2026-03-RFP-12_School Nutrition_Produce.pdf

REQUEST FOR QUALIFICATIONS (RFQ) COVER PAGE

ISSUE DATE:

April 21, 2026

CONTRACT NUMBER:

2026-03-RFP-12

FOR:

Supply Fresh Fruits and Vegetables for Schools

DEPARTMENT:

School Nutrition

CONTRACT ADMINISTRATOR:

Heather Yutzy

DATE/TIME OF CLOSING ON EVA:

May 12, 2026 at 12:00pm (noon).

DATE/TIME LAST DAY FOR

QUESTIONS:

May 5, 2026 on or before 12:00pm (noon) local time

PROJECT INFORMATION MEETING:

N/A

PROJECT INFORMATION MEETING

MANDATORY:

◻YES XNO ◻N/A

Harrisonburg City Public Schools does not discriminate against small and minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor:_____________________________________ Telephone #:_________________________________________

Address: ___________________________________________ Federal Employer Identification #:__________________________

Contact Name: ______________________________________ Contact Email Address:__________________________________

Bysigningthisproposal,Vendor(s)certifies,acknowledges,understandsandagreestobeboundbytheconditionssetforth inthisRFP. Vendorfurthercertifiesthattheyand/oranymemberoftheirproposedteamarenotcurrentlydebarredor suspended by any agency or locality of the Commonwealth of Virginia and thatnoorganizationconflictexistsbetween their company and any member of their proposed team.

VENDOR’S LEGALLY AUTHORIZED SIGNATURE DATE

PRINT NAME TITLE

Please take a moment to let us know how you found out about this Request for Qualifications (RFQ) – Check one:

◻eVA Website ◻Bid Room (Please List) ___________________________________

◻The Daily News Record Newspaper ◻Notified byHCPS Directly ◻Other (Please List) ________________________________________

*Complete & return this document with proposal submission.

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Table of Contents

1.0 INTRODUCTION 3

2.0 BACKGROUND 3

3.0 SCOPE OF WORK 3

4.0 MANDATORY PRE-PROPOSAL MEETING 3

5.0 PROPOSAL REQUIREMENTS 3

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG,VA 4

7.0 INSURANCE REQUIREMENTS 5

8.0 INSTRUCTIONS TO OFFERORS 5

9.0 QUESTIONS 5

10.0 PROPOSAL EVALUATION CRITERIA 5

11.0 AWARD OF CONTRACT 6

12.0 CONTRACT TERM 6

13.0 PAYMENT TERMS 7

14.0 ORDER, DELIVERY AND DISTRIBUTION INSTRUCTIONS 8

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR HARRISONBURG CITY PUBLIC

SCHOOLS 10

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM 19

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM 20

ATTACHMENT D. NON-COLLUSION AFFIDAVIT 21

ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT 22

ATTACHMENT F. REFERENCES LIST 23

ATTACHMENT G. INSURANCE REQUIREMENTS FORM 24

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS 25

ATTACHMENT I. SPECIAL TERMS & CONDITIONS FOR CONTRACTS USING STATE AND

FEDERAL FUNDS 26

ATTACHMENT J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS 30

ATTACHMENT K. CERTIFICATION REGARDING LOBBYING 33

ATTACHMENT L. DISCLOSURE OF LOBBYING ACTIVITIES 34

ATTACHMENT M. PRICE LIST 35

ATTACHMENT N. EVALUATION CRITERIA 37

ATTACHMENT O. LIST OF HARRISONBURG CITY PUBLIC SCHOOLS 38

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1.0 INTRODUCTION

The purpose of this Request for Proposal (RFP) by Harrisonburg City Public Schools (HCPS) is to solicit sealed proposals from interested Contractors (Offeror) to supply fresh produce.

2.0 BACKGROUND

Harrisonburg City Public Schools (HCPS) are located in Harrisonburg, Virginia in the central Shenandoah Valley region of Virginia. HCPS has 10 schools, including 6 elementary schools, 2 middle schools and 2 high schools. HCPS is a dynamic and diverse community where each person is valued and empowered to pursue their personal goals. Through deep commitment to each student and working together to meet the needs of all, we will empower students with dispositions and skills to be successful in school and beyond.

