CITY OF RICHMOND

DEPARTMENT OF PROCUREMENT SERVICES

RICHMOND, VIRGINIA

(804) 646-5716

Friday, October 2, 2026

Invitation For Bid No. IFB 270004283 for Welding, Fabrication, and Machine Shop Services

Due Date & Time: Wednesday, November 4, 2026 2:00 pm

Solicitation Prepared by:

Name: Alfred Komolafe

Title: Senior Procurement Analyst

Telephone: (804) 396-9412

Email: alfred.komolafe@rva.gov

Department of Procurement Services https://www.rva.gov/index.php/procurement-services/solicitations

City of Richmond

Welding, Fabrication, and Machine Shop Services

1. SPECIFICATIONS

1.1. Background

1.2. Bid Form

1.3. Statement of Work

1.4. City Requirements

1.5. Contract Award

1.6. Pricing

1.7. Minority Business Enterprise / Emerging Small Business Participation Percentage

2. INSTRUCTIONS TO BIDDERS

2.1. Authorized Signature

2.2. Award

2.3. Bidders Not Debarred

2.4. Contractor Misrepresentation

2.5. Delivery and Time for Holding of Bid

2.6. Descriptive Literature

2.7. Disqualification Due to Participation in Preparation of Solicitation

2.8. Ethics in Public Contracting; No Kickbacks or Conflicts of Interest

2.9. Exceptions

2.10. Incorporation of Policies and Procedures

2.11. Licenses, Permits, and Fees

2.12. Minority Business Enterprise / Emerging Small Business Participation

2.13. Withdrawal of Bids

2.14. Non-Discrimination

2.15. Oral Explanations or Interpretations

2.16. Notice of Award

2.17. Public Inspection of Records

2.18. Samples

2.19. Separate Invitations

#IFB 270004283

Title: Welding, Fabrication, and Machine Shop Services

2.20. State Corporation Commission Form

2.21. Submission of Bids

2.22. Unit Pricing

2.23. Use of Brand Names

3. GENERAL TERMS AND CONDITIONS

3.1. Duration of Contract

3.2. Contractor Responsibilities

3.3. Payment

3.4. Indemnification and Insurance

3.5. Assignment, Delegation and Subcontracting

3.6. Remedies and Termination

3.7. Dispute Resolution

3.8. Miscellaneous Provisions

4. SPECIAL TERMS AND CONDITIONS

4.1. Cooperative Procurement

4.2. Additional Special Terms and Conditions

5. FORMS AND ATTACHMENTS

5.1. Vendor Questionnaire

5.2. Attachments

Attachments:

A - SIGNATURE SHEET

B - STATEMENT OF NO OFFER

C - STATE CORPORATION COMMISSION FORM

D - CONSENT TO ACCEPT ELECTRONIC SIGNATURES

E - GOODS & SERVICES CONTRACT - EXAMPLE

F - Minority Business Development Cover Letter

G - MBE-ESB- 1 PARTICIPATION COMMITMENT FOR RFQ FORM

H - MBE-ESB - 2 PARTICIPATION COMMITMENT FORM

I - myCOI Sample Certificate

J - Specifications - Welding Fabrication, and Machine Shop Services

1. SPECIFICATIONS

1.1. Background

The City of Richmond, Virginia (the "City"), on behalf of the Department of Public Utilities ("DPU") and the Department of Public Works ("DPW"), seeks bids from qualified firms for the Welding, Fabrication, Machine Shop Services project (the "Project"). The City requires certain machine shop, welding, mechanical, and AutoCAD services, in addition to onsite pickup and delivery of certain equipment (the

"Work"). The Work will also entail shop painting of items furnished, field painting of structures, piping, conduit, and equipment. Further details regarding the nature and prosecution of the Work are provided below in the Statement of Work.

The City requires the Work to maintain and repair equipment integral to operations and facilities within the City. This Project will provide welding, fabrication, and machine shop services to Agencies requiring these services to maintain operations.

1.2. Bid Form

Delivery F.O.B: Dept. of Public Utilities Wastewater Treatment Plant 1400 Brander Street. Richmond, VA. 23224 Dept. of Public Utilities Water Filtration Plant 3920 Douglasdale Road Richmond, VA. 23221

Required Time for Delivery: Seven (7) to ten (10) calendar days for regular work.

BID FORM - IFB 270004283

Items left blank or marked $0 shall deem the bidder non-responsive. Award(s) shall be made base on lowest total unit bid price.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Machine Shop Services 4,500 Hourly

2 Welding Services 4,500 Hourly

3 AutoCAD Services 1,000 Hourly

4 Onsite Pickup and Delivery of

Equipment 500 Hourly

5 Mechanical Services 5,000 Hourly

TOTAL

1.3. Statement of Work

1.3.1. Project Location.

Work on the Project will be performed across the City's following locations:

A. Water Treatment Plant, B. Wastewater Treatment Plant, C. Pumping Stations, D. CSO facilities, and

E. ancillary support facilities.

1.3.2. Welding, Fabricating, and Machine Service Specifications.

A. Certain technical specifications are attached to this IFB, as Attachment J ("Specifications -Welding

Fabrication, and Machine Shop Services"), and are incorporated herein by reference (hereinafter, the

“Specifications).

