831266fireCfield.pdf

CHESTERFIELD COUNTY

PROCUREMENT DEPARTMENT

CHESTERFIELD, VIRGINIA

Invitation for Bids

IFB Number: ............................................................................................................................. IFB26000309 Title: .................................................................................................................................. Fireworks Displays

Issue Date: .................................................................................................................................. July 1, 2026

Sealed Bids Due: .............................................................................................. …July 27, 2026 @ 2:00pm

Sealed Bids Opening: 30 minutes after the Sealed Bids Due date and time specified above Bid Opening Location: .......................................................... Chesterfield County Virtual Bid Opening Link

Inquiries: Questions which may arise as a result of this solicitation may be addressed to Kelly Lomas, Senior Sourcing Officer, at (804) 717-6760, or by email to procurement@chesterfield.gov. Inquiries must be received no later than July 16, 2026 at 4:00 p.m. in order to be considered. Contact initiated by a bidder concerning this solicitation with any other County representative, not expressly authorized elsewhere in this document, is prohibited. Any such unauthorized contact may result in disqualification of the bidder from this transaction.

All prices shall be F.O.B. Destination: Chesterfield County Freight, delivery costs, and incidental charges shall be included.

My signature below certifies that:

• I am authorized to sign this bid on behalf of the firm listed below;

• I, on behalf of the firm listed below, agree to abide by all conditions of this bid;

• the accompanying bid is not the result of, or affected by, any unlawful act of collusion with another

Sourcing person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1, et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

• that the accompanying bid is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no County/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

• that the accompanying bid is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§ 2.2-4367, et. seq. of the Code of Virginia), and any other applicable law as set forth therein.

In compliance with this Invitation for Bids and to all conditions imposed therein the undersigned offers and agrees to furnish the goods/services in accordance with this signed bid.

Complete Legal Name of Firm: ________________________________________________________

Order From Address: ________________________________________________________ Remit To Address: ________________________________________________________ Signature: __________________________________ Email: _____________________________

Name (type/print): ___________________________ Title: _____________________________

Fed ID No.: _____________________ Phone: (____) _______________ Fax: (____) ______________

This page must be returned with the Bid Form.

TABLE OF CONTENTS

I. PURPOSE

II. SCOPE OF WORK/SPECIFICATIONS ......... Error! Bookmark not defined.

III. INSTRUCTIONS

IV.TERMS AND CONDITIONS

V. BID FORM

ATTACHMENT A - Virginia State Corporation Commission (SCC) Registration Information

I. PURPOSE

The purpose of this Invitation for Bids is to obtain firm pricing to furnish all labor, materials, equipment and related services to perform discharging of Fireworks for Chesterfield County fireworks show(s) on July 4, 2027, and July 4 of subsequent years as identified in this IFB.

II. SCOPE OF WORK/SPECIFICATIONS

The contractor shall:

Be responsible for the delivery, unloading, setup and discharging of all fireworks.

Be responsible for all costs associated with the fireworks display to include transportation, food, and lodging for crews and site clean-up.

Place and discharge all fireworks in an area designated by the County.

Start Fireworks display for July 4, 2027 and July 4 of all subsequent years at approximately 9:20 P.M. and the program shall be a minimum of twenty (20) minutes. The County may adjust exact start time with contractor based on weather and other event-related issues that may occur.

Have sufficient number of tarps/coverings for Fireworks in case of inclement weather.

Make careful examination of the display site and familiarize themselves with the site to ensure safe unloading, setting up, discharging and cleanup after the site.

Clean up: At the completion of the project, the contractor shall remove all debris and any misfired shell from, around and about the project site as well as all of his tools and equipment.

Additional displays: The County reserves the right to utilize the contractor for any other fireworks displays that may be conducted by the County at the prices, terms, and conditions of the resulting contract.

Delay / Cancellation: If inclement weather is pending, the County shall determine whether to delay, move the display to the next not-rainy day or to cancel the display.

Deposit: The County will make a 50% deposit to reserve the show no later than June

30 of each year.

