836388sweepHenr.pdf

COUNTY OF HENRICO, VIRGINIA – Department of Finance, Purchasing Division 8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775

Phone: (804)501-5660 Version 4.13.26

IFB No. 26-2982-7LOC

July 30, 2026 Invitation for Bid (“IFB”)

Street Sweeping/Cleaning Services

Your firm is invited to submit a bid to provide street sweeping/cleaning services, to the County of Henrico, Virginia in accordance with the enclosed Scope of Work/Services, Bid Response Requirements, Terms and Conditions, and, if applicable, Special Contract Provisions.

Your firm’s bid submission must be received no later than August 28, 2026 at 11:30 a.m., local prevailing time, by submission through the Commonwealth of Virginia’s electronic procurement platform eVA. A public bid opening will be conducted through a Microsoft Teams meeting upon the closing of the bid period.

Bidders interested in participating in the bid opening shall send a request to be added to the meeting invitation to Leisel Collins via email at COL119@henrico.gov. The Microsoft Teams meeting will be made available for joining five minutes prior to the public bid opening.

Time is of the essence, and any bidder that attempts to submit a bid after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time. The time of receipt shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition. On the contrary, all responsible Bidders are encouraged to bid and their bid is solicited.

Comments as to how bid documents, specifications or drawings can be improved are welcome.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This IFB and any addenda are available on the County of Henrico website at:

http://henrico.gov/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this IFB, please contact Leisel Collins via email at COL119@henrico.gov by no later than August 20, 2026.

Very truly yours, Leisel Collins, CPPB, VCO, VCA

Purchasing Manager about:blank mailto:COL119@henrico.gov http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/ mailto:COL119@henrico.gov

TABLE OF CONTENTS

I. Introduction

A. Purpose B. Background

II. Scope of Work/Services A. Technical Specifications B. Equipment C. General Requirements D. Delivery Requirements E. Invoicing Requirements

III. County Responsibilities IV. General Bid Submission Information and Instructions

A. Addenda B. Bidder’s Representation C. Clarifications, Comments and Questions D. Collusion E. Ethics in Public Contracting F. eVA Submission G. Inspection of Records H. Modification of Bids I. Nondiscrimination of Bidder J. Submission of Bids K. Trade Secrets/Proprietary Information L. Use of Brand Names M. Withdrawal of Bid Due to Error (Other than Construction)

V. Bid Response Requirements A. Bid Documents to be Submitted B. Certification E. Henrico County Business License

VI. Bid Evaluation / Selection Process A. Contract Award B. Exceptions C. Informality D. Negotiation with the Lowest Bidder E. Product Evaluation/Testing

F. Qualifications G. Responsible Bidder Certification H. Tie Bid

VII. General Contract Terms and Conditions A. Annual Appropriations B. Antitrust C. Artificial Intelligence Systems Clause D. Assignment of Contract E. Authorization to Transact Business in the Commonwealth F. Award of the Contract G. Changes to the Contract H. Compensation I. Controlling Law and Venue J. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312) K. Employment Discrimination by Contractor Prohibited L. Employment of Unauthorized Aliens Prohibited M. Environmental Management N. Insurance Requirements O. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and Employment Services Organizations P. No Discrimination against Faith-Based Organizations Q. Occupational Safety & Health Policy Statement R. Ownership of Deliverable and Related Products S. Payment Clauses Required by Va. Code §2.2-4354 T. Record Retention and Audits U. Safety V. Severability W. Subcontracts X. Successful Bidder’s Performance Y. Taxes Z. Termination by County AA. Use of Forced and Child Labor Prohibited (VA Code § 2.2-4311.4)

VIII. Special Contract Provisions A. Contract Period B. Continuity of Services

C. Cooperative Procurement D. Federally Imposed Tariffs E. Indemnification F. Non-Exclusive Contract G. Goods and/or Services Contract Format H. Period of Performance of Purchase Orders I. Warranty

IX. Attachments ATTACHMENT A – Bid Signature Sheet ATTACHMENT B – Bid Form ATTACHMENT C – Business Category Classification Form ATTACHMENT D – Virginia State Corporation Commission Registration Information ... 35 ATTACHMENT E – Bidder’s Reference Sheet ATTACHMENT F – Responsible Bidder Certification ATTACHMENT G – County of Henrico Insurance Specifications ATTACHMENT H – Sample Contract ATTACHMENT I – Equipment Inventory Form

I. Introduction A. Purpose

The intent and purpose of this IFB, is to establish an annual contract with a qualified suppler to furnish and provide inside delivery of street sweeping/cleaning services to the County of Henrico, Virginia (the “County”) Department of Public Works and Department of Public Utilities in accordance with the Scope of Work/Services section of the solicitation.

