3310-01 RFP Food & Janitorial Supplies.pdf

RFP 2024-3310-01 1

Page County, Virginia

Request for Proposal

Food and Janitorial Supplies

2024-3310-01

RFP Issue Date: Wednesday, April 10, 2024

Questions Due NLT: Wednesday, April 17, 2024, 5:00 PM

Responses to Questions: Monday, April 22, 2024, 5:00 PM

Submission Due Date: Monday, April 29 , 2024, 2:00 PM

Anticipated Award Date: Wednesday, May 29, 2024

Issuing Agency: Page County Government Finance Department

103 South Court Street, Suite F

Luray, VA 22835

Procurement Contact: Cindy Stidham, Purchasing Agent

Phone: 540-743-4998 ext. 1204

E-mail: cstidham@pagecounty.virgina.gov

The County of Page is soliciting proposals from qualified and capable providers to supply foods, groceries, dry goods, beverages, and janitorial items to be used at the Page County Jail. A printed copy of this request for proposal (RFP) document is available upon request at 103 South Court

Street, Suite F, Luray, VA 22835. All proposals shall be received no later than 2:00 PM on April 29, 2024. Proposals can be mailed, hand delivered, or submitted electronically on eVA. Mailed proposals should be labeled “RFP 2024-3310-01” and sent to Cindy Stidham, County of Page, 103 South Court

Street, Suite F, Luray, VA 22835. Proposals that are hand delivered must be brought to the Finance

Department, located at 103 South Court Street, Room 210, Luray, VA 22835. Questions shall be submitted to the procurement contact via email no later than 5:00 PM on April 17, 2024. All questions posed shall reference a page number and section number in the RFP. Responses to questions will be compiled in a single document and provided to all interested parties via email, posted on eVA and the County’s website no later than 5:00 PM on April 22, 2024. This procurement shall utilize competitive negotiation practices.

mailto:cstidham@pagecounty.virgina.gov

RFP 2024-3310-01 2

Vendor Data Sheet – Please Return

Offerors shall ascertain prior to submitting a response that all Addenda issued have been received and shall acknowledge receipt and inclusion of all Addenda here:

Addendum No. ___ Date: ______ Addendum No. ___ Date: ______ Addendum No. ___ Date: ______

In compliance with this Request for Proposals and all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached proposal or as mutually agreed upon by subsequent negotiations. By my signature below, I certify that I am authorized to bind the Offeror in any and all negotiations and/or contractual matters relating to this Request for Proposals. Sign in ink, and type or print requested information.

My signature certifies that this firm or individual has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the Page County Jail, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or person that could be considered as a conflict of interest or a potential conflict of interest to the Page County Jail pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the Page County Jail.

INCLUDE PAGE 2 OF THIS RFP AS THE FIRST PAGE OF YOUR PROPOSAL RESPONSE

THIS PROPOSAL RESPONSE IS SUBMITTED BY:

Full Legal Name of Offeror: ______________________________________________________________

Mailing Address: Remittance Address (If Different):

Federal Identification Number: Date: ____________________________

Phone: ( ) Fax: ( )________________________

Email Address: Contact Person: ___________________

Typed/Printed Name: ________________________________________

Signature: ___________________________________

(Person signing must be authorized to bind the Offeror in contractual matters)

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Table of Contents

Vendor Data Sheet

Purpose and General Comments

Scope of Work

Contractual Requirements

Proposal Preparation

Criteria for Proposal Evaluation

Method of Award

General Terms and Conditions

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Purpose and General Comments

A. The following is a Request for Proposals (RFP) for the purpose of obtaining formal proposals from qualified and capable providers to provide foods, groceries, dry goods, beverages, and janitorial items to be used for the inmates housed at the Page County Jail.

B. The County reserves the right to accept or reject any or all proposals in part or whole, to waive informalities, and to re-issue any request for proposal. The County also reserves the right to award the contract as it deems will best serve its interests.

C. The County may award the contract all or in part to selected vendor(s) who have made the best proposal and determined to be most advantageous to the County.

