REQUEST FOR PROPOSALS

RFP # 26-021

CLASS 2 SOLID WASTE COLLECTION

Dated: September 2, 2026

SUBMISSION DEADLINE

September 21, 2026

2:00 PM E.S.T.

Submissions shall be made electronically to the Botetourt County Vendor Portal before the given deadline. The portal requires quick registration and can be accessed at the link below or from the County website's Purchasing page.

BOCO VENDOR PORTAL

Submissions will only be accepted through the Portal and completed as required per these instructions and the directions given at the submission site.

It is the full responsibility of the Offeror to ensure it can access and submit the technical requirements before the deadline. Any proposals received outside the Portal will not be accepted.

Any technical assistance shall be requested via the Bonfire Help site or by email to the Purchasing Office at purchasing@botetourtva.gov. It is the Offeror’s responsibility to allow sufficient time for any issues to be resolved.

All comments and questions concerning this solicitation should be addressed to:

Purchasing Office 57 S. Center Drive Daleville, VA 24083

(540) 928-2106 Email: purchasing@botetourtva.gov or submitted through the Portal.

All questions shall be submitted before September 8, 2026, 5:00 PM E.S.T.

Individuals with disabilities who require assistance or special arrangements in order to participate in this process should call (540) 928-2106. We request that you provide at least 48 hours ' notice so that reasonable efforts may be made to provide the proper assistance. Botetourt County reserves the right to accept or reject any or all proposals, to waive any informalities or irregularities, and to accept a proposal which is deemed in its best interest.

https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities mailto:purchasing@botetourtva.gov

Table of Contents

PURPOSE AND BACKGROUND

PROCUREMENT AND FRANCHISE AUTHORITY

ANTICIPATED SCHEDULE

DEFINITIONS

SCOPE OF SERVICES

A. General

B. Service Area

C. Collection Frequency

D. Containers

E. Vehicles and Equipment

F. Special Handling

G. Title to Waste Material

H. Billing

I. Hours and Routes

J. Holidays

K. Inclement Weather/Interruptions

L. Personnel

M. Customer Service, Complaints, and Reporting

N. Disposal Facility and Tipping Rate

O. Out-of-County Waste

P. Prohibited/Hazardous Waste

Q. Delinquent Accounts

PRICING AND CUSTOMER RATES

REQUIRED PROPOSAL CONTENT

INSTRUCTIONS TO OFFERORS

A. Submission

B. Questions and Addenda

C. Contract Exceptions

D. Virginia Freedom of Information Act

E. County Rights

EVALUATION, NEGOTIATION, AND AWARD

A. Committee

B. Scoring

C. Oral Presentations

D. Negotiations and Award

FRANCHISE / CONTRACT REQUIREMENTS

A. Franchise Agreement

B. Insurance

C. Assignment, Transfer, and Disposal Arrangements

D. Revocation

E. Compliance

GENERAL TERMS AND CONDITIONS

NON-COLLUSION STATEMENT

VIRGINIA PUBLIC PROCUREMENT ACT AGREEMENT

SCC INFORMATION

PURPOSE AND BACKGROUND

Botetourt County, Virginia (the “County”) invites qualified Offerors to submit proposals for one or more nonexclusive franchises to provide Class 2 garbage and refuse collection services in accordance with this RFP, Chapter 20 of the Botetourt County Code, the Virginia Public Procurement Act (“VPPA”), and the County Purchasing Policy & Procedures Manual.

Class 2 customers are customers utilizing front-load or rear-load containers for disposal of garbage and/or refuse. The Board of Supervisors may award one or more nonexclusive Class 2 franchises when it determines such award is in the public interest.

The County anticipates a franchise term beginning on January 1, 2027, and ending on December 31, 2033. Final term is subject to Board approval. County Code § 20-23 permits a term of at least one year and no more than seven years, whether fixed or structured with renewals.

PROCUREMENT AND FRANCHISE AUTHORITY

• County Code § 20-22 authorizes nonexclusive franchises and permits more than one franchise in the same service area when in the public interest.