B. Background

Henrico County is the sixth largest locality by population in the Commonwealth of Virginia and is located in the metropolitan Richmond area. It features a land area of 244 square miles and consists of both highly developed urban and suburban areas, and undeveloped agricultural and forested land. Henrico County is one of two Counties in the state of Virginia that maintains their own roads. Henrico County maintains approximately 3600 lane miles of roads.

Below demonstrates the historical purchase of street sweeping/cleaning services for the last two fiscal years. This information is provided for informational purposes only with no guarantee to purchase a specific amount on the resultant contract from this solicitation.

Fiscal Year 2024 - 2025 2025 - 2026 Approximate Amount Spent: $373,186.93 $512,826.33

II. Scope of Work/Services

The Successful Bidder shall provide all labor, supervision, material, equipment, etc., as required, to successfully provide street sweeping/cleaning services.

A. Technical Specifications

1. The Successful Bidder shall furnish all labor, equipment, fuel, supervision, traffic control and any other incidentals necessary to provide scheduled and emergency street sweeping/cleaning services and completely remove and dispose of all debris (small and large debris) collected from all surfaces of the roadway and bridges, including, but not limited to both sides of the roadway, adjacent to curbs, gutter, and raised medians, as well as intersections and turn lanes at locations approved by the County. Sweeping/cleaning routes will be determined and provided by the County. The sweeping/cleaning of routes shall be performed on both sides of the roadway per curb mile, unless otherwise identified by the County’s authorized representative.

a) Street Sweeping/Cleaning shall be defined as the removal of debris by mechanical and/or vacuum type sweepers and manual/non-mechanical labor crew and equipment from all surfaces of the roadway and bridges, including, but not limited to both sides of the roadway, sidewalks, adjacent to curbs and raised medians, as well as intersections and turn lanes.

b) Debris shall be defined as all litter, rubbish, leaves, sand, dirt, garbage, and other foreign material removable from a paved roadway.

c) Large Debris shall be defined as items that cannot be mechanically swept and require specific handling for disposal (i.e. mattress, appliance, tire and dead animals).

d) Curb Mile shall be measured in length of 5,280 linear feet, along one side of the edge of roadway.

e) Scheduled Services shall be worked scheduled after the award of this contract and in advance.

f) Emergency Services shall be defined as request for service to be performed within four

(4) hours or less.

2. Sweeping/Cleaning shall be achieved through a motorized/mechanical means using broom type, vacuum-type or regenerative air vacuum type, to be visually clear of accumulated debris from the roadway surface. The sweeper shall sweep only in the direction of traffic.

Sweeping operations shall be limited to one side of the roadway at a time.

3. All work shall be performed within County maintained right-of-way. All areas will be swept and cleaned so that no waste material remains on the roadway or gutter. No waste materials will be permitted to be deposited in the drainage structures. Large debris and dead animals shall be removed from the roadway surface and put on the shoulder of the road or the median by the Successful Bidder. The Successful Bidder shall notify the appropriate County Supervisor of any items that have been set aside to allow for pick up and disposal by others.

4. The disposal of debris generated from sweeping/cleaning operations and all associated costs shall be the responsibility of the Successful Bidder. Travel time required for disposal of debris is not a billable item.

5. No work shall be done during stormy or inclement weather unless, it can be done satisfactorily and in a workmanlike manner to secure first class maintenance throughout.

6. The Successful Bidder shall be liable for all damage done to any structure or property arising through his negligence or carelessness. The Successful Bidder shall be responsible for the preservation of all property corners, monuments, sewers, drains, culverts, and all pipes for water, gas and wire conduits crossing encountered in the performance of all work, along with the house services therefrom. In the event of damage to any structure or property by the Successful Bidder, the Successful Bidder shall replace, or fix said structure or property by a certified Contractor at the expense of the Successful Bidder. The Successful Bidder shall not be responsible for any changes required for the relocation of any gas, water or other main lines.

7. The County reserves the right to request regular reports regarding work performed and disposal quantities and methods. The Successful Bidder shall be capable of commencing work within fourteen (14) calendar days after the contract is awarded. Large debris and dead animal pickup is not part of the required services, although shall be removed off of the roadway surface under this contract to allow for disposal by others.

