1-IFB GMU-CM1022-25 Mason Recreation Pool Chemicals V3.pdf

Purchasing Department 4400 University Drive, MS 3C1, Fairfax, VA 22030 Phone: 703.993.2580; http://fiscal.gmu.edu/purchasing/

INVITATION FOR BID

GMU-CM1022-25

ISSUE DATE: November 4, 2025

TITLE: Mason Recreation Pool Chemicals

PRIMARY PROCUREMENT OFFICER: Christopher Mullins, Sr. Buyer SECONDARY PROCUREMENT OFFICER: Grace Lymas, Assistant Director, Purchasing

SEALED BID DUE DATE AND TIME: November 25, 2025 @ 2:00PM Eastern Time (ET). SEE SECTION XI.B.5 FOR

DETAILS ON ELECTRONIC BID SUBMISSION.

PLEASE NOTE: BIDS WILL NOT BE ACCEPTED VIA EMAIL, MAIL, THROUGH eVA OR IN

PERSON.

PUBLIC BID OPENING WILL BE HELD ON MICROSOFT TEAMS.

NOVEMBER 25, 2025 @ 3:30PM. A link for the Public Bid Opening is listed in the event calendar in Bonfire.

QUESTIONS/INQUIRIES: Submit all inquiries through Mason’s Bonfire Portal, no later than 4:00 PM Eastern Time

(ET) on November 12, 2025. All questions must be submitted through Mason’s Bonfire portal. For assistance with technical questions related to Bonfire, contact Support@GoBonfire.com or visit Bonfire’s help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub. Responses to questions will be posted to Mason’s Bonfire portal by 5:00 PM ET on November 14, 2025.

IMPORTANT! All communication with bidders will take place in Bonfire. Mason can only message bidders that have interacted with this specific IFB. Please ensure the appropriate person to handle IFB communication has submitted your bid in Bonfire.

In Compliance With This Invitation For Bid And To All The Conditions Imposed Herein, The Undersigned Offers And Agrees To Furnish The Services At The Price Indicated In SECTION X, PRICING SCHEDULE.

Name and Address of Firm:

Legal Name: Date:

DBA:

Address:

By:

Signature

FEI/FIN No. Name:

Fax No. Title:

Email: Telephone No.

SWaM Certified: Yes: No: (See Section V. SWaM CERTIFICATION for complete details).

SWaM Certification Number:

This public body does not discriminate against faith-based organizations in accordance with the Governing Rules, § 36 or against a Bidder/Offeror because of race, religion, color, sex, national origin, age, disability, or any other prohibited by state law relating to discrimination in employment.

https://gmu.bonfirehub.com/ https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub

Table of Contents

I. PURPOSE:

II. PURCHASING MANUAL/GOVERING RULES:

III. COMMUNICATION:

IV. FINAL CONTRACT:

V. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION:

VI. SWaM CERTIFICATION:

VII. SMALL BUSINESS SUBCONTRACTING PLAN:

VIII. SCOPE OF WORK:

IX. CONTRACT ADMINISTRATION:

X. PRICING SCHEDULE:

XI. SOLICITATION TERMS AND CONDITIONS:

XII. METHOD OF PAYMENT:

ATTACHMENT A – SMALL BUSINESS SUBCONTRACTING PLAN

ATTACHMENT B – VENDOR DATA SHEET

ATTACHMENT C – STANDARD CONTRACT

I. PURPOSE:

The purpose and intent of this Invitation for Bids (IFB) is to establish a term contract and pricing schedule with one or more qualified sources, on an “as needed” basis for aquatic pool chemicals and supplies for George Mason University’s (hereinafter called “Mason” or “University”) Aquatic & Fitness Center (Fairfax Campus) and Freedom Aquatic & Fitness Center (Prince William Campus). George Mason University (herein after referred to as “Mason,” or “University”) is a public institution of higher education and agency of the Commonwealth of Virginia.

