ADDENDUM 1SPECIMEN VOTING MACHINE BALLOTS, OFFICIAL BALLOTS
AND ELECTION SUPPLIES FOR THE
MUNICIPAL PRIMARY AND MUNICIPAL ELECTION OF 2016
GROUP I – MUNICIPAL PRIMARY
NOTE: Printer will be given ballot copy for Specimen Ballots,
Official Absentee and Provisional
Ballots as soon as possible after County Election Bureau receives
certifications from State
Election Bureau--estimated to be Tuesday, March 7, 2016. However,
the County cannot
guarantee this delivery date.
All dimensions given are approximate maximums and are intended
only
to give the bidder data to estimate the size and quality of
stocks.
Quantity Description of Printed Material:
2,448 DEMOCRAT SPECIMEN VOTING MACHINE BALLOTS in booklet
form,
packaged and labeled for each election precinct as instructed by
the Election
Bureau. All Ballots to be printed in such a manner that the party
and municipal
designation is visible.
1,530 Democrat ballots to be delivered to the Voting Machine
Department, 110
Vannear Avenue, Greensburg, Pennsylvania, on or before April 11,
2016. They
will be packaged 5 per precinct.
918 Democrat ballots to be delivered to the Election Bureau, 2
North Main Street,
Suite 109, Greensburg, Pennsylvania, on or before April 11, 2016.
All Specimen
Voting Machine Ballots to be wrapped by precinct. They must be
packaged and
shipped in alphabetical order for all 306 Election Districts.
Size: Approximate overall 11" x 17"
Stock: 50 lb. Pink Offset Book Paper
Print: One Side, Black Ink
2,448 REPUBLICAN SPECIMEN VOTING MACHINE BALLOTS in booklet
form,
packaged and labeled for each election precinct as instructed by
the Election
Bureau. Printed in such manner that the party and municipal
designation is
visible. All Specimen Voting Machine Ballots to be wrapped by
precinct. They
must be packaged and shipped in alphabetical order for all 306
Election Districts.
1,530 Republican ballots to be delivered to the Voting Machine
Department, 110
Vannear Avenue, Greensburg, Pennsylvania, on or before April 11,
2016.
918 Republican ballots to be delivered to the Election Bureau, 2
North Main
Street, Suite 109, Greensburg, Pennsylvania, on or before April 11,
2016.
Size: Approximate overall 11" x 17"
Stock: 50 lb. Blue Offset Book Paper
Print: One Side, Black Ink
3,390 OFFICIAL DEMOCRAT ABSENTEE BALLOTS, with candidates'
names
printed thereon.
One Common Endorsement Side
Size: 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Print: Two Sides, Black Ink
918 OFFICIAL DEMOCRAT ABSENTEE BALLOTS, for testing, with
candidates'
names printed thereon.
One Common Endorsement Side
Size: 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Print: Two Sides, Black Ink
3,390 OFFICIAL REPUBLICAN ABSENTEE BALLOTS, with candidates'
names
printed thereon.
One Common Endorsement Side
Size: 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Prints: Two Sides, Black Ink
918 OFFICIAL REPUBLICAN ABSENTEE BALLOTS, for testing, with
candidates'
names printed thereon.
One Common Endorsement Side
Size: 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Print: Two Sides, Black Ink
Absentee Ballots are to be folded to fit #10 Commercial Envelope to
the
designated standards of the Election Bureau. The Election District
or ballot set-
up and political party must be printed on top of ballot for plain
view. Ballots
must be banded in groups specified by the Election Bureau and
delivered to the
Election Bureau, Suite 109, 2 North Main Street, Greensburg,
Pennsylvania, 10
days after copy is received by printer, but no later than April 8,
2016.
3,672 OFFICIAL DEMOCRAT PROVISIONAL BALLOTS, with candidates'
names
printed thereon.
One Common Endorsement Side
Stock: 50 lb. Green Offset Book Paper
Prints: Two Sides, Black Ink
3,672 OFFICIAL REPUBLICAN PROVISIONAL BALLOTS, with candidates'
names
printed thereon.
One Common Endorsement Side
Stock: 50 lb. Green Offset Book Paper
Prints: Two Sides, Black Ink
Provisional Ballots are to be packaged in groups specified by the
Election Bureau
for each party with the district and precinct names on each group.
Ballots to be
delivered to the successful bidder awarded the contract for Group
II printed
material on or before April 11, 2016.
11,870 OFFICIAL DEMOCRAT EMERGENCY PAPER BALLOTS, with
candidates’
names printed thereon.
One Common Endorsement Side
Stock: 50 lb. White Offset Book Paper
Prints: Two Sides, Black Ink
8,350 OFFICIAL REPUBLICAN EMERGENCY PAPER BALLOTS, with
candidates’
names printed thereon.
One Common Endorsement Side
Stock: 50 lb. White Offset Book Paper
Prints: Two Sides, Black Ink
Emergency Paper Ballots are to be packaged by ballot style in
quantities to be
determined by the Election Bureau. Emergency Paper Ballots are to
be folded to
fit in a sealable Envelope (size 10” x 15”) to the designated
standards of the
Election Bureau. Ballots to be delivered to the successful bidder
awarded the
contract for Group II printed material on or before April 11,
2016.
SPECIAL INSTRUCTIONS FOR GROUP I BIDDERS - MUNICIPAL PRIMARY:
1. Because the election date is established by law and cannot be
changed by the County,
it is acknowledged and declared that time is of the essence in the
performance by the Successful
Bidder of the services under this bid. It is further acknowledged
that court or administrative
proceedings may occur which affect the eligibility of candidates to
have their names appear on
the ballot, and thus the County Election Bureau may be delayed in
supplying data on candidates,
ballot position, etc. until all such proceedings are resolved. The
Successful Bidder will not
receive any additional compensation in the event of such delays,
but will be required to meet the
specified deadlines for delivery of printed materials. Reasonable
extensions of deadlines will be
granted at the discretion of the Director of the County Election
Bureau for good cause beyond
the control of the Successful Bidder.
2. To allow the County Election Bureau staff sufficient time to
proof read printed
materials, the Successful Bidder must supply the Election Bureau
with proof copies of specimen
voting machine ballots on a daily basis as the same are printed,
rather than delivering such proof
copies en masse. As a minimum requirement, daily delivery of such
proof copies must be made
in quantities which are equally distributed over the number of days
between the date of bidder's
receipt of ballot data and the deadline for delivery of final-form
copies (APRIL 11, 2016). Any
corrections necessary for proof copies returned by the Election
Bureau must be made and such
proof copies resubmitted within 2 days of their return to bidder's
representative. The Successful
Bidder is encouraged to deliver such proof copies more quickly than
this minimum delivery
schedule, if possible, but must not fall behind this schedule.