Safety Data Sheets (SDS): Contractor shall provide SDS to the County each year of the contract.

Delivery Notification: The Contractor shall notify the Special Events Coordinator of the anticipated set up and delivery date for equipment and materials. Notification must be provided no later than one (1) week prior to July 4th each year. Contact Vicki Kiger at (804)748-1992 for all deliveries. All deliveries to shall be between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The County reserves the right to refuse delivery if notification is not given.

III. INSTRUCTIONS

Submission and Receipt of Bids

1. Sealed bids must be submitted either electronically or in hard copy. If submitted electronically, bids must be submitted via the County’s eProcurement system. If submitted in hard copy, bids must be delivered to Chesterfield County, Lane B.

Ramsey Building, c/o Procurement Department, 9901 Lori Road, P.O. Box 51, Chesterfield, Virginia, 23832, and they must be submitted in a sealed envelope with the IFB number and due date and time written on the outside of the envelope.

Bids must be received by the County no later than the specified time and date designated in the invitation. ANY NOTATION ON THE EXTERIOR OF THE

ENVELOPE OF A BID SUBMITTED IN HARD COPY THAT PURPORTS TO

ALTER, AMEND, MODIFY OR REVISE THE BID CONTAINED WITHIN THE

ENVELOPE SHALL BE OF NO EFFECT AND SHALL BE DISREGARDED. The time of receipt shall be determined by the official time clock stamp for bids submitted in hard copy and by the time submitted through the County’s eProcurement system for bids submitted electronically. Bidders are responsible for ensuring that their hard copy bids are stamped by Procurement Department personnel or designee before the deadline and for ensuring that their electronic bids are accepted through the County’s eProcurement system; acceptance may be verified through the bidder’s supplier account in the County’s eProcurement system. Late bids shall be rejected. A bidder should not submit a bid in both hard copy and electronically. A bidder should choose only one method of submitting a bid.

2. Should the bidder decide to utilize an express delivery service or hand deliver a hard copy of their bid, please note that the Lane B. Ramsey Building is located at the intersection of Ironbridge Road (State Route 10) and Lori Road. All bids shall be delivered to the Lobby.

3. Bids or changes to a bid response shall not be accepted via fax or email.

4. In the event that Chesterfield County government offices are not operating under normal staffing levels or if the location for hard copy bid submission, bid opening or a pre-bid conference is inaccessible due to inclement weather or other emergency situations at the published time, the bid submission, bid opening or pre-bid conference will default to the next regular business day at the same time.

5. All bids shall be signed in the space provided for a signature on the cover sheet and returned. Electronic signatures shall be acceptable for electronically submitted bids.

a. If the bidder is a corporation, the bidder shall show the title of the individual signing the bid, and if the individual is not the president or vice president of the corporation, if requested, the bidder shall submit proof that the individual has the authority to bind the corporation.

b. If the bidder is a partnership, the bidder shall show the title of the individual signing the bid, and if the individual is not the general partner of the partnership, if requested, the bidder shall submit proof that the individual has the authority to bind the partnership.

c. If the bidder is a limited liability company, the bidder shall show the title of the individual signing the bid, and if the individual is not a member or manager of the limited liability company, if requested, the bidder shall submit proof that the individual has the authority to bind the limited liability company.

6. Bids concerning separate bid invitations are not to be combined on the same form or placed in the same envelope, if submitted in hard copy, or submitted in the same electronic submission, if submitted electronically. Bids submitted in violation of this provision may not be considered.

7. Unless otherwise specified, bidders are to complete and return the Bid Form furnished by the County.

8. No bid shall be altered or amended after the specified time for opening.

9. If you are an individual with a disability and require a reasonable accommodation in order to participate in this procurement, please notify the Procurement Department at (804)748-1617 as soon as possible.

10. For information pertaining to the bid tabulation, decision to award and/or award on this procurement transaction, bidders may access public notification electronically at: www.chesterfield.gov/procurement.