Campus maps available at: https://info.gmu.edu/campus-maps-and-directions/

II. PURCHASING MANUAL/GOVERING RULES:

This solicitation and any resulting contract shall be subject to the provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendor's, and any revisions thereto, and the Governing Rules, which are hereby incorporated into this contract in their entirety. A copy of both documents is available for review at: https://vascupp.org

III. COMMUNICATION:

Communications regarding this Invitation For Bids shall be formal from the date of issuance until a contract has been awarded.

Unless otherwise instructed bidders are to communicate with only the Procurement Officers listed on the cover page. Bidders are not to communicate with any other employees of Mason.

IV. FINAL CONTRACT:

For goods or “spot” purchases vendors will be awarded a contract through the issuance of a purchase order. However, for term service contracts Mason’s standard two party contract will be required. ATTACHMENT C to this solicitation is Mason’s standard two-party contract. It is the intent of this solicitation to base the final contractual documents off of Mason’s standard two-party contract and Mason’s General Terms and Conditions. Any exceptions to our standard contract and General Terms and Conditions must be denoted in your bid response. Other documents may be incorporated into the final contract, either by way of attachment or by reference, but in all cases this contract document and Mason’s General Terms and Conditions shall jointly take precedence over all other documents and will govern the terms and conditions of the contract.

As a public institution of higher education and agency of the Commonwealth of Virginia, Mason cannot agree to any of the following terms in any documents:

a) An express or implied waiver of sovereign immunity.

b) An agreement to indemnify, defend or hold harmless any entity.

c) An agreement to maintain insurance.

d) An agreement providing for binding arbitration.

e) An agreement providing for the payment of attorneys' fees, costs of collection, or liquidated damages.

f) Waiver of jury trial.

g) Choice of law or venue other than the Commonwealth of Virginia.

Contracts will only be issued to the FEI/FIN Number and Firm listed on the signed cover page submitted in your IFB response.

Joint IFBs will not be accepted.

Note: The Bidder must include any and all terms and conditions, additional documents, and/or statements of work that could potentially be incorporated into a final contract or apply during the term of a resulting contract. As outlined in Attachment C – Standard Contract, Statements of Work (“SOW”) for specific engagements may only include the work to be performed during scope of the specific engagement. Additional terms and conditions will not be accepted on any SOW submitted during the course of the contract. All SOW’s must be on a form approved by Mason prior to the start of the contract.

In addition to the above note, the Bidder must submit with their bid any agreement that Mason would be required to sign with a third party.

V. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION:

The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution by completing the free eVA Vendor Registration. All bidders or offerors agree to self-register in eVA and pay the Vendor Transaction Fees prior to being awarded a contract. Registration instructions and transaction fees may be viewed at: https://eva.virginia.gov/.

VI. SWaM CERTIFICATION:

Vendor agrees to fully support the Commonwealth of Virginia and Mason’s efforts related to SWaM goals. Upon contract execution, eligible vendors (as determined by Mason and the Virginia Department of Small Business and Supplier Diversity) https://info.gmu.edu/campus-maps-and-directions/ https://vascupp.org/ https://eva.virginia.gov/ shall submit all required documents necessary to achieve SWaM certification to the Department of Small Business and Supplier Diversity within 90 days. Vendors currently SWaM certified agree to maintain their certification for the duration of the contract and shall submit all required renewal documentation at least 30 days prior to existing SWaM expiration.

https://www.sbsd.virginia.gov/.

VII. SMALL BUSINESS SUBCONTRACTING PLAN:

All potential bidders are required to fill out and submit Attachments A to be considered responsive.

Note: Invoices shall only be submitted to Mason by the entity awarded a contract. Subcontractors cannot submit invoices to Mason under any resulting contract.

VIII. SCOPE OF WORK:

The contractor shall furnish and deliver aquatic pool chemicals and supplies as outlined below and actual Pricing Schedule in Bonfire to be completed by the Offeror.

A. Deliveries shall be made to Mason’s Fairfax and Prince William (Science and Technology Campus) Campuses. See link to Campus Maps for location details.

