846538snowHenr.pdf

Version 4.13.26

IFB No. 26-3006-9JLG

September 30, 2026

Invitation for Bid (“IFB”)

Annual Contract for Snow Removal, Deicing, and Post

Storm Sweeping Services – Zones 2 and 4

Your firm is invited to submit a bid to provide Snow Removal, Deicing, and Post Storm Sweeping

Services in accordance with the enclosed Scope of Work/Services, Bid Response Requirements, General

Contract Terms and Conditions, and, if applicable, Special Contract Provisions.

Your firm’s bid submission must be received no later than October 21, 2026 at 10:00AM, local prevailing time, by submission through the Commonwealth of Virginia’s electronic procurement platform eVA. A public bid opening will be conducted through a Microsoft Teams meeting upon the closing of the bid period. Bidders interested in participating in the bid opening shall send a request to be added to the meeting invitation to Jonathan Gist via email at gis002@henrico.gov. The Microsoft Teams meeting will be made available for joining five minutes prior to the public bid opening.

Time is of the essence, and any bidder that attempts to submit a bid after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time.

The time of receipt shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition. On the contrary, all responsible Bidders are encouraged to bid and their bid is solicited.

Comments as to how bid documents, specifications or drawings can be improved are welcome.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing

Director.

This IFB and any addenda are available on the County of Henrico website at:

http://henrico.gov/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this IFB, please contact Jonathan Gist at gis002@henrico.gov by no later than October 13, 2026.

Very truly yours, Jonathan Gist

Procurement Analyst I about:blank http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/

TABLE OF CONTENTS

I. Introduction

A. Purpose

B. Background

II. Scope of Work/Services

A. Technical Specifications

B. General Requirements

C. Delivery Requirements

D. Invoicing Requirements

III. County Responsibilities

IV. General Bid Submission Information and Instructions

A. Addenda

B. Bidder’s Representation

C. Clarifications, Comments and Questions

D. Collusion

E. Ethics in Public Contracting

F. eVA Submission

G. Inspection of Records

H. Modification of Bids

I. Nondiscrimination of Bidder

J. Submission of Bids

K. Trade Secrets/Proprietary Information

L. Use of Brand Names

M. Withdrawal of Bid Due to Error (Other than Construction)

V. Bid Response Requirements

A. Bid Documents to be Submitted

B. Certification

C. Henrico County Business License

VI. Bid Evaluation / Selection Process

A. Contract Award

B. Exceptions

C. Informality

D. Negotiation with the Lowest Bidder

E. Product Evaluation/Testing

F. Qualifications

G. Responsible Bidder Certification

H. Tie Bid

VII. General Contract Terms and Conditions

A. Annual Appropriations

B. Antitrust

C. Artificial Intelligence Systems Clause

D. Assignment of Contract

E. Authorization to Transact Business in the Commonwealth

F. Award of the Contract

G. Changes to the Contract

H. Compensation

I. Controlling Law and Venue

J. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

K. Employment Discrimination by Contractor Prohibited

L. Employment of Unauthorized Aliens Prohibited

M. Environmental Management

N. Insurance Requirements

O. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and

Employment Services Organizations

P. No Discrimination against Faith-Based Organizations

Q. Occupational Safety & Health Policy Statement

R. Ownership of Deliverable and Related Products

S. Payment Clauses Required by Va. Code §2.2-4354

T. Record Retention and Audits

U. Safety

V. Severability

W. Subcontracts

X. Successful Bidder’s Performance

Y. Taxes

Z. Termination by County

AA. Use of Forced and Child Labor Prohibited (VA Code § 2.2-4311.4)

VIII. Special Contract Provisions

A. Contract Period

B. Continuity of Services

C. Cooperative Procurement

D. Federally Imposed Tariffs

E. Indemnification

F. Non-Exclusive Contract

G. Goods and/or Services Contract Format

H. Period of Performance of Purchase Orders

I. Safety Data Sheet (SDS)

J. Virginia Contractor’s License

K. Warranty

IX. Attachments

ATTACHMENT A – Bid Signature Sheet

ATTACHMENT B – Bid Form

ATTACHMENT H – Business Category Classification Form

ATTACHMENT I – Virginia State Corporation Commission Registration Information

ATTACHMENT J – Bidder’s Reference Sheet

ATTACHMENT K – Responsible Bidder Certification

ATTACHMENT L – County of Henrico Insurance Specifications

ATTACHMENT M – Sample Contract

I. Introduction

A. Purpose

The intent and purpose of this IFB, is to establish an annual contract with a qualified supplier to furnish and provide inside delivery of snow removal, deicing, and post storm sweeping services to the County of Henrico, Virginia (the “County”) General Services and in accordance with the Scope of Work/Services section of the solicitation.

