831877muralLcps.pdf

RFQ# Q27012 Design, Creation, and Placement of a Mural at Banneker ES

LOUDOUN COUNTY PUBLIC SCHOOLS

DEPARTMENT OF BUSINESS & FINANCIAL SERVICES

PROCUREMENT AND RISK MANAGEMENT SERVICES

21000 Education Court, Suite #316 Ashburn, VA 20148

Phone (571) 252-1270 Fax (571) 252-1432

REQUEST FOR QUOTES

CALL FOR ARTISTS

RFQ #:

Title:

Issue Date:

Q27012

Design, Creation, and Placement of a Mural at Banneker Elementary School

June 29, 2026

RFQ Contact: Melissa Tello, Email: BannekerRenovation@lcps.org Phone: 571-252-1385

Quotes and proposals shall be received by August 31, 2026, at 2:00 PM (Eastern Time) for furnishing the goods/services described herein. QUOTES AND PROPOSALS MUST BE SUBMITTED

THROUGH THE LCPS ELECTRONIC BIDING SYSTEM ON OR BEFORE THE DEADLINE

STATED.

In compliance with this Request for Quotes (“RFQ”) and all conditions imposed herein, by submitting a proposal in response to this RFQ, the undersigned hereby proposes and agrees to furnish all services, labor, and/or materials hereinafter specified.

Inquiries: All inquiries for information should be provided under the “Questions” tab in the LCPS Electronic Bidding System.

Except as provided in this RFQ, any communication with other LCPS staff concerning this RFQ is strictly prohibited and could serve as grounds for disqualification of the potential Offeror.

This public body does not discriminate against faith-based organizations in accordance with the Va. Code § 2.2-4343.1 or against an Offeror because of race, color, national or ethnic origin, religion, sex, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, marital status, disability, age, or genetic information or any other basis prohibited by state or federal law relating to discrimination in employment.

mailto:BannekerRenovation@lcps.org

Table of Contents

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK

IV. OFFEROR QUALIFICATIONS

V. SUBMISSION INFORMATION AND REQUIREMENTS

VI. EVALUATION PROCESS

VII. RFQ ATTACHMENTS

VIII. TERMS AND CONDITIONS

I. PURPOSE

Loudoun County School Board, operating Loudoun County Public Schools (“LCPS”) seeks submissions for the design, creation, and placement of a mural on the outside wall of the gym at Banneker Elementary School.

II. BACKGROUND

LCPS is the third largest school division in the Commonwealth of Virginia. Established in 1870, LCPS is located in the rapidly growing Washington metro-area. LCPS is organized to focus on empowering all 83,038 students to make meaningful contributions to the world, while managing one hundred (100) schools and nine (9) educational support buildings. It is a rapidly growing, dynamic, well-managed and efficient organization.

History of Banneker Elementary School

Banneker Elementary School was built during segregation in 1948, after several years of African American parents petitioning the School Board to relieve overcrowding in the segregated Middleburg and St. Louis schools. The school was named for Benjamin Banneker, an American naturalist, mathematician, astronomer, surveyor, farmer, and almanac author. Students went from one-room schoolhouses to a building consisting of six classrooms, a multi-purpose room, a clinic, and a kitchen.

Classrooms were furnished with used desks and tables. The community equipped the kitchen and multi-purpose room. As enrollment increased, and over the years, an additional seventh and eighth classroom were added.

The landmark U.S. Supreme Court decision, Brown v. Board of Education, was decided in 1954 and declared “that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal” and unconstitutional. Loudoun County did not fully integrate public schools until 1968, when a U.S. Federal Court ordered the County to establish geographic attendance zones regardless of race and fully integrate their schools by the 1968-1969 school year.

This elementary school is the only existing school building in Loudoun County originally built for African American students during segregation, that still functions as an elementary school today.

Information on the LCPS Banneker Elementary School renovation project is available at https://www.lcps.org/o/support/page/banneker-elementary-school-renovation-addition.

