1-RFP R-LD-27000 Industrial Hygiene Services.pdf

RFP #R-LD-27000

Prince Willilam County Public Schools

14715 Bristow Road Manassas, Virginia 20112

Telephone: (703) 791-7200 www.pwcs.edu

RFP Cover Sheet

RFP#: R-LD-27000

Title: Industrial Hygiene Services Issue Date: September 10, 2026 Procurement Officer: Lesley Dean, VCO, VCA Email: Purchasing@pwcs.edu

RFP Due Date and Time: Electronic Proposals will be received until 2:00 p.m. local prevailing time on October 1, 2026, for providing the services as described herein. Proposals must be received by PWCS by the due date and time specified.

Electronic Proposal Submission: PWCS utilizes the Bonfire procurement portal for the receipt and evaluation of proposals. Proposals in response to this Request for Proposals (RFP) must be submitted electronically through the Bonfire Portal. Submission through Bonfire is mandatory unless otherwise expressly stated in the RFP.

Except where an alternative submission method is expressly authorized in the RFP, PWCS will not accept proposals submitted by paper, telephone, facsimile (FAX), electronic mail (e-mail), or any method other than the Bonfire Portal.

Registration is free and available through the Bonfire website. Technical assistance is available on the site or by contacting Bonfire Support at support@gobonfire.com.

PWCS strongly encourages Offerors to submit proposals well in advance of the submission deadline. Uploading documents alone does not constitute a completed submission. A proposal is considered successfully submitted only when all required documents have been uploaded, and the "Submit & Finalize" step has been completed in Bonfire prior to the deadline.

For purposes of determining timely receipt, the official date and time recorded by the Bonfire system shall govern.

Pre-Proposal Conference: No pre-proposal conference is scheduled.

http://www.pwcs.edu/ mailto:Purchasing@pwcs.edu https://pwcs.bonfirehub.com/portal/?tab=openOpportunities mailto:support@gobonfire.com

Contract Term:

Term Contract On-Call / As-Needed

Effective from January 1, 2027, through December 31, 2027. Contract may be renewed for up to five (5) additional successive one-year periods.

Multiple Awards. PWCS reserves the right to make multiple awards as a result of this RFP.

Inquiries and Comments Regarding the RFP: All questions and comments concerning the specifications, scope of work, terms and conditions, or other provisions of this RFP must be submitted through the Bonfire Portal no later than 11:00 a.m. on September 22, 2026. If unable to submit through Bonfire, Offerors may submit inquiries via email to purchasing@pwcs.edu, attention of the Procurement Officer identified above.

As contemplated by VA. Code § 2.2-4316, the purpose of the inquiry period is to allow prospective Offerors to seek clarification of the requirements of this RFP and to submit comments concerning the specifications or other provisions of the RFP. Responses to inquiries deemed relevant to the RFP will be posted via addendum through the Bonfire Portal for the benefit of all prospective Offerors. Oral representations or interpretations shall not be binding.

Notice: Requests for records, documents, or information unrelated to clarification of this RFP should be submitted as a request for records pursuant to the Virginia Freedom of Information Act following the procedures available on PWCS’ website.

TERMS & CONDITIONS: This RFP is subject to the terms, provisions, and requirements of the procurement policies and regulations adopted by the Prince William County School Board dba Prince William County Public Schools (or “PWCS”), as more specifically set forth or referenced within the RFP. All requirements, attachments, schedules, or exhibits referenced within the RFP or attached thereto, and any addenda to the RFP issued hereafter are incorporated into this RFP by reference, as if set forth herein verbatim. The RFP Package is available through the Bonfire Portal. The RFP cover page is posted on the Commonwealth of Virginia’s electronic procurement system, eVA, at www.eva.virginia.gov. Offerors must observe all RFP instructions.

mailto:purchasing@pwcs.edu http://www.eva.virginia.gov/

By executing this RFP cover sheet, the undersigned offeror acknowledges that they have read the contents of this RFP, understand it, and agrees to be bound by its terms and conditions.

