DW Copier RFP for FY25.pdf

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Provide Request for Proposal (RFP)

For Waynesboro Public Schools RFP-24-02 Copier Lease Agreement

TABLE OF CONTENTS

Page Number

Request for Proposal (RFP) 2

General Information 3-4

Submittal Requirements 5

Specifications and Technical Requirements 6-8

Terms 8

Procurement Guidelines 9-10

Schedule A – Location and Copier Type 11-12

Pricing Information Sheet 13

Non-Discrimination Statement 14

General Terms and Conditions 15-23

Special Terms and Conditions 24-25

Attachment A 26

Attachment B 27

Attachment C 28

Attachment D 29

Attachment E 30

Attachment F 31

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April 12, 2024

Request for Proposal RFP-24-02, Copier Lease Agreement

The Waynesboro Public Schools, Waynesboro, Virginia, herein called the Owner, invites RFPs from all responsive, responsible bidders on the attached bid form for:

Copier Lease Agreement

Inquiries and requests regarding this RFP should be directed to:

Mr. DeWayne Moore, Executive Director of Operations

Waynesboro Public Schools 301 Pine Avenue Waynesboro, Virginia 22980 540-946-4600 ext. 129 (phone)

540-946-4613 (FAX)

dmoore@waynesboro.k12.va.us

Sealed proposals and bids must be clearly marked and delivered no later than

2:00 p.m. on May 9, 2024

TO: Waynesboro Public Schools RFP-24-02, Copier Lease Agreement DeWayne Moore 301 Pine Avenue Waynesboro, Virginia 22980

All responses MUST, at a minimum, include Pricing Information Sheet (page 13) and Attachments A-F (pages 26-31).

Please note that all proposals must be received at the designated location by the stated deadline. Late proposals will not be considered and shall be considered void and unacceptable. After the deadline, proposals will be evaluated for this RFP. Not all proposal information is considered public, and only the final contract and costs of award will be available to the public. No proposal information will be shared until after the award.

Waynesboro Public Schools reserves the right to reject any and all bids and to waive informalities or irregularities in the best interest of the School Board. Waynesboro Public Schools reserves the right to award in part or in total, whichever is deemed to be in the best interest of the school division.

mailto:dmoore@waynesboro.k12.va.us

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SECTION 1—GENERAL INFORMATION

1.1 – Background

Waynesboro Public Schools is located in the Shenandoah Valley of Virginia. We have one Pre-K Center, four elementary schools, one middle school, one high school, a CTE building, a STEP Learning lab and a division administration office. Total enrollment for the division is approximately 3,050 students and the school system employs approximately 540 people.

1.2 – Intent of the RFP

Waynesboro Public School (WPS) seeks bids for the lease of multi-function copiers to be used throughout the division. Acceptable solutions must include user-friendly functionality, replenishment of supplies, and service of equipment. Leased machines will be right-sized and deemed appropriate by WPS.

It is the intent of this Request for Proposal (RFP) to provide bidders with sufficient information to prepare a proposal. The response should include all equipment and total “walk-away” pricing information. Technical specifications and requirements are detailed in Section 3.

Bidders will work with WPS staff to have complete installation of all machines no later than September 1, 2024. The initial contract period will run from the date of installation through June, 2026.

Our goal is to provide multi-function machines to staff members throughout the division in order to support the mission, vision, and beliefs of WPS.

1.3 - Evaluation Criteria

Selection will be based upon technical quality, project management, costs, and system features. The evaluation criteria will consider the following factors:

1. Bidder's total proposed price.

2. Product quality/appropriateness/compatibility/performance.

3. Bidder's qualifications/experience.

4. Bidder's support/service.

5. Bidder's warranty/maintenance.

6. Proposed product meeting the division’s present needs as well as future needs through enhancements and upgrades.

7. Quality of previous work done for Waynesboro Public Schools.

Waynesboro Public Schools reserves the right to seek clarification of any or all bidders in order to assist in the evaluation process. To assist Waynesboro Public Schools, the award evaluation criteria is based on, but not limited to, the following:

1. All specification terms and conditions as outlined in the RFP are complied with and met.

2. Suitability of proposed solution with respect to the division’s needs and objectives.

3. Bidder participation and responsibility clearly defined.

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4. The participation and responsibilities of Waynesboro Public Schools are clearly defined.