B. Background

Snow piled on the surface of the parking lots, sidewalks, walkways, handicap ramps and steps could melt and re-freeze, creating a hazard, therefore the snow must be completely removed which may require lifting snow over curbs. In the interest of public safety, snow must be removed from parking lots, sidewalks, walkways, handicap ramps and steps.

Below demonstrates the historical purchase of snow removal, deicing, and post storm sweeping services for the last two fiscal years. This information is provided for informational purposes only with no guarantee to purchase a specific amount on the resultant contract from this solicitation.

Fiscal Year 2024-2025 2025-2026

Approximate Amount Spent: $927,034.09 $1,657,780.50

II. Scope of Work/Services

The Successful Bidder shall provide all labor, supervision, material, equipment, etc., as required, to successfully provide snow removal, deicing, and post storm sweeping services.

A. Technical Specifications

1. The Successful Bidder shall provide all tools, materials, labor, equipment, and supervision necessary to perform snow removal, deicing, and post storm sweeping services as requested by the County and outlined in the Scope of Work/Services. The materials shall include salt, sand and non-corrosive ice melt.

2. In the interest of public safety, snow must be removed from parking lots, sidewalks, walkways, handicap ramps and steps and placed on a designated grassy area as directed by the Facilities

Manager or his/her duly authorized representative. Snow piled on the surface of the parking lots, sidewalks, walkways, handicap ramps and steps could melt and re-freeze creating a hazard, therefore the snow must be completely removed which may require lifting snow over curbs. In the event that snow relocation is necessary, the County shall provide an alternate area for the snow relocation.

3. Successful Bidder under this agreement shall provide the name and telephone number of the contact person for each vehicle and for each shift for that vehicle to the Facilities Manager or his/her duly authorized representative. This information may be updated at the beginning of each winter storm event.

4. Some equipment will require a Commercial Driver’s License (CDL) with the proper endorsements as required by the Department of Motor Vehicles. The Successful Bidder must be able provide proof of license upon request.

5. All items necessary for continuing operation of the private vehicle are the responsibility of the Successful Bidder. These responsibilities include but are not limited to providing a driver, fuel, oil, necessary lights, and maintenance to the vehicle.

6. It is the intent of the County to conduct pre-event planning meetings prior to each predicted winter storm event to discuss strategy and service level expectations. All Successful

Bidders and approved sub-contractors shall be required to participate in these meetings.

Every effort will be made to conduct these meetings with enough advance notice to allow the Successful Bidders and approved sub-contractors to be properly prepared to respond as require.

7. The Successful Bidder shall provide sufficient equipment and crew to perform mechanical and/or non-mechanical (manual) post storm sweeping services that may be requested by the

Facilities Manager or his/her authorized representative and agreed upon by the Successful

Bidder. Performance of services shall not interfere with the normal operations of the facility.

8. Post storm sweeping services shall include but not limited to sweeping, collection, and disposal of trash and/or debris from parking areas/lots surfaces, driveways, sidewalks, walkways, handicap ramps, steps, docks/truck wells, concrete medians including the top surface, gore areas, curbs, median barrier walls or other raised structures.

9. The Successful Bidder’s mechanical sweeping equipment shall be equipped with broom type, vacuum-type or regenerative air vacuum type devices to visually sweep, vacuum, contain and transport accumulated trash and/or debris from the location.

10. The Successful Bidder shall perform non-mechanical (manual) sweeping services that may require to move debris from areas such as, but not limited to sidewalks, walkways, handicap ramps, steps, concrete medians or other raised structures where mechanical equipment cannot reach.

11. All areas shall be swept and cleared of trash and/or debris so that no waste material remains on the surfaces and/or gutters. NO WASTE MATERIAL IS PERMITTED TO BE

DEPOSITED IN THE DRAINAGE STRUCTURES.

12. LOCATIONS:

a. The County has divided the areas into five (5) zones. This solicitation is for zones 2 and 4 and includes the following locations:

i. Zone 2 - West II: See Attachments E and F

Animal Shelter (24HR) -10301 Woodman Road, Glen Allen, VA 23060

Fire Training/Fire Drill - 10301 Woodman Road, Glen Allen, VA 23060

Mental Health (24HR) - 10299 Woodman Road Glen Allen, VA 23060

Woodman Road Fuel Site – 10403 Woodman Road, Glen Allen, VA 23060

Henrico Sports and Events Center – 1 Allstar Boulevard, Glen Allen, VA

23059

Recreation & Parks Main Office - 6800 Staples Mill Road, Henrico, VA 23228

Police Central Station (24HR) - 7850 Villa Park Drive, Henrico, VA 23228

(24HR areas: Entrance/exit roads, around rear of building, and the side entrance to include three parking spaces in front of the side entrance)

ii. Zone 4 - East I: See Attachment G

Dabbs House - 3812 Nine Mile Road Richmond, VA 23223

*East Gas Island (24HR) - 3812 Nine Mile Road, Richmond, VA 23223

(Entrance/exit road from Nine Mile Road to Gas Island as highlighted in red on map on page 49)

