845283parkLoud.pdf

County of Loudoun, Virginia

INVITATION FOR BID

CONSTRUCTION OF THE WESTPARK IMPROVEMENTS

ACCEPTANCE DATE: Prior to 4:00 p.m., October 29, 2026 “Local Time”

IFB NUMBER: RFQ 692007

ACCEPTANCE PLACE: Loudoun County Government Offices

1 Harrison Street, S.E.,1st Floor, Procurement Bids and Proposals Drop Box Leesburg, Virginia 20175

ONLY THOSE FIRMS PREQUALIFIED THROUGH RFQ 683913 - PREQUALIFICATION FOR

ECOLOGICAL RESTORATION SERVICES (STREAM, OUTFALL, AND WETLAND) ARE ELIGIBLE

TO SUBMIT BIDS FOR THIS PROJECT. BIDS FROM NON-PREQUALIFIED FIRMS WILL NOT BE

CONSIDERED.

The List of Pre-qualified firms are:

• Avon Corporation

• Environmental Quality Resources, L.L.C.

• HGS, LLC

• KBS Earthworks, Inc.

• Stormwater Maintenance, LLC

• Triangle Contracting, LLC

PLEASE NOTE:

A. Plans & Specifications: (Attachment 5)

To obtain these files, please send an email to the Contracting Officer listed below.

Upon receipt of a valid request, the Contracting Officer will provide a secure Microsoft OneDrive link to the shared folder containing the project documents.

Please note, the Project Specifications contain Geotechnical information and a Geotechnical Report Release form signed by an individual authorized to bind the firm into a contract MUST be signed and submitted prior to obtaining the plans and specifications.

Please attach the Geotechnical Report Release Form to your email requesting access to the files using Microsoft One Drive.

B. Pre-Bid Conference An optional Pre-Bid Conference will be held virtually on October 1, 2026, at 11:30 AM to provide clarification on the project requirements and expectations outlined in this solicitation. See the Microsoft Teams log in information provided below. Bidders may not participate in the Pre-Bid Conference in-person at this time.

IFB RFQ 692007

To participate in the audio portion of the opening, please dial the number provided below and follow the prompts as designated. After the project information has been provided, the Contracting Officer will also provide a high-level overview of the supplier registration process and online submission of proposals through iSupplier. To participate by computer, connect to the link provided and follow the prompts as designated:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/234303468963060?p=KbHUtJu5H vs3yQvcEN

Meeting ID: 234 303 468 963 060 Passcode: Vr6Lt9Ur Dial in by phone +1 757-600-4923 Phone conference ID: 559 295 34#

C. Site Inspection

To ensure a thorough understanding of site conditions, constraints, and project requirements, the County encourages Bidders to attend the County-led site inspection on October 7, 2026, at 12:30 PM to familiarize themselves with the site conditions.

Location:

500 Country Club Dr, SW Leesburg, VA 20175

For additional requirements and detailed site access information see Section 21.5, Inspection of Site.

Pre-registration is strongly encouraged. To pre-register, send an email to the Contracting Officer at Nebila.Kurtu@loudoun.gov with the subject line, “Register for RFQ 692007 Site Visit.” Please include the name of the firm, name(s) of representative(s) who will attend, and contact information (phone number(s) and/or email address(es).

The terms and conditions contained in this Invitation for Bid and in the County-Contractor Agreement are not negotiable.

Requests for information related to this Invitation should be directed to:

Nebila Kurtu, NIGP-CPP, CPPB, VCCO, FMP Contracting Officer https://teams.microsoft.com/meet/234303468963060?p=KbHUtJu5Hvs3yQvcEN https://teams.microsoft.com/meet/234303468963060?p=KbHUtJu5Hvs3yQvcEN tel:+17576004923,,55929534 mailto:Nebila.Kurtu@loudoun.gov

Phone: 571.627.7455 E-mail address:Nebila.Kurtu@loudoun.gov

Issue Date: September 23, 2026

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS

SOON AS POSSIBLE.

