternate bids unless requested by the City, incomplete bids, erasures, or irregularities of any kind. Bids in which the Unit or Lump Sum prices are obviously unbalanced may be rejected. The City reserves the right to reject any and all bids for any reason and to waive any informality or irregularity in the bids received.

• DEBARMENT AND SUSPENSION —

  All contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension).

• BYRD ANTI-LOBBYING AMENDMENT —

  Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) as follows:

  Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally 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 shall 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 recipient who in turn will forward the certification(s) to the federal awarding agency.

• BASIS OF AWARD —
  1. All purchases which are based on competitive Invitations to Bid are awarded to the lowest, responsive bidder subject to the City's right to reject any or all bids and to waive informality and irregularity in bids and bidding.  In addition to price, consideration will be given to the following items when determining the lowest, responsive bidder:
     1. The best interests of the City of Orange Beach;
     2. The quality and performance of the goods or services to be supplied;
     3. Conformity to specifications;
     4. Delivery time, and;
     5. Other unique requirements outlined in the bid request.
• CONTRACT —
  1. The Bid Form shall constitute a contract with the successful bidder and bind the successful bidder to furnish and deliver at the prices and in accordance with the conditions of the bid.
  2. The placing in the mail a notice of award or purchase order to a successful bidder, to the address given in the bid, will be considered sufficient notice of acceptance of bid.
  3. If the successful bidder fails to deliver within the time specified or within reasonable times as interpreted by the City of Orange Beach, or fails to make replacement of rejected articles when so requested immediately or as directed by the City, the City of Orange Beach may purchase from other sources to take the place of the item rejected or not delivered. The City of Orange Beach reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary.
  4. A contract may be canceled for non-performance.
  5. No items are to be shipped or delivered until receipt of an official purchase order from the City of Orange Beach.
  6. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract of bidders right, title or interest therein, or bidders power to execute such contract to any other person, company, or corporation without the previous written consent of the City of Orange Beach.
• PROCUREMENT OF RECOVERED MATERIALS —

  All contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension).

  In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

  1. Competitively within a timeframe providing for compliance with the contract performance schedule;

  2. Meeting contract performance requirements; or

  3. At a reasonable price.

  The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

• PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES —

  1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this claus

  2. Prohibitions.

  a. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

  b. Unless an exception in paragraph 3 of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

  1. 1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 

     2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 

     3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 

     4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service 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. 

  3. Exceptions.

  a. This clause does not prohibit contractors from providing—

  1. 1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

     2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

  b. By necessary implication and regulation, the prohibitions also do not apply to:

  1. Covered telecommunications equipment or services that:

  1. 1. 1. Are not used as a substantial or essential component of any system; and 

        2. Are not used as critical technology of any system. 

  2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

  4. Reporting requirement.

  1. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 4b of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 

  2. The Contractor shall report the following information pursuant to paragraph 4a of this clause: 

  1. 1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 

     2. Within 10 business days of submitting the information in paragraph 4b-2 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. 

  5. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 5, in all subcontracts and other contractual instruments.”

• GUARANTEES BY THE SUCCESSFUL BIDDER —
  1. The successful bidder guarantees:
     1. Product against defective material or workmanship and to repair or replace any damages or marring in transit;
     2. To furnish adequate protection from damage for all work and to repair damages of any kind for which the bidder or bidder's workers are responsible to the building, grounds, or equipment;
     3. To carry adequate insurance to protect the City of Orange Beach from loss of property and/or life in cases of accident, fire, or theft;
     4. That all deliveries will be equal to bid samples.
• PAYMENT —

  The Bidder may submit an Application for Payment for provided materials in accordance with the accepted Unit Prices. Payment shall be made to the Bidder within thirty (30) days of receipt and approval of Application for Payment.

• DOMESTIC PREFERENCE FOR PROCUREMENTS —

  As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. 

  For purposes of this clause: 

  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. 

  Manufactured products mean 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.

• REQUIREMENTS —

  All contractors are required to comply with all federal laws, regulations, and executive orders.

• COMPLIANCE WITH IMMIGRATION LAW —

  Section 31-13-9, Code of Alabama 1975, requires that contractors provide proof of enrollment with the E-Verify program administered by the U.S. Department of Homeland Security. Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum of Understanding (MOU) generated upon completion of the E-Verify program.

• BUSINESS LICENSE REQUIREMENTS —

  If delivering into City limits, the successful bidder will be required to have an Orange Beach Business License. Contact the Orange Beach Finance Department at 251-981-6096 for a quote or any additional information. A business license for the vendor is not required if third party shipping is used.

Submission Requirements

• FOR ELECTRONIC SUBMISSION OF BID FORM (required) —

  Please download the below documents, complete, and upload.

• BID FORM (required)
• E-VERIFY AFFIDAVIT & CERTIFICATION (required) —

  Please download the below documents, complete, and upload.

• W-9 (required)
• Additional Information
• Bid Form (required)
• What is the project location? (required) —

  Ex. The Orange Beach Event Center is located at 4671 Wharf Parkway, Orange Beach, AL 36561. 

• Are federal grants funding this project? (required)

Questions & Answers