Comprehensive Communication Support Services _F.pdf

Spotsylvania County Schools Procurement Office 8020 River Stone Drive Fredericksburg, VA 22407 Phone: 540-834-2500 Fax: 540-834-2559

Request for Quotes

Quote Number 09042026-1000

TITLE Comprehensive Communication Support Services

ISSUE DATE August 27, 2026

PURCHASE OFFICER Dawn Heflin, VCA EMAIL ADDRESS dheflin@spotsylvania.k12.va.us

PHONE 540-834-2500 FAX 540-834-2559

SOLICITATION

DUE DATE

Quotes Will Be Received Until September 4, 2026 @ 10:00 AM Eastern Standard Time (EST) for providing the services described herein.

SERVICE(S)

LOCATION

Spotsylvania County Public Schools (herein referred to as “SBCS”)

CONTRACT

TERM

Contract Term: An initial contract of one year is anticipated, beginning date of award. SBCS reserves the right to renew the agreement for additional successive terms or until the total contract spend reaches $199,999.99, whichever occurs sooner.

QUOTE

SUBMISSION

Submit electronic quotes as follows: Electronic quotes shall be submitted via email to dheflin@spotsylvania.k12.va.us Quotes shall be received by Spotsylvania Schools by the due date and time specified in this document.

METHOD OF

AWARD

SBCS intends to award this quote to a single Firm based on lowest price and best value combined.

RENEWALS Upon a determination by SBCS to renew this contract for an additional term, written notification will be given to the Contractor. Prior to the expiration date of the initial contract or any subsequent renewal, the Contractor may request price adjustments to be effective during the upcoming contract period. Price increases may be negotiated only at the time of renewal. If SBCS elects to exercise the option to renew the contract for an additional renewal term, the contract price(s) for the renewal term shall not exceed the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Other Services, not seasonally adjusted (Series ID CUUR0000SAS367), as published by the U.S. Bureau of Labor Statistics for the previous renewal period for which statistics are available.

TERMS &

CONDITIONS

This quote is subject to the provisions of the Spotsylvania Public School General Terms and Conditions attached and any addenda, attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this quote in their entirety. If not attached, a copy of these terms and conditions is available for review at the Procurement Office. Special Terms and Conditions and Specifications attached shall also be part of your Quote.

By executing this quote cover sheet, Firm acknowledges that they have read this quote, understand it, and agree to be bound by, SBCS’s general terms and conditions. The undersigned Firm hereby offers and agrees to furnish all goods and services required by this quote and certifies that all information it has provided in response to this quote is true, correct, and complete.

FIRM INFORMATION

Name of firm: Date:

Address of firm: ZIP:

By (signature in ink):

Name (print): Title (print): Phone:_______________________

Email address: _______________ State Corporation Commission Number: ______________________________

(FIRM MUST HAVE AN ACTIVE/CURRENT SCC NUMBER ON FILE AT THE TIME OF QUOTE SUBMISSION)

In accordance with Virginia Code § 2.2-4343.1, as amended, Spotsylvania Public Schools does not discriminate against faith-based organizations.

SBCS does not discriminate against any Firm because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law.

** MUST RETURN THIS FORM WITH QUOTE**

mailto:dheflin@spotsylvania.k12.va.us mailto:dheflin@spotsylvania.k12.va.us

Table of Contents

A. BACKGROUND

B. SUBMITTAL

C. AWARD

D. SCOPE OF WORK

ATTACHMENTS A through E

NOTE TO PROSPECTIVE FIRMS:

● By submitting a Quote, the Firm:

o Agrees to abide by all conditions of this quote and certifies that the Firm is authorized to sign this Quote;

o Certifies that the accompanying Quote is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Virginia Code § 18.2-498.1, et seq. Furthermore, the Firm understands that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and o Certifies that the accompanying Quote is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100, et seq.). Specifically, without limitation, no County employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and that the accompanying quote is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (Virginia Code § 2.2-4367, et seq.), and any other applicable law as set forth therein.

● Please note the meaning of the following terms as used in this document:

The term “Firm” as referenced in this solicitation refers to the individual or firm preparing and submitting a Quote in response to this Invitation for Bids. The term “Contractor” or “contractor” or “Firm” refers to an individual or firm that has entered into an agreement to provide goods or services to Spotsylvania Public Schools, Virginia, herein referred to as “SBCS”.

