Invitation for Bid 700594-26

7/15/26 1:49 PM

INVITATION FOR BID

PSTC Shooting Range

Berm Maintenance

PUBLISHED DATE:7/15/26 1:48 PM

DUE DATE:8/21/26 3:00 PM

TIME ZONE: EASTERN TIME

Please note that Prince William County implemented Multi-Factor Authentication for vendor accounts on July 8, 2024. In order to submit a bid, Multi-Factor Authentication will need to be enabled. If you have not already set up Multi-Factor Authentication for your account start that process ASAP so as to not affect your ability to respond to this solicitation. Visit the Multi-Factor Authentication page for more information.

https://www.pwcva.gov/department/finance/isupplier-MFA

Invitation for Bid 700594-26

7/15/26 1:49 PM

Please submit your response to:

Company Prince William County

Buyer Jennifer Tate Phone E-mail jtate@pwcgov.org

Question and Answers:

Submit Questions to Jennifer Tate

E-mail jtate@pwcgov.org

Contract Terms and Conditions Table of Contents

I. SPECIAL PROVISIONS

I.1 PWC ELECTRONIC BID/PROPOSAL SUBMISSION

I.2 SCOPE OF WORK

I.3 OPTIONAL PRE-BID CONFERENCE

I.4 CONTRACT PERIOD

I.5 RENEWAL OF CONTRACTS

I.6 VIRTUAL BID OPENING

I.7 CONTRACT AMOUNT

I.8 CANCELLATION OF CONTRACT

I.9 INSPECTION AND ACCEPTANCE

I.10 PROVISION OF SERVICES

I.11 TASK ORDER PROCEDURE

I.12 INSPECTION OF JOB SITE

I.13 WORK SITE DAMAGES

I.14 E-VERIFY PROGRAM

I.15 FINAL INSPECTION

I.16 HAZARDOUS MATERIALS DISCOVERY

I.17 CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION

I.18 CONTINUITY OF SERVICES

I.19 PERSONNEL REQUIREMENTS

I.20 CONTRACTOR'S TITLE TO MATERIALS

I.21 OWNERSHIP OF PRODUCTS OF SERVICE

I.22 INVOICING

I.23 QUANTITIES

I.24 TIME OF THE ESSENCE AND COMPLETION

I.25 WARRANTY

I.26 PREVENTIVE MAINTENANCE

I.27 RIDER CLAUSE

I.28 EMPLOYMENT SERVICES ORGANIZATIONS

I.29 SAFETY DATA SHEETS

II. GENERAL PROVISIONS

II.1 ACCEPTANCE AGREEMENT

II.2 AMENDMENT TO THE SOLICITATION

II.3 ANNOUNCEMENT OF AWARD

II.4 ANTITRUST

II.5 GOVERNING LAW, COURTS, AND LEGAL COMPLIANCE

II.6 APPROVING AUTHORITY

II.7 ASSIGNMENT OF CONTRACT

II.8 AUTHORIZED TO CONDUCT BUSINESS IN THE COMMONWEALTH OF VIRGINIA...14

II.9 BID EVALUATION

II.10 BID PRICES AND ACCEPTANCE

II.11 BID SUBMISSION

II.12 BIDS EXCEEDING AVAILABLE FUNDS

II.13 CHANGES TO THE CONTRACT

II.14 CLAIMS/DISPUTES

II.15 CLARIFICATION OF TERMS

II.16 CLOSURE OF COUNTY GOVERNMENT

II.17 CONTINGENCY OF THE CONTRACT AWARD

II.18 CONTRACT TYPE AND AWARD

II.19 CURRENCY

II.20 DEBARMENT STATUS

II.21 DECISION NOT TO RESPOND

II.22 EMERGENCY PROCUREMENTS

II.23 ETHICS

II.24 EXAMINATION OF RECORDS

II.25 DRUG-FREE WORKPLACE

II.26 EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

II.27 HOLD HARMLESS, DEFEND, AND INDEMNIFY THE COUNTY

II.28 IMMIGRATION REFORM AND CONTROL ACT OF 1986

II.29 INSURANCE REQUIREMENTS

II.30 INTEGRATION

II.31 LABELING OF HAZARDOUS SUBSTANCES

II.32 LICENSE, SERVICE, AND MAINTENANCE AGREEMENTS

II.33 DISCRIMINATION AGAINST PROSPECTIVE CONTRACTORS PROHIBITED

II.34 ORDER OF PRECEDENCE

II.35 PAYMENT PROVISIONS

II.36 ePAYABLES VIRTUAL CARD/SINGLE USE ACCOUNT (SUA)