B. Delivery is required within 2-3 business days after receipt of order.

C. All pricing shall be firm, fixed, delivered (inside delivery, FOB destination) unit pricing. No other charges shall be allowed.

D. Mason requires brand name only where specified. No substitutions will be considered. SEE PRICE SCHEDULE IN BONFIRE FOR LIST OF POOL CHEMICALS. To be completed by offeror

E. All quantities listed in Bonfire, PRICE SCHEDULE, are estimates of annual usage only and shall not be considered a guarantee or purchase. Purchases will be made on “AS NEEDED” Basis.

F. MSDS sheets must be provided for each chemical with each bid.

IX. CONTRACT ADMINISTRATION:

Upon award of the contract, Mason shall designate, in writing, the name of the Contract Administrator who shall work with the contractor in formulating mutually acceptable plans and standards for the operations of this service. The Contract Administrator shall use all powers under the contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, or their designee(s) however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope of the work or change the basis for compensation to the contractor.

X. PRICING SCHEDULE:

Bidder shall provide pricing for POOL CHEMICALS listed in the Bonfire Pricing Schedule. Products offered shall reflect brand name or equal supplies. The salient physical, functional, and performance characteristics must be brand name or equal to the products listed in Bonfire. Mason is solely responsible in determining if non- “brand name” substitute products fully meet the salient characteristics.

Bidders are required to bid on all line items on the Bonfire Pricing Submission Form. Failure to bid on all line items will result in your bid being deemed non-responsive and rejected with the following exception:

Under the “Additional Responses” Tab of the Pricing Schedule, Bidders may elect (optional) to bid on Sodium Hypocholrite (Liquid Chlorine) for the Prince William Campus which requires delivery by pump truck for a 250 Gallon Reservoir (roughly 150 gallons every 2 weeks). This item is optional and bidders may elect to no bid. Mason reserves the right to award this particular item as a seperate award/contract based on Total Cost for the item.

XI. SOLICITATION TERMS AND CONDITIONS:

A. GENERAL TERMS & CONDITIONS:

https://www.sbsd.virginia.gov/ http://www.gmu.edu/resources/welcome/Directions-to-GMU.html?_ga=1.156918075.1085692926.1443125977

1. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $200,000, as a result of this solicitation, Mason will publicly post such notice on the DGS/DPS eVA web site (https://eva.virginia.gov/) for a minimum of 10 days.

2. CONFLICT OF INTEREST: By submitting a bid the bidder warrants that they have fully complied with the Virginia

Conflict of Interest Act; furthermore, certifying that they are not currently an employee of the Commonwealth of Virginia.

3. DEBARMENT STATUS: By submitting a bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

4. ETHICS IN PUBLIC CONTRACTING: By submitting a bid, bidders certify that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, 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.

5. LATE BIDS: To be considered for selection, bid must be received in Mason’s Bonfire Portal by the designated date and hour. The official time used in the receipt of bid is the bid due date and hour in Mason’s Bonfire Portal. Bids submitted after the due date and time has expired will not be accepted nor considered. Mason is not responsible for any delays related to Bonfire’s website or vendor registration process. It is the responsibility of the bidder to ensure that their bid is submitted by the designated date and hour.

6. MANDATORY USE OF MASON FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official

Mason form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, Mason reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, Mason may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of their bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the resulting contract or purchase order shall be effective unless reduced to writing and signed by the parties.

7. QUALIFICATIONS OF BIDDERS: Mason may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to Mason all such information and data for this purpose as may be requested. Mason reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. Mason further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy Mason that such bidder is properly qualified to carry out the obligations of the resulting contract or Purchase Order and to provide the services and/or furnish the goods contemplated therein.

8. TESTING AND INSPECTION: George Mason University reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

9. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable Mason to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equal product, such bid will be considered to offer the brand name product referenced in this solicitation.