In addition, “Firm” or “Contractor” also refers to a firm who, when awarded the contract, will be responsible for the good and services required, as a result of this solicitation.

A. BACKGROUND

Spotsylvania County Public Schools (SCPS) is centrally located between Richmond and

Washington, D.C. SCPS provides educational services to approximately 24,000 students across its schools and educational facilities.

B. SUBMITTAL

Firms shall submit the completed quote and all required documents, including qualifications, relevant experience, proposed personnel, references, and pricing, through eVA by the due date and time stated in the solicitation. Questions regarding this quote shall be directed to the

Purchase Officer identified on the cover page.

A Firm shall not include or submit forms or agreements requiring SCPS signature with its quote.

Modifications of or additions to SCPS General Terms and Conditions may result in a quote being deemed non-responsive.

C. AWARD

SCPS intends to award this quote to a single or multiple Firm(s) based on lowest price and best value. Factors may include the Firm's ability to meet or exceed the requested services;

qualifications and relevant K-12 communications experience; proposed personnel; approach and availability; references; and price. SCPS may cancel this quote or reject any quote at any time prior to award.

D. SCOPE OF WORK

Spotsylvania County Public Schools seeks a qualified and experienced K-12 communications firm to provide comprehensive communication support services. The initial engagement will focus on a communications audit and planning process to enhance existing communication and engagement strategies. The selected Firm will support the division's communications and engagement with stakeholders. Interested Firms are invited to submit quotes detailing their qualifications, relevant experience, approach, and pricing for the services outlined below.

1. Communication Planning

Support the existing communications plan strategies through a process involving internal and external stakeholders.

2. Content Creation

Provide written content including, but not limited to, social media, news releases, letters, blog posts, newsletters, and parent messages.

Proofread and edit existing materials as needed.

3. Graphic Design

Create marketing collateral such as one-pagers, fact sheets, brochures, mailers, display boards, social media materials, and other materials.

4. Digital Video Production

Assist with creating professionally scripted, edited, and produced videos.

Combine in-house footage with professional editing.

5. Surveys and Focus Groups

Conduct surveys and focus groups to establish baseline data, gather stakeholder input, and improve engagement.

6. Websites

Provide content updates to the division's website, with a weekly limit of five (5) hours.

Conduct website audits to ensure links are not broken, information is not outdated, and content is ADA compliant.

Provide ADA-compliant support for website documents.

7. Crisis Communication

Offer 24/7/365 crisis communication support to manage urgent situations effectively.

8. Branding/Logo Development

Assist with rebranding initiatives, including logo design and creation of a style guide for departments and schools, as needed.

9. Administrator Coaching

Provide communications coaching and support for the Superintendent, principals, and other division leaders.

10. Translation Services

Translate content into multiple languages, with up to 5,000 words per month.

11. Budget Planning Process Campaign

Develop and execute a campaign including, but not limited to:

Superintendent community roundtable facilitation and materials;

Social media content and graphics;

Website content;

Flyer or fact sheet;

Infographics;

Brochure;

News releases;

Postcard mailer;

Signage/billboards;

Video production;

Radio ad script; and

TV ad.

E. QUOTE RESPONSE / QUALIFICATIONS

To support SCPS's best-value review, Firms shall provide the following with their quote:

A brief description of the Firm and its experience providing communications services to K-12 school divisions or comparable public-sector organizations.

Examples of relevant projects or work products demonstrating experience with the services included in the Scope of Work.

Identification of the proposed project manager and other key personnel, including resumes or summaries of relevant experience.

At least three references for similar work, including organization name, contact person, email address, and telephone number.

A description of the Firm's proposed approach to providing the requested services, including availability and response capabilities for crisis communications.

Completed pricing information as requested in Attachment A.

F. POSTING

Public notice of the award or announcement of the decision to award will be provided by SCPS in accordance with applicable procurement requirements and SCPS procedures.

ATTACHMENT A – QUOTE / PRICING FORM

Firms shall provide pricing sufficient for SCPS to evaluate the anticipated cost of the services.

Pricing should include all labor, overhead, administrative costs, travel, materials, and other costs necessary to perform the proposed services unless specifically identified otherwise.