Scope of Work

A. The successful contractor will be required to provide high quality foods, groceries, dry goods, beverages, and janitorial items to be used at the Page County Jail.

B. Ordering

Contractor shall work directly with the Jail to determine ordering methods, including but not limited to the following:

a. Specific times for ordering, such as day of week, time of day and time last order or orders will be accepted for next scheduled delivery.

b. How orders are accepted (i.e. electronically, faxed, or phoned in).

c. Cut off time for calling in of add-ons and deletions to order.

C. Delivery of Product

a. All products supplied to the Jail shall be processed, packaged, and delivered in accordance with the regulations of the Virginia Health Department, U.S. Department of Agriculture, and the requirements of the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder.

b. The successful contractor shall coordinate weekly deliveries to minimize jail lockdowns.

Deliveries can be made Monday through Friday before 6:00 AM.

c. There will be no minimum amount for a delivery to be made.

d. No fuel surcharges shall be added to any delivery without prior notification and authorization by the Jail’s appointed designee.

e. Damaged or sub-standard condition products shall be rejected and returned for credit.

D. Invoicing

a. Contractor shall submit a weekly invoice. Prices invoiced shall be on a unit price basis as

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specified by the Bid Form.

b. Payment terms shall be Net 30 days upon receipt of invoice.

Contractual Requirements

A. Price Adjustment

a. Prices shall remain firm for the initial contract period of one year. Should the Page County Jail exercise the option to renew the contract for additional one-year periods, the Contractor may request a price increase prior to the end of the then current period. The price increase for each renewal period shall not exceed the change of the Consumer Price Index (CPI) for food or the Producer Price Index (PPI) Series: food not seasonally adjusted as published by the

United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. The new contract price(s) shall be calculated by applying the published index percentage change to the then current unit price(s). The newly adjusted price(s) will become effective upon a mutually acceptable date, but not prior to the date of renewal period, and will apply to goods or services requested on or after the effective date of the new price. The Contractor shall submit a written request for a price increase (email, facsimile, or US Mail) to the Jail and the Finance Department’s Purchasing Agent. When applicable, proof of price changes from the manufacturer or other relevant sources shall accompany the price increase request.

Price increases will not be automatic and are subject to approval by the Page County Jail. If approved by the Page County Jail, price increases shall be limited to a maximum of 5% for each one-year renewal period.

c. If a price decrease is provided by the supplier, distributor or manufacturer, such price decrease shall be immediately passed on to the Page County Jail.

d. Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.

B. Product Changes

a. Substitution of a product, brand, or manufacturer after award of contract is prohibited unless approved in writing by the Jail’s appointed designee. The Jail, at its discretion, requires the

Contractor to provide a substitute item of equal quality subject to approval by the Jail for the same price, if the product for which the contract was awarded becomes unavailable to the

Contractor.

b. The Jail and the Contractor may, by mutual agreement, add or delete items within the scope of the services of the contract. New items or replacement items for items that become unavailable from Contractor's distributor or manufacturer may be added to the contract at a price that is not more than the existing unit price for a comparable item listed in the contract.

Should there be no comparable item in the contract, such items may be added at a unit price agreed to by the parties. All such changes shall be evidenced by a written agreement between the parties.

C. Insurance http://www.bls.gov/cpi http://www.bls.gov/ppi

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The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the Page County Jail and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen’s compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the Page County

Jail as additional insured and as alternate employer, must be included with the Certificate of

Insurance. Please make sure prior to submitting a proposal that all insurance endorsement forms have been reviewed by your insurance carrier.

Contractor shall have ten (10) days from the date of the Page County Jail’s request, to provide insurance documentation. Failure to provide the certificate and forms within this period may be cause for the Page County Jail to award a contract to the next responsive Offeror and hold the original Contractor liable for excess costs.

