1-25-049 Beverage Plan - FINAL.pdf
PDF 983 KB Posted
- Attached to
- Sports Complex Beverage Services
- Solicitation number
- 25-049
- Issued by
- Bedford County, Virginia
About this file
RFP #25-049 Sports Complex Beverage Services Summary
This is a Request for Proposals issued by Botetourt County, Virginia, for exclusive beverage services at the Sports Complex located in Troutville, Virginia. The County seeks qualified beverage suppliers to provide complete beverage services, including sodas, water, sports drinks, lemonade, and tea in 20-ounce plastic containers. Based on historical data from 2019 to 2025, the facility has demonstrated demand ranging from approximately 1,580 to 4,593 total beverage units annually, with popular items including Mt Dew (3,016 total units), Pepsi (3,439 total units), and Gatorade Orange/Lemon Lime (2,419 total units). The successful contractor must have coolers and stock in place by March 1, 2026. The contract will be for a five-year term with exclusive rights to all non-alcoholic bottled beverages sold or distributed at the Complex, including tournaments, practices, rentals, and special events. The County reserves the right to add additional County-owned or County-operated facilities to the contract under the same terms and pricing structure. Proposals are due electronically through the Botetourt County Vendor Portal by January 20, 2026, at 2:00 PM, with the deadline for submitting questions set for January 7, 2026, at 5:00 PM.
Pricing shall remain firm for the first year, with any subsequent annual increases not to exceed 1.5% per year and a cumulative maximum increase of 5% over the five-year contract term. The successful Offeror must furnish and maintain one 3-door drink cooler (maximum width 81.375 inches, height 7 feet, minimum capacity 735 units) and one single-door drink cooler (maximum width 2 feet, height 63.5 inches, minimum capacity 148 units), with an option for additional coolers if requested. The County does not guarantee minimum purchase quantities and may adjust order levels based on event schedules. Evaluation criteria will weight qualifications and experience (20%), beverage payment terms and delivery timetables (20%), adaptability to County needs (20%), specific tangibles and overall benefit to the Sports Complex operations (30%), and overall proposal strength (10%). The award will be based on best value determination after negotiations with selected offerors. The contractor must maintain all required insurance coverages including Workers' Compensation, Commercial General Liability ($1,000,000 per occurrence/$2,000,000 aggregate), and Automobile Liability ($1,000,000 combined single limit), with the County named as additional insured. The County reserves the right to terminate the contract for convenience without penalty and may also terminate for default.
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REQUEST FOR PROPOSALS
RFP # 25-049
SPORTS COMPLEX BEVERAGE SERVICES
Dated: December 11, 2025
SUBMISSION DEADLINE
Tuesday, January 20, 2026
2:00 PM
Submissions shall be made electronically to the Botetourt County Vendor portal before the given deadline. The portal requires a quick registration and can be accessed at the link below or from the County website's Purchasing page.
BOCO VENDOR PORTAL
Submissions will only be accepted through the Portal and completed as required per these instructions and the directions given at the submission site.
It is the full responsibility of the Offeror to ensure it can access and submit technically before the deadline. Any proposals received outside the Portal will not be accepted.
Any technical assistance shall be requested via the Bonfire Help site or by email to the Purchasing Office at purchasing@botetourtva.gov. It is the contractor’s responsibility to allow sufficient time for any issues to be resolved.
All comments and questions concerning this solicitation should be addressed to:
Purchasing Office 57 S. Center Drive
Daleville, VA 24083
(540) 928-2106
Email: purchasing@botetourtva.gov or submitted through the Portal.
All questions shall be submitted before Wednesday, January 7, 2026, 5:00 PM
Individuals with disabilities who require assistance or special arrangements in order to participate in this process should call (540) 928-2106. We request that you provide at least 48 hours ' notice so that reasonable efforts may be made to provide the proper assistance. Botetourt County reserves the right to accept or reject any or all proposals, to waive any informalities or irregularities, and to accept a proposal, which is deemed in its best interest.
RFP # 25-049
SPORTS COMPLEX BEVERAGE SERVICES
https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities mailto:purchasing@botetourtva.gov
PURPOSE
Botetourt County is soliciting proposals from qualified beverage suppliers to enter a contract for complete beverage services at the Sports Complex, including any on-site marketing desired and any additional value to the County. The resulting contract will be for a 5-year term of exclusive beverage services and would include any other submitted and accepted on-site marketing.
Exclusivity applies to all non-alcoholic bottled beverages sold or distributed at the Complex, including tournaments, practices, rentals, and special events, unless otherwise approved by the County.