Eastern Government Center - 3820 Nine Mile Road, Henrico, VA 23223

Eastern Henrico Ruritan Club - 3812 Nine Mile Road, Henrico, VA 23223

Glen Echo Building - 3810 Nine Mile Road Richmond, VA 23223

Police Tactical Building - 408 Dabbs House Road Richmond, VA 23223

East Health Clinic - 1400 North Laburnum Avenue, Henrico, VA

Police South Station(24HR) - 640 North Airport Drive. Highland Springs, VA

23075

*Mental Health and Development Services – East Center (24HR) - 3908

Nine Mile Road, Henrico, VA 23223

*(24HR areas: Entrance/exit road, front and right side of building)

B. General Requirements

1. The Successful Bidder shall be responsible for complying with all applicable federal, state, and local laws, ordinances, and regulations including but not limited to, Virginia

Department of Transportation (VDOT), Office of Safety and Health Administration

(OSHA), Virginia Occupational Safety and Health (VOSH), The Environmental Protection

Agency (EPA), Department of Environmental Quality (DEQ), Henrico County’s MS4 permit requirements (https://henrico.us/works/engineering-environmental-services/2015-ms4-permit-and-ms4-program-plan/), and Henrico County Environmental Policy Statement

(https://henrico.us/pdfs/hr/risk/env_policy.pdf).

2. The Successful Bidder shall be responsible for providing qualified personnel who have been trained to operate snow removal equipment safely and effectively.

3. The Successful Bidder shall be responsible for the cleanup of spills or leaks (including fuel, hydraulic, oil, etc.) at the Successful Bidder’s expense to the satisfaction of the County incidental to operating equipment on the County’s property. In the event of a spill or leak, the Successful Bidder shall be responsible for thorough and prompt clean-up of all spillage per EPA specifications.

4. No portion of this contract shall be subcontracted without the prior written consent of the

Facilities Manager.

C. Delivery Requirements

1. Response Times:

a. Due to uncertainty and timing of snow fall and ice formation, calls to mount operations may be required at any time: day or night, and/or holidays. Likewise, calls to suspend or cancel operations due to changing circumstances may occur at any time. The

Successful Bidder’s equipment and personnel are to be available at all times and on a

24-hour basis. Normal County hours of operation are: 8:00 a.m. to 4:30 p.m., however; it is the responsibility of the Successful Bidder to stay informed of delays and perform accordingly. Mental Health and Development Services – East Center hours of operation are: Sunday thru Saturday, 7:00 a.m. to 9:00 p.m.

b. Equipment and operators shall arrive to the specified location in sufficient time to meet the requirements for maximum allowable accumulation as stated below. Billable time https://henrico.us/works/engineering-environmental-services/2015-ms4-permit-and-ms4-program-plan/ https://henrico.us/works/engineering-environmental-services/2015-ms4-permit-and-ms4-program-plan/ https://henrico.us/pdfs/hr/risk/env_policy.pdf shall begin when equipment and operator have arrived at the location and are placed into service. Initial travel from the Successful Bidder’s base of operations and to and from the service location (i.e. mobilization charges) are not considered to be billable time.

c. The Successful Bidder shall respond to snowfall according to the following requirements:

i. Parking Lots: All surface parking lots are to be plowed and treated with ice melting products spread at manufacturer recommended rates. Parking lots are not allowed to exceed a maximum of 1” accumulation no later than two hours prior to opening and during business hours for the duration of the weather event.

After hours service may be required at select locations and pricing will be determined based on the hourly rate schedule.

ii. Sidewalks and Walkways: All sidewalks and walkways are to be hand shoveled or power swept and treated with ice melting products spread at manufacturer recommended rates to maintain safe passageways no later than two hours prior to opening. Sidewalks and walkways are to be kept clear at all times during business hours for the duration of the weather event. After hours service may be required at select locations and pricing will be determined based on the hourly rate schedule.

iii. Handicap Ramps and Steps: Handicap ramps and steps are to be hand shoveled or power swept and treated with ice melting products spread at manufacturer recommended rates to maintain safe passageways no later than two hours prior to opening. Handicap ramps and steps are to be kept clear at all times during business hours for the duration of the weather event. After hours service may be required at select locations and pricing will be determined based on the hourly rate schedule.

d. 24 Hour Locations

i. Sidewalks, Walkways, Handicap Ramps, and Steps: Hand shoveled or power swept and keep clear with ice melting products spread at manufacturer recommended rates for the duration of the weather event.

ii. Parking Lots: Plow and keep clear with ice melting products spread at manufacturer recommended rates. Not allowed to exceed 1” maximum allowable accumulation during the weather event.