OFFEROR INFORMATION:

Legal Name of Offeror: _______________________________________________

Principal Office Address of Offeror: ___________________________________________

By (signature of Offeror’s agent): _________________________________________

Name (print name of Offeror’s agent): __________________________________________

Title (print): ________________________________________________

Date: ______________________________________________________

Phone: ____________________ Email: ________________________________

In accordance with Virginia Code § 2.2-4343.1, as amended, PWCS does not discriminate against faith-based organizations. PWCS does not discriminate against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

NOTICE TO POTENTIAL OFFERORS:

• By submitting a proposal, each offeror certifies:

o That the individual(s) who sign(s) the RFP cover sheet, and the offeror’s proposal, are duly authorized to bind the offeror to the terms, provisions, and requirements of the RFP, and the matters set forth within the offeror’s proposal;

o 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 Virginia Code § 18.2- 498.1, et seq. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and o That the accompanying proposal complies with applicable provisions of the State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100, et seq.).

Specifically, without limitation, no PWCS employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and that the accompanying proposal is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (Virginia Code § 2.2-4367, et seq.), and any other applicable law as set forth therein.

Throughout the RFP, the term “potential offeror” means a person who is engaged in the sale or lease of goods, or the sale of services, insurance, or construction, of the type to be procured by PWCS and who is eligible and qualified in all respects to perform that contract, and the term “offeror” refers to a potential offeror who submits a proposal in response to the RFP. The terms “contractor” and “successful offeror” each refer to an offeror who, following an award resulting from this competitive negotiations process, has entered into a binding public contract with

PWCS.

TABLE OF CONTENTS

RFP Cover Sheet

I. PURPOSE

II. BACKGROUND

III. DESCRIPTION OF GOODS AND SERVICES TO BE PROCURED

IV. INSTRUCTIONS TO OFFERORS

V. BASIS FOR AWARD

VI. GENERAL CONDITIONS

VII. CONTRACTUAL TERMS AND CONDITIONS

ATTACHMENT A – SCC REGISTRATION

ATTACHMENT B – PROPRIETARY INFORMATION IDENTIFICATION

ATTACHMENT C – PROPOSAL QUESTIONNAIRE

I. PURPOSE

Through this competitive negotiation process PWCS seeks to procure comprehensive industrial hygiene and environmental consulting services subject to the terms, provisions, and requirements stated in the RFP.

II. BACKGROUND

PWCS is located 35 miles southwest of Washington, D.C. and 80 miles north of Richmond, Virginia. The county encompasses 348 square miles and stretches from the Potomac River to the Bull Run Mountains.

As of September 30, 2025, PWCS had an enrollment of 89,731 students from PK-12, making it the second largest school division in the Commonwealth of Virginia. The school system currently operates 62 elementary schools, 17 middle schools, 13 high schools, three combined schools (two serving grades 1–8 and one serving Kindergarten–8), and three other educational institutions.

PWCS employs 17,503 staff, including 517 administrative and 448 classified positions. PWCS utilizes a structured grade and step‑based salary system incorporating initial step placement and longevity step progression to ensure internal equity and market competitiveness. New employees are placed based on verified prior experience, alignment with position qualifications, and established placement guidelines. For employees who reach the top of the pay scale, longevity steps provide continued salary growth in recognition of sustained service and to support retention.

III. DESCRIPTION OF GOODS AND SERVICES TO BE PROCURED

PWCS seeks one or more qualified vendors to provide comprehensive industrial hygiene and environmental consulting services.

The successful offeror shall have the qualifications, personnel, licenses, certifications, equipment, and resources necessary to perform all phases of the services described below.

Work will be authorized on an as-needed basis through individual task orders. The scope of each task order will identify the specific services, deliverables, schedule, and applicable site conditions.

The services may include, but are not limited to, the following:

Requirement 1 - Asbestos-Containing Materials

Provide asbestos-related consulting and industrial hygiene services in accordance with all applicable federal, state, and local requirements. Services may include:

1. Building inspections and surveys to identify suspected asbestos-containing materials.

2. Collection and laboratory analysis of bulk material samples.

3. Review and interpretation of existing asbestos inspection reports, management plans, drawings, and laboratory data.

4. Preparation and updating of asbestos management plans, inventories, and facility records.

5. Development of abatement project designs, technical specifications, drawings, cost estimates, phasing plans, and bid documents.

6. Pre-construction and pre-renovation asbestos assessments.

7. Abatement contractor oversight, project monitoring, air sampling, visual inspections, and clearance testing.

8. Response to accidental disturbances, fiber-release episodes, and other asbestos-related emergencies.

9. Preparation of final reports, closeout documentation, waste shipment record reviews, and recommendations for corrective action.