5. Hardware and peripheral product quality and content including, but not limited to, durability, performance, integration, serviceability, warranty, maintenance, meets or exceeds industry standards, and fulfillment of criteria specified in this RFP.

6. Bidder's service and support hours clearly defined including address of area maintenance service location.

7. Due to technical nature of the equipment, bidder has addressed all applicable future system use, future expansion possibilities, and possible upgrading.

8. Price of proposal including, but not limited to, individual system pricing, (see Schedule A), cost/copy, upgrades/downgrades pricing, installation support, warranty support, training, and any other relevant options with associated pricing.

9. Experience and/or references of the company submitting proposal.

10. Submission of satisfactory reference checks with proposal.

11. Installation procedures clearly defined, if applicable.

12. Bidder agrees to provide an on-site proof of concept at no cost if requested.

13. Acknowledgement in writing that any software will be licensed for Waynesboro Public Schools.

1.4 - Contract Negotiation

Waynesboro Public Schools reserves the right to negotiate with any company/supplier submitting a response to alter, clarify, or further enhance the company's proposals and/or any contract arising out of the acceptance of the response. In the evaluation of the proposal, the pricing submitted will be considered the best and final pricing.

1.5 – Bid Process Presentation

In order to receive further clarification of proposals, WPS reserves the right to schedule on site presentations for bidders identified for final consideration in the selection process.

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SECTION 2 – SUBMITTAL REQUIREMENTS

2.1 – Company Experience and/or References

Waynesboro Public Schools reserves the right to fully investigate the qualifications of any bidder(s) based on references supplied and publicly available information.

Bidder(s) are encouraged to supply evidence of experience on projects of similar nature and/or magnitude listing: customer name, address, contact names, and telephone/fax numbers. The bidder(s) may also supply third party ratings to demonstrate their success in the IT marketplace.

The final selection vendors must provide:

1. Certificate of Insurance naming Waynesboro Public Schools as an additional insured.

2. HB 87 Immigration Affidavit (copies available to download).

2.2 – Confidential Material

Any material that is to be considered as confidential in nature must be clearly marked as such and will be treated as confidential by Waynesboro Public Schools to the extent allowable.

2.3 – Supplemental/Supporting Materials

Please include descriptive literature/brochures, if available, in the proposal. All user/owner/technical reference manuals should be included with and submitted upon delivery of equipment.

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SECTION 3 – SPECIFICATIONS AND TECHNICAL REQUIREMENTS

3.1 - Scope of Work

The total equipment included in this RFP includes 28 black and white copiers with a minimum print speed of 80 pages per minute and 1 color copier with a minimum print speed of 80 pages per minute (color and black and white). Details can be found in Schedule A.

It is the expectation of Waynesboro Public Schools that all multi‐function machines will be connected to the respective networks and that all employees will utilize them. Any software or hardware necessary for all employees to utilize all aspects of the equipment must be included in the proposal. The price given in the proposal should be “walk-away” pricing and must include all training, setup, labor, networking, parts, supplies

(excepting paper and staples), and installation. WPS must approve in writing all new equipment installations requiring any changes to monthly charges during the life of the contract.

WPS will provide standard 120v electrical service and network wiring for print devices and multi‐ function machines installed at the beginning of the contract. The vendor will be responsible for furnishing equipment adaptable to electrical outlets. Extensions or additional cords will not be added to the standard commercial length of the machine cord.

The awarded vendor shall be responsible for replacing the present equipment with minimal disruption to school operations. Total cost of delivery and installation of equipment must be included in the price submitted.

The vendor shall provide training on the use and daily upkeep of the equipment to personnel at each location and network training for the Technology Staff as required by WPS.

At the end of the lease, the vendor will be responsible for reclaiming all machines at no cost to WPS. The lease may be negotiable for an extension at the end of the lease period unless cancelled in writing by either party.