3.0 SCOPE OF WORK

Theintentandpurposeofthisagreementistoestablishaqualifiedsuppliertofurnishalltools,labor,equipment and supervision necessary for inside delivery of Fresh Produce to Harrisonburg City Public Schools, School Nutrition, as needed and requested. Each offeror must submit a current pricing on all itemslistedandreturn AttachmentM-PriceListwiththeproposal.AllpricesshallbeF.O.B.destination(eachschool)andincludeall charges that may be incurred in fulfilling the term of this contract.

The agreement is intended to cover most fresh produce needs of the school division,but it is noted thatHCPS reserves the right to:

● Obtain comparative pricing from the full-service fooddistributor,and to order from this distributor in emergency or short-notice conditions.

● Obtainfreshitemsfromlocalsuppliersoutsideofthiscontract.Creativeback-haulingfromlocalfarms tothesuccessfulproducedistributor(forlaterdistributiontoschools)isamodelofasuccessfulwin/win and the distributor must be open to this on an infrequent basis. At a minimum this may include the purchase of apples,lettuce,andstrawberries.SeasonalpurchasesfromtheShenandoahValleyProduce Auctionmayresultinthepurchaseofitemsdirectlythroughthatentityandwouldnotbeapartofthis agreement.

● Obtain a portion of produce needs from the approved Department of Defense (DOD) supplier.

The successful contractor must provide theSchoolNutritionwith a price list each week. Items thatare grown locally should be noted and may be given priority. All items should be free of pesticides and herbicides.Local (defined as grown within the state of VA.) produce is desired and should be clearly offered and identified on the price list. Ability/desire to provide local produce is noted on the evaluation instrument. Provide alist of Virginia Farms used by your firm with the proposal.

4.0 MANDATORY PRE-PROPOSAL MEETING

There will not be a pre-proposal meeting.

5.0 PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for Harrisonburg City Public Schools to evaluate the qualifications,experience,andexpertiseoftheproposingfirmtoprovidetheservicesdetailedintheScopeof Work.

TheOfferoristomakeawrittenproposalwhichpresentsanunderstandingoftheworktobeperformed. The proposalshoulddemonstrateandprovideevidencethattheOfferorhasthecapabilities,professionalexpertise, 3Page and experience to provide the necessary services as described inthisRFP. TheOfferorshallensurethatall informationrequiredhereinissubmittedwiththeproposal. Allinformationprovidedshouldbeverifiableby documentation requested by Harrisonburg City Public Schools. Proposals shall be signed by anauthorized representative of the Offeror.

In order to enhance the evaluation process and provide each firm an equal opportunity for consideration, adherence to a standardized technical proposal format is required. Responses should be as thorough and detailed as possible so that HCPS may properly evaluate the firm’s capabilities to provide the required services.

The format of each proposal must contain the following elements organized into separate sections, as the Offeror(s) may deem appropriate:

SECTION 1 ● Cover Sheet (first page of this RFP), completed;

● Table of Contents – all pages are to be numbered;

● Cover Letter/Executive Summaryoncompanyletterheadsignedbyapersonwith the corporate authority to enter into any contract which results from the RFP.

SECTION 2 EXPERIENCE & QUALIFICATIONS

● Attachment F. References List

SECTION 3 METHODOLOGY

SECTION 4 TIMELINE

SECTION 5 REQUIRED FORMS

● Attachment B. Proprietary/Confidential Information Identification Form

● Attachment C. State Corporation Commission (SCC) Form

● Attachment D. Non-Collusion Affidavit

● Attachment E. Insurance Requirements Form

● Attachment F. Notice of Exceptions to Conditions

● Attachment G. System for Award Management (SAM) Form

● Attachment H. Minority Status of Business Ownership Form

● Attachment J. Certification Regarding Debarment, Suspension and Other

Responsibility Matters

● Attachment K. Certification Regarding Lobbying

● Attachment L. Disclosure of Lobbying Activities

● Attachment M. Price List

SECTION 6 ADDENDA, signed(if any)

SECTION 7 COST

● Attachment P. Cost Proposal

SECTION 8 OTHER SERVICES

● Provide copy of HACCP plan

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

Offerors shall review and take into consideration all aspects of HCPS General Terms and Conditions listed in Attachment A.

6.1 SPECIAL TERMS & CONDITIONS

Offerors shall review and take into consideration all aspects of the terms & conditions listed in Attachment I -Special Terms & Conditions for State and Federal Funded Programs.

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7.0 INSURANCE REQUIREMENTS

Offerors shall complete and return with their proposal Attachment G. Insurance Requirements Form.