10. Regulatory consultation and assistance with notifications, permitting, and compliance documentation.

Requirement 2 - Lead-Based Paint and Lead Hazards

Provide lead-related assessment, design, monitoring, and compliance services. Services may include:

1. Lead-based paint inspections, risk assessments, and hazard evaluations.

2. Collection and laboratory analysis of paint-chip, dust-wipe, soil, water, and other applicable samples.

3. Identification and evaluation of lead-containing coatings and materials that may be disturbed during maintenance, renovation, or demolition.

4. Preparation of lead abatement or lead-hazard control designs, specifications, drawings, cost estimates, and bid documents.

5. Contractor oversight, exposure monitoring, containment inspections, clearance testing, and project closeout services.

6. Evaluation of employee exposure and recommendations for compliance with applicable occupational lead standards.

7. Development of lead compliance plans, occupant protection plans, and response procedures.

8. Regulatory consultation, reporting, and assistance with applicable notification and documentation requirements.

Requirement 3 - Indoor Air Quality

Provide investigation, assessment, monitoring, and consultation services related to indoor air quality and indoor environmental conditions. Services may include:

1. Evaluation of complaints involving odors, irritation, discomfort, respiratory concerns, humidity, ventilation, or suspected contaminants.

2. Review of building conditions, occupancy patterns, maintenance practices, and heating, ventilation, and air-conditioning (HVAC) system operation.

3. Measurement of temperature, relative humidity, carbon dioxide, carbon monoxide, particulate matter, volatile organic compounds, and other parameters as appropriate.

4. Collection and analysis of air, surface, dust, or material samples when technically justified.

5. Evaluation of ventilation effectiveness, moisture conditions, filtration, pressurization, and potential contaminant pathways.

6. Identification of potential sources and contributing conditions.

7. Preparation of written findings, data summaries, corrective-action recommendations, and follow-up verification reports.

8. Support during emergency events, occupant concerns, renovation activities, water intrusions, or HVAC failures.

Requirement 4 - Occupational Exposure Assessment

Provide occupational exposure evaluations for chemical, physical, biological, and ergonomic hazards. Services may include:

1. Development of exposure-monitoring strategies and sampling plans.

2. Personal and area monitoring for airborne contaminants, including dust, fibers, fumes, vapors, gases, and aerosols.

3. Evaluation of noise, heat stress, cold stress, illumination, vibration, radiation, and other physical hazards.

4. Assessment of potential biological exposures and workplace sanitation concerns.

5. Evaluation of employee work practices, engineering controls, administrative controls, and personal protective equipment.

6. Comparison of monitoring results with applicable regulatory limits, consensus standards, and recognized occupational exposure guidelines.

7. Preparation of exposure assessment reports and recommendations for corrective action, medical surveillance, respiratory protection, or additional monitoring.

8. Assistance with regulatory inquiries, employee concerns, and incident investigations.

Requirement 5 - Mold and Moisture

Provide assessment, remediation design, monitoring, and consultation services for mold, microbial growth, and moisture-related building conditions. Services may include:

1. Visual assessments and moisture investigations.

2. Use of moisture meters, infrared imaging, humidity measurements, and other diagnostic tools.

3. Identification of water intrusion, condensation, elevated humidity, plumbing failures, HVAC deficiencies, or other contributing conditions.

4. Collection of air, surface, bulk, or dust samples when sampling is determined to be appropriate.

5. Development of remediation protocols, technical specifications, containment requirements, and cost estimates.

6. Remediation contractor oversight, containment inspections, progress monitoring, and post-remediation verification.

7. Evaluation of affected porous and nonporous materials and recommendations for cleaning, removal, or replacement.

8. Preparation of written findings, photographic documentation, corrective-action recommendations, and final reports.

Requirement 6 - Water Quality Monitoring

Provide assessment, sampling, analysis, and consultation services related to potable water, wastewater, process water, cooling systems, and other water-quality concerns. Services may include:

1. Development of sampling plans and selection of appropriate analytical parameters.

2. Collection of water samples using applicable regulatory and industry protocols.

3. Analysis for lead, copper, bacteria, metals, chemicals, disinfectant residuals, and other contaminants or water-quality indicators.

4. Evaluation of drinking-water complaints, discoloration, odors, taste concerns, stagnation, and potential contamination.

5. Assessment of water-management practices and building water systems.

6. Support for Legionella and other waterborne-pathogen evaluations when requested.

7. Interpretation of laboratory results and comparison with applicable standards and guidance.

8. Preparation of reports, corrective-action recommendations, flushing plans, resampling plans, and communication materials.

