836394fencHenr.pdf

IFB No. 26-2981-7JLW

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

Fencing Replacement Services

Your firm is invited to submit a bid to provide repair, replacement, and installation of fencing and gates in accordance with the enclosed Scope of Work/Services, Bid Response Requirements, General Contract Terms and Conditions, and, if applicable, Special Contract Provisions. Pursuant to Section 2.2-4304 of the Code of Virginia, this procurement is a cooperative procurement being conducted on behalf of Henrico County and other public bodies.

Your firm’s bid submission must be received no later than August 18, 2026 at 2:00PM, 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 Judi Whitt via email at whi201@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 Judi Whitt at whi201@henrico.gov by no later than August 10, 2026.

Very truly yours, Judi Whitt, CPPB, VCO, VCCO, VCARM

Procurement Analyst III

TABLE OF CONTENTS

I. Introduction

A. Purpose

B. Background

II. Scope of Work/Services

A. Technical Specifications

B. General Requirements

C. Work Site Safety

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

C. Direct Contact with Students 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. Conduct

B. Contract Period

C. Continuity of Services

D. Cooperative Procurement

E. Indemnification

F. Non-Exclusive Contract

G. Period of Performance of Purchase Orders

H. Tobacco-Free Requirement

I. Virginia Contractor’s License

J. 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

ATTACHMENT E – Bidder’s Reference Sheet

ATTACHMENT F – Responsible Bidder Certification

ATTACHMENT G – County of Henrico Insurance Specifications

ATTACHMENT H – Sample Contract

ATTACHMENT I – Certification for Direct Contact with Students

ATTACHMENT J – Price Schedule ...................................................................... Separate Attachment

I. Introduction A. Purpose

The intent and purpose of this IFB, is to establish an annual contract with a qualified suppler(s) to furnish and provide inside delivery of services to collectively the County of Henrico, Virginia (the “County”) Recreation & Parks and Henrico County Public Schools (“HCPS”) in accordance with the Scope of Work/Services section of the solicitation.

B. Background

1. The County of Henrico departments (including, but not limited to, Recreation & Parks Division, HCPS C&M, General Services) are responsible for the care and maintenance of fencing throughout the County. Fencing styles include galvanized chain link, fusion bonded/polyolefin coated chain link, ornamental, polyvinyl chloride (“PVC”), wood corral, and treated wood privacy.

2. The number of fences that need repairs or replacement each year is contingent on individual properties. At this time, the severity of the County’s needs has not been determined and no guarantee is made regarding the amount of work this contract will entail.

Below demonstrates the historical purchase of 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: $554,000 $272,000

II. Scope of Work/Services

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

A. Technical Specifications

1. Fences, Gates and Accompanying Hardware.

LOT A

a. Galvanized Chain Link Fence and Gates.

i. All chain link fence shall be galvanized and must comply with standards of the Chain Link Fence Manufacturer’s Institute.

ii. Fence, gate(s) and accompanying hardware should be provided as a complete system produced by a single manufacturer, including necessary erection accessories, fittings, and fastenings.

iii. Comply with ASTM A-53 for requirements of Schedule 40 piping.

iv. Height of fence shall be measured from the top of concrete footing to the top of post.

v. Provide fabric in one-piece heights for fence heights up to 10 feet measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below:

1. Steel Wire Fabric: Galvanized wire, 0.148” (9 gauge) diameter for fences;

2. 2” mesh size for fabric; and

3. Knuckled top and bottom for Selvages.

vi. Gate frames shall be assembled with fully coped welds. All ferrous metal components shall be SSPC-6 commercial blast cleaned.

vii. Gate Hardware;

1. Hinges: non-lift-off type, offset to permit 180-degree swing, and of suitable size and weight to support gate. Provide 1-1/2 pair of hinges for each leaf over 6 feet high.

2. Latches: plunger bar type complete with flush plate set in concrete for all double gates and single gates over 10’. Padlock eye shall be an integral part of latch construction. A flush plate shall be set in concrete for both the full open position and full closed position.

viii. Miscellaneous Materials and Accessories

1. Post tops: Steel, wrought iron, or malleable iron are considered acceptable.

2. Stretcher Bars: one piece equal to full height of fabric, minimum cross-section 3/16” by ¾”.

3. Metal Bands: steel, wrought iron, or malleable iron are considered acceptable. Shall be used to secure stretcher bars to end, corner, pull and gate posts.