Amendments or Requests to Withdraw Bids by a Bidder Prior to Bid Opening: A bidder may amend and/or withdraw their bid before the due date and time designated for receipt of bids. All requests from a bidder to return their bid shall be in writing, addressed to the Procurement Department, and signed by a person authorized to represent the person or firm that submitted the bid. The bidder may be contacted by telephone to verify the authorization of the return request and the signature involved if there is doubt as to the document’s authenticity. All amendments to the bid are to be initialed by an individual authorized to represent the bidder.

Opening of Bids: At the date and time specified on the cover page of this Invitation for

Bids, the bids that were timely received by the County will be publicly opened and read aloud by the County via the Microsoft Teams link found on the IFB cover page.

Bids that are submitted in hard copy will be digitized by the County, and the County’s digital file will become the permanent record of the bid.

IV. TERMS AND CONDITIONS

The following terms and conditions are applicable to, and incorporated by reference in, any governmental procurement from a nongovernmental source conducted by the Chesterfield County Procurement Department (or pursuant to delegated purchasing authority) on behalf of all Chesterfield County public bodies, as public bodies are defined in Code of Virginia Section 2.2-4301, as amended, including any agencies, boards, authorities, or other entities for which the Chesterfield County Procurement Department acts as purchasing agent. The term “County” as used herein, or in any general or special terms and conditions means the applicable entity or entities listed above that is/are procuring goods and/or services from a nongovernmental source.

“Contractor” means the nongovernmental entity entering into an agreement with the County to provide goods and/or services to the County. “Contract” means the agreement between the County and the Contractor for the provision of goods and/or services to the County.

NOTE: Certain terms and conditions may not be applicable based on the method of procurement and the good/service being procured.

GENERAL TERMS AND CONDITIONS: SOLICITATION PROCESS

1. Addenda: No changes or supplemental instructions to a solicitation shall be applicable unless in the form of written addenda. Most addenda are downloadable from the Procurement Department web site at: www.chesterfield.gov/ping. Each bidder/offeror is responsible for obtaining all addenda posted at the Procurement Department website or by calling (804) 748-1617. Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each signed addendum. Failure to do so may result in rejection of the bid/proposal. All addenda issued shall become part of the solicitation and all resulting contract documents.

2. Mistakes in Bids:

a. Mistakes discovered following bid opening but prior to award:

i. If there is a significant and obvious disparity between the prices of the lowest apparent responsive bidder and other bidders, the County procurement department’s representative may contact the low bidder to confirm whether the bid price is accurate. Such contact does not relieve a bidder from the responsibility to submit a correct bid. If the bidder then alleges a mistake in the bid and can provide clear and convincing evidence that supports the existence of a clerical error to the satisfaction of the purchasing authority, the bid may be withdrawn in accordance with the withdrawal procedure provided herein.

ii. Prices shall be stated in units of quantity and/or work as specified in the Pricing Schedule. In the event of a discrepancy in calculating price extensions (an error in the multiplication of units of quantity and/or work and the unit price), the unit price shall govern and the discrepancy shall be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum of the column shall be resolved in favor of the correct sum total. The County reserves the right to audit price extensions and/or totals, and may use corrected price extensions and/or totals after such audit to determine the apparent low bidder. The County is not responsible for a bidder’s clerical or mathematical errors. The County further reserves the right to reject any bid in whole or in part, delete items before making an award, or waive any informality, in accordance with the Virginia Public Procurement Act.

b. Mistakes discovered after award: Bids containing mistakes by bidders shall not be withdrawn after award of a contract or issuance of a purchase order.

3. Negotiation: In accordance with § 2‐47 of the County Code, if the bid from the lowest responsible bidder exceeds available funds, the County may negotiate with the apparent low bidder to obtain a contract price within available funds. Such negotiation may include, but is not necessarily limited to, adjustment of the bid price and changes in the bid scope or requirements in order to bring the bid within the amount of available funds. Negotiation shall be conducted by the Procurement Director, or designee, with assistance from the user department or specific entity.