mailto:Nebila.Kurtu@loudoun.gov

INVITATION FOR BID

SECTION/TITLE PAGE

1.0 PURPOSE

2.0 COMPETITION INTENDED

3.0 PREVAILING WAGE RATES

4.0 BIDDER MINIMUM QUALIFICATIONS

5.0 SPECIFICATIONS

6.0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

7.0 DISCREPANCIES

8.0 BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE REQUIREMENT

9.0 PAYMENT OF TAXES

10.0 NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

11.0 ETHICS IN PUBLIC CONTRACTING

12.0 EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED

13.0 PROHIBITION OF FORCED OR INDENTURED CHILD LABOR

14.0 DRUG-FREE WORKPLACE

15.0 FAITH-BASED ORGANIZATIONS

16.0 EXEMPTION FROM TAXES

17.0 CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT BONDS

18.0 CONSTRUCTION CONTRACT BOND FORMS AND COPIES; ALTERNATIVE FORMS. 12

19.0 CONSTRUCTION CONTRACT RETAINAGES

20.0 AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

21.0 INSTRUCTIONS TO BIDDERS

22.0 PRICING PAGE

Attachments below are incorprorated or incorporated by reference into this Invitation for Bid and Contract Documents:

ATTACHMENT 1: COUNTY-CONTRACTOR AGREEMENT (contained herein) ATTACHMENT 2: GEOTECHNICAL REPORT RELEASE FORM (contained herein)

ATTACHMENT 3: GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

ATTACHMENT 4: PREVAILING WAGE RATES – LOUD – 26-0020

ATTACHMENT 5: PLANS AND SPECIFICATIONS DATED SEPTEMBER 9, 2026

Authorized By: /s/ Nebila Kurtu Date: September 23, 2026

Contracting Officer

CONSTRUCTION OF THE WESTPARK IMPROVEMENTS

1.0 PURPOSE

1.1 The Intent of this Invitation for Bid (IFB) is for the County of Loudoun, Virginia

(County) to obtain the services of a qualified General Contractor to construct the Westpark Improvements (the “Project”). The Westpark Improvements project is a project to develop the former Westpark Golf Course property into a passive park with parking, restrooms, and significant environmental features focused on best management practices (BMPs), and the creation of a bank of wetland/nutrient credits. The project is to be located on approximately 133.46 acres within the Town of Leesburg, Virginia across multiple properties owned by the Loudoun County Board of Supervisors, identified by the property identification numbers (PIN) 2723877000000, 2721730680000, 2734633380000, and 272166306. The General Contractor shall be responsible for the safety and security of neighboring residents, Loudoun County staff, and the public throughout the Project’s construction phase. This Project is located adjacent to a residential area; therefore, adherence to all local and state ordinances for work hours and noise levels shall be strictly enforced.

1.2 The County Construction Contract resulting from this IFB requires the payment of Prevailing Wage Rates. Refer to Section 3.0 of this IFB.

1.3 The costs associated with the removal of any and all unsuitable soils and/or rock encountered below subgrade as defined in Specification 312000 (included as Attachment 5 of the IFB), during the construction of this Project shall be borne by the County. The County requests that the Contractor provide unit prices for unsuitable soils removal and rock removal. Unit Prices shall include the import of suitable material as needed to replace those quantities removed (It shall be assumed that suitable material will be procured from an off-site source). Unit prices shall be included on the Pricing Page of the Bid and shall be multiplied times an assumed quantity provided by the County for an extended price. The extended price shall be carried by the County as an Owner’s Allowance in the final Contract Price and will be paid to the Contractor on a “per occurrence” basis, with any remaining allowance(s) being returned to the County upon completion of the Project. This will apply to all excavations with the only exception being Drilling Activities (i.e. boring, geothermal wells, etc.). In these specific instances the Contractor should assume that rock will be encountered and price the drilling accordingly as part of their Base Bid Cost.

Refer to Specification 312000 for soil classification and responsibility for all unsuitable soils and/or rock encountered above subgrade.

1.4 The County will require the Contractor awarded this Project to use Trimble Unity Construct (Trimble) (formerly e-Builder) Construction Program Management Software. The County will provide licenses for the Contractor’s use and will provide training for the Contractor to ensure proficiency as recommended by Trimble. The license and training will be provided to the

Contractor at no cost and prior to the issuance of Notice to Proceed. Further training due to a lack of proficiency will be the responsibility of the Contractor.

The Trimble Construction Program Management Software will be utilized for all Project management documentation and correspondence, including but not limited to: Request for Information (RFI)’s, submittals, meeting minutes, pay applications, proposed change orders/change orders, close-out documentation, etc. Contact Trimble for further information at https://assetlifecycle.trimble.com/en/learn/support or 1-888-288-5717.

2.0 COMPETITION INTENDED

It is the County's intent that this IFB permits competition. It shall be the Bidder's (i.e.

any entity submitting a bid in response to this IFB) responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Purchasing Agent not later than fifteen (15) days prior to the date set for bids to close.

3.0 PREVAILING WAGE RATES

Remuneration to any individual performing work on the County Construction Contract resulting from this IFB shall be at a rate equal to or greater than to the prevailing wage rate identified in Attachment 4 to this IFB.