County reserves the right to declare
this contract in breach and Bidder's performance bond forfeit, and
to award the contract to
another printer if this minimum schedule for delivery of proof
copies is not met or if delivered
proofs are incorrect or substandard.
3. Between the date when the County Election Bureau supplies the
Successful Bidder
with ballot data and the date when the Bidder completes delivery of
all final-form printed
material, a representative of the Bidder must be personally
available between the hours of 8:30
A.M. and 4:00 P.M. daily (Monday through Saturday) for consultation
and receipt of instructions
from the Director of the Election Bureau, as needed, (must be able
to respond within one hour of
request for meetings) at the offices of the County Election Bureau,
Suite 109, 2 North Main
Street, Greensburg, Pennsylvania. This representative must be
knowledgeable and experienced
in the ballot printing business, and not merely a messenger between
the Election Bureau and the
Successful Bidder. This requirement is firm and will not be waived.
Discussions concerning
ballot layout, etc. require visual review of printed materials and
can not be conducted by
telephone.
4. The Successful Bidder will be required to supply the County with
a toll-free (800)
telephone number for telephone communications and facsimile (FAX)
transmission outside the
Greensburg local calling area and must furnish an account number
for next-day delivery service
(e.g., Federal Express) that will enable the County to send
packages to the Successful Bidder at
no cost to the County. This requirement may be waived if the
Successful Bidder provides its
own courier service with comparable times for pick-up and
delivery.
5. To reduce the chance of copy errors due to data entry mistakes,
the County prefers to
supply the ballot data in computer form (PDF file); however at the
Successful Bidder's request
such data will be supplied in printed form instead.
6. Absentee Ballots will be tabulated through an ES&S M-650
Central Ballot Tabulator,
which requires use of ES&S Product # NCS-XX Sequenced Code
Stock. The bidder must use
this paper product, or if bidding an alternative equivalent ballot
paper, must prove to the
complete satisfaction of the Westmoreland County Election Bureau
the equivalence of the
alternative ballot paper. This will include as a minimum providing
proof to the County that the
alternative ballot paper has been used successfully with the
ES&S M-650 Central Ballot
Tabulator in at least one public election where the ballot paper is
used for absentee ballots, and
thus subjected to folding and delivery through the U.S. Postal
System before tabulation of votes,
and providing sample paper for testing by the Election Bureau on
the ES&S M-650 Central
Ballot Tabulator used by the County. Notwithstanding proof of
successful prior use of the
alternative ballot paper in other elections, failure to pass the
County’s testing process with
complete accuracy shall be grounds for rejecting the alternative
paper. Any bidder proposing to
use an alternative ballot paper must identify the proposed
alternative ballot paper product on a
separate paper (which must be enclosed with the bidder’s official
bid form) with the heading
“EXCEPTIONS TO SPECIFICATION” and must supply the alternative
ballot paper
specifications and documentation of the above requirements
regarding prior use in one or more
public elections. Paper samples must be provided upon request, and
must be in sufficient
quantity to allow for reasonable testing (approximately 1000 ballot
pages).
GROUP II - MUNICIPAL PRIMARY:
Quantity Description of Printed Material
312 ELECTION SUPPLY BOXES - Third Class Cities, Boroughs and
Townships for
Voting Machine Districts. (Contents of each box to include 1
Election Officers'
Manual, 4 printed Return Sheets, 10 Removal Notice Cards, 5
Challenge of
Absentee Elector Forms, 2 District Numbered List of Voters, 10
Challenge Forms
for Elector's Affidavit, 2 copies of Election Officer's Oaths, 2
Record of Assisted
Voters, 10 Penalties and Voting Machine Instructions Forms for
posting in polling
place, all envelopes necessary to transport returns to the County
Courthouse,
Election Officers' supplies (pencils, BLUE pens, tape). Supplies
relating to
Provisional Ballots must also be supplied based on 3,756
Provisional Ballots (see
below). Thirty (30) Affirmation of Elector Forms are to be packaged
separately
and supplied with each supply box. The successful bidder for Group
I printed
materials will be responsible for delivering packages of
Provisional Ballots which
are to be enclosed within the Election Supply Boxes by the
successful bidder for
Group II printed materials before delivery of the boxes to the
County.
Election Supply Boxes are to be delivered to the Voting Machine
Department,
110 Vannear Avenue, Greensburg, Pennsylvania, on or before April
11, 2016.
12 Election Officer's Manuals to be delivered to the Election
Bureau, Suite 109, 2
North Main Street, Greensburg, Pennsylvania, on or before April 11,
2016.
GROUP II—SUPPLIES FOR PROVISIONAL BALLOTS-MUNICIPAL PRIMARY:
By instruction of the Commissioner of the Pennsylvania Bureau of
Commissions,
Elections and Legislation, HAVA Bulletin #3, dated January 29,
2004, the following printed
materials must be prepared for administration of Provisional
Ballots, following the form set forth
in the numbered enclosures attached to the HAVA Bulletin #3
enclosed with this Specification as
Attachment F:
Supplement to Cards of Instructions and Penalties—Text on Enclosure
1 is to be printed
in English and Spanish, on 11" x 17" Blue Bond; Quantity: 3 copies
to be included in
each of the 312 Election Supply Boxes.
Election News Poster—Text on Enclosure 2 is to be printed in
English and Spanish, on
11" x 17" Green Bond as a poster, which is to be included in each
of the 312 Election
Supply Boxes.
District Election Official Provisional Ballot Procedures—Text on
Enclosure 3 is to be
printed on 11" x 17" Green Bond; Quantity: one copy to be included
in each of the 312
Election Supply Boxes.
Provisional Ballot Envelopes—Text for front and back of provisional
ballot envelopes is
provided on Enclosure 4, to be printed in English and Spanish, on
9" x 12" Green Stock.
Quantity: Total of 7,344 envelopes is to be packaged in groups
specified by number
needed by Group I to be included in each of the 312 Election Supply
Boxes.
Provisional Voting-Secrecy Envelope—#10 Commercial Envelope, Green
Stock, with
the words "OFFICIAL PROVISIONAL BALLOT" printed on the front of the
envelope.
Quantity: Total of 7,344 envelopes is to be packaged in groups
specified by number
needed by Group I to be included in each of the 312 Election Supply
Boxes.
Provisional Voting-Return Envelope—Text for front of return
envelope is provided on
Enclosure 5, to be printed on 10" x 15" Green Stock; Quantity: one
Return Envelope is
to be included in each of the 312 Election Supply Boxes.