B. SPECIAL TERMS AND CONDITIONS:

1. AWARD: George Mason University will make an award on the GRAND TOTAL SUM basis to the lowest responsive and responsible bidder meeting the requirements of the solicitation. Mason reserves the right to conduct any test it may deem advisable and to make all evaluations. Mason also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

2. ADDITIONAL USERS: It is the intent of this solicitation and resulting contract to allow for cooperative procurement.

Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the contractor(s), the resultant contract(s) will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the contractor(s) and shall fully and independently administer its use of the contract(s) to include contractual disputes, invoicing and payments without direct administration from the University. No modification of this contract or execution of a separate agreement is required to participate; however, the participating entity and the contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the contractor.

The University may require the contractor provide semi-annual usage reports for all entities accessing the contract. The University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the contractor to extend the contract. It is understood and agreed that the University is not responsible for the acts or omissions of any entity and will not be considered in default of the contract no matter the circumstances.

Use of any resulting contract(s) does not preclude any participating entity from using other contracts or competitive processes as needed.

3. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the sixty (60) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

4. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

5. ELECTRONIC BID SUBMISSION: ATTENTION: BIDS WILL NOT BE ACCEPTED VIA EMAIL, MAIL, THROUGH eVA, OR IN PERSON. Mason will only accept electronic bids submissions via Bonfire for this Invitation for Bid.

The following shall apply:

a. You must register with Bonfire and submit your bid, and it must be received prior to the submission deadline, by submitting through the online Bonfire portal at https://gmu.bonfirehub.com.

b. The Bidder must ensure the bids are uploaded and submitted through Bonfire sufficiently in advance of the bid deadline. Plan Ahead: It is the bidder’s responsibility to ensure that electronic bid submissions have sufficient time to make its way through Bonfire’s submission portal. Mason recommends you submit your bid the day prior to the due date.

c. Submissions by other methods will not be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled.

d. Bidders should contact Bonfire at support@gobonfire.com for technical questions related to submission or visit

Bonfire’s help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub.

e. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

f. All solicitation schedules are subject to change.

g. Go to Bonfire and Mason’s Purchasing website for all updates and schedule changes.

https://fiscal.gmu.edu/purchasing/do-business-with-mason/view-current-solicitation-opportunities/

h. All communication withBidders will take place in Bonfire, to include negotiations. Mason can only message Bidders that have interacted with this specific IFB. Please ensure the appropriate person to handle negotiations and other IFB https://gmu.bonfirehub.com/ mailto:support@gobonfire.com https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub https://fiscal.gmu.edu/purchasing/do-business-with-mason/view-current-solicitation-opportunities/ notifications has submitted the bid in Bonfire.

6. SPECIAL EDUCATIONAL OR PROMOTIONAL DISCOUNTS: The contractor shall extend any special educational or promotional sale prices or discounts immediately to Mason. Such notice shall also advise the duration of the specific sale or discount price.

XII. METHOD OF PAYMENT:

PLEASE NOTE: THE VENDOR MUST REFERENCE THE PURCHASE ORDER NUMBER ON ALL INVOICES SUBMITTED

FOR PAYMENT.

☐ Option #1- Payment to be mailed in 10 days-The University will make payment to the vendor under 2%/10 Net 30 payments terms. Invoices should be submitted via email to the designated Accounts Payable email address which is: AcctPay@gmu.edu

The 10 day payment period begins the first business day after receipt of proper invoice or receipt of goods, whichever occurs last. A paper check will be mailed on or before the 10th day.

☐ Option #2- To be paid in 20 days. The vendor may opt to be paid through our Virtual Payables credit card program. The vendor shall submit an invoice and will be paid via credit card on the 20th day from receipt of a valid invoice. The vendor will incur standard credit card interchange fees through their processor. All invoices should be sent to:

George Mason University Accounts Payable Department 4400 University Drive, Mailstop 3C1 Fairfax, Va. 22030 Voice: 703.993.2580 | Fax: 703.993.2589 e-mail: AcctPay@gmu.edu

☐ Option#3- Net 30 Payment Terms. Vendor will enroll in Paymode-X where all payments will be made electronically to the vendor’s bank account. To sign up for electronic payments, please contact the Paymode-X Enrollment Team at 1-800-331- 0974 or email enrollment@paymode-x.com. The enrollment team can assist you with any questions about the enrollment process and setting up the membership

Please check your payment preference or note it in your bid response.

mailto:AcctPay@gmu.edu mailto:AcctPay@gmu.edu

ATTACHMENT A – SMALL BUSINESS SUBCONTRACTING PLAN

Bidders must advise any portion of this contract that will be subcontracted. All potential bidders are required to include this document with their bid response in order to be considered responsive.