3.2 – Vendor Requirements

All proposed copiers must include the following:

• an easily accessible meter or other device to measure impressions

• equipment console display must signal the user of the need for paper, toner, developer, or of the occurrence of paper jams and/or misfeeds

• the user must have the ability to cancel the job

• controls should include exposure adjustments for print quality

• all copiers must have the capability of printing 11x17 copies.

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It will be the vendor’s responsibility to ensure that the equipment proposed for each location is capable of fitting into the space provided, and the voltage supply and electrical plug are adequate for the proposed machines. WPS will supply 120v power and network connectivity at all desired copier locations. Walk-throughs are encouraged and are available upon request.

3.3 – Maintenance

1. The vendor will be responsible for maintaining the copiers in good working order. Maintenance includes all parts, labor, toner, repairs and adjustments. The maintenance must be included in the proposed cost.

Response time for maintenance requests should be no greater than 4 hours. Loaner equipment must be provided if the original equipment cannot be repaired and restored to normal operating service within 48 hours.

2. WPS will not be responsible for damage as a result of equipment malfunctions.

3. The vendor will provide an address and phone number for service calls.

4. All parts supplied by the vendor will be original equipment manufacturer (OEM) for the term of the contract;

no generic parts will be allowed. The vendor will be responsible for keeping an adequate stock of supplies and repair parts to prevent unreasonable delays in productivity.

5. Should WPS require that a copier be relocated, the vendor will assist in the relocation of the machine within three (3) working days at no additional cost.

During the contract period, should the repair record of any copier reflect a downtime of 10% or more of the normal working days in 2 consecutive months, the equipment shall be replaced. The replaced copier will not be placed back into service with WPS.

3.4 – Supplies

The vendor will provide included supplies to WPS during normal business hours. No shipping and handling charges may be assessed for supplies or toner and supplies must be shipped within 24 hours of order.

3.5 – Functionality

Requirements of multi-function machines are detailed below and in Attachment A.

3.5.1 – Copying

Machines must be capable of copying documents at speeds listed in Schedule A. Additional required features of all machines include the ability to sort, stack, staple, hole punch, and duplex.

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3.5.2 – Scanning

Scanning capability is required on all devices placed in the school system. Vendor must provide a secure scanning solution with the ability to scan in the following editable file formats: Word, Excel, PDF, TIFF, and JPEG. The scanning feature will be included in the total cost.

All Multi‐Function Machines will have the ability to connect to scan to e‐mail using any of the file formats listed above.

Scanning functions should be configurable from the network and all devices should include a software package that allows for device management. The ability to scan in color is required for all color copiers. The vendor must include any software or hardware needed to complete the proposed scanning services in the total cost of the proposal.

3.5.3 – Network Printing

Each Multi‐Function Machine must be able to print documents at a minimum of 600 dpi and must be capable of invoicing network printing to specific users using unique codes. Proposals must note if a stand‐alone print server is required or if the device will function like other printers on the network. Any required hardware such as a print server or required software must be included in the proposed cost.

3.5.4 - Faxing

Copiers specified in Schedule A require the capability to send and receive faxes. Any software or hardware needed for this function must be included in the total cost of the proposal.

SECTION 4 – TERMS

The proposed pricing must provide an initial contract from installation to June 30, 2026, with the ability to renew on an annual basis for up to 4 years. All machines installed must be new digital machines with the latest technology. A new machine is defined as newly assembled for first-time use with new components. No refurbished equipment will be accepted and bids including such equipment will be immediately rejected.

The quoted per copy price must remain fixed for the initial term of the agreement. Pricing for black and white copies must be per copy and must be billed monthly at the contract rate. Waynesboro Public School will not be charged any property tax, usage tax, or document handling fees.

The initial contract period will run from the date of installation through June 30, 2026. With the ability to extend for an addition 4 one-year terms.