2. Equipment:

a. The Successful Bidder equipment shall be of adequate size, capacity, properly equipped, and suitable at all times for the performance of snow removal, deicing, and post storm sweeping services in a quick and safe manner.

b. The Successful Bidder equipment, at a minimum, shall include but not limited to:

i. ¾ - 3-ton capacity Plow/Pickup Trucks, Four Wheel Drive with minimum 2 cu.

yard material spreader. Plow/Pickup Trucks must be equipped with compatible adjustable snow plows for different cutting widths, adjustable caster assemblies, wear shoes, and calibration devices or volume controls on spreaders set to the manufacturer’s specifications. Plows must be mechanically raised, lowered and capable of articulating. Steel or rubber snow cutting edges are required to plow.

ii. Skid Steer Loader, Small Wheel Loader or Bobcat

iii. Rubber Tire Front End Loader or Motor Grader

c. The Successful Bidder equipment must be equipped with flashing amber lights or emergency strobe lights for increased safety awareness and visibility. All trucks and equipment must be clearly marked with the Successful Bidder’s company name.

d. Communications between all drivers and their designated point of contact must be available at all times by two-way radio or cellular phone. Communications between the

Successful Bidder and General Services Management must be available at all times by cellular phone or land line.

e. Bidder shall provide with their bid submission a list of proposed equipment and hourly rates that will be dedicated in the performance of this Contract for review and approval by the County. Failure to provide these lists may cause your bid to be declared non-responsive. (see Attachment C)

f. The County reserves the right to inspect and approve all equipment at various intervals during the term of a resulting contract. Failures to promptly correct deficiencies of required equipment shall be considered just cause for termination of the contract.

g. The Successful Bidder shall NOT store equipment on County’s property.

3. Materials/Products:

a. The Successful Bidder shall be responsible to provide sand/salt/ice melt as needed based on the weather conditions of each storm. Successful Bidder shall not utilize County material at the salt dome, or ice melt stored at County locations.

b. The Successful Bidder shall utilize ice melt product with Calcium Chloride contents of

90% or greater on sidewalks, walkways, handicap ramps, and steps; and Sodium

Chloride (Rock Salt) on parking lots and roadways. Bidders shall provide with their bid submission, Safety Data Sheets (SDS) for ice melt products to be used in the performance of this contract. The Successful Bidder shall be responsible for notifying and obtain approval from the County’s authorized representative for any update to their ice melt products prior to use in the performance of this contract.

c. The Successful Bidder shall not apply any deicing agent containing urea or other forms of nitrogen or phosphorus to parking lots, roadways, and sidewalks or other paved surfaces as directed by EPA requirement.

d. The Facilities Manager or his/her duly authorized representative shall have the privilege of accepting or rejecting any material or product offered for consideration.

e. The Successful Bidder shall not store any materials/products on County’s property without prior approval from Department of General Services authorized representative. NOTE: The County WILL NOT be responsible for Successful

Bidder’s materials/products while on County property.

4. Failure to response to County request for communication, meet response time requirement, and meet performance criteria shall be grounds for termination of contract.

5. Successful Bidder’s Performance:

a. All work performed by the Successful Bidder shall be done in a workmanlike manner and satisfactory to the Facilities Manager or his/her duly authorized representative.

b. The Successful Bidder shall provide a Job Manager/Supervisor to oversee the working crews and shall be present through the completion of the winter storm event. This Job

Manager/Supervisor shall carry a cell phone at all time, so he/she can be contacted by the County. The Job Manager/Supervisor shall be responsible to the Facilities Manager or his/her duly authorized representative for the satisfactory performance of all snow removal, ice melting, and/or sanding services under the Contract.

c. Upon reporting of missed and/or unsatisfactory performance by the Facilities Manager or their duly authorized representative, the Successful Bidder shall immediately initiate corrective action. In the event, the Successful Bidder cannot be reached, has not responded, or have not initiated corrective action for the missed and/or unsatisfactory performance, the County has the right to immediately complete the work to its satisfaction, through use of County employees at a rate listed on the bid form, or through use of outside contractors at the rate charged to the County. Such cost shall be deducted from any balances due or which may become due to the Successful Bidder.

