INVITATION TO BID (ITB) COVER PAGE

ISSUE DATE:

September 17, 2026

CONTRACT NUMBER:

2027-01-ITB-13

FOR:

HVAC Replacement for three (3) schools

DEPARTMENT:

Operations

CONTRACT ADMINISTRATOR:

Shawn Printz, Chief Operations Manager

DATE/TIME OF CLOSING ON EVA:

October 7, 2026 at 1:00 PM

DATE/TIME LAST DAY FOR

QUESTIONS:

September 30, 2026 on or before 12:00 PM (noon) local time

PROJECT INFORMATION MEETING:

N/A

PROJECT INFORMATION MEETING

MANDATORY:

◻ YES ◻ NO ◻ 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:__________________________________

By signing this proposal, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this RFP. Vendor further certifies that they and/or any member of their proposed team are not currently debarred or suspended by any agency or locality of the Commonwealth of Virginia and that no organization conflict exists between 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 by HCPS Directly ◻Other (Please List) ________________________________________

*Complete & return this document with proposal submission.

Table of Contents

1.0 INTRODUCTION 2

2.0 BACKGROUND 2

3.0 SPECIFICATIONS 2

3.1 SITE LOCATIONS 2

3.2 SCOPE OF WORK 2

3.3 PROJECT TIMELINE 2

3.4 BIDDER ELIGIBILITY 2

3.5 PRICING 3

3.6 BID SECURITY & BONDS FOR THE WORK 3

3.7 WORK HOURS 3

3.8 EXAMINATION OF DOCUMENTS & SITE OF WORK 4

4.0 MANDATORY PRE-BID MEETING 4

5.0 BID REQUIREMENTS 4

6.0 GENERAL TERMS & CONDITIONS FOR HARRISONBURG CITY PUBLIC SCHOOLS 4

6.1 SCHOOL SITE PROVISIONS 4

7.0 INSTRUCTIONS TO BIDDERS 5

7.1 BID OPENING INFORMATION 5

7.0 QUESTIONS 5

8.0 AWARD OF CONTRACT 6

9.0 CONTRACT TERM 6

10.0 PAYMENT TERMS 6

11.0 WARRANTIES 6

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR HARRISONBURG CITY PUBLIC SCHOOLS 7

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM17

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM 18

ATTACHMENT D. NON-COLLUSION AFFIDAVIT 19

ATTACHMENT E. HARRISONBURG CITY PUBLIC SCHOOLS SAMPLE STANDARD CONTRACT 20

ATTACHMENT F. REFERENCES LIST 21

ATTACHMENT G. INSURANCE REQUIREMENTS FORM 22

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS 23

ATTACHMENT I. EXCEPTIONS TO SPECIFICATIONS FORM 24

1.0 INTRODUCTION

The purpose of this Invitation to Bid (ITB) by the Harrisonburg City Public Schools (HCPS) is to solicit sealed bids from interested Offerors to provide the most practical, time effective and cost-effective solution to replace HVAC Systems at Keister Elementary School, Spotswood Elementary Schools and Waterman Elementary Schools.

2.0 BACKGROUND

Harrisonburg City Public Schools (HCPS) are located in Harrisonburg, Virginia in the central Shenandoah Valley region of Virginia. HCPS has 1 central office and 1 family resource center with 11 schools, including 1 pre-K school, 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 SPECIFICATIONS

3.1 SITE LOCATIONS

Keister Elementary School, 100 Maryland Avenue, Harrisonburg, VA 22801 Spotswood Elementary School, 400 Mountain View Drive, Harrisonburg, VA 22801 Watermen Elementary School, 451 Chicago Avenue, Harrisonburg, VA 22802

3.2 SCOPE OF WORK

Harrisonburg City Public Schools is seeking qualified contractors to perform the upgrade of three (3) existing HVAC Systems. The work includes removal and disposal of the old systems. Replacement of the existing Condensers, Air Handlers, Line Sets, and any associated ductwork and electrical work necessary to accommodate the new systems. The new systems shall meet manufacturer specifications and all applicable codes.

The equipment identified below is currently in operation. Equivalent replacement units are requested under this solicitation.

Keister Elementary School and Spotswood Elementary School have a 15 ton AC unit, split system with air handler and with hot water coils.

Watermen Elementary School has a 15 ton AC unit, split system with air handler, hot deck/cold deck and with hot water coils.

The awarded contractor must provide all mandatory permits necessary for the completion of the project. The awarded contractor complies with Occupational Safety and Health Administration (OHSA) regulations, as they relate to, and are applicable to the performance of the work of this contract.

3.3 PROJECT TIMELINE

Work is to be performed beginning on or after June 8, 2027 and must be completed prior to August 4, 2027.

A detailed project timeline shall be provided by the Offeror.