Provisional Voting-Materials Envelope—Text for front of materials
envelope is provided
on Enclosure 6 on 10" x 15" Green Stock; Quantity: one Materials
Envelope is to be
included in each of the 312 Election Supply Boxes.
Provisional Ballot Bar Coded Receipt—Text on Enclosure 8 is to be
printed in English
and Spanish, in Green Ink on 4" x 5½" White Paper with Bar Code and
ID Number
printed on the Receipt as well as printed on a Peel & Stick
strip for affixing to the
Provisional Ballot Envelope. Quantity: Total of 7,344 Bar Coded
Receipts is to be
packaged in groups specified by number needed by Group I to be
included in each of the
312 Election Supply Boxes.
Statement of Complaint—Text on Enclosure 10 is to be printed on 8½"
x 11" White
Bond, 2 sided form with additional page for affidavit; 5 copies to
be included in each of
the 312 Election Supply Boxes.
GROUP II—SUPPLIES FOR EMERGENCY PAPER BALLOTS
MUNICIPAL PRIMARY:
Emergency Paper Ballot Voting-Secrecy Envelope#10 Commercial
Envelope, White
Stock, with the words "OFFICIAL EMERGENCY PAPER BALLOT" printed on
the
front of the envelope. Quantity: Total of 20,220 envelopes is to be
packaged in groups
specified by number needed by Group I to be included in each of the
312 Election Supply
Boxes, with the remaining number to be separately packaged and
delivered to the
Election Bureau.
Emergency Paper Ballot Voting - Materials Envelope10" x 15"
Commercial Envelope;
Manila Stock, with the words "EMERGENCY PAPER BALLOTS -
MATERIALS"
printed on the front of the envelope. Quantity: Total of 375
envelopes, with One (1)
Materials Envelope included in each of the 312 Election Supply
Boxes, and the
remaining number to be separately packaged and delivered to the
Election Bureau.
GROUP I - MUNICIPAL ELECTION:
NOTE: Printer will be given ballot copy for Specimen Ballots,
Official Absentee and Provisional
Ballots as soon as possible after County Election Bureau receives
certifications from State Election
Bureau--estimated to be Wednesday, August 30, 2016. However, the
County cannot guarantee this
delivery date.
All dimensions given are approximate maximums and are intended only
to give the
bidder data to estimate the size and quality of stocks.
Quantity Description of Printed Material:
2,448 SPECIMEN BALLOTS in booklet form, packaged and labeled for
each election
precinct as instructed by the Election Bureau. Printed in such a
manner that the
municipal designation is visible. All Specimen Ballots to be
wrapped by precinct.
They must be packaged and shipped in alphabetical order for all 306
Election
Districts.
1,530 Specimen ballots to be delivered to the Voting Machine
Department, 110
Vannear Avenue, Greensburg, Pennsylvania, on or before October 10,
2016.
They will be packaged 5 per precinct.
918 Specimen ballots to be delivered to the Election Bureau, 2
North Main Street,
Suite 109, Greensburg, Pennsylvania, on or before October 10,
2016.
All Specimen Voting Machine Ballots to be wrapped by precinct. They
must be
packaged and shipped in alphabetical order for all 306 Election
Districts.
Size: Approximate overall 11" x 17"
Stock: 50 lb. Pink Offset Book Paper
Print: One Side, Black Ink
7,780 OFFICIAL ABSENTEE BALLOTS, with candidates' names printed
thereon.
Approximately 306 changes for candidates and identification.
One Common Endorsement Side
Size: Approximate 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Print: Two Sides, Black Ink
1,530 OFFICIAL ABSENTEE BALLOTS, for testing, with candidates'
names printed
thereon.
One Common Endorsement Side
Size: Approximate 8½" x 14"
Stock: See Paragraph 6 of Special Instructions for Group I
Bidders
Print: Two Sides, Black Ink
Absentee Ballots are to be folded to fit #10 Commercial Envelope to
the designated
standards of the Election Bureau. The Election District or ballot
set-up must be
printed on top of ballot for plain view. Ballots must be banded in
groups specified
by the Election Bureau and delivered to the Election Bureau, 2
North Main Street,
Suite 109, Greensburg, Pennsylvania, 10 days after copy is received
by printer, but
no later than October 1, 2016.
(Foregoing dimensions given are approximate maximums and are
intended only to
give the bidder data to estimate the size and quantity of
stocks).
8,570 OFFICIAL PROVISIONAL BALLOTS, with candidates' names printed
thereon.
Approximately 306 changes for candidates and identification.
One Common Endorsement Side
Stock: 50 lb. Green Offset Book Paper
Print: Two Sides, Black Ink
By instruction of the Commissioner of the Pennsylvania Bureau of
Commissions, Elections
and Legislation, HAVA Bulletin #3, dated January 29, 2004,
Provisional Ballots must include the
color green.
Provisional Ballots are to be packaged in groups as specified by
the Election Bureau, with
the district and precinct names on each group. Successful bidder
must contact the Election Bureau
for detailed instructions on packaging. Ballots to be delivered to
the successful bidder awarded the
contract for Group II printed materials on or before October 10,
2016.
21,700 OFFICIAL EMERGENCY PAPER BALLOTS, with candidates' names
printed
thereon.
One Common Endorsement Side
Prints: Two Sides, Black Ink
Emergency Paper Ballots are to be packaged by ballot style in
quantities to be
determined by the Election Bureau. Emergency Paper Ballots are to
be folded to
fit in a sealable Envelope (size 3" x. 8") to the designated
standards of the
Election Bureau. Ballots to be delivered to the successful bidder
awarded the
contract for Group II printed material on or before October 10,
2016.
SPECIAL INSTRUCTIONS FOR GROUP I BIDDERS - GENERAL ELECTION
1. Because the election date is established by law and cannot be
changed by the
County, it is acknowledged and declared that time is of the essence
in the performance by the
Successful Bidder of the services under this bid. It is further
acknowledged that court or
administrative proceedings may occur which affect the eligibility
of candidates to have their names
appear on the ballot, and thus the County Election Bureau may be
delayed in supplying data on
candidates, ballot position, etc. until all such proceedings are
resolved. The Successful Bidder will
not receive any additional compensation in the event of such
delays, but will be required to meet the
specified deadlines for delivery of printed materials. Reasonable
extensions of deadlines will be
granted at the discretion of the Director of the County Election
Bureau for good cause beyond the
control of the Successful Bidder.