4.1 Termination of Contract

The annual contract may be renewed for up to four (4) additional annual periods of July 1 – June 30. Intent to cancel the contract must be no sooner than 180 days of the end of the contract and no later than 45 days of the end of the contract. Notice to renew the contract must be within 45 days of the end of the contract. If a

“cancellation notice” or “renewal notice” is not in place by July 1 of each subsequent year, the contract will continue on a monthly basis at the former contract rate.

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SECTION 5 - PROCUREMENT GUIDELINES

5.1 Competitive Negotiation

The procurement method is competitive negotiation as defined in Section 2.2-4301 of the Code of Virginia (1950) as amended. This Request for Proposal indicates, in general terms, the nature of the program and services being sought.

Each bidder is to submit the proposal(s) that best suits the needs of Waynesboro Public Schools.

The specific requirements for the contents of proposals are contained in the RFP. Bidders are encouraged to provide additional information not specifically identified as a requirement if that additional information enables the proposal to better suit the needs of Waynesboro Public Schools.

In order to procure the program that best suits the needs of Waynesboro Public Schools, the competitive negotiation process and evaluation criteria consider factors in addition to cost.

5.2 Awarding the Contract

The evaluation process shall be based upon the criteria identified in Section 1 of this Request for Proposals.

Waynesboro Public School shall engage in individual discussions with two or more bidders deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The bidders shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. The Request for Proposal shall not, however, request that bidders furnish estimates of man-hours or cost for services. At the discussion stage, Waynesboro Public Schools may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of price for services.

Proprietary information from competing bidders shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined herein, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, Waynesboro Public Schools shall select in the order of preference two or more bidders whose professional qualifications and proposed services are deemed most meritorious.

Negotiations shall then be conducted, beginning with the bidder ranked first. If a contract satisfactory and advantageous to Waynesboro Public Schools can be negotiated at a price considered fair and reasonable, the award shall be made to that bidder. Otherwise, negotiations with the bidder ranked first shall be formally terminated and negotiations conducted with the bidder ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should Waynesboro Public Schools determine in writing and in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that bidder.

Waynesboro Public Schools shall endeavor to award the contract within thirty (30) days from receipt of proposals.

Notice of award will be posted on Waynesboro Public Schools website at http://www.waynesboro.k12.va.us.

5.3 Public Inspection of Procurement Records

Proposals submitted shall be subject to public inspection only in accordance with Section 2.2-4342 of the Code of Virginia, which reads, in essence, as follows

2.2-4342 Public inspection of certain records:

Except as provided in this section, all proceedings, records, contracts, and other public records relating to procurement transactions 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.

http://www.waynesboro.k12.va.us/

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Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

Any competitive negotiation bidder, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that Waynesboro Public Schools decides not to accept any of the proposals and to reopen the contract.

Otherwise, proposal records shall be open to public inspection only after award of the contract.

Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

Trade secrets or proprietary information submitted by a bidder, bidder or contractor in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act; however, the bidder, bidder or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

5.4 Rejection of Proposals

Waynesboro Public Schools reserves the right, at any time prior to award of the contract, to reject any and all proposals, or any part thereof, to make no award, and/or to issue a new Request for Proposal, or make modifications, corrections of additions to the information contained herein.

Bidders are cautioned this is a Request for Proposal, NOT a request to contract.

5.5 Proposal Preparation Costs

Any costs incurred by bidders in preparing or submitting proposals are the bidder’s sole responsibility; Waynesboro Public Schools will not reimburse any bidder for any costs incurred as a result of the preparation of this Request for Proposal.

5.6 State Corporation Commission Identification Number

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or 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 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or bidder is not required to be so authorized. Link to the Virginia State Corporation Commission site: http://www.scc.virginia.gov/.

