2-Specs for Air-Cooled Chiller @ Whitman MS (Drawings) (002).pdf

AIR-COOLED CHILLER REPLACEMENT

AT

WHITMAN MIDDLE SCHOOL

2500 PARKERS LANE

ALEXANDRIA, VA 22306

INVITATION FOR BID# MMB-026-26

Bidders are advised that the Contract Documents for this Project will require the payment of prevailing wages to all mechanics, laborers, and other workers of every tier in accordance with the Fairfax County Prevailing Wage Ordinance and Virginia Code § 2.2-4321.3 (the “Prevailing Wage Requirements”). In addition to payment of prevailing wages, the successful Bidder’s obligations with respect to the Prevailing Wage Requirements applicable to this Contract also include, but are not limited to, compliance with the certification, posting, and recordkeeping requirements set forth therein. Additional information regarding the Prevailing Wage Requirements can be viewed on the following webpages:

https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance https://doli.virginia.gov/prevailing-wage-law/ (scroll down to “Prevailing Wage Contractor Responsibilities”)

IMPORTANT NOTICE: AS REQUIRED BY VIRGINIA LAW, THIS IS AN ELECTRONIC

(eBID) PROCUREMENT AND BID SUBMISSIONS WILL ONLY BE ACCEPTED ELECTRONICALLY VIA THE BONFIRE PORTAL (https://fcps.bonfirehub.com). Fairfax County Public Schools (FCPS) uses a procurement portal powered by Bonfire Interactive for receipt of proposals. To register, visit https://fcps.bonfirehub.com. Additional assistance is also available at Support@GoBonfire.com. Submission of bids via the Bonfire portal is mandatory. FCPS will not accept bids submitted by other means, including paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail), in response to this IFB.

Reference Invitation for Bid, Sections 3 and 4 for additional information.

FCPS strongly encourages offerors to submit bids through the Bonfire portal well in advance of the bid submission deadline. A bid submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed in the Bonfire portal. Offerors are responsible for the consequences of any failure to plan ahead in the submission of their bids to FCPS.

OFFICE OF FACILITIES MANAGEMENT

5025 SIDEBURN ROAD

FAIRFAX, VA 22032-2637

(703) 764-2457

In the event of inclement weather that closes the Fairfax County Public Schools Central or Administrative Offices, bids will be due and opened at the same time, the following business day that offices are open. To confirm closing, visit us online at www.fcps.edu.

https://doli.virginia.gov/prevailing-wage-law/ http://www.fcps.edu/

FAIRFAX COUNTY PUBLIC SCHOOLS

WHITMAN MIDDLE SCHOOL

TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT

FORMS, AND CONDITIONS OF THE CONTRACT

INVITATION FOR BID 1-2

INSTRUCTIONS TO BIDDERS 3-13

BID FORM 14-16

BID BOND 17-19

PERFORMANCE BOND 20-23

PAYMENT BOND 24-27

GENERAL CONDITIONS 28-49

GENERAL REQUIREMENTS 50-53

TECHNICAL SPECIFICATIONS 54-70

DRAWINGS Applicable

INVITATION FOR BID

INVITATION FOR BID (IFB)

1. INTENT:

It is the intent of this contract to remove (1) one air-cooled chiller and associated piping and replace them with (1) one new air-cooled chiller and associated piping at the specified location.

Work shall include all associated demolition rigging, piping, equipment, electrical equipment, controls, insulation, patching, painting, and related work as shown on the project drawings and as detailed in these specifications to provide a complete and fully operational installation.

2. NOTICE OF IFB:

Notice is hereby given that Fairfax County School Board (“Owner”) will receive bids electronically for the Air-Cooled Chiller Replacement, before 10:00 a.m. on October 30, 2025. Original bid security will be received, and time stamped by the official bid clock (see Section 4B, Bid Security) before 10:00 a.m., on October 30, 2025, in Room 62, Sideburn Support Center, 5025 Sideburn Road, Fairfax, VA 22032.

3. REQUIREMENT FOR ELECTRONIC SUBMISSION OF BIDDING DOCUMENTS:

In order to be eligible for consideration under this IFB, Bidders must submit their bidding document (Bid Form) electronically using a procurement portal powered by Bonfire Interactive, for submission and acceptance of bidding documents. The documents are posted on Owner’s website at the following URL: https://www.fcps.edu/get-involved/doing-business-fcps/facilities-management-current-solicitations. Physical delivery of original bid security is required (see Section 7). To register for use of the Bonfire platform, bidders are instructed to visit and create a free account at https://fcps.bonfirehub.com. Assistance with registration and use of the Bonfire platform is available by emailing Support@goBonfire.com or calling 1 (800) 354-8010 and selecting option 2.