III. SCOPE OF WORK

The theme of the mural is “The Heart and Soul of St. Louis,” and the idea of “It Takes a Village,” and the mural should help the community remember and help educate visitors to the school. The mural is not about Benjamin Banneker but rather about the Village of St. Louis, Virginia, its history from the 1870s to 1948, and how Banneker Elementary School is part of that. St. Louis is one of the first African American townships in Loudoun County and was built on land purchased by freed slaves at the end of the Civil War. It is the bedroom community for Middleburg, Virginia, known for being the nation’s horse and hunt country, and for fox hunting. Residents of St. Louis provided key support for Middleburg with their extensive knowledge and expertise as gardeners, horsemen, stonemasons, and domestic servants. Key buildings in this area were the Old Hamlin School, Mt. Zion Baptist Church, and, most notably, Banneker Elementary School. Additional information regarding the history of the community can be found in Attachment 2 and the links provided.

Renovation of the school campus is ongoing, and the identified area for the mural will be in a highly visible location, adjacent to outdoor play areas, as well as a popular walking track that is used by all ages within the community. The work area for the mural is depicted on Exhibits 1–3 in Attachment 1 to this RFQ and will consist of a wall measuring 66’-0” long by 16’-0” high. The completed outdoor https://www.lcps.org/o/support/page/banneker-elementary-school-renovation-addition mural should have a protective coating against UV radiation, sun exposure, and graffiti. Permitting costs will be the responsibility of LCPS and the Loudoun County School Board.

Installation of the mural is planned for Spring 2027.

IV. OFFEROR QUALIFICATIONS

This RFQ is open to all artists. Emerging artists and artist teams are encouraged to submit a proposal.

V. SUBMISSION INFORMATION AND REQUIREMENTS

1. SUBMISSION INFORMATION

A. Each Offeror shall respond to this solicitation using the LCPS Electronic Bidding System by August 31, 2026, at 2:00 PM ET. Different forms of the proposal will NOT be accepted.

NO FAXED, MAILED, OR E-MAILED PROPOSALS WILL BE ACCEPTED.

B. A “How-To Guide” for step-by-step instructions on how to respond to this solicitation can be found on the login page of the LCPS Electronic Bidding System via the following link:

LCPS Electronic Bidding System.

C. After your successful submission, the system will display “Response Submitted” followed by the date and time stamp in the “Response Status” field. It is the sole responsibility of the Offeror to ensure that their offer is submitted by the designated date and time stated.

An incomplete submission will NOT be considered.

D. The digital signature must be signed by a person authorized to represent and bind the Offeror.

E. Requests for additional information or clarification of specifications must be sent via the LCPS Electronic Bidding System under the “Questions” tab. Requests for information must be received before the question cutoff date and time posted under the “Event Details” tab. Any material interpretation made to prospective Offerors will be expressed in the form of a written response or addendum to the solicitation, which shall be posted on the LCPS Electronic Bidding System. It shall be the Offeror’s responsibility to monitor the website for changes. The addenda will be posted no later than three (3) business days before the opening date. Oral answers shall not be authoritative or provide any basis for reliance by an Offeror. Offerors shall acknowledge receipt of any addenda with their proposal.

F. Offeror will receive a system-generated email notification if an addendum has been issued.

2. SUBMISSION REQUIREMENTS

Interested artists and artist teams shall submit a proposal in response to this RFQ that contains the following information:

A. Sketch of proposed artwork. Offerors may submit multiple images of their proposals if they wish, however, one (1) complete image is required.

B. Cover letter or written statement describing the proposed mural to provide an understanding of the submitted artwork.

C. Three (3) sample images of similar work from the artist’s portfolio. The purpose of these additional images is to further demonstrate the artist’s style and capabilities of large format mural artwork.

