7-Special Provisions.pdf

IFB 2000004240

Special Provsions

1. SCOPE:

1.1. The purpose of this solicitation is to establish a term contract(s) for Ceramic Clay for all departments and activities of Fairfax County Public Schools and Fairfax County Government for the requirements listed in this solicitation.

1.2. Bidders are required to include the following with their bid:

a. Vendor’s legal Authorized Signature (DPMM32 – Cover sheet)

b. Appendix B - Forms

c. Appendix C - Pricing Schedule

d. Product Information

e. W9

f. Addenda, if applicable.

Failure to provide these items may result in rejection of the bid.

2. PRE-BID CONFERENCE:

2.1. An optional pre-bid conference will be held on November 18 at 10:00 a.m. via Zoom Video

Conference. Those interested in attending the pre-bid conference must contact the Contract Specialist at ( email) to obtain the Zoom link. Attendees requiring special services are asked to provide their requirements to the Office of Equity and Employee Relations at 571-423- 3070, HRequity&empolyeerelations@fcps.edu or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

2.2. Notify the Contract Specialist as soon as possible, but no later than two (2) days in advance of the meeting if a participant will connect to the meeting from outside of the United States.

2.3. The purpose of the pre-bid conference is to give potential bidders an opportunity to ask questions and to obtain clarification about any aspect of this Invitation for Bids. Bidders may submit any questions pertaining to the IFB, in writing, prior to the pre-bid conference to jmstern@fcps.edu

3. PUBLIC BID OPENING:

4.1 A public Bid Opening is scheduled on (December 1, 2025 at 9:30 a.m.) via Zoom Video

Conference. Anyone interested in attending the public bid open can attend by joining here:

(https://myfcpsk12.zoom.us/j/99386209090?pwd=64HeCViFV4dAbCq6OxhdRFNQhlLap8.

1&from=addon).

4. PERIOD OF CONTRACT:

4.1. The period of this contract shall be from the date of award through December 31, 2030.

4.2. Automatic contract renewals are prohibited. This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must be authorized by and coordinated through the Office of Procurement Services. FCPS reserves the right to renew the contract for three (3) additional one-year periods.

4.3. Notice of intent to renew will be given to the Contractor in writing by the Office of Procurement

Services, normally 60 days before the expiration date of the current contract. (This notice shall not be deemed to commit the County to a contract renewal.)

mailto:HRequity&empolyeerelations@fcps.edu mailto:jmstern@fcps.edu https://myfcpsk12.zoom.us/j/99386209090?pwd=64HeCViFV4dAbCq6OxhdRFNQhlLap8.1&from=addon https://myfcpsk12.zoom.us/j/99386209090?pwd=64HeCViFV4dAbCq6OxhdRFNQhlLap8.1&from=addon

4.4. The obligation of the County to pay compensation due the Contractor under the contract or any other payment obligations under any contract awarded pursuant to this Invitation for Bid is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations. The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide the Contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice will not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

5. PRICES AND PRICE ADJUSTMENT:

5.1. All prices/discounts shall be F.O.B. Destination, freight prepaid and allowed and shall include all charges that may be imposed in fulfilling the terms of this contract.

5.2. The Contractor agrees that for unit price contracts, prices shall remain firm for 365 days.

If the price is increased after 365 days, the unit price may be increased only upon approval of a written request to the Purchasing Agent. Upon receipt of the Contractor’s request, the County shall make a determination to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor. Any price adjustment agreed to shall take place only in accordance with the schedule defined above.

5.3. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in manufacturer's price, etc.)

5.4. The request must be received at least 30 days prior to the effective date and shall become effective only upon approval by the County Purchasing Agent. The increased contract unit price shall not apply to orders received by the Contractor prior to the effective date of the approved increased contract unit price. Orders placed via County Purchase Order, shall be considered to have been received by the Contractor after the fifth (5th) calendar day following the date issuance. The County Purchasing Agent may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation.

5.5. Price decreases shall be made in accordance with paragraph 40 of the General Conditions and Instructions to Bidders.

6. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES:

6.1. Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise. Please refer to the paragraph entitled, METHOD

OF ORDERING.

6.2. The quantities specified in this solicitation are estimates only, and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period. Waiver of ten percent (10%) limitation in paragraph 28, General Conditions and Instructions to Bidders, is acknowledged.

7. DELIVERY/TIME OF PERFORMANCE:

7.1. Fairfax County requires that inside delivery be made FOB destination within thirty (30) business days, after receipt of order. Bidders must insert a definitive time frame, IN DAYS, on the Pricing Schedule within which delivery will be made after receipt of order (ARO).