4. Wire Ties: shall be used for tying fabric to line posts, rails and braces and made of 9-gauge steel wire with matching chain link finish.

5. Bolts and Nuts: shall conform to ASTM A-307, Grade A.

ix. All installation procedures shall follow a uniform process. Refer to Attachment F for details.

b. Fusion Bonded Chain Link Fence and Gates.

i. All chain link fence shall be thermally bonded polyvinyl chloride (PVC), plastic resin finish over galvanized steel wire and must Comply with standards of the Chain Link Fence Manufacturer’s Institute.

ii. All gates and gate hardware shall be powder coated.

iii. Fence, gate(s) and accompanying hardware should be provided as a complete

iv. Comply with ASTM A-53 for requirements of Schedule 40 piping.

v. Height of fence shall be measured from the top of concrete walk or finish grade to the top of post.

vi. Provide fabric in one-piece heights for fence heights up to 10 feet measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below:

1. Steel Wire Fabric: Galvanized wire, 0.148” (9 gauge) diameter for fences;

2. 2” mesh size for fabric; and

3. Knuckled top and bottom for Selvages.

vii. Gate frames shall be assembled with fully coped welds. All ferrous metal components shall be SSPC-6 commercial blast cleaned.

viii. Gate Hardware;

1. Hinges: non-lift-off type, offset to permit 180-degree swing, and of suitable size and weight to support gate. Provide 1-1/2 pair of hinges for each leaf over 6 feet high.

2. Latches: plunger bar type complete with flush plate set in concrete for all double gates and single gates over 10’. Padlock eye shall be an integral part of latch construction. A flush plate shall be set in concrete for both the full open position and full closed position.

ix. Miscellaneous Materials and Accessories

1. Post tops: Steel, wrought iron, or malleable iron are considered acceptable.

2. Stretcher Bars: one piece equal to full height of fabric, minimum cross-section 3/16” by ¾”.

3. Metal Bands: steel, wrought iron, or malleable iron are considered acceptable. Shall be used to secure stretcher bars to end, corner, pull and gate posts.

4. Wire Ties: shall be used for tying fabric to line posts, rails and braces and made of 9-gauge steel wire with matching chain link finish.

5. Bolts and Nuts: shall conform to ASTM A-307, Grade A.

x. All installation procedures shall follow a uniform process. Refer to Attachment G for details.

LOT B

c. Ornamental Picket Fence, Gates and Accompanying Hardware.

i. Pickets: Fabricated of galvanized steel tubular members per ASTM A787 with a G90 zinc coating 0.90 oz/ft2 and steel to have 45,000 psi (310 MpPa) yield strength. Picket size shall be 3/4" or 5/8" sq x 16 or 18-gauge wall thickness and spaced at 4" O.C. Pickets shall be attached to rails using 1/4" industrial drive rivets.

ii. Rails: Horizontal U" channels shall be ½" x 1-1/2", 1/8" 15-gauge wall thickness and galvanized: G90 zinc coating 0.90 oz/ft2, manufactured per ASTM A-653/A-653M with a 50,000 psi (344 MPa) yield strength. Rails shall be mechanically punched to receive pickets and drive rivets. Attach rails to brackets using one-way security fastener.

iii. Posts: Fabricated of galvanized square steel tubular members per ASTM A787 with a G90 zinc coating, 0.90 oz/ ft2 and steel to have 45,000 psi (310 MPa) yield strength. Post size 3" sq x 14-gauge wall thickness.

iv. Finish: All posts, caps and fence panels shall be polyester coated individually after fabrication to thoroughly coat all surfaces for additional corrosion protection. All components enter a 5 stage in line cleaning process to prepare the galvanized surfaces for complete adhesion of the finish coat. Components are given a TGIC polyester resin powder coating applied by the electrostatic spray process to 3.0 mil thickness. The finish is baked in an oven for 15 - 20 minutes at a temperature ranging from 400°F. Color: Black.

v. Gates shall consist of ornamental picket swing gates to match the style and color of fence.

vi. Miscellaneous Materials and Accessories

1. Post Caps: Aluminum or formed steel manufactured to form a weather-tight closure. Caps shall be flat top style on each post.

2. Rail/Post Brackets: Standard 1/2" x 1-1/2" galvanized steel channels.

Cover to be pressed to bracket for permanent installation. Bracket shall be fastened to post with one galvanized hex bolt. Rails shall be attached to bracket with one-way security fastener.

3. Rings: Cast aluminum rings attached to rails by insertion of mounting block into upper rail. Rings attached to rails with standard drive rivet to prevent removal.