8.0 INSTRUCTIONS TO OFFERORS

AllproposalsforthisRFPshallbesubmittedthroughtheeVAplatform(https://eva.virginia.gov/). Faxed, emailedandhardcopiesofproposalswillnotbeaccepted. ProposalsshallbereceivedbythePurchasingOffice nolaterthanthedateandtimelistedontheCoverPageofthisRFP. Anyproposalsreceivedafterthisdateand time will not be accepted.

To submit a proposal through eVA, the Offeror must be a registered vendor on eVA. To register as a new vendor, visit: https://eva.virginia.gov/register-now.html. Ifyouhavequestionsorissuesduringtheprocessof submittingaproposal,contacteVACustomerCareat: 1-866-289-7367. DonotcontactHCPSregardingissues with the eVA platform. Harrisonburg City Public Schools is not responsible for any delays in submission causedbytheeVAplatform,vendorregistration,orinternetoutage. Pleaseensureyouhaveallottedampletime tosubmityourproposaldocument(s). TheOfferorhasthesoleresponsibilitytohavetheproposalsubmittedon or before the above address and by the above-stated time and date.

All expenses for making a proposal to HCPS shall be borne by the Offeror. If proprietary/confidential information is identified (Attachment B), Offeror is required to submit a redacted copy of their proposal in additiontotheunredactedcopy. Alldocumentscontainedwithintheproposalsubmissionshallbecompletedin their entirety and signed and dated where required. Proposals will not be publicly opened.

9.0 QUESTIONS

QuestionsrelatedtotheRFPorrequestsforclarificationshallbedirectedtotheProcurementSpecialistforthe Harrisonburg City Public Schools, by email (Questions@harrisonburg.k12.va.us) Oral questions will not be permitted. All responses to inquiries will be in writingandwillbepostedasaddendaontheeVAwebsiteat https://eva.virginia.gov/. AllquestionsmustbereceivednolaterthanthedateandtimelistedontheCoverPage ofthisRFP.ItistheresponsibilityofallOfferorstoensurethattheyhavereceivedalladdendaandtoinclude signed copies of any and all addenda with their proposal submission.

10.0 PROPOSAL EVALUATION CRITERIA

Selectionofthesuccessfulproposalwillbebaseduponsubmissionofproposalsmeetingtheselectioncriteria.

Proposal evaluations will be based on points, the following is the minimum selection criteria and the full evaluation criteria is listed in Attachment N.

EVALUATION CRITERIA FACTORS Maximum Point Value

Pricing 15 Years Experience 5 References 10 HACCP Plan 10 Virginia farm used 10 Computerized List 5 Product and market updates 5 Invoicing 5 Delivery schedule compliance 15 Delivery handling 15 Harrisonburg City Public Schools experience 5

Possible Total 100

5Page https://eva.virginia.gov/ https://eva.virginia.gov/register-now.html mailto:Questions@harrisonburg.k12.va.us https://eva.virginia.gov/

The Offerors’ ability to followtheproposalpreparationinstructionssetforthinthissolicitation,includingthe failuretoreturnrequiredpages,missingsignatures,missingdocuments,etc.willalsobeconsideredanindicator of the Offerors’ ability to follow instructions during the project and may impact the points assigned above.

Significant failure to respond to the proposal according to instructions may result in HCPS eliminating the proposal from evaluation.

As part of the evaluation process, HCPS may ask questions of a clarifying naturefromOfferorsasrequired.

HCPSmay also request an oral presentation to explainthe proposal and answer questions.

HCPSreservestherighttocancelthisRFPatanytimeorrejectanyorallproposalsreceivedasaresultofthis RFP if it is in the best interest of HCPS. HCPS reserves the right to waive any informality in any proposal.

11.0 AWARD OF CONTRACT

Selection shall be made of two (2) or more Offerors deemed to be fully qualified, responsible and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal. In the case of a proposal for information technology, as defined in Virginia Code § 2.2-2006, a public body shall not require an offeror to state in a proposal any exception to any liability provisions contained in the Request for Proposal.