Indefinite terms such as "promptly," "stock," "without delay," etc., will not be given consideration. FAILURE TO PROVIDE A DEFINITIVE DELIVERY TIME WILL RESULT

IN THE DISQUALIFICATION OF THE BIDDERS’ BID IN ITS ENTIRETY OR FOR THE

ITEM SPECIFIED.

7.2. All items listed in the pricing schedule, Appendix B, will be stocked items for tailgate delivery to FCPS’ central warehouse located at:

Fairfax County Public Schools Johnie Forte Center Receiving Department 6800 B Industrial Road Springfield, VA 22151

7.3. Regular warehouse hours are 7:00 a.m. through 2:00 p.m., Monday through Friday, except holidays. Motor Freight shipments totaling MORE THAN 500 POUNDS MUST BE

SHIPPED ON PALLETS.

7.4. The County may pick up orders from the vendor when it is in the best interest of the County.

In these instances the Contractor shall release the materials only to the designated representatives of the County Agency authorized to place and pick up orders.

8. QUOTATION LIMITATION:

8.1. Bidders shall offer only ONE ITEM AND PRICE for each line item bid. No alternatives will be accepted, unless requested by the County. If an "or equal" item is to be bid, the bidder must select the brand and model that meets or exceeds the specified item and submit their bid for that item. A discount price offered for a quantity purchase of the same manufacturer and model would not be considered a limitation; however, only the unit price requested will be considered in award.

9. INTERPRETATION OF BID:

9.1. Any questions pertaining to this solicitation shall be directed to:

Jeremy Stern, Contract Specialist

Office of Procurement Services 8115 Gatehouse Road, Suite 4400 Falls Church, Virginia 22042-1203 Email: jmstern@fcps.edu

10. PRODUCT INFORMATION:

mailto:jmstern@fcps.edu

10.1. The bidder is responsible for clearly and specifically identifying the product being offered and enclosing complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the County to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered non-responsive.

11. SAMPLES:

11.1. Fairfax County Public Schools reserves the right to require a bidder to furnish samples within five (5) working days after the request is made.

11.2. Some items may require a sample prior to the contract award unless the bidder is bidding on the exact item specified in the pricing schedule’s item description.

11.3. All samples, if requested, must be furnished free of charge, clearly marked “SAMPLE” with the solicitation number, bid item number, bidder’s information, and delivered to:

Office of Procurement Services Attn: Jeremy Stern, Contract Specialist 8115 Gatehouse Road, Suite 4400 Falls Church, Virginia 22042-1203

12. SUBMISSION OF BIDS:

12.1. Bids must be received electronically through FCPS’ online Procurement Portal at:

https://fcps.bonfirehub.com, on or before the Submittal Deadline. Bids will only be accepted through the portal. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this IFB. Bid submissions and registration are free of charge. Bidders can register for a free account at:

https://fcps.bonfirehub.com, which will be required when preparing a bid. Documents may be uploaded at any time during the open period. The official time used for receipt of bids/modifications is the time stamp within the Euna Procurement (formerly known as Bonfire) portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Euna Procurement / Bonfire at Support@GoBonfire.com.

12.2. Bidders must submit all documents marked “required” on Euna Procurement / Bonfire through the FCPS Euna Procurement / Bonfire portal for their bids to be deemed responsive. Euna Procurement / Bonfire will not allow bids to be submitted unless all required items are completed.

12.3. If, at the time of the scheduled bid closing FCPS is closed due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the Euna Procurement / Bonfire system.

12.4. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Euna Procurement / Bonfire portal - Internet Explorer 11, Microsoft Edge, Good Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser mailto:Support@GoBonfire.com cookies must be enabled.

12.5. By executing the Cover Sheet, the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions.

13. PERFORMANCE EVALUATION

13.1. In the event that delivery shortages, delivery of substandard quality items, or unapproved substitutions affect FCPS’ operations, a reduction rate to the vendor’s invoice may be computed as follows:

CRITERIA

PERFORMANCE

RATING

FILLRATE

PERCENTAGE

INVOICE

REDUCTION

RATE

Performance meets contractual requirements:

Performance elements contain some minor problems for which corrective actions were taken.

Minimum number of valid complaints (no more than 5) received within in a 3-month period.

Satisfactory 95% - 100% None

CRITERIA

PERFORMANCE

RATING

FILLRATE

PERCENTAGE

INVOICE

REDUCTION

RATE

Performance does not meet contractual obligations:

Performance reflects a serious problem for which the Contractor has not identified a corrective measure in a timely manner.

