2024-03b RFP Substation Equipment - City of Franklin R1.pdf

Progressive Engineering Consultants, Inc.

CONTRACT DOCUMENTS

FOR

SUBSTATION EQUIPMENT

CITY OF FRANKLIN, VIRGINIA

REQUEST FOR PROPOSAL 2024-03b

FEBRUARY 2024

DOCUMENTS PREPARED BY

P.O. Box 690638 Charlotte, North Carolina 28227-7011 Telephone (704) 545 - 7327 Fax (704) 545 - 2315 progress@pecinc.net

SUBSTATION EQUIPMENT

Request for Proposal

2024-03b

Issued by:

Purchasing

Division Rachel Trollinger, Purchasing Agent 207 West 2nd Avenue

Franklin, Virginia 23851

(757) 562-8535

Email: rtrollinger@franklinva.com mailto:rtrollinger@franklinva.comv

City of Franklin, Virginia Substation Equipment

TABLE OF CONTENTS

SECTION TITLE NO. OF PAGES

Introduction 3

Advertisement for Bids 1

Notice and Instructions for Bidders 2

Bidders Proposal 2

Contract 2

Bond 2

Appendices A thru G (Pages to be Returned with Proposal)

– General Conditions and Instructions (Appendix A) 17

– Non-Collusion Statement (Appendix B) 1

– Bidder Data Sheet (Appendix C) 1

– Bidder Statement (Appendix D) 1

– SCC Form (Appendix E) 1

– Proprietary Form (Appendix F) 2

– Specifications (Appendix G) 20

INTRODUCTION

-1-

I. INTRODUCTION

Sealed proposals for furnishing Substation Equipment, as specified, shall be received on behalf of the City of Franklin, Virginia by Progressive Engineering Consultants, Inc.

Proposals will be received, opened, and read at the time and location as follows:

Location: Progressive Engineering Consultants, Inc.

4700 Lebanon Rd., Suite D-1 Charlotte, NC 28227

Time: Time: 2:00 p.m., local time

Date: Tuesday, March 19, 2024

Proposals received after the date and time specified for the opening will be returned unopened.

II. SPECIFICATIONS

See Appendix G.

III. PROPOSAL FORMAT

A. The proposal for this submittal shall contain all the information requested in Appendices A through G.

B. Proposals and supporting documentation shall be submitted in a sealed envelope to:

Mailing Address (USPS) Physical Address (FedEX, UPS)

Progressive Engineering Consultants Progressive Engineering Consultants PO Box 690638 4700 Lebanon Rd., Suite D-1 Charlotte, NC 28227 Charlotte, NC 28227 Attn: Robert Thomas Attn: Robert Thomas

C. The name and address of the Bidder as well as the date and hour of the opening of the Proposals must appear on the envelope in which the Proposal is submitted. Proposals shall also be marked "SEALED PROPOSAL FOR THE PURCHASE OF

SUBSTATION EQUIPMENT.”

D. Proposals will be required to comply with all applicable statutes, regulations, etc., as set forth by the State of Virginia and those attached to and made a part of these documents.

E. Each proposal must be accompanied by a certified check on a bank that is a member of the FDIC, payable to the order of the Purchaser, or a Bidder's Bond acceptable to the Purchaser and running in favor of the Purchaser, in an amount equal to (5%) of the maximum proposal price. If a proposal is accepted, the Bidder agrees that by filing its proposal together with such check or Bidder's Bond in consideration of the Purchaser's receiving and considering such proposal, said proposal shall be firm and binding upon each such Bidder and such check or Bidder's Bond shall be held by the Purchaser for a period not to exceed ninety (90) days from the date set for the opening of the proposals.

-2-

F. Any conditions, requirements, or restrictions included as part of the Bidder’s Proposal as set forth in these Notice and Instructions to Bidders may result in the proposal being deemed non-responsive.

G. The Proposal shall include transportation charges for all equipment to the substation site located in Franklin, Virginia.

H. Virginia sales tax is applicable to the purchase of this equipment. Each Bidder shall show, as a separate item, the amounts which will be payable by the successful Bidder as a result of taxes imposed by any taxing authority for the sale, purchase or use of these materials, supplies and equipment included in the taxable items furnished.

I. The Purchaser reserves the right to make a contract for the lump sum price to one Bidder or to award contracts to multiple Bidders by section. The Purchaser also reserves the right to award contracts to multiple vendors based on pricing and experience.

J. The Purchaser reserves the right to waive minor irregularities or minor errors in the proposal which appear to have been made through inadvertence, provided such irregularities or errors so waived are corrected on the proposal prior to its acceptance by the Purchaser. The Purchaser also reserves the right to reject any and all proposals or to accept a proposal other than the lowest submitted, if such action is deemed to be in the best interest of the Purchaser.

