Issue Date: Monday, August 17, 2026

IFB No. 26154

PORTABLE SANITARY FACILITIES AND SEPTIC TANK SERVICES

Bid Due Date/Time:

Friday, September 11, 2026

2:00 P.M. Eastern Standard Time (EST)

Bid Opening Date/Time:

Friday, September 11, 2026

2:15 P.M. Eastern Standard Time (EST)

Questions Due Date/Time:

Questions from Bidders must be received by Friday, August 28, 2026 at 2:00 P.M. Eastern

Standard Time (EST). Questions must be emailed to the Contracts Officer listed below. The subject line must include IFB #26154 Portable Sanitary Facilities and Septic Tank Services or your question(s) may not be received and answered in a timely manner. The County is not responsible for verbal clarification of information provided by parties other than staff of the

Procurement Division.

Electronic bid submission via eVA.virginia.gov ONLY!

For help in submitting your bid in the eVA system, please call eVA Customer Care 1-866-289-7367 or visit https://eva.virginia.gov/get-help-customer-care-forms.html

Contracts Officer

Michelle P. Long

(540) 658-8614

Email: Procurement@StaffordCountyVA.gov

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TERMS &

CONDITIONS

In compliance with this IFB and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

BIDDER INFORMATION

Virginia Contractor License No. ☐Required ___________________________________________

☐Not Required

Name of Firm:

Address of Firm:

By (Signature) Date:

Name (print) Title (print)

Phone: Email:

In accordance with Virginia Code § 2.2-4343.1, as amended, Stafford County does not discriminate against faith-based organizations. The County does not discriminate against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

TOTAL BASE BID:

Dollars

(written form)

Please transfer the above figure into the eVA Total Response field.

Contact eVA Customer Care for immediate assistance if you experience trouble completing the vendor upload. Get

Help Customer Care Forms (virginia.gov)

If the Total Base Bid amount contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

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TABLE OF CONTENTS

1. PURPOSE

2. SCOPE OF WORK/SPECIFICATIONS

3. AWARD…………………..…………………………………………………………………11

4. BID CHECKLIST

5. BIDDER’S INSTRUCTIONS

6. METHOD OF PAYMENT

7. GENERAL CONDITIONS………………………………………………………………………16

8. BIDDER REMEDIES

9. CONTRACTUAL TERMS & CONDITIONS

10. REFERENCES .……………….…………………………………………………….…….28

11. TRADE SECRETS/PROPRIETARY INFORMATION INDENTIFICATION ……

12. SMALL & MINORITY BUSINESS ENTERPRISES …………………………………..30

13. VIRGINIA STATE CORPORATION COMMISSION (SCC) REGISTRATION INFO….…..31

14. PRICING SCHEDULE ……………………………………………………………………..…..32-35

Portable Sanitary Facility Chart of Needs Attachment A

Examples ADA Compliant Trailers Attachment B

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NOTE TO PROSPECTIVE BIDDERS:

• This solicitation is subject to the provisions of the Stafford County Invitation for Bid (IFB) and any attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this bid in their entirety. If not attached, a copy of these terms and conditions is available for review at the Procurement Division. Special Terms and Conditions and Specifications attached shall also be part of your bid. The Bid Package and the Construction Plans (as applicable) are available at no charge on the Commonwealth of Virginia’s electronic procurement system, eVA, www.eva.virginia.gov and the County Website. Please be observant of all Bid instructions and specifications. Should any questions arise concerning this Bid, contact the Procurement Division at Procurement@StaffordCountyVA.gov.