BACKGROUND
The Botetourt Sports Complex is a state-of-the-art facility located at 160 Preston Parkway in Troutville, Virginia. It features four championship-level softball and youth baseball fields, all with beautiful views of the Blue Ridge Mountains. The fields are arranged around a central three-story tower that houses tournament operations, scorekeeping, concessions, and restrooms.
The Complex hosted over 18,000 players, spectators, and officials at this past year’s events.
A complete breakdown of quantities per beverage type between 2019 and 2025 is provided here:
2019 2020* 2021** 2022 2023 2024 2025 TOTAL
Dr Pepper 278 139 355 462 523 469 2226 Diet Dr 85 73 109 129 137 403 936 Pepsi 854 136 636 646 657 510 3439 Diet Pepsi 150 80 198 379 367 274 1448 Mt Dew 287 125 641 666 683 614 3016 Diet Dew 79 42 198 324 273 185 1101 Starry 175 54 148 133 216 170 896 Lipton Tea 120 16 107 143 104 87 577 Crush Orange/Grape 86 27 163 134 127 156 693 Lemonade 184 53 205 161 255 220 1078 Dasani Water 311 350 260 352 241 177 1691 Gatorade Blue 771 203 100 101 103 105 1383 Gatorade Fruit Punch 480 161 420 380 385 255 2081 Gatorade Orange/Lemon Lime 479 121 467 583 497 272 2419 Total: 4339 1580 4007 4593 4568 3897 22984 *2020 - No games due to COVID *2021 - Only played selective tournaments
Quantities listed are historical totals and do not guarantee minimum or maximum future purchase amounts.
SCOPE OF SERVICES
Botetourt County is interested in the added benefits the Offeror can propose in exchange for the opportunity to serve as the exclusive beverage provider at the Complex. The County does not guarantee minimum purchase quantities and may adjust order levels based on event schedules or operational needs. The chosen Offeror will need to have coolers and stock in place by March 1, 2026.
1. Furnish and deliver the needed beverage quantities to the Complex. Beverages include a selection of sodas, water, sports drinks, lemonade, and tea in 20-ounce plastic containers comparable to those above.
2. Furnish, deliver, and maintain:
RFP # 25-049
SPORTS COMPLEX BEVERAGE SERVICES
• One (1) 3-door drink cooler with a maximum width of 81.375” and height of 7’.
Minimum capacity 735
• One (1) single-door drink cooler with a maximum width of 2’ and height of 63.5”.
Minimum capacity 148
• Additional coolers if requested
3. Provide additional benefits of value to the Sports Complex operations. Value-added benefits may include, but are not limited to, annual sponsorship payments, equipment upgrades, field materials, branded items, concession support equipment, or on-site marketing opportunities.
4. All provided coolers shall remain the property of the contractor and must be removed within 30 days of contract termination unless otherwise negotiated.
5. Contractor shall respond to cooler repair or maintenance issues within 48 hours of notification.
During the 5-year term of the contract, the County may, at its sole discretion, add additional County-owned or County-operated facilities that require beverage services. If additional locations are opened, the Offeror shall provide beverage products, coolers, equipment, and related services to those locations under the same contract terms, conditions, and pricing structure unless otherwise negotiated and mutually agreed in writing. The County is not obligated to add any additional locations.
PRICING
Pricing of beverage products shall remain firm for the first year. Each subsequent year, Seller shall notify the County no later than December 31st of the preceding year of any proposed price changes.
Increases cannot exceed 1.5% in a given year, and the total cumulative increase may not exceed 5% over 5 years.
PROPOSAL PREPARATION
Proposals shall be prepared simply and economically, providing a straightforward, concise description of capabilities and ideas that satisfy the RFP requirements. Marketing materials should not be included. Emphasis should be placed on completeness and clarity of content. Proposals should be limited to 20 sheets.
Proposals should also include annual sales reporting, delivery schedule availability, stock outage response time, and marketing plan or signage plans. All proposed signage, branding, or marketing materials must be approved in writing by the County before installation. The award of the beverage service contract does not supply marketing/signage approval. If available, also include any sustainability or recycling support programs, such as bottle-recycling support, waste-reduction measures, return bins, or marketing materials promoting recycling.
Virginia Freedom of Information Act: Except as provided, once an Award Agreement is announced, all proposals submitted in response to this RFP will be open to inspection by any citizen, interested person, firm, or corporation, in accordance with the Virginia Freedom of Information Act (“the VFOIA”).