D. Nondiscrimination

The Offeror agrees as follows:

a. The Offeror will not discriminate against any employees or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the

Offeror. The Offeror agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

b. The Offeror, in all solicitations or advertisements for employees placed by or on behalf of the

Offeror, will state that such Offeror 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 the requirements of this section.

d. The Offeror will include the provisions of the foregoing paragraphs a, b, and c in every sub-agreement or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

E. Indemnification

To the fullest extent permitted by law, the Offeror, for itself, heirs, representatives, successors, and assigns, agrees as follows:

a. The Offeror covenants to save, defend, keep harmless and indemnify the Page County Jail, the County, and all of its agents and employees (collectively, the "Jail") from and against any and all claims, loss, damage, injury, costs (including, court costs and attorney's fees), charges, liability or exposure, however caused, resulting from, arising out of or in any way connected with the Offeror's performance (or nonperformance) of the agreement terms or its obligations under this agreement.

b. The terms of this indemnity agreement shall continue in full force and effect until such time as the Jail gives the Offeror written release from this indemnity agreement.

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c. In executing this agreement, the Offeror represents and warrants that the Offeror has completely read, fully understood, and voluntarily accepted its terms and has executed it expressly to make the covenants in favor of the Jail described in paragraph a. immediately above. In executing this agreement, the Offeror expressly reserves any and all rights that the

Offeror may have against any person, firm or corporation other than the Jail, its successors, representatives and assigns.

F. Royalty, License Fees, Copyright, Trademark, and Patent Protection

The successful Offeror shall pay all royalty and license fees relating to the items covered by the contract. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the

Offeror shall indemnify and hold harmless the Jail and the County from any costs expense, damage or loss incurred in any manner by the Jail on account of such alleged infringement.

G. Laws and Regulations

The Offeror shall abide by all Federal, State, Local laws, general Tariff Laws, and regulations governing the provision of the services called for in the agreement. The Offeror shall also abide by all rules and regulations established by the Jail governing the operations of the Facility. The

Offeror shall give notice and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. All equipment must be

FCC approved.

H. Licenses and Permits

The Offeror shall secure and pay for all permits, governmental fees, and licenses necessary for the proper execution and compliance of the work which are legally required prior to and during the work.

I. Taxes

The Offeror shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied as required by applicable law.

J. Compliance With All Requirements

The Offeror shall comply with all applicable Federal, State and Local laws, codes, and regulations.

K. Independent Offeror

The Offeror is an independent offeror, and nothing contained in the AGREEMENT shall constitute or designate the Offeror or any of its agents or employees as employees of the Jail.

As specified, unless otherwise negotiated, bid prices, structures or programs must include delivery costs.

E. There can be no cancellation of products used without an equal and acceptable replacement approved by the Jail’s appointed designee during the term of the agreement.

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F. Contractor must notify the Jail’s appointed designee of any products discontinued. In such instances, the Contractor shall work with the Jail to identify and implement alternatives that shall maintain or reduce costs associated with the replacements.

G. Opportunity and Special Buys

The Jail encourages the successful Offeror to make available "Opportunity Buys" and "Special

Buys" defined as follows:

a. Opportunity Buys - one time inventory liquidations due to oversupply, discontinued labels, change of pack or other reason(s) which do not affect food quality or safety.

b. Special Buys - imperfect items that do not meet the standard for a manufacturer's #1 quality product. These products may have slight cosmetic imperfections, but shall be current pact, and have the same nutritional value as the manufacturer's #1 quality product.

c. If the Offeror has done so, please list three (3) Opportunity or Special Buys it has extended to its customers within the last year.

Proposal Preparation

A. To be considered, Offerors must submit a complete response to the Request for Proposals.

Proposals shall be signed by a general partner, corporate officer or other representative authorized to bind the Offeror for contractual matters. All information requested shall be submitted. Original signatures are required on proposal documents. Proposals should be prepared simply providing a straightforward and concise description of capabilities.