Service Area Pricing Basis Price

Communication Planning ________________ $________________

Content Creation ________________ $________________

Graphic Design ________________ $________________

Digital Video Production ________________ $________________

Surveys and Focus Groups ________________ $________________

Website Services (up to 5 hours/week)

Crisis Communication – 24/7/365 Support

Branding/Logo Development ________________ $________________

Administrator Coaching ________________ $________________

Translation Services (up to 5,000 words/month)

Budget Planning Process Campaign

Proposed all-inclusive / not-to-exceed amount (if applicable): $____________________________

Hourly rate for additional services, if applicable: $________________ per hour

Project Manager Name: ______________________________________________________________

Project Manager Title: _______________________________________________________________

Project Manager Email: ______________________________________________________________

Firm / Company Name: ________________________________________________________________

Attach any additional pricing schedule or assumptions necessary to explain the proposed pricing.

THIS ATTACHMENT MUST BE COMPLETED AND SUBMITTED WITH THE QUOTE.

ATTACHMENT B

SCHOOL BOARD OF THE COUNTY OF SPOTSYLVANIA

CERTIFICATE OF COMPLIANCE INVOLVING CRIMES AGAINST CHILDREN

Contractor acknowledges that the implementation of this contract requires Contractor and Contractor’s employees to have direct contact with Spotsylvania County Schools’ students.

Therefore, Contractor hereby certifies that neither Contractor or subcontractors nor, to the best of Contractor’s knowledge, its employees who will have such contact, have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

For the purposes of this certification, "direct contact with students" means being in the presence of students on school property during regular school hours or during school sponsored activities.

Contractor understands that, pursuant to Code of Virginia §22.1-296.1(C), making a materially false statement in this Certification is a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Spotsylvania County Public Schools shall not be liable for materially false statements regarding the certifications required under this Contract.

We agree that we will not hire any person whose background check reveals that they have been convicted of a felony, a class 1 misdemeanor, a crime of moral turpitude (lying, cheating or stealing), or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. We also agree that, after specific inquiry of any potential employee, we will not hire any person for this contract who has been the subject of a founded case of child abuse and neglect.

Company Name

Print Name Title

Signature Date

This attachment MUST be filled out and submitted with your quote to be considered

ATTACHMENT C

INSURANCE SPECIFICATIONS

Spotsylvania County Schools

The Successful Firm shall carry Liability Insurance in the amount specified below, including contractual liability assumed by the Successful Firm, and shall deliver a Certificate of Insurance from carriers licensed to do business in the Commonwealth of Virginia. The Certificate shall show School Board of the County of Spotsylvania (herein referred to as SBCS), named as an additional insured for the Commercial General Liability coverage and the Commercial Excess/Umbrella coverage. The coverage shall be provided by a carrier(s) rated not less than “A-“ with a financial rating of at least VII by A.M. Bests or a rating acceptable to the SBCS. In addition, the insurer shall agree to give the Procurement Manager at SBCS, 30 days’ notice of its decision to cancel coverage anytime during the contract period or renewal periods. Each renewal period, the Contractor shall send updated certificates of insurance with the corresponding coverage dates of the renewal period.

WORKERS’ COMPENSATION:

Statutory Virginia Limits Employers’ Liability Insurance - $100,000 for each Accident by employee

$100,000 for each Disease by employee $500,000 policy limit by Disease

COMMERCIAL GENERAL LIABILITY – COMBINED SINGLE LIMIT:

$1,000,000 each occurrence including contractual liability for specified agreement $2,000,000 General Aggregate (other than Products/Completed Operations) $2,000,000 General Liability-Products/Completed Operations $1,000,000 Personal and Advertising injury $ 100,000 Fire Damage Legal Liability $1,000,000 Abuse and Molestation Coverage

COMMERCIAL:

Excess/Umbrella Liability $5,000,000 per occurrence

NOTE 1: The commercial general liability insurance shall include contractual liability. The contract documents include an indemnification provision(s). The School Board of the County of Spotsylvania makes no representation or warranty as to how the Successful Firm’s insurance coverage responds or does not respond. Insurance coverages that are unresponsive to the indemnification provision(s) do not limit the Successful Firm’s responsibilities outlined in the contract documents.