2. To allow the County Election Bureau staff sufficient time to
proof read printed
materials, the Successful Bidder must supply the Election Bureau
with proof copies of specimen
voting machine ballots on a daily basis as the same are printed,
rather than delivering such proof
copies en masse. As a minimum requirement, daily delivery of such
proof copies must be made in
quantities which are equally distributed over the number of days
between the date of bidder's receipt
of ballot data and the deadline for delivery of final-form copies
(August 30, 2016 and October 10,
2016). Any corrections necessary for proof copies returned by the
Election Bureau must be made
and such proof copies resubmitted within 2 days of their return to
bidder's representative. The
Successful Bidder is encouraged to deliver such proof copies more
quickly than this minimum
delivery schedule, if possible, but must not fall behind this
schedule. County reserves the right to
declare this contract in breach and Bidder's performance bond
forfeit, and to award the contract to
another printer if this minimum schedule for delivery of proof
copies is not met or if delivered
proofs are incorrect or substandard.
3. Between the date when the County Election Bureau supplies the
Successful Bidder with
ballot data and the date when the Bidder completes delivery of all
final-form printed material, a
representative of the Bidder must be personally available between
the hours of 8:30 A.M. and 4:00
P.M. daily (Monday through Saturday) for consultation and receipt
of instructions from the Director
of the Election Bureau, as needed, (must be able to respond within
one hour of request for meetings)
at the offices of the County Election Bureau, Suite 109, 2 North
Main Street, Greensburg,
Pennsylvania. This representative must be knowledgeable and
experienced in the ballot printing
business, and not merely a messenger between the Election Bureau
and the Successful Bidder. This
requirement is firm and will not be waived. Discussions concerning
ballot layout, etc. require visual
review of printed materials and can not be conducted by
telephone.
4. The Successful Bidder will be required to supply the County with
a toll-free (800)
telephone number for telephone communications and facsimile (FAX)
transmission outside the
Greensburg local calling area and must furnish an account number
for next-day delivery service
(e.g., Federal Express) that will enable the County to send
packages to the Successful Bidder at no
cost to the County. This requirement may be waived if the
Successful Bidder provides its own
courier service with comparable times for pick-up and
delivery.
5. To reduce the chance of copy errors due to data entry mistakes,
the County prefers to
supply the ballot data in computer form (PDF file), however at the
Successful Bidder's request such
data will be supplied in printed form instead.
6. Absentee Ballots will be tabulated through an ES&S M-650
Central Ballot Tabulator,
which requires use of ES&S Product # NCS-XX Sequenced Code
Stock. The bidder must use
this paper product, or if bidding an alternative equivalent ballot
paper, must prove to the
complete satisfaction of the Westmoreland County Election Bureau
the equivalence of the
alternative ballot paper. This will include as a minimum providing
proof to the County that the
alternative ballot paper has been used successfully with the
ES&S M-650 Central Ballot
Tabulator in at least one public election where the ballot paper is
used for absentee ballots, and
thus subjected to folding and delivery through the U.S. Postal
System before tabulation of votes,
and providing sample paper for testing by the Election Bureau on
the ES&S M-650 Central
Ballot Tabulator used by the County. Notwithstanding proof of
successful prior use of the
alternative ballot paper in other elections, failure to pass the
County’s testing process with
complete accuracy shall be grounds for rejecting the alternative
paper. Any bidder proposing to
use an alternative ballot paper must identify the proposed
alternative ballot paper product on a
separate paper (which must be enclosed with the bidder’s official
bid form) with the heading
“EXCEPTIONS TO SPECIFICATION” and must supply the alternative
ballot paper
specifications and documentation of the above requirements
regarding prior use in one or more
public elections. Paper samples must be provided upon request, and
must be in sufficient
quantity to allow for reasonable testing (approximately 1000 ballot
pages).
GROUP II - MUNICIPAL ELECTION:
Quantity Description of Printed Material:
312 ELECTION SUPPLY BOXES - Third Class Cities, Boroughs and
Townships for
Voting Machine Districts. (Contents of each box to include 1
Election Officers'
Manual, 4 printed Return Sheets, 5 Challenge of Absentee Elector
Forms, 2 District
Numbered List of Voters, 10 Challenge Forms for Elector's
Affidavit, 2 copies of
Election Officer's Oaths, 2 Record of Assisted Voters, 10 Penalties
and Voting
Machine Instructions Forms for posting in polling place, all
envelopes necessary to
transport returns to the County Courthouse, Election Officers'
supplies (pencils,
BLUE pens, tape). Supplies relating to Provisional Ballots must
also be supplied
based on 5,310 Provisional Ballots (see below). Thirty (30)
Affirmation of Elector
Forms are to be packaged separately and supplied with each supply
box. The
successful bidder for Group I printed materials will be responsible
for delivering
packages of Provisional Ballots which are to be enclosed within the
Election Supply
Boxes by the successful bidder for Group II printed materials
before delivery of the
boxes to the County.
Election Supply Boxes are to be delivered to the Voting Machine
Department, 110
Vannear Avenue, Greensburg, Pennsylvania, on or before October 10,
2016.
12 Election Officer's Manuals to be delivered to the Election
Bureau, Suite 109, 2 North
Main Street, Greensburg, Pennsylvania, on or before October 10,
2016.
GROUP IISUPPLIES FOR PROVISIONAL BALLOTS - MUNICIPAL
ELECTION:
By instruction of the Commissioner of the Pennsylvania Bureau of
Commissions, Elections
and Legislation, HAVA Bulletin #3, dated January 29, 2004, the
following printed materials must
be prepared for administration of Provisional Ballots, following
the form set forth in the numbered
enclosures attached to the HAVA Bulletin #3 enclosed with this
Specification as Attachment F:
Supplement to Cards of Instructions and PenaltiesText on Enclosure
1 is to be printed in
English and Spanish, on 11" x 17" Green Bond; Quantity: 3 copies to
be included in each of
the 312 Election Supply Boxes.
Election News PosterText on Enclosure 2 is to be printed in English
and Spanish, on
11" x 17" Green Bond as a poster, which is to be included in each
of the 312 Election
Supply Boxes.
District Election Official Provisional Ballot ProceduresText on
Enclosure 3 is to be
printed on 11" x 17" Green Bond; Quantity: one copy to be included
in each of the 312
Election Supply Boxes.
Provisional Ballot EnvelopesText for front and back of provisional
ballot envelopes is
provided on Enclosure 4, to be printed in English and Spanish, on
9" x 12" Green Stock.
Quantity: Total of 8,570 envelopes is to be packaged in groups
specified by number
needed by Group I to be included in each of the 312 Election Supply
Boxes.
Provisional Voting-Secrecy Envelope#10 Commercial Envelope, Green
Stock, with
the words "OFFICIAL PROVISIONAL BALLOT" printed on the front of the
envelope.