K. It is the policy of the Purchaser to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to employment, construction projects, and lease agreements consistent with the laws of the State of Virginia.

L. It is further the policy of the Purchaser to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, handicap, or veteran status. It is the policy of the Purchaser to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination.

M. “The contractor certifies that the contractor will comply with the requirements of Chapter 14, Title 8 of the Virginia Code of Laws titled Unauthorized Aliens and Public Employment and agrees to provide to the Purchaser any documentation required to establish either; (a) the applicability of such law to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this law by the contractor and any subcontractors or sub-subcontractors.”

N. It is the intent of the Purchaser to promote the use of local businesses and hiring citizens living within the local City of Franklin/Franklin County area when possible.

O. Questions regarding the specifications and/or requirements of the Request for Proposal or requests for documentation shall be directed to Progressive Engineering Consultants, Inc. by calling (704) 545-7327, email (progress@pecinc.net) or US mail to the PO Box 690638, Charlotte, NC 28227.

-3-

P. Payment terms shall be Net 30 days following successful completion of all specified tasks by the Bidder.

IV. EVALUATION CRITERIA

The following evaluation criteria shall apply:

Evaluation Criteria Points

1.

Proposal 25

2. Purchase Price 20

3. Evaluated Cost 20

4. Delivery 16

5. Payment Terms 10

6. City Documents 7

7. Bid Bond 2 Total 100

V. SELECTION PROCEDURE

A. The City of Franklin intends to make final award to a single Bidder. Selection of the successful Bidder shall be as follows:

1. As previously stated, Bidder shall make written proposals.

2. Following evaluation of the written proposals, the City may, at its discretion, engage in individual discussions with those Bidder deemed fully qualified, responsible, and suitable on the basis of the written proposals.

3. Following these discussions, on the basis of the evaluation factors listed in this request and all information obtained in the selection process to this point, the City shall rank those Bidder and enter into negotiations with those Bidders. Should negotiations fail with any Bidder, negotiations will be terminated with that Bidder and negotiations will be opened with the next ranked Bidder, as required by the Virginia Public Procurement Act. Should the City determine, in its sole discretion, that the Bidder is clearly more highly qualified than other under consideration, a contract may be negotiated and awarded to that Bidder. The file will show the Evaluation Committee’s strengths and weaknesses of each proposal received as basis for the selections.

VI. CONTRACT AWARD

A. The contract will be awarded based on the evaluation criteria set forth in the bid documents and consistent with the Virginia Procurement Act, the City’s Code, the City’s Procurement Policies and Procedures and other applicable law. Nothing herein requires that the City complete this work and the City may determine not to award any Contract pursuant to this RFP in its sole discretion for any reason or no reason at all.

B. The City reserves the right to make a contract for the lump sum price to one Bidder or to award contracts to multiple Bidders by section.

C. The bid deposit shall be retained by the City if the successful bidder fails to execute the contract or fails to provide the required bonds as stated above within ten (10) days of the award of the contract.

ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR PROPOSALS

City of Franklin 1050 Pretlow Street Franklin, VA 23851

Sealed proposals for furnishing Substation Equipment as specified shall be received on behalf of the City of Franklin, Virginia by Progressive Engineering Consultants, Inc. at 2:00 p.m. local time Tuesday, March 19, 2024, at which time they will be publicly opened and read.

Proposals should be addressed to Progressive Engineering Consultants, Inc., PO Box 690638, Charlotte, NC 28227 Attention: Mr. Robert Thomas (Physical address of 4700-D1 Lebanon Road, Charlotte, NC 28227).

The Contract Documents may be examined at the following locations:

City of Franklin Franklin, Virginia Progressive Engineering Consultants, Inc. Charlotte, North Carolina

Copies of the documents may be obtained by contacting the office of Progressive Engineering Consultants, Inc., P.O. Box 690638, Charlotte, NC, 28227 (physical address 4700-D1 Lebanon Road, Charlotte, NC 28227) or by telephone (704) 545-7327.

A certified check or cashier’s check payable to City of Franklin, Virginia or a satisfactory Bid Bond executed by a Corporate Surety licensed under the laws of Virginia to execute such bonds in the amount equal to five (5) percent of the total proposal shall be submitted with each proposal.

Proposals may not be withdrawn for ninety (90) days after the date of receipt.

The bid deposit or bid bond shall be retained by the City of Franklin, Virginia if the successful bidder fails to execute the Contract or fails to provide the required performance bonds, as stated above, within ten (10) days after award of the Contract.

The City of Franklin reserves the right to reject any or all proposals and to accept any proposal which is deemed to be in the best interest of the City. The City of Franklin, Virginia invites and encourages participation in this bidding process by minority business enterprises.