Negotiations shall then be conducted with each of the Offerors so selected. The Offeror shall state any exception to any liability provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation. Price shall be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each Offeror so selected, the public body shall select the Offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that Offeror. When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one Offeror. Should the public body determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

Once the selection has been made as to which Offeror will be awarded the contract, the Procurement Specialist will post a Notice of Award on the eVA website athttps://eva.virginia.gov/. The award documentationwill subsequently be followed by a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

Successful Offeror shall contact the Commissioner’s Office to obtain proper business licensing for the City of Harrisonburg, if it does not already possess (540-432-7704).

HCPS reserves the right to make on-site visitations to assess the capabilities of individual Offeror(s) and to contact references provided with the proposal.

HCPS reserves the right to award a contract(s) to as many Offeror(s) as deemed necessary to fulfill the anticipated requirements of Harrisonburg City Public Schools.

12.0 CONTRACT TERM

Thesubsequentcontractwillbeafirm-fixedpricecontractforaninitialone(1)yeartermwiththeanticipated contract(s) start date of July 1, 2026. The fee(s) will remain firm through the initial contract term and will includeallchargesthatmaybeincurredinfulfillingtherequirementsofthisinitialcontract. HCPSshallhave the option to renew the contract for four (4) additional one(1)yearterms. Changesincostrenewalswillbe

6Page basedonmutualagreementbetweenbothparties. Foranypricingincreasesthecontractorwillneedtoprovide written justification and documentation to support such requests.

13.0 PAYMENT TERMS

MonthlyBillingStatements:ThesuccessfulcontractorshallprovidemonthlystatementsforHCPSno laterthanthefifthofeachmonthorthefirstbusinessdayafterthefifthofeachmonth.Ataminimum, the statements shall include the contract number, delivery ticket/invoice number, order number, credit memo(ifapplicable),asummaryofthetotalquantitypurchased,unitofmeasure,unitcost,andtotalby school location. School locations should be listed in alphabetical order. The Successful contractor monthly statementshallsupporttheinformationlistedontheindividualdeliverytickets/invoices.Ifthe successfulcontractorhasmultiplecontractswithHCPS,statementsmustbepreparedseparatelyandshall not be combined. All agencies involved shall receive invoices independent of the other HCPS departments.

Billing Address:Monthly statements and credit memosreferencing the contract number and order number shall be sent or emailed to Harrisonburg City Public Schools

School Nutrition Office One Court Square Harrisonburg, VA 22802 Email: nutritionfinance@harrisonburg.k12.va.us

Incorrect Billing: HCPS will check the successful contractor’s monthlystatementsagainstthedelivery tickets/invoices to verify all charges. If the successful contractor doesn't provide monthly statementsas requested, or if any discrepancy is discovered, HCPS reserves the right toreturnsuchstatementstothe successful contractor. Payment shall not be made until corrected statements are received by HCPS.

Usage Report: Upon request, the successfulcontractorshallsupplyHCPSwithacurrentproduct-usage report that will provide monthly and year-to dateusageofindividualproducts.FortheSchoolNutrition Office, individual product usage by school location is preferable.

Non-Contract Items: If non-contract products are requested, the successful contractor must receive writtenpermissionintheformofanamendmenttoaddnon-contractitemsbeforedeliveryofproducts.If permission is not granted, HCPS will not take financial responsibility for the delivery of non-contract products. HCPSagreestoonlypaythecontractpriceforitemslistedontheBidPricingScheduleforall contract items.

UnitPriceAdjustments:Anadjustmenttounitpricesshallbemadeforanyitemthathasbeendecreased inindividualservingsize.Adjustmentsshallbemadeaccordingtotheperunitprice.Anypriceincreases duetounforeseencircumstancesincurredtoHCPSshallbetheresultofactualincreasedcostpassedfrom the manufacturer to the supplier excluding anyadditionalprofitstothesupplier.Proofofsuchincreases from the manufacturer will be required before adjustments are considered for approval by HCPS designated representatives for specified contract items. Price increases shall be in accordance with Attachment A. General Terms and Conditions for Harrisonburg City Public Schools.

Act of God: Should therebeaneventthatescalatesaproduceprice,theSuccessfulBiddermustsubmit documentation to the Director of School Nutrition immediately for consideration of a temporary price increase.

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14.0 ORDER, DELIVERY AND DISTRIBUTION INSTRUCTIONS

Minimum Order:There shall be no minimum order amountper delivery. No added delivery or fuel charges shall be allowed under this contract.