4. Preferences:

a. In accordance with Code of Virginia Section 2.2‐4324(B), as amended, whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price‐matching preference, a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Commonwealth’s Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, the County will rely upon the accuracy of the information posted on this website. In accordance with Code of Virginia Section 2.2‐ 4324(D), as amended, for the purposes of this section, a Virginia person, firm or corporation shall be deemed to be a resident of Virginia if such person, firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.

b. In accordance with Code of Virginia §2.2‐4328, as amended, and §2‐47 of the County Code, in the case of a tie bid, the County may give preference to goods, services, and construction produced in the County or provided by persons, firms or corporations having principal places of business in the County. If such choice is not available, preference shall then be given to goods and services produced in the Commonwealth of Virginia pursuant to Code of Virginia §2.2‐4324, as amended, or where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content. If no County or Commonwealth of Virginia preference is applicable, the tie shall be decided by lot.

5. Prior Defaulted Contracts: The County may, in its sole discretion, choose not to make an award to a bidder/offeror who has previously had a contract with the County terminated for the bidder’s/offeror’s default or has been debarred by another public entity. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder/offeror has had a contract with the County terminated for default.

6. Proprietary Information: Code of Virginia Section 2.2-4342(F), as amended, states: "Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of §2.2‐4317 shall not be subject to the Virginia Freedom of Information Act (2.2‐3700 et seq.); however, the bidder, offeror or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Code of Virginia Section 2.2‐4342(F), as amended, is not properly invoked then the bids/proposals will be subject to disclosure pursuant to applicable law.

7. References: If requested, the bidder/offeror shall provide references which document past work performance and experience in the type of work required for the Contract. The County may contact all references furnished by bidders/offerors.

The right is further reserved by the County to contact references other than, and/or in addition to, those furnished by the bidder/offeror.

8. Vendor Rewards/Gift Programs: It is the policy of the County not to participate in any rewards programs offered by vendors and not to accept any gifts or gift cards, or other rewards from vendors for purchases made by the County. Any bidder/offer who provides rewards programs, gifts or gift cards, or other rewards to its customers for purchases made by such customers, must identify this fact in its bid/proposal and demonstrate in the bid/proposal how it has applied the value of such rewards to a reduction in the price of the goods and/or services being offered to the County.

9. Withdrawal of Bids (not applicable to competitive negotiations):

a. Withdrawal: Construction (Code of Virginia Section 2.2-4330, as amended)

i. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw its 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 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 its 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.

ii. The bidder shall give notice in writing to the Procurement Director of its claim of right to withdraw its bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia § 2.2-4342(F), as amended.

iii. Within 5 business days, the County will notify the bidder in writing of its decision whether to permit bid withdrawal. If the County denies the withdrawal of a bid under the provisions of this section, or Code of Virginia § 2.2-4330, as amended, 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 County will also return all work papers and copies thereof to the bidder.

b. Withdrawal: Other than Construction

A bidder for a public contract other than a construction contract may request withdrawal of its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a . mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or unintentional omission of a quantity of work, labor, or material made directly in the compilation of the bid which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a bidder may request withdrawal of its 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 which shall be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. Such notice shall be sent to the Procurement Department prior to award. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia § 2.2-4342(F), as amended.

GENERAL TERMS AND CONDITIONS: CONTRACT TERMS

The terms and conditions in this Section B form part of the Contract.

1. Appropriation of Funds: The continuation of the terms, conditions, and provisions of the Contract beyond the end of the County’s fiscal year on June 30 of any year is subject to approval and ratification by the Chesterfield County Board of Supervisors, and the School Board of Chesterfield County, as applicable, and appropriation by them of the necessary money to fund the Contract for each succeeding year. In the event of non-appropriation of funds, the Contract shall be automatically terminated with no recourse for the Contractor.

2. Assignment of Contract: The County and Contractor bind themselves and any successors, and assigns to the Contract. The employees of the Contractor shall perform the work necessary to fulfill the Contract. The Contractor shall not assign or transfer any of its interest in the Contract without the prior written consent of the County. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and Contractor.