• County Code § 20-25 establishes the RFP, application, committee review, recommendation, and Board award process.

• VPPA § 2.2-4302.2 governs competitive negotiation and permits multiple awards when provided for in the RFP.

ANTICIPATED SCHEDULE

Dates are subject to change RFP Release September 2, 2026 Questions Due September 8, 2026 Final Addendum September 10, 2026 Proposals Due September 21, 2026 Evaluations/Interviews September 22, 2026-

September 28, 2026 Board Award October 1, 2026 Franchise Begins January 1, 2027

DEFINITIONS

For the purpose of this scope of work, the following words and phrases shall have the meanings respectively ascribed to them, unless clearly indicated to the contrary.

• Bags – Plastic sacks designed for refuse with sufficient wall strength (minimum 0.85 mils thick) to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed 30 gallons.

• Board – The Board of Supervisors of Botetourt County

• Class 2 Customers – All customers who utilize front-load containers and rear-load containers for the disposal of their garbage and/or refuse

• Containers – (a) Reusable Containers: A receptacle made of plastic, metal, or fiberglass with a capacity of 30 gallons or less. (b) Non-reusable Containers: see definition of Bags.

• County – Botetourt County, Virginia

• County Administrator – The County Administrator of Botetourt County, Virginia, or any person, committee, or other entity that he appoints to perform the functions of the County Administrator as described in this RFP.

• Franchise – The nonexclusive right to collect class 1 and/or class 2 waste within a designated service area for the term designated by the Botetourt County Code and at the rate designated by the Board.

• Garbage – The term “garbage” shall mean and include all classes of putrescible or decomposable animal, fish, fowl, fruit, and vegetable wastes resulting from the handling, preparation, or consumption of foods, and any and all food containers, abandoned or discarded by the owner, user or producer thereof as offensive or useless, and set out or placed for collection. The term “garbage” shall not include any hazardous material, hazardous substances, or hazardous waste as defined or referenced by Chapter 14 § 10. 1-1400 et.

Seq. of Title 10.1 of the Code of Virginia, or any substance or material which cannot be placed in the Botetourt County landfill or any convenience center pursuant to applicable county ordinance or regulations.

• Hazardous Waste – Waste designated as hazardous by Chapter 14 § 10. 1-1400 et. Seq. of Title 10.1 of the Code of Virginia, or any substance or material which cannot be placed in the Botetourt County landfill or any convenience center pursuant to applicable county ordinance or regulations.

• Refuse – The term “refuse” shall mean and include all nonputrescible solid and liquid wastes and materials, not constituting garbage, which are rejected, abandoned, or discarded by the owner, user, or producer thereof as offensive or useless and set out or placed for collection.

The term “refuse” shall not include any hazardous materials, hazardous substance, or hazardous waste as defined or referenced by Chapter 14 § 10. 1-1400 et. Seq. of Title 10.1 of the Code of Virginia, or any substance or material which cannot be placed in the Botetourt County landfill, or any convenience center pursuant to applicable county ordinance or regulations.

• Solid Waste – Garbage and Refuse as defined above.

SCOPE OF SERVICES

A. General

The successful franchisee(s) shall provide Class 2 solid waste collection services to Class 2 customers who request to contract with the franchisee within the applicable service area. No Class 2 customer is required by this RFP to contract for collection service.

The franchisee may decline to collect any container or bag improperly set out; any container or bag not defined in the Definitions; any container or bag containing material other than Solid Waste; or any Solid Waste not properly contained. Where the franchisee has reason to leave waste materials uncollected, the resident or commercial establishment shall be informed by the franchisee at the scheduled time of collection by written notice as to why the material was not collected. Once serviced, the container shall be returned to the place where it was set out and, if applicable, its cover replaced.

B. Service Area The Class 2 area is countywide, with the exception of the Town of Buchanan. Selected franchisee(s) shall provide the number, names, and addresses of Class 2 customers they serve to the Solid Waste Manager. Information shall be submitted by July 1, 2027, and annually by January 15 of each franchise year.