Requirement 7 - General Project Requirements

For each authorized task, the successful offeror may be required to provide one or more of the following:

1. Project planning, site visits, meetings, scheduling, and coordination with School Board representatives, occupants, contractors, regulatory agencies, and other stakeholders.

2. Sampling plans, health and safety plans, quality assurance and quality control procedures, and chain-of-custody documentation.

3. Laboratory analysis by appropriately accredited laboratories.

4. Field notes, photographs, drawings, maps, data tables, analytical results, and other supporting documentation.

5. Preliminary findings, verbal updates, draft reports, final reports, and executive summaries.

6. Prepare project-specific technical specifications, work plans, drawings, sketches, and other documentation necessary to define the environmental scope of remediation, abatement, hazardous materials, indoor air quality, mold, asbestos, or other environmental work.

7. Develop quantities and opinions of probable cost for the environmental portion of a project, when requested by PWCS.

8. Provide technical assistance during procurement, including responding to environmental questions, reviewing bids for conformance with the environmental scope of work, and reviewing contractor submittals related to environmental controls, work practices, products, personnel qualifications, and regulatory documentation.

9. Provide environmental construction-phase support, including participation in preconstruction meetings, site observations, project monitoring, air sampling, clearance testing, documentation, and verification that environmental work is performed in accordance with applicable regulations, contract requirements, technical specifications, and approved work plans.

10. Provide environmental project closeout services, including review of waste disposal documentation, manifests, laboratory reports, clearance documentation, regulatory notifications, and other project-specific environmental records.

11. Provide professional recommendations that clearly identify observed conditions, applicable requirements, corrective actions, priorities, and limitations of the assessment.

12. Provide emergency or expedited services outside normal business hours when authorized by the School Board.

The successful offeror(s) shall perform all work in accordance with applicable federal, state, and local laws and regulations; recognized industry standards; manufacturer requirements; and School Board policies and procedures.

All reports, drawings, specifications, maps, databases, photographs, sampling results, design documents, construction documents, electronic files, and other work products produced under the resulting contract shall become the property of the Prince William County School Board and may be used, reproduced, modified, or distributed by the School Board for its operational and project needs.

IV. INSTRUCTIONS TO OFFERORS

A. SUBMISSION AND RECEIPT OF PROPOSALS. Unless otherwise specified in the RFP, all proposals must include the cover sheet, page 3 which has been signed by the individual authorized to bind the offeror and be submitted as described on the cover pages of this RFP.

1. PROPOSAL SUBMISSION: Submit one electronic proposal clearly marked “original,” and one electronic proposal clearly marked “redacted”. The redacted copy is only required if invoking Code of Virginia § 2.2-4342F (provide Attachment B).

2. USE OF ARTIFICIAL INTELLIGENCE (AI) IN PROPOSAL PREPARATION -

DISCLOSURE REQUIREMENT: If an Offeror uses AI tools to assist in preparing their proposal, the Offeror must provide a brief disclosure stating:

i. That AI was used in the development of any part of the proposal; and

ii. That the Offeror has reviewed, verified, and accepts full responsibility for the accuracy, completeness, and originality of all content submitted.

3. PROPOSAL PACKAGE. Each proposal should be marked to identify the RFP number and title, and offeror’s name. Each offeror’s proposal should include all forms, documents, and information required by the RFP. All signature lines must contain the signature of the offeror’s duly authorized agent.

4. SUBMISSION RESPONSIBILITY. Offerors are solely responsible for ensuring the timely and complete submission of their proposals. PWCS assumes no responsibility for delays, technical issues, internet connectivity problems, incomplete uploads, user errors, or any other circumstance that may prevent the successful submission of a proposal before the deadline. However, nothing in this RFP precludes PWCS from requesting additional information at any time during the procurement process.

5. INCLEMENT WEATHER. If PWCS offices are not operating under normal staffing levels or if the location for receipt of proposals is inaccessible due to inclement weather or other emergency situations at the published time, the proposal submission shall default to the next regular business day at the same time.

6. DISABILITY ACCOMMODATION. If offeror is an individual with a disability and offeror requires a reasonable accommodation related to completion and submission of its proposal, please notify the Procurement Officer named on the RFP cover sheet three working days prior to need.

B. OFFEROR QUALIFICATIONS. The RFP may refer to capabilities, licenses, certifications, or other qualifications required or preferred by PWCS with respect to potential offerors. Each offeror submitting a proposal in response to the RFP thereby represents and warrants that it is, at the time of such submission, engaged in the sale or lease of goods, or the sale of services, insurance, or construction, of the type to be procured by PWCS, and that it is eligible and qualified in all respects to perform the contract requirements as set forth in the RFP. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition.