Quantity: Total of 8,570 envelopes is to be packaged in groups
specified by number
needed by Group I to be included in each of the 312 Election Supply
Boxes.
Provisional Voting-Return EnvelopeText for front of return envelope
is provided on
Enclosure 5, to be printed on 10" x 15" Green Stock; Quantity: one
Return Envelope is
to be included in each of the 312 Election Supply Boxes.
Provisional Voting-Materials EnvelopeText for front of materials
envelope is provided
on Enclosure 6 on 10" x 15" Green Stock; Quantity: one Materials
Envelope is to be
included in each of the 312 Election Supply Boxes.
Provisional Ballot Bar Coded Receipt Text on Enclosure 8 is to be
printed in English
and Spanish, in Green Ink on 4" x 5½" White Paper with Bar Code and
ID Number
printed on the Receipt as well as printed on a Peel & Stick
strip for affixing to the
Provisional Ballot Envelope. Quantity: Total of 8,570 Bar Coded
Receipts is to be
packaged in groups specified by number needed by Group I to be
included in each of the
312 Election Supply Boxes.
Statement of Complaint Text on Enclosure 10 is to be printed on 8½"
x 11" White
Bond, 2 sided form with additional page for affidavit; 5 copies to
be included in each of
the 312 Election Supply Boxes.
GROUP II—SUPPLIES FOR EMERGENCY PAPER BALLOTS - MUNICIPAL
ELECTION:
Emergency Paper Ballot Voting-Secrecy Envelope#10 Commercial
Envelope, White
Stock, with the words "OFFICIAL EMERGENCY PAPER BALLOT" printed on
the
front of the envelope. Quantity: Total of 21,700 envelopes is to be
packaged in groups
specified by number needed by Group I to be included in each of the
312 Election Supply
Boxes, with the remaining number to be separately packaged and
delivered to the
Election Bureau.
Emergency Paper Ballot Voting - Materials Envelope—10" x 15"
Commercial Envelope
Manila Stock, with the words "EMERGENCY PAPER BALLOTS -
MATERIALS"
printed on the front of the envelope. Quantity: Total of 375
envelopes, with One (1)
Materials Envelope included in each of the 312 Election Supply
Boxes, and the
remaining number to be separately packaged and delivered to the
Election Bureau.
GENERAL INSTRUCTIONS TO BIDDERS:
Separate and sealed bids for the Printing and Furnishing of
Candidates’ Specimen Voting Machine
Ballots, Official Ballots, and Election Supplies for the MUNICIPAL
AND PRIMARY
ELECTIONS of 2016 for the Election Bureau of Westmoreland County
will be received at the
Office of the County Controller, 2 North Main Street, Suite 111,
Greensburg, Pennsylvania 15601
until 2:00 P.M. on Tuesday, February 2, 2016.
LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED
Bids will be opened and read aloud on Tuesday, February 2, 2016 at
approximately 2:15 PM.
“BID – PRINTING AND FURNISHING OF CANDIDATES’ SPECIMEN VOTING
MACHINE BALLOTS, OFFICIAL BALLOTS, AND ELECTION SUPPLIES FOR
THE
PRIMARY AND MUNICIPAL ELECTIONS FOR 2016”
1. Bid Security: Each bid must be accompanied by a certified, good
faith check drawn upon
a bank authorized to do business in the Commonwealth of
Pennsylvania, cashier’s check,
or by a bid bond with corporate surety, in the amount of ten
percent (10%) of the total bid
price (for Group I, Group II or both). Bid bonds must be signed by
an authorized
representative of both the bidder and the surety company, and
accompanied by a power
of attorney authorizing execution of the bond on behalf of the
surety company, or the bid
will be rejected.
NOTE: Bid security for Group I bid must be at least ten (10%)
percent of the highest total
bid price including options or alternate bids (if any).
2. Performance bond: At the sole option of the County, the
successful bidder may be
required to furnish a bond guaranteeing performance of the contract
with sufficient surety
in the amount of 100% of the amount of the contract. The bidder
shall specify in the
designated space on the Official Bid Form the cost of the premium
for such performance
bond, and the County will, at its sole discretion, determine
whether the contract awarded
will require supplying of the performance bond. If the performance
bond is required, the
successful bidder must furnish the bond within seven (7) days of
the date of receipt of the
notice of contract award.
NOTE: FAILURE TO FURNISH SUCH BOND WITHIN THIS TIME PERIOD
SHALL, AT THE OPTION OF THE COUNTY, CONSTITUTE GROUNDS TO
REVOKE THE BID AWARD AND DECLARE THE BID SECURITY FORFEITED.
3. Tax Exemptions: The County is exempt from all Federal excise and
transportation taxes,
the provisions of the Fair Trade law, and the Pennsylvania sales
and use tax for purchase
of tangible personal property. The registration number with
Internal Revenue Service is
25-6001046. No Exemption certificates are required and none will be
issued. Nothing in
this paragraph is meant to exempt a construction contractor from
the payment of sales tax
or use tax required to be paid with respect to its purchase or use
of tangible personal
property used or transferred in connection with the performance of
a construction
contract. If the County is required by law to pay any excise tax
and then seek a refund or
credit, the contractor may add the amount of the tax to the bid
price as a separate item.
4. IRS W-9 FORM: The successful bidder will be required to complete
an Internal
Revenue Service Form (W-9) attached hereto as Attachment “A”
providing the bidder’s
taxpayer identification number and, if applicable, certification
regarding backup
withholding and submit the completed (W-9) Form along with the
executed contract.
5. Right to Accept or Reject Bids: The Westmoreland County
Commissioners reserve
the right to waive informalities for the best interest of the
County, approve sufficiency of
surety and reject any and all bids. Failure of the bidder to sign
the bid or have the
signature of an authorized agent or representative on the official
bid form will be cause
for rejection of the bid. Signature must be written in ink; typing
or printing is not
acceptable. Bidders must include all information required on the
Official Bid Form.
Failure to comply may be cause for rejection of the bid. Award of
the contract will be
made at the County’s option to the lowest responsible bidder.
6. Approved Equal: (Where Applicable) Whenever a product is defined
in this invitation by
trade name and catalogue number of a manufacturer or vendor, the
term “or approved
equal,” if not inserted therewith shall be implied. Any reference
to a particular
manufacturer’s product either by trade name or by limited
description is solely for the
purpose of more clearly indicating the minimum standard of quality
desired, except
where a no substitution is requested. When a “no substitute” is
requested, the County
will consider bids for the referenced item only. The term “or
approved equal” is defined
as meaning any other make which, in the sole opinion of the County,
is of such character,
quality and performance equivalence as to meet the standard of
quality of items specified
for which it is to be used equally as well as that specified. The
bidder quoting on a
commodity other than as specified shall furnish complete
identification on the bid
proposal of the product he is offering by trade name brand and/or
model number. The
bidder shall also furnish descriptive literature and date with
respect to the alternative
commodity he proposed to furnish. Bidders offering an alternate
shall also indicate any
known specification deviations from the referenced item.