Small Business: "Small business (including micro)” means a business which holds a certification as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date for bids. This shall also include DSBSD certified women- owned and minority-owned businesses and businesses with DSBSD service disabled veteran owned status when they also hold a DSBSD certification as a small business on the bid due date. Currently, DSBSD offers small business certification and micro business designation to firms that qualify.

Certification applications are available through DSBSD online at www.SBSD.virginia.gov (Customer Service).

Bidder Name:

Preparer Name: Date:

Who will be doing the work: □ I plan to use subcontractors □ I plan to complete all work

Instructions A. If you are certified by the DSBSD as a micro/small business, complete Section A of this form.

B. If the “I plan to use subcontractors” box is checked, complete Section B of this form. For the bid to be considered and the bidder to be declared responsive, the bidder shall identify the portions of the contract that will be subcontracted to any subcontractor, to include DSBSD certified small business for the initial contract period in relation to the bidder’s total price for the initial contract period in Section B.

Section A If your firm is certified by the DSBSD provide your certification number and the date of certification.

Certification number: Certification Date:

Section B If the “I plan to use subcontractors” box is checked, populate the requested information below, per subcontractor to show your firm's plans for utilization of any subcontractor, to include DSBSD-certified small businesses, in the performance of this contract for the initial contract period in relation to the bidder’s total price for the initial contract period. Certified small businesses include but are not limited to DSBSD-certified women-owned and minority-owned businesses and businesses with DSBSD service disabled veteran-owned status that have also received the DSBSD small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc. It is important to note that these proposed participation will be incorporated into the subsequent contract and will be a requirement of the contract. Failure to obtain the proposed participation dollar value or percentages may result in breach of the contract.

Plans for Utilization of Any subcontractor, to include DSBSD-Certified Small Businesses, for this Procurement

Subcontract #1 Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

Subcontract #2 Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

Subcontract #3 Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

Subcontract #4 Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

Subcontract #5 Company Name: SBSD Cert #:

Contact Name: SBSD Certification:

Contact Phone: Contact Email:

Value % or $ (Initial Term): Contact Address:

Description of Work:

ATTACHMENT B - VENDOR DATA SHEET

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid non-responsive.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements. Bidders shall have a minimum of five (5) years’ experience providing the required services.

2. Vendor’s Primary Contact: Name: _________________________ Phone: ______________________

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

__________ Years ________ Months

1. References: Indicate below a listing of at least three (3) current or recent accounts, preferably from other comparable higher education institutions, that your company is servicing, has serviced, or has provided similar goods/services.

A. Company: _________________________________ Contact: ____________________________________

Phone :(_____) ______________________________ Fax: (_____) _______________________________ e-mail address: _________________________________

B. Company: Contact:

C. Company: _________________________________ Contact: ____________________________________

D. Company: _________________________________ Contact: ____________________________________

I certify the accuracy of this information:

Signed: __________________________________ Title: ____________________________

Printed Name: ____________________________ Date: ____________________________

ATTACHMENT C - STANDARD CONTRACT

Note: Other documents may be incorporated into this document, either by way of attachment or by reference, but in all cases this contract document shall take precedence over all other documents and will govern the terms and conditions of the contract.

This Contract entered on this ____ day of , 2025 (Effective Date) by ________________ hereinafter called “Contractor” (located at ____________) and George Mason University hereinafter called “Mason,” “University”.

I. WITNESSETH that the Contractor and Mason, in consideration of the mutual covenants, promises and agreement herein contained, agree as follows:

II. SCOPE OF CONTRACT: The Contractor shall provide for the of

George Mason University as set forth in the Contract documents.

