INVITATION FOR BIDS

IFB #26-004

CUTTING HAY

Release Date:

March 10, 2026

SUBMISSION DEADLINE

Tuesday, April 7, 2026

2:00 p.m. EST Public Bid Opening to immediately follow.

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 on the County website's Purchasing page.

BOCO VENDOR PORTAL

Submissions will only be accepted through the Portal, completed as required per these instructions and the directions given at the submission site.

It is the full responsibility of the Offeror to ensure that 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 at the Bonfire Help site or via email to the Purchasing Office, 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 shall be received no later than March 24, 2026, 5:00 p.m. EST, and should be submitted through the Botetourt County Vendor Portal or emailed to: Purchasing@botetourtva.gov

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. The Economic Development Authority of Botetourt County reserves the right to accept or reject any or all bids, to waive any informalities or irregularities, and to accept a bid that is deemed in its best interest.

https://botetourtva.bonfirehub.com/portal/?tab=pastOpportunities mailto:purchasing@botetourtva.gov mailto:Purchasing@botetourtva.gov

I. GENERAL INFORMATION

It is the intent of the Economic Development Authority of Botetourt County, Virginia (EDA) to receive compensation for the hay at Greenfield or, at a minimum, a low or no-cost mowing of the hay; therefore, Botetourt County, on behalf of the County and the EDA, is requesting bids from individuals or entities interested in leasing land located in the Greenfield area for the purpose of cutting hay. The successful bidder shall pay the EDA the annual rent amount bid for each awarded area. The hay shall be mowed, baled, and removed at a minimum of twice annually in the spring and fall, with an option for additional mowing at the discretion of the Contractor. The hay becomes the property of the Contractor.

Bids will be received until 2:00 P.M. E.S.T. on April 7, 2026. The EDA intends to award a one-year contract, beginning upon execution and continuing through December 31, 2026, with two

(2) optional 1-year renewals if both parties continue to be satisfied with completed work. The multi-year contract option has been added to encourage proper soil amendments and fertilization. Stipulations are in place to compensate the Contractor if land must be removed from the contract before the contract's completion date. See details below.

The EDA may choose to award a single contract, or multiple awards may be made if in the EDA's best interests.

There are ten (10) tracts located within three (3) total areas. Producers or contractors shall bid on one, two, or three of the areas as directed on the Bid form.

II. SCOPE OF SERVICES

The EDA seeks the services of qualified persons to mow, bale, and remove hay from the areas within Botetourt Center at Greenfield, located on International Parkway in Daleville, and Greenfield Elementary School/Botetourt Sports Complex, located on Preston Parkway in Troutville.

At times when baling the hay is not in the best interest of the Contractor or landowner, the Contractor may get permission from the EDA to rotary mow “brush hog” the land as opposed to making the hay.

All hay produced must be removed within one week of baling and is the property and responsibility of the Contractor.

The Contractor shall take reasonable care to avoid damage to drainage structures, utilities, fencing, access roads, culverts, signage, and other improvements located on the property. Any damage caused by the Contractor’s equipment or operations shall be repaired by the Contractor at their own expense to the satisfaction of the EDA.

The EDA makes no guarantee as to the quality or quantity of hay for any specified period.

Improvements to the soil, such as lime and fertilizer (synthetic), are permitted and encouraged.

NO litter or manure may be used on the land.

Contractor is encouraged to apply lime. If lime is applied within the contract period, the Contractor may provide to the EDA written documentation of the Contractor’s actual costs paid for the application within 60 days of the application. If and only if such documentation is provided and this agreement is terminated prior to the end of the initial period, or if limed lands are removed from the contract during the initial term, the Contractor shall be refunded on a pro rata basis the actual costs of the lime application. The total cost of the application must be within $100.00 of the competitor’s rates at the time of application.

Similarly, Contractor is encouraged to apply commercial fertilizer (synthetic) during the period of this agreement and provide to the EDA written documentation of Contractor’s actual costs paid for this application within 60 days of the application, Contractor shall be refunded on a pro rata basis of the actual cost of the fertilizer application if this agreement is terminated sooner than the end of the initial period or if fertilized lands are removed from the agreement during such term. Commercial fertilizer applications will have an assumed two-year life span from the time of application. The total cost of the application must be within $100.00 of the competitors' rates at the time of application.