7. Unit Prices: In the event Unit Prices are required, the County
reserves the right, should
there be any discrepancy, inconsistency or difference between the
Unit Price(s) and Total
Price(s), to choose the lowest of the prices listed and the vendor
shall be bound to provide
the goods and/or services in question at the lowest cost.
8. Withdrawal of bids: Bids may be withdrawn at any time prior to
the designated time of
the opening of bids. All bids must be firm for thirty (30) days
following the bid opening,
and no bids will be permitted to be withdrawn during such period.
Bids will be awarded
or rejected within thirty (30) days from opening. In the event
award of Bid cannot be
made within thirty (30) days from date of Bid Opening, bidders will
be afforded the
opportunity to extend their bid for an additional thirty (30) days
by completing and
submitting to the County a Consent to Extension of Date for Bid
Award Form a copy of
which is attached hereto as Attachment “B”.
9. Provisions Required by Law Deemed Inserted: Each and every
Provision of law and
clause required by law to be inserted in the Contract for this
project will be deemed to be
inserted therein and the Contract will be read and enforced as
though it were included
herein, and if through mistake or otherwise and such provision is
not inserted, or is not
correctly inserted, then upon the application of either party, the
Contract shall forthwith
be physically amended to make such insertion.
10. More Than One Bid: If more than one bid is offered by any one
bidder, in his own name
or in the name of his agent, partner, or other person, all bids
submitted by such bidder
shall be rejected.
11. Non-Discrimination Agreement: The successful bidder will be
required to comply
with the terms of the attached Non-Discrimination Agreement herein
marked Attachment
“C.”
12. Contractor Integrity: The successful bidder will be required to
comply with the terms of
the attached Contractor Integrity Agreement herein marked
Attachment “D.”
13. Addenda to Contract: During the bidding period the County may
issue written Addenda
to each person, firm or corporation which has secured a copy of
these specifications,
making changes or corrections to the specifications as issued. Such
changes or
corrections shall be included in the work and/or materials covered
by the bid proposal,
and such Addenda shall become part to the specifications and
contract. Bidders who
secure Bid Specifications via the internet are cautioned to verify
if Addenda have been
issued by the County prior to submission of bid. The County assumes
no responsibility
to notify any prospective bidder of Addenda to Bid Specifications
that are secured via the
internet.
14. Payment: County will make payment within 15 business days of
receipt of an invoice,
after delivery of all items in accordance with specifications. The
County reserves the right to
withhold payment until resolution of any problems regarding late or
substandard materials
which cause a financial impact to the County (e.g.: County staff
overtime to correct
problems).
15. Contact Person: Any additional information on this bid may be
obtained by
contacting Beth Lechman, Voting Systems Coordinator of the Election
Bureau at telephone
(724) 830-3150 or 3151.
16. In accordance with Pennsylvania’s “Right to Know” Laws, (Act 3
of 2008; 65 PS 67.101
et seq), the County may make available for viewing or provide
copies of all bids
received and all associated contract documents following awarding
of same.
17. The submission of a Bid shall constitute and establish the
Bidders intent to enter into a
binding contract with Westmoreland County for the goods or services
solicited.
Additionally, should any bid submitted contain defect(s) that in
the County’s opinion, is
of a non-material nature, the Bidder agrees that by the submission
of a Bid, Bidder will
correct any defect(s) upon request of the County.
18. The Westmoreland County Commissioners reserve the right to
reject any or all bids, and to
determine the sufficiency of any required surety. The Westmoreland
County Commissioners
reserve the right to award contracts by groups or individually
either with or without
performance bonding as they may be in the County’s best
interest.
19. Each Bidder must complete a Bidder's Qualification
Questionnaire and enclose it with the
bid. If any portion of the work under this contract is intended to
be subcontracted, the
proposed subcontractor must complete a Bidder's Qualifications
Questionnaire, which must
be enclosed with the bid submittal. The County reserves the right
to investigate information
supplied in the Bidder Qualification Questionnaire, and to require
additional information
from any Bidder to determine the Bidder's capability to perform all
contract responsibilities.
The Bidder and the actual Printer must have experience in
satisfactorily completing at least
one recent contract for supplying comparable printed ballot
materials and/or election
supplies (whichever the Bidder proposes to supply for Westmoreland
County) for a
governmental body's use in conducting an election of similar size
and complexity as
Elections of 20143 in Westmoreland County.
20. FORMAT AND CONTENT OF ALL PRINTED MATERIALS MUST FOLLOW
INSTRUCTIONS AND SAMPLES AS GIVEN BY THE WESTMORELAND COUNTY
ELECTION BUREAU.
ELECTION BUREAU FOR SAMPLES AND INSTRUCTIONS.
BIDDER'S QUALIFICATIONS:
Because the date of the election is an inflexible deadline which
the County Election Bureau
must meet, it is imperative that the Bidder who is awarded this
contract must have the personnel,
facilities and experience to perform the contracted services within
the deadlines specified. For this
reason, all Bidders must complete the following questionnaire. All
questions must be answered and
the data given must be clear and comprehensive. If necessary,
additional sheets may be used to
complete answers. The Bidder may submit any additional information
he/she desires.
1. Name of Bidder:
2. Bidder's Mailing Address:
3. Location (Street Address and Generality) of office(s) where
administrative work under this
contract will be performed:
4. Location (Street Address and Generality) of printing facility
where the printing of materials for
this contract will be performed:
5. Does the Bidder own and operate the printing machinery and
equipment at the facility identified
in No. 4? Yes No
6. If the answer to No. 5 is "NO," list the name of the printing
business identified in No. 4, and the
name and phone number of the contact person with the Printer who
will have responsibility for this
printing job:
(Name of Printing Business)
(Contact Person) (Phone Number)
7. Number of years Bidder has conducted business of printing
Specimen Voting Machine Ballots,
Absentee Ballots, Provisional Ballots and Emergency Ballots for use
in Pennsylvania elections:
8. Number of years Bidder has conducted business of printing
materials specified in Group II of
these Bid Specifications for use in Pennsylvania elections:
9. Has the Bidder, within the past five (5) years, been awarded a
similar government contract for
printing of Ballots and/or Election Supplies for use in
Pennsylvania? Yes No
10. If the answer to No. 9 is "YES," please provide on a separate
sheet the following information
for each government ballot/election supplies contract, starting
with the most recent contract:
a. Name and Address of governmental body for whom work was
performed.
b. Dates work was performed.
c. Name, Address and Telephone Number of governmental body's
contact person.
d. Description of the work performed.