4. PROCEDURE FOR SUBMISSION OF BIDDING DOCUMENTS:

Bidders are advised of the following procedure for submission of bidding documents for this IFB:

A. Bid Form: Bidders must submit their completed Bid Form electronically using the Bonfire platform at https://fcps.bonfirehub.com before 10:00 a.m. on October 30, 2025.

B. Bid Security: Bidders must submit their Bid Security to the Owner before 10:00 a.m.

on October 30, 2025 as follows: Bidders are instructed to submit their original, signed Bid Bond or alternate form of bid security permitted hereunder (i.e. original, signed cashier’s or certified check or cash escrow) by physical delivery to the Owner in a sealed, opaque envelope that is time-stamped by the Owner before the Due Date and Time. The envelope shall be labeled with Bidder’s name and “Bid Bond for IFB No. ______” and shall be addressed as follows:

Fairfax County Public Schools

Department of Facilities and Capital Programs Office of Facilities Management 5025 Sideburn Road, Room 62

Fairfax, Virginia 22032

In order to be eligible for award, a Bidder must submit its Bid Form to the Bonfire platform before the Due Date and Time.

https://www.fcps.edu/get-involved/doing-business-fcps/facilities-management-current-solicitations https://www.fcps.edu/get-involved/doing-business-fcps/facilities-management-current-solicitations https://fcps.bonfirehub.com/ mailto:Support@goBonfire.com https://fcps.bonfirehub.com/

INVITATION FOR BID

5. VIRTUAL BID OPENING:

The Air-Cooled Chiller Replacement at Whitman Middle School, bid opening will be held on

October 30, 2025, at 10:00 a.m. via Google Meet. You may join the meeting as early as 9:45 a.m. The Google Meet link and dial-in number are set forth below.

A. Meeting Link for Bid Opening:

Video call link: https://meet.google.com/wkn-yjsu-vtp

6. IN-PERSON VIEWING OF BID OPENING:

In addition to the livestream bid opening, in-person viewing of the bid opening will be held in

Room 59. Enter the building at the above referenced address at the front entrance and turn right, and Room 59 is first door on the right.

7. Bidders are advised that the Contract Documents for this Project require the payment of prevailing wages to all mechanics, laborers, and other workers of every tier in accordance with the Fairfax County Prevailing Wage Ordinance and Virginia Code § 2.2-4321.3 (the “Prevailing Wage Requirements”). The successful Bidder’s obligations with respect to the Prevailing Wage Requirements applicable to this Contract also include, but are not limited to, compliance with the certification, posting, and recordkeeping requirements set forth therein. Additional information regarding the Prevailing Wage Requirements can be viewed at the following webpage:

8. LUMP SUM:

Bids will be considered on a lump sum basis for the entire work described on the drawings and in the specifications.

9. DRAWINGS/SPECIFICATIONS:

Upon request to the Senior Buyer drawings and specifications may be examined, and one (1) set obtained at the Office of Facilities Management, Room 62, 5025 Sideburn Road, Fairfax, VA 22032-6009.

10. MINORITY/SMALL BUSINESS:

Minority contractors and small business enterprises are invited and encouraged to submit bids.

11. COMPLETION TIME:

The Contractor shall substantially complete the project within the time specified GENERAL CONDITIONS Item Number 16. Failure to complete this project within these specified dates without written agreement by FCPS Office of Facilities Management may result in the enforcement of liquidated damages or ineligibility to be awarded contracts on future FCPS Office of Facilities Management projects or both.

END OF SECTION

https://meet.google.com/wkn-yjsu-vtp

INSTRUCTIONS TO BIDDERS

1. QUALIFICATION OF BIDDER:

If a contract is for one hundred twenty thousand dollars ($120,000.00) or more, or if the total value of all construction removal, repair or improvements undertaken by the bidder within any twelve (12) month period is seven hundred fifty thousand dollars ($750,000.00) or more, the bidder is required under Title 54, Chapter 11, Code of Virginia (1950) as amended, to show evidence of being licensed as "Class A Contractor." (Non-Virginia licenses are not acceptable.) If a contract is seventy-five hundred dollars ($7,500.00) or more but less than one hundred twenty thousand dollars ($120,000.00) the bidder is required to show evidence of being licensed as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in over his signature whichever of the following notations is appropriate:

"Licensed Class A Virginia Contractor No. " "Licensed Class B Virginia Contractor No. "

The Code of Virginia does not allow an unlicensed contractor to submit a bid where the resultant contract will require a license.

2. LICENSE REQUIREMENT:

All firms doing business in Fairfax County shall obtain a license as required by Chapter 4, Article 7, of The Code of the County of Fairfax, Virginia, as amended, entitled "Business, Professional and Occupational Licensing (BPOL) Tax." Questions concerning the BPOL tax should be directed to the Office of Assessments, telephone (703) 222-8234.

3. REGISTERATION OF BUSINESS ENTITY:

Authorization to Transact Business in Virginia: By submitting a bid in response to this solicitation, the bidder represents and warrants as follows: (a) it has authorization to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law; and (b) it shall not allow its existence to lapse or its certification of authority or registration to transact business in Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of this Contract.