• Please note the meaning of the following terms as used in this Invitation for Bid (IFB): The term

“bidder” as referenced in this solicitation refers to the individual or firm preparing and submitting a bid in response to this Invitation for Bid. The term “Contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Stafford County, Virginia, its officers, employees and agents (the “County”). In addition, it also refers to a firm who, when awarded the contract, will be responsible for goods and services required, as a result of this solicitation.

http://www.eva.virginia.gov/ mailto:Procurement@StaffordCountyVA.gov

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1. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit bids from qualified bidders to establish a term contract to provide portable sanitary facilities and septic tank services for various Stafford

County Departments. Locations include Stafford County Park & Recreation, Facilities Department, Sheriff’s Office, Fire & Rescue Department, Utilities Department, and some Stafford County

Public Schools (SCPS) sites. The Portable Sanitary Facility Chart of Needs Attachment A lists the addresses where portable sanitary facility units will need to be delivered. Septic tank service locations are listed in Section 2. Scope of Work/Specifications, below. The County reserves the right to add or remove locations.

Any resulting contract from this IFB shall begin on or about January 1, 2027 through December

31, 2027, with four (4) optional one-year renewal terms.

2. SCOPE OF WORK/SPECIFICATIONS

A. Portable Sanitary Facilities.

1. The Contractor shall furnish and deliver portable sanitary facilities and provide cleaning, servicing, pumping, maintenance and removal services for the Stafford

County Department of Parks and Recreation at the locations listed in the Portable

Sanitary Facility Chart of Needs Attachment A. These services will also be available to other Stafford County Departments if the need arises. Services shall include routine rentals, special event rentals, emergency response, same-day non-emergency response, and scheduled servicing.

2. The Contractor shall be able to provide both regular and Americans with Disabilities

Act (ADA) compliant units. All units shall have ample supplies to accommodate maximum usage between cleanings. All units shall be furnished with hand sanitizer.

See the attached Pricing Schedule for additional information on the types of units required.

3. Normal Business Hours means 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding County-recognized holidays.

4. County may request additional units, which shall be available within one (1) business day of the request from an authorized County representative.

5. County reserves the right to add and/or remove portable facilities on an as-needed basis.

Portable Facilities will be required for special events such as the 4th of July, Christmas

Tree Lightings, Registrar Elections, etc.

6. Emergency Response: means the Contractor’s response to an unplanned condition requiring immediate attention to protect public health, safety, or the environment.

Emergency Response includes, but is not limited to, overflowing portable toilets, units that have been damaged and pose a public health or safety hazard, or other conditions determined by the County require immediate corrective action.

The Contractor shall be available to respond to Emergency Response requests twenty-four (24) hours per day, seven (7) days per week, including weekends and County-recognized holidays. Unless otherwise authorized by an authorized County representative, the Contractor shall acknowledge receipt of an Emergency Response request within thirty (30) minutes and have qualified personnel and equipment on-site within two (2) hours of notification.

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7. Failure to respond to an emergency service request as required may be cause for

Contract termination.

8. Same-Day Non-Emergency Response: means a service request that does not constitute an Emergency Response but requires prompt attention to maintain the usability or cleanliness of the portable toilet facilities. Examples include units approaching capacity, requests for additional servicing, restocking of supplies, minor repairs, or relocation of portable toilets.

The Contractor shall acknowledge receipt of a Same-Day Non-Emergency service request within one (1) hour of notification during Normal Business Hours and shall have qualified personnel and equipment on-site no later than the end of Normal

Business Hours on the same business day. Requests received after Normal Business

Hours shall be acknowledged within one (1) hour of the start of the next business day and completed by the end of that business day unless otherwise directed by the authorized County representative.

9. Scheduled Servicing means routine pumping, cleaning, sanitizing, restocking of supplies, inspection, and maintenance of portable toilets performed in accordance with the County’s work order, rental agreement, or approved service schedule. The

Contractor shall perform Scheduled Servicing on the date and within the timeframe specified by the County’s work order or approved service schedule.

10. Monthly Rentals consist of portable toilet units placed at County facilities or project sites for a period of one (1) month or longer. Monthly rentals shall include delivery, installation, pickup, routine scheduled servicing, pumping, cleaning, sanitizing, restocking of toilet tissue and hand sanitizer (or handwashing stations, if applicable), and all labor, equipment, fuel, disposal fees, and incidentals necessary to maintain the units in a clean, sanitary, and serviceable condition throughout the rental period.