11. Has the Bidder been awarded other contracts by governmental
bodies for printing ballots and/or
election supplies for the Municipal Primary and/or Municipal
Election of 2016?
Yes No
Number of Contracts:
12. If the answer to No. 11 is "YES," list the following for each
contract (attach additional sheets if
needed):
Governmental Body Printing Services Due
13. If the Bidder has submitted or intends to submit bid proposals
for printing ballots and/or
election supplies for other governmental bodies for use in the
Municipal Primary and/or
Municipal Election of 2016, list the following for each such bid
proposal (attach additional sheets
if needed):
Governmental Body Services Bid or to be Bid Due
14. In the event of an emergency requiring reprinted materials on
election day or shortly (1 or 2
days) before, please describe how quickly the Bidder could deliver
printed material to the
Westmoreland County Election Bureau, and how such delivery would be
made? Response Election
Day:
Response Shortly Before Election Day:
15. Has Bidder ever defaulted on a contract or failed to complete
any work awarded to Bidder?
___ Yes No
If yes, please explain:
16. Has Bidder ever been declared ineligible or barred from
submitting bids for any governmental
contracts? Yes No
If yes, please explain:
17. Has the Bidder or any of its Principals, Officers or present or
former employees ever been
found by any court or administrative agency to have discriminated
against any person because of
race, color, national origin, religious creed, age, sex or
handicap?
Yes No
If yes, please explain:
18. Please list any background and experience of the Bidder's
Principals and Officers that you feel
demonstrate the Bidder's ability to perform this contract. (Please
attach list of background and
experience on a separate sheet of paper.)
The undersigned hereby certifies that the above information is true
and correct, and
authorizes and requests any person, firm or corporation to furnish
any information requested by the
County of Westmoreland for verification of such information.
This statement and verification is made subject to the penalties of
18 Pa.C.S. §4904 relating
to unsworn falsification to authorities, which provides that if I
make knowingly false averments I
may be subject to criminal penalties.
Authorized Signature
OFFICIAL BID FORM
The undersigned hereby agrees, if awarded a contract by the Board
of Commissioners of
Westmoreland County, to print and deliver ballot materials and/or
provide election supplies in
accordance with the foregoing specifications for the bid amount(s)
specified below:
BID FOR GROUP I:
2448 Official Specimen Ballots Municipal Election
-------------------------------------- $
3390 Official Democrat Absentee Ballots Municipal Primary
-------------------------- $
918 Official Democrat Absentee Ballots Municipal Primary - for
testing ----------- $
3390 Official Republican Absentee Ballots Municipal Primary
------------------------ $
918 Official Republican Absentee Ballots Municipal Primary - for
testing---------- $
7780 Official Absentee Ballots Municipal Election
--------------------------------------- $
1530 Official Absentee Ballots Municipal Election - for testing
------------------------ $
3672 Official Democrat Provisional Ballots Municipal Primary
------------------------ $
3672 Official Republican Provisional Ballots Municipal Primary
---------------------- $
8570 Official Provisional Ballots Municipal Election
------------------------------------ $
11870 Official Democrat Emergency Paper Ballots Municipal Primary
--------------- $
8350 Official Republican Emergency Paper Ballots Municipal Primary
----------- $
21700 Official Emergency Paper Ballots Municipal Election
---------------------------- $
TOTAL BID FOR GROUP I
-------------------------------------------------------- $
(Without cost of Performance Bond)
Performance Bond Premium for Group I 1
------------------------------------------ $
TOTAL BID FOR GROUP I
-------------------------------------------------------- $
(Including cost of Performance Bond)
Official Bid Form
Page 2 of 2 pages, OFFICIAL BID FORM
1 If bidding on both Group I and Group II do not use a combined
premium
amount; be sure to separate the premium for each Group and insert
in the
proper line.
TOTAL BID FOR GROUP II
------------------------------------------------------- $
(Without cost of Performance Bond)
Performance Bond Premium for Group II 2
----------------------------------------- $
TOTAL BID FOR GROUP II
------------------------------------------------------- $
(Including cost of Performance Bond)
Company/Name of Bidder (type or print) Authorized Signature AFFIX
CORPORATE
SEAL HERE (if corp.) Name & Title (type or print)
Address City State Zip Telephone Number FAX Number
Email Address
Corporation incorporated in the State of
General Partnership
Limited Partnership
Sole Proprietorship
Other (specify)
2 If bidding on both Group I and Group II do not use a combined
premium
amount; be sure to separate the premium for each Group and insert
in the
proper line.
ATTACHMENT A
BID TITLE/PROJECT:
__________________________________________________
The Board of Commissioners of Westmoreland County, Pennsylvania,
hereby requests
the undersigned Bidder to consent to a thirty (30) day extension of
the date for the award of a
contract for the above bid/project.
According to Section 1802 (e) of the County Code, the contract must
be awarded or all
bids rejected within thirty (30) days of the opening of the bids,
but thirty (30) day extensions of
the date for the contract award may be made by mutual written
consent of the Commissioners
and any Bidder who wishes to remain under consideration for the
award. By law, any Bidder
who declines to consent to such extension of the date for contract
award must be excused from
consideration for the contract, and such Bidder’s bid security must
be released without penalty.
The undersigned Bidder wishes to remain under consideration for
award of the above
contract, and hereby consents to the Commissioners’ request for a
thirty (30) day extension of
the date for the award of a contract for the above
bid/project.
COUNTY OF WESTMORELAND
______________________________ ______________________________
______________________________ ______________________________
ATTACHMENT B
NONDISCRIMINATION CLAUSE
During the term of this contract, the CONTRACTOR agrees as
follows:
1) CONTRACTOR shall not discriminate against any employee,
applicant for employment,
independent contractor, or any other person because of race, color,
religious creed, ancestry,
national origin, age or sex. CONTRACTOR shall take affirmative
action to insure that applicants
are employed, and that employees or agents are treated during
employment, without regard to their
race, color, religious creed, ancestry, national origin, age or
sex. Such affirmative action shall
include, but is not limited to: employment, upgrading, demotion or
transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and
selection for training. CONTRACTOR shall post in conspicuous
places, available to all employees,
agents, applicants for employment and other persons, a notice to be
provided by the contracting
agency setting forth the provisions of this nondiscrimination
clause.
2) CONTRACTOR shall in advertisements or requests for employment
placed by it or on
its behalf state all qualified applicants will receive
consideration for employment without regard to
race, color, religious creed, ancestry, national origin, age or
sex.