Placing of Orders:HCPS authorized or designated representativeswill place individual orders directly with the successful contractor and shall provide electronic order submissions to the successful contractor through either a PDF, CSV or EDI file. This file shall be sent directly to the successful contractor via a vendor-hosted FTP service or E-Mail submission. HCPS authorized or designated representatives will work with the successful contractor to ensure the file matches the successful contractor’s formatting requirements.

No Deliveries Before Opening Hours: Deliveries shall not be made before 7:00 AM and no products shall be left outside the kitchen(i.e.,bythedoororontheloadingdock)ofanyHCPSlocations.HCPS authorized or designated representatives will not accept responsibility for items that are damaged or missing when left outside,norwilltheyacceptresponsibilityforpaymentifanyitemsaredeliveredand the delivery ticket is not signed by authorized HCPS personnel.

Delivery Schedule: Successful contractor shall provide at the beginning of the contract each HCPS authorizedordesignatedrepresentativewithascheduleofspecificdeliverydays. Allfreshproduceshall be delivered and placed in a kitchen location designated by HCPS authorized or designated representatives. The following are the delivery hours for HCPS deliveries shall be weekly between the hoursof7:00AMand2:00PM.HoursofoperationforElementarySchoollocationsendat1:30PMand allMiddleandHighSchoollocationsendat2:00PM.ThereshallbenodeliveriesonSaturday,Sunday,or thefollowingHCPSholidays(WinterBreak,MartinLutherKing,Jr.Day,President’sDay,MemorialDay, Juneteenth, Independence Day, Labor Day, Thanksgiving Holiday, and any other days HCPS buildings/facilities are closed). Deliveries made during weeks that include HCPS holidays shall be coordinated with the School Nutrition Office.

HCPS Calendar: School Nutrition Department will provideanHCPSschoolcalendartothesuccessful contractor.Itistheresponsibilityofthesuccessfulcontractortomakedeliveryadjustmentsforinclement weather, school closings and delays.

Summer Program: Successful contractor should anticipate and plan for fresh produce deliveries associatedwiththeHCPSSummerProgramwhichisadministeredfromJunethroughJulyeachcalendar year. Delivery schedules associated with the Summer Program will be coordinated with the School NutritionDepartment.TheSummerscheduleisMondaythroughThursdayfrom7:00AMuntil12:00PM (Noon).

DeviationtoDeliverySchedule:Anydeviationstodeliveryschedulesbythesuccessfulcontractorshall require written approval by HCPS authorized or designated representatives.

Issues With Delivery: The successful contractor shall notify HCPS authorized or designated representatives immediately if there is an issue with delivery.

Delivery Unfulfilled: Should there be any issue with not fulfilling orders on normal deliverydays,the successfulcontractorshallnotifyHCPSauthorizedordesignatedrepresentativesbyemailnolaterthanthe designated delivery that the products will not be thereforwhateverreasonandstatethereasonwhythe productisnotavailable.Thesuccessfulcontractormustalsoconfirmthataspecialdeliverywillbemade the next day.

● Out- of- Stock: It is the responsibility of the successful contractor tonotifyHCPSauthorizedor designatedrepresentativeofout-of-stockitemsatleasttwenty-four(24)hoursinadvanceandoffer an approved substitute as menus are affected by shortages.

● Late Deliveries: When late deliveriesareexpectedforanyreason,thesuccessfulcontractormust contact HCPS authorized or designated representative and all school locationsaffectedeitherby phone or email. Persistent failure to meet delivery schedules is grounds for cancelling the contract.

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DeliveryVehicles:Thesuccessfulcontractorshalldeliverallproductsinvehicleswhicharemaintainedin sanitary condition and have adequate temperature control measures to ensure food safety.

Deliveries Received: Only HCPS authorized or designated representatives will check and sign for deliveries of all fresh produce. HCPS will not accept responsibility for delivery of products signed by unauthorized personnel. Unauthorized personnel include custodial, teachers, and office staff.

Delivery Ticket/Invoice: All shipments shall be accompanied by delivery tickets or invoices. The successful contractor shall leave two (2) copies of the delivery ticket/invoice with HCPS authorized or designated representatives whendeliveriesaremadetothespecifiedlocation.Deliverydriversshallsign or initial each delivery ticket/invoice after all items are delivered to the specified locations.

Driver Signature on Shortages/Returns:Delivery driversare required to sign or initial each delivery invoice if changes are made regarding shortages or returns.