11. Special Event Rentals consists of portable toilet units provided for County-approved events with a rental duration of less than one (1) month. Services include scheduled rentals, emergency rentals, same-day non-emergency rentals, delivery, installation, event standby service when requested, pumping and cleaning during multi-day events, restocking of consumable supplies, removal, and disposal following the event.

12. Scheduled Special Event Rentals Unless otherwise specified in the County’s work order, the Contractor shall deliver and install all units no later than twenty-four (24) hours prior to the scheduled start of the event and remove the units within one (1) business day following notification that the event has concluded. For multi-day events, the Contractor shall provide Scheduled Servicing at intervals specified by the

County or as necessary to maintain sanitary conditions.

13. Emergency Special Event Rental is an unplanned request for additional portable toilet units or replacement of existing units due to unexpected attendance, equipment failure, damage, vandalism, severe weather, or other circumstances requiring immediate service to protect public health, safety, or the environment.

The Contractor shall be available to respond to Emergency Special Event Rental requests twenty-four (24) hours per day, seven (7) days per week, including weekends and County-recognized holidays. Unless otherwise authorized by the authorized

County representative, the Contractor shall acknowledge receipt of an emergency

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 7 of 32 request within thirty (30) minutes and deliver, install, or replace the requested units within two (2) hours of notification.

14. Same-Day Non-Emergency Special Event Rental is a request for additional portable toilet units or related services that does not constitute an emergency but is necessary to support event operations. Examples include increased attendance, requests for additional accessible units, relocation of units, additional handwashing stations, or other operational needs identified by the County.

The Contractor shall acknowledge receipt of a Same-Day Non-Emergency Special

Event Rental request within one (1) hour of notification during Normal Business

Hours and shall deliver and install the requested units or otherwise complete the requested service by the end of Normal Business Hours on the same business day.

Requests received after Normal Business Hours shall be acknowledged within one (1) hour of the start of the next business day and completed by the end of that business day unless otherwise directed by the authorized County representative.

15. County Right to Modify Quantities - The County reserves the right to increase, decrease, relocate, or remove portable toilet units and associated equipment at any time before or during a special event based on operational needs, attendance, weather conditions, public safety concerns, or other unforeseen circumstances. The Contractor shall accommodate such requests in accordance with the applicable response times established in this Contract. Requests constituting an Emergency Response shall be performed in accordance with the Emergency Response requirements. Requests constituting a Same-Day Non-Emergency Response shall be completed by the end of

Normal Business Hours on the same business day, or by the end of the next business day if received after Normal Business Hours, unless otherwise directed by the authorized County representative.

No adjustment to the Contractor’s unit prices shall be made for increases or decreases in quantities, except as provided in the Bid Schedule or as otherwise authorized by a written contract modification.

B. Cleaning Services.

1. The Contractor shall clean and sanitize portable sanitary facilities once per week, using accepted industry practices. Please note: Depending on the season and if the site is a water location, it may be required to be serviced two times per week because of high volume usage. Methods of sanitization shall pose no health hazard to the public and/or the environment. Only sewage treatment plant acceptable chemicals shall be used in the cleaning and sanitizing process.

2. Contractor shall provide a cleaning schedule stating when portables will be serviced, so that an authorized County Representative can check the service.

Contractor shall also provide its cleaning and stocking procedures. The

County has the right to determine what day(s) is/are acceptable based on usage.

3. County may request additional cleaning and sanitation services, which shall be available twenty-four (24) hours from request of the authorized County representative.

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C. Removal and Replacement of Portable Sanitary Facilities.

1. Contractor shall repair or replace units (non-emergency) within three (3) days of reported need from an authorized County representative.

2. Contractor shall repair or replace units (emergency situation) within 24 hours of reported need from an authorized County representative.

2. Contractor shall remove all portable sanitary facilities from assigned sites within ten

(10) days of the end of the Contract term, unless prior arrangements have been made with an authorized County representative.