CITY OF FRANKLIN

FRANKLIN, VIRGINIA

By

Title Issued:

Progressive Engineering Consultants, Inc. - Charlotte, N.C.

NOTICE AND INSTRUCTIONS TO BIDDERS

NOTICE AND INSTRUCTIONS TO BIDDERS

Progressive Engineering Consultants, Inc. will receive proposals on behalf of the City of Franklin, Virginia (hereinafter called the “Purchaser”), for furnishing Substation Equipment as specified.

Proposals will be received, opened, and read at the following time and location:

Location: Progressive Engineering Consultants, Inc.

4700 Lebanon Rd., Suite D-1 Charlotte, NC 28227

Time: 2:00 p.m., local time

Date: Tuesday, March 19, 2024

Proposals will be publicly opened and read on the above date and time. All Proposals received after the time specified for the opening of the Proposals shall be returned unopened.

PROPOSAL FORMAT

1. Proposals and supporting documentation shall be submitted in a sealed envelope to:

Mailing Address (USPS) Physical Address (FedEx, UPS) Progressive Engineering Consultants, Inc. Progressive Engineering Consultants, Inc PO Box 690638 4700 Lebanon Rd., Suite D-1 Charlotte, NC 28227 Charlotte, NC 28227 Attn: Robert Thomas Attn: Robert Thomas

2. The name and address of the Bidder as well as the date and hour of the opening of the Proposals must appear on the envelope in which the Proposal is submitted. Proposals shall also be marked "SEALED PROPOSAL FOR THE PURCHASE OF SUBSTATION

EQUIPMENT.”

3. Proposals will be required to comply with all applicable statutes, regulations, etc., as set forth by the State of Virginia and those attached to and made a part of these documents.

4. Each proposal must be accompanied by a certified check on a bank that is a member of the FDIC, payable to the order of the Purchaser, or a Bidder's Bond acceptable to the Purchaser and running in favor of the Purchaser, in an amount equal to (5%) of the maximum proposal price. If a proposal is accepted, the Bidder agrees that by filing its proposal together with such check or Bidder's Bond in consideration of the Purchaser's receiving and considering such proposal, said proposal shall be firm and binding upon each such Bidder and such check or Bidder's Bond shall be held by the Purchaser for a period not to exceed ninety (90) days from the date set for the opening of the proposals.

5. Any conditions, requirements, or restrictions included as part of the Bidder’s Proposal as set forth in these Notice and Instructions to Bidders may result in the proposal being deemed non-responsive.

6. The Proposal shall include transportation charges for all equipment to the substation site located in Franklin, Virginia.

7. Virginia sales tax is applicable to the purchase of this equipment. Each Bidder shall show, as a separate item, the amounts which will be payable by the successful Bidder as a result of taxes imposed by any taxing authority for the sale, purchase or use of these materials, supplies and equipment included in the taxable items furnished.

8. The Purchaser reserves the right to make a contract for the lump sum price to one Bidder or to award contracts to multiple Bidders by section. The Purchaser also reserves the right to award contracts to multiple vendors based on pricing and experience.

9. The Purchaser reserves the right to waive minor irregularities or minor errors in the proposal which appear to have been made through inadvertence, provided such irregularities or errors so waived are corrected on the proposal prior to its acceptance by the Purchaser. The Purchaser also reserves the right to reject any and all proposals or to accept a proposal other than the lowest submitted, if such action is deemed to be in the best interest of the Purchaser.

10. It is the policy of the Purchaser to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to employment, construction projects, and lease agreements consistent with the laws of the State of Virginia.

11. It is further the policy of the Purchaser to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, handicap, or veteran status. It is the policy of the Purchaser to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination.

12. “The contractor certifies that the contractor will comply with the requirements of Chapter 14, Title 8 of the Virginia Code of Laws titled Unauthorized Aliens and Public Employment and agrees to provide to the Purchaser any documentation required to establish either; (a) the applicability of such law to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this law by the contractor and any subcontractors or sub-subcontractors.”

13. It is the intent of the Purchaser to promote the use of local businesses and hiring citizens living within the local City of Franklin/Franklin County area when possible.

14. Questions regarding the specifications and/or requirements of the Request for Proposal or requests for documentation shall be directed to Progressive Engineering Consultants, Inc. by calling (704) 545-7327, email (progress@pecinc.net) or US mail to the PO Box 690638, Charlotte, NC 28227.

15. Payment terms shall be Net 30 days following successful completion of all specified tasks by the Bidder.

CITY OF FRANKLIN

FRANKLIN, VIRGINIA

(Purchaser)

PROGRESSIVE ENGINEERING CONSULTANTS, INC.