8. The Successful Bidder shall assign a superintendent or foreman on site that can communicate effectively in English, both verbally and in writing, with crew members and the County’s authorized representative. This Successful Bidder’s superintendent or foreman shall supervise the performance of all assign work, have full authority to act as the Successful Bidder to accept all orders and instructions given to the Successful Bidder by the County’s authorized representative.

B. Equipment

1. The Successful Bidder shall provide the necessary and adequate equipment to provide street sweeping/cleaning services and properly dispose of all collected debris. This shall include a minimum of (1) sweeper with the ability to obtain others as to meet the milestones and requirements listed within this solicitation. Adequate support equipment shall be available, including truck mounted attenuator (TMA), debris transfer vehicles, service trucks, tire trucks, roll-off dumpsters, and any other type of equipment necessary to perform sweeping/cleaning services as described in this solicitation.

2. All equipment shall be designed and suitable to provide safe operation on a public roadway, parking lots, and small operations. All roadway equipment shall be equipped with (at minimum) one high intensity amber strobe light.

3. The Successful Bidder shall be required to provide all necessary traffic control equipment (per the most recent version of VA Work Area Protection Manual) to include a Truck- Mounted Attenuator (TMA) with Arrowboard and Operator, if required.

4. The Successful Bidder shall furnish the necessary means for transporting all required equipment, personnel, materials and traffic control to all identified locations.

5. The Successful Bidders’ equipment shall meet all OSHA and VOSH standards, which include vehicular backup alarm systems and flashing lights. All roadway equipment shall be equipped with spill or safety materials as needed.

6. The Successful Bidder’s equipment shall be in compliance with all applicable laws as regulated by Virginia Department of Motor Vehicles.

7. Minimum Sweeping Equipment Requirements:

a) TRUCK MOUNTED VACUUM SWEEPER with dual steering capabilities.

b) Minimum GVW: 29,500 lbs.

a) Minimum Hopper Capacity: 8 cu. yd., 13,000 lbs.

b) Minimum Water System Capacity: 300 gallons

c) Suction Nozzles: Right & left sides

d) Gutter Brooms: Right & left sides

e) Wandering Hose: 10' long, 8" inside diameter

f) Capable of sweeping 8’ to 10’ widths in a single pass.

8. Equipment Required for Laborers Transportation and Removal/Disposal of Manufactured Debris:

a) Transport vehicle shall be truck with a minimum GVW of 28,000 lbs. Operator shall possess a valid CDL.

b) Cargo area of the transport vehicle shall be equipped with a load cover that covers 100 percent of the cargo area and be able to be secured at multiple locations around the perimeter of the cargo area to secure the load and keep all debris contained in the cargo area while being transported.

c) The Successful Bidder shall be responsible for all damage caused by debris falling from the vehicle.

9. Truck Mounted Attenuator(s)

a) TRUCK MOUNTED CRASH ATTENUATOR WITH OPERATOR - Crash cushions shall be crashworthy, conforming to the requirements of National Cooperative Highway Research Program Report (NCHRP) 350, Test Level 3units and shall be in compliance with the latest edition of the Work Area Protection Manual and VDOT’s 2020 Road and Bridge Specification Manual, Section 512. Operator must have CDL and be trained in Work Zone Traffic Control in accordance with the requirements set forth in Section 105.14 of the VA Work Area Protection Manual.

b) Successful Bidder shall provide Truck Mounted Attenuators (TMA) with Arrow Board and Operator, as necessary to perform the operations required by this contract in accordance with the latest edition of the Virginia Work Area Protection Manual including all revisions.

c) Multiple Truck Mounted Attenuators will be required on divided roadways while performing street sweeping/cleaning operations.

10. In the event of equipment breakdown, the Successful Bidder shall have two (2) hours to repair the broken piece of equipment. If the repair is not possible within the two-hour time frame, then a replacement piece of equipment shall be put into operation within three (3) hours, if there is no replacement, then operations will end for the day. The Successful Bidder is required to provide a different comparable piece of equipment the following workday. The Successful Bidder will not be paid for breakdowns (due to Successful Bidder's equipment failure), meals, breaks and travel.

C. General Requirements

1. The Successful Bidder shall provide sufficient equipment and crew to perform an effective and safe operation, in accordance with the latest County of Henrico Standards (Department of Public Works and/or Public Utilities) and Specifications and with the County or State Permit issued for the project.