Certificate of Authority: Any foreign business entity transacting business in Virginia shall secure a certificate of authority as required by Title 13.1 or Title 50 of the Code of Virginia, from the State Corporation Commission, Post Office Box 1197, Richmond, Virginia 23209. The Commission may be reached at (804) 371-9733 or (800) 552-7945.

4. MANDATORY PRE-BID MEETING:

A mandatory pre-bid meeting will be held October 16, 2025* at 10:00 a.m. at Whitman Middle School, 2500 Parkers Lane, Alexandria, Virginia 22306. Contractors shall meet in the Lobby of the buildings front entrance to sign the meeting roster. NO ONE WILL BE ADMITTED AFTER 10:05 A.M.

* In the event of inclement weather on the date of the Mandatory Pre-Bid meeting that delays opening or closes the Fairfax County Public Schools Central or Administrative Offices, the meeting will be rescheduled by Addendum.

The purpose of the pre-bid meeting is to provide potential Bidders an opportunity to ask questions and obtain clarification about any aspect of this Invitation for Bid. Any changes or clarifications resulting from this pre-bid meeting will be issued in a written addendum.

It is important that all Bidders have a clear understanding of the specifications, scope of work, and requirements of this solicitation. Attendance at the pre-bid meeting will be a pre-requisite for submitting a Bid; attendance will be evidenced by the Contractor’s signature on the meeting roster. Bidder’s who do not attend the pre-bid meeting will not be permitted to submit a Bid. If a Bidder submits a Bid and did not attend the mandatory pre-bid meeting, the Bid will not be considered.

5. BIDDER'S QUESTIONS:

All contact between prospective Bidders and the Owner with respect to this solicitation will be formally held at scheduled meetings or will be conducted in writing through the Owner’s Office of Facilities Management. Except as expressly authorized herein, communications between prospective bidders, their agents and/or representatives and any representative of the Owner concerning interpretation of all or any portion of this solicitation are prohibited and may not be relied upon for any purpose. No interpretation of the meaning of these documents will be made to any bidder orally.

Any question or request for an interpretation must be in writing and submitted to the Owner by email, U.S. Mail, commercially recognized overnight delivery service, or hand delivery during business hours addressed as follows:

Amanda Hutchison, Senior Buyer, VCA Fairfax County Public Schools Department of Facilities and Capital Programs Office of Facilities Management 5025 Sideburn Road, Room 62 Fairfax, Virginia 22032 Telephone Number: (703) 764-2410 Email: alhutchison@fcps.edu

In order to be eligible for consideration, a question or request for interpretation must be received on or before the date that is three (3) days before the date established for the submission of bids.

6. ADDENDA:

Any and all such responses, interpretations and any supplemental instructions will be returned in writing to the prospective bidder requesting such interpretation or will be in the form of written addenda which, if issued, will be not later than two (2) days prior to the date fixed for submission of bids.

It shall be the responsibility of each bidder to monitor the Bonfire website for Addenda issued.

Notwithstanding any provision to the contrary, the failure of any bidder to monitor the Bonfire website or to otherwise receive any addenda shall neither constitute grounds for withdrawal of a bid nor relieve such bidder from any responsibility for incorporation of the provisions of any addenda into its bid.as submitted. All addenda so issued shall become part of the Contract Documents.

7. BID SECURITY:

Bids $100,000 or above require submission by bidder of bid security in the form of a certified or cashier's check, cash escrow, or a bid bond in an amount not less than five percent (5%) of the amount of the bid, made payable to the Fairfax County School Board. No other form of bid security is acceptable. The bid bond shall be issued by a surety company licensed to conduct business in Virginia and shall be in substantially the form herein provided. Bid security shall be submitted in accordance with Paragraph 4.B of the Invitation to Bid. Whether submitted in the form of a certified or cashier’s check, escrow, or bid bond, such bid security shall serve as a guarantee that the bidder will enter into a contract if awarded the work and, in case of refusal or failure to enter into said contract, the check, escrow, or bond will be declared forfeited to the Owner in accordance with its terms.

8. CONTRACT SECURITY:

A. For contracts $100,000 or above, the successful bidder, simultaneously with execution of the Contract, shall furnish a Performance Bond and a Payment Bond each in an amount equal to one hundred percent (100%) of the Contract price. Bonds shall be on the forms herein provided and shall be issued by a surety company licensed to conduct business in Virginia. The Owner reserves the right to request documentation from the surety company as to its financial capabilities, past experience, etc. In the event that the Contractor's surety company becomes insolvent, bankrupt or in any way is incapable of providing the services and/or security of the Performance and Payment Bonds, the Contractor shall within ten (10) days furnish a new Payment and a new Performance Bond to the Owner from a surety licensed to conduct business in Virginia. Any additional cost in securing new bonding will be the responsibility of the Contractor.