During the term of this Contract, Contractor may issue Statements of Work (“SOW”) to modify the scope of the engagement or otherwise change the work to be performed under this Contract. All SOW’s must be on a form approved by Mason prior to the start of this Contract. Any SOW that does not conform to the pre-approved SOW form shall be void even if approved by Mason. Additionally, the SOW shall be limited to modifications to the scope of the engagement or other changes to the work to be performed under this Contract; any other terms contained in a SOW shall be void and have no effect even if approved by Mason. Other than changes to the scope of the engagement or the work to be performed under this Contract, Contractor may not change, modify, add, supersede, or remove any term from this Contract through a SOW.

George Mason may, upon written notice, terminate any individual Statement of Work (“SOW”) issued under this Contract for convenience, without terminating the Contract as a whole. Termination of a SOW shall be effective immediately after receipt of written notice. Upon termination of a SOW, George Mason shall be liable only for payment of services actually performed and accepted up to the effective date of termination, reimbursable expenses incurred prior to the effective date of termination (if applicable and in accordance with the SOW), and any non-cancellable commitments expressly authorized in the SOW.

Termination of an SOW shall not affect the validity or enforceability of the Contract or any other SOWs then in effect.

III. PERIOD OF CONTRACT: One year from the Effective Date with four (4) successive one-year renewal options. (or as negotiated)

IV. PRICE SCHEDULE: The pricing specified in this section represents the complete list of charges from the Contractor. Mason shall not be liable for any additional charges.

Negotiated price schedule will be inserted here.

V. CONTRACT ADMINISTRATION: ___________ shall serve as Contract Administrator for this Contract and shall use all powers under the Contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All direction and order from Mason shall be transmitted through the Contract Administrator, however, the Contract Administrator shall have no authority to approve changes which shall alter the concept or scope or change the basis for compensation.

VI. METHOD OF PAYMENT: As selected from IFB Payment Term Options / Method of Payment. Contractor shall submit invoices directly to acctpay@gmu.edu and copy the Contract Administrator. Invoices must reference a Mason Purchase Order number to be considered valid. Invoices will only be accepted if submitted after services rendered or goods received. All invoice will be paid Net 30 (or as selected in Payment Terms / Method of Payment), after receipt of invoice in the accounts payable email inbox.

VII. THE CONTRACT DOCUMENTS SHALL CONSIST OF (In order of precedence):

A. This signed form;

B. Negotiation Response(s) dated XXXXX (attached);

C. IFB No. GMU-XXXX-XX, in its entirety (attached);

D. Contractor’s bid dated XXXXXX (attached);

E. Contractor’s Statement of Work template (attached).

Purchasing Department 4400 University Drive, MS 3C1, Fairfax, VA 22030 Phone: 703.993.2580; http://fiscal.gmu.edu/purchasing/ mailto:acctpay@gmu.edu

VIII. GOVERNING RULES: This Contract is governed by the provisions of the Restructured Higher Education Financial and

Administrative Operations Act, Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia, and the “Governing Rules” and the Purchasing Manual for Institutions of Higher Education and their Vendors. Documents may be viewed at:

https://vascupp.org.

IX. CONTRACT PARTICIPATION: It is the intent of this Contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access this Contract if authorized by the Contractor.

Participation in this Contract is strictly voluntary. If authorized by the Contractor, the contract will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the Contractor and shall fully and independently administer its use of the contract to include contractual disputes, invoicing and payments without direct administration from the University. No modification of this Contract or execution of a separate agreement is required to participate; however, the participating entity and the Contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the Contractor.

The University may request the Contractor provide semi-annual usage reports for all entities accessing the Contract. The University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the Contract. It is understood and agreed that the University is not responsible for the acts or omissions of any entity and will not be considered in default of the contract no matter the circumstances.

Use of this Contract does not preclude any participating entity from using other contracts or competitive processes as needed.