D. Documentation of Cleaning Services.

Contractor shall provide cleaning documentation stating when portables will be serviced, so that a County representative can check the service. Contractor will also provide before and after pictures of each unit that is cleaned, and have the ability to send these pictures digitally to a provided email address for review.

E. Septic Tank Pump and Haul Services.

1. Contractor shall provide scheduled septic tank pump and haul services at the following sites:

Site Tank Capacity

Aquia Landing Park

2846 Brooke Road

Stafford, VA 22554

Two (2) 2,000-gallon tanks

Patawomeck Park

25 Chopawamsic Parkway

Four (4) 2,000-gallon tanks

Stafford Civil War Park

400 Mt. Hope Church Road, One (1) 2,000-gallon tank

2. Contractor shall provide all labor, materials, equipment, tools, transportation, and supplies required to complete pumping. Services shall include:

a. Pump septic and tanks and remove all solids and sludge as necessary.

b. Refill and recharge system and check for operation as necessary.

c. Check flow diversion valve and switch valve to alternate drain field if necessary.

d. Check drain field for proper operation.

e. Report any deficiencies or discharges to County staff immediately.

f. Haul all sanitary waste from site and dispose properly in accordance with the application of State and County laws and regulations.

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g. Keep the tank sites and adjacent areas clean and free of any waste or rubbish.

h. Provide proper documentation for each site serviced, so the County can file those documents that will meet the State and County requirements.

3. In the peak summer season, scheduled pump and haul services may be needed every other week; in the off-season, scheduled pump and haul services are needed monthly.

4. Contractor shall be licensed to provide pump and haul services through the Virginia

Department of Health, and have authority to dispose waste at County wastewater treatment plants.

F. Septic Tank Emergency Response:

Means the Contractor’s response to an unplanned septic system event requiring immediate service to protect public health, safety, property, or the environment.

Emergency Response services include, but are not limited to, the pumping of overflowing or backed-up septic tanks, lift stations, or holding tanks; removal of sewage that presents an immediate health hazard; and other related services necessary to restore the system to a safe operating condition.

The Contractor shall be available to respond to emergency service requests twenty-four

(24) hours per day, seven (7) days per week, including weekends and County-recognized holidays. Unless otherwise authorized by a County representative, the Contractor shall acknowledge receipt of an emergency service request within thirty (30) minutes and have qualified personnel and equipment on-site within two (2) hours of notification.

Emergency Response shall not include scheduled maintenance, routine pumping, or non-urgent service requests that can reasonably be deferred without creating an immediate risk to public health, safety, property, or the environment. Failure to respond to an emergency service request as required may be cause for Contract termination.

G. Septic Tank Same-Day Non-Emergency Response:

Means a service request that does not constitute an Emergency Response but requires prompt attention to prevent service disruption or minimize the potential for future operational issues. Examples include septic tanks approaching capacity, slow drainage attributable to a full septic tank, or other conditions identified by the County as requiring expedited service.

The Contractor shall acknowledge receipt of a Same-Day Non-Emergency service request within one (1) hour of notification during Normal Business Hours and shall have qualified personnel and equipment on-site no later than the end of Normal Business

Hours on the same business day. Service requests received after Normal Business Hours shall be acknowledged within one (1) hour of the start of the next business day and completed by the end of that business day unless otherwise directed by the authorized

County representative.

H. Septic Tank Scheduled Pumping:

Means routine, planned septic tank pumping services performed at a mutually agreed-upon date and time or in accordance with a County-approved maintenance schedule.

Scheduled Pumping includes preventative maintenance, recurring service, inspections associated with pumping, and other non-urgent pumping services that do not require

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 10 of 32 immediate response.

The Contractor shall perform Scheduled Pumping services on the date and within the timeframe specified in the County’s work order or approved maintenance schedule.