3.1 The General Contractor awarded a County Construction Contract as a result of this IFB, and any sub-contractors hired by the General Contractor to perform Work on the County Construction Contract resulting from this IFB, shall pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform Work in connection with the resulting County Construction Contract at or greater than the prevailing wage rate identified in this IFB.

3.2 Any General Contractor or any subcontractor who employs any mechanic, laborer, or worker to perform Work under the County Construction Contract resulting from this IFB, at a rate that is less than the prevailing wage rate identified in this IFB (i) shall be liable to such individuals for the payment of all wages due, plus interest at an annual rate of eight-percent (8%) accruing from the date the wages were due; and (ii) shall be disqualified from bidding on public contracts with any public body until the contractor or subcontractor has made full restitution of the amount described in clause (i) owed to such individuals. A contractor or subcontractor who willfully violates this Section is guilty of a Class I misdemeanor.

3.3 After award of the County Construction Contract, the General Contractor to whom such contract is awarded shall certify under oath to the Commissioner of Labor and Industry the pay scale for each craft or trade employed on the Project to be used by such contractor and any of the contractor’s subcontractors for work to be performed under such public contract. This certification shall, for each craft or trade employed on the Project, specify the https://assetlifecycle.trimble.com/en/learn/support total hourly amount to be paid to employees, including wages and applicable fringe benefits, provide an itemization of the amount paid in wages and each applicable benefit, and list the names and addresses of any third-party fund, plan or program to which benefit payments will be made on behalf of employees. The certification shall be sent to the Commissioner of Labor and Industry each pay period for the duration of the Project.

3.4 The General Contractor awarded a County Construction Contract as a result of this IFB, shall keep, maintain, and preserve (i) records relating to the wages paid to and hours worked by each individual performing the work of any mechanic, laborer, or worker and (ii) a schedule of the occupation or work classification at which each individual performing the work of any mechanic, laborer, or worker on the public works project is employed during each workday and week. The employer shall preserve these records for a minimum of six (6) years and make such records available to the Department of Labor and Industry within ten (10) days of a request and shall certify that records reflect the actual hours worked and the amount paid to its workers for whatever time period they request.

3.5 No later than ten (10) days after the date of the Notice to Proceed, the General Contractor awarded a County Construction Contract as a result of this IFB and subcontractors performing on a County Construction Contract shall post the prevailing wage rate for each craft and classification involved, as determined by the Commissioner of Labor and Industry, including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at any such places as are used by the contractor or subcontractors to pay workers their wages. Within ten (10) days of such posting, a contractor or subcontractor shall certify to the Commissioner of Labor and Industry its compliance with this subsection.

3.6 The General Contractor awarded a County Construction Contract as a result of this IFB shall include the requirement in all subcontracts issued and require the same requirement to be inserted by all lower tier subcontractors in their subcontracts to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform Work in connection with the resulting County Construction Contract at or greater than the prevailing wage rate identified in this IFB.

3.7 Information regarding Prevailing Wage Rates and the Department of Labor and Industry Forms can be found at https://www.doli.virginia.gov/prevailing-wage-law/.

4.0 BIDDER MINIMUM QUALIFICATIONS

Bidders must demonstrate that they have the resources and capability to provide the materials and services as described herein. All Bidders must submit the documentation and information indicated below with their bid. Failure to provide any of the required documentation/information will be cause for bid to be deemed non-responsive and/or non-responsible and rejected.

https://www.doli.virginia.gov/prevailing-wage-law/ https://www.doli.virginia.gov/prevailing-wage-law/

The following criteria shall be met in order to be eligible for this Contract:

4.1 Debarment: By signing the Pricing Page contained in the IFB, Bidders are certifying that Bidder is not currently debarred by any local or state government or the federal government. Bidders shall provide in their bid, documentation related to all debarments that occurred within the last ten (10) years.

4.2 By signing the Pricing Page contained in this IFB, the Contractor certifies that it is not disqualified from bidding for a violation of the Commonwealth of Virginia prevailing wage law.

4.3 Provide evidence of a Contractor certificate of registration, whether resident or nonresident of Commonwealth of Virginia, as required by the following:

• Registered Commonwealth of Virginia Contractor: Class A. Include a copy of the Class A Contractors license in your bid.