C. Collection Frequency Garbage and refuse collection shall be at least once weekly. Hotels, restaurants, institutions, and commercial establishments may be required to have more frequent collections if the Board or the Department of Health determines that this is essential to protect public health.

D. Containers A Class 2 franchisee may stipulate the type of refuse and recycling containers used by its customers. Customers may own and provide their own containers, consistent with County Code § 20.29.

E. Vehicles and Equipment The franchisee shall provide adequate and properly licensed vehicles and equipment to perform the services, including during adverse weather, holiday loads, and equipment breakdowns.

Vehicles shall be specifically designed and appropriately equipped for collection and hauling and shall have compacting devices or equivalent closed bodies and enclosed cargo space as required by County Code §20-26. Equipment shall be maintained in proper repair and sanitary condition.

Loads shall be secured to prevent dropping, leaking, sifting, or blowing.

Collection vehicles must be equipped with:

• Mid- to high-capacity compaction bodies (500 to 1,000 pounds per cubic yard);

• Audible back-up alarms that are fully functional at all times;

• A spill prevention clean-up kit containing a minimum of 25 pounds of absorbent media and a 10-pound or larger multi-class (Class A, B, and C) fire extinguisher;

• Flashing warning lights and “Frequent Stops” in lettering at least 5” in height clearly displayed on the back end of the truck body; and

• DOT-approved warning kit (road flares, warning triangle, etc.) for roadside breakdown or repairs Collection Vehicles shall clearly display:

• Company name and customer service contact number on both truck body sides, at minimum; and

• Truck identification tags as assigned and required by solid waste disposal facilities used pursuant to this agreement on both truck cab sides in front of or below the side mirrors

Compaction bodies are to be sealed at all times to prevent leaking or escape of liquids.

Trucks are to meet DOT standards for operating on all Virginia roads and all safety standards established by DOT, OSHA, or any other governing authority.

The exteriors and exterior finishes of truck cabs and bodies are to be maintained in good condition (minor scratches that do not expose the underlying material, and minor dents and bulges from normal operation are expected) and regularly cleaned.

No vehicles shall be willfully overloaded.

To ensure compliance herewith, the County reserves the right to inspect the franchisee’s collection vehicles at any time to ascertain said condition. Failure to keep a truck in operable condition and of acceptable appearance shall, after inspection and notice, cause the exclusion of that truck from the performance of Solid Waste Collection Services.

F. Special Handling If any garbage or refuse delivered by the franchisee requires special handling, as determined solely at the disposal facility's discretion, the disposal facility and the franchisee will negotiate the terms of disposal. The County shall be under no additional obligation to the franchisee, nor shall the franchisee receive from the County any additional consideration or compensation as a result of such negotiations.

G. Title to Waste Material Title to all garbage and/or refuse collected by the franchisee shall remain with the franchisee until loading is complete and accepted at the disposal facility.

H. Billing Franchisee(s) shall pay any disposal fees charged for the deposit of garbage and/or refuse at the designated disposal facility. Payment will be due within thirty (30) days of receipt of invoice. Any payment more than thirty (30) days past due shall be subject to an interest charge not to exceed 12 percent per annum, or the rate charged by the receiving facility.

I. Hours and Routes Normal hours of collection are from 7:00 a.m. to 7:00 p.m., Monday through Friday, or from 7:00 a.m. to 7:00 p.m., Monday through Saturday, during a week with a holiday. Exceptions may be made only when the franchisee has reasonably determined that an exception is necessary to complete collection of an existing route due to unusual circumstances. The Botetourt County Solid Waste Manager must approve any such exception regarding the extension of collection hours. Franchisee shall provide collection services at least once a week.

J. Holidays A holiday suspension does not relieve the franchisee of required collection frequency. The franchisee shall give customers reasonable advance notice of schedule changes due to holidays and alternative collection dates.

K. Inclement Weather/Interruptions The franchisee shall promptly notify the County’s designated Solid Waste representative of delays, modifications, or suspension caused by weather or operational emergency and shall resume/make up service as soon as reasonably practicable.