6. Successful Bidder Personnel:

a. The Successful Bidder shall provide sufficient qualified personnel to perform the duties described in the Scope of Work/Services.

b. The Successful Bidder personnel and vehicles shall be easily identifiable with company’s name and logo while on County property. The Successful Bidder agrees that all personnel shall wear proper, safety clothing and footwear in accordance with OSHA and VDOT regulations while performing the duties of the contract.

c. All personnel of the Successful Bidder shall conduct themselves in a professional manner. The Successful Bidder shall be responsible at all times for the actions and work of its personnel who shall observe and comply with all regulations of the County; failure to observe such regulations will be grounds for removal from County property.

d. The Successful Bidder and their personnel shall comply with the following requests while working in the County of Henrico property:

i. The Successful Bidder shall instruct their personnel that no gratuities shall be solicited or accepted for any reason whatsoever from County of Henrico personnel or other persons using the premises.

ii. Use, consumption, and/or possession of any controlled substance, substances considered to be illegal, and alcohol are strictly prohibited on County property.

The Successful Bidder personnel and their vehicles are subject to search by

Police during routine County-wide searches. “County property” includes land, buildings, facilities, parking lots, playgrounds, recreational areas and vehicles owned or rented by County of Henrico.

iii. Use or possession of weapons, firearms, or archery equipment of any types, including those intended for hunting, are strictly prohibited on County property.

Construction workers and their vehicles are subject to search by Police during routine County-wide searches. “County property” includes land, buildings, facilities, parking lots, playgrounds, recreational areas and vehicles owned or rented by County of Henrico.

iv. Use of vulgar, suggestive, or abusive language and/or gestures is strictly prohibited on County property. “County property” includes land, buildings, facilities, parking lots, playgrounds, recreational areas and vehicles owned or rented by County of Henrico.

v. Use of radios, stereos, compact disc players, and/or other noise producing equipment shall be deemed unacceptable if they are disruptive to the work environment.

e. The Facilities Manager or his/her duly authorized representative reserves the right to reject or have removed any of the Successful Bidder’s personnel, if the Facilities

Manager or his/her duly authorized representative deems that individual to be unfit to work in any part or all capacities. Any such request shall be made only to the Successful

Bidder or his/her supervisory personnel.

f. Bidder must submit on the Bid Form, a list of positions by zones and hourly rates, for the performance of this Contract. Failure to provide these lists may cause your bid to be declared non-responsive.

7. Damages:

The Successful Bidder shall be responsible for any damages incurred to County property by

Successful Bidder or their employees during the term of this contract. The Successful Bidder shall repair at their own cost any damages to curbs, pavement or sidewalks.

D. Invoicing Requirements

1. The Successful Bidder shall submit a complete, itemized invoice (See Attachment D) which shall include a list of all equipment with name of operator, name of personnel showing number of hours worked, unit price for each, contract number, purchase order number as provided by the County, and invoice date.

2. Invoices should be sent to the following Billing Address:

Email invoices to: GSFinancial@henrico.gov

Billing Address:

County of Henrico

General Services Finance Division

P.O. Box 90775

Henrico, VA 23273-0775

III. County Responsibilities

The County will designate an individual to act as the County’s representative with respect to the good provided or work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

mailto:GSFinancial@henrico.gov

IV. General Bid Submission Information and Instructions

A. Addenda

1. Any changes to the bid general terms, conditions, specifications or drawings shall be in the form of a written addendum from the Purchasing Division and it shall be signed by the

Director of Purchasing, Department of Finance or a duly authorized representative.

2. An addendum shall be issued no later than six (6) calendar days prior to the date set for the receipt of bids. An addendum extending the date for the receipt of bids or an addendum withdrawing the IFB may be issued any time prior to the date set for the receipt of bids.

3. Each Bidder shall be responsible for determining that all addenda issued by the Purchasing

Division for the IFB have been received before submitting a bid for the work. If an addendum is issued after a bidder has submitted a bid response, the Bidder shall resubmit their bid in the latest solicitation round in eVA. The County will only evaluate bids submitted in the latest solicitation round in eVA.

4. Each Bidder shall acknowledge the receipt of each addendum on the Bid Form.

B. Bidder’s Representation

1. By submitting a bid in response to this IFB, the Bidder certifies that it has read and understands the bid documents, specifications, and drawings, if any, and has familiarized itself with all federal, state and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress or performance of the work.

2. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any Bidder from any obligations with respect to its bid or to the

Contract.