4.4 Verification of Bonding Capability. Bidder shall include in their bid a letter from a surety or insurance company (with a Best’s Financial Strength Rating of A or better and Financial Size Category VII or higher by A.M. Best Co.) stating that the Bidder is capable of obtaining a performance and payment bond based on the Bidder’s estimated contract value for the construction of the Project, which bonds will cover the Project and any warranty periods. The letter of surety shall clearly state the rating categorization noted above and reference the estimated contract value as identified herein, in a manner similar to the notation provided below:

“As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial Strength Rating [rating] and Financial Size Category [Size Category] is capable of obtaining 100% Performance Bond and 100% Labor and Materials Payment Bond in the amount of the anticipated cost of construction, and said bonds will cover the Project and any warranty periods as provided for in the Contract Documents on behalf of the Contractor, in the event that such firm be the successful Bidder and enter into a contract for this Project.” This letter shall also state the Bidder’s per project and total bonding program limits and that the Surety is authorized/licensed to do business in the Commonwealth of Virginia.

5.0 SPECIFICATIONS

The work to be performed as a result of this IFB shall be in accordance with the plans and specifications prepared by J2 Engineers, Inc. dated September 9, 2026.

6.0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

The General Conditions of the Construction Contact contained in Attachment 3 to this Invitation for Bid are incorporated into the Contract Documents.

7.0 DISCREPANCIES

Should a Bidder find discrepancies in the plans and/or specifications or be in doubt as to the meaning or intent of any part thereof, the Bidder shall request clarification from the County in writing, not later than the date established in the Instructions to Bidders. Any changes to the IFB that result from such a clarification request, will be communicated through a written addendum and posted on the Procurement home page at www.loudoun.gov/procurement. Failure to request such a clarification is a waiver of any claim by the Bidder for additional expenses because its interpretation was different than the County’s.

8.0 BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE

REQUIREMENT

All firms or individuals located or doing business in Loudoun County are required to be licensed in accordance with the County's "Business, Professional, and Occupational Licensing (BPOL)” Tax Ordinance during the initial term of the Contract or any renewal period.

Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Office of Commissioner of Revenue, telephone (703) 777-0260.

9.0 PAYMENT OF TAXES

All Contractors located or owning property in Loudoun County during the initial term of the Contract or any renewal period shall assure that all real and personal property taxes are paid.

The County will verify payment of all real and personal property taxes by the Contractor prior to the award of any Contract or Contract renewal.

10.0 NOTICE OF REQUIRED DISABILITY LEGISLATION COMPLIANCE

The County is required to comply with state and federal disability legislation: The Rehabilitation Act of 1973 Section 504, The Americans with Disabilities Act (ADA) for 1990 Title II and The Virginians with Disabilities Act of 1990.

Specifically, Loudoun County, may not, through its Contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II of the Americans with Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the Americans with Disabilities Act. The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section 504.

11.0 ETHICS IN PUBLIC CONTRACTING

The provisions contained in §§ 2.2-4367 through 2.2-4377 of the Virginia Public Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be http://www.loudoun.gov/procurement applicable to all Contracts solicited or entered into by the County. A copy of these provisions may be obtained from the Purchasing Agent upon request.

The above-stated provisions supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia State and Local Government Conflict of Interests Act.

12.0 EMPLOYMENT DISCRIMINATION BY CONTRACTORS PROHIBITED

Every Contract of over $10,000 shall include the following provisions:

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

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

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

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient to meet this requirement.

B. The Contractor will include the provisions of the foregoing Sections, 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

13.0 PROHIBITION OF FORCED OR INDENTURED CHILD LABOR

A. During the performance of this Contract, the Contractor certifies and agrees to: (i) the prohibition in use of forced or indentured child labor in the performance of the Contract, and (ii) include the provisions of the foregoing clause in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

B. For the purposes of this Section, "forced or indentured child labor" means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

14.0 DRUG-FREE WORKPLACE

Every Contract of over $10,000 shall include the following provisions:

During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) 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; (iii) state in all solicitations or advertisements for employees placed by or behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) 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 in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

15.0 FAITH-BASED ORGANIZATIONS

The County does not discriminate against faith-based organizations.

16.0 EXEMPTION FROM TAXES

Pursuant to Va. Code § 58.1-609.1, the County is exempt from Virginia State Sales or Use Taxes and Federal Excise Tax, therefore the Contractor shall not charge the County for Virginia State Sales or Use Taxes or Federal Excise Tax on the finished goods or products provided under the Contract. However, this exemption does not apply to the Contractor, and the Contractor shall be responsible for the payment of any sales, use, or excise tax it incurs in providing the goods required by the Contract, including, but not limited to, taxes on materials purchased by a Contractor for incorporation in or use on a construction project. Nothing in this Section shall prohibit the Contractor from including its own sales tax expense in connection with the Contract in its Contract price.