B. Offerors should organize their proposals using the format described below:

a. Vendor Data Sheet (see page 2 of RFP) – Complete the form. All proposals should have the complete legal name of the firm and be signed, in ink, by an officer or employee having the authority to bind the company by their signature. Signatures by anyone, other than the

President, Vice-President, or a general partner, should have accompanying documentation that the individual is empowered to bind the company or partnership. The Offeror should provide its federal employer identification number if a proprietorship, partnership, or corporation.

b. Company History – Provide a brief statement of the company's background, organization, number of years providing these types of services, volume of food provided, and general qualifications to provide the services and work required.

c. Key Personnel – List the qualifications of key employees who will be assigned to this project, including any subcontractors, emphasizing their experience in working with similar projects.

d. References – List at least three references from current customers of the proposed services.

The list shall include client name, address, telephone number, description of type of services performed, and personnel we may contact, with special emphasis on all facilities serviced in the Commonwealth of Virginia.

e. Equal Opportunity – Provide a statement that the Offeror is an equal opportunity employer

RFP 2024-3310-01 9

and does not discriminate against any employee, subcontractor, or applicant for employment because of race, religion, color, sex, or national origin.

f. Pricing Spreadsheet – Complete pricing spreadsheet, using the Excel file uploaded to eVA and the County website. When calculating the Offeror’s price per unit, the Offeror shall use the same unit listed in the Current Packing column. While researched and validated, project quantities are estimates only and are subject to change or variances. Delivery charges should be included in the pricing spreadsheet.

C. Proprietary Information

Offerors shall submit, in a separate section of the proposal, any information considered proprietary and any copyright material. These pages shall be clearly identified as proprietary and/or copyrighted information.

D. Questions

Any questions concerning this project should be directed to the procurement contact:

Cindy Stidham, Purchasing Agent cstidham@pagecounty.virginia.gov

540-743-4998 ext. 1204

E. Proposal Submission

a. Proposals must be submitted no later than April 29, 2024, by 2:00 PM.

b. Proposals can be mailed to Cindy Stidham, Couty of Page, 103 South Court Street, Suite F, Luray, VA 22835. If mailed, submissions shall have “RFP 2024-3310-01” written on the package.

c. Proposals can be hand delivered to the Finance Department located at 103 South Court

Street, Room 210, Luray, VA 22835.

d. Proposals can be submitted electronically on eVA; however, bidders must be registered in eVA to do so. The following are instructions for submitting an electronic proposal:

i. Go to www.eva.virginia.gov

ii. Click on “I sell to Virginia”

iii. Click on “eVA Supplier Training;” and

iv. Click on “Viewing and Responding to Solicitations Video”

e. Proposals received after the set time for receipt shall not be considered and shall be returned unopened to the proposer.

mailto:cstidham@pagecounty.virginia.gov http://www.eva.virginia.gov/

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Criteria for Proposal Evaluation

Each proposal will be evaluated according to the following criteria:

Functional Requirements 25

This criterion considers the extent to which the Offeror’s proposal satisfies the services requested by this RFP.

Experience and Qualifications 25

This criterion considers the Offeror’s, their individual proposed assigned staff, and any subcontractor’s qualifications and experience with working on projects or contracts of similar size and scope.

Price 40

This criterion considers the Offeror’s pricing for completing the requested services.

Responsiveness 10

This criterion considers the Offer’s ability to complete the proposal in its entirety and provide all necessary information.

Total 100

The County reserves the right to award any subsequent contract to the Offeror it believes is the best candidate to fulfill the requirements of this RFP. Lowest price, though important, is not the only factor considered in the County's determination. The County may award the contract all or in part to selected vendor(s) who have made the best proposal and determined to be most advantageous to the County.

Method of Award

A. Agreement Award

Selection shall be made of two (2) or more offerors deemed by the Jail to be fully qualified, responsible, and best suited among those offerors submitting proposals, and on the basis of the factors involved in the RFP. The Jail may engage in individual discussions with all offerors deemed to be fully qualified, responsive, and suitable on the basis of initial proposals and may utilize information on the qualifications, expertise, performance record, and competence of such offeror, in making the initial selection. Negotiations shall be conducted with each of the offerors so selected, after which the contract shall be awarded to the offeror which has in the opinion of the Jail, made the best proposal. In awarding the contract, price shall be considered, but will not be the sole determining factor. Should the Jail determine, in writing, that only one offeror is more fully qualified than the others submitting proposals, a contract may be negotiated and awarded to that offeror.