Unapproved Goods: HCPS has the right to refuse any products delivered to the designated HCPS locationsthathavenotbeenapprovedororderedbyHCPSauthorizedordesignatedrepresentativesprior to delivery. Delivery of non-approved items will be returned at the expense of the successful contractor.

DamagedProducts:Ifexcessivespoilageordamageisnotedonanyfruitsorvegetables,theproductwill be rejected and must be replaced the same or next day, or full credit must be given. The successful contractor mustprovidecreditforproducedeliveredthatdoesnotcomplywithbidspecifications.Credit memos shall be sent to HCPS School Nutrition Office.

Inferior Product: If any delivered product is foundtobeinferiororisnottheoriginalproductbid;the successfulcontractorwillbegivennoticetopickuptheproductandissueacredittotheSchoolNutrition Office. HCPS reserves the right to terminate the contract for said product.

ExpiredProducts:Productsdeliveredwithexpirationdateslessthanseven(7)daysfromdateofdelivery shall be rejected. If items expiring less than seven (7) days from the date of delivery are inadvertently accepted,thesuccessfulcontractorshallbenotified,andtheproductshallbeexchanged(pickedupfrom HPCS specified location and replaced by the successful contractor the next business day or their value credited to the respective department for thelocation.)Productcreditsshallbeindicatedonthedelivery invoice.

Slow Moving Products: HCPS designated representativeswill, over the course of the contract, determine how to reduce or eliminate slow moving items.

Product Recalls:

● ThesuccessfulcontractorshallhaveaStandardOperatingProcedure(SOP)inplacetoeffectively respond tofoodrecalls.ThisprocessshallincludeimmediatenotificationtoHCPSandassurance that recalled products are identified and removed from all HCPS sites in the most expedient manner.

● The successful contractor shall notify the Director of School Nutrition Services, or appointed representatives within 24 hours of a product recall via email. A written manufacturer's media statement explaining the recall must be provided to HCPS authorized representatives for immediate release to HCPS locations.

● The successful contractor shall either issue a credit or deliver a comparable substitute at the discretion of HCPS authorized representatives.

● Allcostsassociatedwiththeproductrecall,whichinclude,butarenotlimitedtotransportationand handling costs, are borne by the successful contractor and are not the responsibility of HCPS.

ProductShortages/PoorPerformance:Poorperformance,includingfrequentproductshortageswithout justification, inferior products,andinferiorservice/deliverymaybegroundsforthepotentialtermination of contract.

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ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR HARRISONBURG CITY

PUBLIC SCHOOLS

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by Harrisonburg City Public Schools unless otherwise specified in writing. Bidders/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting a bid/proposal. Procurement by HCPS is subject to the Virginia Public Procurement Act (VPPA) Title 2.2, Chapter 43 of the Code of Virginia and the provisions of The Procurement Policy Manual for the Harrisonburg City Public Schools and any revisions thereto. If an inconsistency exists between Virginia Code and the Purchasing and Contracting Policy Manual for HCPS, the Virginia Code sections take precedence.

DEFINITIONS

ADDENDUM/ADDENDA: Addition(s) or supplement(s) toa solicitation to clarify, modify or support information which becomes part of the contract.

BID: The offer of a prospective vendor/supplier toan Invitation To Bid to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR: Any individual, company, firm, corporation,partnership or other organization who submits a response to an Invitation to Bid or a Request for Proposal and offering to enter into a contract with HCPS.

CITY COUNCIL: City of Harrisonburg, Virginia COLLUSION:A secret agreement or cooperation betweentwo or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST: An actual or potential situationin which the personal interests of a vendor, employee or public official are, or appear to be, in conflict with the best interests of HCPS.

CONTRACTOR: The entity that has a direct contractwith HCPS to furnish goods, services or construction for a certain price.

DAY(S): Defined as calendar days unless otherwisespecified as business days.

HCPS or OWNER: Harrisonburg City Public Schools INFORMALITY: A minor defect or variation of a bidor proposal from the exact requirements of the Invitation to Bid or Request for Proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

INVITATION TO BID (ITB): A formal request which ismade to prospective suppliers (bidders) for their quotation on goods, services, or construction desired by HCPS. The issuance of an ITB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL SERVICES: Any type of professional serviceperformed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia). Virginia Code § 2.2-4301

PROPOSAL: The document submitted by the offerorin response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT: The individual employed and givenauthority by Harrisonburg City Public School Board by adoption of Harrisonburg City Public Schools Purchasing and Contracting Policy Manual. Purchasing Agent may also be referred to as Procurement Specialist..