D. Dimensions and location on wall of proposed mural.

E. The artist’s resume including contact information, social media pages (e.g., website, Instagram, Facebook), previous related experience, and artwork portfolio.

https://lcpscm.ionwave.net/Login.aspx

F. Estimated time to begin and complete the job, including creation and installation.

G. Full budget, including but not limited to design, materials, creation, costs and installation assistance. Travel expenses (e.g., per diem, lodging, mileage) may be included in the artist's overall proposed project costs.

If selected, the artist will be required to obtain liability insurance in the amounts listed in this RFQ. Any subcontractors will also be required to obtain liability insurance. If selected, the artist must consent and convey all rights, title, and interest in the mural to the Loudoun County School Board.

VI. EVALUATION PROCESS

A. Submissions will be reviewed by the Banneker Advisory Group and LCPS Staff (Review Panel).

They will consider originality and creativity of the design and relevance to the theme. Selection shall be made to offerors deemed to be fully qualified and best suited among those submitting a proposal on the basis of the evaluation factors included in this RFQ, including price.

a. Should the Review Panel wish to Interview or seek clarifications from the offerors, a presentation may be conducted for the Short List of offerors.

b. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor.

c. Following evaluation and selection of a final offeror by the Review Panel, the finalist recommendation will be reviewed by the Loudoun County School Board. The final selection will be subject to funding and award by the Loudoun County School Board.

B. Submissions will be weighted, based on the following:

1. Originality/Creativity (30 points)

2. Appropriateness (25 points)

3. General Community Appeal (25 points)

4. Proposed project budget, including Design and Installation Assistance (20 points)

The Review Panel may consider other evaluation criteria not outlined in this RFQ.

C. LCPS may cancel this RFQ or reject quotes/proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (Va. Code § 2.2-4359). Should LCPS determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the offeror's proposal as negotiated. LCPS will award each project separately and reserves the right to award multiple projects to one vendor.

D. Upon full proposal review and pending project funding, the selected artist will be notified by U.S.

mail and email. All submitting artists not selected will be notified by U.S. Mail and/or email.

VII. RFQ ATTACHMENTS

Attachment 1 inclusive of Exhibits 1 – 4

Attachment 2 - History of St. Louis

VIII. TERMS AND CONDITIONS

1. Proposal Submission. By submitting a proposal, the awarded Offeror (the “Contractor”) agrees to be subject to the following terms and conditions. These terms and conditions supersede any terms and conditions offered by Contractor unless the parties agree otherwise in a separate written agreement executed by authorized representatives of both parties.

2. Compliance with Laws. This RFQ and any subsequent contract awarded thereto, is subject to the laws of the Commonwealth of Virginia and the procurement policies of Loudoun County School Board. LCPS Regulation 4340 shall be incorporated into this RFQ, as if stated in its entirety, and shall attach to and take precedence over any order or contract document provided by the Contractor. By accepting and performing this requested work, the Contractor further agrees to comply with all applicable local, state and federal laws and regulations.

3. Additional Agreements. Contractors shall not enter into terms of use agreements or other agreements or understandings, whether electronic, clickthrough, verbal or in writing, with LCPS employees or other LCPS end users; such agreements will be null and void, and without effect.

4. Goods or Services. All goods and services delivered pursuant to this RFQ must be strictly in accordance with the referenced quote, proposal, bid or contract and shall not deviate in any way from terms, conditions or specifications of the bid or proposal. All goods and services shall comply with commercially reasonable standards of quality if no specifications have been provided and they must comply with all federal, state, and local laws relative thereto. LCPS reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. If rejected, the same shall remain the property of the Contractor.

5. Delivery. The delivery or performance must be made by date specified by LCPS. If delivery cannot be made as specified, Contractor shall advise the designated LCPS contact on the contract or order.