Any and all proposals may be canceled or rejected, provided the reasons for such cancellation or rejection shall be made part of the contract file. All informalities in proposals may be waived.

Proprietary information obtained from competing offerors to this RFP shall not be disclosed to the public or to any offerors.

Jail reserves the right to award any subsequent contract to the Offeror it believes is the best

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candidate to fulfill the requirements of this RFP and lowest price, though important, is not the only factor considered in the Jail's determination.

B. Agreement

The successful Offeror will be required to execute an agreement.

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General Terms and Conditions

A. COMPETITION INTENDED: It is Page County’s intent that this document permits competition. It shall be the prospective bidder’s responsibility to advise the Finance Director in writing if any language requirements, specifications, etc., or any combinations thereof, inadvertently restrict or limit the requirements stated in this document to a single source.

The Finance Director must receive such notification not later than ten (10) calendar days prior to the date set for the bids to close.

B. INQUIRIES: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder shall contact the employee listed in the Bid Inquiries and Addenda section by the specified date.

C. ADDENDA: Any and all changes will be made by addendum. All addenda issued will become part of the bid.

D. INCONSISTENCY IN PROVISIONS: In the event there are inconsistencies between the General Terms and Conditions and any other schedules contained herein, the first shall govern.

E. COOPERATIVE PURCHASING: It is the desire of Page County that all other jurisdictions be allowed to “ride the bid” and enter in to a contract with any successful Contractor chosen by Page County, based on mutual agreement between successful Contractor(s) and other jurisdiction(s).

If this bid is used as a cooperative IFB issued by Page County, the following would apply:

1. Page County is acting as the “Contracting Agent” for the jurisdictions concerned and shall not be held liable for any costs, damages, etc., incurred by any other jurisdiction.

2. Each jurisdiction will execute its own purchase orders with the Contractor(s) and be invoiced accordingly, in accordance with each jurisdiction’s purchasing policy and procedures.

3. For copies of other jurisdictions’ terms and conditions, Contractor must contact them.

F. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Article 6 of the Virginia Public Procurement Act (VPPA) as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered in to by

Page County. A copy of these provisions may be obtained from the Finance Director upon request.

By submitting their bids, all bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or Subcontractor in connection with their bid, and that they have not conferred to 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 value, present or promised, unless consideration of substantially equal or greater value was exchanged.

The provisions referenced above supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia Conflict of Interest Act (§2.2-3100 et. Seq.). The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act. To the extent that violations of the ethical standards of conduct constitute violations of the Code of Virginia, they shall be punishable as provided therein. Such sanctions shall be in addition to the civil remedies set forth.

By entering into a contract, the bidder conveys, sells, assigns, and transfers to Page County, all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the anti-trust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Page County, under said contract.

Consistent and continued tie bidding could cause rejection of bids by Page County and/or investigation for anti-trust violations.

G. TAX-EXEMPT STATUS: Since municipalities and school districts are exempt from all direct federal and state taxes, Page

County is tax-exempt and will provide a tax-exempt certificate upon request. Contractor is responsible for paying any and all taxes on any purchases that it directly makes.

H. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed by the laws of the

Commonwealth of Virginia. All Court proceedings shall be held in the Commonwealth of Virginia. The contractor shall comply with all applicable federal, state and local laws, rules, ordinances, and regulations.

I. FIRM BID PRICING: Page County requires the bid price remains firm for ninety (90) days after date of the bid opening, during which period bids may not be withdrawn. “Discount from list” bids are not acceptable unless requested.

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J. TIE BIDS: The Finance Department and all other departments of Page County making purchases of services, supplies, material or equipment, shall, in making purchases of same, give preference to services, supplies, material or equipment sold by Page County and the State of Virginia vendors, in that order, in all cases of tie bids, quality and service being equal.