I. Septic Tank Cleaning.

1. Provide septic tank cleaning on an “as needed” basis.

Site Tank Capacity Location at Site

Curtis Memorial Park

58 Jesse Curtis Lane

Fredericksburg, VA 22406

Two (2) 5000-gallon tanks

Swimming Pool

One (1) 5,000-gallon tank Office Building

Two (2) 2500-gallon tanks

Picnic Pavilions

Willowmere Park

21 Willowmere Pond Road

Stafford, VA 22556

One (1) 5,000-gallon tank

Behind Restrooms

Duff McDuff Green Park

75 James Ashby Pkwy

Fredericksburg, VA 22405

One (1) 5,000-gallon tank Between Parking Lot and the baseball fields

Lake Mooney

495 Greenbank Road

Fredericksburg, VA 22406

Two (2) 1500- gallon tanks. 1 septic one pump

Near Restrooms above

Boat Ramp through double gate adjacent to paved parking spaces

2. Ensure staff are properly licensed and qualified to operate the pumper trucks.

3. Provide equipment suitable for the purpose intended and have adequate backup equipment in the event of equipment failure to prevent delays in service.

4. Pumper trucks shall be equipped with tanks having a minimum 1,000-gallon capacity.

The tanks on the trucks shall be equipped with a measuring device to accurately display and monitor volume pumped from the holding tank.

5. Have and maintain a valid wastewater discharge permit and a sewage handling permit throughout the contract term.

6. Failure to respond to an emergency service request as required may be cause for Contract termination.

J. Background Checks; School Site Requirements.

1. The Contractor shall submit the names, social security numbers, and other information of its employees when requested. This information will only be used by the County to obtain nation-wide criminal background checks when the County, in its sole discretion, determines it necessary for reasons of security or confidentiality. When this occurs, the

Contractor shall not send any workers to any County or Schools site whose information has not been provided for the County’s background check. If the Contractor needs to have materials delivered to the site, deliveries from outside vendors must be approved in advance by authorized County staff. These background checks when requested will be performed at the County’s expense.

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2. The provision of services may require the Contractor, Contractor’s employees or other persons within the Contractor’s control to have direct contact with students on Stafford

County Public School property during either regular school hours or school-sponsored activities. The Contractor must provide certification that all persons who will provide such services have not been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Virginia 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. The certification documenting compliance with this requirement shall be provided to the County prior to the commencement of any services.

3. AWARD

A. LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

The contract will be awarded to the lowest responsive and responsible bidder.

1. The lowest bidder shall be determined by the lowest Total Price set forth on page 2 of the IFB.

2. A responsive bidder shall mean a bidder who has submitted a bid which conforms, in all material respects, to the bidding documents.

3. Responsible bidder shall mean a bidder who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered:

a. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

d. The quality of performance of previous contracts or services. For example, the following information will be considered:

i. The administrative and consultant cost overruns incurred by County on previous contracts with bidder,

ii. The bidder's compliance record with contract general conditions on other projects,

iii. The submittal by the bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects,

iv. The bidder's record for completion of the work within the contract time or within contract milestones and bidder's compliance with scheduling and coordination requirements on other projects,

v. The bidder's demonstrated cooperation with the County, Engineer and other contractors on previous contracts,

vi. Whether the work performed and materials furnished on previous contracts was in accordance with the contract documents, and

vii. Whether the work performed on other contracts was of high quality;

e. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services;

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f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

g. The quality, availability and adaptability of the goods or services to the particular use required;

h. The ability of the bidder to provide future maintenance and service for the warranty period;

i. The number and scope of the conditions attached to the bid;

j. Whether the bidder is in arrears to Stafford County on debt or contract or is a defaulter on surety to Stafford County or whether the bidder's Stafford County taxes or assessments are delinquent; and

k. Such other information as may be secured by the County, having a bearing on the decision to award the contract, to include, but not limited to:

i. The ability, experience and commitment of the bidder to properly and reasonably plan, schedule, coordinate and execute the work,

ii. Whether the bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

4. The purpose of the above is to enable the County, in its opinion, to select the bid which is in the best interests of the County. The ability of the low bidder to provide the required bonds will not of itself demonstrate responsibility of the bidder.