6. Pricing. All goods or services provided under a purchase order and/or any contract shall be billed by the Contractor at the contract price, regardless of which LCPS school or administrative department has ordered the good or services. All prices, unless specified otherwise, are net F.O.B. Destination with transportation charges prepaid. If shipment is made by freight or express and charges added to invoice, the original bill of lading properly receipted shall accompany the invoice. All charges must be prepaid. LCPS will not pay transportation charges unless the Contractor received prior approval from the Purchasing Agent.

7. Invoices. The Contractor must indicate the applicable RFP, purchase order and or/ any contract number on al related invoices, delivery tickets, bills of lading, packages and/or correspondence. All invoices shall be in the same legal name of the Contractor as indicated on the W-9 Form submitted to LCPS. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order and/or any contract.

8. Taxes. Sales to LCPS are normally exempt from State taxes. Invoices resulting from this purchase will be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54- 6001796. State sales and use tax certificate of exemption form ST-12 may be specifically issued upon request by contacting the LCPS Procurement and Risk Management Services office.

9. Payment. All payment terms shall be due 30 days after receipt and approval of proper invoice, or materials/services, whichever is later. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after approved invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days. The Contractor is obligated to pay any subcontractor providing work on behalf of the Contractor pursuant to this RFQ as required by Va. Code § 2.2-4354, as amended, and said requirements are incorporated herein as if stated in their entirety.

10. Change Order. No substitution, change or deviation shall be made without an authorized change order or contract amendment issued by LCPS.

11. Termination. Contracts will remain in force for full periods specified and/or until all work or materials ordered have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless the contract has been terminated prior to the expiration date or satisfactory completion of the contract as provided herein. LCPS may terminate any contract at any time, for any reason or for no reason, upon 30 days’ advance written notice to the Contractor. In the event of such termination the Contractor shall be compensated for services and work performed prior to termination. In case of default by the Contractor, or the failure of the Contractor to deliver the supplies or services ordered by the time specified, LCPS after due written or oral notice, may procure such from other sources and hold the Contractor responsible for any excess cost occasioned thereby. In such an event, LCPS shall not be liable for any other costs, damages, or penalties resulting from such cancellation.

12. Ethics in Public Contracting. The Ethics in Public Contracting provisions of Va. Code §§ 2.2-4367 through 2.2-4377, as amended, are applicable to all contracts entered into by LCPS.

13. Contractual Disputes. Any dispute concerning a question of fact as a result of this contract which is not disposed of by agreement shall be decided in accordance with Va. Code § 2.2-4363(C).

14. Audit. LCPS or its agent has reasonable access to and the right to examine any records of the Contractor involving transactions related to the contract or compliance with any clauses thereunder, for a period of five (5) years after final payment. The contractor shall include these same provisions in all related subcontracts. For purposes of this clause, the term “records” includes documents, and papers regardless of whether they are in written form, electronic form, or any other form. The Purchasing Agent may accept modifications to this requirement, in their discretion.

15. Indemnification.

a. General Indemnification. Contractor must indemnify, keep and save harmless, and defend LCPS, its agents, officials, employees and volunteers against claims that may accrue or arise against LCPS as a result of the granting a contract, if the claim was caused by the negligence or error, or omission of the Contractor, its employees, its subcontractor, or its subcontractor’s employees. As used in this section, a claim includes: injuries, death, damage to property breach of data security, suits, liabilities, judgments, or costs and expenses. Upon request by LCPS, the Contractor must at its own expense: appear, defend, and pay all attorneys’ fees and all costs and other expenses related to the claim. If, related to a claim, any judgment is rendered against LCPS or a settlement reached that requires LCPS to pay money, the Contractor must at its own expense satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by the Contractor, does not limit the Contractor’s responsibility to indemnify, keep, and save harmless, and defend LCPS.