3. Audit of Vendor Records: Contractor shall maintain full and accurate records with respect to all matters covered under the Contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges related to the Contract and to verify Contractor’s compliance with the Contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the County and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to the Contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the Contract. The County shall have access to such records from the effective date of the Contract, for the duration of the Contract, and until three (3) years after the date of final payment by the County to the Contractor pursuant to the Contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

4. Change Orders: Change orders must be approved by the County prior to work being performed.

5. Click-Through and Shrinkwrap Terms and Conditions: No click‐through or shrinkwrap terms or conditions or any terms and conditions that are provided on Contractor’s website, attached to or embedded within Contractor’s goods or services, provided on any mobile application, or included on any quote or other document provided by Contractor will be binding on the County or its officers, officials, employees, or agents, and any such terms and conditions are null and void.

6. Commitment to Diversity and Chesterfield Businesses:

a. Chesterfield County is a growing progressive community consisting of an increasingly diverse population. This diversity provides for a dynamic and robust community that promotes growth. Chesterfield County believes that all of its citizens should benefit from this economic growth without regard to race, color, religion or economic status. The County is committed to increasing the opportunities for participation of minority‐owned businesses, service-disabled veteran‐owned businesses, small businesses, women‐owned businesses, military family-owned businesses, and businesses located in Chesterfield County to ensure diversity in its procurement and contract activities. Upon entry into the Contract and/or upon completion of work, the County may require the Contractor to furnish data regarding subcontractor/supplier activity with minority-owned businesses, service-disabled veteran-owned businesses, small businesses, women-owned businesses, military family-owned businesses, and businesses located in Chesterfield County on a Certification of Subcontractor/Supplier Activity form. The form will be provided to the Contractor by the County’s Procurement Department. This information will enable the County to document the dollar level of activity and measure the success of its efforts in this endeavor.

b. Definitions:

i. Chesterfield Business (CB) – any private business enterprise, located within the jurisdictional boundaries of Chesterfield County.

ii. Minority-Owned Business (MOB) – a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority. (Code of Virginia Section 2.2-4310, as amended)

iii. Service Disabled Veteran-Owned Business (SDVOB) – a business that is at least

51% owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans. (Code of Virginia Section 2.2-4310, as amended)

iv. Small Business (SB) – a business independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business. (Code of Virginia Section 2.2-4310, as amended)

v. Women-Owned Business (WOB) – a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are U.S.

citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. (Code of Virginia Section 2.2- 4310, as amended)

vi. Military Family-Owned Business – a business that is at least 51 percent owned by one or more person within the definition of “military family” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family.” (Code of Virginia Section 2.2-4310, as amended)

vii. Military Family – (i) a member of the uniformed forces, as defined in 10 U.S.C. §

101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. §10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50. (Code of Virginia Section 2.2- 4310, as amended)

c. This provision only applies to contracts valued in excess of $10,000. If the Contractor intends to subcontract work as part of its performance under the Contract, the Contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service-disabled veteran-owned businesses, and military family-owned businesses. (Code of Virginia Section 2.2-4310, as amended)

7. Confidentiality of County Data: Unless expressly authorized by the County, Contractor and its officers, employees, and agents shall use County data only for the purpose of fulfilling its duties under the Contract and shall not disclose (in any form, including written or verbal) any County data to anyone other than its employees and agents who need to access the County data to fulfill Contractor’s obligations under the Contract. Contractor must ensure that its employees and agents who perform work under the Contract are bound by the same confidentiality and nondisclosure provisions as contained in this section. Contractor agrees to assume all responsibility for ensuring the privacy, confidentiality, and security of County data released to Contractor under the Contract through the use of necessary and appropriate security and technical controls. The provisions of this paragraph shall not apply to any data that (i) was already known to Contractor prior to its disclosure to Contractor by the County, (ii) was or becomes generally known to the public (other than by act of Contractor), or (iii) is disclosed or made available in writing to Contractor by a third party who does not have an obligation of confidentiality to the County.