B. By submitting a Bid for this Project, Bidders acknowledge that both it and its subcontractor(s), have reviewed the Specifications, and agrees to be bound by the terms and conditions contained therein.

C. To the extent any term or condition, including defined terms, in the Specifications conflicts with those of the City, the City’s terms and conditions shall prevail.

1.3.3. Summary of Work.

A. Contract Item 1 – Machine Shop Services.

1. The Contractor shall provide shop supervision, certified machinist to perform machine shop

Work as specified and/or directed by the City.

2. Includes pick-up and delivery of components from the City, tools, consumables, shop supplies, overhead and profit, during Normal Work Hours, to complete a Project Task Order as assigned by the City.

B. Contract Item 2 – Welding Services.

1. The Contractor shall provide shop supervision, a certified welder to perform welding Work as specified and/or directed by the City.

2. Includes pick-up and delivery of components from the City, shop welding equipment and/or portable welding equipment for onsite Work, tools, consumables, shop supplies, overhead and profit, during Normal Work Hours, to complete a Project Task Order as assigned by the City.

C. Contract Item 3 – AutoCAD Services.

1. The Contractor shall provide AutoCAD services for measuring, reverse engineering and drawing existing parts including computers, software, copies and files electronically and/or on CD/DVD’s, overhead and profit, during Normal Work Hours, to complete a Project Task Order as assigned by the City.

D. Contract Item 4. On site Pickup and Delivery of Equipment.

1. The Contractor shall provide Onsite Pickup and Delivery of Equipment, during Normal Work

Hours, to complete a Project Task Order as assigned by the City.

E. Contract Item 5 – Mechanical Services.

1. The Contractor shall provide shop supervision, a qualified mechanic to perform mechanical repair, removal, refurbishment and/or renewal, inspections, QA/QC services, testing, of mechanical equipment, during Normal Work Hours, as specified and/or directed by the City.

2. Includes pickup and delivery of parts and components from the City, mechanics tools and equipment, consumables, shop supplies, overhead and profit, during Normal Work Hours, to complete a Project Task Order as assigned by the City.

F. Contract Item 6 – Equipment, Parts, Materials and Rental Equipment.

1. The Contractor shall provide equipment, parts, materials and rental equipment specified and/or directed by the City.

2. Includes pickup and delivery of components from the City (or vendors) to complete a scope included in the individual purchase order issued by the City.

1.3.4. Statement of Work.

The Work on the Project shall include furnishing and delivering all labor, material, equipment, subcontractor services, in accordance with the Specifications, for the mechanical maintenance across the

Project locations.

The Work will require, but will not be limited to, the following:

A. Machine Shop Services.

1. Milling, cutting, drilling, turning, polishing, painting, finishing, forming, breaking, punching, installation, and/or otherwise working metal (such as cold-rolled carbon steel, hot-rolled carbon steel, ductile iron, bronze, brass, copper, and stainless steel, for the purpose of repairing, reproducing, creating or modifying equipment or metal components as directed by City.

B. Welding Services.

1. Welding machine, operator, power supply/source, installation and consumables for carbon steel, stainless steel, ductile iron, cast iron, and/or aluminum.

2. Welding processes shall include both onsite and offsite Work, and shall include brazing of nonferrous metals, including brass, copper, and tin, as directed by the City.

C. AutoCad Services.

1. The Contractor shall provide AutoCAD services for measuring, reverse engineering and drawing existing parts including computers, software, copies and files electronically and/or on CD/DVD’s, overhead and profit during Normal Work Hours to complete a Project Task Order as assigned by the City.

D. Onsite Pickup and Delivery of Equipment.

1. The Contractor shall provide onsite pickup and delivery of equipment during Normal Work

Hours to complete Project Task Orders assigned by the City.

E. Mechanical Services.

1. Repair, removal, refurbishment, and/or renewal, inspections, QA/QC services, testing, of mechanical equipment

a. Includes but is not limited to: pumps, centrifuges, process machinery, conveyors, valves and actuators, blowers, compressors, and screening mechanisms.

F. Equipment, Parts, Materials and Rental Equipment.

1. The Contractor shall provide equipment, parts, materials and rental equipment specified and/or directed by the City, including pickup and delivery of components from the City (or vendors) to complete a scope included in the individual purchase order issued by the City.

2. The cost of materials, parts, and rental equipment will be reimbursed by the City at actual cost.

No contract markup is allowed for materials, parts, and rental equipment.