B. In lieu of a payment or performance bond, a bidder may furnish a certified check, cashier’s check, or cash escrow in the face amount required for the bond.

C. The Contractor shall have the option to require all subcontractors furnishing labor and materials under this Contract in excess of two thousand five hundred dollars ($2,500.00) to furnish to the successful bidder a payment bond in the amount of fifty percent (50%) of the work sublet to the Contractor.

9. BIDS:

A. In order to be eligible for consideration, bids shall be made in accordance with the following instructions:

1. Before submitting a bid, each bidder shall become familiar with the requirements of the Contract Documents and shall include in its bid prices a sum sufficient to cover the cost of all items and services described herein.

2. Bids shall be made upon the Bid Form prepared and furnished by the Owner, a copy of which is bound herein. Bids must contain a bid for each of the items shown on the bid form. Failure to complete all requested prices shall be cause for rejection of the bid. The signatures of all persons shall be in longhand. The completed form shall be without erasures, exceptions, or alterations.

3. Bidder are required to submit with their completed Bid Forms the Bid Bond (or other authorized bid security) and all attachments to the Bid Form. Failure to provide all required documentation with the Bidder’s response to this IFB may result in rejection of the Bid. In addition, a Bidder’s failure to sign the Bid Form

(or any attachment) or Bidder’s taking exception to the terms of any of the Contract Documents may result in rejection of its Bid.

4. Bids shall not contain any recapitulation of the work to be done, and alternate bids will not be considered unless called for. No oral, telegraphic bids or modifications will be considered.

5. Bid Forms will be electronically received electronically through the Bonfire Portal at https://fcps.bonfirehub.com/opportunities/private/fca2bad493786184f385fd8cc44 4407c9 or https://support.gobonfire.com . Assistance with registration and use of the Bonfire platform is available by emailing Support@goBonfire.com or calling 1-

(800) 354-8010 and selection option 2.

6. It is the Bidders’ responsibility to ensure their bidding document (Bid Form) is submitted electronically using the procurement portal powered by Bonfire Interactive, bearing the title of the work, name of bidder and bidder’s Virginia Contractor’s License Number.

Bids may be modified or withdrawn by bidders prior to, but not later than, the time fixed for the opening of same.

7. It is the sole responsibility of each bidder to deliver its bid in a timely through the Bonfire portal.

10. OPENING OF BIDS:

Bids will be opened and read aloud at the time and place set forth in the Invitation for Bid.

Bidders, or their representative, and other interested persons may be present at the opening of the bids.

11. LATE BIDS:

Any bids, original bid bonds, or unsolicited materials relating to a Bid that are received by the

Owner after the date and time specified for the submission of bidding documents will be deemed to have been received late and will be ineligible for consideration by the Owner. Bids, original bid bonds, or unsolicited materials relating to a bid deemed to have been received late will be returned to the Bidder unopened, providing that sufficient bid identification information is shown on the outside of the bid envelope.

12. WITHDRAWAL OF BIDS:

A. A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or materials made directly in the completion of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder must give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure. Any claim of a bidder for withdrawal shall be governed by Section 2.2-4330(B)(1) of the Code of Virginia, as amended.

https://fcps.bonfirehub.com/opportunities/private/fca2bad493786184f385fd8cc444407c9 https://fcps.bonfirehub.com/opportunities/private/fca2bad493786184f385fd8cc444407c9 https://support.gobonfire.com/ mailto:Support@goBonfire.com

B. No bid may be withdrawn when the result would be the awarding of this Contract to another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).

C. If a bidder is permitted to withdraw a bid under this section, he may not thereafter, for compensation, supply any material or labor, or perform any subcontract or other work agreement for the person or firm to whom the Contract is ultimately awarded, or otherwise benefit directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

13. REJECTION OF BIDS:

The Owner reserves the right to accept or reject any or all bids, and/or to waive any informality which does not affect the price, quality, quantity or delivery scheduling for the goods, services or construction being procured in any one or all bids received.

14. AWARD OF CONTRACT:

A. The Contract will be awarded, if at all, to the lowest responsive and responsible bidder complying with these instructions and the Invitation for bid. The responsibility of bidders will be considered in making the award.

B. Bids shall be made upon the Bid Form prepared and furnished by the Owner, a copy of which is bound herein. Bids must contain a bid for the base bid and unit prices shown on the bid form. Failure to complete all requested prices shall be cause for rejection of the bid. Bids shall be stated both in writing and in figures. The signatures of all persons shall be in longhand. The complete form shall be without erasures or alternations. Bids will be evaluated on the basis of a firm fixed price and award will be made to the lowest responsive and responsible bidder complying with all provisions of the Invitation for bid.

C. Unless cancelled or rejected, a responsive bid from the responsible bidder shall be accepted as submitted, except that if a bid from the responsive and responsible bidder exceeds available funds, then the Owner may negotiate with such responsive and responsible bidder to obtain a contract price that is within available funds.