5.7 Forum Selection

Any action, proceeding, or claim in any way related to this agreement or the relationship between the parties shall be filed and maintained solely in the General District Court or the Circuit Court of Waynesboro, Virginia.

http://www.scc.virginia.gov/

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SCHEDULE A – LOCATIONS AND COPIER TYPE # Lower volume machine *All Color machines must also be capable of B&W

LOCATION

Color/ B&W*

FAX

Average Monthly

Volume Current Model

Current Serial

WPS Division Office – 301 Pine Avenue

2nd Floor – Copy Room Color No 13,650 IMC8000 5808

3rd Floor – Student Services B&W Yes 2,870 IM4000 7838

3rd Floor – Finance B&W Yes 720 IM4000 5744

Wayne Hills Center – 937 Fir Street

Office (267 students) B&W Yes 31,110 IM5000 5550

Faculty Workroom B&W No 8,190 IM5055SP 2347

Berkeley Glenn Elem – 1020 Jefferson Avenue

Workroom off Office (254 students) B&W No 26,760 IM7000 5220

Workroom off Office B&W No 29,620 IM7000 5397

Wenonah Elem – 125 N Bayard Avenue

Office (226 students) B&W Yes 20,330 IM7000 5223

Library B&W No 30,420 IM7000 5389

Westwood Hills Elem – 548 Rosser Avenue

Office (386 students) B&W Yes 6,100 IM6000 5551

Mailroom B&W No 46,030 IM7000 7839

Workroom B&W No 58,750 IM7000 5420

William Perry Elem – 840 King Avenue

Office (434 students) B&W No 16,450 IM7000 5343

Upper Level Workroom B&W No 36,620 IM7000 5746

Lower Level Workroom B&W No 36,130 IM7000 5745

Kate Collins Middle – 1625 Ivy Street

6th Grade Hall (622 students) B&W No 30,280 IM7000 4388

Upper Electives Hall/Workroom B&W No 10,000 IM5000 8055

7th Grade Hall/Workroom B&W No 28,960 IM7000 5319

8th Grade Hall/Workroom B&W No 46,220 IM7000 8072

Guidance/Records Room B&W No 5,720 IM6000 5205

Waynesboro High – 1200 W Main Street

Attendance Office (888 students) B&W Yes 25,780 IM7000 4787

2nd Floor Workroom B&W No 60,960 IM7000 5387

3rd Floor Science Workroom B&W No 28,480 IM7000 5222

Counseling Office B&W No 4,750 IM4000 5204

2nd Floor SPED Office B&W No 2,470 MP4055SP 9771

Health & Medical Sciences - 1018 W Main Street

Staff Workroom # B&W No 5,590 IM5000 5206

Valley Academy - 59 John Lewis Road, Fishersville

Faculty Workroom B&W Yes 4,750 MP5005SP 2431

CTE Building – 1300 W Main Street

Workshop Office # B&W No 4,340 MP5055SP 3690

Adult Basic Ed – 850 King Avenue

Office # B&W No 1,990 IM2500A 4999

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Requested Format / Pricing Information Sheet – Waynesboro Public Schools Copier RFP

THIS INFORMATION PAGE(S) MUST BE INCLUDED AS THE FIRST DOCUMENT PAGE OF THE PROPOSAL.

Other documentation of bid requirements should follow.

Company Name:

Copier Models/Product Descriptions:

As recommended for requested service in Schedule A

Print Charge Information/Per Copy

B&W copies Average Monthly Cost/ Average Monthly Volume:

Cost per Copy:

Color copies Average Monthly Cost/ Average Monthly Volume:

Cost per Copy:

Maintenance Plan Features

COMPETITIVE BID PRICE:

Billing will be monthly based on the number of copies per machine. Copies per machine must be listed individually, in order to track usage of each machine.

A responsible company representative must sign and date below agreeing to comply with all terms on this page and throughout the RFP should they receive the bid award.

Signature Date

B&W copies:

Color copies:

Additional costs: (please specify)

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WAYNESBORO PUBLIC SCHOOLS

301 Pine Avenue

Waynesboro, VA 22980

NOTE: Waynesboro Public Schools does not discriminate against faith-based organizations in accordance with the Code of Virginia 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran or any other basis prohibited by state law relating to employment discrimination in the performance of its procurement activity.