C. PROPOSAL FORMAT. To facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instructions outlined in this subsection and should structure the proposal so that it contains individual tabs/sections that mirror Attachment C.

1. Offeror’s responses should be prepared as simply as possible with straightforward, concise descriptions of their capabilities to satisfy the requirements of this RFP. Hyperlinks or references to external websites may be included for informational purposes. However, PWCS is under no obligation to access, review, or consider information available through such links or websites. Offerors are encouraged to provide within their proposal all information necessary for evaluation. Expensive bindings, color displays, promotional materials, etc., are not needed. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All information should be presented in a non-technical format to ensure understanding. Use native, searchable text (no images of text). Avoid screenshots of resumes/tables;

submit resumes and tables as text. Submit accessible, searchable PDFs (tagged) or native DOCX files. If PDF is provided, ensure text is selectable, and bookmarks mirror the section tabs. Use consistent headings that reference requirement IDs (e.g., Requirement 2.3’). Clearly label any attachments and exhibits with descriptive filenames. All responses should be tailored specifically for PWCS.

2. PWCS encourages proposals that provide innovative alternatives to address PWCS’ requirements as described in the RFP. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or included at the end of the proposal and designated as additional material.

3. Detailed Submittal Format. Complete and submit the following as a complete response to this RFP:

• RFP cover sheet signed;

• Addenda acknowledgement, if applicable;

• Attachment A – Virginia State Corporation Commission (SCC) Registration

Information form;

• Attachment B – Proprietary Information Designation

• Attachment C – Questionnaire

• Artificial Intelligence Disclosure Statement, if applicable

D. PROPOSAL VALIDITY PERIOD. Proposals must remain valid and binding upon the offeror for a period of 120 calendar days after the deadline stated in the RFP for receipt of proposals.

V. BASIS FOR AWARD

A. COMPETITIVE NEGOTIATION. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, based on the factors involved in the RFP, including price if so stated in the RFP. Negotiations shall then be conducted with each of the selected offerors. If, as part of its Proposal, offeror stated in writing any exception(s) to the contractual terms, conditions, or provisions--including any liability provisions contained in the RFP, those exceptions shall be considered during negotiation but shall not be used as a basis for scoring or evaluating which offerors are selected for negotiations. Price shall be considered during negotiations but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, PWCS shall select the offeror which, in its opinion, has made the best proposal and award the contract to that offeror. When the terms and conditions of multiple awards are provided in the RFP, awards may be made to more than one offeror. Should PWCS 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. Notwithstanding the foregoing: (i) if the terms and conditions for multiple awards are included in the RFP PWCS may award contracts to more than one offeror, or (ii) should PWCS determine in writing and in its sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

B. EVALUATION COMMITTEE. An Evaluation Committee (EC) has been established to review and evaluate all proposals submitted in response to this RFP. The EC will conduct a preliminary evaluation of all proposals based on the evaluation criteria listed within this RFP.

C. CONTACT WITH EVALUATION COMMITTEE. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the EC or any person involved in the evaluation of the proposals. Failure to comply with this directive may, at the sole discretion of PWCS, result in the disqualification of an offeror from the procurement process.

D. PROPOSAL EVALUATION CRITERIA. Proposals shall be evaluated by PWCS using the following evaluation criteria:

1. Specific plans or methodology to be used to perform the services. The ability, capacity, and skill of the firm to perform the work described herein in a manner consistent with PWCS’ goals and standards. Weight: 40%

2. Qualifications and Experience. Weight: 30%

3. Price. Weight: 30%

E. ON-SITE VISITS. PWCS reserves the right to make on-site visits to assess the capabilities of individual offerors and to contact references provided with the proposal.

The PWCS Procurement Office, or designee, may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

F. REVIEW OF PROPOSALS.

1. Each offeror should provide a complete, thorough proposal with the offeror’s most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors shall submit such additional material by the deadline provided by PWCS.