b. Intellectual Property Indemnification. In addition to the General Indemnification, Contractor will indemnify LCPS for, and defend LCPS against, third-party claims for infringement of any valid United States patent, trademark or copyright by the Contractor’s products, software, services, or deliverables. Contractor must indemnify LCPS for any loss, damage, expense or liability, including costs and reasonable attorneys’ fees that may result by reason of any such claim. In the event of a claim covered by this subparagraph, and in addition to all other obligations of Contractor in this section, Contractor must at its expense and within a reasonable time: (a) obtain a right for LCPS to continue to display Contractor’s art, craftsmanship, other work, or deliverable (the “Art”) , or (b) modify the Art , to make it non-infringing; or (c) replace the Art with a non-infringing equivalent. If, in the Contractor’s reasonable opinion, none of the foregoing options is feasible Contractor must immediately notify LCPS and accept the return of the Art refund to LCPS the price paid to Contractor. Nothing in this section, however, relieves the Contractor of liability to LCPS for damages sustained by LCPS by virtue of any breach of contract related to a third-party infringement claim.Nothing in this section, however, relieves the Contractor of liability to LCPS for damages sustained by LCPS by virtue of any breach of contract related to a third-party infringement claim.

c. Right to Participate in Defense. LCPS may, at its sole expense, participate in the defense or resolution of a claim. Contractor will have primary control of the defense and resolution of the claim, except when such defense or resolution requires LCPS to (i) admit liability or wrongdoing; or (ii) to pay money. In either of these cases Contractor must obtain LCPS’s prior written consent before raising such defense or entering into such resolution.

d. No Indemnification by LCPS. The parties agree that under applicable law LCPS cannot indemnify or defend the Contractor. To the extent any promise or term contained in Contractor’s invoice or quote, including any exhibits, attachments, or other documents incorporated by reference therein, includes an indemnification or obligation to defend by LCPOS, that promise or term is stricken and of no effect.

16. Insurance. In the absence of other contractual terms, for work performed on LCPS-owned or leased facilities or property, the Contractor shall maintain at a minimum, the following insurance coverages: Workers' Compensation

– statutory requirements and benefits; Employer's Liability - $1,000,000; Commercial General Liability - $2,000,000 per occurrence/$2,000,000 aggregate; Automobile Liability - $2,000,000 per occurrence/ aggregate. Inland Marine $500,000, whichever is greater, per occurrence. Builders Risk -full cost of improvement by endorsement. In no event should the Contractor construe these or any minimum required limits to be its limit of liability to LCPS. The Contractor agrees to provide LCPS with a valid Certificate of Insurance upon LCPS’s request and agrees to obtain additional insurance (with proof to LCPS) if the Certificate of Insurance fails to demonstrate compliance with the Contractor’s insurance obligations to LCPS.

17. Warranty. Contractor shall:

a. Protect LCPS against latent defective materials or workmanship and repair or replace any damages or marring occasioned in transit or delivery.

b. Furnish adequate protection against damage to all work and to repair damage of any kind, to the building or equipment, to his/her own work or to the work of other Contractors, for which its workers or those providing work through the Contractor are responsible. Protect LCPS from loss or damage to LCPS-owned property while in the custody or control of the Contractor.

c. Furnish services described in the solicitation at the times and places and in the manner and subject to conditions therein set forth, provided, however, that LCPS may reduce the said service at any time.

d. To enter upon the performance of services with all due diligence and dispatch; assiduously press to its complete performance and exercise therein the highest degree of skill and competence.

e. All work performed and services rendered shall strictly conform to all laws, statutes, regulations, ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agencies.

18. Confidentiality.

a. Contractor shall maintain the confidentiality of documents designated as confidential by LCPS, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Contractor from establishing a claim or defense in an adjudicatory proceeding. The Contractor shall require of its subcontractors similar agreements to maintain the confidentiality of information specifically designated as confidential by LCPS.

b. As applicable, Contractor shall comply with all applicable student data privacy laws, including the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. §1232g) and Va. Code § 22.1-289.01. Contractor is deemed a school official and shall use education records solely for contract performance, maintain confidentiality, immediately report breaches or legal requests to LCPS, and return or destroy records as directed by LCPS.