X. STANDARD TERMS AND CONDITIONS:

A. APPLICABLE LAW AND CHOICE OF FORUM: This Contract shall be construed, governed, and interpreted pursuant to the laws of the Commonwealth of Virginia. All disputes arising under this Contract shall be brought before an appropriate court in the Commonwealth of Virginia.

B. ANTI-DISCRIMINATION: By entering into this Contract, Contractor certifies to the Commonwealth 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 §§ 9&10 of the Governing Rules. If Contractor is 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 a 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 by the public body. (Governing Rules, § 36).

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, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there 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 these requirements.

2. The Contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, https://law.lis.virginia.gov/vacode/title23.1/chapter10/ https://vascupp.org/ so that the provisions will be binding upon each subcontractor or Contractor.

C. ANTITRUST: By entering into this Contract, the Contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under this Contract.

D. ASSIGNMENT: Neither party will assign or otherwise transfer its rights or obligations under this Contract without both parties’ prior written consent. Any attempted assignment, transfer, or delegation without such consent is void.

E. AUDIT: The Contractor shall retain all books, records, and other documents relative to this Contract for five (5) years after final payment. Mason, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

F. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Mason shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this Contract.

G. AUTHORIZED SIGNATURES: The signatory for each Party certifies that he or she is an authorized agent to sign on behalf such Party.

H. BACKGROUND CHECKS: Prior to any of Contractors employees, agents, or subcontractors (collectively

"Personnel") performing services on any Mason campus, Contractor shall, at its sole expense, obtain comprehensive background checks on all Personnel. Such background checks shall include, at minimum: a review of the Personnel's records to include social security number search, local and federal criminal records (any misdemeanor convictions and/or felony convictions), the Sex Offender Registry, and the SanctionsBase+ Search or equivalent. In addition, for sensitive financial work or when operating a motor vehicle in the performance of duties for Mason, the background investigation shall include a credit report or motor vehicle check, respectively. Contractor warrants that all such Personnel have successfully passed these background checks and are qualified to perform the contracted services.

Contractor shall maintain records of all background checks and make them available to Mason upon request. Mason reserves the right to deny access to its premises to any Personnel based on the results of these background checks or for any other reason at Mason’s sole discretion. Contractor shall immediately remove any Personnel from Mason’s premises upon Mason’s request. Signature on this Contract confirms your compliance with this requirement.

I. CANCELLATION OF CONTRACT: Mason reserves the right to cancel this Contract, in part or in whole, without penalty, for any reason, upon 60 days written notice to the Contractor. Upon written notice of cancellation from Mason, Mason shall be fully released from any further obligation under the Contract and Contractor agrees to directly refund all payments, for services not already performed, to Mason, including any pre-paid deposits, within 14 days. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

J. CHANGES TO THE CONTRACT: Changes can be made to this Contract in any of the following ways:

1. The parties may agree in writing to modify the scope of this Contract.

2. Mason may order changes within the general scope of Contract at any time by written notice to Contractor.

Changes within the scope of this Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. Contractor shall comply with the notice upon receipt. Contractor shall be compensated for any additional costs incurred as the result of such order and shall give Mason a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Mason’s right to audit Contractor’s records and/or to determine the correct number of units independently; or

c. By ordering Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. Contractor shall present Mason with all vouchers and records of expenses incurred and savings realized. Mason shall have the right to audit the records of Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to Mason within thirty (30) days from the date of receipt of the written order from Mason. If the Parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Contractors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this Contract shall excuse the Contractor from promptly complying with the changes ordered by Mason or with the performance of the contract generally.

K. CLAIMS: 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 a claim shall be 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 payment.

1. The Contractor must submit written claim to:

Chief Procurement Officer George Mason University 4400 University Drive, MSN 3C5 Fairfax, VA 22030

2. The Contractor must submit any unresolved claim in writing no later than 60 days after final payment to the Chief Procurement Officer.

3. Upon receiving the written claim, the Chief Procurement Officer will review the written materials relating to the claim and will mail their decision to the Contractor within 60 days after receipt of the claim.