II.37 PRIME CONTRACTOR

II.38 PUBLIC ACCESS TO PROCUREMENT INFORMATION

II.39 PURCHASE ORDER

II.40 QUALIFICATIONS AND COMPETENCY OF PROSPECTIVE CONTRACTOR

II.41 SUBCONTRACTORS

II.42 TAXES

II.43 TERMINATION FOR CONVENIENCE OF THE COUNTY

II.44 TERMINATION FOR DEFAULT

II.45 TERMINATION FOR NON-APPROPRIATION OF FUNDS

II.46 TESTING AND INSPECTION

II.47 VENDOR REGISTRATION

III. ATTACHMENTS

III.1 SCOPE OF WORK

III.2 IFB SUBMISSION FORM

III.3 PRICING SCHEDULE

III.4 RANGE PHOTOS

III.5 HAZARDOUS WASTE MANAGEMENT AND SAFETY PLAN

SPECIAL PROVISIONS

I. SPECIAL PROVISIONS

I.1 PWC ELECTRONIC BID/PROPOSAL SUBMISSION

Bidders/Offerors must submit a solicitation response through the Solicitations portal at https://eservice2.

pwcgov.org/eservices/procurement/VendorLoginReg. Email and hard copy responses are not accepted.

Prospective Contractors should confirm their ability to access the portal in advance of the solicitation due date to allow sufficient time to request technical support, if needed.

If a Bidder/Offeror is not registered in the portal, they must register before they can submit a response.

Approval of a new Supplier registration may take up to 48 hours. Questions regarding Supplier registration can be directed to 703-792-8060 or financevendorrequests@pwcgov.org.

Instructions for submitting bids and proposals using the Solicitations portal are available on the PWC Procurement website at https://eservice2.pwcgov.org/eservices/procurement/BiddingGuide. These Guides provide detailed instructions for online quote, bid, and proposal submission.

Responses in "draft" status will not be accepted. Bids and proposals must be submitted prior to the due date and time listed in the solicitation.

I.2 SCOPE OF WORK

See Attachment III.1 Scope of Work

I.3 OPTIONAL PRE-BID CONFERENCE

An optional pre-bid conference will be held on August 5, 2026 at 11:00 A.M. The purpose of this conference is to allow potential Bidders an opportunity to present questions and obtain clarification relative to any facet of this Solicitation.

Bidders who intend to submit a bid/proposal are strongly encouraged to attend. Any changes resulting from this conference will be issued in a written amendment to the Solicitation.

I.4 CONTRACT PERIOD

The base contract period shall be for one (1) year from date of award.

I.5 RENEWAL OF CONTRACTS

The County may renew this Contract for four (4) successive one year periods under the terms and conditions of the original Contract except as stated below. Price increases shall be negotiated only at the time of renewal. Upon receipt of the Contractor's request, the County shall decide to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor.

The Contractor will receive written notice of the County's intent to renew the contract approximately 60 calendar days prior to the expiration date of each Contract period. If the County elects to exercise the option to renew the Contract for an additional one-year period, the Contract price(s) for the subsequent renewal period shall not exceed the Contract price(s) of the previous renewal period increased/decreased by no more than the percentage increase/decrease of the applicable category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest 12 months for which statistics are available. The request for a change in pricing shall include, at a minimum, (1) the cause for the adjustment; (2) the previous line item price and the new requested price; and, (3) documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index), change in manufacturer's price documented on manufacturer letterhead, etc.

I.6 VIRTUAL BID OPENING

Bids are due at the date and time listed on the front page of the Solicitation. The public bid opening will be held virtually via WebEx on June 30, 2026 at 3:15 P.M. at the following link:

Meeting link:

https://pwc-doit.webex.com/meet/jtate

Meeting number:

2316 151 8015

Join by Video system

Dial jtate@pwc-doit.webex.com.

You can also dial 173.243.2.68 and enter your meeting number.

Join by phone

+1-415-655-0001 US Toll

When joining the WebEx meeting, attendees shall type in their name and the name of their firm in the chat box.

The use of streaming video for bid openings is provided as a convenience for bidders. Should the streaming link access be unavailable or fail during a bid opening, it does not nullify the validity of the process or results. The County shall post the recorded bids on the County's website for the bidders to view.

I.7 CONTRACT AMOUNT

In return for the services identified in this Contract, and subject to the "Termination for Non- Appropriation of Funds" clause, the County certifies that sufficient funds are budgeted and appropriated and shall compensate the Contractor in accordance with the Pricing Schedule.

I.8 CANCELLATION OF CONTRACT

In the event the initial Contract period is for more than 12 months, either party, without penalty, may terminate the Contract after the initial 12 months of the Contract period upon 60 calendar days written notice to the other party. Any Contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

I.9 INSPECTION AND ACCEPTANCE

All services performed under this Contract shall be subject to inspection by the County at any time during performance and upon completion.

The County shall determine whether the services performed meet the requirements of the Contract. If the County determines that the services are not in compliance, the Contractor shall, at no additional cost to the County, promptly correct all deficiencies to the satisfaction of the County.

If the Contractor fails to correct such deficiencies within a reasonable time, the County may:

1. Perform or have the corrective work performed by others and charge the cost to the Contractor; or

2. Terminate the Contract for default in accordance with the Contract terms.

Final acceptance of the work shall be made by the County's Contract Administrator or designee upon satisfactory completion of all required services.