G. Required Certifications.

1. Machinist shall be certified by NIMS (National Institute for Metalworking Skills), journey-level or higher.

2. Welders shall be certified by AWS, ASME, and/or API.

H. Reverse Engineering.

1. At the City’s request, the Contractor shall perform reverse engineering on parts, using a

Quadrant Measuring Machine or other comparable means, and subsequently creating of a numbered AutoCad drawing.

a. The Contractor shall send all measurements and drawings, either electronically or on

CD/DVD, to the City's representative within seven (7) business days.

b. The City will furnish all parts of information, which will be printed on the drawing, so that the Contractor can make proper identification.

c. These drawings shall then become the exclusive property of the City.

I. Required Estimate.

1. A detailed estimate for machining, welding, fabricating and producing AutoCad drawings shall be given to the City's using agency, prior to proceeding with the Work.

2. The Contractor shall submit an invoice to the City within 30 days of providing service.

1.3.5. Work Hours.

A. The Contractor will be authorized to perform Work only between 07:00 AM-5:00 PM EST, Monday thru Friday (“Normal Work Hours”).

1. The City may require the Contractor to mobilize for the Work within four (4) hours of request.

2. City-observed Holidays

a. New Year’s Day

b. Martin Luther King, Jr. Day

c. President’s Day

d. International Women's Day

e. Spring Holiday

f. Memorial Day

g. Juneteenth

h. Independence Day

i. Labor Day

j. Indigenous Peoples’ Day

k. Election Day

l. Veterans Day

m. Thanksgiving Holidays (The day before Thanksgiving, Thanksgiving Day, and the day after Thanksgiving), and

n. Winter Holidays (Two Days to be named).

3. Any Work performed outside of Normal Work Hours, shall constitute an emergency.

a. The City may require the Contractor to mobilize for the Work within two (2) hours of request.

4. All equipment, materials, supervision, and personnel will be available on a 24/7 basis, including weekends and City-observed holidays.

5. Maximum turnaround time for repairs will be 24 hours for emergency Work and 7 to 10 calendar days for regular work.

1.3.6. Emergency Services.

A. The City may request, via email or phone, that the Contractor undertake certain Work on an emergency basis ("Emergency Services").

1. The Contractor shall prepare an estimate of such Emergency Services (additional hours will require prior approval by the City).

2. The City's Department of Procurement Services will issue a purchase order issued for the Work.

B. Rates for Emergency Services shall be recorded daily on report sheets prepared by the Contractor,

1. The report sheets shall be furnished to the City, and signed by both parties,

2. Thereafter, the daily reports shall be considered the true record of the emergency rate of Work that was performed.

3. All bills for Emergency Services shall be accompanied by the copies of payrolls, bearing the

Contractor’s signed certification as to the truth and accuracy of such copies.

C. Emergency Services rates will be paid at 1.5 times the Normal Work Hours rate.

D. The City will monitor and inspect the Contractor’s Work.

1.3.7. No Guaranteed Work.

The City does not represent, warrant, covenant or guarantee that the Contractor will receive any Work

Assignments in a specific contract or renewal term. The City reserves the right, at its sole discretion, to issue separate solicitations for similar work and other projects as the need may occur.

1.3.8. Assignment of Work when Multiple Awards.

In the event the City awards multiple contracts under this Invitation for Bids as allowed under City Code section 21-55(a), the City will assign work based on the provisions of this section. The City will strive to distribute work assignments (each a “Work Assignment”) to all contractors awarded contracts under this

Invitation for Bids. However, the City, in its sole discretion, may assign a Work Assignment to the contractor that it believes is best suited to that specific Work Assignment based on the following factors:

A. Cost effectiveness and reasonableness based on bid price.

B. Performance on past or current Work Assignments as documented pursuant to Section 2.1.3

(“Performance Evaluation”) of Part I (“Statement of Needs”).

C. Resources available compared to existing assigned workload.

D. Responsiveness in responding to Work Assignment requests.

1.3.9. Work Assignment Procedure.

In the event the selected contractor (i) fails to respond to the City’s request for a Work Assignment within

2 business days, or (ii) declines to perform a Work Assignment, the City may proceed to another contractor. Nothing herein shall be construed to limit the City’s discretion to determine when and under what circumstances to utilize any awarded contractor for Work Assignments.

1.3.10. Performance Evaluation.

Performance evaluation of the Contractor shall take place at the completion of each Work Assignment.

1.4. City Requirements

<PROVIDE ANY REQUIREMENTS THAT MAY BE NECESSARY WHEN PROVIDING THE

SERVICES OR COMMODITY SOLICITED BY THE INVITATION FOR BID>

1.5. Contract Award

<PROVIDE INFORMATION CONCERNING THE METHOD OF AWARD TO BE UTILIZED. IF

MULTIPLE AWARDS ARE TO BE MADE, MAKE SURE THAT THE METHOD FOR ISSUING

WORK TO FIRMS IS SPELLED OUT>

1.6. Pricing

<DESCRIBE HOW PRICING SHOULD BE PRESENTED ON THE BID FORM. IF NEEDED,

INCLUDE A STATEMENT THAT INDICATES “The quantities shown are estimates only and the City reserves the right to purchase only its requirements whatever the quantity may be, plus or minus, during the period specified.”>

1.7. Minority Business Enterprise / Emerging Small Business Participation Percentage

In accordance with section “Minority Business Enterprise / Emerging Small Business Participation” of

Part 2 (“Instructions to Bidders”) of this Invitation for Bids, it has been determined for this solicitation the minority business enterprise and emerging small business participation of 0% is reasonably possible given the availability of minority business enterprises and emerging small businesses for the scope of work covered by this solicitation.

2. INSTRUCTIONS TO BIDDERS

2.1. Authorized Signature

All bid submissions must be signed in order to be considered. If the bidder is a firm or corporation, the bidder must show the title of the individual executing the bid and a resolution authorizing the individual to sign the bid and subsequent contract.

2.2. Award

Pursuant to City Code § 21-55(a), the City will make the award to the lowest responsive and responsible bidder. Whenever the City, in its sole discretion, deems it to be in the City’s best interest to do so, the

City reserves the right:

1. To conduct any test it deems advisable.

2. To make all evaluations necessary.

3. To cancel this solicitation or to reject any or all bids, in whole or in part, as authorized by

City Code § 21-72(a).

4. To waive informalities as authorized by City Code § 21-72(b).

5. To delete items prior to making the award.

6. To negotiate an adjustment of the bid price with the lowest responsive and responsible bidder if and to the extent permitted by City Code § 21-55(b).

7. To award to more than one bidder as authorized by City Code § 21-55(a).

Each bidder to whom a contract is to be awarded must register with the City prior to award through the

City’s Supplier Registration Portal (https://rva.gov/procurement-services/supplier-portal) and provide the banking information necessary to facilitate Automated Clearing House electronic payments. This registration is a condition of award.

2.3. Bidders Not Debarred

By signing its bid in response to this Invitation for Bids, the bidder warrants and represents that neither its organization nor any of its officers, directors, partners or owners is currently barred from bidding on contract by any agency of the federal government, any agency of the Commonwealth of Virginia, any agency of any other state, or any other public body or agency thereof.

2.4. Contractor Misrepresentation

https://rva.gov/procurement-services/supplier-portal https://rva.gov/procurement-services/supplier-portal

A. If any bidder knowingly makes a material misrepresentation in submitting information to the

City, such misrepresentation will be sufficient grounds for rescinding any contract awarded under this solicitation to that bidder.

B. Any bidder falsely representing past or proposed Minority Business Enterprise / Emerging Small

Business participation may be in breach of contract. Upon determination of a breach, the City shall have all available remedies for breach of contract.

2.5. Delivery and Time for Holding of Bid

A. General terms such as “stock,” “immediately,” and “as soon as possible,” if included as part of a bid, will not be deemed more favorable to the City than any required delivery terms and, in the absence of any required delivery terms, may result in the bidder being deemed nonresponsive.

B. By signing its bid, the bidder offers and agrees, if the City accepts its bid within 90 calendar days from the date of the opening of bids, to furnish any and all items upon which prices are quoted at the same prices set opposite each item, delivered to the point specified in this Invitation for Bids, and at the time specified in the bid.

2.6. Descriptive Literature

The bidder shall submit with its bid descriptive literature of equipment or supplies, which it proposes to furnish, if such articles are of a different manufacture than those specified herein. Should the description furnished in such literature differ from the specifications submitted by the City, and no mention is made to the contrary, it shall be construed to mean that the bidder proposes to furnish equipment or supplies in accordance with such description and not in accordance with the City's specifications, and its bid will be evaluated accordingly.

2.7. Disqualification Due to Participation in Preparation of Solicitation

A. City Code § 21-281(a) prohibits any person who, for compensation, prepares a solicitation for or on behalf of the City from submitting a response to that solicitation or any portion thereof.

B. For purposes of this section 2.7 (“Disqualification Due to Participation in Preparation of

Solicitation”), the word “prepares” has the meaning set forth in City Code § 21-281(b) and thus includes but is not limited to the following:

1. Serving as a director or deputy director of the agency which has initiated the procurement;

2. Serving as the director of procurement services after the department of procurement services has received information on an agency's intent to procure;

3. Serving as the procurement manager for the agency which has initiated the procurement;

4. Serving as the procurement officer in charge of the procurement;

5. Assisting in the development of specifications for invitations for bids or requests for proposals;

6. Attending an evaluation committee meeting that is closed to the public;

7. Voting on or scoring a bid or proposal; or

8. Any other participation in the procurement process which could lead to unfair advantage.

C. Pursuant to City Code § 21-281(c), the Chief Administrative Officer shall make the determination that a person is disqualified from submitting a response to a particular solicitation because of that person’s participation in preparing that solicitation.

D. If a person planning to submit a response to a solicitation contacts the Chief Administrative

Officer concerning such a disqualification, such person and the person’s firm shall be disqualified from responding to the solicitation for violating the City’s no contact policy because the person discussed the solicitation with a City representative other than the contract specialist responsible for the procurement.

E. In accordance with City Code § 21-281(d), any person who has been disqualified pursuant to this section 2.7 (“Disqualification Due to Participation in Preparation of Solicitation”)

F. and City Code § 21-281 may appeal the Chief Administrative Officer’s determination of disqualification by following the administrative appeals procedure set forth in City Code § 21-

168 or by instituting legal action as provided in City Code § 21-169.

2.8. Ethics in Public Contracting; No Kickbacks or Conflicts of Interest

A. By signing and submitting its bid in response to this Invitation for Bids, the bidder certifies that he has not violated any provisions of Federal law, the Code of Virginia, the Richmond City Code or Charter. The bidder certifies that its bid is made without collusion or fraud and that the bidder has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with its bid and that the bidder has 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. The bidder agrees that if such warranty is in any respect breached, the bidder will pay to the City the full price agreed by the City to be paid for the supplies, materials, equipment or services to be furnished under the bidder’s bid.

B. By signing and submitting its bid in response to this Invitation for Bids, the bidder represents and warrants that it is in compliance with the provisions of section 3.2.3 (“Anti-Kickback

Provision”) of Part 3 General Terms and Conditions included with this Invitation for Bids and, further, that the bidder’s firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the

City, and that there are no principals, officers, agents, employees, or representatives of the bidder’s firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the

City, pertaining to any and all work or services to be performed as a result of this Invitation for

Bids and any resulting contract with the City.

2.9. Exceptions

An exception is any condition, limitation, restriction, term or other deviation from the requirements of the

Invitation for Bids that is a condition of the bidder’s bid or that the bidder expects to become part of a contract with the City. Bidders are strongly discouraged from taking exceptions to the requirements of the

Invitation for Bids. Exceptions may result in the City declaring the bidder’s bid to be non-responsive. Any exceptions taken must refer to the specific language of the Invitation for Bids to which the bidder objects and must be included with the bid on a separate page. The City shall be entitled to assume that the absence of any exceptions constitutes the bidder’s willingness to comply with all requirements of all parts of the Invitation for Bids.

2.10. Incorporation of Policies and Procedures

This solicitation is subject to the provisions of the Chapter 21 of the Code of the City of Richmond, the

Department of Procurement Services Policies and Procedures and any revisions thereof, all of which are hereby incorporated into this solicitation by reference. Copies of these documents may be viewed at the

City’s website (www.rva.gov).

2.11. Licenses, Permits, and Fees

All bids submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Richmond or the Commonwealth of Virginia.

2.12. Minority Business Enterprise / Emerging Small Business Participation

The City has a commitment to the development of its minority and emerging small business communities. The City therefore encourages the use of minority business enterprises and emerging small businesses on all City contracts to the fullest extent reasonably possible. Part 1 “Specifications” of this

Invitation for Bids identifies the minority business enterprise and emerging small business participation goal for the scope of work covered by this solicitation. The City's Office of Minority Business

Development is available at 804-646-6417 as a resource in identifying local MBEs and ESBs. Bidders’ assistance in helping the City achieve its priorities is greatly appreciated.

2.13. Withdrawal of Bids

A. CONDITIONS FOR WITHDRAWAL

1. BEFORE DEADLINE FOR RECEIPT

A bidder may withdraw the bidder’s bid before the deadline fixed in this Invitation for Bids for the receipt of bids by submitting a written notice to the person identified on the cover sheet of the Invitation for Bids as the preparer of the Invitation for Bids. The written notice must be signed by the person who signed the bid, provided that another person may sign the written notice instead if a valid power of attorney authorizing such other person to sign on behalf of the person who signed the bid is attached to the written notice.

2. AFTER DEADLINE FOR RECEIPT

Pursuant to section 21-53(d) of the Code of the City of Richmond, a bidder may withdraw the bidder’s bid after the deadline fixed in this Invitation for Bids for the receipt of bids only for the reasons set forth in subsections (a) and (b) of section 21-53 of the Code of the City of

Richmond and the provisions of this section 2.13.

B. PROCEDURE FOR WITHDRAWAL DUE TO ERROR OR MISTAKE

https://www.rva.gov/

1. Bids will be opened on the date and at the time fixed in the Invitation for Bids, as amended by any addendum. Bids are usually opened at the time of the deadline for the receipt of bids fixed in the Invitation for Bids, as amended by any addendum.