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GENERAL TERMS AND CONDITIONS:

(Vendor: The general rules and conditions which follow apply to purchases and become a definite part of each formal solicitation and resulting contract award issued by Waynesboro Public Schools, unless otherwise specified. Bidders/Offerors or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids; failure to do so will be at the bidder’s/offeror’s own risk and relief cannot be secured on the plea of error.)

Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids/proposals on all solicitations issued by Waynesboro Public Schools will bind bidders/offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1.1 ANTI-DISCRIMINATION: By submitting their bid/proposal, the Bidder/Offeror certifies to the School Board that they 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, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA). 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, sexual orientation, gender identity 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 the public body (Code of Virginia, 2.2-4343.1E).

In every contract over $10,000 the provisions in 1.1.1 through 1.1.4 below apply:

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

1.1.1 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 state law relating to discrimination in employment, except where there is a bona fide occupational qualification regarding religion, sex, or national origin that is 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.

1.1.2 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.

1.1.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements;

1.1.4 The Contractor will include the provisions of 1.1.1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

1.2 ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the School Board all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the School Board under said contract.

1.3 APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the courts having jurisdiction in the City of Waynesboro, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

1.4 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the School Board or other participating jurisdictions.

1.5 AUTHORITY: The Agent or Clerk has the sole responsibility and authority for issuance of invitations to bid, request for proposals, negotiations, placing and modifying invitations, requests, purchase orders and awards issued by and for the

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School Board of Waynesboro. In the discharge of these responsibilities, the Agent or Clerk may be assisted by delegating authority to the Assistant Superintendent, Executive Directors and other school board staff. No other School Board officers or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate the School Board for 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.

1.6 CHANGES TO THE CONTRACT: Provided any changes are consistent with any applicable limitation set forth in the Virginia

Public Procurement Act (PPA), changes can be made to the contract in any of the following ways:

1.6.1 The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in price of the contract resulting from such modification shall be agreed to by the parties as a part of the written agreement to modify the scope of the contract.

1.6.2 Waynesboro Public Schools 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, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify Waynesboro Public Schools of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Agent’s written decision affirming, modifying, or revoking the prior written notice. If Waynesboro Public Schools decides to issue a notice that requires an adjustment to compensation, the Contractor shall be compensated for any additional costs incurred as the result of such order and shall give Waynesboro Public Schools a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. 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 or work performed, subject to Waynesboro Public Schools’ right to audit the contractor’s records and/or determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided in the contract. The same markup shall be used for determining a decrease in price as a result of savings realized. The contractor shall present Waynesboro Public Schools with all vouchers and records of expenses incurred and savings realized.

Waynesboro Public Schools shall have the right to audit the records of the contractor as it deems necessary to determine the costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to Waynesboro Public Schools within thirty days from the date of receipt of the written order from Waynesboro Public Schools. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the dispute’s provisions of the Commonwealth of Virginia Vendors Manual. 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 by Waynesboro Public Schools or with the performance of the contract generally.

1.7 CLARIFICATIONS OF TERMS: If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the buyer whose name appears on the face of the solicitation no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

1.8 CONTRACT DOCUMENTS: The Contract entered into by the parties shall consist of the IFB or RFP, the signed bid/proposal submitted by the Contractor, the Notice of Award or Purchase Order/Contract, the General and Special Terms and Conditions, the listed Specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. All time limits stated in the Contract Documents are of the essence in the Contract.

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1.9 CONTRACTUAL DISPUTES: Any dispute concerning a question of fact including claims of money or other relief as a result of a contract with Waynesboro Public Schools which is not disposed of by agreement shall be decided by the Agent, who shall reduce a decision to writing and mail or otherwise forward a copy thereof to the Contractor within ten (10) days. The decision of the Agent shall be final and conclusive unless the Contractor appeals within ten (10) days of receipt of the written decision. 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. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

1.10 DEFAULT: In case of failure to deliver goods and/or services in accordance with the contract terms and conditions, the School

Board, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the School Board may have.

1.11 DEBARMENT STATUS: By submitting their bid, the Bidder/Offeror certifies that he/she is not currently debarred by the

Commonwealth of Virginia or Waynesboro Public Schools from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

1.12 DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

1.13 ETHICS IN PUBLIC CONTRACTING: By submitting their bid, 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, 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.