5. The County reserves the right to require from the bidder: (1) submissions of additional references, to include a listing of previous and current projects and (2) financial statements indicating current financial status prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in Virginia.

4. BID CHECKLIST

A. Bidders are required to include the following with their bid. Failure to provide these items will result in rejection of the bid.

1. IFB Coversheet

2. Total Base Bid, and any allowances (if applicable)

3. Pricing Schedule

B. Bidders are requested to include the following with their bid. Failure to provide these items may result in rejection of the bid.

1. Reference List

2. Small and Minority Business Data Form

3. State Corporation Commission Form

4. Any IFB Addenda

5. BIDDER’S INSTRUCTIONS

5a. BID FORMS. Unless otherwise specified in the solicitation, all bids must be (i) submitted on the forms provided by the County, including the bid Cover Sheet and Pricing Schedule(s);

and (ii) properly signed in the identified spaces.

5b. ACCEPTANCE OF BIDS/BINDING 90 DAYS. Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless extended by mutual consent of all parties.

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5c. BID OPENING. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly via Microsoft Teams, and made available for inspection. The Total Response amount will be read aloud during the public bid opening.

Meeting Link:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/231768659207048?p=GrHwrJYeJeP

MKwUB1l

Meeting ID: 231 768 659 207 048

Passcode: Wy2XM9w8

Tabulations of bids received are posted on eVA.

5d. MODIFICATION OR WITHDRAWAL OF BID.

A. Clerical Mistake. A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids 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, labor or material made directly in the compilation of a bid, which 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.

B. Clerical and Judgement Mistake. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall 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.

C. Notice. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

D. 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%).

E. 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.

https://teams.microsoft.com/meet/231768659207048?p=GrHwrJYeJePMKwUB1l https://teams.microsoft.com/meet/231768659207048?p=GrHwrJYeJePMKwUB1l

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 14 of 32

5e. LATE BIDS.

A. Bids will not be available for upload to eVA after the date and time set for receipt of bids.

Late bids will not be considered.

B. If an emergency, unanticipated event, or closing of County offices interrupts or suspends normal County business operations so that bids cannot be received at the County office designated for receipt of bids by the exact time specified in the solicitation, then bids will be due at the same time of day specified in the solicitation on the first work day that normal County business operations resume. The official time used for receipt of bids is the time and date stamp clock located in the County Procurement Division. No other clocks, calendars or timepieces are recognized. All bidders must ensure all bids are received prior to the scheduled due date/time.

5f. CONDITIONAL BIDS. Conditional bids may be rejected in whole or in part.

5g. BIDS FOR ALL OR PART. The Procurement Director reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the County. A bidder may restrict its bid to consideration in the group aggregate by so stating, but must name a single unit price on each item bid. Any bid in which the bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award.

5h. ERRORS IN BIDS. When an error is made in extending total prices, the unit bid price will govern. Erasures in bids must be initialed by the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if its bid is accepted.

5i. OMISSIONS & DISCREPANCIES. Any items or parts of any equipment listed in this solicitation that clearly necessary for the operation and completion of such equipment, but are: (i) not fully described by the County; or (ii) are omitted by the County from such specification, shall be considered a part of such equipment even if not directly specified or called for in the specifications. If a bidder finds discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, it shall notify the

Contracts Officer listed on the first page of this IFB at least seven (7) business days prior to the date set for the opening of bids.

5j. NEGOTIATION WITH RESPONSIBLE AND RESPONSIVE BIDDER. If the bid of the lowest responsive and responsible bidder exceeds the available funds for such project, the

Procurement Director or designee may negotiate with the apparent low bidder in order to obtain a contract price within available funding limits.