19. Anti-Publicity/Marketing. Unless explicitly authorized in writing, each Party agrees it will not use the other Party’s name, or names, images, or likeness of LCPS students, employees, or programs in any advertising, promotional material, press release, publication, public announcement, or through other media, written or oral, without the prior written consent of the other Party, its employees, or in the case of students, their parents and/or legal guardians. Upon request, LCPS agrees to provide reasonable assistance to Contractor to obtain the necessary consents.

20. Contractor Certification. As a condition of awarding a contract for the provision of services that require the Contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the school board will require the Contractor to provide certification that all persons who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. This requirement does not apply to a Contractor or its employees providing services to a school division in an emergency or exceptional situation, such as when student health or safety is endangered or when repairs are needed on an urgent basis to ensure that school facilities are safe and habitable when it is reasonably anticipated that the Contractor or his employees will have no direct contact with students.

21. Access To School Premises.

a. No Contractor, its employees, agents, representatives, or subcontractors, may enter schools to advertise or sell goods or services to employees or students except as provided herein. Anyone found soliciting goods or services to students or employees in the schools or on school property during school hours without authorization shall be subject to legal action.

b. Vendors are not permitted to make appointments with individual LCPS employees without the permission of the school principal or the Superintendent, or their designee. No vendor is permitted to sell, arrange demonstrations of products or services, or take orders for goods or services without prior authorization from the school principal or the Superintendent, or their designee.

c. This clause does not prevent authorized representatives of Contractors regularly supplying goods and services to LCPS under awarded contracts from having access to the schools in the course of their routine business duties.

22. Safety

a. All Contractors and subcontractors performing services for the are required and shall comply with all

Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

b. Responsibilities - The Contractor shall be responsible for all damages to persons or property that occurs as a result of his fault or negligence. Contractor shall take proper safety and health precautions to protect the goods, services or, Art, the workers, the public and the property of others. Contractor shall also be responsible for all materials delivered or used until completion and acceptance of the goods, services, or Art, except for any completed unit of construction thereof which theretofore may have been accepted.

c. RFQ Standards - The Contractor shall meet the standards set forth in this RFQ, and all other applicable regulations, codes (federal, state, and local), directives, equipment specifications and manufacturer’s instructions and recommendations inclusive of equipment or vehicles, supplies, parts, or materials utilized.

d. Guarantee -The Contractor shall be required, at its expense, to correct any Art that is found not to be in conformance or due to faulty materials or installation which may occur for a period of one (1) year from the date of completed construction. The Contractor shall, at no expense to LCPS, replace any defective materials during the period of guarantee.

e. Warranty -Contractor warrants to LCPS that the construction, including all materials and equipment furnished as part of this project, shall be new unless otherwise specified in this RFQ, of good quality, in conformance with the RFQ, and free of defects in materials and workmanship.

f. Cleaning Up - The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by its employees or agents. Contractor shall be responsible for the removal of all trash at the end of each day, or more frequently as may be required by LCPS. At the completion of the project, the Contractor shall remove all rubbish from and about the building and all tools, scaffolding and surplus materials and shall leave LCPS property “broom-clean” or its equivalent. At no time shall the Contractor utilize LCPS dumpsters for debris disposal without prior LCPS approval. The specific Site location for any dumpster also requires approval by the LCPS prior to placement.

g. Use of the Premises - The Contractor shall not load or permit any part of the Art to be loaded with weight that will endanger its safety, or that of the Contractor, its employees, or agents. The Contractor shall adhere to LCPS instructions regarding signs, fires, and smoking.