C. Clarifications, Comments and Questions

The County welcomes comments regarding how the IFB and scope of work/services may be improved. Bidders requesting clarification, interpretation of, or improvements to the

IFB, shall submit technical questions in writing by the date set forth in this IFB. Any changes to this IFB shall be in the form of a written addendum issued by the Purchasing

Division.

D. Collusion

By submitting a bid in response to this IFB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, bidder or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

E. Ethics in Public Contracting

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

F. eVA Submission

Sealed bids will only be received and accepted through eVA, the Commonwealth of

Virginia’s Procurement Portal (https://eva.virginia.gov) until, but no later than the time and date specified in the IFB. Oral, fax machine, email and/or hard copy submissions will not be accepted.

G. Inspection of Records

1. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract (Va. Code § 2.2-4342(C)).

2. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records (Va. Code § 2.2-4342(E)).

H. Modification of Bids

1. A bid may be modified or withdrawn by the Bidder any time prior to the time and date set for the receipt of bids.

2. Modified and withdrawn bids may be resubmitted through eVA up to the time and date set for the receipt of bids.

3. No bid can be withdrawn after the time set for the receipt of bids and for 90 days thereafter except as provided under the Withdrawal of Bid due to Error subsection of this section.

I. Nondiscrimination of Bidder

A bidder shall not be discriminated against in the solicitation or award of this Contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state or federal law, as may be applicable.

J. Submission of Bids

1. All Bidders shall use the enclosed Bid Form in submitting their bid prices through eVA.

2. All prices must be F.O.B. delivered to the point as indicated in the IFB. The County will grant no allowance for boxing, crating, or delivery unless specifically provided for in this

IFB.

3. The Bid Form must be completed and legible. Discrepancies in the multiplication of units of work and the unit prices will be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

4. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the bid, may be deemed by the Purchasing Division as being nonresponsive.

5. The Bid Signature Sheet (Attachment A) must be signed in order to be considered. If the

Bidder is a corporation, the bid must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the Bidder must indicate the corporate title of the individual signing the bid.

https://eva.virginia.gov/

6. By submitting a bid in response to this IFB, the Bidder represents it has read and understands the Scope of Work/Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress or performance of the Contract.

7. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other related documents or to acquaint itself with conditions existing at the site, shall in no way relieve any bidder from any obligations with respect to its bid or the

Contract.

8. Bidders must upload and submit all required documents and pricing by the time and due date for the Bids. eVA will automatically determine the time for the receipt of Bids. eVA will not permit a Bidder to submit a Bid after the time for receipt of bids. Bidders bear all responsibility for ensuring their Bids and supporting documentation are submitted on time.

The County bears no responsibility for a Bidder’s inability to complete a submission timely for any reason, any problems with internet connectivity, or the Bidder inability to access eVA. Bidders are encouraged to submit bids with sufficient time to resolve any technical problems they may experience.

9. The time for the receipt of bids shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

10. All bids received in eVA by the deadline indicated will be kept sealed and unopened until the time and date set for the opening of bids.

11. It is understood and agreed, if a bidder indicates a "0" dollar amount on the Bid Form, the product or service shall be provided at no charge. All line items must be filled in. Unless otherwise provided in the IFB, if a bidder enters “No Bid” for a line item, their bid will be determined non-responsive.

K. Trade Secrets/Proprietary Information

Subject to the limitations of Va. Code § 2.2-4342(F), trade secrets or proprietary information submitted by a Bidder in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary (Va. Code § 2.2-4342(F)). A Bidder shall not designate as trade secrets or proprietary information (a) an entire bid, (b) any portion of a bid that does not contain trade secrets or proprietary information, (c) line item prices or total bid prices.

L. Use of Brand Names

1. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted (Va. Code § 2.2-4315).

2. Unless otherwise provided in the IFB, no proposed equal will be considered prior to receipt of bids. If bidding other than specified, the Bidder shall clearly and specifically identify the product being offered. Upon request, the Bidder may be required to provide complete and detailed descriptive literature, catalog cuts and specifications within three business days from the request to aid the Purchasing Division in determining whether the product offered meets the requirements of the IFB. Failure to do so may cause the bid to be considered nonresponsive.

3. It shall be understood that the burden of proof for an “equal” product shall be and remain the sole responsibility of the Bidder. The County’s decision of approval or disapproval of a proposed alternate shall be final. Nothing herein is intended to exclude any responsible

Bidder, its product or service or in any way restrain or restrict competition.

M. Withdrawal of Bid Due to Error (Other than Construction)

1. A Bidder may withdraw its bid from consideration if the price bid was substantially lower than the next low responsive bid due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

2. The Bidder shall give written notice of their claim to withdraw their bid to the Purchasing

Division within two business days after the conclusion of the bid opening procedure. (Va.