Unsatisfactory

90% - 94% 5%

The performance element (Delivery Requirements) contains problem(s):

Performance reflects contractor’s repeated ineffectiveness and continued lack of corrective actions.

85% - 89% 7%

Performance reflects serious problems:

Serious problems include but are not limited to items that are on the menu, consistent shortages of p roduc ts , delivery of outdated or short dated product.

84% and below 10%

14. ADDENDA:

14.1. Bidders are reminded that changes to the Invitation for bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. The last chance to submit questions to be addressed in addenda is November 19, 2025 at 8:00 a.m. All addenda shall be signed and submitted as stated on the addenda in Euna Procurement / Bonfire. Notice of addenda will be posted on eVA and the Euan Procurement

/ Bonfire portal. It is the Bidder’s responsibility to monitor the web page for the most current addenda at www.fairfaxcounty.gov/solicitation.

15. CONTACT FOR ADMINISTRATION:

15.1. In the event a contract is executed with your firm as a result of this solicitation please indicate the person(s) we may contact for prompt contract administration, in the space provided on Appendix B.

16. BID EVALUATION/CONTRACT AWARD:

16.1. All items listed in this solicitation will be awarded on the basis of a firm fixed price to the lowest responsive responsible bidder meeting specifications.

16.2. The County reserves the right to award the contract in the aggregate, by line item, by section, or by Manufacturer and to make a Primary and Secondary award, based on the best interest of the County.

17. SHELF LIFE:

17.1. Line Items 1-5 requires shelf life as a factor to be considered and must be indicated on the Pricing Schedule; beside the item being bid, the number of months of shelf life, to read as follows:

“Shelf Life ____________months”

17.2. The expiration date of each item having a shelf life factor shall be clearly marked on the package and only fresh manufacturer stock will be accepted.

17.3. Each item must have a shelf life of a minimum of twelve (12) months.

18. CONTRACT INSURANCE PROVISIONS

18.1. The Contractor shall be responsible for its work and all materials, tools, equipment, appliances, and property of any and all description used in connection with this contract.

The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

18.2. The Contractor shall, during the continuance of all work under the contract maintain the following insurance:

a. Statutory Workers' Compensation and Employer's Liability with limits of at least $100,000 to protect.

b. Commercial General Liability insurance with limits of $1,000,000 each occurrence and

$2,000,000 aggregate including contractual liability, personal and advertising injury, and products, completed operations coverage.

c. Automobile Liability insurance, in the amount of $1,000,000 Combined Single Limit covering all vehicles operated by in in use by the Contractor in the performance of this contract.

18.3. Fairfax County Public Schools, the Fairfax County School Board, its officers and employees shall be named as an additional insured in the Automobile and General Liability policies.

18.4. Additional Requirements

a. The Contractor agrees to provide insurance issued by companies admitted within the

Commonwealth of Virginia, with the Best’s Key Rating of at least A:VI.

b. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from the requirement provided that the contractor’s broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A:VI or better.

c. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

d. Prior to commencement of services and during the term of the contract, the contractor will provide a signed Certificate of Insurance citing the contract number and such coverage as required in this section.

e. The contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to FCPS on demand.

f. The certificate holder’s name and address shall read: Fairfax County Public Schools, 8115 Gatehouse Road, Falls Church, VA 22042.

19. METHOD OF ORDERING:

19.1. The County may use two (2) different methods of placing orders from the final contract:

Purchase Orders (PO’s) and approved County procurement cards. The method of payment is at the discretion of the County. No additional surcharges will be accepted for the use of the procurement card.

19.2. A Purchase Order (PO) may be issued to the Contractor on behalf of the County agency ordering the items/services covered under this contract. An issued PO will become part of the resulting contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

19.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax County Public Schools “Procurement” Card. The Procurement card is currently a MasterCard. Contractors are encouraged to accept this method of receiving orders.

19.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

19.5. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed. Purchase requisitions shall not be used for placing orders.

20. CORRESPONDENCE:

20.1. All communications between the parties relating to material contractual issues shall be through the Contract Specialist and must be in writing to be deemed binding.

21. ADDITIONS/DELETIONS:

21.1. The County reserves the right to add similar items/services or delete items/services specified in the resultant contract as requirements change during the period of the contract.

Fairfax County and the Contractor will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

22. CANCELLATION OF ORDERS:

22.1. Purchases made under this contract are for readily available supplies. Time is of the essence in furnishing the items ordered. The County reserves the right to cancel the order and/or to refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

23. EMERGENCY PURCHASES:

23.1. Should the Contractor be unable to furnish the required item within the period of time specified in the contract the County reserves the right to make emergency purchases from other sources.