23. Background Checks.

a. Background checks of Contractor employees and/or subcontractors may be conducted at the discretion of LCPS after the Contractor identifies those persons who will be working under the Contract. When this occurs, the Contractor shall not send any workers to the job or school site whose information has not been provided for LCPS’ background check. The background checks will be paid for by LCPS. If it is determined, in LCPS’s sole judgment, that an individual is not suitable due to the results of a background check, LCPS has right of refusal for that individual. If the Contractor needs to have materials delivered to the job or school site, deliveries from outside vendors must be approved in advance by LCPS.

b. Due to the secure nature of certain LCPS buildings and schools, Contractor and its employees, subcontractors, or representatives shall have photo identification (ID) and be able to present same upon request. All Contractor employees shall wear a company picture ID badge, or temporary name tag, issued by LCPS, clearly visible above the waist. Contractor’s employees, subcontractors, or representatives who arrive at the specified LCPS building or school without appropriate identification badges may be dismissed from the job or school site.

24. E-Verify. Pursuant to Va. Code § 2.2-4308.2, any Contractor that employes more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with LCPS to perform work or provide services pursuant to such contract shall register and participate in the federal E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract.

25. Authorization to Transact Business in the Commonwealth. A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

26. Non-Discrimination by LCPS. LCPS does not discriminate against faith-based organizations, in accordance with the Va. Code § 2.2-4343.1, or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

27. Non-Discrimination by Contractor. During the performance of this contract, the Contractor agrees that 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. 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. 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 provision. The Contractor will include the provisions of this section in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

28. Drug-Free Workplace. During the performance of the contract, Contractor agrees to provide a drug-free workplace for the Contractor's employees; 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; 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 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 the Contractor, 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.

29. Notice of Disability Legislation Compliance. LCPS is required to comply with the following state and federal disability legislation: the Rehabilitation Act of 1973 Section 504, the Americans with Disabilities Act (ADA) for 1990 Title II, and the Virginians with Disabilities Act of 1990. Specifically, LCPS, may not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II of the Americans with Disabilities Act, Public Law 101-336,which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all state and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of state and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the Americans with Disabilities Act. The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section 504.

30. Immigration Reform And Control Act. Contractor certifies that it does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

31. Forced and Indentured Child Labor Prohibition. Contractors are prohibited from the use of “forced or indentured child labor” in the performance of the contract. 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.

32. Nonvisual Access. All information technology, which is purchased or upgraded by LCPS, must comply with the following access standards from the date of purchase or upgrade until the expiration of the contract: (1) Effective, interactive control and use of the technology (including the operating system), applications programs, and format of the data presented, shall be readily achievable by nonvisual means; (2) The technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts; (3) visual access technology shall be integrated into networks used to share communications among employees, program participants, and the public; and (4) the technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. A covered entity may stipulate additional specifications in any procurement. Compliance with the nonvisual access standards set out in this Section is not required if the Purchasing Agent determines that an exception as set out in Va. Code § 2.2-3503 applies.

33. Prohibition on the Use of Certain Products, Services, Applications, and Websites. LCPS may not use, whether directly or through work with or on behalf of another public body, any hardware, software, or services that have been prohibited by the Commonwealth of Virginia and/or the U.S. Federal Government, including the Department of Homeland Security for use on federal systems.

34. Venue. Venue for any claim under a contract or arising out of an order is exclusively in the state courts of Loudoun County, Virginia or the United States District Court for the Eastern District of Virginia-Alexandria Division.

35. Choice of Law. Any contract or ordering document will be governed for all purposes by and construed in accordance with the laws of the Commonwealth of Virginia.

36. Sovereign Immunity. LCPS does not waive its sovereign immunity or any other applicable requirement under Virginia law for bringing claims against LCPS.

37. Electronic Signatures. Contractors agree that contracts and other associated documents may be executed using electronic signatures and delivered by electronic means. When electronic signatures are used, Contractor agrees that the signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

38. Federally Funded Purchases. The standards set forth in the Code of Federal Regulations, 2 CFR §§ 200.318 - 326, including Appendix II to Part 200 (Contract Provisions for Non-Federal Entity Contracts Under Federal Awards), as amended, will apply to purchases made using federal funds. Said standards are incorporated herein as if stated in their entirety.