2. The Successful Bidder and their sub-contractors (if applicable) engaged in any work related to this Contract shall be deemed the exclusive servants of the Successful Bidder, and not for the purpose or in any manner in the employment of the County. The Successful Bidder shall in no manner be relieved from responsibility, liability, or any fault or delay in the execution of said work or any part thereof, by any such employee or any sub-contractor or any part thereof, by any such employee or any sub-contractor or any material men whatsoever.

3. The Successful Bidder must demonstrate they have a local presence and maintain an operational office within 50 miles in or around County of Henrico.

4. The Successful Bidder shall not assign any part thereof, nor any monies due to become due under Contract without prior written approval by the County of Henrico, Virginia Purchasing Division.

5. The Successful Bidder shall provide all necessary traffic control equipment and tools of the trade to perform motorized and manual street sweeping/cleaning services in a single or multiple routes operation. This shall include signage and personnel in accordance with the latest additions of the Manual on Uniform Traffic Control Device (MUTCD) standards, the 2011 or most current edition of Virginia Work Area Protection Manual (VWAPM), and Section 512 of the 2020 Virginia Department of Transportation Road and Bridge

Specifications. The Successful Bidder shall be responsible for vehicles, truck mounted attenuator (TMA) and any other items necessary for traffic control.

6. The Successful Bidder shall provide sufficient equipment and crew to perform any required manual (non-mechanical) sweeping/cleaning operation that may be required to remove debris from roadway surfaces such as, but not limited to concrete medians including the top surface, gore areas, curbs, median barrier walls or other raised structures where the motorized/mechanical equipment cannot reach.

7. Bidders shall include with their bid response, a completed Equipment Inventory Form for each piece of equipment to be utilized under this contract. All equipment may be inspected by the County prior to being placed into operation.

8. After execution of contracts, an on-boarding meeting will be held with the Successful Bidder and the County’s authorized personnel to discuss contract administration, County’s safety programs and procedures, locations reporting procedures and service schedule, and any other miscellaneous items etc.

D. Delivery Requirements

1. The Successful Bidder shall work with the County’s authorized or designated representatives to coordinate and schedule services at a mutually agreed upon day and time and inform the County’s authorized or designated representatives of any discrepancy or issue discovered.

2. The Successful Bidder shall respond within three (3) business days of receiving scheduled and non-emergency requests for services during day and nighttime hours and on weekends and holidays.

3. The Successful Bidder must respond and be available within four (4) hours or less to perform emergency services. If the Successful Bidder is unable to perform emergencies, then the County will seek quotes from another Contractor to perform the work.

4. The Successful Bidder, in some cases, may be required to visit the potential job sites and submit accurate quotations before the work is authorized. If the quotation is accepted and the work is performed, the Successful Bidder’s invoice shall not exceed the quoted amount unless previously authorized by Public Works or Public Utilities authorized representatives.

5. Payments may be withheld if the work does not proceed in accordance with the terms of this contract. All work shall be faithfully undertaken, performed and completed within the time designated in the approved maintenance schedule. The Project Manager may revise the maintenance schedule when specific project situations warrant, or emergency conditions are encountered.

6. Without the permission of the Public Works or Public Utilities authorized representatives, the Successful Bidder shall not work in excess of 10 hours in any one-day or a total of 50 hours in any one week.

E. Invoicing Requirements

1. The Successful Bidder shall submit itemized invoices upon completion of work. Invoices shall include contract number, purchase order number, date of service, Work Order number, physical location of where the work was performed, description of services, number of hours, unit prices and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by Public Works Supervisor or authorized representative and Successful Bidder Foreman on an agreeable format.

2. Invoices shall be mailed as follows:

County of Henrico Department of Public Works PO Box 90775 Henrico VA 23273-0775

County of Henrico Department of Public Utilities PO Box 90775 Henrico VA 23273-0775

III. County Responsibilities

The County will designate an individual to act as the County’s representative with respect to the good provided or work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. General Bid Submission Information and Instructions

A. Addenda

1. Any changes to the bid general terms, conditions, specifications or drawings shall be in the form of a written addendum from the Purchasing Division and it shall be signed by the Director of Purchasing, Department of Finance or a duly authorized representative.

2. An addendum shall be issued no later than six (6) calendar days prior to the date set for the receipt of bids. An addendum extending the date for the receipt of bids or an addendum withdrawing the IFB may be issued any time prior to the date set for the receipt of bids.