8. Contractor Background Checks: In order to preserve the integrity and security of

County government operations, the County will conduct criminal background checks for any contract workers who will have physical unsupervised access to County designated Security Sensitive areas. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the County may, in its sole discretion, disqualify a contract worker from providing work/services for the County.

9. Contractor’s Authorization to Transact Business: In accordance with Code of Virginia

Section 2.2-4311.2, as amended, all contractors organized as stock or nonstock corporations, limited liability companies, business trusts, or limited partnerships or registered as registered limited liability partnerships must be authorized to transact business in the Commonwealth as domestic or foreign business entities if so required by Title 13.1 or Title 50 or as otherwise required by law. If Contractor is organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, then Contractor shall provide to the County the identification number issued to it by the State Corporation Commission. If Contractor is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required law, then Contractor shall provide the County with a statement describing why the Contractor is not required to be so authorized. The Contractor shall not allow its corporate or partnership existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract.

The County may void the Contract if the Contractor fails to remain in compliance with the provisions of this section.

10. County Data: “County data” means all County information that is not intentionally made generally available by the County on public websites or publications, including but not limited to business, administrative, and financial data, intellectual property, patient, student, and personal data, and Personally Identifiable Information. “Personally Identifiable Information” includes but is not limited to: personal identifiers such as name, address, phone number, date of birth, Social Security number, driver’s license number, and student or personnel identification number; “personal information” as defined in Virginia Code Section 18.2-186.6 and/or any successor laws of the Commonwealth of Virginia; personally identifiable information contained in student “education records” as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; “medical information” as defined in Virginia Code Section 32.1-127.1:05; “protected health information” as defined in the Health Insurance Portability and Accountability Act, 45 C.F.R. Part 160.103; nonpublic personal information as that term is defined in the Gramm- Leach-Bliley Financial Modernization Act of 1999, 15 U.S.C. 6809; credit card and debit card numbers and/or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security Standards; other financial account numbers, access codes; and state- or federal-identification numbers such as passport, visa, or state identity card numbers.

County data may not be used in the training of any artificial intelligence, machine learning, or any other type of system, unless authorized by the County. Any content generated from County data that is created, altered, or assimilated by artificial intelligence will remain the property of the County.

11. Default: If the Contractor fails to deliver the goods or services in accordance with the

Contract terms and conditions, the County may, without prejudice to any other right or remedy, and after giving the Contractor seven (7) days’ notice, obtain the goods or services from other sources. In such event, the Contractor shall be liable to the County for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have, and the County may exercise this right either separately from or in addition to its right to terminate the Contract for cause as provided herein.

12. Drug Free Workplace: (Code of Virginia Section 2.2-4312, as amended) This provision only applies to contracts in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees to:

i. Provide a drug-free workplace for the Contractor’s 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 over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

b. 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.

13. Employment Discrimination: (Code of Virginia Section 2.2-4311, as amended) This provision only applies to contracts valued in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees as follows:

i. 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.

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

iii. If the contractor employs more than five employees, the contractor shall provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and post the contractor's sexual harassment policy in a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and the contractor's employee handbook.

iv. 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.

b. The Contractor must include the provisions of the foregoing paragraphs i, ii, and iii in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

14. ePayables: The County recognizes the importance of timely payments to our vendors.

Therefore, we offer our vendors the opportunity to enroll in our ePayables program. This program allows us to make card payments to our vendors and features an online portal to facilitate payments as well as reduce payment processing times. Our ePayables program is mutually beneficial and is our preferred method of payment. If you choose not to enroll in this program, payments will be made by check and mailed through the postal service which could impact how quickly you receive payments. No action is required for vendors already enrolled in the program. Please contact the Accounting Department at (804)748- 1673 with questions.

15. Faith-Based Organizations: (Code of Virginia Section 2.2-4343.1, as amended) The

County does not discriminate against faith-based organizations.

16. Federal Terms: For goods and/or services that are identified by the County as being federally funded, the Contractor is subject to, and must comply with, all federal requirements applicable to the federal funding, including the Federal Requirements appended hereto. Additionally, for such goods and/or services, if any provisions listed herein conflict with any federal procurement guidelines, the federal procurement guidelines shall prevail.