4. Pickets shall be secured to rails with 1/4-inch aluminum industrial drive rivets to prevent movement. Rivets have a sheer strength of 1,500# and a holding power of 1,100#.

5. Finial Tops of Pickets: Cast aluminum, attached to pickets by ¼” rivets.

All finials extend 6” above rail.

6. Picket Tops shall be pointed top.

vii. All installation procedures shall follow a uniform process. Refer to Attachment H for details.

LOT C

d. Polyvinyl Chloride Fencing, Gates and Accompanying Hardware.

i. All chain link fence shall be thermally bonded polyvinyl chloride (PVC), and must Comply with standards of the Chain Link Fence Manufacturer’s Institute.

ii. Fence, gate(s) and accompanying hardware should be provided as a complete

iii. All installed hardware shall comply with the following requirements:

1. Extruded PVC: ASTM D4726 Hollow, multi-chambered sections of extruded polyvinyl chloride (PVC), with integral ultra-violet degradation resistance.

2. Top and bottom Rails: Slotted, 2” x 7” extruded PVC, with concealed aluminum or galvanized steel support frame.

3. Mid-Rail: 1 ½”x5 ½” extruded PVC

4. Pickets: Tongue and groove; 7/8” x 6” extruded PVC.

5. Posts: 5” x 5” extruded.

iv. Gates shall confirm to Manufacturer’s standard assembly with concealed aluminum or galvanized steel support frame. Use of corner fittings is not permitted. Gates shall permit 200-degree swing.

v. Gate Hardware:

1. Provide lockable latching mechanism to accept padlock.

vi. All installation procedures shall follow a uniform process. Refer to Attachment H for details.

LOT D

e. Wooden Corral Fence.

i. Board Spacing: The top of the top board shall be at least 48” above ground level. Install 4 horizontal boards or rails spaced approximately 9 inches apart.

Stagger rail joints so they don’t hit the same on every post. Install a vertical face board to convert joints on every post and two on corners.

ii. Type of Board: The horizontal boards shall be a minimum of 1” x 6”. Lumber shall be treated with a preservative treatment that meets the American Wood Preservers’ Association (AWPA) U1-06/UC3B standard. If painting is desired, lumber shall be treated with an anti-fungal agent or a waterborne preservative such as acid copper chromate, not creosote.

iii. Post Spacing, Length, and Depth: Space posts apart to accommodate selected rail length. Rail length may range between 8’ and 10’. Wood posts must have a minimum length of 6’ and set or driven to a minim depth of 24”. When posts are set, mixed concrete shall be placed back around posts and held a minimum of 3” down from grade. Topsoil shall be placed on upper 3” and seeded with fescue.

iv. Line Posts: All wooden posts (except red cedar, Osage Orange, or black locust) shall be treated according to use category UC4A of the AWPA (American Wood Protection Association) UC3A refers to exterior construction, above ground, uncoated or poor water run-off. UC4A refers to ground contact or fresh water, non-critical components. At least half the diameter of red cedar shall be heartwood. Quality of treated wood shall provide sufficient strength and last for the expected life of the fence. If ACQ preservative is used, Successful Bidder(s) shall not allow aluminum wires or staples to be used with this treated wood. Only galvanized metals shall be used.

v. Fasteners: Attach each rail or horizontal board with two 16d galvanized or equivalent treated nails or screws. On each post install a face board with one nail in each horizontal plank. A minimum of two nails or screws in each horizontal rail and at least six nails or screws in the face board (for a total of at least 18 nails or screws) per post must be used for a four (4) rail fence.

vi. Cost to paint or stain shall be included.

f. Wooden Privacy Fence.

i. All materials shall be treated wood, or wood of natural resistance to decay, hot-dip galvanized steel, or plastic materials. Installation and durability standards for plastic fencing material shall meet all manufacturer’s standards and specifications, which standards and speciation’s must also meet all requirements for approval of fence materials under the county building code.

All wood shall be construction grade 2 or better.

ii. Fence posts shall consist of one of the following for a 5’-6 ½’ fence: 4”x4” wood post or 1 7/8” diameter steel pipe with a wall thickness of .120”; or 1 7/8” square standard gauge steel pipe with a wall thickness of .120”. Fence posts shall consist of one of the following for a fence over 6 ½’ -8’: 4”x4”x6” wood post, or 2 3/8” square standard gauge steel pipe with a wall thickness of .130”.

iii. Fence posts for a 5’-6 ½’ fence shall be spaced a maximum of 8’ on center.