NOTE 2: The intent of this insurance specification is to provide the coverage required and the limits expected for each type of coverage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the School Board of the County of Spotsylvania. This policy shall be endorsed to be primary with respect to the additional insured.

NOTE 3: Title 65.2 of the Code of Virginia requires every employer who regularly employs three or more full-time or part-time employees to purchase and maintain workers' compensation insurance. If you do not purchase a workers’ compensation policy, a signed statement is required documenting that you are in compliance with Title 65.2 of the Code of Virginia.

NOTE 4: The Certificate Holder Box shall read as follows:

School Board of the County of Spotsylvania 8020 River Stone Drive Fredericksburg, VA 22407

INSURANCE REQUIREMENTS MUST BE SUBMITTED WITH QUOTE

ATTACHMENT D

STATE CORPORATION COMMISSION FORM

This form must be completed and returned with the proposal. SCC must be active and on file at the time of submission.

Virginia State Corporation Commission (“SCC”) registration information: The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

-OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of- state location)

-OR-

is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles

13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: ______________________________ Date: ______________________

Printed Name and Title: _______________________

Name of Firm:

Spotsylvania County Schools - GENERAL TERMS AND CONDITIONS AND REQUIRED SPECIAL TERMS AND

CONDITIONS/FEDERAL PROCUREMENT STANDARDS: (Revised 4/27/2026)

These General Terms and Conditions shall apply to all purchases and be a part of every contract awarded by SBCS unless otherwise specified in writing. Bidders/Offerors, or their authorized representatives, are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals.

These General Terms are subject to all Federal, State, and local laws, SBCS policies, regulations and rules. Bids/Proposals submitted by Contractors to SBCS and all contract awards made by SBCS will bind Bidders/Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. SCHOOL DIVISION LEGAL STATUS: The school board is a corporate body whose official title is “The School Board of the County of Spotsylvania” herein referred to as SBCS.

2. ADDENDA: Any changes or supplemental instructions to a solicitation, shall be in the form of written addenda.

Most addenda are included with each solicitation. Each bidder/offeror is responsible for obtaining all addenda posted on the Purchasing Department website, or on eVA https://eva.virginia.gov/ . Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each addendum, signed by the bidder/offeror. Failure to do so, may result in rejection of the solicitation. All addenda issued shall become part of the solicitation and all resulting contract documents.

3. ANTI-DISCRIMINATION: By submitting their bid/proposal, the Bidder/Offeror certifies to SBCS that it will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, the Virginians with Disabilities Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and all other federal or state anti-discrimination laws, including Section 2.2-4311 of the Virginia Public Procurement Act (VPPA). Neither the public body's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by SBCS (Code of Virginia, Section 2.2-4343.1E.).

In every contract over $10,000, the provisions in 2.1. - 2.3 below apply:

During the performance of this contract, the Contractor agrees as follows:

a. 2.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by 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.

b. 2.2 The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 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;

https://eva.virginia.gov/

c. 2.3 The Contractor will include the provisions of 2.2 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

4. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to SBCS all rights, title and interest in and to all causes of the 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 goods or services purchased or acquired by SBCS under said contract.

5. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including, but not limited to, the Code of Virginia, Virginia Public Procurement Act (VPPA), and any litigation with respect thereto shall be brought in the state courts of the Commonwealth of Virginia. The Contractor shall comply with applicable federal, state and local laws and regulations, and be legally authorized to do business in the Commonwealth of Virginia.

6. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of SBCS and other participating jurisdictions. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of SBCS, nor shall it be construed as giving any rights or benefits hereunder to anyone other than SBCS and Contractor.

7. AUTHORITY: The Superintendent, or his designee, has the responsibility and authority for issuance of Invitations to Bid, Requests for Proposals, negotiations, placing and modifying invitations, requests, purchase orders and awards issued by and for SBCS. In the discharge of these responsibilities, the Superintendent may be assisted by delegating to the Purchasing Agent or other staff member(s). No other School Board officer or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate the School Board for any indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and the School Board shall not be bound thereby.

8. AVAILABILITY OF FUNDS: The continuation of the terms, conditions, and provisions of a resulting contract or renewal beyond June 30 of any year, or at the end of the SBCS fiscal year, are subject to appropriation by The School Board of the County of Spotsylvania and the necessary money to fund said contract for each succeeding year. In the event of non-appropriation of funds, the contract will be terminated for convenience, without penalty and with no recourse for the Contractor.

