Invitation for Bid 700617-27

8/12/26 2:43 PM

INVITATION FOR BID

Portable Restroom Rental for Prince

William County Parks and Recreation

PUBLISHED DATE:August 12, 2026 DUE DATE:August 27, 2026

TIME ZONE: EASTERN TIME

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

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

Invitation for Bid 700617-27

8/12/26 2:43 PM

Please submit your response to:

Company Prince William County

Buyer Lyndon Ong Phone E-mail LOng@pwcgov.org

Question and Answers:

Submit Questions to Lyndon Ong

E-mail LOng@pwcgov.org

Contract Terms and Conditions Table of Contents

I. SPECIAL PROVISIONS

I.1 PWC ELECTRONIC BID/PROPOSAL SUBMISSION

I.2 SCOPE OF WORK

I.3 CONTRACT PERIOD

I.4 RENEWAL OF CONTRACTS

I.5 VIRTUAL BID OPENING

I.6 CONTRACT AMOUNT

I.7 CANCELLATION OF CONTRACT

I.8 INSPECTION AND ACCEPTANCE

I.9 PROVISION OF SERVICES

I.10 INSPECTION OF JOB SITE

I.11 WORK SITE DAMAGES

I.12 E-VERIFY PROGRAM

I.13 DELIVERY

I.14 INSTALLATION

I.15 TRANSPORTATION AND PACKAGING

I.16 INVOICING

I.17 QUANTITIES

I.18 TIME OF THE ESSENCE AND COMPLETION

I.19 WARRANTY

I.20 RIDER CLAUSE

I.21 PRODUCT INFORMATION

I.22 ORDERING OPTION

II. GENERAL PROVISIONS

II.1 ACCEPTANCE AGREEMENT

II.2 AMENDMENT TO THE SOLICITATION

II.3 ANNOUNCEMENT OF AWARD

II.4 ANTITRUST

II.5 GOVERNING LAW, COURTS, AND LEGAL COMPLIANCE

II.6 APPROVING AUTHORITY

II.7 ASSIGNMENT OF CONTRACT

II.8 AUTHORIZED TO CONDUCT BUSINESS IN THE COMMONWEALTH OF VIRGINIA...11

II.9 BID EVALUATION

II.10 BID PRICES AND ACCEPTANCE

II.11 BID SUBMISSION

II.12 BIDS EXCEEDING AVAILABLE FUNDS

II.13 CHANGES TO THE CONTRACT

II.14 CLAIMS/DISPUTES

II.15 CLARIFICATION OF TERMS

II.16 CLOSURE OF COUNTY GOVERNMENT

II.17 CONTINGENCY OF THE CONTRACT AWARD

II.18 CONTRACT TYPE AND AWARD

II.19 CURRENCY

II.20 DEBARMENT STATUS

II.21 DECISION NOT TO RESPOND

II.22 EMERGENCY PROCUREMENTS

II.23 ETHICS

II.24 EXAMINATION OF RECORDS

II.25 DRUG-FREE WORKPLACE

II.26 EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

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

II.28 IMMIGRATION REFORM AND CONTROL ACT OF 1986

II.29 INSURANCE REQUIREMENTS

II.30 INTEGRATION

II.31 LABELING OF HAZARDOUS SUBSTANCES

II.32 LICENSE, SERVICE, AND MAINTENANCE AGREEMENTS

II.33 DISCRIMINATION AGAINST PROSPECTIVE CONTRACTORS PROHIBITED

II.34 ORDER OF PRECEDENCE

II.35 PAYMENT PROVISIONS

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

II.37 PRIME CONTRACTOR

II.38 PUBLIC ACCESS TO PROCUREMENT INFORMATION

II.39 PURCHASE ORDER

II.40 QUALIFICATIONS AND COMPETENCY OF PROSPECTIVE CONTRACTOR

II.41 SUBCONTRACTORS

II.42 TAXES

II.43 TERMINATION FOR CONVENIENCE OF THE COUNTY

II.44 TERMINATION FOR DEFAULT

II.45 TERMINATION FOR NON-APPROPRIATION OF FUNDS

II.46 TESTING AND INSPECTION

II.47 VENDOR REGISTRATION

III. ATTACHMENTS

III.1 MINIMUM INSURANCE REQUIREMENTS

III.2 IFB SUBMISSION FORM

III.3 SCOPE OF WORK

III.4 PRICING SCHEDULE - VIEW ONLY

SPECIAL PROVISIONS

I. SPECIAL PROVISIONS

I.1 PWC ELECTRONIC BID/PROPOSAL SUBMISSION

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

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

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

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

Approval and set-up of a new Supplier account to include establishing Multi Factor Authentication (MFA) may take up to four (4) days. Questions regarding Supplier registration can be directed to 703- 792-8060 or financevendorrequests@pwcgov.org.

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

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

I.2 SCOPE OF WORK

PLEASE SEE ATTACHMENT III.3 SCOPE OF WORK.

I.3 CONTRACT PERIOD

The base contract period shall be for one (1) year after the contract award date.