17.0 CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT

BONDS

Within fifteen (15) calendar days after the effective date of the County–Contractor Agreement, the following bonds or security shall be delivered to the County and shall become binding on the parties upon the execution of the Contract:

A. A performance bond satisfactory to the County, executed by a surety company authorized to do business in Virginia with a A.M. Best’s Financial Strength Rating of at least A or better and in a financial size of category VII or higher, or otherwise secured in a manner satisfactory to the County, for the faithful performance of the Contract in strict conformity with the plans, specifications, and conditions of the Contract. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the Contract; and

B. A payment bond satisfactory to the County, executed by a surety company authorized to do business in Virginia with a A.M. Best’s Financial Strength Rating of at least A or better and in a financial size of category VII or higher, or otherwise secured in a manner satisfactory to the County, for the protection of all persons supplying labor and material to the Contractor or its subcontractors for the performance of the work provided for in the Contract.

Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the Contract.

C. The amount of the performance and payment bonds shall increase without the necessity of any action by the County, to the same extent the Contract Price increases due to changes.

D. All sureties providing bonds shall give written notice to the County at least thirty

(30) days prior to the expiration or termination of the bond(s).

E. If at any time, any surety or sureties become insolvent or are determined by the County to be unable to adequately secure the interests of the County, the Contractor shall within thirty (30) days after such notice from County to do so, substitute an acceptable bond(s) in such form and sum and signed by such other sureties as may be satisfactory to County. The premium on such bond(s) shall be paid by the Contractor at no additional cost to the County provided reasonable justification can be provided by the County for its determination.

F. The Contractor shall not be precluded from requiring each subcontractor to furnish a payment bond with surety thereon in an amount equal to one hundred percent (100%) of the Contract with such subcontractor.

G. The successful Bidder’s failure to furnish to the County acceptable bonds, within fifteen (15) days after the effective date of the County – Contractor Agreement shall be considered just cause for cancellation of the award and forfeiture of the construction contract bid security. In such event, the proposal guaranty shall become the property of the County, not as a penalty but in liquidation of damages sustained.

18.0 CONSTRUCTION CONTRACT BOND FORMS AND COPIES;

ALTERNATIVE FORMS

In lieu of a payment or performance bond, the Contractor may furnish a certified check or cash escrow in the face amount required for the bond. If approved by the County Attorney, a Contractor may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the payment or performance bond. Approval shall be granted only upon the determination that the alternative form of security proffered affords the same protection to the County equivalent to the corporate surety bond.

19.0 CONSTRUCTION CONTRACT RETAINAGES

The Contractor shall be paid ninety-five percent (95%) of the earned sum when payment is due, with no more than five percent (5%) being retained to assure faithful performance of the Contract. All amounts withheld may be included in the final payment. Any subcontract which provides for similar progress payments shall be subject to the same limitations.

20.0 AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, limited partnership, or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described herein that enters into a Contract with the County pursuant to the Virginia Public Procurement Act, Sections 2.2-4300 et seq. shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract. The County may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this Section.

21.0 INSTRUCTIONS TO BIDDERS

21.1 Preparation and Submission of Bids

A. Before submitting a bid, read the ENTIRE solicitation including the Contract Terms and Conditions. Failure to read any part of this solicitation will not relieve a Bidder of the Contractual obligations.

B. Pricing must be submitted on IFB Pricing Form only. Include other information, as required.

C. All bids shall be signed by an individual authorized to bind the firm, such as the owner or a principal.

D. All attachments to the IFB requiring execution by the Bidder are to be returned with the bids.

E. Bidders may submit either a physical (hard copy) response or an online electronic response to this solicitation as provided in the instructions below. If the County receives both an online electronic submission and a physical (hard copy) submission for the same solicitation, then the online electronic bid shall take precedence over the physical (hard copy) submission, unless the Bidder specifically states otherwise in their response.

F. Instructions for Submitting a Physical (Hard Copy) Bids

1. All physical (hard copy) bids must be submitted to the Division of

Procurement in a sealed container. The face of the sealed container shall indicate the IFB number, time and date of opening, the title of the IFB, the name of the firm, and the firm’s complete return address.

2. Physical (Hard Copy) bids may be submitted via one of the following options:

US Mail to:

County of Loudoun, Virginia Division of Procurement PO Box 7000 Leesburg, Virginia 20177-7000.