(Engineer) Date: February 9, 2024

BIDDERS PROPOSAL

PROPOSAL

To: City of Franklin Franklin, Virginia

Gentlemen:

The undersigned has carefully examined the attached Notice and Instructions, Contract, Bond, and Specifications and hereby declares that he will furnish the material, equipment, and services as specified for the following price:

Price Each Extended Price Section 1 Four (4) - 115 kV SF-6 Circuit Breakers as specified $ $

Total Cost for Service Engineer $

Section 2 Three (3) - 15 kV Bus Breakers as specified $ $

Total Cost for Service Engineer $

Section 3 Nine (9) - 15 kV Feeder Breakers as specified $ $

Total Cost for Service Engineer $

Section 4 Twenty-seven (27) – 7.62 kV Voltage Regulators $ $

Total Cost for Service Engineer $

TOTAL PROPOSAL $

MANUFACTURER DELIVERY

115 kV SF-6 Circuit Breaker:

15 kV Bus Breakers:

15 kV Feeder Breaker:

7.62 kV Voltage Regulators:

Overcurrent Relay:

Regulator Controller

APPLICABLE PRICE TERMS:

EXCEPTIONS:

Bidder By

Address Print Name

City State Zip Title

Telephone Email

Date

CONTRACT

CONTRACT

THIS AGREEMENT made and contracted this ___________ day of _______________, 2023, by and between the City of Franklin, Virginia (hereinafter called the "Purchaser") party of the first part, and hereinafter called the "Materialman", party of the second part.

WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Purchaser, and under penalty expressed in the bond bearing even date with these presents, and hereunto annexed, the Materialman at its own proper cost and expense, and with skill and diligence, will furnish for the total sum of _________________________________________Dollars ($____________) and furnish same in accordance with the Notice and Instructions to Bidders, Proposal and

Specifications attached in full compliance with the agreement.

And the said Materialman agrees to accept the price stated under Item 1 above in full compensation for the performance of this contract.

This contract together with the aforementioned documents constitutes the entire agreement between the Purchaser and the Materialman.

On completion of this contract by the Materialman and acceptance by the Purchaser as being in accordance with all portions of this contract, the Purchaser shall pay the above-named contract price as follows:

The Materialman shall be responsible for all fees or claims for any patented invention used by him and shall defend any suit or proceeding for infringement of any patent or patents covering materials purchased hereunder which may be brought against the Purchaser and shall hold said

Purchaser harmless for use or infringement of any patented thing or method used in connection with any article, equipment, device, or thing furnished or constructed hereunder.

IN WITNESS, WHEREOF, the parties hereto have caused the Agreement to be signed and sealed, all as of the day and year first written:

Executed in three (3) counterparts.

(Materialman)

ATTEST:

Signature Signature

Print Name Print Name

Title Title

AFFIX

SEAL

CITY OF FRANKLIN

FRANKLIN, VIRGINIA

(Party of the First Part)

BOND

BOND

KNOW ALL MEN that we, of , County of , State of , hereinafter called the Principal, and , hereinafter called the Surety or Sureties, are held, and firmly bound to the City of Franklin, Virginia, hereinafter called the

Purchaser, in the sum of

Dollars ($______________) for payment whereof the Principal and the Surety or Sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has, by means of a written Agreement, dated the ________ day of ________________________, 2024 entered into a contract or agreement with the Purchaser to furnish a copy of which Agreement is hereto attached and made a part hereof:

NOW THEREFORE, the condition of this obligation is such, that if the Principal shall faithfully perform the said Contract on his, its, or their part and satisfy all claims and demands incurred for the same, shall fully indemnify and save harmless the Purchaser from all cost and damage which the Purchaser may suffer by reason of failure to do so, and shall fully reimburse and repay the Purchaser all outlay and expense which the Purchaser may incur in making good any such default, and shall pay all persons who have contracts with the Principal, or any sub-contractor of the said Principal for labor or material, or both, then this obligation shall be null and void, otherwise, it shall remain in full force and effect.

And said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract of to the work or to the specifications.

IN TESTIMONY WHEREOF witness the hands and seals of the parties hereto on this

_______ day of __________________, 2024.

Executed in three counterparts.

(Materialman)

(Surety Company)

By (Witness as to Surety) Signature

Countersigned:

Print Name

(Licensed Resident Agent) Title

SEAL

INSTRUCTIONS

Bonds must be executed by a Surety Company authorized to conduct business in the State of incorporation of the Owner, acknowledged before a Notary Public, and accompanied by Power of Attorney or other authority satisfactory to the Owner.