I.4 RENEWAL OF CONTRACTS

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

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

mailto:financevendorrequests@pwcgov.org

I.5 VIRTUAL BID OPENING

Bids are due at the date and time listed on the front page of the Solicitation.

The public bid opening will be held virtually via WebEx on August 27, 2026 at 3:15PM at the following link:

Meeting link:

https://pwc-doit.webex.com/pwc-doit/j.php?MTID=mdc542269bece3d26b841d58665b229de

Meeting number:

2314 005 0391

Meeting password:

MEeguQwp622

Join from a video system or application

Dial 23140050391@pwc-doit.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Join by phone

+1-415-655-0001 Toll

Access code: 23140050391

Global call-in numbers https://pwc-doit.webex.com/pwc-doit/globalcallin.php?MTID=m3ede02cf6a6d9938122514f155562808

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

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

I.6 CONTRACT AMOUNT

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

I.7 CANCELLATION OF CONTRACT

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

I.8 INSPECTION AND ACCEPTANCE

1. Goods and services, which throughout this clause includes without limitation raw materials, components, intermediate assemblies, end products, and work performed, shall be subject to inspection and testing by the County, to the extent practicable at all times and places including the place of manufacture, and in any event prior to acceptance.

2. The County shall notify the Contractor when services are unacceptable, or goods are defective in material or workmanship or otherwise not in compliance with the County's requirements. The County has the right to:

• Reject the goods and/or services, or

• Reject and request replacement or corrective action, whichever is applicable.

At the County's direction, the Contractor shall promptly and at its own expense:

• Remove the defective goods or take all corrective action, whichever is applicable, and replace the defective goods if required by the County,

3. If the Contractor fails to promptly remove such goods that are required to be removed or replaced, or to correct the unacceptable services, the County either 1) may by Contract or otherwise replace or correct such goods/services and charge to the Contractor the cost occasioned the County; or 2) may terminate the Contract for default as provided by the "Termination for Default" Clause. Unless the Contractor corrects the unacceptable services or replaces such goods within the specified delivery schedule, the head of Procurement Services may require the delivery of such goods, or the corrective service, to be provided at a reduction in price that is equitable under the circumstances.

4. Contractor shall conduct and complete all services in accordance with recognized and customarily accepted best practices, unless otherwise specified by the County. When the Contract Administrator or designee approves services as acceptable, the services will be considered complete. In the event of rejection of any services provided, the County will notify the Contractor and provide_____calendar days from date of the deficiency notice to correct the deficiencies and resubmit for inspection.

I.9 PROVISION OF SERVICES

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

I.10 INSPECTION OF JOB SITE

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

I.11 WORK SITE DAMAGES

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

I.12 E-VERIFY PROGRAM

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

I.13 DELIVERY

Delivery of goods or performance of services shall be within forty-eight (48) hours after receipt of order (ARO) by the Contractor.

I.14 INSTALLATION

Deliver, position, level, secure, and remove portable toilet units.