9. BID/PROPOSAL ACCEPTANCE PERIOD / RESULTS / WITHDRAWAL: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. The procedures for withdrawal of bids hall be in accordance with Section §2.2-4330 of the Code of Virginia, 1950, as amended. The bidder shall give notice in writing to the Procurement manager of bidder’s claim of right to withdraw its bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original papers with such notice. The work papers, documents and materials shall, at bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of the Code of Virginia §2.2-4342, as amended. Within five (5) business days, SBCS will notify the bidder in writing of its decision. If SBCS denies the withdrawal of bid under provisions of the Code of Virginia §2.2-4330, as amended, it shall state in such notice, the reasons for its decision and award the contract to such bidder at the price provided, SBCS will return all work papers and copies thereof to the bidder. If the bid/proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Bid/proposal results are posted on the Purchasing Department website or available upon request.

10. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

The parties may agree to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. SBCS may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation.

The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give SBCS a credit for any savings. Said compensation shall be determined by one of the following methods:

By mutual agreement between the parties in writing; or

By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to SBCS’ right to audit the Contractor’s records and/or determine the correct number of units independently;

or

By ordering the Contractor to proceed with the work and keeping a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present SBCS with all vouchers and records of expenses incurred and savings realized. SBCS shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Department within thirty (30) days from the date of receipt of the written order from SBCS to proceed. If the parties fail to agree on an amount of adjustment, the questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for relieving disputes provided by the Disputes Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered, in writing, by SBCS or with the performance of the contract generally.

No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater, without the advanced written approval of the School Board, as applicable.

11. CLARIFICATION OF TERMS: If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder /Offeror shall contact the Purchasing Official whose name appears on the face of the solicitation no later than the date/time stated in the in solicitation for the receipt of questions. Any revisions to the solicitation will be made only by a written addendum issued by the Purchasing Official.

12. CONDITION OF ITEMS: All items shall be new, and in first class condition, including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

13. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part unless the solicitation specifically permits conditional bids.

14. CONFLICT OF INTEREST: The Bidder/Offeror certifies by signing the bid/proposal submitted in response to this solicitation that no conflict of interest exists between the Bidder/Offeror and SBCS that interferes with fair competition and no conflict exists between the Bidder/Offeror and any other person or organization that constitutes a conflict of interest with respect to the contract and SBCS.

15. CONTRACT AWARD: The award(s) made in response to an IFB will be made to the lowest responsive and responsible Bidder(s) for each item, or group of related items indicated in the Pricing Schedule. If the bid from the lowest responsible bidder exceeds available funds, SCPS may negotiate with the apparent low bidder to obtain a contract price within available funds as permitted by Section 2.2-4318 of the Code of Virginia. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by SBCS for this contract prior to the issuance of the written Invitation for Bid.

Negotiations with the low bidder may include both modifications of the bid price and the Scope of the Work/Specifications to be performed, using the procedures set forth in SBCS Regulation DJ-R1. The award(s) made in response to an RFP will be made to the highest qualified Offeror whose proposal is determined, in writing, to be the most advantageous to SBCS taking into consideration the evaluation factors set forth in the RFP. Delivery time lines shall be a factor in making an award. SBCS reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by SBCS to be in its best interest. SBCS reserves the right to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of SBCS to be in its best interest. SBCS reserves the right to make the sole determination of whether the model and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications attached. SBCS’s decision shall be final.

16. CONTRACT DOCUMENTS: The Contract entered into by the parties shall include this Invitation For Bid/Request for Proposal, the signed bid/proposal submitted by the Contractor, the Notice of Award or Purchase Order/Contract, the General and Special Terms and Conditions, the Certificate of Compliance Involving Crimes Against Children, the listed Specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

17. CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS: Contractor agrees, by its provision of goods or services to SBCS in accordance with the purchase order/contract, that if it is a corporation, limited liability company, business trust or limited partnership, or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth as required by Section 2.2-4311.2 of the Code of Virginia.

It further agrees that it shall not allow its existence to lapse or its certificate or authority or registration to transact business in Virginia to be revoked or cancelled during the term of the contract.