Such negotiation may include, but is not necessarily limited to:

A. Reduction of scope, goods, services, insurance, or construction procured.

B. Adjustment of the bid price.

C. Substitution of materials.

D. Changes in the period for project completion.

E. The conditions and procedures for such negotiations shall be as set out in the

Procurement Policies and Regulations Stafford County, Virginia, as last revised

(“Stafford County Procurement Policy”).

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Notwithstanding the foregoing, the Procurement Director has the right to cancel any solicitation, to reject any or all bids, even after negotiations with the low bidder and to waive any informality in bids.

5k. DEBARMENT. By submitting a bid, the bidder is certifying that he/she is not currently debarred by the State.

5l. TAX EXEMPTION. The County is exempt from the payment of any federal excise or any

Virginia sales tax. Stafford County's Federal Excise Tax Exemption Number is 0001910140.

5m. PROHIBITION AGAINST UNIFORM PRICING. The Procurement Director encourages open and competitive bidding by all possible means and endeavors to obtain the maximum degree of open competition on all purchase transactions using the methods of procurement authorized by Stafford County Procurement Policy and VPPA. Each bidder, by virtue of submitting a bid, guarantees that it has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re-advertising for bids.

5n. COOPERATIVE PURCHASING. Bidders are advised that the County will extend all resultant contracts, with the authorization of the bidder, to the Metropolitan Washington

Council of Governments jurisdictions and other jurisdictions and political subdivisions of the

Commonwealth of Virginia to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other jurisdiction decides to use the final contract, the contractor must deal directly with that jurisdiction or political subdivision concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing and payment. Stafford County acts only as the “Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration or your bid. It is the responsibility of the awarded contractor to notify the jurisdictions and political subdivisions of the availability of the contract. Stafford County shall not be held liable for any costs or damage incurred by another jurisdiction as a result of any award extended to that jurisdiction or political subdivision by the awardee.

5o. OFFICIALS NOT TO BENEFIT. Each bidder shall certify, upon signing a bid, that to the best of their knowledge no Stafford County official or employee having official procurement responsibility as provided in Article 6 of the Stafford County Procurement Policy, or member of their immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

5p. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH. A bidder organized or authorized to transact business in the Commonwealth pursuant to Title

13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title

13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 16 of 32 to implement this Article is granted by the County Administrator

(https://cisiweb.scc.virginia.gov/z_container.aspx).

5q. W-9 FORM. In the event of a contract award, this information is required in order to issue purchase orders and payments the bidder. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf

6. METHOD OF PAYMENT

The Contractor will be paid on the basis of invoices submitted. Payments will be made thirty (30) days after receipt of a proper invoice or receipt of goods or services, whichever is later. The

Department will have the option of paying the Contractor in less than thirty (30) days if a discount is offered for expedient payment.

Invoices shall be submitted to the following address:

County of Stafford

Parks & Recreation (or serviced department & contact)

Attn: Robert Wild

P.O. Box 339

Stafford, VA 22555

7. GENERAL CONDITIONS

7a. BRAND NAME OR EQUAL ITEMS. 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. Any article that the County in its sole discretion determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible for clearly and specifically identifying the product being offered and providing sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make, or manufacturer specified. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

7b. SPECIFICATIONS. When a solicitation contains a specification that states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification. The bidder must abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings.

Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

7c. SUBCONTRACTS. No portion of the work shall be subcontracted without prior written consent of the County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the County the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully https://cisiweb.scc.virginia.gov/z_container.aspx http://www.irs.gov/pub/irs-pdf/fw9.pdf

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 17 of 32 liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

7d. VIRGINIA FREEDOM OF INFORMATION ACT. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia

Freedom of Information Act, Virginia Code § 2.2-3700 et seq., except as provided below:

A. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

B. 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.

C. The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

D. Trade secrets or proprietary information submitted by a bidder in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act

(§ 2.2-3700 et seq.) if the bidder has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary. When applicable, bidder shall submit the Trade Secret / Proprietary Information Identification Form with his/her bid. 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; or (c) line item prices or total bid prices.