I.15 TRANSPORTATION AND PACKAGING

Delivery and pickup requirements appropriate for rental equipment.

I.16 INVOICING

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

• Contractor's name and address;

• Contract number and purchase order number;

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

• Detailed listing of goods and/or services provided;

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

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

• Receipts and delivery tickets, if applicable.

I.17 QUANTITIES

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

I.18 TIME OF THE ESSENCE AND COMPLETION

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

I.19 WARRANTY

The Contractor warrants that all units are clean, sanitary, leak-free, fully stocked, and maintained in good working condition.

I.20 RIDER CLAUSE

The Contractor may authorize the extension of this Contract to other public bodies, public agencies, or institutions of the United States to permit their use of the Contract at the same prices and/or discounts and terms and conditions. The Contractor shall deal directly with public bodies utilizing the Contract concerning issuance of purchase orders, contractual disputes, invoicing and payment. Prince William County Government acts only as the "Contracting Agent" for these public bodies.

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

I.21 PRODUCT INFORMATION

The Prospective Contractor shall clearly and specifically identify the product being offered and enclose complete and detailed require manufacturers' specifications and photos only for the portable toilet units being offered with the Solicitation response so that the County may determine if the product offered meets the requirements of the Solicitation. Failure to do so may cause the County to consider the Solicitation response nonresponsive.

I.22 ORDERING OPTION

The County may, during the first year after this Contract award and with the concurrence of the Contractor, place additional orders under the Contract at the original unit price through the issuance of separate Purchase Orders. The aggregate of such additional orders shall not exceed 100% of the quantity originally stated in the Contract.

II. GENERAL PROVISIONS

II.1 ACCEPTANCE AGREEMENT

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

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

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

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

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

c. The Bidder's bid.

II.2 AMENDMENT TO THE SOLICITATION

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

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

II.3 ANNOUNCEMENT OF AWARD

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

gov/bid.

II.4 ANTITRUST

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

II.5 GOVERNING LAW, COURTS, AND LEGAL COMPLIANCE

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

II.6 APPROVING AUTHORITY

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

II.7 ASSIGNMENT OF CONTRACT

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

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

A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership, or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title

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

II.9 BID EVALUATION

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

II.10 BID PRICES AND ACCEPTANCE

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

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

II.11 BID SUBMISSION

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

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

1. IFB Submission Form;

2. Bidder's Qualifications and References Form; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

II.12 BIDS EXCEEDING AVAILABLE FUNDS

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

B. Negotiations may be directed to:

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

2. Substitution of materials; and/or

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

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

II.13 CHANGES TO THE CONTRACT

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

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

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

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

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

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

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

II.14 CLAIMS/DISPUTES

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

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

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

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

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

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

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

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

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

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

II.15 CLARIFICATION OF TERMS

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

II.16 CLOSURE OF COUNTY GOVERNMENT

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

II.17 CONTINGENCY OF THE CONTRACT AWARD

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

II.18 CONTRACT TYPE AND AWARD

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

All procurements of goods, services, insurance, or construction which are subject to the County's competitive bidding requirements shall be awarded to the lowest responsive and responsible bidder based upon the lowest cost and/or other criteria specified in the Solicitation. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered.

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

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

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

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

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

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

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

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

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

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

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

II.19 CURRENCY

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

II.20 DEBARMENT STATUS

The Contractor certifies that they are:

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

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

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

II.21 DECISION NOT TO RESPOND

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

II.22 EMERGENCY PROCUREMENTS

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

II.23 ETHICS

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

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

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

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

II.24 EXAMINATION OF RECORDS

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

The Contractor agrees to include in any subcontract for more than $10,000 entered into as a result of the prime contract, a provision to the effect that the Subcontractor agrees that the County or any duly authorized representative shall, until the expiration of the period specified in the Library of Virginia Records Retention Schedule GS-02, Series 200106, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of such Contractor involved in transactions related to such subcontract, or this Contract. The term "subcontract" as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. The period of access provided herein for records, books, documents, and papers which may relate to any arbitration, litigation, or the settlement of claims arising out of the performance of this Contract or any subcontract shall continue until any appeals, arbitration, litigation, or claims have been finally dispositioned and disposed of.