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

A claim to SBCS must be initiated by the filing of a Notice of Claim to the attention of the Purchasing Department within the time limits prescribed. It is not sufficient that Notices of Claim be postmarked within the time limits.

The Notice must actually be delivered within the time limits. The party noticing the claim assumes whatever risks are inherent in the selected method of delivery.

The Notice must be in writing and state:

a. That a claim is being filed;

b. The decision related to which the claim is being made;

c. The contract number and other identification of the contract;

d. The basis for the claim; and

e. The relief sought.

SBCS shall render a decision in writing within sixty (60) days. A Contractor may not invoke administrative procedures, or institute legal action prior to receipt of the SBCS decision on the claim, unless SBCS fails to render such decision within the specified time.

The decision of SBCS shall be final and conclusive unless the Contractor appeals within six (6) months of the date of the final decision on the claim by SBCS by invoking administrative procedures meeting the standards of VPPA

§2.2-4365, or in the alternative by instituting legal action as provided in VPPA §2.2-4364.

19. COPYRIGHTS OR PATENT RIGHTS: The bidder/offeror certifies by submission of a bid/proposal, that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services ordered or shipped as result of any solicitation. The Contractor shall, at his/her own expense, (1) pay all royalties and license fees necessary for performance of the contract; and (2) defend any and all actions or suits charging such infringement of any patent rights or any other proprietary rights arising from, or related to, performance of the resulting contract and shall defend and hold SBCS and its officers, employees, and agents harmless from any and all liability, loss or expense, including attorneys’ fees, incurred by any violation, or alleged violation.

20. DEBARMENT STATUS: By submitting their bid/proposal, the Bidder/Offeror certifies that it is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded as defined in 2 CFR Part 180 and 2 CFR Part 200, by the Federal Government, Commonwealth of Virginia, or any local government or public body…, from submitting bids/proposals on contracts for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Federal Government or Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor. The School Division reserves the right to verify debarment status at any time prior to award or payment.

21. DEFINITIONS:

a. INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the solicitation, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured

b. PROFESSIONAL SERVICES: Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, professional engineering or any other profession which the Virginia General Assembly has so classified.

c. PUBLIC BODY: Any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty and empowered by law.

d. RESPONSIBLE BIDDER/OFFEROR: A person who has the capability, in all respects, to perform fully the contract requirements and moral business integrity and reliability which will assure good faith performance, and who has been pre-qualified, if required.

e. RESPONSIVE BIDDER: means a person who has submitted a bid that conforms in all material respects to the solicitation.

22. DRUG-FREE WORKPLACE: By submitting their bid/proposal, the Bidder /Offeror shall in accordance with Section 2.2-4312 of the VPPA agree to maintain a drug-free workplace.

In every contract over $10,000 provisions 20.1 – 20.4 below shall apply. During the performance of this contract, the Contractor agrees to:

a. 22.1 Provide a drug-free workplace for the Contractor’s employees.

b. 22.2 Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

c. 22.3 State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace.

d. 22.4 Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with the VPPA, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

23. ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit bid/proposed price will govern. Erasures in bids/proposals must be initialed by the Bidder/Offeror. Carelessness in quoting prices, or in preparation of bids/proposals will not relieve the Bidder/Offeror. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors. Errors discovered after public opening cannot be corrected and the Bidder/Offeror will be required to perform if his/her bid/proposal is accepted.

24. ETHICS IN PUBLIC CONTRACTING: By submitting their bid/proposal, Bidders/Offerors certify that their bid/proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, 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.

25. EXHAUSTION OF ADMINISTRATIVE REMEDIES: No potential Bidder/Offeror or Contractor shall institute any legal action until all administrative remedies available under this solicitation and resulting contract have been exhausted and until all statutory requirements have been met.

26. EXAMINATION OF RECORDS: The Contractor agrees that in any contract resulting from this solicitation, SBCS or any duly authorized representative shall, until the expiration of three (3) years after final contract payment, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to the contract.

The period of access provided in the paragraph above for records, books, documents, and papers which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any resulting contract or any contracts with vendors shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of.

27. EXTRA CHARGES NOT ALLOWED: The bid/proposal prices shall be for the complete delivery ready for SBCS use, and shall include all applicable freight charges; extra charges will not be allowed for shipment to multiple locations.