APPENDIX A thru G

APPENDIX A: GENERAL TERMS, CONDITIONS AND INSTRUCTIONS

TO

BIDDERS AND CONTRACTORS

These General Terms, Conditions and Instructions to Bidders and Contractor (hereinafter referred to as the “General Conditions”) shall apply to all purchases and be incorporated into and be a part of each Solicitation (as defined below) and every Contract (as defined below) awarded by the City of Franklin, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the “the City”) unless otherwise specified by the City in writing. Bidders, Offerors and Contractors or their authorized representatives are expected to inform themselves fully as to these General Conditions before submitting Bids or Proposals to and/or entering into any Contract with the City:

failure to do so will be at the Bidder’s/Contractor’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, including the City’s Procurement Policies and Procedures, Bids or Proposals on all Solicitations issued by City will bind Bidders or Offerors, as applicable, and Contracts will bind Contractors, to all applicable terms, conditions, instructions, rules and requirements herein set forth unless otherwise SPECIFICALLY set forth by the City in writing in the Solicitation or Contract.

All provisions of these General Conditions are material to any contract between the City and a Contractor.

INTRODUCTION

1. VIRGINIA PUBLIC PROCUREMENT ACT AND ETHICS IN PUBLIC

CONTRACTING: The Virginia Public Procurement Act of Virginia Code §§ 2.2-4300 et seq. (hereinafter the “VPPA”) is incorporated herein by reference. Nothing in these General Conditions is intended to conflict with the VPPA and in case of any conflict, the VPPA controls. Specifically, the provisions of Article 6 of the VPPA (Virginia Code §§ 2.2-4367 through 2.2- 4377) relating to ethics in contracting, shall be applicable to all Solicitations and Contracts solicited or entered into by the City. By submitting their Bids or signing any Contract, all Bidders and Contractors certify that they have not violated any of the provisions of Article 6 of the VPPA, including, but not limited to, that their Bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements.

2. DEFINITIONS: The definitions of Virginia Code §§ 2.2-4301, 2.2-4302.1 and 2.2- 4302.2 are specifically incorporated herein by reference and as used in these General Conditions, whether capitalized or not, any of such defined terms have the same meaning as such terms have under the VPPA: such defined terms include: “Affiliate”, “Best Value”, “Business”, “Competitive Negotiation”, “Competitive Sealed Bidding”, “Construction”, “Construction Management Contract”, “Design-Build Contract”, “Employment Services Organization”, “Goods”, “Informality”, “Job Order Contracting”, “Multiphase Professional Services Contract”, “Nonprofessional Services”, “Potential Bidder or Offeror”, “Professional Services”, “Public Body”, “Public Contract”, “Responsible Bidder or Offeror”, “Responsive Bidder”, “Reverse Auctioning” and “Services”. Additionally, as used in these General Conditions, the following terms, whether capitalized or not, have the following meanings:

a. Bid/Proposal: The offer of a Bidder or Offeror to provide specific Goods or Services at specified prices and/or other conditions specified in the Solicitation. The term “Bid” is used throughout these General Conditions and where appropriate includes the term “Proposal” or any modifications or amendments to any Bid or Proposal.

b. Bidder/Offeror/Vendor: Any individual(s), company, firm, corporation, partnership, or other organization bidding or offering on any Solicitation issued by the City and/or offering to enter into Contracts with the City. The term “Bidder” is used throughout these General Conditions and where appropriate includes the term “Offeror” and/or “Vendor.”

c. Contract: Any contract to which the City will be a party.

d. Contractor: Any individual(s), company, firm, corporation, partnership, or other organization to whom an award is made by the City or who enters into any contract to which the City is a party.

e. City: The City of Franklin, a political subdivision of the Commonwealth of Virginia, including where applicable all agencies and departments of the City.

f. City Administrator: The City Manager of the City of Franklin and has signatory authority to bind the City to all contracts.

g. City Attorney: The City Attorney of the City of Franklin.

h. Purchasing Agent: The Director of Finance is the City’s Purchasing Agent and is responsible for the purchasing activity of the City of Finance.

i. General Terms, Conditions and Instructions to Bidders and Contractors (also referred to herein as the “General Conditions”): These General Terms, Conditions and Instructions to Bidders and Contractors shall be attached to and made a part of all Solicitations by the City and all Contracts to which the City is party.

j. His: Any references to “his” shall include his, her, their, or its as appropriate.

k. Invitation to Bid (also referred to herein as an “IFB”): A request which is made to prospective Bidders for their quotation on Goods or Services desired by the City. The issuance of an IFB will contain or incorporate by reference the General Conditions and the other specifications and contractual terms and conditions applicable to the procurement.

l. Purchasing Agent: The Purchasing Agent employed by the City and to whom Bidders/Contractors can submit questions relating to any Bid or Contract.

m. Request for Proposal (also referred to herein as a “RFQ”): A request for an offer from prospective Offerors which shall indicate the general terms which are sought to be procured from Offerors. The RFQ will specify the evaluation factors to be used and will contain or incorporate by reference the General Conditions and other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the Contractor.

n. Solicitation: The process of notifying prospective Bidders or Offerors that the City wishes to receive Bids or Proposals on a set of requirements to provide Goods or Services. “Solicitation” includes any notification of the City requirements may consist of public advertising (newspaper, City’s website, or other electronic notification), the mailing of notices of Solicitation, any Invitation for Quotes (“IFQ”), Initiations to Bid (“IFB”), or Requests for Proposal (“RFQ”), the public posting of notices, issuance of an Open Market Procurement (“OMP”), or telephone calls to prospective Bidders or Offerors.

o. State: The Commonwealth of Virginia.