L. Personnel The franchisee shall maintain adequate staffing to carry out the requirements of the contract.

The franchisee shall assign one or more qualified field supervisors to oversee Solid Waste Collection services and shall provide the name(s) of the person(s) in writing to the County Solid Waste Manager.

The franchisee shall provide the County Solid Waste Manager with an emergency phone number at which the franchisee's supervisor or other designated employee can be reached outside the required collection hours.

The franchisee and his/her employees shall be courteous at all times, work quietly, and refrain from using loud or profane language. Drivers and collection employees will be uniformed with the franchisee’s company name clearly displayed. Franchisees shall provide and ensure that their employees use safety equipment and clothing as required by OSHA, DOT, or any other governing authority.

The franchisee’s employees shall follow the regular pathways while on private property, shall not trespass or loiter on private property, shall not cross property to adjoining property, and shall not meddle or tamper with property which does not concern them.

The franchisee’s employees shall also comply with all rules and regulations at the disposal facility, including the no-loitering rule.

The franchisee shall employ and assign qualified personnel to perform all the services set forth herein.

The franchisee shall be responsible for ensuring that its employees comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position.

All drivers of vehicles utilized by a Franchise in providing Solid Waste Collection service shall hold a valid Virginia driver's license for operation of the type of vehicle being utilized, and shall comply with all other licensing requirements of federal, state, and local laws and ordinances.

The franchisee’s employees, officers, and agents shall at no time be allowed to identify themselves or in any way represent themselves as being employees of the County.

M. Customer Service, Complaints, and Reporting The franchisee shall maintain a customer service function, document complaints and corrective actions, and make reasonable efforts to promptly resolve missed collections. Customers shall be notified of schedules, service changes, billing information, rate changes, holiday changes, and complaint procedures.

Upon notification by the resident or commercial establishment before 12:00 noon of a complaint, Franchisee shall have until the end of the current workday to return to and collect those missed customers or otherwise resolve the complaint. When notified of a complaint after 12:00 noon, the Franchisee shall have until 12:00 noon the next workday to return to and collect those missed customers or otherwise resolve the complaint. In all instances of missed collections, the Franchisee shall make every effort to resolve the complaint on the day on which notification of the complaint is received.

The Franchisee agrees to provide the following:

1. A monthly log of customer service complaints received during the preceding 30-day period including customer name, address, and/or phone number, the date and substance of the complaint, and the date and substance of corrective action by the Franchisee.

2. Quarterly, a copy of the DOT pre-trip inspection report

3. Quarterly, a financial report detailing the Franchisee’s income, expenses, and outstanding debts relative to fulfilling its obligations under this agreement. The franchise’s expenses and debt shall be appropriately allocated between this agreement and any other agreement(s).

The franchisee shall fully describe the basis and method of such allocation and shall certify, in writing, the accuracy and completeness of its report to the County. Information submitted pursuant to this subsection will be handled in accordance with the Virginia Public Procurement Act and other applicable law. The franchisee shall identify any information for which it claims protection from public disclosure in accordance with the requirements of this RFP and applicable law.

At the beginning of the franchise term, the franchisee shall inform all residents and commercial establishments by written notice as to complaint procedures, regulations, day(s) for scheduled refuse collection, holiday collection policy, and any other matters related to collection. In the event of changes to routes or schedules that alter the pickup day, the franchisee shall notify the public by placing an advertisement in the local paper.

N. Disposal Facility and Tipping Rate Waste collected under the franchise shall be delivered to the disposal facility designated by the County and handled in accordance with facility rules, County Code, and lawful County instructions. The County’s currently designated disposal facility is GFL Environmental, 2045 Lee Hwy, Cloverdale, VA 24077. The current tipping rate is $62.55 per ton.

The franchisee shall not change its disposal arrangement without prior Board approval as required by County Code § 20-21.

O. Out-of-County Waste The franchisee shall maintain controls sufficient to prevent disposal at County facilities of garbage/refuse originating outside of Botetourt County except to the extent expressly permitted by Board resolution.

P. Prohibited/Hazardous Waste The franchise does not authorize disposal at County facilities of hazardous waste, substances, or materials prohibited by the Virginia Waste Management Act, County Code, facility rules, or County policy.