7e. NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS: A written award mailed, emailed, or otherwise furnished to the successful bidder within the time for acceptance specified in the solicitation shall result in a binding contract. The following documents, which are included in the solicitation, are incorporated by reference in and made part of the resulting contract: a. Instructions for Bidders and Attachments; b. any Special Provisions and

Specifications; c. Pricing Schedule; e. Any Addenda/Amendments.

7f. TIE-BIDS. If all bids are for the same total amount or unit price (including authorized discounts and delivery times), and if the public interest will not permit the delay of re-advertisement for bids, the Director of Procurement shall give preference to goods produced in Virginia, or goods and services provided by the resident Virginia tie bidder; otherwise contract award shall be decided by lot. However, if the contract is for goods, then preference shall be given to the bidder whose goods contain the greatest amount of recycled content. The decision of the County to make award to one or more such tie bidders shall be final.

7g. INTENTIONALLY OMITTED.

7h. BID QUANTITIES. On “Requirement” bids, acceptance will bind the County to pay for, at unit bid prices, only quantities ordered and delivered. Where the County specifies estimated quantities, the Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon. The quantities specified in this solicitation are estimated only and are given for the information of bidders and for the

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 18 of 32 purpose of bid evaluation. They do not indicate the actual quantity that will be ordered, since actual volume will depend on requirements that develop during the Contract period.

7i. SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESS USE. The County strongly encourages increasing opportunity for use of small or minority businesses in all aspects of procurement to the maximum extent feasible. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to small, women and minority businesses.

7j. DELIVERY FOB DESTINATION. All goods shall be delivered FOB Destination to the

County Using Department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the Contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

7k. INSPECTION-ACCEPTANCE: Acceptance shall occur only after receipt and inspection provided such inspection, as appropriate, is accomplished within a reasonable time. The

County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

7l. GUARANTEES & WARRANTIES. All guarantees and warranties required shall be furnished by the bidder and shall be delivered to the Procurement Administrator before contract execution. Unless otherwise stated, manufacturer's standard warranty applies.

7m. INSURANCE. The Contractor shall provide and maintain the following insurance during the

Contract term:

A. Workers’ Compensation and Employer’s Liability: Workers' Compensation insurance in accordance with statutory requirements, and Employer's Liability insurance in limits of not less than $500,000 (each employee) or a maximum limit of $1,000,000, to protect the

Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

B. Automobile Liability: A minimum of $2,000,000 combined single limit for each occurrence for property damage liability and bodily injury liability including death in

Automobile Liability coverage. The policy shall cover all persons involved, at any time, and arising out of the ownership, maintenance, or use of owned, non-owned, borrowed, leased, rented, or hired automobiles. In addition, all mobile equipment used by the

Contractor in connection with the contracted work, will be insured under a standard

Automobile Liability policy. The Garage Keeper's Liability coverage shall also be maintained where appropriate.

C. Comprehensive General Liability: Comprehensive General Liability insurance at a minimum $1,000,000 per occurrence, written on an occurrence basis, including ongoing and completed operations; contractual liability; and $2,000,000 general aggregate. In addition, Comprehensive General Liability policy shall include a per project aggregate endorsement. Completed project aggregate endorsement shall continue in force for three

(3) years following completion of the Contract.

D. INTENTIONALLY OMITTED

IFB 26154 Portable Sanitary Facilities and Septic Tank Services Page 19 of 32

E. Additional insurance provisions that apply to all Contracts include:

1. Additional Insured: The Stafford County Board of Supervisors, its officers, employees, agents, and volunteers shall be named as Additional Insured on the

Automobile and Comprehensive General Liability coverage listed above, and it shall be stated on the insurance certificate that this coverage "is primary and non-contributory to all other coverage the County may possess."

2. Liability Insurance "Claims Made" basis: If the liability insurance purchased by the contractor has been issued on a "claims made" basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under the contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of the contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

3. Excess or Umbrella Liability Policy: Liability insurance may be arranged by

Comprehensive General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits…