Attachment Five - Protest Bond Form.pdf

Virginia Lottery Protest Bond

KNOW ALL MEN BY THESE PRESENTS:

That ____________________________________________________________ (“Principal”) (insert legal name of the Offeror – should match name on RFP Response) whose principal place of business is ______________________________________________, (insert street address) and ________________________________________ (“Surety”), whose principal place of business is

___________________________________________________________________________, are held (insert street address) and firmly bound unto the Virginia Lottery and the Commonwealth of Virginia,)

(“Obligee”), in the amount of ______% of the total proposal by Principal (the Proposal Guarantee) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, in response to RFP No. ______________, Principal has submitted a proposal to Obligee dated ____________, 202__ for _________________________________________________ (the “Proposal”), (insert brief description of proposal) which Proposal is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is as follows: This Protest Bond shall guarantee that if the Principal, after the administrative hearing process and/or any appellate court proceedings regarding the protest, shall satisfy all costs, expenses, attorney’s fees, and charges incurred as a result of said protest and allowed by final order and/or judgment, and interest thereon, in the event the Obligee prevails, then the obligation shall be null and void; otherwise it shall remain in full force and effect, The Obligee may bring an action in a court of competent jurisdiction on this bond for the amount of such liability, including all costs and attorney’s fees to bring such action. Principal and Surety shall jointly and severally be liable to the Obligee for the amount of the Proposal Guarantee.

The Surety represents to the Principal and the Obligee that it is legally authorized to provide these services in the Commonwealth of Virginia.

This Protest Bond shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect hereto shall be brought in the courts of the Commonwealth.

Signed and sealed this ___ day of _________, 20__.

______________________(SEAL)

Principal ______________________________________ By:___________________________

Witness Title: _________________________

______________________(SEAL)

Surety

By:_________________________ Attorney-in-Fact

Typed Name:________________

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH/STATE OF ________________________________

CITY/COUNTY OF ________________________________________

I, the undersigned notary public, hereby certify that ________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is signed to the foregoing protest bond in the amount of ___% of the total bid amount, which is dated ___________, 202___ and which names the Virginia Lottery and the Commonwealth of Virginia, ________________________ as Obligee, personally appeared before me today in the above jurisdiction and, being duly sworn, stated that s/he is the attorney-in-fact of ______________________, a ________________ corporation which is the Surety in the foregoing bond, that s/he is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the power of attorney that is dated ___________ and attached hereto, and that on behalf of the above Surety, s/he executed the foregoing bond and acknowledged the foregoing bond before me as the above Surety’s act and deed. S/he has further stated under oath before me at this same time and place that the attached power of attorney has not been revoked and that s/he has not and had not, at the time of signing and delivering the bond or doing any other act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death, disability or otherwise, or notice of any facts indicating the same.

Given under my hand this __ day of _______, 20__.

__________________________________(SEAL)

Notary Public

Print name: ________________________

My commission expires: ______________________