Fence posts for a fence over 6 ½’ to 8’ tall shall be spaced a maximum of one of the following lengths: if a 4”x 6” wood post is used, the posts shall be spaced 8’ on center; or if a 4”x4”wood post is used, the fence posts shall be spaced 6’ on center; 2 3/8” diameter steel pipe or 2 3/8” square standard gauge steel pipe is to be spaced a maximum of 8’ on center.

iv. 4”x4” wood fences posts shall be set in a minimum 10” diameter concrete pier, extending a minimum of 2’deep. Metal posts shall be set in a minimum 8” concrete pier, extending a minimum of 2’ deep. 4”x6” wood fence posts shall be set in a minimum 12” diameter concrete pier, again extending a minimum of 2’ deep.

v. Any wooden stockade style fence 5’-6 ½’ that is visually nontransparent shall have a minimum of 3-2”x4” rails. Any wooden stockade style fence over 6 ½’ to 8’ that is visually nontransparent will have a minimum of 4- 2”x4” rails.

vi. Vertical wooden fence boards or pickets shall be a minimum of 1” thickness and all pickets shall be spaced such that a sphere 4” diameter cannot pass through.

B. General Requirements

1. Successful Bidder(s) shall be a firm regularly engaged in fencing repair and replacement and have sufficient equipment, materials, and trained personnel experienced in fencing installation and repairs, and transportation available to satisfactorily complete work as specified.

2. Fence replacement and repair services are required on an as needed basis. Services include, but are not limited to, repair or replacing damaged and/or broken fencing and gates, excavating, setting posts, installing concrete, rails, bracing, gates, and chain link mesh. Unless otherwise stated, 9-gauge fabric shall be installed to secure all fences.

3. Successful Bidder(s) shall designate at least one (1) person within their firm as a single point of contact (“POC”) with office and cell phone numbers for accessibility.

4. Fence posts shall be set according to the gate openings specified prior to each project start or with changes accompanying the service call work assignment.

5. At the end of each workday, the Successful Bidder(s) shall be responsible for cleaning the site and all grounds that it has occupied of all rubbish, debris, and old fencing. No debris shall be deposited in containers owned by the County unless authorized to do so.

All parts of the work site shall be left in a neat, orderly, and presentable condition.

6. Any brush or vegetation cut shall be removed at the end of the work performed.

7. The Successful Bidder(s) shall coordinate with the department’s authorized representative for work scheduling. This includes but is not limited to availability of work areas, security planning, and coordination with all agencies and utility providers such as Miss Utility.

8. Some facilities require a security clearance and/or background check. The Successful Bidder(s) shall be informed, in advance, of work requested at a secure facility that requires a security clearance and/or background check.

9. The Successful Bidder(s) shall keep the department’s authorized representative informed of the status of all work in progress on a daily basis or as requested on the Work Plan, including estimated competition date and any issues which may cause a delay in competition.

C. Work Site Safety

1. Successful Bidder(s) shall be responsible for the safety of its employees and the general public while completing services.

2. The Successful Bidder(s) shall have a minimum of two (2) 5lb. fire extinguishers at the site at all times and must be readily available for use if needed.

3. All equipment and services shall comply with all current Virginia laws, Federal laws, ordinances, and regulations. The materials and installation services shall be performed according to current OSHA and EPA standards.

4. Except to the extent that more explicit or stringent requirements are written directly into this Invitation for Bid document, all applicable codes, regulations, and standards have the same force and effect and are made a part of the contract documents by reference.

5. Successful Bidder(s) shall immediately report all occurrences of damage and or personal injury done by its employees to County employees or property, citizens, private property, and Bidder’s employee.

6. Damage to property or loss of vegetation shall be replaced or repaired by the Successful Bidder(s) at no cost to the County within a reasonable period of time, satisfactory to the County. The County may elect to deduct the cost of repairs to damaged property from Successful Bidder’s project invoice if necessary.

7. The County reserves the right to have their own safety inspectors inspect any property damage or personal injury that occurs on County property or County maintained property.

8. The Successful Bidder(s) shall be solely responsible for any and all spills or leaks caused by the Successful Bidder(s) and its agents while performing work under the terms of any resulting project. The Successful Bidder(s) shall notify a County representative within one (1) hour. At no cost to the County, the Successful Bidder(s) shall contain, remediate, and restore the site of the spill to pre-spill conditions in accordance with applicable local, state and Federal regulations, and, if on County property, in accordance with the Invitation for Bid requirements.