REQUEST FOR PROPOSAL (RFP): A formal request fora proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract. The RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR: An individual, company,firm, corporation, partnership or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance.

RESPONSIVE BIDDER/OFFEROR: An individual, company,firm, corporation, partnership or other organization having submitted a bid/proposal which conforms in all material respects to the ITB or RFP.

SOLICITATION: A formal document issued by HCPS withthe intent to purchase goods, services or construction. Can be either an Invitation To Bid or a Request For Proposal.

SWAM: Small, Women, and Minority-owned businesses.

SUBCONTRACTOR: A business entity that has a contractto supply labor or materials to the prime contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

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CONDITIONS OF BIDDING

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars.

BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwisespecified, all bids/proposals submitted shall be binding and may not be withdrawn for ninety (90) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties.

If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

CANCELLATION OF SOLICITATIONS: Virginia Code § 2.2-4319An ITB, RFP or any other solicitation may be cancelledor rejected, but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror. The reasons for cancellation shall be made part of the contract file.

CLARIFICATION of TERMS: Virginia Code § 2.2-4316Ifany prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by HCPS.

CONFLICT OF INTEREST/COLLUSION: Contractor certifiesby signing their bid/proposal submission to HCPS, that no conflict of interest or collusion exists between the Contractor and HCPS that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with HCPS.

DEBARMENT STATUS:By signing their bid/proposal, thebidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality or authority of the Commonwealth of Virginia.

DISCRIMINATION PROHIBITED:Virginia Code § 2.2-4310In the solicitation or awarding of a contract HCPS shall not discriminate against a bidder/offeror because of race; religion; color; sex; national origin; age; disability; status as a small, women-owned, minority-owned, or service disabled veteran-owned; employment services organization; or any other basis prohibited by state law relating to discrimination in employment. HCPS encourages the participation of these entities in public procurement activities. Towards that end, HCPS encourages contractors to provide for the participation of these entities through partnerships, joint ventures, subcontracts, and other contractual opportunities.

ERRORS IN BIDS/PROPOSALS: When an error is made inextending total prices, the unit price will govern. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission.

ETHICS IN PUBLIC CONTRACTING:Virginia Code § 2.2-4371By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

EXCUSABLE DELAY:HCPS shall not be in default of anyfailure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of HCPS. Such causes may include, but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of HCPS.

LICENSES, PERMITS and FEES: All proposals submittedshall have included in price the cost of any business or professional licenses, permits or fees required by Harrisonburg City Public Schools or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to HCPS a copy of their City Business License (if applicable). The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on City Business Licenses contact the Harrisonburg Commissioner of the Revenue’s office at 540-432-7704. The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia.

MANDATORY USE of HCPS FORMS AND TERMS and CONDITIONS for ITBs AND RFPs: Failure to submit a bid/proposal on the official HCPS form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal.

Unauthorized modification of or additions to any portion of the ITB or RFP may be cause for rejection of the bid/proposal. HCPS reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any bid/ proposal which has been modified.

As a precondition to its acceptance of an ITB response, HCPS may, in its sole discretion, request that the bidder withdraw or modify

11Page nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: VirginiaCode § 2.2-4330

1. 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 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.

2. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

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

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid.

5. 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.

6. The public body shall notify the bidder in writing within five business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, 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 public body shall return all work papers and copies thereof that have been submitted by the bidder.

7. These procedures also apply for the withdrawal of bids for other than construction contracts.

8. A bidder/offeror may modify or withdraw his bid/proposal, either personally or by written request to the Finance office at any time prior to the scheduled time for opening of bids/proposals.

PUBLIC INSPECTION OF CERTAIN RECORDS: Virginia Code§ 2.2-4342Public inspection of all records is strictlygoverned by Virginia Code § 2.2-4342 and in accordance with the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records.

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

REVISIONS to the OFFICIAL ITB/RFP: No bidder/offerorshall modify, revise, edit or make any unauthorized change(s) to the original official ITB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the eVA website at https://eva.virginia.gov In the event the eVA websiteis not able to be used, HCPS will post Addenda on HCPS’s website at HCPS https://www.harrisonburg.k12.va.us/District/Department/1-Finance. Any such violation as stated above may result in rejection of the ITB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by Harrisonburg City Public Schools.

TAXES: Sales to Harrisonburg City Public Schoolsare normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of Exemption, Form ST-12, will be issued upon request. HCPS may also be exempt from other taxes and fees.

UNIFORM STATE BUILDING CODE: Virginia Code § 2.2-4303If the purchase is for construction, compliance with the Uniform State Building Code will be required.

SPECIFICATIONS

CONDITION OF ITEMS: Unless otherwise specified inthe solicitation, all items shall be new, latest edition/model in first class condition.

FORMAL SPECIFICATIONS: When a solicitation containsa 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.

USE OF BRAND NAMES: Virginia Code § 2.2-4315Unlessotherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general

12Page https://www.harrisonburg.k12.va.us/District/Department/1-Finance style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable HCPS to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an “equal” product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation. HCPS reserves the right to determine the suitability of substituted items for those specified and to accept in whole or in part any and all bids/proposals received.

BONDING REQUIREMENTS: If a bid security is required,it shall be provided in the amount of 5% of the total bid value unless otherwise specified. Bid security must be in the form of a cashier’s check, certified check or bid bond issued by a surety. HCPS reserves the right to retain the bid security of all bidders until the successful bidder enters into the Contract or until 90 days after bid opening, whichever is sooner. If performance and payment bonds are required, the contractor shall provide each in the amount of 100% of the total contract sum. If the contract sum changes at any point during the contract term, the contractor shall ensure the value of the performance and payment bonds is at least 100% of the remaining contract sum. For bids submitted on the eVA website that require a bid security, the bid security shall be delivered to the Finance Office prior to the date and time for bid closing.

DELIVERY

DEFECTS OR IMPROPRIETIES:In instances where thereis a defect or impropriety in an invoice or in the goods or services received, HCPS shall notify the supplier of the defect or impropriety, if the defect or impropriety would prevent payment by the payment date. The notice shall be sent within (30) thirty days after receipt of the invoice or the goods or services.

TESTING AND INSPECTION:Virginia Code §2.2-4302.1HCPS reserves the right to conduct any test/inspectionit may deem advisable to assure goods and services conform to the specifications. Materials or components that have been rejected by HCPS, in accordance with the terms of the contract, shall be replaced by the Contractor at no cost to HCPS.

TRANSPORTATION AND PACKAGING:All materials shippedto HCPS must be shipped Free On Board (FOB) Destination unless otherwise stated in the contract. By submitting their bids/proposals, all bidders/offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. HCPS reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. HCPS’s decision shall be final.

HCPS reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by HCPS to be in its best interest. Delivery timelines may be a factor in making an award.

For RFP: The award(s) made in response to an RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to HCPS, taking into consideration the evaluation criteria set forth in the RFP. After negotiations, the offeror who has made the best proposal and provides the best value shall be awarded the contract.

Professional services shall be procured and awarded by competitive negotiation as set forth inVirginiaCode § 2.2-4302.2 A 4.

HCPS reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of HCPS to be in its best interest.

NEGOTIATION WITH THE LOWEST BIDDER: Virginia Code§ 2.2-4318 Unless all bids are canceled or rejected,HCPS reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within the funds available to HCPS whenever such low bid exceeds the HCPS’s available funds for the project. HCPS shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and HCPS wishes to negotiate a lower contract price. The times, places and manner of negotiating shall be agreed to by HCPS and the lowest responsive, responsible bidder.

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PRECEDENCE of TERMS:General Terms and Conditions shall apply in all instances except for federally funded contracts. In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

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

SELECTION PROCESS/NOTICE OF AWARD: Upon the awardor the announcement of the decision to award a contract as a result of this solicitation, the Finance office will publicly post such notice and/or will notify all responsive bidders/offerors and records are available for public inspection in accordance with the VA Freedom of Information Act (Virginia Code § 2.2-3700 et seq). HCPS posts all Notice of Awards on eVA athttps://eva.virginia.gov/. In the event the eVA website is not able to be used,HCPS will post Notice of Awards on HCPS’s website at https://www.harrisonburg.k12.va.us/District/Department/1-Finance

CONTRACT PROVISIONS

ANTI-DISCRIMINATION:Virginia Code § 2.2-4311By submittingtheir bids/proposals, bidders/offerors certify to HCPS that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act.

In every contract over $10,000 the provisions below apply:

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be…