Trade secrets or proprietary information submitted by a Firm before or as part of its proposal will not be subject to public disclosure under the VFOIA, only under the following circumstances:
1. The appropriate information is clearly identified by some distinct method, such as highlighting or underlining
2. only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and
3. A summary page is supplied immediately following the proposal title page that includes
a. the information to be protected,
b. the section(s)/page number(s) where this information is found in the proposal, and
c. a statement of why protection is necessary for each section listed.
The Firm must also provide a separate electronic copy of the proposal with the trade secrets and/or proprietary information redacted. Information regarding the accessibility of the Services under consideration, particularly compliance with Web Content Accessibility Guidelines (WCAG)
RFP # 25-049
accessibility standards, including the interactive administrative consoles required to utilize these Services, must be exempt from any non-disclosure request.
IF ALL THESE REQUIREMENTS ARE NOT MET, THE FIRM’S ENTIRE PROPOSAL WILL BE AVAILABLE
FOR PUBLIC INSPECTION.
Important: Any trade secrets or proprietary information submitted with a proposal (original or copy) for which the Firm seeks protection from public disclosure must follow the requirements outlined above. A Firm may not request that its entire proposal be treated as a trade secret or proprietary information, nor may it request that its pricing/fees be treated as a trade secret or proprietary information or otherwise be deemed confidential.
EVALUATION AND AWARD CRITERIA
In determining the vendor to be fully qualified and best suited to provide services, the following factors will be considered:
• Qualifications of the Offeror, including experience and references. 20%
• Beverage payment terms & delivery timetables. 20%
• Adaptability of plan to the County’s needs 20%
• Specific tangibles and overall benefit to the Sports Complex operations. 30%
• Overall Strength of the proposal. 10%
SELECTION PROCESS
A committee comprised of County Staff will review proposals, and conduct interviews (if necessary), scoring proposals by the above criteria, and recommending the highest scored for award.
The County reserves the right in its sole discretion to reject any and all proposals.
AWARD OF THE CONTRACT
Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitted proposals, based on the factors involved in the Request for Proposal. Negotiations shall be conducted with each offeror selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror selected, the County shall select the offeror that, in its opinion, has made the best proposal, and shall award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. Should the County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.
The award document will be a contract that incorporates by reference all the requirements, terms, and conditions of the solicitation and the offeror’s proposal as negotiated. Similarly, any materials provided by the offeror for the County's evaluation of the proposal might be referenced and become part of the purchase agreement between the County of Botetourt and the offeror.
SUBMISSIONS AND DEADLINES
Submissions shall be made electronically to the Botetourt County Vendor Portal on or before 2:00 pm Tuesday, January 20, 2026, 2:00 PM (at which time receipt of offers will close).
It is the responsibility of the offeror to inquire about and clarify any requirements of this Request for Proposals that are not understood. Inquiries should be directed to the Purchasing Buyer, Stephanie Sparks, via email to purchasing@botetourtva.gov, or through the Botetourt County Vendor Portal. The deadline for questions is January 7, 2026, 5:00 PM.
COOPERATIVE PROCUREMENT
The procurement of goods and/or services provided for in this solicitation is being conducted pursuant to Virginia Code, section 2.2-4304.
RFP # 25-049
SPORTS COMPLEX BEVERAGE SERVICES
https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities
Therefore, the Offeror or Bidder is advised that by submitting a response to this procurement, such Offeror or Bidder agrees that any resulting contract from this procurement may, in addition to the County of Botetourt, also be extended to other public agencies or bodies in the Commonwealth of Virginia to permit those public agencies or bodies to purchase such goods and/ or services at contract prices, in accordance with the terms, conditions, and specifications of this procurement. The successful Offeror or Bidder shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to any contract that may result from this procurement and in accordance with Virginia Code 2.2-4304.
The County of Botetourt shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful Offeror or Bidder or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision.
TERMINATION & CANCELLATION
1. The County has the unilateral right to terminate any contract with Vendor for default on the terms of that contract, or any other contract between the Vendor and the County.
2. The County has the unilateral right to cancel and terminate any contract with Vendor, in whole or in part, without penalty, merely out of convenience, and will require no breach of contract by Vendor as a condition of termination. This right of termination for convenience may be exercised at the sole unconditional discretion of the County. If a contract is terminated in whole or in part for the convenience of the County, the Vendor will be paid the contracted price for the service or goods actually provided or rendered up to the date of termination, but will not be paid any other fees or lost profits.