Code § 2.2-4330). Written notice shall be emailed to the Purchasing Director at kno008@henrico.gov with a copy to Jonathan Gist at gis002@henrico.gov and must include all work papers, documents and materials used in the preparation of the Bid.

3. The Purchasing Division will inspect the written evidence submitted by the Bidder with the request and if the Purchasing Division can verify to its satisfaction and sole discretion that the mistake was a non-judgmental mistake, the Bidder will be allowed to withdraw the bid.

4. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%). (Va. Code § 2.2-4330(C)).

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit directly or indirectly from the performance of the project for which the withdrawn bid was submitted.

6. If a bid is withdrawn under authority of this section, the next lowest responsive and responsible bidder shall be deemed to be the low bidder.

7. If the Purchasing Division denies the withdrawal of a bid under the provisions of this section, it shall notify the Bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

V. Bid Response Requirements

A. Bid Documents to be Submitted

Bidders are required to submit the following documents as part of their bid submission in eVA:

1. Bid Signature Sheet (Attachment A)

2. Bid Form (Attachment B, pages 36-40)

3. List of Equipment (Attachment C)

4. Business Category Classification Form (Attachment H)

5. Virginia State Corporation Commission Registration Information (Attachment I) mailto:kno008@henrico.gov

6. Henrico County Business License or other Current Business License

7. Bidder’s Reference Sheet (Attachment J)

8. Responsible Bidder Certification (Attachment K)

9. Safety Data Sheet (SDS) for ice melt products

The above documents shall be submitted collectively as one “.pdf” attachment through eVA in accordance with Section IV(J).

B. Certification

a. As part of its bid, the Bidder must certify that it has not defaulted on any government contract in the last five years or must explain any such default in reasonable detail. The

County may deem any such explanation of default insufficient if it does not include contact information for the government on whose contract the Bidder defaulted.

b. As part of its submission, the Bidder must certify that no government has terminated a contract with the Bidder for cause in the last five years or must explain any such termination for cause in reasonable detail. The County may deem any such explanation of termination for cause insufficient if it does not include contact information for the government that terminated a contract with the Bidder for cause.

c. As part of its submission, the Bidder must certify that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If the Bidder cannot make such certification, the Bidder must explain any ban in reasonable detail. The County may deem any such explanation insufficient if it does not include contact information for the public body that barred the Bidder or the Bidder’s officer, director, partner, or owner from participating in any procurement on any federal, state, or local government body’s contract.

d. The aforementioned certification are to be made on the Responsible Bidder Certification form (Attachment K).

C. Henrico County Business License

1. If a business is located in the County, it shall be unlawful to conduct or engage in that business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your bid. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804)

501-4310.

2. If you are a contractor or speculative builder and (i) your principal or branch office is in the County or (ii) you do more than $25,000 of business in the County, you are required to have a business license from the County. If you meet either of the above requirements, include a copy of your current license with your bid. The terms "contractor" and speculative builder" are defined in the County Code, §§ 20-558 and 20-560. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

VI. Bid Evaluation / Selection Process

A. Contract Award

1. It is the intent of the Purchasing Director to award a contract to the lowest responsive and responsible bidder provided the bid does not exceed the funds available for the Contract.

The bid will be awarded by total bid per Zone (See the Bid Form, Attachment B.)

2. Notice of award or intent to award shall be posted on the Purchasing Division website at:

https://henrico.gov/finance/divisions/purchasing.

B. Exceptions

Bidders that take exceptions to the IFB, the Scope of Work/Services, the County’s General

Contract Terms and Conditions, the Special Contract Provisions, and the Goods and Services

Contract will be considered non-responsive and not be considered for a Contract award.

C. Informality

The Purchasing Division reserves the right to waive any informality, as defined in Va. Code §

2.2-4301, in bids and to award in part or in whole or to reject any and all bids. The reasons for the rejection shall be made part of the Contract file.

D. Negotiation with the Lowest Bidder

1. If all bids received exceed the available funds for the proposed purchase, the County, pursuant to County Code provisions, may meet with the lowest responsive and responsible

Bidder to discuss a reduction in the scope for the proposed purchase and negotiate a contract price within the available funds (County Code § 16-48).

2. After bid negotiations, the lowest responsible Bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value.

3. If the proposed addendum is acceptable to the County, the County may award a contract within funds available to the lowest responsible Bidder based upon the amended bid.

4. If the County and the lowest responsible Bidder cannot negotiate a contract within available funds, all bids shall be rejected.