Negotiation may be undertaken when there is insufficient time to re-advertise with a modified specification and/or there are not clearly definable elements of the specifications, which can be removed to permit a re-advertisement or it is otherwise in the best interest of the Owner to negotiate.

If negotiation is undertaken, the Owner may negotiate changes in the solicitation with the lowest responsive and responsible bidder to obtain a satisfactory price within available funds. If a satisfactory price cannot be agreed upon, then the negotiation shall be terminated, and the solicitation cancelled.

D. The Owner reserves the right to require any one or more bidders to submit the items specified in Subsection I below. Bidders are advised that it is the Owner’s intention not to award a contract hereunder to any bidder whose past performance shows his firm to be generally late in performance of contracts or services. The ability of the lowest bidder with to provide the required bonds will not in and of itself establish the responsibility of the bidder.

E. The Owner reserves the right to defer award of Contract for a period of forty-five (45) calendar days after due date of bids. Bid prices shall be binding for forty-five (45) calendar days following bid-opening date, unless extended by mutual consent of all parties.

F. A "responsive bidder" shall mean a bidder who has submitted a bid, which conforms, in all material respects, to the requirements of the bidding documents.

G. A "responsible bidder" shall mean a bidder who has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability, which will assure good faith performance. In determining responsibility, the following criteria will be considered:

1. The ability, capacity, and skill of the bidder to perform the Contract or provide the service required;

2. The ability of the bidder to perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

4. The quality of the bidder's performance on previous contracts or services;

5. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services;

6. The sufficiency or the financial resources and ability of the bidder to perform the

Contract or provide the service.

7. The quality, availability and adaptability of the goods or services to the particular use required;

8. When the bidder is in arrears to the Owner or the County, or has defaulted on a project for the Owner or the County, or is delinquent on taxes and assessments to the County or on amounts due the Owner;

9. Such other information as may be deemed by the Owner as having a bearing on the decision to award the Contract, including, but not limited to:

a. The ability, experience and commitment of the bidder properly to plan, schedule, coordinate, and execute the work under the Contract.

b. Whether the bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

H. The purpose of subparagraph G, above, is to enable the Owner to select the bid, which is in its best interests

I. The Owner reserves the right to require from any one or more bidders the following:

1. Upon request of Owner, Bidders agree to submit references within one (1) business day after the opening of the bid;

2. A list of a minimum of five (5) projects completed by the bidder within the last two

(2) years that are similar in size and scope to the services described herein; and

3. Financial statements indicating current financial status, prepared in accordance with generally accepted accounting principles, by a C.P.A. licensed to do business in Virginia.

J. Notice of intention to award a contract, as well as the award of the contract, will be posted on the website of the Owner’s website at the following URL:

https://www.fcps.edu/school-board/school-board-meetings While the school division staff may communicate procurement results to bidders or offerors, each bidder or offeror has the responsibility to monitor the website for its own purposes.

15. PROTEST OF AWARD OR DECISION TO AWARD:

A. Any bidder may protest the award or the decision to award this Contract by submitting a protest in writing to Fairfax County Public Schools (FCPS) Superintendent or Designee, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; however, that no protest shall lie for a claim that the selected bidder is not a responsible bidder.

The written protest must include the basis for the protest and the nature of the relief sought. The Owner’s Division Superintendent or Designee shall issue a decision in writing within ten (10) days after receipt of the protest, stating the reasons for the action taken.

This written decision shall be final unless the bidder appeals within ten (10) days after of receipt of the written decision by instituting legal action as provided in the Code of Virginia.

B. If, prior to the award, it is determined that the decision to award is arbitrary and capricious, then the sole relief shall be as hereinafter provided:

1. Where the award has been made but performance has not yet begun, the performance may be declared void by the School Board.

2. Where the award has been made and performance has begun, the Owner may declare the Contract void upon a finding that the action is in the best interest of the School Board.

3. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the Contract up to the time of declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest, the validity of the award shall not be affected by the fact that protest has been filed.

D. An award need not be delayed for the period allowed a bidder to protest, but in the event of a timely protest, no further action to award this Contract will be taken unless the Owner’s Division Superintendent or Designee makes a written determination that proceeding without delay is necessary to protest the public interest or that the bid offer will expire.

https://www.fcps.edu/school-board/school-board-meetings

16. APPEAL OF DETERMINATION OF NON-RESPONSIVENESS OR NON-RESPONSIBILITY:

A. Any bidder who, despite having the lowest bid, is determined not to be a responsive or responsible bidder for this Contract shall be notified in writing by the Owner. The written notice shall state the basis for the determination, and this determination shall be final unless the bidder appeals within ten (10) days after of receipt of the notice by instituting legal action as provided in the Code of Virginia. The bidder may not institute legal action until all statutory requirements have been met.