3. Each Bidder shall be responsible for determining that all addenda issued by the Purchasing Division for the IFB have been received before submitting a bid for the work. If an addendum is issued after a bidder has submitted a bid response, the Bidder shall resubmit their bid in the latest solicitation round in eVA. The County will only evaluate bids submitted in the latest solicitation round in eVA.

4. Each Bidder shall acknowledge the receipt of each addendum on the Bid Form.

B. Bidder’s Representation

1. By submitting a bid in response to this IFB, the Bidder certifies that it has read and understands the bid documents, specifications, and drawings, if any, and has familiarized itself with all federal, state and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress or performance of the work.

2. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any Bidder from any obligations with respect to its bid or to the Contract.

C. Clarifications, Comments and Questions The County welcomes comments regarding how the IFB and scope of work/services may be improved. Bidders requesting clarification, interpretation of, or improvements to the IFB, shall submit technical questions in writing by the date set forth in this IFB. Any changes to this IFB shall be in the form of a written addendum issued by the Purchasing Division.

D. Collusion By submitting a bid in response to this IFB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, bidder or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

E. Ethics in Public Contracting By submitting a bid in response to this IFB, the Bidder certifies that its bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with its bid, 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.

F. eVA Submission Sealed bids will only be received and accepted through eVA, the Commonwealth of Virginia’s Procurement Portal (https://eva.virginia.gov) until, but no later than the time and date specified in the IFB. Oral, fax machine, email and/or hard copy submissions will not be accepted.

G. Inspection of Records

1. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract (Va. Code § 2.2-4342(C)).

2. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records (Va. Code § 2.2-4342(E)).

H. Modification of Bids

1. A bid may be modified or withdrawn by the Bidder any time prior to the time and date set for the receipt of bids.

2. Modified and withdrawn bids may be resubmitted through eVA up to the time and date set for the receipt of bids.

3. No bid can be withdrawn after the time set for the receipt of bids and for 90 days thereafter except as provided under the Withdrawal of Bid due to Error subsection of this section.

https://eva.virginia.gov/

I. Nondiscrimination of Bidder A bidder shall not be discriminated against in the solicitation or award of this Contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state or federal law, as may be applicable.

J. Submission of Bids

1. All Bidders shall use the enclosed Bid Form in submitting their bid prices through eVA.

2. All prices must be F.O.B. delivered to the point as indicated in the IFB. The County will grant no allowance for boxing, crating, or delivery unless specifically provided for in this

IFB.

3. The Bid Form must be completed and legible. Discrepancies in the multiplication of units of work and the unit prices will 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 thereof will be resolved in favor of the correct sum.

4. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the bid, may be deemed by the Purchasing Division as being nonresponsive.

5. The Bid Signature Sheet (Attachment A) must be signed in order to be considered. If the Bidder is a corporation, the bid must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the Bidder must indicate the corporate title of the individual signing the bid.

6. By submitting a bid in response to this IFB, the Bidder represents it has read and understands the Scope of Work/Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress or performance of the Contract.

7. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other related documents or to acquaint itself with conditions existing at the site, shall in no way relieve any bidder from any obligations with respect to its bid or the Contract.

8. Bidders must upload and submit all required documents and pricing by the time and due date for the Bids. eVA will automatically determine the time for the receipt of Bids. eVA will not permit a Bidder to submit a Bid after the time for receipt of bids. Bidders bear all responsibility for ensuring their Bids and supporting documentation are submitted on time.

The County bears no responsibility for a Bidder’s inability to complete a submission timely for any reason, any problems with internet connectivity, or the Bidder inability to access eVA. Bidders are encouraged to submit bids with sufficient time to resolve any technical problems they may experience.

9. The time for the receipt of bids shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

10. All bids received in eVA by the deadline indicated will be kept sealed and unopened until the time and date set for the opening of bids.

11. It is understood and agreed, if a bidder indicates a "0" dollar amount on the Bid Form, the product or service shall be provided at no charge. All line items must be filled in. Unless otherwise provided in the IFB, if a bidder enters “No Bid” for a line item, their bid will be determined non-responsive.

K. Trade Secrets/Proprietary Information Subject to the limitations of Va. Code § 2.2-4342(F), trade secrets or proprietary information submitted by a Bidder in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary (Va. Code § 2.2-4342(F)). A Bidder shall not designate as trade secrets or proprietary information (a) an entire bid, (b) any portion of a bid that does not contain trade secrets or proprietary information, (c) line item prices or total bid prices.