E. Product Evaluation/Testing

1. The Purchasing Division shall have the option to evaluate and/or test any item offered in this IFB prior to award of the contract. If the Purchasing Division elects to evaluate and/or test an item, the Bidder shall provide all samples required for evaluation and/or testing at no charge within seven calendar days of the request by the Purchasing Division. Samples shall be sent to:

County of Henrico, Virginia

Attention: Jonathan Gist

Purchasing Division

8600 Staples Mill Road

Henrico, VA 23228

2. Upon the completion of the evaluation and/or testing by the Purchasing Division, the

Bidder shall be responsible for the pick-up/return freight of the samples. If return arrangements are not confirmed within seven (7) calendar days after notification from the

Purchasing Division that samples are available for return, the Purchasing Division reserves the right to dispose of said samples.

F. Qualifications

The Purchasing Division may, before awarding the Contract, require a bidder to submit evidence of its qualifications as may deemed necessary by the Purchasing Division and may https://henrico.gov/finance/divisions/purchasing consider any evidence available concerning the financial, technical and other qualifications and abilities of the Bidder.

G. Responsible Bidder Certification

a. “Responsible bidder” means a person who has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

b. In determining whether a bidder is responsible, the County will consider whether the

Bidder has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Bidder for cause in the last five years; and whether Bidder or any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government agency.

c. If the Bidder fails to submit certifications or explanations in accordance with the

Certifications subsection under Section V, the County may deem the bid nonresponsive and reject it.

d. The Bidder must notify the County immediately if the Bidder discovers that its certification was erroneous when submitted or has become erroneous after bid submission, but prior to a Contract award.

e. The fact that the Bidder defaulted on a government contract in the last five years; the fact that a government terminated a contract with the Bidder for cause in the past five years; or the fact that the Bidder or any of its officers, directors, partners, or owners has been barred from bidding on contracts by any federal, state, or local government body will not necessarily result in the County deeming the Bidder nonresponsible.

f. If it is later determined that the Successful Bidder knowingly made a false certification, the

County may terminate the contract for cause.

H. Tie Bid

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

otherwise, the tie shall be resolved by the toss of a coin. In the case of a bid where goods are being offered, and preference for Virginia firms and/or products has already been considered, yet, there is still a tie bid, preference shall be given to the bidder whose goods contain the greatest amount of recycled content (Va. Code § 2.2-4324(C)), and should be decided by the toss of a coin if the preference for recycled content does not provide a winner.

VII. General Contract Terms and Conditions

A. Annual Appropriations

The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this

Contract, the Contract shall be terminated when existing funds are exhausted. The Successful

Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the

County or its elected officials, officers, agents, employees, or volunteers should the Board of

Supervisors fail to make annual appropriations for the Contract.

B. Antitrust

By entering into a contract, the Successful Bidder conveys, sells, assigns, and transfers to the

County of Henrico, Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the

Commonwealth of Virginia, relating to the particular services purchased or acquired by the

County under the contract.

C. Artificial Intelligence Systems Clause

The following terms apply to any artificial intelligence system, as defined in the Advancing

American AI Act, section 7223(4) of Pub. L. 117-263 (“AI System”) provided or used in the

Successful Bidder’s performance of this contract.

1. If the Successful Bidder will provide or use an AI System owned and/or operated by a third party (“Service Provider”) in the Successful Bidder’s performance of this contract, the Successful Bidder is responsible for ensuring that the AI System conforms with this clause and the County’s Artificial Intelligence (AI) Policy found at:

https://employees.henrico.gov/employment/policies/section13/#1309. All AI Systems must conform to Virginia and federal law.

2. The County retains full ownership of, and will own, all data, information, personally identifiable information, or content (collectively, “Data”) submitted to the AI System by, or on behalf of, the County, including but not limited to user prompts, queries, instructions, system prompts, source data, documents, knowledge bases, and any other information or content submitted to the AI System by, or on behalf of, the County.

3. The County retains full ownership of, and will own, all Data generated by the AI System with County Data or County usage context, including but not limited to responses, results, analyses, anonymized data, derivative data, metadata, logs, synthetic data, and any other output or action produced by the AI System but excluding technical system-level data that contains no County Data or County usage context, such as performance metrics, token counts, and processing times.

4. The County retains full ownership of, and will own, all Custom Developments. The

Successful Bidder and Service Provider must dedicate Custom Developments to the

County’s exclusive use and treat Custom Developments (and all associated Data) as the

County’s confidential information. The Successful Bidder and Service Provider must not use, reproduce, or derive benefit from Custom Developments for any other purpose, or for any other party, without express written authorization from the County’s Department of Information Technology.