B. If it is determined that the Owner’s decision was arbitrary and capricious, or otherwise in error, and this Contract has yet to be awarded, the sole relief available to the bidder shall be a finding that the Bidder is a responsive and responsible bidder for this Contract.

C. If the award has already been made and performance has begun, then the Owner may declare the Contract void upon a finding that this action is in its best interests. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

17. SUBSTITUTIONS: NOT APPLICABLE

Unless otherwise provided in the bid documents, the name of a certain brand, make, or manufacturer is intended to restrict bidders to the specific brand, make, or manufacturer specified. Substitute materials proposed as equal to materials specified shall be submitted in writing to the Owner by the bidder with full substantiating data for evaluation no later than ten (10) days prior to bid opening; substitute materials shall not be considered for evaluation after this time period. Proposed substitute materials which equal or exceed the performance standard of the specified materials in the sole judgment of the Owner will be included in an "Approved Substitute Materials Bulletin" to be issued prior to the bid opening date.

For purposes of this solicitation and any resulting contract, the Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “pre-approved” shall signify only that such manufacturers, subcontractors and suppliers previously have submitted work samples to the Owner that satisfied the Owner’s requirements. The Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “pre-approved” shall in no event be deemed or construed to be a representation or warranty on the part of the Owner of any such manufacturer’s, subcontractor’s or supplier’s capability of or capacity for (in terms of financial wherewithal, personnel and equipment availability, managerial ability, product quality or otherwise) performing or furnishing any portion of the Work in accordance with the requirements of this solicitation. Each bidder shall conduct such independent investigation into the qualifications, experience and abilities of its selected manufacturers, subcontractors and suppliers, as it deems appropriate under the circumstances.

18. FORM OF CONTRACT:

The Contract Documents are defined in the General Conditions to consist of "The Standard Construction Contract Agreement between Owner and Contractor, the Conditions of the Contract (General Conditions), the Special Provisions, the Drawings, the Specifications, the Bid Form (including all attachments), the Invitation for Bid, the Instructions to Bidder, all Addenda issued prior to execution of the Contract, and all Modifications thereto."

19. VIRGINIA FAIR EMPLOYMENT ACT:

The Contractor shall comply with the Virginia Fair Employment Act.

20. SMALL, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES:

A. The Fairfax County Human Rights Ordinances and relevant Federal and State Laws, orders and regulations require Fairfax County to ensure that its procurement practices are non-discriminatory and promote equality of opportunity for Small, Minority and Women-Owned Business Enterprises.

B. Small Business/Organization is an independently owned and operated business which, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

C. Minority Business is a business concern that is at least 51 percent owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. Such individuals shall include Asian American, African American, Hispanic American, Native American, Eskimo or Aleut.

D. Woman-Owned Business is a business concern that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women who are U.S. citizens or legal resident aliens.

21. FAILURE TO EXECUTE CONTRACT:

In the event that the successful bidder, fails or refuses to execute the Contract within fifteen (15) days after he has received notice of the acceptance of his Bid, such bidder shall forfeit the bid security (which was submitted in form of Certified or Cashier's Check, cash escrow, or bid bond) with his Bid, as liquidated damages for such failure or refusal. The amount of such forfeiture will no exceed the lesser of: (a) the face amount of the bid security; and (b) the difference between the bid for which the bid security was provided and the next low bid for the Project.

22. SAFETY RESOLUTION:

Safety: The Contractor shall abide by, and shall be subject to, the Fairfax County Construction Resolution, as adopted by the Fairfax County Board of Supervisors on December 8, 2003, and as excepted and modified below:

A. It shall be required that each bid submitted for a contractor for construction, alteration, and/or repairs, or any other construction, shall include a list of all the following actions which have become final in the three years prior to the bid submission.

1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or

(c) the occupational safety and health plan for any other state; or

2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other state.

3. Termination of a contract between the Contractor and the County by the purchasing agent of his designee for safety violations.

B. If the bidder has not received or been the subject of any such violations in the three years prior to the bid submission, then the bidder shall so indicate by certification of Safety Violations. The bidder will also be indicated on this form each state in which work was performed in the three (3) years prior to the bid submission.

C. No construction contract, as discussed above, may be bid on by any bidder or Contractor who has been the subject of any citations for the type and number of violations listed in Paragraph A, above, which have become final within three (3) years prior to bid submission.

1. Notwithstanding the language of Paragraph C, above, any bidder or Contractor who has been the subject of a violation, as described in Paragraph A(1), which has become final within three (3) years prior to bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date the violation became final, if the bidder or Contractor satisfactorily passes eligibility evaluation.

2. Notwithstanding the language of Paragraph C, any bidder or Contractor who has been the subject of the type and number of violations as described in Paragraph A (2), which have become final within three (3) years prior to bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date the last such violation became final, if the bidder or Contractor satisfactorily passes an eligibility evaluation.