3. AUTHORITY: The Purchasing Agent shall serve as the principal public purchasing official for the City, and shall be responsible for the procurement of goods, services, insurance, and construction in accordance with the City’s Procurement Policies and Procedures. The Purchasing Agent has responsibility and authority for negotiating, placing and when necessary, modifying every Solicitation and purchase order issued by the City. The City Administrator has signatory authority to bind the City to all contracts made lawfully.

No other City officer or employee is authorized to order supplies or Services, enter into purchase negotiations or Contracts, or in any way obligate the City for any indebtedness.

Any purchase or contract made which is contrary to such authority shall be of no effect and void and the City shall not be bound thereby.

CONDITIONS OF BIDDING

4. COMPETITION INTENDED: It is the City’s intent to encourage and permit open and competitive bidding in all Solicitations. It shall be the Bidder’s responsibility to advise the City in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in a Solicitation to a single source. The City must receive such notification not later than seven (7) business days prior to the deadline set for acceptance of the Bids. In submitting a Bid, the Bidder guarantees that he or she has not been a party with other Bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render the Bid of any Bidder involved void.

5. DISCRIMINATION PROHIBITED: Pursuant to Virginia Code § 2.2-4310, the City does not discriminate against Bidders, Offerors or Contractors because of race, religion, color, sex, national origin, age, disability, status as a service-disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. Whenever solicitations are made, the City shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity. Pursuant to Virginia Code § 2.2-4343.1, the City does not discriminate against “faith- based organizations”, being a religious organization that is or applies to be a contractor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Reconciliation Act of 1996, P.L. 104-193.

6. CLARIFICATION OF TERMS: Pursuant to Virginia Code § 2.2-4316, if any Bidder has questions or comments about the specifications or other Solicitation documents, the prospective Bidder should contact the City no later than seven (7) business days prior to the date set for the opening of Bids or receipt of Proposals. Any revisions to the Solicitation will be made only by written addendum issued by the City. Notifications regarding specifications may not be considered if received in less than seven (7) business days of the date set for opening of Bids/receipt of Proposals.

-4-

7. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS: Unless otherwise specified in the Solicitation, all Bids must be submitted on the forms provided by the City, including but not limited to, a Cover Sheet or Pricing Schedule, if applicable, properly signed in ink in the proper spaces and submitted in a sealed envelope or package.

Unauthorized modification of or additions to any portion of the Solicitation may be cause for rejection of the Bid. However, the City reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject any Bid or Proposal which has been modified.

These General Conditions are mandatory provisions of all Solicitations and all Contracts of the City.

8. LATE BIDS & MODIFICATION OF BIDS: Any Bid or modification thereto received at the office designated in the Solicitation after the exact time specified for receipt of the Bid is considered a late Bid or modification thereof. The City is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers, or the inter-office mail system. It is the sole responsibility of the Bidder to ensure their Bid reaches City by the designated date and hour. The following rules apply to all Bids submitted to the City:

a. The official time used in the receipt of Bids/Proposals is that time on the automatic time stamp machine in the Finance Department;

b. Late Bids or modifications thereof will be returned to the Bidder UNOPENED, if Solicitation number, due date and Bidder’s return address is shown on the container;

c. If a Bid is submitted on time, however a modification thereto is submitted after the due date and time, then the City in its sole discretion may choose to consider the original Bid except that the City may not consider such original Bid if the Bid is withdrawn by the Bidder pursuant to Section 9 below; and

d. If an emergency or unanticipated event or closing interrupts or suspends the City’s normal business operations so that Bids cannot be received by the exact time specified in the Solicitation, then the due date/time specified for receipt of Bids will be deemed to be extended to the same time of day specified in the Solicitation on the first workday on which normal City business operations resume.

9. WITHDRAWAL OF BIDS

a. Pursuant to Virginia Code § 2.2-4330, a Bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his Bid from consideration if the price bid was substantially lower than the other Bids due solely to a mistake in the Bid, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn.