The Contractor shall maintain the leased acreage in a condition suitable for hay production and shall not allow excessive growth of weeds, brush, or invasive vegetation. If hay cannot be harvested due to weather or field conditions, the Contractor shall, with approval from the EDA, rotary mow (“brush hog”) the area to prevent overgrowth.

III. SPECIAL TERMS & CONDITIONS

Acreage Adjustments at Renewal The EDA reserves the right to increase, decrease, or modify the total acreage included in this contract at the time of any renewal. Any adjustments will be provided in writing at least 30 days before renewal. Renewal pricing shall be recalculated based on the revised acreage. If agreement cannot be reached, the EDA may elect not to renew without penalty.

Mid-Season Acreage Adjustments The EDA reserves the right to remove or restrict access to portions of the leased acreage during the contract term if required for public use, construction activities, environmental compliance, safety concerns, or other operational needs.

If a mid-season adjustment is necessary:

1. The EDA will provide the Contractor with a minimum of thirty (30) days written notice identifying the acreage to be removed or restricted and the effective date.

2. Compensation for the affected portion of acreage will be prorated based on the remaining term and acreage.

3. The Contractor shall not claim additional compensation, damages, or lost revenue resulting from the removal or restriction of acreage beyond the prorated adjustment.

4. The Contractor shall immediately discontinue haying activities on the identified acreage as of the effective date of the notice.

5. The EDA may, at its sole discretion, reassign or restore acreage at any time, with proper written notice.

Failure by the Contractor to comply with the EDA’s notice regarding acreage removal may be grounds for non-renewal or termination for convenience.

IV. REQUIREMENTS

Bidders are required to attach a copy of their current Certification of Insurance to verify adequate coverage. The Board of Supervisors, Botetourt County, Virginia & the Economic Development Authority of Botetourt County, Virginia (“EDA”) must be listed as an additional insured on the certificate upon the award of the contract.

A minimum of three (3) verifiable references, including contact information, must also accompany each response.

V. RESPONSIBILITY OF BIDDER

The bidder shall make a careful examination of the sites, shall familiarize himself with the existing conditions, and shall satisfy himself as to the workmanship and equipment required for the work.

VI. SUPERVISION

The awarded contractor is solely responsible for all means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work under the contract.

The contractor shall be responsible to the EDA for the acts and omissions of its employees, subcontractors, and their agents and employees, and other persons performing any of the work under a contract with the contractor.

ECONOMIC DEVELOPMENT AUTHORITY OF BOTETOURT COUNTY, VIRGINIA

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

The EDA uses substantially the same purchasing procedures and follows the same Purchasing Manual as Botetourt County. Therefore, Botetourt County rules and conditions apply to all purchases and are incorporated into each solicitation and every contract awarded by the Purchasing Office, unless otherwise specified. Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids: failure to do so will be at the bidder’s/offeror’s own risk, and except as provided by law, relief cannot be secured on the plea of error.

Should a bidder find discrepancies or ambiguities, or otherwise require clarification, he/she should notify the Purchasing Office at least five days prior to the date set for opening of bids.

Pursuant to section 23-216 of the Botetourt County code and section 58.1-3703 of the Virginia code, Contractors located in Botetourt County are required to have a business license.

Contractors 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. Pursuant to the Virginia Board for Contractors regulations section 54.1 Chapter 11, please provide a copy of your current Virginia State Contractors license with your response to this bid/proposal. It will be the responsibility of the successful contractor to verify eligibility to perform the work and obtain the necessary permits required to complete the scope of work requested.

Every bidder shall include in its bid 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 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 shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the Executive Director of the Authority.

1. AUTHORITY – This solicitation is subject to the provisions of the Commonwealth of Virginia, the Virginia Public Procurement Act, and the Botetourt County Purchasing Policy and Procedures Manual.

2. COMPETITION INTENDED – It is the EDA’s intent that this solicitation permits competition. It shall be the Bidder’s responsibility to advise the Purchasing Office in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source.

The Purchasing Office must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the bids.

BID PROCEDURES

3. CLARIFICATION OF TERMS - Any changes in the general conditions after the bid 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 bidders will be notified. All addenda issued will become a part of the bid.