Q. Delinquent Accounts Consistent with County Code § 20-31, a collector may discontinue service to a Class 2 customer whose account is more than sixty days delinquent and shall resume service upon full payment.

PRICING AND CUSTOMER RATES

Price will be considered in evaluation and negotiation. Offerors shall provide proposed customer rates. Maximum Class 2 rates are established by Board resolution and may vary by front-load and rear-load container size.

Container/Service Frequency Proposed Monthly Rate 2 cubic yard $_____________ 4 cubic yard $_____________ 6 cubic yard $_____________ 8 cubic yard $_____________ Rear-load / other $_____________ Other fees/services $_____________

REQUIRED PROPOSAL CONTENT

1. Cover letter to include legal name, address, authorized representative, telephone, and email

2. Experience and Qualifications – garbage/refuse and recycling collection experience; if direct experience is lacking, demonstrate sufficient resources, expertise, and related experience.

3. Virginia/Local Experience – relevant Virginia, local government, or franchise experience, if applicable.

4. Equipment – List type, age, condition, ownership/lease status, and method of operation;

certify legal and regulatory compliance

5. Personnel – staffing, management, drivers, customer service, backup staffing, and certification of sufficient qualified employees.

6. Operation Plans – routes, schedules, collection frequency, customer communications, missed pickups, holidays, weather, backup equipment, and continuity.

7. Out-of-County Waste Controls – explain how County disposal facilities will be protected from unauthorized waste originating outside of Botetourt County.

8. Insurance – confirm ability to maintain required insurance and provide certificates upon award.

9. References/Past Performance – at least three (3) comparable references if available and disclosure of material terminations, franchise revocations, or significant performance disputes in the past five (5) years.

10. Pricing/Customer Rates – complete the pricing schedule

11. Contract Exceptions – identify all requested exceptions

12. Certifications and Forms – complete and sign all required forms, including the Non-Collusion

Statement, VPPA Agreement, and SCC Information Form.

INSTRUCTIONS TO OFFERORS

A. Submission

Submissions shall be made electronically to the Botetourt County Vendor Portal, Bonfire, on or before 2:00 PM E.S.T. September 21, 2026 (at which time receipt of offers will close).

It is the responsibility of the Offeror to inquire about and clarify any requirements of this Request for Proposals that are not understood. Inquiries should be directed to the Purchasing Buyer, Stephanie Sparks, via email to purchasing@botetourtva.gov, or through the Botetourt County Vendor Portal.

Late proposals will not be considered. The Offeror is solely responsible for timely and complete submission.

B. Questions and Addenda Questions shall be submitted only through the Botetourt County Vendor Portal, Bonfire or by email to purchasing@botetourtva.gov. Oral explanations do not modify this RFP. Material interpretations, corrections, or changes will be issued by written addendum. The deadline for questions is September 8, 2026, 5:00 PM E.S.T.

C. Contract Exceptions Offerors shall identify in writing any requested exceptions to contractual terms or conditions.

Exceptions may be considered during negotiations in accordance with the VPPA.

D. Virginia Freedom of Information Act Except as provided, once an Award Agreement is announced, all proposals submitted in response to this RFP will be open to inspection by any citizen, interested person, firm, or corporation, in accordance with the Virginia Freedom of Information Act (“the VFOIA”). Trade secrets or proprietary information submitted by a Firm before or as part of its proposal will not be subject to public disclosure under the VFOIA, only under the following circumstances:

1. The appropriate information is clearly identified by some distinct method, such as highlighting or underlining

2. Only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and

3. A summary page is supplied immediately following the proposal title page that includes

a. the information to be protected,

b. the section(s)/page number(s) where this information is found in the proposal, and

c. a statement of why protection is necessary for each section listed.

The Firm must also provide a separate electronic copy of the proposal with the trade secrets and/or proprietary information redacted.

IF ALL THESE REQUIREMENTS ARE NOT MET, THE FIRM’S ENTIRE PROPOSAL WILL BE

AVAILABLE FOR PUBLIC INSPECTION.