28. FAILURE TO DELIVER: Failure to comply with the terms and conditions of this solicitation or to deliver goods and/or services identified in the solicitation and resulting contract at the firm fixed prices quoted will be considered default of the contract award. Should the contractor fail to deliver an order at the time specified, or within a reasonable period of time thereafter, as determined by the Purchasing Official, or should the contractor fail to make timely replacement of rejected items when so requested, SBCS may purchase items of comparable quality in the open market to replace the rejected or undelivered items. The contractor shall reimburse SBCS for all costs above the contract price when purchases are made in the open market. This remedy shall be in addition to any other remedies which SBCS may have.

29. FINANCE/INTEREST CHARGES: Finance and/or interest charges imposed by the Contractor on any invoice shall not be paid by SBCS.

30. FELONY CONVICTIONS OR SEXUAL ABUSE: Contractor acknowledges and certifies that all employees of Contractor and sub-contractors performing work on school division property or property being used by the school division, are not convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. The contractor further acknowledges and certifies that it understands that allowing any person subject to the direct or indirect control of Contractor to perform work or enter on school division property if such person has been convicted of such a crime, constitutes a breach of contract and may result in default action being taken by SBCS in addition to any criminal penalties that may result from such breach or conduct.

31. GOVERNING LAW: This contract shall be governed by the law of the Commonwealth of Virginia. Any legal action relating to this contract shall be brought in the state courts of the Commonwealth of Virginia without exception.

32. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bid/proposal, Bidders/Offerors certify that they do not and will not during the performance of this contract employ any unauthorized alien or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

33. INCLEMENT WEATHER: Due to inclement weather conditions, SBCS may elect to close or delay the opening of schools and administration offices.

In the event of a delayed school opening, all times shall remain as stated in the solicitation.

In the event that Spotsylvania County Public Schools close on a CODE ZERO or CODE ONE, any Optional/Mandatory Pre-bid/proposal Conference and all Bid Openings/Proposal Receipts will be held on the next business day the Spotsylvania County Public Schools experience a normal opening or a delayed opening at the time previously scheduled. No exceptions will be made in this matter.

34. INDEMNIFICATION: The Contractor shall defend, indemnify, save and hold harmless SBCS, its officers, agents, employees, volunteers and participating jurisdictions against and from any and all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs of investigation, attorneys’ fees, cost of appeals arising out of any such claims or suits, and other expenses which may otherwise accrue against SBCS in consequence of the granting of a contract or which may or otherwise result in connection with work therefrom, if it shall be determined that the act was caused through negligence, omission or commission of the Contractor, including its agents, subcontractors, employees, and volunteers. The Contractor expressly understands and agrees that any performance bond or insurance shall in no way limit the responsibility to defend, indemnify, keep and save harmless SBCS as herein provided. Furthermore, it is understood and agreed that the Contractor is at all times herein acting as an independent contractor.

35. INSURANCE: By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will have Workers’ Compensation insurance and Commercial General Liability Insurance in effect with the below-stated limits. Limits of the Workers’ Compensation insurance shall be established as required by the Workers’ Compensation Act of Virginia. Additionally, it will maintain this during the entire term of the contract and certifies that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, SBCS reserves the right to require the Contractor to furnish certificates of insurance for the coverage required by SBCS and the Commonwealth. Commercial General Liability - $1,000,000 per occurrence. Commercial General

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The School Board of the County of Spotsylvania must be named as an additional insured and so endorsed on the policy.

Automobile Liability - $1,000,000 per occurrence.

36. INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted in duplicate by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall reference said purchase order/contract number and shall be in the same legal name of the Contractor as indicated on the Contract.

37. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous Substances” as defined by Section 1261 of Title 15 of the United States Code (U.S.C.), then the Bidder/Offeror, by submitting their bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the Bidder/Offeror does not violate any of the prohibitions of Title 15 of the U.S.C. or Section 1263.

38. LATE BIDS – RECEPIT OF BIDS/PROPOSALS: To be considered for selection, bids/proposals must be received by the SBCS Administrative Office by the designated date and hour. The official time used in the receipt of bids/proposals is local prevailing eastern standard Verizon time. Bids/Proposals received in the SBCS Administrative Office after the date and hour designated are non-responsive, automatically disqualified, and will not be considered.