All services shall be performed in accordance with generally accepted industry standards and the requirements of this Contract.

I.10 PROVISION OF SERVICES

The Contractor shall provide the services to the County as described in this Contract. Tasks and all reports shall be conducted and completed in accordance with recognized and customarily accepted industry best practices and shall be considered complete when the Contract Administrator approves the services as acceptable.

I.11 TASK ORDER PROCEDURE

As County projects become known, the County shall provide a project task request to the Contractor. The Contractor shall submit a task proposal to the County for each project based on the Contractor's Schedule of Rates no later than three business days from the County's task request, unless the County agrees to an alternate schedule. The County may request a meeting with the Contractor to discuss the proposed scope of work.

The Contractor's task proposal should include, but not be limited to, the following:

1. The detailed scope of work, terms and conditions, other related special conditions.

2. The estimated staffing by position title, estimated number of hours for each, and total estimated cost based on the Schedule of Rates (unit price and extended price).

3. Identify subcontractors required for the task. Provide detailed information as required in item 2.

4. Reimbursable costs required for the task. Reimbursable costs shall consist of non-employee costs such as rented or leased equipment.

5. A list of any materials or information required from the County to complete the task order scope of services. The Contractor shall be responsible for obtaining information from the County at its own cost and expense for those items that are generally available to the public and are essential for completion of the task. Those items shall be furnished when available and in the form available.

6. Proposed dates of work commencement (generally five calendar days from receipt of order) and completion (as coordinated with the County).

7. The County contract number.

8. Contractor shall sign and date task proposal.

When County work permits are necessary, the County shall reimburse the Contractor for the permit charge at cost. The Contractor must include the permit charge as a separate line on the invoice.

The County may request that the Contractor make an oral presentation. Such a presentation may include, but is not limited to, explanations of the proposed approach, workplan, and cost estimate.

The Contractor shall not receive compensation for the preparation and delivery of task proposals. The County reserves the right to request from the Contractor additional information as determined necessary prior to commencing with negotiations.

Within three business days from final negotiations, the Contractor shall prepare and deliver the best and final task proposal to the Contract Administrator. The Contractor's final proposal shall be attached and incorporated in the final executed task order and made a part thereof. No work shall begin until the Contractor receives a fully executed Purchase Order. Invoice amounts for services shall not exceed the amounts listed on the Purchase Order. Changes to the Purchase Order shall be made via Change Order.

If the County and the Contractor cannot come to an agreement on the task request, the County may obtain services from other sources.

Hidden conditions and additional services required outside the original task order shall be addressed and a cost agreed upon between the County and the Contractor. A Change Order to the Task Order and Purchase Order shall be issued before these services are performed.

I.12 INSPECTION OF JOB SITE

The Contractor shall inspect the job site and be aware of and familiar with the work conditions. The County shall not consider claims as a result of failure to inspect the job site.

I.13 WORK SITE DAMAGES

The Contractor shall repair, at its sole expense, any damage to existing utilities, equipment, or finished surfaces resulting from the performance of this Contract to the County's satisfaction.

I.14 E-VERIFY PROGRAM

Pursuant to Virginia Code § 2.2-4308.2, any employer with more than an average of 50 employees for the previous twelve (12) months entering into a contract in excess of $50,000 with any agency of the County to perform work or provide services pursuant to such contract shall register and participate in the E- Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the County for a period up to one year. Such debarment shall cease upon the employer's registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove their E-Verify enrollment.

I.15 FINAL INSPECTION

At the conclusion of the work, the Contractor shall demonstrate to the County that the work is fully operational and in full compliance with the Contract. The Contractor shall promptly and permanently correct any deficiencies at the Contractor's sole expense prior to final acceptance of the work.

I.16 HAZARDOUS MATERIALS DISCOVERY

If the Contractor encounters or suspects the presence of asbestos or any other hazardous material not identified in this Contract, the Contractor shall immediately stop work in the affected area, secure the area, and notify the County's Contract Administrator. The Contractor shall not disturb the material and shall take appropriate measures to prevent the spread of contamination. Work in the affected area shall not resume until the County provides direction. Any resulting delay shall be addressed through an appropriate adjustment to the schedule, but shall not entitle the Contractor to additional compensation unless otherwise authorized by the County.

I.17 CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION

All personal facts and circumstances related to patients or clients shall be collected and held confidential, during and following the term of the contract, and unless disclosure is required pursuant to a court order, subpoena, or other legal or regulatory authority, shall not be divulged without the individual's and the County's written consent and only in accordance with all federal and Virginia laws, codes, ordinances, requirements, policies, and regulations. Any Contractor who utilizes, accesses, or stores personally identifiable information pursuant to a contract with the County shall safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. All Contractors shall allow the County to both participate in the investigation of any security incident related to any information acquired pursuant to a County contract and exercise control over decisions regarding external reporting. Contractors and all of their employees and agents working on this project may be required to sign a confidentiality statement.

I.18 CONTINUITY OF SERVICES

1. The services under this Contract are vital to the County and shall continue without interruption. Upon contract expiration, a successor, either the County or another Contractor, may continue these services.

a. The Contractor shall exercise its best efforts and cooperation to affect an orderly and efficient transition to the successor.

b. The Contractor shall make all County-owned facilities, equipment, and data available to the successor at an appropriate time prior to the expiration of the Contract to ensure an orderly and prompt transition to the successor.

c. The Contract Administrator shall have final authority to resolve disputes related to the transition of the Contract from the Contractor to the successor.

2. Upon receiving written notice from the Contract Administrator, the Contractor shall furnish phase-in/phase-out services for up to 90 calendar days after this Contract expires and in good faith shall negotiate a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Administrator's approval.

3. The County shall reimburse the Contractor for all reasonable, pre-approved phase-in/phase-out costs (e.

g., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee not to exceed a pro rata portion of the compensation fee under this Contract. The Contract Administrator shall approve all phase-in/phase-out work fees in writing prior to commencement of the work.

I.19 PERSONNEL REQUIREMENTS

The Contractor or Contractor's employees who will directly provide client services must possess a valid Virginia driver's license and must submit to a DMV record check, TB test, and criminal history record check that Prince William County Community Services will conduct. Information discovered through these checks may disqualify the Contractor's employee from providing services under this Contract.

I.20 CONTRACTOR'S TITLE TO MATERIALS

The Contractor and/or Subcontractor shall purchase no materials or supplies for the work subject to any chattel mortgage, or under a conditional sales or other agreement by which the seller retains an interest.

The Contractor warrants that they have clear title to all materials and supplies for which they invoice for payment.

I.21 OWNERSHIP OF PRODUCTS OF SERVICE

All data, documents, records, and other information, whether in electronic or tangible format, including, but not limited to, renderings, drawings, plans, reports, and specifications, which are prepared, developed, and/or created by the Contractor or its subcontractor(s) in the performance of this Contract are instruments of service and upon completion of the Contract, they and any copyright(s), patent right(s), and any other intellectual property right(s) shall become the sole property of the County. Upon request by the County, the Contractor shall promptly provide the County with a written acknowledgment and assignment in a form prescribed by and satisfactory to the County which shall evidence the County's sole ownership of specifically identified intellectual property prepared, developed, and/or created in the performance of this Contract. The Contractor shall not copyright, patent, register, or file for any other intellectual property protection for any work prepared, developed, and/or created by the Contractor in the performance of this Contract without the prior written consent of the County's head of Procurement Services. With the County's prior written consent, the Contractor may retain for Contractor's use copies of data, documents, records, and other information, including, but not limited to, drawings and specifications, prepared, developed, and/or created by the Contractor in the performance of this Contract.

The Contractor shall not disclose or release, without the County's prior written consent, any data, documents, records, and other information, whether in electronic or tangible format, related to this Contract to anyone who is not a party to this Contract except (i) to a County-approved subcontractor on this Contract; (ii) to a federal or state government department or agency, when required under federal or state law or regulation; or (iii) when expressly required by a court or administrative order. If the Contractor discloses or releases any data, documents, records, and other information, whether in electronic or tangible format, related to this Contract to a federal or state government department or agency, or as required by a court or administrative order, it shall promptly notify the County prior to doing so in order to provide the County with an opportunity, but not the obligation, to object or intervene in the matter.

I.22 INVOICING

Contractor shall submit invoices to the "Bill To" on the Purchase Order within thirty calendar days after providing goods and/or services. As a minimum, invoices shall reflect the following:

• Contractor's name and address;

• Contract number and purchase order number;

• Task, work, or job order (if issued);

• Detailed listing of goods and/or services provided;

• Items and quantities ordered, shipped, and backordered, if applicable;

• Destination and delivery date of goods and/or services, if applicable; and

• Receipts and delivery tickets, if applicable.

I.23 QUANTITIES

Quantities set forth in this Solicitation are estimates only. The Contractor shall supply actual order quantities, at bid prices, regardless of whether such total quantities are more or less than those shown.

I.24 TIME OF THE ESSENCE AND COMPLETION

Time shall be of the essence to this Contract, except where it is specifically provided to the contrary, provided that schedules are mutually agreed to and the Contractor shall not be responsible for delays and related damages due to circumstances or events beyond its direct control.

I.25 WARRANTY

The Contractor warrants that all services performed under this Contract shall be completed in a professional and workmanlike manner, in accordance with industry standards and the requirements of this Contract. The Contractor shall guarantee all work for a period of one (1) year from the date of final acceptance. During the warranty period, the Contractor shall, at no additional cost to the County, correct any deficiencies or non-conforming work identified by the County. Failure of the Contractor to correct such deficiencies within a reasonable time may result in the County performing the corrective work and recovering all associated costs from the Contractor.

I.26 PREVENTIVE MAINTENANCE

The Contractor shall provide all necessary preventive maintenance, required testing and inspection, calibration, and/or other work necessary to maintain the equipment in complete operational condition during the warranty period.

I.27 RIDER CLAUSE

The Contractor may authorize the extension of this Contract to other public bodies, 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. The Contractor shall deal directly with public bodies utilizing the Contract concerning issuance of purchase orders, contractual disputes, invoicing and payment. Prince William County Government acts only as the "Contracting Agent" for these public bodies.

It is the Contractor's responsibility to notify other public bodies of the availability of the Contract. Other public bodies desiring to use the Contract shall make their own legal determination as to whether the use of the Contract is consistent with their laws, regulations, ordinances, and policies. If mutually agreed, other public bodies may add terms and conditions required by their laws, ordinances, and regulations, to the extent that they do not conflict with the Contract's terms and conditions. The County shall not be held liable for any costs or damages incurred by other public bodies as a result of any contract extended to other public bodies by the Contractor.

I.28 EMPLOYMENT SERVICES ORGANIZATIONS

1. Where it is practicable for the Contractor to subcontract any portion of the awarded Contract, the Contractor is encouraged to offer such business to Employment Services Organizations. Find a list of Virginia ESOs at https://www.vadars.org/essp/apps/PublicRateSource/.

2. Each Prime Contractor who is awarded a Contract where using an ESO is a condition of the award, shall deliver to the agency or institution, on or before request for final payment, evidence and certification of compliance. When an ESO receives a subcontract for a portion of the Contract and upon completion of the Contract, the Contractor agrees to furnish to Procurement Services, at a minimum, the following information: name of ESO, telephone number, total dollar amount subcontracted, and type of product/service provided. Final payment under the Contract may be withheld until such certification is delivered or other appropriate remedies may be assessed in lieu of withholding such payment.

I.29 SAFETY DATA SHEETS

The Contractor shall provide current Safety Data Sheets (SDS) for all chemicals and hazardous substances brought on-site in the performance of this Contract. SDS documentation shall be submitted to the County's Contract Administrator prior to commencement of work and shall be maintained on-site at all times during performance. The Contractor shall ensure that all materials used comply with applicable safety and regulatory requirements.

II. GENERAL PROVISIONS

II.1 ACCEPTANCE AGREEMENT

A written award or Acceptance Agreement mailed or otherwise furnished to the successful Bidder within the time for acceptance specified in the Solicitation shall be deemed to result in a binding contract. The Bidder's review and acceptance of the terms and conditions of the Solicitation is required as a condition of acceptance. Failure to accept these terms and conditions may result in disqualifying the Bidder from further consideration.

The County reserves the right to incorporate all statements and claims made in the bid (to include any attachments) in the final Contract.

The following documents shall be incorporated by reference in the Contract and become a part of the Contract:

a. Prince William County Acceptance Agreement and other Solicitation documents that may be incorporated by reference,

b. The terms and conditions of the Solicitation and all amendments, and

c. The Bidder's bid.

II.2 AMENDMENT TO THE SOLICITATION

The County shall issue a written Amendment if changes or clarifications to the Solicitation are necessary.

In addition, the County may, at its sole option, extend the due date and time for receipt of Solicitation response. Amendments will be available on the Prince William County Procurement website under the specific Solicitation. Prior to submitting a Solicitation response, Prospective Contractors should view the website to verify issuance of Amendments to the Solicitation.

II.3 ANNOUNCEMENT OF AWARD

View Bid Tabulations and Contracts on the Prince William County Web Page at http://www.pwcva.

gov/bid.

II.4 ANTITRUST

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

II.5 GOVERNING LAW, COURTS, AND LEGAL COMPLIANCE

The solicitation and the Contract shall be governed by the Constitution and laws of the Commonwealth of Virginia. Any litigation arising out of or related to the solicitation and the Contract shall be brought in a state court located in Prince William County, Virginia, or the United Stated District Court for the Eastern District of Virginia, Alexandria Division, and any appropriate appellate court thereof, to the exclusion of the courts of any other state, territory, country, or other jurisdiction. The Contractor shall comply with all applicable federal, Virginia, and County laws, codes, ordinances, regulations, permits, and requirements.

II.6 APPROVING AUTHORITY

The Approving Authority is either the Prince William County Board of County Supervisors or the Department Head and the authority to approve the acquisition is contingent upon the appropriation of funds for the total amount of the Contract within each fiscal year.

II.7 ASSIGNMENT OF CONTRACT

A Contractor shall not assign any contract with the County in whole or in part without the County's prior written consent.

II.8 AUTHORIZED TO CONDUCT BUSINESS IN THE COMMONWEALTH OF VIRGINIA

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 of Virginia as a domestic or foreign business entity if so required by Title

13.1 or Title 50 of the Code of Virginia or as otherwise required by law or regulation. Any business entity described above that enters into a contract with the County shall not allow its 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, or any other Virginia law or regulation, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with these provisions.

II.9 BID EVALUATION

The County shall evaluate Bids based on the requirements set forth in the Solicitation, which may include criteria to determine acceptability as to inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. When applicable to the Solicitation, the County shall rank such criteria in descending order of importance in the Solicitation.

II.10 BID PRICES AND ACCEPTANCE

Bid prices unless otherwise specified, must be net, including, but not limited to, transportation and handling charges fully prepaid by the Contractor to destination, and subject only to any discount for prompt payment that a Bidder may offer. The County will not consider prompt payment discounts offered in a bid in determining Contract award.

Should the County accept the Bidder's bid and award a contract, prices shall remain firm for the period of the Contract unless otherwise agreed to by both parties. Bidder warrants by virtue of bidding that prices, terms, and conditions reflected in its bid submittal shall be firm for an acceptance period of at least 120 calendar days from bid due date, unless otherwise stated in its bid submittal.

II.11 BID SUBMISSION

The County shall consider for award a Prospective Contractor that submitted a sealed response that was properly received prior to the due date and time.

The Bidder shall provide all information and documents requested in the Solicitation or its amendments with the bid in order for the bid to be considered complete. Inadequate or lack of required information or documents may result in disqualification of the bid. Any deviations to the Provisions, Specifications, or Scope of Work may also be cause for disqualification of the bid. As a minimum submit the following:

1. IFB Submission Form;

2. Bidder's Qualifications and References Form; and

3. Special documents/information that the Solicitation may request.

Bidders shall submit a bid electronically via the Solicitations portal. Emailed responses are NOT accepted.

Bidders must submit a bid through the Solicitations portal at https://eservice2.pwcgov.

org/eservices/procurement/VendorLoginReg. Email and hard copy responses are not accepted.

Prospective Contractors should confirm their ability to access the portal in advance of the solicitation due date to allow sufficient time to request technical support, if needed.

If a Bidder is not registered in the portal, they must register before they can submit a response. Approval of a new Supplier registration may take up to 48 hours. Questions regarding Supplier registration can be directed to 703-792-8060 or financevendorrequests@pwcgov.org.

Instructions for submitting bids and proposals using the portal are available on the PWC Procurement website at https://eservice2.pwcgov.org/eservices/procurement/BiddingGuide. These Guides provide detailed instructions for online quote, bid, and proposal submission.

Responses in "draft" status will not be accepted. Bids must be submitted prior to the due date and time listed in the solicitation.

Bids received in Procurement Services after the due date and time are late and shall not be considered for Contract award.

An authorized representative of the business, firm, or corporation shall submit the bid to bind the Bidder to a Contract with the County. The head of Procurement Services may require that any bidder submit powers of attorney or other appropriate documentation showing the authority of the signatory to act on the Contractor's behalf. If it later appears that the signatory had no authority to act, whether such proof of agency has been demanded or not, the County may declare the Contract void if this is in its best interest.

In addition, the Contractor and all other required parties shall sign and date a resulting Contract.

Bids shall be publicly opened in accordance with the Prince William County Procurement Regulations.

The County shall post the recorded bids on the County's website for bidders to view.

If a prospective Bidder does not submit a bid in response to this Solicitation, the Bidder may submit a letter as to why the Bidder is unable or unwilling to submit a bid. The County is interested in learning if there are any problems with the Solicitation process that may discourage responses.

II.12 BIDS EXCEEDING AVAILABLE FUNDS

A. Unless the County cancels a Solicitation or rejects all bids, a responsive bid from the lowest responsible Bidder shall be accepted as submitted, except if the bid from the lowest responsible Bidder exceeds available funds. The head of Procurement Services or designee may negotiate with the apparent low Bidder to obtain a Contract within available funds. Such negotiation shall be undertaken in accordance with the procedures in subsection B of this section.

B. Negotiations may be directed to:

1. Reduction of goods, services, insurance, or construction procured;

2. Substitution of materials; and/or

3. Change in the period for project completion, if the procurement is a construction project.

C. Procurement Services shall conduct the negotiations with the Bidder. If the negotiation does not result in a Contract price within available funds, Procurement Services shall seek an appropriation of additional funds from the Using Department prior to execution of a Contract with the low responsive and responsible Bidder; otherwise, the Solicitation shall be canceled. A record of the cancellation shall be part of the procurement file.

II.13 CHANGES TO THE CONTRACT

1. All modifications and changes to the Contract shall be in writing.

2. The head of the Using Department of this Contract, with the concurrence of the head of

Procurement Services (except as otherwise provided by the County Procurement Regulations), shall, without notice to any sureties, have the authority to order changes in this Contract which affect the cost or time of performance. Such changes shall be ordered in writing specifically designated to be a "Change Order." Orders shall be limited to reasonable changes in the services to be performed or the time of performance; provided that the Contractor shall not be excused from performance under the Contract by failure to agree to such changes.

3. The Contractor shall not perform any work described in any change order unless the Contractor has received a written certification from the County that there are funds budgeted and appropriated sufficient to cover the cost of such changes.

4. The Contractor shall make a claim for payment for completed changed work within 30 calendar days of receipt of a change order, unless such time period is extended in writing or the head of Procurement Services requires submission of a cost proposal prior to the initiation of any changed work or supplies. Later notification shall not bar the honoring of such claim or demand unless the County is prejudiced by such delay.

5. No claim(s) for changes ordered shall be considered by the County if made after final payment in accordance with the Contract.

6. Unilateral modifications may be issued by the head of Procurement Services for minor or administrative purposes.

II.14 CLAIMS/DISPUTES

A. In accordance with Virginia Code § 2.2-4363, this provision shall be followed for consideration and handling of all claims by the Contractor under this Contract. Virginia Code § 2.2-4365 is not applicable to this Contract, and under no circumstances is this paragraph to be construed as an administrative appeals procedure governed by Virginia Code § 2.2-4365.

B. Notice of the intent to submit a claim setting forth the basis for any claim shall be submitted in writing within ten (10) business days after the occurrence of the event giving rise to the claim, or within ten (10) business days of discovering the condition giving rise to the claim, whichever is later. In no event, shall any claim arising out of this Contract be filed after the submission of the request for Final Payment by the Contractor.

C. Claims by the Contractor with respect to this Contract shall be submitted in writing in the first instance for consideration by the Contract Administrator. The decision of the Contract Administrator shall be rendered in writing within forty-five (45) calendar days from the receipt of the claim from the Contractor.

The decision of the Contract Administrator shall be final on behalf of the County unless the Contractor submits the claim to the Chief Procurement Officer within thirty (30) calendar days of the Contract Administrator's decision.

D. If the Contractor is not satisfied with the decision of the Contract Administrator, the Contractor may file a formal dispute with regards to the claim with the Prince William County Chief Procurement Officer, which claim shall be received within thirty (30) calendar days of the date of the decision of the Contract Administrator.

E. The Chief Procurement Officer shall provide a written decision on the claim to the Contractor within forty-five (45) calendar days of the receipt of the claim from the Contractor. The decision of the Chief Procurement Officer shall be final on behalf of Prince William County unless the Contractor submits the claim to the County Executive within thirty (30) calendar days of the Chief Procurement Officer's decision. The Contractor may submit the claim to the County Executive by mailing or otherwise furnishing the Chief Procurement Officer a copy of the claim and a request for the County Executive's determination.

F. The County Executive's decision on the claim shall be rendered in writing to the Contractor within forty-five (45) calendar days of the Chief Procurement Officer's receipt of the request from the Contractor, and shall be final and binding on behalf of Prince William County, unless the Contractor submits the claim for determination by the Board of County Supervisors (the Board) by mailing or otherwise furnishing the Chief Procurement Officer a copy of the claim, along with a request for determination by the Board within thirty (30) calendar days of the County Executive's decision. The Board shall consider the claim and render a decision within forty-five (45) calendar days of the date on which the Board hears the claim in open meeting. The Board's procedure in considering claims under this Contract shall be the same as that for other decisions of the Board on claims made under Virginia Code § 15.2-1245 et seq. The decision of the Board shall be final.

G. Should any decision-maker designated under this procedure fail to make a decision on a claim within the time period specified, then the claim is deemed to have been denied by the decision-maker.

H. Pending a final determination of a claim, the Contractor shall proceed diligently with the performance of the work under the Contract.

I. In accordance with the provisions of Virginia Code § 2.2-4363, full compliance with this procedure set forth in the provision shall be a precondition to the filing of any legal action by the Contractor against the County or its Board arising out of or related to this Contract.

II.15 CLARIFICATION OF TERMS

If any Prospective Contractor has questions about the specifications or other Solicitation documents, the Prospective Contractor shall contact the Buyer whose name appears on the face of the Solicitation no later than close of business seven (7) calendar days before the due date. Any revisions to the Solicitation shall be by amendment issued by the County. Prospective Contractors shall NOT contact any other Prince William County employee regarding the Solicitation or its requirements.

II.16 CLOSURE OF COUNTY GOVERNMENT

If the County Government closes due to an unanticipated event on the scheduled due date for the receipt of responses, Procurement Services will receive responses until 3:00 p.m. the next regular business day.

II.17 CONTINGENCY OF THE CONTRACT AWARD

Award of the contract to the selected firm is contingent upon the budget and appropriation of funds by the Board of County Supervisors (if necessary), and the successful negotiation of contractual terms agreeable to both parties. Failure to achieve either of the above will result in no award.

II.18 CONTRACT TYPE AND AWARD

Prince William County expects to award a fixed price type of contract or a contract based on fixed rates for a specified period based on present assumptions. A written award in the form of an Acceptance Agreement shall be signed by the successful Bidder, the Requesting Agency, and the head of Procurement Services. A fully executed Acceptance Agreement shall be deemed to result in a binding contract.

All procurements of goods, services, insurance, or construction which are subject to the County's competitive bidding requirements shall be awarded to the lowest responsive and responsible bidder based upon the lowest cost and/or other criteria specified in the Solicitation. 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 bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered.

The head of Procurement Services may award all or part of a bid to any bidder whose bid is determined to be the lowest responsive and responsible bid. The County has the option to make multiple awards or primary, secondary, or tertiary awards. The County has the option to make awards by line item, by group, or by the overall lowest cost. Furthermore, specific line item goods and/or services may be deleted from award consideration if in the County's best interest.

The head of Procurement Services is authorized to waive any irregularity or informality in any bid;

provided however, that a bid which is received after the time specified for the opening of bids is considered a "late bid" and will be neither opened nor considered for contract award.

Where the apparent low bidder submitted a substantially lower bid price then the other bidders, the apparent low bidder must be asked to review the bid for mistakes. If no mistake is identified, the bidder shall certify in writing that the bid submitted has been reviewed, no mistake was made, and the bid stands as submitted.

Withdrawal of bids is strictly governed by the County's Procurement Regulations. If a bid may be lawfully withdrawn, notice of withdrawal must be provided in writing within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such claim.

In the event that only one responsive and responsible bid is received, the IFB may be canceled and the goods, services, insurance, or construction rebid unless the head of Procurement Services determines that the price bid is reasonable and in the best interest of the County, on the basis of price comparison, value analysis, prior price history, an engineering estimate, or other method which establishes price reasonableness.

Tie bids are strictly governed by the County's Procurement Regulations. In the case of a tie bid where goods are being offered and existing price preferences as described in the Procurement Regulations have already been taken into account, preference then shall be given to the bidder whose goods contain the greatest amount of recycled content.

The head of Procurement Services may reject any or all bids as deemed in the best interest of the County.

In determining the award of any contract for paper and paper products to be purchased for the County, Procurement Services shall use competitive sealed bidding and shall award to the lowest responsive and responsible bidder offering recycled paper and paper products of a quality suitable for the purpose intended, so long as the bid price is not more than ten percent (10%) greater than the bid price of the low responsive and responsible bidder offering a product that does not meet the United States Environmental Protection Agency (EPA) Recommended Content Standards as defined in 40 C.F.R. Part 247.

All clauses assigned to General Provisions are mandatory. The Contractor's review and acceptance of these terms shall be required as a condition of its bid submittal acceptance. Failure to accept these clauses shall disqualify the bidder from further consideration.

The County will consider amendments proposed by Bidders. Proposed amendments to Special Provisions are to be highlighted and submitted as part of the bid submittal. The County's review and acceptance of the proposed terms shall be a condition of contract award.

II.19 CURRENCY

Unless stated otherwise in the Solicitation, Prospective Contractors shall state prices in US dollars.

II.20 DEBARMENT STATUS

The Contractor certifies that they are:

1. not currently debarred by the County from submitting a response for the type of goods and/or services covered by this Solicitation;

2. not debarred from filling any order or accepting any resulting order; and

3. not an agent of any person or entity that is currently debarred by the County.

II.21 DECISION NOT TO RESPOND

Some recipients of this Solicitation may elect not to submit a response for a variety of reasons. The County is interested in learning whether problems with the solicitation process have discouraged responses or whether there are other reasons. Accordingly, if your firm elects not to submit a response, we ask that you return a statement as to why you are unable or unwilling to respond.

II.22 EMERGENCY PROCUREMENTS

In the event of a County emergency the County reserves the right to procure the contracted goods and/or services from other sources that can provide the goods and/or services sooner than the Contractor in order to meet the County's emergency needs. Emergency procurements are defined in the County Procurement Regulations.

II.23 ETHICS

This Solicitation is subject to the provisions of the Virginia State and Local Government Conflict of Interests Act, Virginia Code § 2.2-3100 et seq. and subject to Virginia Code § 2.2-4367 through § 2.2- 4377. No member of the Board of County Supervisors, any advisory or judicial body of Prince William County, or any other officer or employee of the County, or any member or employee of any agency, office, commission, board, district, corporation, entity, or Volunteer Fire/Rescue Company, or the spouse or any other relative who resides in the same household as any of the foregoing, may be a Contractor or Subcontractor in connection with any bid, or have a personal interest therein as defined by Virginia Code § 2.2-3101.

All Solicitation responses submitted shall be made without prior understanding, agreement, or connection with any corporation, partnership, firm, or person submitting a response for the same requirements, without collusion or fraud. Collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

By submitting a response, Prospective Contractors certify that their response is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder or Offeror, supplier, manufacturer, or Subcontractor in connection with their response, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

No person who, for compensation, assisted in the preparation of a solicitation for the County shall (i) submit a response for that procurement or any portion thereof or (ii) disclose to any Bidder or Offeror information concerning the procurement that is not publicly available.

II.24 EXAMINATION OF RECORDS

The Contractor agrees that the County, or any duly authorized representative, shall, until the expiration of the period specified in the Library of Virginia Records Retention Schedule GS-02, Series 200106, have access to and the right to examine and copy any books, documents, papers, and records of the Contractor involving transactions related to this Contract.

The Contractor agrees…