K. ANTI-DISCRIMINATION: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4311, Employment

Discrimination by Contractor Prohibited” which reads:

All public bodies shall include in every contract of more than $10,000 the following provisions:

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 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 the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

L. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the

Federal Immigration Reform and Control Act of 1986.

M. DEBARMENT STATUS: By submitting a bid, the bidder certifies that they are not currently debarred by the Federal

Government, Commonwealth of Virginia, or by any City, Town, or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

N. RESPONSE FORM PROCEDURES:

1. Response Forms must be signed and received at the Finance Department, before the opening hour.

2. Sealed Bids and Sealed Proposals offered by fax and or telephone will not be accepted.

3. Quotes offered by fax will be accepted; however, telephone quotes will not be accepted.

4. All Response Forms delivered in person must be delivered to the Finance Department.

5. In submitting a Response Form, the bidder signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment and/or services necessary to perform this project in accordance with all documents constituting the bid and will comply satisfactorily with the bid documents.

6. Further, the bidder signifies that, when necessary, he/she has inspected the site on which the work shall be done and is aware of all conditions affecting the execution of the work contained within the bid documents. Failure to visit the site will in no way relieve the successful bidder from performance under the contract.

7. All information required by the solicitation must be supplied to constitute a responsive bid. All information submitted including prices should be typed so as to insure legibility. However, the bidder’s signature shall be handwritten in ink in order for the bid to be considered.

8. The bidder expressly warrants that the price or prices quoted herein are not the result of an agreement or understanding expressed or implied with any other bidder or bidders.

9. By submitting a Response Form, bidders certify that they are not currently debarred by Page County from submitting bids, proposals or quotes on contracts, nor are they an agent of any person or entity that is currently debarred by Page County from submitting bids, proposals or quotes.

10. Any Response Form submitted with corrections must have corrections initialed by the person who signed the original. The unit price will prevail in the event an error is made in computing totals.

11. All prices for materials are to be F.O.B. Destination, prepaid and allowed. 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, commodity description, and quantity.

12. The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his/her right, title, or interest therein, or his/her power to execute written consent of Page County.

13. Bidders are encouraged to have a representative at the bid opening if information on the bids submitted is desired.

14. Bids will be opened at the advertised local prevailing time, but Page County officials reserve the right to take sufficient time to study the various bids and then make the awards. Bids will be awarded as promptly as

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possible after the closing date.

15. Unless otherwise specified, Response Forms must be submitted in triplicate and will be received at: Page County

Purchasing Office

16. Sealed Bid envelopes must be clearly marked with the IFB number on the outside.

17. Sealed Bids will be received up to the advertised time and date at the Page County Finance Department and at the appointed time will be opened publicly and read aloud. The clock on the Finance Department’s wall will be used to log the time each bid/proposal is received.

18. If more than one bid opening is held the same date, bids will be opened in succession as numbered and lettered

(A, B, C, etc.).

1. Late bids will not be accepted. Bids received in the mail will be returned to the bidder unopened (provided properly sealed and marked as indicated above). Failure to comply with conditions set forth herein may result in removal of bid (all/part) from consideration.

2. All contracts, unless otherwise specifically stated, shall provide materials/commodities in new, first-class condition, fresh stock, latest model, design or pack. This shall include any containers suitable for shipment, usage and/or storage unless otherwise indicated within this document. Verbal agreements to the contrary will not be recognized.

3. Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specifications and which are clearly necessary for the completion of such equipment and its appurtenance shall be considered a part of such equipment although not directly specified or called for in the specifications.

4. By law, Page County will not receive any materials, products, or chemicals that may be hazardous to an employee’s health, unless accompanied by a Material Safety Data Sheet (MSDS) when products and/or chemicals are received. MSDS must be submitted to Page County in triplicate.

O. BID WITHDRAWALS

1. A bidder, for contract other than for public construction, may request withdrawal of his/her bid before award, by submitting a written request to the Finance Director.