Important: Any trade secrets or proprietary information submitted with a proposal (original or copy) for which the Firm seeks protection from public disclosure must follow the requirements outlined above. A Firm may not request that its entire proposal be treated as a trade secret or proprietary information, nor may it request that its pricing/fees be treated as a trade secret or proprietary information or otherwise be deemed confidential.

E. County Rights The County reserves the right, to the extent permitted by applicable law, to reject any or all proposals; waive informalities; request clarification or additional information from any Offeror;

conduct discussions and negotiations with qualified Offerors; make one or more awards; cancel or reissue this solicitation; and take such other action as the County determines to be in its best interest. The issuance of this RFP does not obligate the County to award a franchise or contract, or to reimburse any Offeror for costs incurred in preparing or submitting a proposal, or in participating in the procurement process.

EVALUATION, NEGOTIATION, AND AWARD

A. Committee

In accordance with County Code § 20-25, proposals will be reviewed by a committee composed of the County Administrator or designee and two members of the Board of Supervisors https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities mailto:purchasing@botetourtva.gov https://botetourtva.bonfirehub.com/portal/?tab=openOpportunities

B. Scoring Factor Points Considerations Experience, qualifications, past performance

25 Relevant experience, resources, reputation, references

Operations, equipment, staffing 25 Equipment, personnel, continuity, routes, customer service

Ability to meet scope/protect County facilities

20 Service plan, out-of-County controls, disposal compliance

Price / proposed rates 20 Reasonableness and overall value

Other supporting factors 10 Additional capabilities and risk mitigation

C. Oral Presentations Each applicant shall be afforded the opportunity to make an oral presentation to the committee, but an oral presentation is not mandatory. The County may request presentations, interviews, clarifications, or additional information.

D. Negotiations and Award For this nonprofessional services procurement, the County will select two or more Offerors deemed fully qualified and best suited based on the stated factors, unless a written single-offeror determination is permitted by the VPPA and made. Negotiations may then be conducted. Price shall be considered but need not be the sole or primary determining factor. The committee will make recommendations to the Board, and the Board may award one or more Class 2 franchises.

FRANCHISE / CONTRACT REQUIREMENTS

A. Franchise Agreement

An awarded Offeror shall execute a franchise agreement prepared or approved by the County Attorney. Consistent with County Code § 20-32, the franchisee shall comply with disposal facility regulations, practices, and instructions; promptly obtain a County business license; fully indemnify the County against claims related to collection activities; and comply with other reasonable contract conditions.

B. Insurance The franchisee shall maintain satisfactory general liability, automobile, and workers’ compensation insurance throughout the franchise term.

C. Assignment, Transfer, and Disposal Arrangements In accordance with Botetourt County Code § 20-21, any assignment or transfer of the franchise, or any changes in the franchisee’s arrangement for the disposal of garbage and refuse, shall require prior approval of the Board of Supervisors. A sale, merger, reorganization, or other change in ownership or control of the franchisee shall not, by itself, constitute County approval of an assignment or transfer of the franchise.

D. Revocation The franchise may be revoked by the Board after notice and hearing for the grounds stated in County Code § 20-35, including noncompliance with Chapter 20 or the franchise application, qualifying violations of law, failure to comply with disposal facility rules or the franchise agreement, or failure to keep disposal facility accounts current.

E. Compliance The franchisee shall comply with all applicable federal, state, and local laws, ordinances, regulations, permits, licenses, County policies, and lawful instructions.

GENERAL TERMS AND CONDITIONS

The general conditions set forth herein apply to contractual services rendered to Botetourt County.

All Offerors are bound by these conditions. Further, these conditions and requirements become part of any contract awarded between Botetourt County and the successful Offeror.

Any changes in the general conditions after the proposal is advertised will be official only when submitted in writing and signed by the Purchasing Office. Any and all changes will be made by addendum and all Offerors notified. All addenda issued will become a part of the proposal.

Should an Offeror find discrepancies or ambiguities and require clarification, he/she should notify the Purchasing Office at least five days prior to the date set for opening of proposals.