4. The Contractor may appeal the Chief Procurement Officer’s decision in accordance with §55 of the

Governing Rules.

L. COLLECTION AND ATTORNEY’S FEES: The Contractor shall pay to Mason any reasonable attorney’s fees or collection fees, at the maximum allowable rate permitted under Virginia law, incurred in enforcing this Contract or pursuing and collecting past-due amounts under this Contract.

M. COMPLIANCE: All goods and services provided to Mason shall be done so in accordance with any and all applicable local, state, federal, and international laws, regulations and/or requirements and any industry standards, including but not limited to: the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH), Government Data Collection and Dissemination Practices Act, Gramm-Leach-Bliley Financial Modernization Act (GLB), Payment Card Industry Data Security Standards (PCI-DSS), Americans with Disabilities Act (ADA), and Federal Export Administration Regulations. Any Contractor personnel visiting Mason facilities will comply with all applicable Mason policies regarding access to, use of, and conduct within such facilities. Mason’s policies can be found at https://universitypolicy.gmu.edu/all-policies/ and any facility specific policies can be obtained from the facility manager.

N. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Contractor shall ensure that personally identifiable information (“PII”) which is defined as any information that by itself or when combined with other information can be connected to a specific person and may include but is not limited to personal identifiers such as name, address, phone, date of birth, Social Security number, student or personal identification numbers, driver’s license numbers, state or federal identification numbers, biometric information, religious or political affiliation, non-directory information, and any other information protected by state or federal privacy laws, will be collected and held confidential and in accordance with this Contract, during and following the term of this Contract, and will not be divulged without the individual's and Mason's written consent and only in accordance with federal law or the Code of Virginia.

O. CONFLICT OF INTEREST: Contractor represents to Mason that its entering into this Contract with Mason and its performance through its agents, officers and employees does not and will not involve, contribute to nor create a conflict of interest prohibited by Virginia State and Local Government Conflict of Interests Act (Va. Code 2.2-3100 et seq), the Virginia Ethics in Public Contracting Act (§57 of the Governing Rules), the Virginia Governmental Frauds Act https://universitypolicy.gmu.edu/all-policies/

(Va. Code 18.2 – 498.1 et seq) or any other applicable law or regulation.

P. CONTINUITY OF SERVICES:

1. The Contractor recognizes that the services under this Contract are vital to Mason and must be continued without interruption and that, upon Contract expiration, a successor, either Mason or another contractor, may continue them. The Contractor agrees:

a. To exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor;

b. To make all Mason owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the Contract to facilitate transition to successor; and

c. That the University Procurement Officer shall have final authority to resolve disputes related to the transition of the Contract from the Contractor to its successor.

2. The Contractor shall, upon written notice from the Procurement Officer, furnish phase-in/phase-out services for up to ninety (90) days after this Contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Procurement Officer’s approval.

3. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after Contract expiration that result from phase-in, phase-out operations).

All phase-in/phase-out work fees must be approved by the Procurement Officer in writing prior to commencement of said work.

Q. DEBARMENT STATUS: As of the Effective Date, the Contractor certifies that it is not currently debarred by the

Commonwealth of Virginia from submitting bids or proposals on contracts for the type of services covered by this Contract, nor is the Contractor an agent of any person or entity that is currently so debarred.

R. DEFAULT: In the case of failure to deliver goods or services in accordance with this Contract, Mason, after due oral or written notice, may procure them from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which Mason may have.

S. DRUG-FREE WORKPLACE: Contractor has, and shall have in place during the performance of this Contract, a drug-free workplace policy (DFWP), which it provides in writing to all its employees, vendors, and subcontractors, and which specifically prohibits the following on company premises, during work-related activities, or while conducting company business: the sale, purchase, manufacture, dispensation, distribution possession, or use of any illegal drug under federal law (including marijuana). For purposes of this section, “drug-free workplace” covers all sites at which work is done by Contractor in connection with this Contract.

T. ENTIRE CONTRACT: This Contract constitutes the entire understanding of the Parties with…