3.4 BIDDER ELIGIBILITY

3.4.1 Bids will only be accepted from Contractors who are experienced in and actively engaged in the type of construction of the item(s) called for in the bid.

3.4.2 No bid will be accepted from, or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City/Harrisonburg City Public Schools upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City/Harrisonburg City Public Schools or had failed to perform faithfully any previous contract with the City/Harrisonburg City Public Schools.

3.4.3 Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and Harrisonburg City Public Schools reserves the right to determine whether the named subcontractor is fit and capable to perform the required work.

3.4.4 Bidders are required under Chapter 11, Title 54, Code of Virginia, to show evidence of certificate of registration before bid may be received and considered. Bidders shall enter their contractor’s license number on the Cover Page of this ITB and return with bid submission.

3.4.5 By signing the Bid Form, Bidders certify that they are not currently barred from bidding on contracts by any agency of the Commonwealth of Virginia or any federal agency.

3.4.6 Offerors shall, at a minimum, have experience that includes successful and timely execution of at least five (5) projects of similar size and scope as these specified herein. These projects must have been completed since January 2015. Information on these projects shall be provided with the proposal response along with Attachment F. References

3.5 PRICING

The Offeror shall provide a proposed pricing schedule to include all costs. Offerors agree that the pricing offered in response to the ITB is equal to or less than prices offered on other contracts with similar terms and conditions. Awards may be made in whole or in part based on available funding and HCPS determination of best value. Bidders are encouraged to propose per location and multi-location pricing.

HCPS requests the successful Offeror secure and post a Performance Bond in the amount of 100% of the Contract Sum prior to signing the contract. Bond shall be issued by a Surety acceptable to HCPS.

If the Contract Sum changes at any point during the Contract Term, Contractor shall ensure the value of the Performance Bond is at least 100% of the remaining Contract Sum. Any costs associated with additional bond capacity will require documentation that verifies that the contractor incurred added fees for the added capacity. Offerors shall provide line-item pricing in their proposal to add a Performance Bond to the contract.

3.6 BID SECURITY & BONDS FOR THE WORK

Prior to signing the Contract, HCPS will require the successful bidder to secure and post a Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum. Such Bonds shall be issued by a Surety acceptable to the City. If the Contract Sum changes at any point during the Contract Term, Contractor shall ensure the value of the Performance Bond and Payment Bond is at least 100% of the remaining Contract Sum. Any costs associated with additional bond capacity will require documentation that verifies that the contractor incurred added fees for the added capacity.

3.7 WORK HOURS

Work shall be performed in accordance with the approved project work schedule. Any requested deviations from the approved schedule shall be submitted to HCPS for review and consideration.

3.8 EXAMINATION OF DOCUMENTS & SITE OF WORK

Before submitting a bid, each bidder shall read the ITB and all other proposed Contract Documents, and be encouraged to visit the site of the Work. Each bidder shall fully inform himself prior to bidding as to existing conditions and limitations under which the Work is to be performed and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a bidder because of lack of such examination and knowledge. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies on or omissions from any part of the proposed Contract Documents, they shall submit a written request as specified in this ITB. The submission of a bid will be considered as conclusive evidence that the bidder has made such an examination.

4.0 MANDATORY PRE-BID MEETING

No pre-bid meeting will be held for this solicitation. Offerors who wish to schedule a site visit may contact the Contract Administrator at 540-434-9916 or email at sprintz@harrisonburg.k12.va.us. No site visit will be scheduled after the deadline for questions as listed on the Cover Page.

Questions raised during the site visit will not be considered official unless submitted in writing in accordance with the ITB requirements. Any clarifications or modifications to the solicitation will be issued through a written addendum.

5.0 BID REQUIREMENTS

In order for the bid to be considered responsive, the following should be submitted with the bid package.

Failure to submit any of the required information may result in the bid being declared non-responsive.

Cover Sheet Attachment B.Proprietary/Confidential Information Identification Form Attachment C. State Corporation Commission (SCC) Form Attachment D. Non-Collusion Affidavit Attachment F.Reference List Attachment G.Insurance Requirements Form Attachment H.Notice of Exceptions to Conditions Attachment I. Exceptions to Specifications Form

6.0 GENERAL TERMS & CONDITIONS FOR HARRISONBURG CITY PUBLIC SCHOOLS

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

6.1 SCHOOL SITE PROVISIONS

Use, consumption, and/or possession of any controlled substance, substances considered to be illegal, and alcohol are strictly prohibited on school property.

6.1.1 The entire school site, including construction areas, are no tobacco zones. Use of tobacco products and/or cigarette smoking are strictly prohibited on school property.

6.1.2 Use or possession of weapons, firearms, or archery equipment of any types, including those intended for hunting, are strictly prohibited on school property.

6.1.3 Use of vulgar, suggestive, or abusive language and/or gestures are strictly prohibited on school property.

mailto:sprintz@harrisonburg.k12.va.us

6.1.4 Contractor shall provide identity badges that must be visibly worn at all times by each construction worker while on school property.

6.1.5 Contractor and construction workers shall not consult with school personnel regarding any issue of a construction nature, except in emergency situations and as necessary for safely scheduling school activities.

6.1.6 Fraternization between Contractor or construction workers and school staff or students is strictly prohibited on school property.

6.1.7 Use of school restrooms at the fieldhouse are permitted. Restrooms located in the main building are prohibited.

6.1.8 Use of, eating from, or dining in school cafeterias are strictly prohibited in an occupied school facility.

6.1.9 Use of school dumpsters for construction debris and trash is strictly prohibited.

6.1.10Use of radios, stereos, compact disc players, and/or other noise producing equipment may be deemed unacceptable in occupied school facilities if they are disruptive to the educational environment.

7.0 INSTRUCTIONS TO BIDDERS

All bids for this ITB shall be submitted through the eVA platform (https://eva.virginia.gov/). Faxed, emailed and hard copies of bids will not be accepted. Bids shall be received by the Purchasing Office no later than the date and time listed on the Cover Page of this ITB. Any bids received after this date and time will not be accepted.

To submit a bid through eVA, the Bidder must be a registered vendor on eVA. To register as a new vendor, visit: https://eva.virginia.gov/register-now.html. If you have questions or issues during the process of submitting a bid, contact eVA Customer Care at: 1-866-289-7367. Do not contact HCPS regarding issues with the eVA platform. Harrisonburg City Public Schools is not responsible for any delays in submission caused by the eVA platform, vendor registration, or internet outage. Please ensure you have allotted ample time to submit your bid document(s). The Bidder has the sole responsibility to have the bid submitted on or before the above address and by the above stated time and date.

All expenses for making bid to HCPS shall be borne by the Bidder. If proprietary/confidential information is identified (Attachment B), Bidder is required to submit a redacted copy of their bid in addition to the unredacted copy. All documents contained within the bid submission shall be completed in their entirety and signed and dated where required. Bids will be publicly opened and the names of bidders will be announced along with the bid amount.

7.1 BID OPENING INFORMATION

Shortly after the closing date and time, bids will be opened and read publicly at Harrisonburg City Public Schools, Central Office, One Court Square, Harrisonburg, Virginia 22802. The names of bidders will be announced along with the bid amount.

7.0 QUESTIONS

Questions related to the RFP or requests for clarification shall be directed to the Procurement Specialist for the Harrisonburg City Public Schools, by email (Questions@harrisonburg.k12.va.us). Oral questions will not be permitted. All responses to inquiries will be in writing and will be posted as addenda on the eVA website at https://eva.virginia.gov/. All questions must be received no later than the date and time listed on the Cover Page of this RFP. It is the responsibility of all Offerors to ensure that they have received all addenda and to include signed copies of any and all addenda with their proposal submission.

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

8.0 AWARD OF CONTRACT

The contract will be awarded to the lowest responsive and responsible bidder meeting the applicable specifications. The Procurement Specialist will post a Notice of Award on the eVA website at https://eva.virginia.gov/. HCPS reserves the right to reject any and all bids and will further reserve the right to waive or not waive any informality in any bid. HCPS reserves the right to ask for additional information from the vendor to determine whether a company is responsible. The successful bidder shall submit a recent W-9 to HCPS Finance Office via email (kbare@harrisonburg.k12.va.us) or fax (540-432-3259) within fourteen (14) calendar days of contract award.

If the bid from the lowest responsive, responsible bidder exceeds available funds, HCPS may negotiate with the apparent low bidder to obtain a contract price within available funds.

9.0 CONTRACT TERM

The contract term shall begin on the date the contract is signed. Work shall begin upon HCPS’s issuance of Notice to Proceed document. The contractor is not to begin work until the receipt of the Owner's Notice to Proceed which will be effective upon receipt. HCPS is providing the contractor with a start date of June 8, 2007 to the project must be completed no later than August 4, 2027. Once the contractor begins work, they must finish the work in consecutive calendar days after the issuance of the Notice to Proceed.

10.0 PAYMENT TERMS

Invoices shall be submitted directly to Accounts Payable. You may submit invoices electronically to sprintz@harrisonburg.k12.va.us or mail them to:

Harrisonburg City Public Schools Attention: Shawn Printz One Court Square Harrisonburg, VA 22802

All payments will be made in accordance with the Code of Virginia's Prompt Payment provision. Code of Virginia §2.2-4347 & 2.2-4352

11.0 WARRANTIES

Contractor shall provide the Chief Operating Officer with a written guarantee or warranty for the entire work of this project against defective materials, workmanship and performance for a period of one year from the date of acceptance of the installation. Contractor hereby aggress to furnish, without cost to Harrisonburg City Public Schools, all transportation both ways for replacement of all parts and materials which are found to be defective during the guarantee period. The standard warranty of the manufacturer will be acceptable, provided it meets or exceeds these requirements.

During the warranty period, the Contractor shall respond to any written or verbal notice of a warranty claim from the Owner within twenty-four (24) hours of notification. The Contractor shall have qualified personnel on-site to investigate and commence corrective actions with seventy-two (72) hours of notification, unless a different response time is approved by the Owner.

For warranty issues affecting life safety, security, building operation, or causing significant disruption to school activities, the Contractor shall respond within four (4) hours and commence action within twenty-four (24) hours.

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) to a solicitation to clarify, modify or support information which becomes part of the contract.

BID: The offer of a prospective vendor/supplier to an 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 between two or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST: An actual or potential situation in 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 contract with HCPS to furnish goods, services or construction for a certain price.

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

HCPS or OWNER: Harrisonburg City Public Schools INFORMALITY: A minor defect or variation of a bid or 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 is made 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 service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, licensed investment advisor, financial advisor, insurance broker, 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 offeror in response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT: The individual employed and given authority 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 for a 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.

SCHOOL BOARD: Harrisonburg City Public Schools SOLICITATION: A formal document issued by HCPS with the 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 contract to 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.

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 otherwise specified, 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 § 2.2-4319 An ITB, RFP or any other solicitation may be cancelled or 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 § 2.2-4316 If any 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 certifies by 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, the bidders/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 § 2.2-4310 In 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 in extending 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 § 2.2-4371 By 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 any failure 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 submitted shall 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 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: 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 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 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.

● 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.

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

● 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.

● 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.

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

● 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 § 2.2-4342 Public inspection of all records is strictly governed 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/offeror shall 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 website is not able to be used, HCPS will post Addenda on HCPS’s website at HCPS Procurement. 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 Schools are 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 § 2.2-4303 If the purchase is for construction, compliance with the Uniform State Building Code will be required.

https://eva.virginia.gov https://drive.google.com/drive/folders/1Eqnj-PeotYeEF2xS7fI2or_IMzwrob7v https://drive.google.com/drive/folders/1Eqnj-PeotYeEF2xS7fI2or_IMzwrob7v

SPECIFICATIONS

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

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.

USE OF BRAND NAMES: Virginia Code § 2.2-4315 Unless otherwise 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 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. HCPHCPS 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 there is 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 § 2.2-4302.1 HCPS reserves the right to conduct any test/inspection it 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 shipped to 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 in Virginia Code § 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.

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 make such 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 award or 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 at https://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 HCPS Procurement

CONTRACT PROVISIONS

ANTI-DISCRIMINATION: Virginia Code § 2.2-4311 By submitting their 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 deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to HCPS all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by HCPS under said contract.

APPLICABLE LAWS and COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, excluding its conflict of laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Rockingham County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

http://drive.google.com/drive/folders/1Eqnj-PeotYeEF2xS7fI2or_IMzwrob7v

ASSIGNMENT of CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of HCPS.

CHILD ABUSE PREVENTION. Pursuant to Virginia Code § 22.1-296.1, and except as qualified herein, all contractors that enter into any contract with the School Board that require the contractor or its employees to have direct contact with students on school property during regular school hours or during school-sponsored activities warrant and certify that the contractor and all of its employees have not been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense. Any individual making a materially false statement regarding any such offense is guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction is grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. School boards shall not be liable for materially false statements regarding the certifications required by this subsection. Any school board may award a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities when any individual who provides such services has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of § 19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor.

With respect to all contracts for which the above applies, the contractor shall include in its subcontracts a provision that makes all subcontractors and lower-tier subcontractors subject to the requirements of Virginia Code § 22.1-296.1.

CHANGES to the CONTRACT: Changes can be made to the contract in any of the following ways:

5.2.1. The parties by mutual agreement in writing, to modify the terms, conditions or scope of the contract subject to item 2. below.

Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

5.2.2. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of Harrisonburg City Public School Board. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of a bidder/offeror from the consequences of an error in its (bid/offer). Virginia Code § 2.2-4309

5.2.3. The Procurement Specialist (or HCPS delegated agent) may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify HCPS of the adjustment to be sought, and before proceeding to comply with the notice, shall await HCPS’s written decision affirming, modifying, or revoking the prior written notice. If HCPS decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give HCPS a credit for any savings. Said compensation shall be determined by one of the following methods:

● By mutual agreement between the parties in writing; or

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

● By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present HCPS with all vouchers and records of expenses incurred and savings realized. HCPS shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to HCPS within thirty (30) days from the date of receipt of the written order from HCPS.