Pursuant to section 23-216 of the Botetourt County Code and section 58.1-3703 of the Virginia Code, offerors located in Botetourt County are required to have a business license. Offerors located outside Botetourt County who work in the County are required to purchase a Botetourt business license when gross receipts from work inside the County exceed $25,000 annually. Contact the Office of the Commissioner of Revenue for additional information on business licenses.

Every bidder (or offeror) shall include in its bid (or proposal) the identification number issued to it by the State Corporation Commission confirming that it is organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50. If the bidder (or offeror) is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, the bidder (or offeror) shall include in its bid (or proposal) a statement describing why the bidder (or offeror) is not required to be so authorized. Any bidder (or offeror) that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the County Administrator.

A. Proposal Procedures

1. The Offeror's proposal must be received at the Vendor Portal, prior to the deadline, following the requirements herein. It is the Offeror's responsibility to work out any user or technology issues in advance of the deadline to ensure its ability to submit. Any issues or questions regarding “how to” use the portal shall be directed to Bonfire Help or the Purchasing Department.

2. In submitting a proposal, the Offeror signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment, and services necessary to perform this proposal in accordance with all documents constituting the proposal and will comply satisfactorily with the proposal documents.

3. All information required by the solicitation must be supplied to constitute a responsive proposal.

All information submitted must be legible, and the proposal must be signed by an authorized representative of the vendor to be considered.

4. The Offeror expressly warrants that the services proposed herein are not the result of an agreement or understanding expressed or implied with any other Offeror or Offerors.

5. In the case of a tie, preference shall be given to goods, services, and construction products in Virginia or provided by Virginia persons, firms, or corporations, if such a choice is available;

otherwise, the tie shall be decided by lot.

6. Any proposal submitted with corrections must have the corrections initialed by the person who signed the original proposal. No proposal changes will be permitted after the opening. The unit price will prevail in the event an error is made in computing totals.

7. Botetourt County requires that the proposal remain firm 90 days after the date of the closing. At the end of the 90 days, the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

8. The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid, if applicable, must be net, exclusive of taxes. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

9. The right is reserved to waive any and all informalities and to cancel or reject any and all proposals.

10. The successful Offeror shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute without the written consent of Botetourt County.

11. Proposals will be received up to the appointed hour, but County officials reserve the right to take sufficient time to study the various proposals and then make the awards. Contracts will be awarded as promptly as possible after the closing date.

12. Offerors may be required under Title 54.1 Code of Virginia, if applicable, to show evidence of a certificate of registration.

13. Failure to comply with conditions set forth herein may result in the removal of an item(s) or total proposal from consideration.

B. Anti-Discrimination

By submitting their proposals, offerors certify to the County of Botetourt that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and section 2.2-4311 of the Virginia Public Procurement Act.

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 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. (Code of Virginia, sec. 2.2-4343.1).

In every contract over $10,000, the provisions in 1. and 2. below apply:

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, or disabilities, except where religion, sex, or national origin 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 the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

C. Payments

1. Billing will be directed to the Botetourt County Finance Office, 57 S. Center Drive, Daleville, VA

24083, or emailed to botcoap@botetourtva.gov. Payment will be made after receipt of a proper invoice.

2. Payment shall not preclude Botetourt County from making a claim for adjustment on any item later found not to have been in accordance with General Conditions and Specifications.

D. Disputes

Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payments.

E. Protest of Award or Decision to Award

Any bidder or Offeror who desires to protest the award or decision to award a contract shall submit such protest in writing to the Purchasing Office not later than ten days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or Offeror is not a responsible bidder or Offeror. The written protest shall include the basis for the protest and the relief sought.

F. Proprietary Information

Ownership of all proposal documentation submitted to Botetourt County shall belong exclusively to the County. Proprietary information submitted by the offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or material is submitted. The written notice must specifically identify the data or materials to be protected, including the section of the proposal in which it is contained and the page numbers, as well as stating the reasons why protection is necessary. The proprietary or trade secret material within the proposal must be identified by some distinct method such as highlighting or underlining, and must indicate only the specific words, figures, or paragraphs that constitute proprietary information. In addition, a summary of proprietary information submitted shall be submitted on a separate form. Classifying an entire proposal document as proprietary is unacceptable and will be rejected.