3. Notwithstanding the language of Paragraph C, above, any bidder or Contractor who has previously been terminated from a County contract, as described in Paragraph A(3), within three (3) years prior to the bid submission, may bid, after a mandatory waiting period of twelve (12) months from the date of termination, if the bidder or Contractor satisfactorily passes an eligibility evaluation.

D. Prior to bidding on a project under the provisions of Paragraph C above, a Contractor may request that a determination be made regarding its eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received no later than twenty-one (21) days before bids are due, unless otherwise stated in the Advertisement for Bid.

E. No Contractor or Subcontractor contracting for any part of the contract work shall require any laborer, mechanic, or other person employed in the performance of the Contract to work in surroundings or under working conditions which are hazardous or dangerous to his safety, as determined under construction safety standards promulgated by the U.S.

Department of Labor, or the Virginia Department of Labor and Industry.

F. No Contractor awarded a County construction contract shall knowingly employ or contract with any person, company, or corporation for services pursuant to that contract if such person, company or corporation could not have been awarded such contract due to the restrictions above.

G. The Contractor shall also certify in writing that all safety related information provided in accordance with the Safety Resolution and contract requirements are complete, accurate and truthful.

H. The failure to provide information requested pursuant to this Resolution or the failure to conform to the certification requirements of this Resolution shall be grounds for disqualifying a prospective bidder.

23. COMPLIANCE WITH LAWS:

The successful bidder shall be required to comply with all local, state and federal laws, rules, regulations and ordinances (collectively, the “Laws and Regulations”) applicable to the Contract and to the work contemplated thereby. Each and every provision of Laws and Regulations required to be included in this IFB shall be read and enforced as though such provisions were included herein and if, through mistake or otherwise, any such provision of Laws and Regulations is not included herein and if, through mistake or otherwise, any such provision of Laws and Regulations is not included or is not correctly included, then upon application of either party the Contract shall forthwith be physically amended to make such insertion.

24. CANCELLATION, REJECTION OF BIDS; WAIVER OF INFORMALITIES:

The Owner reserves the right to cancel this solicitation, to accept or reject any or all bids submitted hereunder, or to waive any informality in any one or all bids received.

BID FORM

Name of Contractor

Address

Date

TO: FAIRFAX COUNTY SCHOOL BOARD

FAIRFAX COUNTY PUBLIC SCHOOLS

DEPARTMENT OF FACILITIES AND CAPITAL PROGRAMS

OFFICE OF FACILITIES MANAGEMENT

5025 Sideburn Road, Room 62 Fairfax, Virginia 22032

Gentlemen:

The undersigned, having examined the Documents, Drawings, and Specifications entitled:

AIR-COOLED CHILLER REPLACEMENT

at

Whitman Middle School which compose the Contract Documents and having visited the site and examined all conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, and equipment to perform all operations necessary to complete the entire work in strict accordance with the Contract Documents for the following amount (set forth in words and figures):

BASE BID AMOUNT FOR:

A. Whitman Middle School:

Dollars

*MANUFACTURER:

*The undersigned agrees to bid and to use only one Manufacturer from the Owner’s approved list and shall furnish and install only the above indicated Manufacturer’s product.

1. Certain Agreements of the Bidder: The undersigned Bidder hereby makes the following representations, warranties and covenants to the Owner, which representations, warranties and covenants are intended to be relied upon by the Owner in making an award of the above-referenced Contract:

(a) Bidder has included in its bid all costs due to the Commonwealth of Virginia and County of Fairfax Sales and Use Taxes.

(b) The undersigned bidder is cognizant of Conflict of Interest provisions in the Virginia Code and specified in General Conditions, Paragraph 2.

(c) The undersigned bidder agrees, if awarded the Contract, to perform Substantial and Final

Completion of the Work on or before the respective Substantial and Final Completion Dates established in Summary of Work.

(d) The Owner reserves the right to accept or reject any or all bids or to waive any informality in any one or all bids received.

(e) The undersigned bidder acknowledges receipt of any and all Addenda which may have been issued by the Owner, and acknowledges that the cost, if any, of revisions set forth therein has been included in the bidder’s prices.

(f) The Owner reserves the right to defer award of Contract for a period of forty-five (45) days after due date of bids and the undersigned agrees that this Bid Form will remain open and binding during such period of time.

(g) The undersigned bidder hereby acknowledges that time is of the essence to the Contract and agrees to commence the Work in compliance with the response times established in accordance herewith and to fully complete the Project within the specified time, including normal inclement weather delays. The undersigned hereby covenants and agrees to achieve timely completion of all services described herein and to comply with all emergency and non-emergency response times established pursuant to the Contract.

2. Minority or small business firm’s information: Please check the following information relevant to your firm: (See Instructions to Bidders, Paragraph 20 for definitions)

Virginia Small Business and Supplier Diversity Certification Number:

SWaM Certification Type:

Minority Business Firm Yes___ No ____ Small Business Firm Yes___ No ____ Women-Owned Firm Yes___ No ____

The above information is requested for statistical purposes only. All bidders tendering responses will receive equal consideration for award.