24. SALES/DELIVERY TICKETS:

24.1. Orders placed under this contract for delivery placed by PO, Procurement Card or for pick up by an authorized representative, shall be supported by the Contractor's Sales/Delivery Ticket. The Contractor's Sales/Delivery Ticket shall contain the following information:

1. Contractor's Name

2. Purchase Order number

3. Date of Purchase

4. Itemized list of supplies furnished

5. Quantity, unit price and extension of each item, and total, less any applicable trade discount in accordance with the Contract.

6. Name of authorized representative ordering the supplies

7. Name of Agency receiving the supplies.

24.2. In all instances, the Contractor will prepare a Sales/Delivery Ticket, whether delivery is made by the Contractor or pick up is made by a FCPS representative at the Contractor's place of business. The Contractor's Sales/Delivery Ticket will be signed, by the FCPS representative, with a copy being retained by the Contractor.

25. INVOICING PROCEDURE:

25.1. The Contractor shall submit a Summary Invoice once each month, listing the

Sales/Delivery Ticket numbers covering deliveries made during the monthly billing period and submitted to the BILL TO address shown on the Purchase Order. The invoice must be accompanied by one copy of each signed Sales/Delivery Ticket.

25.2. Invoices shall be email at FCPSInvoices@fcps.edu

25.3. The invoice shall contain the applicable Purchase Order number and the name of the Agency receiving the supplies. Payment will be made once each month.

26. ORDER OF PRECEDENCE:

26.1. In the event of conflict, the Acceptance Agreement and the Special Provisions of this solicitation shall take precedence over the General Conditions and Instructions to Bidders or any other contract document.

27. AUDIT:

27.1. The Contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the County of Fairfax, whichever is sooner. The County shall have full access to and the right to examine any of said materials during the retention period.

28. SUBCONTRACTING:

28.1. If one or more subcontractors are required, the contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Small Business and Supplier Diversity https://www.sbsd.virginia.gov, local chambers of commerce and other business organizations.

29. USE OF CONTRACT BY OTHER PUBLIC BODIES:

29.1. Reference Paragraph 71, General Conditions and Instructions to Bidders, Cooperative Purchasing: Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid. (See Appendix B for sample listing).

29.2. It is the Contractor’s responsibility to notify the public body(s) of the availability of the contract(s).

29.3. Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

29.4. Each public body has the option of executing a separate contract with the Contractor(s).

mailto:FCPSInvoices@fcps.edu

Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions.

If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

29.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

30. NEWS RELEASES BY VENDORS:

30.1. As a matter of policy, the County does not endorse the products or services of a Contractor.

A Contractor will not make news releases concerning any resultant contract from this solicitation without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

31. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

31.1. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request.

Bidders requesting special accommodations should call the Office of Equity and Employee Relations at 571-423-3070, HRequity&empolyeerelations@fcps.edu or TRS at 711.

Please allow seven (7) working days in advance of the event to make the necessary arrangements.

31.2. Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA), which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities and services. Fairfax County government Contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with ADA.

32. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

32.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

33. BACKGROUND CRIMINAL INVESTIGATION/IDENTIFICATION BADGES:

33.1. By the signature of its authorized official on the response to this solicitation, the Contractor certifies that neither the contracting official nor any of the Contractor’s employees, agents or subcontractors who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. The Contractor agrees to remove from the contract any employee, agent or mailto:HRequity&empolyeerelations@fcps.edu subcontractor who has been determined by the School Board to be disqualified from service due to such convictions or the failure to truthfully report such convictions.

33.2. The Contractor shall immediately notify the FCPS Contract Specialist if any Contractor or employee of said Contractor providing services under the contract is arrested or indicted as a defendant in Virginia or any other jurisdiction. FCPS reserves the right to require that the employee be suspended from working on the contract until the charge(s) is adjudicated.

This requirement does not apply to minor traffic violations, not requiring the appearance of the employee in court, unless the charge includes the illegal possession, distribution, use or influence of drugs or alcohol.

33.3. Due to enhanced security measures, Contractor employees/representatives are required to have photo identification and be able to present same upon request. Contractor employees/representatives shall report to the appropriate administrative and/or main office each time a site is visited. All Contractor employees will be required to wear a company picture ID badge, or temporary name tag, issued by the County, clearly visible above the waist. Contractor employees/representatives who arrive at the County/School facility without appropriate identification badges will immediately be dismissed from the job site.

33.4. Failure to comply with the above requirements may result in termination of the contract.