2. After bid/proposal opening, corrections shall be permitted only to the extent that the vendor can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the price actually intended. After the opening, no changes in prices or other provisions of bids/proposals prejudicial to the interest of the County or fair competition shall be permitted. In lieu of bid correction, a low bidder/offeror alleging a material mistake of fact may be permitted to withdraw its bid/proposal if:

a. the mistake is clearly evident on the face of the bid/proposal document but the intended correct bid/proposal is not similarly evident; or

b. the vendor submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the Finance Director.

3. If bid bonds were tendered with the bid, Page County may exercise its right of collection. No bid may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid of the same bidder in which the ownership of the withdrawing bidders is more than five percent (5%).

4. If a bid is withdrawn under the authority of this paragraph, the lowest qualified remaining bid shall be deemed to be the low bid.

5. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the

Finance Director.

6. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or to 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.

P. AWARD SPECIFICS

1. Page County reserves the right to accept, reject and/or cancel all or any part of any Response Form, and to waive minor technicalities.

2. Awards will be made to the lowest responsive and responsible bidder(s), provided services and quality are considered to be equal to (or better than) that offered by other bidders, and the right is reserved to make the award to other than the lowest bidder when it is in the best interest of Page County. Further, Page County will be the sole judge as to conditions affecting such interest.

3. Page County may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the work and/or furnish the item(s), and the bidder shall furnish to Page County all such information and data for this purpose, as may be requested.

4. Page County reserves the right to inspect bidder’s physical facilities before award to satisfy questions regarding the bidder’s capabilities. Page County further reserves the right to reject any bid, proposal or quote if the evidence submitted by, or investigations of, such bidder fails to satisfy Page County, that such bidder is properly qualified to carry out the obligations of the contract and to complete the work and/or furnish the

RFP 2024-3310-01 15

item(s) contemplated therein.

5. Page County reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services confirm to the specification.

6. A contract shall not be assignable by the Contractor, in whole or part, without the written consent of Page County.

7. Unless otherwise specified, the right is reserved to make award based on all work and/or items, or on any part of work/items, whichever is in the best interest of Page County.

8. The right is reserved to cancel any contract and reject deliveries of any products or materials not in accordance with the specifications. All returns or exchanges will be at the Contractor’s expense. Page County shall be the sole and final judge.

9. The Contractor shall pay all sales, consumer, use and other similar taxes for work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective.

10. The right is reserved to decide when a deviation from specifications is of sufficient consequence, when measured against the purpose for which the item will be purchased, to justify including it for consideration. Page County shall be the sole and final judge.

11. Should the delivery of any part of an order be delayed beyond time specified, or should any portion of the products delivered fail to comply with the specifications, Page County shall have the right to buy at market price for immediate delivery, and any excess cost of same over the price named herein is to be paid by the Contractor or deducted from any money due him/her thereafter.

12. If delay is foreseen, the Contractor shall give thirty (30) days prior written notice to the Finance Director. Page

County has the right to extend delivery date if reasons appear, in the sole discretion of Page County, to be valid.

The Contractor must keep Page County advised at all times of status of order.

13. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the Finance

Department to purchase supplies, equipment or services elsewhere and charge the full increase in cost and handling to the defaulting Contractor.

14. Page County will permit NO SUBSTITUTIONS OR CANCELLATIONS after award without written approval.

15. When Page County notifies a bidder, in writing, of its acceptance of the bidder’s price(s) of any goods or services, this notification will signify the effective date of the acceptance of this contract.

16. Cancellation of a contract for any reason may result in the removal of the successful bidder’s name from the mailing list for future bidding. If the cancellation is for non-performance of the contract, such cancellation may be at the successful bidder’s expense.

17. All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Finance

Department before final payment on the contract is made. Unless otherwise stated, the manufacturer’s standard warranty applies.

Q. JUSTIFICATION FOR TERMINATION

1. Page County may terminate this contract in whole or part whenever the Finance Director shall determine that such a termination is in the best interest of Page County.