G. Indemnification

Contractor agrees to indemnify, defend, and hold harmless the County, its officers, agents, and employees from any claims, damages, and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by Contractor and/or arising from or caused by any services of any kind or nature furnished by Contractor.

H. Insurance

By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with Sec. 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Workers’ Compensation – Statutory requirements and benefits.

2. Employers Liability - $500,000

3. Commercial General Liability - $1,000,000 per Occurrence/$2,000,000 General Aggregate.

Commercial General Liability includes Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability.

4. Automobile Liability - $1,000,000 – Combined single limit. (Only if a motor vehicle is to be used in the contract.)

5. The County of Botetourt must be named as an additional insured with respect to General Liability and Automobile Liability when requiring a Contractor to obtain Commercial General Liability coverage.

I. Nondiscrimination of Contractors

An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the County shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

J. Drug-Free Workplace

In every contract over $10,000, 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.

K. Immigration Reform and Control Act of 1986

By submitting their proposal, Offerors certify that they do not, and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

L. Authorized to Transact Business

Pursuant to Virginia Code Section 2.2-4311.2 (effective July 1, 2010) each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, (1950), as amended, or as otherwise required by law, is required to include in its bid or proposal its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

NON-COLLUSION STATEMENT

My signature certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce or any act of fraud punishable under the Virginia Governmental Frauds Act, sections 18.2-498.1 et seq. of the Code of Virginia, 1950, as amended.

Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the laws against bid rigging (sections 59.1-68.6 et seq.), and the Virginia Antitrust Act (sections 59.1-9.1 et seq.), and Federal Laws regarding the same, and can result in fines, prison sentences, and civil damage awards.

I hereby certify that I am authorized to sign, personally or as a Representative for the Firm:

Name of Firm or Individual: ________________________________________

Address: _______________________________________________________

Signature Date

Printed Name and Title

VIRGINIA PUBLIC PROCUREMENT ACT AGREEMENT

In the performance of any services under the Agreement, the Vendor shall:

A. Not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by local, state, or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Vendor’s business, and otherwise comply and conform with the provisions of the Civil Rights of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable.

B. Not employ illegal alien workers or otherwise violate the provisions of the Immigration Reform and Control Act of 1986, as amended; and

C. Comply with all federal, state, and local laws and regulations applicable to the performance of the services procured.

D. Provide and maintain a drug-free workplace for its employees in accordance with the Drug-Free Workplace Act of 1988, as amended. For the purposes of this subparagraph, a “drug-free workplace” means a site for the performance of work done in connection with this Agreement. The Vendor shall also state in all solicitations for employees related to the work to be performed under this Agreement that the Vendor maintains a drug-free workplace.

E. Post in conspicuous places, available to employees and applicants for employment, standard anti-discrimination notices as required by Virginia law, as well as a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against any employee for a violation.

F. Include these provisions in any subcontract or purchase order for the purpose of performing the work contemplated by the Agreement the value of which exceeds $10,000, so as to make these provisions binding on such subcontractor or supplier.

I agree to these terms and conditions and understand that they apply to and govern all purchases, regardless of the type of goods or services purchased by the County of Botetourt, Virginia from the

Vendor.

Name Title Vendor _____________________________________

Date ________________________________________

SCC INFORMATION

AUTHORIZED TO TRANSACT BUSINESS

Pursuant to Virginia Code Section 2.2-4311.2 (effective July 1, 2010), each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia (1950), as amended, or as otherwise required by law, is required to include in its bid its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder is not required to be so authorized.

Please complete the following:

A._____ Bidder is a Virginia business entity organized and authorized to transact business in Virginia and such bidder’s SCC Identification Number is

B._____ Bidder is an out-of-state (foreign) business entity authorized to transact business in Virginia and such bidder’s SCC Identification Number is

C._____ Bidder does not have an Identification Number issued to it by the SCC and such bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):