L. Use of Brand Names

1. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted (Va. Code § 2.2-4315).

2. Unless otherwise provided in the IFB, no proposed equal will be considered prior to receipt of bids. If bidding other than specified, the Bidder shall clearly and specifically identify the product being offered. Upon request, the Bidder may be required to provide complete and detailed descriptive literature, catalog cuts and specifications within three business days from the request to aid the Purchasing Division in determining whether the product offered meets the requirements of the IFB. Failure to do so may cause the bid to be considered nonresponsive.

3. It shall be understood that the burden of proof for an “equal” product shall be and remain the sole responsibility of the Bidder. The County’s decision of approval or disapproval of a proposed alternate shall be final. Nothing herein is intended to exclude any responsible Bidder, its product or service or in any way restrain or restrict competition.

M. Withdrawal of Bid Due to Error (Other than Construction)

1. A Bidder may withdraw its bid from consideration if the price bid was substantially lower than the next low responsive bid due solely to a mistake therein, 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 an unintentional omission of a quantity of work, 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.

2. The Bidder shall give written notice of their claim to withdraw their bid to the Purchasing Division within two business days after the conclusion of the bid opening procedure. (Va.

Code § 2.2-4330). Written notice shall be emailed to the Purchasing Director at kno008@henrico.gov with a copy to Leisel Collins at COL119@henrico.gov and must include all work papers, documents and materials used in the preparation of the Bid.

3. The Purchasing Division will inspect the written evidence submitted by the Bidder with the request and if the Purchasing Division can verify to its satisfaction and sole discretion that the mistake was a non-judgmental mistake, the Bidder will be allowed to withdraw the bid.

mailto:kno008@henrico.gov mailto:COL119@henrico.gov

4. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%). (Va. Code § 2.2-4330(C)).

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit directly or indirectly from the performance of the project for which the withdrawn bid was submitted.

6. If a bid is withdrawn under authority of this section, the next lowest responsive and responsible bidder shall be deemed to be the low bidder.

7. If the Purchasing Division denies the withdrawal of a bid under the provisions of this section, it shall notify the Bidder in writing stating 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.

V. Bid Response Requirements

A. Bid Documents to be Submitted Bidders are required to submit the following documents as part of their bid submission in eVA:

1. Bid Signature Sheet (Attachment A)

2. Bid Form (Attachment B)

3. Business Category Classification Form (Attachment C)

4. Virginia State Corporation Commission Registration Information (Attachment D)

5. Henrico County Business License or other Current Business License

6. Bidder’s Reference Sheet (Attachment E)

7. Responsible Bidder Certification (Attachment F)

8. Equipment Inventory Form (Attachment I) The above documents shall be submitted collectively as one “.pdf” attachment through eVA in accordance with Section IV(J).

B. Certification

a. As part of its bid, the Bidder must certify that it has not defaulted on any government contract in the last five years or must explain any such default in reasonable detail. The County may deem any such explanation of default insufficient if it does not include contact information for the government on whose contract the Bidder defaulted.

b. As part of its submission, the Bidder must certify that no government has terminated a contract with the Bidder for cause in the last five years or must explain any such termination for cause in reasonable detail. The County may deem any such explanation of termination for cause insufficient if it does not include contact information for the government that terminated a contract with the Bidder for cause.

c. As part of its submission, the Bidder must certify that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If the Bidder cannot make such certification, the Bidder must explain any ban in reasonable detail. The County may deem any such explanation insufficient if it does not include contact information for the public body that barred the Bidder or the Bidder’s officer, director, partner, or owner from participating in any procurement on any federal, state, or local government body’s contract.

d. The aforementioned certification are to be made on the Responsible Bidder Certification form (Attachment F).

E. Henrico County Business License

1. If a business is located in the County, it shall be unlawful to conduct or engage in that business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your bid. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

2. If you are a contractor or speculative builder and (i) your principal or branch office is in the County or (ii) you do more than $25,000 of business in the County, you are required to have a business license from the County. If you meet either of the above requirements, include a copy of your current license with your bid. The terms "contractor" and speculative builder" are defined in the County Code, §§ 20-558 and 20-560. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

VI. Bid Evaluation / Selection Process

A. Contract Award

1. It is the intent of the Purchasing Director to award a contract to the lowest responsive and responsible bidder provided the bid does not exceed the funds available for the Contract.