2. The bidder shall give notice in writing of the claim of right to withdraw the bid within two business days after the conclusion of the bid opening procedure and shall submit the bidder’s original work papers, documents and materials used in the preparation of the bid with such notice. Under these procedures, the mistake shall be proved only from the original work papers, documents and materials delivered as required in this section 2.13. The work papers, documents and materials submitted by the bidder shall, at the bidder’s request, be considered trade secrets or proprietary information subject to the conditions of section 21-5(f) of the

Code of the City of Richmond.

3. The failure of a bidder to submit the bidder’s original work papers, documents and materials used in the preparation of the bidder’s bid at or prior to the time fixed for the opening of bids constitutes a waiver by the bidder of the bidder’s right to withdraw the bidder’s bid due to an error or mistake.

4. Pursuant to section 21-53(e) of the Code of the City of Richmond, 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. Pursuant to section 21-53(f) of the Code of the City of Richmond, if a bid is withdrawn in accordance with this section 2.13, the lowest remaining bid shall be deemed to be the low bid.

6. Pursuant to section 21-53(g) of the Code of the City of Richmond, 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 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. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the City in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder.

7. Pursuant to section 21-53(h) of the Code of the City of Richmond, the Director of

Procurement Services shall notify the bidder in writing within five business days of the

Director’s decision regarding the bidder’s request to withdraw the bidder’s bid. If the

Director of Procurement Services denies the withdrawal of a bid under the provisions of this section 2.13, the Director of Procurement Services shall state in such notice the reasons for the decision and award the Contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the Director of Procurement Services shall return all work papers and copies thereof that have been submitted by the bidder.

C. CONSEQUENCE IF BID NOT WITHDRAWN

1. If the bidder does not withdraw the bidder’s bid as provided in this section 2.13, or if the bidder is not permitted to withdraw the bidder’s bid as described in section 2.13 B

("PROCEDURE FOR WITHDRAWAL DUE TO ERROR OR MISTAKE"), the City shall not be liable for any costs associated with mistakes or errors in the bid, and in no event may the amount of the Contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of the bidder from the consequences of an error in the bidder’s bid or offer.

2.14. Non-Discrimination

The City does not discriminate against faith-based organizations. By signing its bid, the bidder, if a faith-based organization, agrees that it understands the requirements of City Code § 21-43 (Va. Code § 2.2-

4343.1).

2.15. Oral Explanations or Interpretations

A. All inquiries requesting clarification of this Invitation for Bids should be made through OpenGov no later than ten business days prior to the closing date identified on the cover page of this solicitation. Because each bidder may have different needs for information, that bidder must make whatever inquiries it deems necessary in order to respond to the Invitation for

Bids. Inquiries that the Procurement Analyst determines to be pertinent to all solicited bidders will be answered by addenda to all solicited bidders.

B. No oral explanation in regard to the meaning of this Invitation for Bids will be made and no oral instructions will be given before the award of the contract. Any explanation, interpretation or modification of the Invitation for Bids that is pertinent to all solicited bidders will be made only by an addendum duly issued by the City, a copy of which will be mailed or delivered to each bidder known to have received the Invitation for Bids. The City shall not be responsible for any other explanations or interpretations anyone presumes to make on behalf of the City before the expiration of the ultimate time set for the receipt of bids.

C. From time to time, addenda may be issued that will provide clarifications or supplemental information about the Invitation for Bids documents. All persons receiving Invitation for Bids documents issued by the City will be provided copies of addenda. If a bidder fails to acknowledge any addendum that (i) has a material effect on the bid (i.e., that relates to price, quantity, quality or delivery) and (ii) is not merely administrative, the City may consider that bidder’s bid incomplete, and the bid thus may be rejected as non-responsive. The bidder shall acknowledge receipt of all addenda as part of its bid and on the form provided for that purpose by the City. The bidder shall be solely responsible for verifying the existence of all addenda items.

D. Any contact with any City representative concerning this Invitation for Bids other than that outlined in subsection (A) of this section is prohibited. Any such unauthorized contact may disqualify the bidder from this procurement.

E. The Specifications and the General Terms and Conditions attached to this Invitation for Bids are hereby expressly made a part of and incorporated into this Invitation for Bids. The Specifications and the General Terms and Conditions shall be a part of any contract that results from this

Invitation for Bids. This Invitation for Bids also includes a sample of the City’s form contract as an attachment. All conditions contained in this attached contract are hereby expressly made a part of and incorporated into this Invitation for Bids.

2.16. Notice of Award

A contract is awarded only when the Director of Procurement Services or designee signs the contract. The

Contracting Officer may provide notice of the City’s decision to award a contract prior to award of that contract by posting a notice of intent to award on the website of the Department of Procurement Services.

A notice of intent to award means that the City intends to award the contract to the bidder named in the notice ten calendar days after the notice is posted. Bidders are responsible for monitoring the website of the Department of Procurement Services for content posted thereon.