3. Any contract cancellation notice does not relieve the Vendor of the obligation to perform on all outstanding orders issued prior to the effective date of cancellation.
GENERAL TERMS AND CONDITIONS
The general conditions set forth herein apply to contractual services rendered to Botetourt County.
All Offerors are bound by these conditions. Further, these conditions and requirements become part of any contract awarded between Botetourt County and the successful Offeror.
Any changes in the general conditions after the proposal is advertised will be official only when submitted in writing and signed by the Purchasing Office. Any and all changes will be made by addendum and all Offerors notified. All addenda issued will become a part of the proposal.
Should an Offeror find discrepancies, or ambiguities and require clarification, he/she should notify the Purchasing Office at least five days prior to the date set for opening of proposals.
Pursuant to section 23-216 of the Botetourt County Code and section 58.1-3703 of the Virginia Code, offerors located in Botetourt County are required to have a business license. Offerors located outside Botetourt County who work in the County are required to purchase a Botetourt business license when gross receipts from work inside the County exceed $25,000 annually. Contact the Office of the Commissioner of Revenue for additional information on business licenses.
Every bidder (or offeror) shall include in its bid (or proposal) the identification number issued to it by the State Corporation Commission confirming that it is organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50. If the bidder (or offeror) is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, the bidder or (offeror) shall include in its bid (or proposal) a statement describing why the bidder (or offeror) is not required to be so authorized. Any bidder (or offeror) that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the County Administrator.
A. Proposal Procedures
1. The Offeror's proposal must be received at the Vendor Portal prior to the deadline, following the requirements herein. It is the Offeror's responsibility to work out any user or technology issues in advance of the deadline to ensure its ability to submit. Any issues or questions regarding “how to” use the portal shall be directed to Bonfire Help or the Purchasing Department.
2. In submitting a proposal, the Offeror signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment, and services necessary to perform this proposal in accordance with all documents constituting the proposal and will comply satisfactorily with the proposal documents.
3. All information required by the solicitation must be supplied to constitute a responsive proposal. All information submitted must be legible, and the proposal must be signed by an authorized representative of the vendor to be considered.
4. The Offeror expressly warrants that the services proposed herein are not the result of an agreement or understanding expressed or implied with any other Offeror or Offerors.
5. In the case of a tie, preference shall be given to goods, services, and construction products in Virginia or provided by Virginia persons, firms, or corporations, if such a choice is available;
otherwise, the tie shall be decided by lot.
6. Any proposal submitted with corrections must have the corrections initialed by the person who signed the original proposal. No proposal changes will be permitted after the opening.
The unit price will prevail in the event an error is made in computing totals.
7. Botetourt County requires that the proposal remain firm 90 days after the date of the closing.
At the end of the 90 days, the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
8. The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid, if applicable, must be net, exclusive of taxes. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at
RFP # 25-049
their place of business, they may charge and collect their own local/state sales tax.
Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.
9. The right is reserved to waive any and all informalities and to cancel or reject any and all proposals.
10. The successful Offeror shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute without the written consent of Botetourt County.
11. Proposals will be received up to the appointed hour, but County officials reserve the right to take sufficient time to study the various proposals and then make the awards. Contracts will be awarded as promptly as possible after the closing date.
12. Offerors may be required under Title 54.1 Code of Virginia, if applicable, to show evidence of a certificate of registration.
13. Failure to comply with conditions set forth herein may result in the removal of an item(s) or total proposal from consideration.
B. Anti-Discrimination
By submitting their proposals, offerors certify to the County of Botetourt that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit. (Code of Virginia, sec. 2.2-4343.1).
In every contract over $10,000, the provisions in 1. and 2. below apply:
1. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, natural origin, or disabilities, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
2. The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.
C. Payments
1. Billing will be directed to the Botetourt County Finance Office, 57 S. Center Drive, Daleville, VA 24083. Payment will be made after the receipt of a proper invoice.
2. Payment shall not preclude Botetourt County from making a claim for adjustment on any item later found not to have been in accordance with General Conditions and Specifications.
D. Disputes
RFP # 25-049
Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payments.
E. Protest of Award or Decision to Award
Any bidder or Offeror who desires to protest the award or decision to award a contract shall submit such protest in writing to the Purchasing Office not later than ten days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or Offeror is not a responsible bidder or Offeror. The written protest shall include the basis for the protest and the relief sought.