The bid will be awarded by total bid, etc. (See the Bid Form, Attachment B.)

2. Notice of award or intent to award shall be posted on the Purchasing Division website at:

https://henrico.gov/finance/divisions/purchasing.

B. Exceptions Bidders that take exceptions to the IFB, the Scope of Work/Services, the County’s General Contract Terms and Conditions, the Special Contract Provisions, and the Goods and Services Contract will be considered non-responsive and not be considered for a Contract award.

C. Informality The Purchasing Division reserves the right to waive any informality, as defined in Va. Code § 2.2-4301, in bids and to award in part or in whole or to reject any and all bids. The reasons for the rejection shall be made part of the Contract file.

D. Negotiation with the Lowest Bidder

1. If all bids received exceed the available funds for the proposed purchase, the County, pursuant to County Code provisions, may meet with the lowest responsive and responsible Bidder to discuss a reduction in the scope for the proposed purchase and negotiate a contract price within the available funds (County Code § 16-48).

2. After bid negotiations, the lowest responsible Bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value.

3. If the proposed addendum is acceptable to the County, the County may award a contract within funds available to the lowest responsible Bidder based upon the amended bid.

4. If the County and the lowest responsible Bidder cannot negotiate a contract within available funds, all bids shall be rejected.

https://henrico.gov/finance/divisions/purchasing

E. Product Evaluation/Testing

1. The Purchasing Division shall have the option to evaluate and/or test any item offered in this IFB prior to award of the contract. If the Purchasing Division elects to evaluate and/or test an item, the Bidder shall provide all samples required for evaluation and/or testing at no charge within seven calendar days of the request by the Purchasing Division. Samples shall be sent to:

County of Henrico, Virginia Attention: Leisel Collins

Purchasing Division 8600 Staples Mill Road

Henrico, VA 23228

2. Upon the completion of the evaluation and/or testing by the Purchasing Division, the Bidder shall be responsible for the pick-up/return freight of the samples. If return arrangements are not confirmed within seven (7) calendar days after notification from the Purchasing Division that samples are available for return, the Purchasing Division reserves the right to dispose of said samples.

F. Qualifications The Purchasing Division may, before awarding the Contract, require a bidder to submit evidence of its qualifications as may deemed necessary by the Purchasing Division and may consider any evidence available concerning the financial, technical and other qualifications and abilities of the Bidder.

G. Responsible Bidder Certification

a. “Responsible bidder” means a person who has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

b. In determining whether a bidder is responsible, the County will consider whether the Bidder has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Bidder for cause in the last five years; and whether Bidder or any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government agency.

c. If the Bidder fails to submit certifications or explanations in accordance with the Certifications subsection under Section V, the County may deem the bid nonresponsive and reject it.

d. The Bidder must notify the County immediately if the Bidder discovers that its certification was erroneous when submitted or has become erroneous after bid submission, but prior to a Contract award.

e. The fact that the Bidder defaulted on a government contract in the last five years; the fact that a government terminated a contract with the Bidder for cause in the past five years; or the fact that the Bidder or any of its officers, directors, partners, or owners has been barred from bidding on contracts by any federal, state, or local government body will not necessarily result in the County deeming the Bidder nonresponsible.

f. If it is later determined that the Successful Bidder knowingly made a false certification, the County may terminate the contract for cause.

H. Tie Bid In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services provided by Virginia persons, firms or corporations; if such choice is available;

otherwise, the tie shall be resolved by the toss of a coin. In the case of a bid where goods are being offered, and preference for Virginia firms and/or products has already been considered, yet, there is still a tie bid, preference shall be given to the bidder whose goods contain the greatest amount of recycled content (Va. Code § 2.2-4324(C)), and should be decided by the toss of a coin if the preference for recycled content does not provide a winner.

VII. General Contract Terms and Conditions

A. Annual Appropriations The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Antitrust By entering into a contract, the Successful Bidder conveys, sells, assigns, and transfers to the County of Henrico, Virginia 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 services purchased or acquired by the County under the contract.

C. Artificial Intelligence Systems Clause The following terms apply to any artificial intelligence system, as defined in the Advancing American AI Act, section 7223(4) of Pub. L. 117-263 (“AI System”) provided or used in the Successful Bidder’s performance of this contract.