2.17. Public Inspection of Records

A. All proceedings, records, contracts and other public records relating to the procurement transaction that this solicitation concerns shall be open to the inspection of any citizen or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information

Act.

B. Any 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 City decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

C. Pursuant to City Code § 21-5(f) (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 the Virginia Freedom of Information Act, provided that the bidder (i) invokes the protections of this section prior to or upon submission of the data or other materials, (ii) identifies the data or other materials to be protected, and (iii) states the reasons why protection is necessary.

D. Budgets and price quotations are considered public information in bids submitted to the

City. Classifying budgets and price quotations as “proprietary” or “confidential” may render the bid non-responsive. Classifying aspects of the bid that are not trade secrets or proprietary may render the bid non-responsive.

E. All bids submitted under this solicitation will become the property of the City and will not be returned.

2.18. Samples

Samples of items, if requested, shall be furnished without charge, upon request within ten days. Failure on the part of the bidder to provide such samples within the specified time frame or to comply with these instructions may be cause to consider the bid as non-responsive. If not destroyed and upon request at the time of submission, samples will be returned at the bidder’s expense.

2.19. Separate Invitations

Bid responses for separate bid invitations shall not be combined on the same submission. At its option, the City may decline to consider such bids.

2.20. State Corporation Commission Form

A. State law requires most business entities to register with the Commonwealth of Virginia’s State

Corporation Commission to obtain legal authorization to transact business in Virginia. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth 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 above that enters into a contract with the City 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, to be revoked or cancelled at any time during the term of the contract.

B. Each bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, shall include in its bid a statement describing why the bidder is not required to be so authorized. Each bidder shall indicate the above information on the State Corporation Commission Form included with the

Invitation for Bids.

C. By signing its bid in response to this Invitation for Bids, the bidder represents and warrants that all information the bidder submits on its completed State Corporation Commission Form is true and complete at the time the bidder submits its bid and will remain true and complete throughout the duration of any contract between the City and the bidder that results from this Invitation for

Bids. The bidder agrees that the process by which compliance with Title 13.1 and Title 50 of the

Code of Virginia is checked during the solicitation stage (including without limitation the State

Corporation Commission Form provided) is streamlined and not definitive, and the City’s use and acceptance of such form, or its acceptance of the bidder’s statement describing why the bidder was not legally required to be authorized to transact business in the Commonwealth of Virginia, shall not be conclusive of the issue and shall not be relied upon by the bidder as demonstrating compliance.

2.21. Submission of Bids

A. Bids shall be submitted electronically through the City’s e-Procurement Portal, OpenGov, located at https://procurement.opengov.com/portal/rva.

B. To be considered, a bid must be submitted through the City’s e-Procurement Portal, OpenGov, on or before the time and date set forth on OpenGov for this Invitation for Bids. The City’s e-

Procurement Portal Clock is the official clock for the determination of all deadline dates and times. The City will not accept a bid that is late, regardless of any technical difficulties. Bidders submitting proposals should allow sufficient time for submission through OpenGov. The bidder shall not make any other distribution of bids. However, materials or information received from a https://procurement.opengov.com/portal/rva prospective contractor as result of a request by the Contracting Officer shall not be considered a violation of this section.

C. Bids containing any conditions, omissions, unexplained deletions or alterations, or items not called for on the bid sheet may be rejected by the City as being incomplete or non-responsive.

2.22. Unit Pricing

Unless lump sum price is specifically requested, unit and extended prices should be given. Failure to do so may cause the bid not to be considered. In case of error in extension of prices in the bid, the unit price shall govern.

2.23. Use of Brand Names

Where a brand or trade name appears in the specifications, it is understood that the brand or trade name referred to, or its approved equal, shall be furnished. If the bidder proposes an equal of the brand or trade name referred to, the bidder must furnish full particulars. If no mention is made of any exceptions, it is assumed that the bidder is bidding on the article mentioned and not an approved equal, and the bidder will be required to deliver the exact article specified. The City shall decide, in its sole discretion, if a proposed equal will be approved.

3. GENERAL TERMS AND CONDITIONS

3.1. Duration of Contract

3.1.1. Commencement and Expiration

This Contract shall commence on the Commencement Date set forth in the Goods and Services Contract and shall expire one (1) year later, unless terminated earlier in accordance with the provisions of this

Contract.

3.1.2. Extension of Contract

The City reserves the right to extend the Contract for any reason for a period or periods up to but not to exceed 12 months. This extension clause may be exercised when the City determines that an extension of the Contract is advantageous to the City. Any extension beyond 12 months will be subject to the City’s renewal clause as set forth in this Contract. This provision in no way affects or alters the City’s ability to renew the Contract consistent with the renewal option clause. If it is then decided to renew the resulting

Contract, the renewal date will commence on the day following the last day of the contract extension.