3) CONTRACTOR shall send each labor union or workers'
representative with which it has
a collective bargaining agreement or other contract or
understanding, a notice advising said labor
union or workers' representative of its commitment to this
nondiscrimination clause. Similar notice
shall be sent to every other source of recruitment regularly
utilized by CONTRACTOR.
4) It shall be no defense to a finding of noncompliance with the
Contract Compliance
Regulations issued by the Pennsylvania Human Relations Commission
or this nondiscrimination
clause that CONTRACTOR had delegated some of its employment
practices to any union, training
program, or other source of recruitment which prevents it from
meeting its obligations. However, if
the evidence indicates that CONTRACTOR was not on notice of the
third-party discrimination or
made a good faith effort to correct it, such factor shall be
considered in mitigation in determining
appropriate sanctions.
5) Where the practices of a union or any training program or other
source of recruitment
will result in the exclusion of minority group persons, so that
CONTRACTOR will be unable to
meet its obligations under the Contract Compliance Regulations
issued by the Pennsylvania Human
Relations Commission or this nondiscrimination clause, CONTRACTOR
shall then employ and fill
vacancies through other nondiscriminatory employment
procedures.
6) CONTRACTOR shall comply with the Contract Compliance Regulations
of the
Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and
with all state and federal
laws prohibiting discrimination in hiring or employment
opportunities. In the event of
CONTRACTOR's noncompliance with the nondiscrimination clause of
this contract, or with any
such laws, this contract may, after hearing and adjudication, be
terminated or suspended, in whole
or in part, and CONTRACTOR may be declared temporarily ineligible
for further County or
2
Commonwealth contracts, and such other sanctions may be imposed and
remedies invoked as
provided by the Contract Compliance Regulations.
7) CONTRACTOR shall furnish all necessary employment documents and
records to, and
permit access to its books, records and accounts by, the
contracting agency, the Office of
Administration, Bureau of Affirmative Action, and the Human
Relations Commission for purposes
of investigation to ascertain compliance with the provisions of the
Contract Compliance
Regulations, pursuant to 16 Pa. Code §49.35 (relating to
information concerning compliance by
contractors). If CONTRACTOR does not possess documents or records
reflecting the necessary
information requested, it shall furnish such information on
reporting forms supplied by the
contracting agency, the Bureau of Affirmative Action or the
Commission.
8) CONTRACTOR shall actively recruit minority subcontractors or
subcontractors with
substantial minority representation among their employees.
9) CONTRACTOR shall include the provisions of this
nondiscrimination clause in every
subcontract, so that such provisions will be binding upon each
subcontractor.
10) The terms used in this nondiscrimination clause shall have the
same meaning as in the
Contract Compliance Regulations issued by the Pennsylvania Human
Relations Commission, 16 Pa.
Code Chapter 49.
11) CONTRACTOR’s obligations under this clause are limited to
CONTRACTOR's
facilities within Pennsylvania, or where the contract is for
purchase of goods manufactured outside
of Pennsylvania, the facilities at which such goods are actually
produced.
Source: 16 Pa.Code§49.101
ATTACHMENT C
CONTRACTOR INTEGRITY
A. Definitions:
1) "Confidential information" means information that is not public
knowledge, or
available to the public on request, disclosure of which would give
an unfair, unethical, or illegal
advantage to another desiring to contract with the Commonwealth of
Pennsylvania or the County of
Westmoreland.
2) "Consent" means written permission signed by a duly authorized
officer or employee of
the Commonwealth or the County, provided that where the material
facts have been disclosed, in
writing, by prequalification, bid, proposal, or contractual terms,
the County shall be deemed to have
consented by virtue of execution of this agreement.
3) "Contractor" means the individual or entity that has entered
into this agreement with
the County, including directors, officers, partners, managers, key
employees, and owners of more
than a 5% interest.
4) "Financial Interest" means:
a) Ownership of more than 5% interest in any business; or
b) Holding a position as an officer, director, trustee, partner,
employee, or the
like, or holding any position of management.
5) "Gratuity" means any payment of more than nominal monetary value
in the form of
cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money,
services, employment, or contracts of any kind.
B. The Contractor shall maintain the highest standards of integrity
in the performance of
this agreement and shall take no action in violation of State or
Federal laws, regulations, or other
requirements that govern contracting with the Commonwealth of
Pennsylvania and/or the County.
C. The Contractor shall not disclose to others any confidential
information gained by virtue
of this agreement.
D. The Contractor shall not, in connection with this or any other
agreement with the County
or the Commonwealth of Pennsylvania, directly or indirectly, offer,
confer, or agree to confer any
pecuniary benefit on anyone as consideration for the decision,
opinion, recommendation, vote, other
exercise of discretion, or violation of a known legal duty by any
officer or employee of the County
or the Commonwealth of Pennsylvania.
E. The Contractor, shall not, in connection with this or any other
agreement with the
County or the Commonwealth, directly or indirectly, offer, give, or
agree or promise to give to
2
anyone any gratuity for the benefit of or at the direction or
request of any officer or employee of the
County or the Commonwealth.
F. Except with the consent of the County and the Commonwealth,
neither the Contractor
nor anyone in privity with the Contractor shall accept or agree to
accept from, or give or agree to
give to, any person, any gratuity from any person in connection
with the performance of work under
this agreement except as provided therein.
G. Except with the consent of the County and the Commonwealth, the
Contractor shall not
have a financial interest in any other contractor, subcontractor,
or supplier providing services, labor,
or material on this project.
H. The Contractor, upon being informed that any violation of these
provisions has occurred
or may occur, shall immediately notify the County in writing.
I. The Contractor, by execution of this agreement and by the
submission of any bills or
invoices for payment pursuant thereto, certifies and represents
that the Contractor has not violated
any of these provisions.
J. The Contractor shall, upon request of the Office of State
Inspector General or County
Controller, reasonably and promptly make available to that office
and its representatives, for
inspection and copying, all business and financial records of the
Contractor of, concerning, and
referring to this agreement with the County or which are otherwise
relevant to the enforcement of
these provisions.
K. For violation of any of the above provisions, the County (or
Commonwealth, if
applicable) may terminate this and any other agreement with the
Contractor, claim liquidated
damages in an amount equal to the value of anything received in
breach of these provisions, claim
damages for all expenses incurred in obtaining another contractor
to complete performance
hereunder, and debar and suspend the Contractor from doing business
with the County or
Commonwealth. These rights and remedies are cumulative, and the use
or nonuse of any one shall
not preclude the use of all or any other. These rights and remedies
are in addition to those the