OR

Hand delivered to:

County of Loudoun, Virginia Division of Procurement 1 Harrison Street, S.E., 1st Floor Procurement Bids and Proposals Drop Box Leesburg, Virginia 20175

OR

Private carrier (UPS/FedEx) to:

Loudoun County Procurement 1 Harrison Street, S.E., ATTN: PROCUREMENT BIDS AND PROPOSALS

Leesburg, Virginia 20175 Please note: Bidders choosing to submit bids via US Mail or UPS/FedEx should allow at least an additional twenty-four (24) hours in the delivery process to ensure bids are received on time.

Overnight delivery does not guarantee that the bid will be delivered to the appropriate location prior to the Acceptance Date and Time.

3. Failure by a Bidder to address and label their submission in accordance with the requirements of this Section may result in submission being delivered to an incorrect location which will ultimately result in rejection for late submission.

4. Each firm shall submit one (1) original physical hard copy and one (1) electronic copy (in PDF format), along with the pricing in Excel format, on a USB flash drive. All materials shall be delivered to the County's Division of Procurement as indicated on the cover sheet of this IFB.

G. Instructions for Submitting Online Electronic Bids

1. Electronic submissions may be submitted through the County’s iSupplier system. Bidders can access iSupplier by clicking here:

https://ebsprdext.loudoun.gov/OA_HTML/AppsLocalLogin.jsp.

Faxed and/or e-mailed bids will not be accepted.

2. Registration and access to iSupplier is free. iSupplier registration is MANDATORY to submit an online electronic response. To learn more and register, please visit https://www.loudoun.gov/926/BiddersSuppliers-Registration.

iSupplier account set-up, approval, and/or updates may take up to five (5) business days. Bidders should confirm their ability to access and use iSupplier well in advance of the solicitation Acceptance Date and Time to allow sufficient time to request technical support, if needed.

3. Bidders must acknowledge and accept the County’s Online Submission Terms and Conditions prior to submitting an online response.

4. Guides for registration and submitting an online electronic bid using iSupplier are available on the County’s website at https://www.loudoun.gov/926/BiddersSuppliers-Registration .

These guides provide detailed instructions for online electronic bid submission.

a. iSupplier Registration: Loudoun iSupplier Guide.

b. Instructions for submitting online electronic bids: iSupplier

Guide for Suppliers – Sourcing (Solicitations/Bid Opportunities).

c. Frequently Asked Questions.

5. The file(s) attached to the online electronic bid must be in PDF format unless otherwise stated. Encrypted or password protected files are prohibited. Bidders assume all risks and are solely responsible for ensuring the County is able to access, open, and download file(s) attached to their bid. Electronic links to bids are prohibited. If the County is unable to access or open any file(s) associated with the online electronic submission, the County will consider those file(s) as not submitted. Bidders are cautioned to ensure that the files attached to bid are complete.

Bid submission forms must be completed legibly and in their entirety; and all required supplemental information, including addenda, must be furnished and presented in an organized, comprehensive, and easy to follow manner.

6. An online electronic bid is not considered successfully submitted unless all necessary files have been uploaded and the online https://ebsprdext.loudoun.gov/OA_HTML/AppsLocalLogin.jsp https://www.loudoun.gov/926/BiddersSuppliers-Registration https://www.loudoun.gov/926/BiddersSuppliers-Registration electronic bid response status is “Active”. An iSupplier system generated e-mail confirmation receipt with a unique confirmation number will be provided once submission is complete. Bidders are responsible for the consequences of any failure to plan ahead in the submission of its bid. Incomplete online electronic responses in “Draft” status will not be accepted.

7. For technical assistance, please contact the Division of Procurement at (703) 777-0403 or via email at suppliers@loudoun.gov. Please note that County staff will not be able to view your draft online submission and will only be able to provide general assistance related to system use and access.

8. Online electronic bids are sealed and cannot be opened until the Acceptance Date and Time specified.

9. Bidders may withdraw their online electronic bid submission prior to the Acceptance Date and Time. A new online electronic bid may be submitted to facilitate changes up through the Acceptance Date and Time specified.

H. Bids must be received by the Division of Procurement prior to 4:00 p.m., Eastern Time on the date specified on the cover of the IFB. Time can be verified by visiting https://www.time.gov. Requests for extensions of this time and date will not be granted, unless deemed to be in the County's best interest. Bidders mailing their bids shall allow for sufficient mail time to ensure receipt of their bids by the Division of Procurement by the time and date fixed for acceptance of the bids. Bids or unsolicited amendments to bids received by the County after the Acceptance Date and Time will not be considered. Bids will be publicly accepted and logged in at the time and date specified above.