3. Safety: The successful bidder shall abide by, and shall be subject to, the Fairfax County

Construction Resolution, as adopted by the Fairfax County Board of Supervisors on December 8, 2003, and as modified and excerpted in the Instruction to Bidders (see, Paragraph 22 the “Safety Resolution”).

Bidder’s disclosure pursuant to Safety Resolution (as stated above):

(additional pages may be attached, as necessary for a complete response by the bidder)

4. Incorporation by Reference: This solicitation and any contract awarded hereunder are subject to all Laws and Regulations (as defined in the Instructions to Bidders).

5. List of public jurisdictions: (States and District of Columbia) in which Bidder performed work in the 3 years prior to bid submission:

(additional pages may be attached, as necessary for a complete response by the bidder)

6. Bidder Affirmations and Certifications: By signing this Bid, the undersigned bidder hereby confirms, certifies, and agrees as follows:

(a) the undersigned has not received or been the subject of safety violations in the three (3) years prior to this Bid Submission and is in compliance with the requirements of Item 3 above.

(b) neither the undersigned Bidder nor any employee of the Bidder who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child;

(c) unless expressly disclosed in an attachment to this Bid on the Bidder’s letterhead stationery, neither the undersigned Bidder nor any employee of the Bidder who will have direct contact with students has been convicted of a crime of moral turpitude;

(d) the undersigned does not and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986; and

(e) The Owner reserves the right to accept or reject any proposed subcontractor or supplier.

The undersigned Bidder acknowledges and agrees that it will be deemed to have made each of the above certifications at and effective as of Bidder’s execution of this Bid Form and upon acceptance of any Purchase Order, Task Order or Notice to Proceed issued to Bidder by the Owner under any contract awarded in response to this IFB.

Contractor Email Address

Address Telephone Number

Principal's Name (Signature) Facsimile Number

Principal's Name (Printed) Title

Fairfax County Business/Professional Virginia Contractors License No.

Occupation License Number (BPOL)#

Virginia State Corporation Commission Identification Number (or attach an explanation as to why such is not required pursuant to Virginia Code § 2.2-4311.2) END OF SECTION

BID BOND

(BIDS $100,000 OR HIGHER)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, __________________________ of _________________________ (hereinafter called the “Principal”), and ______________________________________, a corporation organized and existing under the laws of the State of ___________________, with its principal office in _________________, and authorized to do business in the Commonwealth of Virginia as a surety (hereinafter called the “Surety”), are held and firmly bound unto FAIRFAX COUNTY SCHOOL BOARD (hereinafter called the “Obligee”) in the full and just sum which is equal to 5% of the total amount of the Principal’s Bid (as that term is defined below), as submitted to the Obligee (such total amount referred to herein as the “Total Bid”), in good and lawful money of the United States of America, to be paid upon demand of the Obligee, for the payment of such sum well and truly to be made, the Principal and the Surety bind themselves, their respective successors, and permitted assigns, jointly and severally and firmly by these presents. The Total Bid is the aggregate amount (including amounts set forth with respect to any and all Alternates) set forth on the Principal’s Bid Form for performance of the work described below, as submitted to and maintained by the Obligee (such Bid Form referred to herein as the “Bid”). The Surety hereby acknowledges and agrees that the Bid shall be deemed to be incorporated by reference in this Bid Bond to the same extent as if set forth fully herein.

WHEREAS, the Principal intends to submit, or has submitted to the Obligee, a Bid for the Principal to perform work for the Obligee, designated as:

(hereinafter called the “Project”) and, WHEREAS, the Principal desires to provide this Bid Bond in lieu of a certified check or cash escrow otherwise required to accompany the Principal’s Bid.

NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, if the Bid be accepted by the Obligee, and if the Principal shall, within ten days after the date of receipt of a written Notice of Award from the Obligee or any agency or department thereof, (i) execute a Contract in accordance with the Bid and upon the terms, conditions and price set forth therein, in the form and manner required by the Obligee, (ii) execute a sufficient and satisfactory Performance Bond in the amount of 100% of the total Contract Sum and a sufficient and satisfactory Payment Bond in the amount of 100% of the total Contract Sum, each payable to the Obligee, on a form prescribed by Obligee and with a surety satisfactory to Obligee, and (iii) provide the Obligee with copies of all required insurance policies, then this obligation is to be void; otherwise this obligation shall be and remain in full force and in the event of the failure of any or all of the foregoing requirements to be satisfied within the time period specified above, the Principal and the Surety immediately shall pay to the Obligee, upon demand, the lesser of: (a) the amount hereof and (b) the difference between the Bid and the next low bid for the Project, in each case in good and lawful money of the United States of America, not as a penalty, but as liquidated…