4. LATE BIDS & MODIFICATION OF BIDS – Any bid/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/modification is considered late. Botetourt EDA is not responsible for delays in the submission of bids due to power failures or technology malfunctions. It is the sole responsibility of the Bidder to ensure their bid is submitted by the designated date and hour.

A. Late bids/modifications will not be considered.

B. If the County/EDA closes its offices due to inclement weather, the scheduled bid opening will be extended to the next business day at the same time.

5. WITHDRAWAL OF BIDS - A bidder for a contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid is substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

The following procedure for withdrawal of a bid for a public construction contract shall apply.

The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers, documents, and materials may be considered trade secrets or proprietary information subject to the conditions of subsection F of §2.2-4342 of the Virginia Public Procurement Act. Such mistake shall be proved only from the original work papers, documents, and materials delivered as required herein.

a. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

b. If a bid is withdrawn under the authority of this section, the next highest remaining bid shall be deemed to be the high bid.

c. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

d. If the EDA denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

6. ERRORS IN BIDS - Any bid submitted with corrections must have the corrections initialed by the person who signed the original bid. No bid changes will be permitted after the bid opening. The unit price will prevail in the event an error is made in computing totals.

Carelessness in quoting prices, or in the preparation of the bid otherwise, will not relieve the Bidder.

7. ACCEPTANCE OF BIDS – Unless otherwise specified, all formal bids submitted shall be valid until an award is made at a minimum. If the proposal is not withdrawn, it remains in effect until an award is made or the solicitation is canceled.

8. CONDITIONAL BIDS – Conditional bids are subject to rejection in whole or in part.

9. N/A

10. BIDDERS PRESENT – At the time fixed for the opening of responses to a bid, bid contents will be made public for the information of bidders and other interested parties who may be present either in person or by a representative. All bids will be opened at the time and place specified and read publicly. A Bidder need not be physically present in order to be the successful Bidder.

11. TAX EXEMPTION - The EDA is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the EDA at 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.

12. DEBARMENT STATUS - By submitting their bids, Bidders certify that they are not currently debarred from submitting bids on contracts by the EDA, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the EDA or any agency, public entity/locality, or authority of the Commonwealth of Virginia.

13. ETHICS IN PUBLIC CONTRACTING - The provisions contained in Sections 2.24367 through 2.2-4377 of the Virginia Public Procurement Act, as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the EDA.

By submitting their bids/proposals, all Bidders certify that their bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer, or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

SPECIFICATIONS

14. N/A

15. FORMAL SPECIFICATION - When a solicitation contains a specification that states no substitute, no deviation therefrom will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

16. OMISSIONS & DISCREPANCIES – Any items or parts of any equipment listed in this solicitation that are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment, although not directly specified or called for in the specifications.

The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations, or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

17. CONDITIONS OF ITEMS – Unless otherwise specified in the solicitation, all items shall be new and in first-class condition.

AWARD

18. AWARD OR REJECTION OF BIDS - The EDA shall award the contract to the highest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable, and it is in the best interest of the EDA to accept it. The EDA reserves the right to award a contract or to reject any or all bids received whenever such rejection or waiver is in the best interest of the EDA. An award may be made to as many bidders as deemed necessary to fulfill the anticipated requirements of the EDA. The EDA also reserves the right to reject a bid if a bidder is deemed non-responsive.

19. NEGOTIATE WITH THE HIGHEST BIDDER - Unless all bids are canceled or rejected, the EDA reserves the right granted by section 2.2-4318 of the Code of Virginia to negotiate with the highest responsive, responsible bidder.

20. ANNOUNCEMENT OF AWARD – Upon the award or announcement of the decision to award a contract as a result of this solicitation, the Purchasing Office will publicly post such notice on the bulletin board located in their office.

CONTRACT PROVISIONS

21. ANTI-DISCRIMINATION - By submitting their bids, bidders certify to the EDA 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 beliefs, 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 the County 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 County funds shall be subject to audit by the public body. (Code of Virginia, sec. 2.2-4343.1(E)).