3.1.3. Renewal

The City may, at its sole option, renew this Contract for up to 2 two-year renewal terms by furnishing the

Contractor with written notice of its decision to renew at least 60 calendar days before the expiration of the then-current term.

3.2. Contractor Responsibilities

3.2.1. Independent Contractor

The Contractor shall provide the services required under this Contract as an independent contractor.

3.2.2. Advertising

The Contractor shall not use any indication of its services to the City for commercial or advertising purposes without the prior written consent of the Director of Procurement Services.

3.2.3. Anti-Kickback Provision

The Contractor warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the

Contractor any fee, commission, percentage, brokerage fee, gifts or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul or void this Contract without liability or, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

3.2.4. Century Compliance

The Contractor warrants that the hardware, software and firmware products, provided for the City’s use or used by the Contractor to provide any service or commodity that is the subject of this Contract, individually and in combination, shall successfully process, store and perform calculations with dates regardless of the century in which the dates occur.

3.2.5. Compliance with Laws

The Contractor shall comply with the provisions of any statutes, ordinances, rules, regulations, or other laws enacted or otherwise made effective by any local, state, or federal governmental entity which may be applicable to the performance of this Contract and shall obtain all necessary licenses and permits thereunder.

3.2.6. Contractor Misrepresentation

A. In General. If the Contractor knowingly makes a material misrepresentation in submitting information to the City, such misrepresentation will be sufficient grounds for rescinding the award of this Contract.

B. MBE/ESB Participation. By issuing the Invitation for Bids, the City intends that MBE / ESB participation proposed as part of any bid in response hereto be binding on the

Contractor. Consequently, if the Contractor falsely represents proposed MBE/ESB participation, or fails to comply with proposed participation, the Contractor may be in breach of contract. Upon determination of a breach, the City shall have all available remedies for breach of contract, which may include, but is not limited to, one or more of the following: (i) forfeiture,

(ii) investigation, and (iii) debarment.

3.2.7. Drug-Free Workplace

A. Policy. City Council Resolution No. 2000-R197-191 prohibits the City from contracting with any contractor that fails to comply with this policy. The Contractor certifies that it has taken and will continue to take appropriate and effective action to (i) educate its employees about the dangers of drug abuse in the workplace, (ii) provide its employees with effective drug counseling, rehabilitation and employee assistance programs, any or all, (iii) discipline employees who violate the requirement of a drug-free workplace, and (iv) minimize, to the greatest extent possible, the risks of drugs entering the workplace. The Contractor is also prohibited from contracting with any other party that fails to comply with this policy. Failure by the Contractor or its subcontractor to comply with the provisions outlined above will be cause for termination of the Contract.

B. Contractor’s Plan. The Contractor shall implement and maintain a Drug-Free Workplace Plan specific to the services and work covered by this Contract that is implemented and effectively used throughout the duration of this Contract to accomplish the requirements of section 3.2.7 A

(“Policy”) above.

3.2.8. Human Rights

A. Civil Rights Act Compliance. During the performance of this Contract, the Contractor agrees, pursuant to Resolution No. 74-R8-11 adopted February 25, 1974 by the Council of the City of

Richmond, to comply fully with Titles VI and VII of the Civil Rights Act of 1964, as amended, and all regulations promulgated thereunder.

B. The essence of this requirement is found in the United States Code Annotated, Title 42, Section

2000e-2, which states in part:

1. “It shall be an unlawful employment practice for an employer:

a. to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

b. to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex or national origin.”

2. By entering into this Contract, the Contractor certifies that it has complied with Titles VI and

VII of the Civil Rights Act of 1964, as amended.

C. Richmond City Code Compliance. Pursuant to section 21-70 of the Code of the City of

Richmond (2004), as amended:

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

i. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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.

ii. 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.

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

b. During the performance of this Contract, the Contractor shall include the provisions of subsection (1) of the section in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.

3.2.9. Intellectual Property

The Contractor represents and warrants that all goods and services that it will furnish under this Contract do not and will not infringe on any valid copyright, patent, service mark or trademark. The Contractor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by the Contractor or used by the Contractor in the performance of its services. The Contractor shall defend, hold harmless and indemnify the City from all suits or claims for infringement of any patent rights or copyrights arising out of such selection.

3.2.10. Personnel

The personnel designated in the management summary for key positions shall not be changed except with the permission of the City. The City will only approve such change when, in its opinion, the substitute personnel have equal or greater qualifications and experience than those they replace.

3.2.11. Property of Work

A. Work Product. Any material, report or product, whether in electronic or paper form, that results from the execution of this Contract shall be the sole property of the City. The Contractor shall not copyright any material or reports. Upon request, the Contractor shall turn over all work papers and related documents to the City.

B. City Property. Any data or material with which the City furnishes the Contractor shall…