II.25 DRUG-FREE WORKPLACE

During the performance of this Contract, the Contractor agrees to:

1. Provide a drug-free workplace for the Contractor's employees;

2. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

3. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.

II.26 EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

Contractor shall comply with the provisions of the Federal Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act, Virginia Code § 2.2-4200 et seq., the Virginians With Disabilities Act, the Americans With Disabilities Act, as amended, and Virginia Code § 2.2-4311. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The Contractor will include the provisions of subsection 1.a. of this section in each subcontract or purchase order over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

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

The Contractor shall indemnify, defend at its own expense, and hold harmless the Board of County Supervisors of Prince William County, Virginia, and their officers, agents, employees, and volunteers, from any and all injuries, damages, and losses however or by whomever sustained, including cost of investigation, all reasonable attorney's fees, and the cost of appeals arising out of any such claims or suits, because of any and all acts, errors, and omissions of the Contractor, including its agents, subcontractors, employees, and volunteers, in connection with this Contract.

II.28 IMMIGRATION REFORM AND CONTROL ACT OF 1986

Pursuant to Virginia Code § 2.2-4311.1, the Contractor does not and shall not during the performance of the Contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

II.29 INSURANCE REQUIREMENTS

The Prospective Contractor shall provide evidence of the minimum coverages set forth in the following paragraphs, plus the coverages and limits in the Attachment "Minimum Insurance Requirements." The Prospective Contractor shall note any desired exceptions to the insurance coverage, which may include the submission of proposed alternatives. No work shall commence until the County's insurance requirements are met.

1. The Contractor shall be responsible for its work and every part thereof, and for all materials, equipment, and property of any and all description used in connection therewith. The Contractor assumes all risks of direct and indirect damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the Contract, or in connection in any way whatsoever with the contracted work.

2. The Contractor shall, during the continuance of all work under the Contract provide and agree to maintain the following unless omitted from the Attachment "Minimum Insurance Requirements."

a. Workers' Compensation and Employers' Liability insurance under the Commonwealth of Virginia statutory requirements, to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, volunteers, or subcontractors, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia, or which may be hereinafter enacted.

b. General Liability insurance in the amount prescribed by the County, to protect the Contractor, its subcontractors, and the interest of the County, against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form General Liability endorsement, in addition to coverages for explosion, collapse, and underground hazards, where required. Completed Operations Liability coverage shall continue in force for one year after completion of work.

c. Automobile liability insurance, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, shall be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

3. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

4. The Contractor shall provide insurance issued by companies admitted within the Commonwealth of Virginia, with an A.M. Best Rating of at least A:VIII.

5. The Contractor shall provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall file it with the head of Procurement Services executing a contract starting work.

6. The Contractor shall secure and maintain all insurance policies of its subcontractors, and make them available to the County on demand.

7. The Contractor shall provide, on demand, certified copies of all insurance coverage in relation to the Contract within ten (10) calendar days of demand by the County. The Contractor's insurance agent or representative shall send these certified copies to the County.

8. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-calendar day written notice to the head of Procurement Services. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate shall result in suspension of all payments until the head of Procurement Services receives a new certificate.

9. Insurance coverage required in these specifications shall be in force throughout the Contract term.

Should the Contractor fail to provide acceptable evidence of current insurance within five calendar days of written notice at any time during the Contract term, the County shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the County for the entire additional cost of procuring the incomplete portion of the Contract at time of termination.

10. Compliance by the Contractor and all of its subcontractors with the requirements as to insurance shall not relieve the Contractor and all subcontractors of their liabilities and obligations under this Contract.

11. Contractual and other Liability insurance provided under the Contract shall not contain a supervision, inspection, or services exclusion that would preclude the County from supervising and/or…