If a Bid contains both clerical and judgment mistakes, a Bidder may withdraw his Bid from consideration if the price bid would have been substantially lower than the other Bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the

-5-compilation of a Bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn. The Bidder shall give notice in writing to the City of his or her claim of right to withdraw his or her Bid within two business days after the conclusion of the Bid opening procedure and shall submit original work papers with such notice.

b. A Bidder for a Contract other than for public construction may request withdrawal of his or her Bid under the following circumstances:

i. Bids may be withdrawn on written request from the Bidder received at the address shown in the Solicitation prior to the time of opening.

ii. Requests for withdrawal of Bids after opening of such Bids but prior to award shall be transmitted to the City, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, Bidder work sheets, etc. If Bid bonds were tendered with the Bid, the City may exercise its right of collection.

c. No Bid may be withdrawn under this Section 9 when the result would be the awarding of the Contract on another Bid of the same Bidder or of another Bidder in which the ownership of the withdrawing Bidder is more than five percent (5%).

d. If a Bid is withdrawn under the authority of Section 9 the lowest remaining Bid shall be deemed to be the low Bid.

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

f. The City shall notify the Bidder in writing within five (5) business days of its decision regarding the Bidder's request to withdraw its Bid. If the City denies the withdrawal of a Bid under the provisions of this Section 9, it shall State in such notice the reasons for its decision and award the Contract to such Bidder at the Bid price, provided such Bidder is a responsible and responsive Bidder. At the same time that the notice is provided, the City shall return all work papers and copies thereof that have been submitted by the Bidder.

g. Under these procedures, a mistake shall be proved only from the original work papers, documents and materials delivered as required herein. The work papers, documents and materials submitted by the bidder shall, at the bidder's request, be considered trade secrets or proprietary information subject to the conditions of subsection F of Virginia Code § 2.2-4342.

10. ERRORS IN BIDS: When an error is made in extending total prices, the unit Bid price will govern. Erasures in Bids must be initialed by the Bidder. Carelessness in quoting prices, or otherwise in preparation of the Bid, will not relieve the Bidder. Bidders/Offerors are cautioned to recheck their Bids for possible error. Errors discovered after public opening cannot be corrected and the Bidder will be required to perform if his or her Bid is accepted.

-6-

11. IDENTIFICATION ON BID ENVELOPE: All Bids, Proposals and requested copies thereof submitted to the City shall be in a separate envelope or package, sealed and identified with the following information clearly marked on the outside of the envelope or package:

a. Addressed as indicated on page 1 of the solicitation;

b. Solicitation number;

c. Title;

d. Bid due date and time;

e. Bidder’s name and complete mailing address (return address); and

f. Pursuant to Virginia Code § 2.2-4311.2, the Bidder’s identification number issued by the State Corporation Commission, or if the bidder is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bids or proposal a statement describing why the bidder or offeror is not required to be so authorized.

If a Bid is not addressed with the information as shown above, the Bidder takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the Bid to be disqualified. Bids may be hand delivered to the designated location in the City’s offices. No other correspondence or other Proposals/Bids should be placed in the envelope. Any Bidder or Offeror that fails to provide the information required in (f) above shall not receive an award unless a waiver is specifically granted by the City Administrator.

12. ACCEPTANCE OF BIDS: Unless otherwise specified, all formal Bids or Proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for opening or receipt, respectively, unless extend by mutual agreement of the parties. At the end of the one hundred twenty (120) calendar days the Bid/Proposal may be withdrawn at the written request of the Bidder. Thereafter, unless and until the Proposal is withdrawn, it remains in effect until an award is made or the Solicitation is canceled by the City. The City may cancel any Solicitation at any time by notice of such cancelation to the Bidders.

13. COMPLETENESS: To be responsive, a Bid must include all information required by the Solicitation.

14. CONDITIONAL BIDS: Conditional Bids are subject to rejection in whole or in part.

15. RESPONSE TO SOLICITATIONS: In the event a Bidder cannot submit a Bid on a Solicitation, the Bidder is requested to return the Solicitation cover sheet with an explanation as to why the Bidder is unable to Bid on these requirements, or if there be no cover sheet for the Solicitation a letter to the City explaining the same.

16. BIDDER INTERESTED IN MORE THAN ONE BID AND COLLUSION: More than one bid from an individual, firm, partnership, corporation, or association under the same or different name will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for the work contemplated will cause rejection of all bids in which the bidder is interested. Any or all bids may be rejected if there is any reason for believing that collusion exists among the bidders. Participants in such collusion may not be considered in future bids for the same work. Each bidder, as a condition of submitting a bid, shall certify that he is not a party to any collusive action as herein defined. However, a party who has

-7-quoted prices on work, materials, or supplies to a Bidder is not thereby disqualified from quoting prices to other Bidders or firms submitting a Bid directly for the work, materials, or supplies.

17. BID OPENING: Pursuant to Virginia Code § 2.2-4301, all Bids received in response to an IFB will be opened at the date, time and place specified, and announced publicly, and made available for inspection as provided in Section 21 of these General Conditions. Proposals received in response to an RFQ will be made available for inspection as provided in Section 21 of these General Conditions.