2. Any such termination shall be affected by delivery to the Contractor at least ten (10) business days prior to the termination of a written Notice of Termination specifying the extent to which performance shall be terminated and the date upon which such termination becomes effective.

3. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit or unperformed services.

4. If any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval by Page County until said work or service is completed and accepted.

5. Possible reasons for termination are:

a. Termination for Convenience – in the event this contract is terminated or cancelled upon request and for the convenience of Page County, without the required ten (10) days advance written notice, then Page County shall negotiate reasonable termination costs, if applicable.

b. Termination for Cause – termination by Page County for cause, default or negligence on the part of the

Contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The ten

(10) days advance notice requirement is waived in the event of Termination for Cause.

c. Termination Due to Unavailability of Funds in Succeeding Fiscal Years – when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

R. DRUG FREE WORKPLACE: Every individual or firm bidding must be an Equal Opportunity Employer as defined by federal law and the Code of Virginia, Virginia Public Procurement Act as amended: “Section 2.2-4312, Drug-free

Workplace to be Maintained by Contractor; Required Contract Provisions” which reads:

All public bodies shall include in every contract over $10,000 the following provisions:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's

RFP 2024-3310-01 16

employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

S. INSURANCE REQUIREMENTS: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contactor and any subcontractors, at any tier, will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

1. Please note the below insurance requirements are guideline minimum amounts only, and, depending on the goods/services required, may be increased or decreased. Any changes in insurance requirements will be referenced within this document, under Specific Reference to General Terms and Conditions.

2. The successful bidder shall procure, maintain and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from, or in conjunction with, the work performed on behalf of Page County by the bidder, his/her agents, representatives, employees or Subcontractors.

3. Actual proof of coverage as contained herein shall be submitted to the Page County Finance Department within five (5) days after award has been made and before any work starts, services are provided, or goods are delivered.

4. The bidder shall maintain such coverage for the duration of the contract period for “occurrence” policies. “Claims made” policies must be in force, or that coverage purchased, for three (3) years after contract completion date.

5. The Certificate of Insurance shall be properly completed as follows:

a. It shall name “Page County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear)” as “Certificate Holder”.

b. It shall list “Page County, Virginia, its officers, officials, employees, volunteers and agents (as their interest may appear) added as an additional insured” under “Description of

Operations/Locations/Vehicles/Exclusions Added by Endorsement/Special Provisions”.

c. This provision may not apply to Professional Liability or Workers’ Compensation/Employers’ Liability.

6. The Certificate of Insurance shall be for a minimum of the following:

a. Worker’s Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the County of Page of increases in the number of employees that change their workers’ compensation requirements under the

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability – $100,000

c. General Liability – per occurrence, $1,000,000.00

This coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Bodily

Injury and Property Damage, Personal and Advertising Injury, and Commercial General Liability form including

Products/completed Liability Operations.

d. Automobile Liability – per occurrence, $1,000,000.00

Coverage shall be sufficient to cover all vehicles owned, used or hired by the bidder, his/her agents, representatives, employees and/or Subcontractors.

e. Product Liability – $1,000,000.00

Refer to General Liability above.

f. Professional Liability/Errors and Omissions Coverages are required when soliciting those services as follows:

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or $1,000,000 per occurrence, $3,000,000 aggregate

Abatement Contractors

Health Care Practitioner (to include Dentists, $2,350,000 per occurrence, $7,050,000 aggregate

Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, RFP 2024-3310-01 17

Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health Maintenance

Organizations.)

(This complies with §8.01-581.15 of the Code of Virginia)

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

7. The Contractor’s insurance company shall provide thirty (30) days written notice to Page County before any cancellation, suspension, or void of coverage, in whole or part, where such provision is reasonable.

8. Contractor shall be responsible for making sure any/all Subcontractors each provide a Certificate of Insurance and meet all of Page County’s insurance requirements.

9. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by Page

County. At the option of Page County, either the insurer shall reduce or eliminate such deductible or self-insured retention; or the bidder shall be required to obtain a bond guaranteeing payment of losses and…