17. Finance/Interest Charges: The County shall not be obligated to pay any finance and/or interest charges, including any charges or penalties associated with late payment, nor shall the County be obligated to pay any costs of collection.

18. Force Majeure: Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any obligation under this Contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to, fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, epidemics, omissions or delays in acting by any governmental authority (a “Force Majeure Event”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. The party affected by the Force Majeure Event must provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of the Force Majeure Event, and the parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

19. Forced and Indentured Child Labor Prohibition: (Code of Virginia Section 2.2- 4311.2, as amended)

This provision only applies to contracts valued in excess of $10,000.

a. The use of forced or indentured child labor in the performance of the Contract is prohibited.

b. The Contractor must include the prohibition in subsection (a) in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

c. For purposes of this section, “forced or indentured child labor” means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

20. Governing Law: The Contract shall be governed by the laws of the Commonwealth of

Virginia, excepting its law governing the conflict of laws. Disputes arising out of or relating to the Contract shall be resolved in the Courts of the Commonwealth of Virginia, in and for Chesterfield County, to the exclusion of any otherwise permissible forum or venue, and Contractor irrevocably consents to jurisdiction in such court and waives any defense of lack of personal jurisdiction or inconvenient forum in such court.

21. Indemnification: The Contractor shall hold harmless and indemnify the County and its officers, officials, employees and agents against any and all injury, loss or damage arising out of the Contractor’s negligent or intentionally wrongful acts or omissions. As a matter of law, the County is prohibited from indemnifying the Contractor, subcontractors, any third party beneficiaries of the Contract, or any other person or entity.

22. Independent Contractor: Contractor’s relationship with the County shall at all times be that of an independent contractor. The method and manner in which Contractor’s services under the Contract shall be performed shall be determined by Contractor and the County will not exercise control over Contractor or its employees except insofar as may be reasonably necessary to ensure performance and compliance with the Contract.

Nothing in the Contract shall be construed to make Contractor or any of its employees the employees or agents of the County.

23. Information Technology Accessibility

A. Compliance Requirement. All information and communications technology (ICT) purchased or upgraded pursuant to this Contract for use by any covered entity of the Commonwealth shall comply with the Information Technology Access Act, §§ 2.2-3500 through § 2.2-3505 of the Code of Virginia.

B. Certification or Documentation. For ICT delivered under this Contract that will be used by a covered entity of the Commonwealth or made available to the public, Supplier must certify that the ICT conforms with “accessibility,” as that term is defined in Virginia Code § 2.2-3501.

If the supplier cannot certify full conformance of accessibility, the supplier must provide:

i. Supplier-paid and completed Accessibility Conformance Report (as that term is defined in Virginia Code § 2.2-3501) indicating the level of conformance with accessibility for the ICT being procured; and

ii. a Supplier-paid and completed Vendor Accessibility Roadmap (as that term is defined in Virginia Code § 2.2-3501) documenting any areas of nonconformance and including a timeline for each nonconforming area's completion.

C. No Waiver of Supplier Obligations. Consistent with 28 C.F.R. § 35.201 and 36

C.F.R. Part 1194, Appendix A, § E202, the covered entity of the Commonwealth may, in its sole discretion, procure non-accessible ICT, if such procurement does not result in individuals with disabilities being denied the benefit of any program, service, or activity. This discretion does not waive Supplier’s obligations to comply with accessibility requirements and provide required certifications or documentation.

24. Insurance: Contractor shall purchase and maintain in force, at its own expense, such insurance as will protect Contractor and the County from claims which may arise out of or result from the Contractor's execution of the work or performance of the services, whether such execution or performance be by Contractor, its employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverages shall be such as to fully protect the County and the general public from any and all claims for injury and damage resulting by any actions on the part of the Contractor or its forces as enumerated above.

The Contractor shall furnish insurance with coverage and limits and on forms and of companies that are acceptable to the County’s Attorney and/or Risk Management Director and shall provide a certificate of…