1. If the Successful Bidder will provide or use an AI System owned and/or operated by a third party (“Service Provider”) in the Successful Bidder’s performance of this contract, the Successful Bidder is responsible for ensuring that the AI System conforms with this clause and the County’s Artificial Intelligence (AI) Policy found at:

https://employees.henrico.gov/employment/policies/section13/#1309. All AI Systems must conform to Virginia and federal law.

2. The County retains full ownership of, and will own, all data, information, personally identifiable information, or content (collectively, “Data”) submitted to the AI System by, or on behalf of, the County, including but not limited to user prompts, queries, instructions, system prompts, source data, documents, knowledge bases, and any other information or content submitted to the AI System by, or on behalf of, the County.

3. The County retains full ownership of, and will own, all Data generated by the AI System with County Data or County usage context, including but not limited to responses, results, analyses, anonymized data, derivative data, metadata, logs, synthetic data, and any other output or action produced by the AI System but excluding technical system-level data that contains no County Data or County usage context, such as performance metrics, token counts, and processing times.

https://employees.henrico.gov/employment/policies/section13/#1309

4. The County retains full ownership of, and will own, all Custom Developments. The Successful Bidder and Service Provider must dedicate Custom Developments to the County’s exclusive use and treat Custom Developments (and all associated Data) as the County’s confidential information. The Successful Bidder and Service Provider must not use, reproduce, or derive benefit from Custom Developments for any other purpose, or for any other party, without express written authorization from the County’s Department of Information Technology. The term “Custom Developments” means any design of or modifications, customizations, configurations, or enhancements to AI Systems or associated implementations or workflows, and any related work product or deliverables, in each case developed specifically for the County under this contract, including any modifications, customizations, configurations, or enhancements to AI Systems, or models as a result of model training or fine-tuning. The term “Custom Developments” excludes any background intellectual property existing prior to entry into this contract or developed independently by the Successful Bidder or Service Provider without use of or reference to the County’s confidential information or design specifications during the term of this contract.

5. The Successful Bidder must use the County’s Data only to perform the specific requirements of the contract; provide technical support and maintenance as required to perform this contract; and provide such other services as may be expressly authorized in writing by the County’s Department of Information Technology. County Data and County usage context must not be used to train the AI System or models.

6. To the extent the Successful Bidder or Service Provider obtains any intellectual property rights in County Data, or any improvements, enhancements, feedback, or derivative works thereof, the Successful Bidder assigns and transfers all such rights to the County effective immediately upon creation.

7. The Successful Bidder grants to the County an irrevocable, royalty-free, non-exclusive license to use the AI System for the duration of this contract for any lawful County purpose.

This license includes the right to (i) operate and access the AI System through agreed-upon methods; (ii) input and receive Data; (iii) allow authorized County personnel and contractors to use the AI System; and (iv) integrate the AI System with the County’s systems as necessary for any lawful County purpose (except that County systems may not be connected to AI Systems without prior written approval from the County’s Department of Information Technology). The AI System must not refuse to produce outputs or conduct analyses based on the Successful Bidder’s or Service Provider’s discretionary policies.

This requirement does not require retraining of the model or alteration of model weights.

8. The Successful Bidder and Service Provider must implement reasonable technical, administrative, physical, and organizational safeguards to protect County Data from loss, damage, destruction, unauthorized alteration, or corruption, and prevent its unauthorized, accidental, or unlawful access, disclosure, use, or processing.

9. The Successful Bidder and Service Provider must implement “eyes off” Data handling procedures that restrict human review of County Data except as strictly necessary to provide the AI System for performance of this contract or respond to incidents (including ensuring that any human access to County Data must be logged, justified, and limited to the minimum necessary for functionality), and such access must be transparently logged and visible to the County.

10. The Successful Bidder and Service Provider must comply with the following Data localization requirements. The Successful Bidder and Service Provider (i) must not remove or allow removal of any County Data from the agreed-upon premises or authorized services and (ii) must not transmit, store, take, or access County Data, or allow County Data to be transmitted, stored, taken, or accessed by any means outside the agreed-upon premises or authorized services, without express written consent from the County’s Department of Information Technology.

11. The Successful Bidder and Service Provider must implement and maintain appropriate technical and organizational measures to ensure that all County Data is logically segregated from the Data of any non-County customer or client and not commingled with Data of other customers or clients, and the Successful Bidder and Service Provider must provide adequate defense in depth through access controls, policy enforcement points, labeling, and/or encryption mechanisms and must perform continuous monitoring to protect against unauthorized access by external and internal threat actors, third parties, or…