J. A public bid opening will be held virtually using Microsoft Teams at approximately 4:15 P.M. on the Acceptance Date. See the Microsoft Teams log in information provided below. To participate in the audio portion of the opening, please dial the number provided below and follow the prompts as designated. You may also witness the announcement of the received bids, as they are opened using Microsoft Teams with the instructions provided below. Bidders may not participate in the bid opening in-person at this time.

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/228674361726597?p=xB3nA aLuKqTqKoyGQe Meeting ID: 228 674 361 726 597 Passcode: Cx2EJ3FR mailto:procurement@loudoun.gov https://www.time.gov/ https://teams.microsoft.com/meet/228674361726597?p=xB3nAaLuKqTqKoyGQe https://teams.microsoft.com/meet/228674361726597?p=xB3nAaLuKqTqKoyGQe

Dial in by phone +1 757-600-4923 Phone conference ID: 489 713 009#

21.2 Questions and Inquiries

Questions and inquiries will be accepted in writing (email) only, from any and all Bidders. The Division of Procurement is the sole point of contact for this solicitation unless otherwise instructed herein. Unauthorized contact with other Loudoun County staff regarding the IFB may result in the disqualification of the Bidder. Inquiries pertaining to the Invitation for Bid must give the IFB number, time and date of opening, and the title of the IFB. Material questions will be answered in writing with an Addendum provided, however, that all questions are received by 4:00 p.m. on October 15, 2026. It is the responsibility of all Bidders to ensure that they have received all Addendums and to include signed copies with their bid. Addendums can be downloaded from www.loudoun.gov/procurement.

A. Changes to this solicitation that do not affect the scope, price, timing, or requirements are considered informal changes still requiring issuance of an Addendum, but the County may waive failure to include with proposal submission as an informality.

B. Material Changes that affect the scope, quality, quantity, price, timing, or other requirements will require submission of Addendum with proposal submission and may not be waived as an informality by the County.

21.3 Prevailing Wage Rate Request for Additional Classifications Bidders’ requests for additional Prevailing Wage Rate classifications shall be submitted to the Contracting Officer not later than fifteen (15) days after the Issue Date of this IFB on the Virginia Department of Labor and Industry, Request for Additional Wage Classification Form. The form can be found on the Virginia Department of Labor and Industry website, under Labor Law/Prevailing Wage Law or at https://doli.virginia.gov/prevailing-wage-law/.

Bidder shall complete and sign the form, and provide sufficient supporting documentation to allow the Virginia Department of Labor and Industry to render a decision. Any requests for additional information from the Virginia Department of Labor and Industry shall be provided to the Contracting Officer within seventy-two (72) hours of receipt. Requests for additional Prevailing Wage Rate classifications received after fifteen (15) days from the Issue date of this IFB will not be responded to.

21.4 Exceptions/Additions

No exceptions or additions to the Specifications/Scope of Work or Terms and Conditions shall be permitted. Any questions or concerns regarding any part of the IFB shall be submitted to the Division of Procurement prior to the date specified in the Questions and Inquiries section above. Bids containing any tel:+17576004923,,489713009 https://doli.virginia.gov/prevailing-wage-law/ exceptions to the Specifications/Scope of Work or Terms and Conditions or submitting additional terms and conditions shall be deemed non-responsive and rejected. Exceptions or additions proposed after bid submission by the successful Bidder shall not be accepted.

21.5 Inspection of Site

All Bidders are encouraged to make an on-site inspection of the location where the work will be performed to become completely familiar with the existing conditions. Failure to comply with this requirement will not relieve the successful Bidder of its obligation to carry out the scope of the resulting Contract.

21.6 Firm Pricing for County Acceptance

Bid price must be firm for County acceptance for a minimum of one hundred and twenty (120) days from bid opening date.

21.7 Proprietary Information

The submission of trade secrets or proprietary information with a bid is strongly discouraged. If such information must be submitted by a Bidder in connection with this solicitation, the Bidder must invoke the specific exclusion or exemption that applies and the protection pursuant to § 2.2-4342 of the Code of Virginia for it to be exempt from disclosure under the Virginia Freedom of Information Act, Virginia Code §§ 2.2-3700, et seq., as applicable. Bidders must clearly identify the data or other materials to be protected and state the reasons why protection is necessary prior to or upon submission. Bidders shall not mark sections of their bid as “proprietary” if they are to be part of the award of the Contract and are of a "Material" nature. A Bidder shall not designate as trade secrets or proprietary information: (a) an entire bid; (b) any portion of a bid that does not contain trade secrets or proprietary information; (c) line-item prices or total bid prices, or (d) any information that is readily ascertainable by proper means.