F. Proprietary Information
Ownership of all proposal documentation submitted to Botetourt County shall belong exclusively to the County. Proprietary information submitted by the offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or material is submitted. The written notice must specifically identify the data or materials to be protected, including the section of the proposal in which it is contained and the page numbers, as well as stating the reasons why protection is necessary. The proprietary or trade secret material within the proposal must be identified by some distinct method, such as highlighting or underlining, and must indicate only the specific words, figures, or paragraphs that constitute proprietary information. In addition, a summary of proprietary information submitted shall be submitted on a separate form. The classification of an entire proposal document as proprietary is not acceptable and will be rejected.
G. Indemnification
Contractor agrees to indemnify, defend, and hold harmless the County, its officers, agents, and employees from any claims, damages, and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by Contractor and/or arising from or caused by any services of any kind or nature furnished by Contractor.
H. Insurance
By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with sec. 2.2-4332 and 65.2-800 et seq. of the Code of Virginia.
The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.
INSURANCE COVERAGES AND LIMITS REQUIRED:
1. Worker’s Compensation – Statutory requirements and benefits.
2. Employers Liability - $500,000
3. Commercial General Liability - $1,000,000 per Occurrence/$2,000,000 General Aggregate.
Commercial General Liability includes Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability.
RFP # 25-049
4. Automobile Liability - $1,000,000 – Combined single limit. (Only if a motor vehicle is to be used in the contract.)
5. The County of Botetourt must be named as an additional insured with respect to General Liability and Automobile Liability when requiring a Contractor to obtain Commercial General Liability coverage.
I. Nondiscrimination of Contractors
An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the County shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.
J. Drug-Free Workplace
In every contract over $10,000, the contractor agrees to:
1. provide a drug-free workplace for the contractor's employees.
2. post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition
3. state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and
4. include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
K. Immigration Reform and Control Act of 1986
By submitting their proposal, Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.
AUTHORIZED TO TRANSACT BUSINESS – Pursuant to Virginia Code Section 2.2-4311.2 (effective July 1, 2010), each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, (1950), as amended, or as otherwise required by law, is required to include in its bid its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder is not required to be so authorized.
Please complete the following:
A._____ Bidder is a Virginia business entity organized and authorized to transact business in Virginia and such bidder’s SCC Identification Number is ________________________.
B._____ Bidder is an out-of-state (foreign) business entity authorized to transact business in Virginia and such bidder’s SCC Identification Number is ________________________.
C._____ Bidder does not have an Identification Number issued to it by the SCC and such bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):
RFP # 25-049
NON-COLLUSION STATEMENT
My signature certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce or any act of fraud punishable under the Virginia Governmental Frauds Act, sections 18.2-498.1 et seq. of the Code of Virginia, 1950, as amended.
Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the laws against bid rigging (sections 59.1-68.6 et seq.), and the Virginia Antitrust Act (sections 59.1-9.1 et seq.), and Federal Laws regarding the same, and can result in fines, prison sentences, and civil damage awards.
I hereby certify that I am authorized to sign, personally or as a Representative for the Firm:
Name of Firm or Individual: ________________________________________
Address: _______________________________________________________
Signature Date
Printed Name and Title
RFP # 25-049
Additions to Contract, as required by the Virginia Public Procurement Act:
In the performance of any services under the Agreement, the Vendor shall:
A. Not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by local, state, or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Vendor’s business, and otherwise comply and conform with the provisions of the Civil Rights of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable.
B. Not employ illegal alien workers or otherwise violate the provisions of the Immigration Reform and Control Act of 1986, as amended; and
C. Comply with all federal, state, and local laws and regulations applicable to the performance of the services procured.
D. Provide and maintain a drug-free workplace for its employees in accordance with the Drug-Free Workplace Act of 1988, as amended. For the purposes of this subparagraph, a “drug-free workplace” means a site for the performance of work done in connection with this Agreement. The Vendor shall also state in all solicitations for employees related to the work to be performed under this Agreement that the Vendor maintains a drug-free workplace.
E. Post in conspicuous places, available to employees and applicants for employment, standard anti-discrimination notices as required by Virginia law, as well as a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against any employee for a violation.
F. Include these provisions in any subcontract or purchase order for the purpose of performing the work contemplated by the Agreement the value of which exceeds $10,000, so as to make these provisions binding on such subcontractor or supplier.
I agree to these terms and conditions and understand that they apply to and govern all purchases, regardless of the type of goods or services purchased, by the County of
Botetourt, Virginia from the Vendor.
Name Title
Vendor _____________________________________
Date ________________________________________
RFP # 25-049
K. Immigration Reform and Control Act of 1986
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