2. PWCS may cancel this RFP or reject any or all proposals.

VI.GENERAL CONDITIONS

A. INSURANCE REQUIREMENTS. Each successful offeror agrees to obtain and maintain the following minimum insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the offeror, his agents, representatives, employees, or subcontractors for the duration of a contract awarded under this RFP. Current insurance certificates documenting compliance with required insurance must be delivered by an offeror to PWCS’ Procurement Officer prior to award of any contract and thereafter, a contractor shall provide an updated certificate of insurance upon request at any time. Upon request, an offeror or successful offeror, as applicable, shall also deliver to PWCS certified copies of all required insurance policies. If any contractual obligations of a contractor are sublet, these same insurance requirements shall apply to each subcontractor to cover their operations and contractor shall provide PWCS with subcontractors’ insurance certificates and certified copies of subcontractors’ insurance policies upon request. The coverages and limits specified below are minimum requirements and in no way limit a contractor’s liability. With the exception of Workers Compensation, all policies shall include PWCS and its public officials, employees, agents, and volunteers as additional insureds or be endorsed to provide such coverage. Any immunity available to PWCS shall not be used as a defense by the contractor's insurance provider(s). All policy(ies) shall be primary over any other valid and collectible insurance carried by PWCS.

• Commercial General Liability (CGL): covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 General Aggregate.

• Automobile Liability: Covering any auto, or if offeror has no owned autos, covering hired, and non-owned autos, with limit no less than $1,000,000 combined single limit per accident for bodily injury and property damage.

• Workers Compensation: statutory limits for the Commonwealth of Virginia or, if contractor performs in multiple jurisdictions, contractor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement

• Employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professional liability/errors and omissions insurance: $1,000,000 each Occurrence/Aggregate or other minimum limits of coverage specified by the Code of Virginia, whichever is greater

• Excess or Umbrella Liability Policy: The contractor may use Umbrella or Excess Policies to provide the required liability limits. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying primary policies. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Any insurance policies written on a claims-made basis shall include the following provisions: i) the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work and; (ii) contractor’s insurance coverage shall be maintained in effect for a period of two years after the date of final payment under the contract and such continuing coverage is subject to a retroactive date that corresponds with the date on which contractor commenced performance of the contract, or (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor shall purchase “extended reporting” coverage for a minimum of two years after date of final payment under the contract.

All contractors shall provide thirty days (30) notice of cancellation of any insurance policy. Each of the policies shall include a waiver of subrogation against PWCS, its officers, employees, agents and volunteers.

The insurance specified herein shall be with an insurance company acceptable to the parties hereto and licensed to do business in the Commonwealth of Virginia. All insurance must be obtained before any work is commenced and kept in effect until its completion. If any of the work is sublet, similar insurance shall be obtained by or on behalf of the subcontractor to cover their operation.

B. COOPERATIVE PROCUREMENT. This procurement is being conducted by PWCS in accordance with the provisions of Virginia Code § 2.2-4304 (B), as amended. If agreed to by the contractor, other public bodies may utilize this contract, except for 1) contracts for architectural and engineering services; or, 2) construction contracts. The contractor shall deal directly with any public body it authorizes to use the contract.

PWCS, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the contractor and any other public bodies, and in no event shall PWCS, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a PWCS contract. PWCS assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

C. PROPRIETARY INFORMATION. Virginia Code § 2.2-4342(F), as amended, states:

“Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of §2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Virginia Code § 2.2- 4342(F), as amended, is not properly invoked then the proposals will be subject to disclosure pursuant to applicable law.

D. INVOICES. Invoices for goods and services ordered and delivered shall be submitted by the contractor to the remittance address shown on the purchase order. All invoices shall show the contract number, description of the goods and services, and contract price as applicable. PWCS’ obligation to pay amounts due under the contract shall be contingent upon receipt of invoices in sufficient detail to permit identification of the goods and services.

E. CHANGES.

1. PWCS may, at any time, by written order, require changes in the services to be performed by the contractor. If such changes cause an increase or decrease in the contractor’s cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. The PWCS Procurement Officer, or designee, must approve all work that is beyond the scope of this RFP.

2. No services for which an additional cost or fee will be charged by the contractor shall be furnished without the prior written authorization of the PWCS Procurement Officer, or designee.

F. QUALITY EXPECTATION STATEMENT. PWCS, through its quality initiative, is a recognized leader in providing quality goods and services at the most effective cost possible. Therefore, PWCS fully expects, requires, and shall hold all Contractors, and all agents, staff, representatives, and subcontractors of the contractor, responsible for, and accountable to, the highest quality standards of professional workmanship, goods and services. In the spirit of the PWCS’ total quality improvement initiative, the contractor shall be expected to perform or provide goods and services products with a target of “zero defects – zero rework.”

G. SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESS USE. As required by Va. Code § 2.2-4310, PWCS facilitates the participation of small businesses, businesses owned by women, minorities, and service-disabled veterans, military family-owned businesses, and employment services organizations in procurement transactions. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to these certified businesses. The Virginia Department of Small Business and Supplier Diversity’s certification database is available at https://www.sbsd.virginia.gov/directory/.

H. REFERENCES. If requested, the offeror shall provide references which substantiate past performance of contracts and experience in the specific type of services, or in the provision of the specific types of goods, that is/are sought to be procured by PWCS.

PWCS may contact all references furnished by offerors. The right is further reserved by PWCS to contact persons other than, and/or in addition to, those identified as references by the offeror.

I. DELIVERY FOB DESTINATION. Any goods provided pursuant to this RFP shall be delivered FOB Destination to the PWCS using department, at the time and place https://www.sbsd.virginia.gov/directory/ specified in the contract documents. Unless otherwise specified in the RFP, each case, container, package, etc., delivered under the contract must be plainly marked, stating the contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

J. SAFETY.

1. The contractor, its employees and subcontractors shall comply with all current applicable local, state and federal policies, regulations and standards relating to occupational health and safety, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health (VOSH) Compliance Program administered by the Virginia Department of Labor and Industry (DOLI). The provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia and issued by DOLI under Title 40.1 of the Code of Virginia shall apply to all work under the contract. The contractor shall provide, or cause to be provided, all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the contractor.

2. If the contract awarded pursuant to this RFP will require contractor to perform services in PWCS premises, the contractor shall provide an on-site supervisor who is competent, qualified, and authorized on the worksite, and who is familiar with policies, regulations and standards applicable to the work being performed.

The supervisor shall be capable of identifying existing and predictable hazards inherent in or reasonably to be anticipated with respect to performance of the services and shall be capable of ensuring compliance with all applicable safety and health regulations and shall have the authority and responsibility to take prompt corrective measures, which may include removal of contractor’s employees, subcontractors, or invitees from the PWCS premises. Nothing herein shall preclude PWCS’ personnel from ejecting Contractor, its employees, subcontractors, or invitees from any PWCS premises when they present a risk to safety or welfare of any person(s) or risk of damage to PWCS property.

3. Any activities of the contractor determined to be hazardous by PWCS shall be immediately discontinued by the contractor upon receipt of either a written or verbal notice from PWCS to discontinue such activities.

4. If requested by the PWCS Project Manager, the contractor shall provide a written health and safety plan for the project prior to proceeding with work.

K. TAXES. PWCS is exempt from payment of Federal Excise Tax and State and Local Sales and Use Tax on all tangible personal property purchased or leased by PWCS for its use or consumption. Tax exemption certification will be furnished upon request. Contractors are not exempt from paying taxes on these materials and supplies, as they are considered a cost of doing business and should be considered in pricing when preparing a proposal.

L. OFFICIALS NOT TO BENEFIT. By signing the proposal, each Offeror certifies that, to the best of its knowledge, no PWCS official or employee having official procurement responsibility, as provided in Article 6 of the Virginia Public Procurement Act, nor any member of such official's or employee's immediate family, has received or will receive any financial benefit of more than nominal value relating to the award of this contract.

If such a benefit has been received or will be received, the Offeror shall disclose this information with its proposal or promptly upon becoming aware that such a benefit has been or will be received. Failure to disclose the information required by this provision may result in suspension or debarment, rescission of any resulting contract, or may affect payment pursuant to the terms of the contract.

M. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH. An offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the offeror is not required to be so authorized. Any offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this Article is granted by the Superintendent of PWCS. The Virginia State Corporation Commission’s entity search is available via the Clerk’s Information System available at the following website: https://cisiweb.scc.virginia.gov/z_container.aspx.

N. ANNOUNCEMENT OF AWARD. Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner: posting of a written notice in Bonfire and on the Commonwealth of Virginia’s e-procurement site, eVA, at www.eva.virginia.gov.

O. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, order forms, terms of service, and other similar documents, of any nature, that the successful Offeror will require PWCS to sign for or in connection with any contract resulting from this RFP must be submitted along with the Contractor’s proposal or as part of the parties’ discussion/negotiations process. No such documents shall be added subsequent to PWCS’ announcement of the award or intent to award a contract; contractor’s request to add such document at such state shall be grounds for PWCS to rescind the notice of award or cancel the award and contract, without penalty. Under no circumstances shall PWCS enter into or accept any contractual terms or provision (i) that materially conflict with any requirement(s) of this RFP, (ii) that affect the price, quality, quantity or delivery schedule for any goods or services, (iii) that are in conflict with Commonwealth of Virginia law (“Virginia law”), including, without limitation, any requirement of the Virginia Public Procurement Act (iv) that conflict with any policy or regulation adopted by PWCS governing the operation of its public schools, or (v) that would, in PWCS’ sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to PWCS’ needs.

P. DEBARMENT STATUS: By submitting a proposal, each offeror certifies that (i) it is not currently debarred by the Commonwealth of Virginia or any department, agency, political subdivision, or other state or local governmental body from submitting bids/proposals on contracts for the type of goods and/or services covered by this RFP, https://cisiweb.scc.virginia.gov/z_container.aspx http://www.eva.virginia.gov/ nor is the offeror an agent of any person or entity that is so debarred, (ii) it is not debarred by the Virginia Tax Commissioner pursuant to Va. Code §58.1-1902; and

(iii) it is not listed on the Federal government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension” (the said SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549).

Q. SCHOOL CONTRACTOR CERTIFICATION:

1. Every adult who is convicted of a “Tier III offense” as that term is defined in Code of Virginia §9.1-902, as amended, is prohibited from entering or being present on

(1) the PWCS Premises during school hours, and during school-related or school-sponsored activities upon the PWCS Premises; (2) any school bus as defined in Code of Virginia § 46.2-100, and (3) any other premises or property used by PWCS for or in connection with school-related or school-sponsored events or activities.

Any violation of these prohibitions is punishable as a Class 6 felony, per Code of Virginia §18.2-370.5

2. By submitting their proposal, offerors acknowledge that any contract resulting from this RFP for services may require Contractor, Contractor’s employees or other persons within Contractor’s control to have direct contact with PWCS students on school property, including virtual services, during regular school hours or during school-sponsored activities. As evidenced by the Offeror’s authorized signature on this document, Offeror hereby certifies to PWCS that all persons who will provide such services for or on behalf of the Offeror on public school property, including virtual services, have not been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Section 19.2-392.02 of the Code of Virginia; any offense involving the sexual molestation, physical, or sexual abuse or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude.

VII. CONTRACTUAL TERMS AND CONDITIONS

A. CONTRACT EXECUTION. The contract awarded as a result of this RFP shall consist of terms and provisions required by the RFP and any other terms/provisions negotiated and mutually agreed to by the parties, as acknowledged and set forth in a written agreement signed by PWCS and the successful offeror.

B. CONTRACT RENEWAL. Contract Term, Automatic Renewal, and Price Adjustments: The initial term of this Contract shall be for one (1) year from the date of award. Thereafter, the Contract shall automatically renew for up to five (5) successive one-year renewal terms unless terminated in accordance with the Contract or unless either party provides written notice of its intent not to renew at least ninety

(90) calendar days prior to the expiration of the then-current term.

No action by PWCS shall be required to effectuate an automatic renewal. All terms, conditions, specifications, and pricing shall remain unchanged during each renewal term unless modified by a written amendment executed by both parties.

Contract pricing shall remain firm for each contract term. Any request for a price adjustment must be submitted by the Contractor in writing to the Purchasing Office no less than ninety (90) calendar days prior to the expiration of the then-current term.

Any approved increase shall not exceed 3% or the percentage increase of the All- Urban Consumers category, not seasonally adjusted CPI measure of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the last twelve months for which statistics are available, whichever is less. Any price adjustment shall become effective only upon written approval by PWCS through a contract amendment. If the Contractor does not submit a timely request for a price adjustment, pricing shall remain unchanged for the upcoming renewal term.

PWCS reserves the right to reject any requested price adjustment. Rejection of a requested price adjustment shall not affect the automatic renewal of the Contract unless either party provides timely notice of its intent not to renew.

C. CONTRACT EXTENSION. PWCS has the right to extend this contract for up to one hundred eighty (180) days following any term on the contract.

D. CONTRACT MODIFICATION. The contract shall not be amended, modified, or otherwise changed except by a written agreement signed by both parties in the same manner and with the same formality as the original contract.

E. CONTRACT PRICE/FEE REDUCTIONS. PWCS’ contract officers must ensure that contract terms, conditions, and prices are commensurate with PWCS’ needs. PWCS recognizes that prices for goods, products, and services is affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific PWCS contract performance requirements.