18. TAX EXEMPTION: The City is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Bidder.

19. DEBARMENT STATUS: By submitting their Bids, Bidders certify that they are not currently debarred from submitting Bids on Contracts by the City, nor are they an agent of any person or entity that is currently debarred from submitting Bids or Proposals on Contracts by the City or any agency, public entity/locality or authority of the State.

20. NO CONTACT POLICY: No Bidder shall initiate or otherwise have contact related to the Solicitation with any City representative or employee, other than the Purchasing Agent, after the date and time established for receipt of Bids. Any contact initiated by the Bidder with any City representative, other than the Purchasing Agent, concerning this Solicitation is prohibited and may cause the disqualification of the Bidder.

21. VIRGINIA FREEDOM OF INFORMATION ACT: As provided under Virginia Code § 2.2-4342, all proceedings, records, Contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act of Virginia Code §§ 2.2-3700 et seq., except:

a. Cost estimates relating to a proposed procurement transaction prepared by or for the City shall not be open to public inspection;

b. Any competitive sealed bidding Bidder, upon request, shall be afforded the opportunity to inspect Bid records within a reasonable time after the opening of Bids but prior to award, except in the event that the City decides not to accept any of the Bids and to reopen the Contract. Otherwise, Bid records shall be open to public inspection only after award of the Contract;

c. Any competitive negotiation Offeror, upon request, shall be afforded the opportunity to inspect Proposal records within a reasonable time after the evaluation and negotiations of Proposals are completed but prior to award except in the event that the City decides not to accept any of the Proposals and to reopen the Contract. Otherwise, Proposal records shall be open to the public inspection only after award of the Contract;

d. Any inspection of procurement transaction records under this Section 21 shall be subject to reasonable restrictions to ensure the security and integrity of the records;

e. Trade secrets or proprietary information submitted by a Bidder, Offeror or Contractor in connection with a procurement transaction shall not be subject to public disclosure

-8-under the Virginia Freedom of Information Act; however, the Bidder, Offeror or Contractor must invoke the protections of this Section 21 prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and State the reasons why protection is necessary; and

f. Nothing contained in this Section 21 shall be construed to require the City, when procuring by “competitive negotiation” (RFQ), to furnish a Statement of reasons why a particular Proposal was not deemed to be the most advantageous to the City.

22. CONFLICT OF INTEREST: Bidder/Contractor certifies by signing any Bid/Contract to/with the City that no conflict of interest exists between Bidder/Contractor and City that interferes with fair competition and no conflict of interest exists between Bidder/Contractor and any other person or organization that constitutes a conflict of interest with respect to the Bid/Contract with the City.

SPECIFICATIONS

23. OMISSIONS OR DISCREPANCIES: Any items or parts of any equipment listed in a

Solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. Should a Bidder find a discrepancy or ambiguity in, or an omission from, the Solicitation, including the drawings and/or specifications, he or she shall so notify the City within twenty-four (24) hours of noting the discrepancy, ambiguity or omission and in any event no less than five (5) days prior to the date set for the opening of Bids. If necessary, the City will send a written addendum for clarification to all Bidders no later than three (3) days before the date set for opening of Bids. Any notification regarding specifications received less than five (5) days prior to the date set for the opening of Bids may or may not be considered by the City in its sole discretion. The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M.

regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

24. BRAND NAME OR EQUAL ITEMS: Pursuant to Virginia Code § 2.2-4315, unless otherwise provided in the Solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the City in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to indicate the product clearly and specifically being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the Solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding, only the information furnished with the Bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a Bid non-responsive. Unless the Bidder clearly indicates in its Bid that the product

-9-offered is "equal" product, such Bid will be considered to offer the brand name product referenced in the Solicitation.

25. FORMAL SPECIFICATIONS: When a Solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted, and the Bidder will be required to furnish articles in conformity with that specification.

26. CONDITION OF ITEMS: Unless otherwise specified in the Solicitation, all items shall be new, in first class condition.

AWARD

27. RESPONSIBLE BIDDERS: In determining whether a Bidder is a responsible Bidder as defined herein, at minimum, the following criteria will be considered:

a. The ability, capacity, and skill of the Bidder to perform the Contract or provide the service required under the Solicitation;

b. Whether the Bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

c. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

d. The quality of performance of previous Contracts or Services;

e. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract or Services;

f. The sufficiency of the financial resources and ability of the Bidder to perform the

Contract or provide the service;

g. The quality, availability and adaptability of the Goods or Services to the particular use required;

h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the Contract;

i. The number and scope of the conditions attached to the Bid;

j. Whether the Bidder is in arrears to the City on debt or Contract or is a defaulter on surety to the City or whether the Bidder's City…