9. Successful Bidder(s) shall be responsible for any and all costs associated with the remediation of any hidden contamination discovered to have been the result of a spill or leak. A written report shall be submitted by the Successful Bidder(s) identifying the substance, quantity released, reportable quantity for the substance, agencies notified, and represented contacted for any remediation performed.

D. Personnel.

1. All personnel shall be adequately experienced in fence repair, removal, and installation, and shall be trained, certified and skilled to operate all equipment necessary to perform these services.

2. All personnel shall be clearly identified and carry proper Company identification. Such identification shall be marked on an outer garment and worn at all times.

3. The County may provide security/contractor badges for employees to wear on County property if determined to be necessary.

4. The County shall have the right to require that the Successful Bidder(s) dismiss any employee from the premises whose conduct is improper, inappropriate, or offensive.

E. Ordering, Scheduling, and Acceptance of Work.

1. The Successful Bidder(s) shall meet with a County’s authorized representative within one week (7 days) of notification of a Project. An acceptable “Work Plan” with price quotation shall be provided by the Successful Bidder(s) to the County within five (5) calendar days of receipt of a task order. The Work Plan shall include:

a. A detailed cost estimate;

b. List of subcontractors used for labor if Successful Bidder(s) is not self-performing 100% of the work;

c. Technical drawings and/or specifications to verify the Project scope;

d. Any concerns or notes involving the location security and/or work schedule hours; and

e. Estimated completion date.

2. Emergency Requests: For any emergency repairs, the Successful Bidder(s) shall return calls within (24) hours and begin work within (48) hours. Emergency requests should be accepted 6:00am to 5:00pm, Monday through Friday. Once a request is designated as an Emergency, the Successful Bidder(s) shall complete repairs within three (3) calendar days.

3. Upon completion, the Successful Bidder(s) shall contact the County’s authorized representative for inspection. Acceptability of work will be determined by the County.

Any deficiencies or unsatisfactory work shall be noted. No invoice shall be issues by the Successful Bidder(s) until the County approves of the completed job.

4. Any deficiencies or unsatisfactory work shall be corrected within five (5) working days of notification. The County is the sole judge of completion for any work. The County reserves the right to extend this time limit on a case-by-case basis. However, the Successful Bidder(s) shall send all justification in writing as to why more than five (5) working days is needed to complete any required corrections.

F. Invoicing.

1. Invoices shall include contract number, purchase order number, dates of service, cost for services based on the contract rate, and completed project certification. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by the County’s authorized representative and Successful

Bidder’s Supervisor on an agreeable format.

2. In the event the Successful Bidder(s) fails to prepare the invoice as requested or if charges are calculated incorrectly, the County reserves the right to return the comprehensive invoice to the Successful Bidder(s) and payment will not be made until all corrections are received by the respective department.

3. The Successful Bidder(s) shall submit invoices for completed work to the address provided on the Purchase Order provided by the County.

G. Warranty.

1. The Successful Bidder(s) shall guarantee one (1) year full warranty on all materials and workmanship to commence on the date of project acceptance by the County. The Successful Bidder(s) shall include a copy of their warranty with their bid submittal.

2. Any defects in materials, devices, and workmanship which become apparent within the guarantee period shall be repaired or replaced by the Successful Bidder(s) at his own expense, and at no additional cost to the Department.

3. The Successful Bidder(s) warrants the scope of all applicable regulations to properly perform the work described in this Invitation for Bid and maintain full compliance with all laws, governmental regulations and orders, including the terms and conditions specified in permits currently held by the County for work as applicable to the services described herein.

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.

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 Judi Whitt at whi201@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.

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. Direct Contact with Students (Attachment I)

9. Pricing Schedule (Attachment J) 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).

C. Direct Contact with Students Certification

Pursuant to Va. Code § 22.1-296.1, as a condition of awarding a contract for the provision of services that require the contractor or employees of the contractor to have direct contact with students on school property during regular school hours or during school-sponsored activities, the contractor shall provide certification of whether any individual who will provide such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02; any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude.

Any individual making a materially false statement regarding any such offense is guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction is grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. School boards shall not be liable for materially false statements regarding the certifications required by Va. Code § 22.1-296.1(E).

The County cannot award a contract to a Bidder that does not complete the Attachment I as part of their submission.

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 lot (See the Price Schedule form, Attachment J.)

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.

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: Judi Whitt 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…