22. DRUG-FREE WORKPLACE - In every contract over $10,000, the contractor agrees to(i) provide a drug-free workplace for the contractor's employees; (ii) 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; (iii) 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 (iv) 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 in accordance with this chapter, 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.

23. N/A

24. EMPLOYMENT DISCRIMINATION PROHIBITED - In every contract over $10,000, the provisions in a. and b. below apply:

a. During the performance of this contract, the contractor agrees as follows:

i. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national 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.

ii. 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.

iii. 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.

b. 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.

25. IMMIGRATION REFORM AND CONTROL ACT OF 1986 - By submitting their bids, bidders 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.

26. INDEMNIFICATION - The Contractor agrees to indemnify, defend, and hold harmless the EDA, 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.

27. MODIFICATION OF THE CONTRACT – Changes can be made to the contract in any of the following ways:

a. A contract may include provisions for modification if the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Economic Development Authority. In no event may the amount of any contract with adequate consideration be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.

b. The EDA may extend the term of an existing contract for services to allow the completion of any work undertaken but not completed during the original term of the contract.

28. CONTRACTUAL DISPUTES

a. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after the completion of harvest. The Offeror shall provide the EDA with the harvest conclusion date.

b. The Executive Director or designee shall decide contractual claims within 30 days of the written submission, and the claimant shall be informed of the decision in writing. Failure of the Executive Director to make a decision within

30 days shall be deemed a denial of the claim. The sole result of denial of a claim is the right to proceed to court under Virginia Code § 2.2-4364. All claims must be brought within six (6) months after completion of the contract.

29. TERMINATION BY OWNER FOR CONVENIENCE - The EDA may terminate this contract at any time without cause, in whole or in part, upon giving the Bidder notice of such termination.

Upon such termination, the Bidder shall immediately cease work and, if applicable, remove any equipment from the EDA facilities. After all such steps have been taken to the owner’s satisfaction, the EDA will return a proportional share of the total sum the Bidder paid by the ratio of the acres satisfactorily harvested to the total acreage sought to be harvested under this IFB.

30. INSURANCE – By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with section 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder 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:

a. Worker’s Compensation – Statutory requirements and benefits.

b. Employers' Liability - $500,000

c. Commercial General Liability - $1,000,000 per Occurrence/$2,000,000 General

Aggregate. Commercial General Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability.

d. Automobile Liability - $1,000,000 – Combined single limit. (Only if a motor vehicle is to be used in the contract.)

e. The County of Botetourt and the EDA must be named as additional insureds with respect to General Liability and Automobile Liability when requiring a Contractor to obtain Commercial General Liability coverage.

31. N/A

32. AUTHORIZED TO TRANSACT BUSINESS – Pursuant to Virginia Code Section 2.24311.2 (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.

33. EMPLOYEE CERTIFICATION – Bidders shall certify that any of their employees who will provide services under a resulting contract and will be in direct contact with Botetourt County Public School students, defined as in the presence of students during regular school hours or during school-sponsored activities, (i) has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child, and (ii) such person has not been convicted of a crime or moral turpitude. Bidders shall cause any of their subcontractors to provide the same certification described herein with regard to the subcontractors’ employees.

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CONTRACTOR’S CERTIFICATION AND BID SHEET

IFB # 26-004

MOWING/CUTTING HAY

The undersigned certifies a comprehension of the specifications in the enclosed bid and that the services submitted for this IFB meet or exceed the specifications as listed herein. The undersigned agrees to the terms of the Invitation for Bid and all attachments, and if awarded this contract, agrees that the conditions of this bid and terms will serve as a legal and binding contract. The undersigned further certifies that he/she is a designated representative of the Contractor and authorized to sign documents on the Contractor’s behalf. When Botetourt County or the EDA notifies a bidder in writing of its acceptance of the bidder’s price, this contract will become effective on the date the acceptance is written.

Bidders, at their discretion, shall enter the annual amount they will pay the EDA for the right to harvest hay from areas 1, 2, and/or 3.

Area 1 $___________________

Area 2 $___________________

Area 3 $___________________

Firm Name: _______________________________________________________

By: ___________________________________ Date: ______________________ (Signature Validates Bid)

(Printed Name and Title)

Address: ________________________________________________________________

Telephone: __________________________

Email Address: _____________________________________________

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):

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 ________________________________________

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