Failure to identify proprietary and confidential information in accordance with § 2.2-4342.F of the Code of Virginia may result in the disclosure of information pursuant to a Freedom of Information Act request. Additionally, the County will not notify the Bidder of any request for disclosure of their bid pursuant to a Freedom of Information Act request. Further, the County assumes no liability for the disclosure or use of information contained in a bid if not appropriately marked in accordance with § 2.2-4342.

21.8 Authority to Bind Firm in Contract

Bids MUST give full firm name and address of Bidder. Failure to manually sign bid may disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on bid in the space provided on the pricing page. Those authorized to sign are as follows:

If a sole proprietorship, the owner may sign.

https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4342/ https://law.lis.virginia.gov/vacode/title2.2/chapter37/ https://law.lis.virginia.gov/vacode/title2.2/chapter37/ https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4342/

If a general partnership, any general partner may sign.

If a limited partnership, a general partner must sign.

If a limited liability company, a “member” may sign or “manager” must sign if so specified by the articles of organization.

If a regular corporation, the CEO, President or Vice-President must sign.

Others may be granted authority to sign but the County requires that a corporate document authorizing him/her to sign be submitted with bid.

21.9 Withdrawal of Construction Contract Bid Due to Error

A Bidder for a construction Contract may withdraw its 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 unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn. The Bidder shall give notice in writing of its claim of right to withdraw its bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

21.10 Subcontractors

Please refer to Article 5: Subcontractors, of the County of Loudoun General

Conditions of the Construction Contract, Attachment 3.

21.11 Late Bids

LATE bids will not be accepted and will be returned to Bidder UNOPENED.

21.12 Rights of County

The County reserves the right to reject all or any part of any bid, waive informalities, and award the contract to the lowest responsive and responsible Bidder to best serve the interest of the County. Informality shall mean a minor defect or variation of a bid from the exact requirements of the Invitation to Bid which does not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

21.13 Prohibition as Subcontractors Under Competitive Sealed Bidding 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.

21.14 Vendor Preference in Tie Bids

The Division of Procurement and all other departments of the County making purchases of goods, services, and construction shall give preference to goods, services, and construction sold by Loudoun County and the Commonwealth of Virginia vendors, in that order, in all cases of tie bids, quality and service being equal.

21.15 Anti-Trust Violations

Tie bids may cause rejection of bids by the Division of Procurement and/or prompt an investigation for anti-trust violations.

21.16 Basis for Award

Contract award will be made to the lowest responsive and responsible Bidder based upon the lump sum.

Whenever the lowest responsive and responsible Bidder is a resident of a state other than Virginia and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible Bidder who is a resident of Virginia and is the next lowest Bidder. If the lowest Bidder is a resident contractor of a state with an absolute preference, the bid preference shall not be considered.

21.17 Negotiation with the Lowest Responsible Bidder

Unless all bids are cancelled or rejected, the County reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible Bidder to obtain a Contract price within the funds available whenever such low bid exceeds the available funds. Negotiations with the low Bidder may include both modifications of the bid price and the specifications/scope of work to be performed.

21.18 Notice of Award

A Notice of Award will be posted on the County's website (www.loudoun.gov/procurement).

21.19 Protest

Bidders may refer to §§ 2.2-4357 through 2.2-4364 of the Code of Virginia to determine their remedies concerning this competitive process. Protests shall be submitted to the Director, Department of Finance and Procurement.

21.20 Construction Contract Bid Security

Bid security is required for this Project. Bid security shall be a bond provided by a surety company selected by the Bidder and authorized to do business in Virginia, or the equivalent in cash, or otherwise supplied in a form satisfactory to the County. Bid security shall be in an amount equal to at least five percent (5%) of the amount of the bid. Non-compliance with this provision requires that the bid be rejected unless it is determined that the bid fails to comply in a non-substantial manner with the security requirements.

The apparent low Bidder’s Contract Bid Security shall be subject to forfeiture if the apparent low Bidder withdraws his bid prior to award or fails to sign and return the County–Contractor Agreement. The Contract Bid Security shall be forfeited according to the forfeiture provisions in Code of Virginia (§ 2.2-4336) and the proposal guaranty.

21.21 Construction Contract Bond Forms and Copies; Alternative Forms In lieu of a bid, payment or performance bond, a Bidder may furnish a certified check or cash escrow in the face amount required for the bond. If approved by the County Attorney, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond.

Approval shall be granted only upon the determination that the alternative form of security proffered affords the same protection to the County equivalent to the corporate surety bond.

21.22 Debarment

By submitting a bid, the Bidder is certifying that Bidder is not currently debarred…