1.14 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.

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

1.16 INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted by the Contractor(s) 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.

1.17 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 his/her bid, 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.

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1.18 MANDATORY USE OF FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the form provided for that purpose shall be cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids or Request for Proposals may be cause for rejection of the bid; however, the School Board reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid/proposal as non-responsive. As a precondition to its acceptance, the School Board may, in its sole discretion, request that the bidder/offeror withdraw or modify non-responsive portions of a bid/proposal which do not affect quality, quantity, price, or delivery.

1.19 MATERIAL SAFETY DATA SHEETS: Material and Safety Data Sheets shall be provided within two (2) business days upon request for each chemical and/or compound offered. Failure on the part of the Contractor to submit such data sheets may be cause for declaring the Contractor in default.

1.20 RESERVED

1.21 NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services or disbursements from an alternate provider.

1.22 OFFICIAL NOT TO BENEFIT:

1.22.1 Each Bidder/Offeror shall certify upon signing a bid/proposal that to the best of his/her knowledge no Waynesboro Public Schools official or employee having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract unless consideration of substantially equal or greater value is/was exchanged. If such a benefit has been received or will be received, this fact shall be disclosed with the bid/proposal or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or recession of the contract made or could affect payment pursuant to the terms of the contract.

1.22.2 Whenever there is a reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the bid, proposal, or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, Waynesboro Public Schools, as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

1.22.3 In the event the Bidder/Offeror has knowledge of benefits as outlined above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes known after the inception of a contract the Bidder/Offeror shall address the disclosure of such facts to: Superintendent, Waynesboro School Board, 301 Pine Avenue, Waynesboro, VA 22980. The Invitation for Bids or Request for Proposals Number shall be referenced in the disclosure.

1.23 PAYMENT TO PRIME CONTRACTOR:

1.23.1 Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

1.23.2 Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days.

1.23.3 All goods or services provided under this contract or purchase order, that are to be paid with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

1.23.4 The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail.

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1.24 PAYMENT TO SUBCONTRACTORS: A contractor awarded a contract under this solicitation is hereby obligated to:

1.24.1 Pay the subcontractor(s) within seven days of the contractor’s receipt of payment from the School Board for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

1.24.2 Notify the agency and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason for such.

1.24.3 The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven days following receipt of payment from the School Board, except for amounts withheld as stated in (2) above. The date of mailing any payment by U.S. Mail is deemed to be payment to the addressee. These provisions shall be included by the Contractor in each subcontract so they are binding on each sub-tier contractor performing under the primary contract.

A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the School Board or any participating jurisdiction.

1.25 PRECEDENCE OF TERMS: All of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the General Terms and Conditions and Special Terms and Conditions in the solicitation, the Special Terms and Conditions shall apply.

1.26 PROTEST OF AWARD OR DECISION TO AWARD: Any Bidder/Offeror may protest the award or decision to award a contract by submitting a protest in writing to the Protest Officer no later than ten (10) days after public notice of the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Protest Officer shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken.

1.26.1 If prior to award it is determined that the decision to award is arbitrary and capricious then the sole relief shall be a finding to that effect. The Agent shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary and capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be enjoined by Waynesboro Public Schools. Where the award has been made and performance begun, the Agent may declare the contract void upon finding that this action is in the best interest of Waynesboro Public Schools. Where a contract is declared void, the performing Contractor shall be compensated for the actual cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.

1.26.2 Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this paragraph shall not be affected by the fact that a protest or appeal has been filed.

1.26.3 An award need not be delayed for the period allowed a Bidder/Offeror to protest, but in the event of a timely protest or legal action, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the offer would expire.

1.27 QUALIFICATIONS OF BIDDERS: The School Board may make reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the School Board all such information and data for this purpose as may be requested. The School Board reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s’ offeror’s capabilities. The School Board further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the School Board that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

1.28 SMALL, WOMAN-OWNED, MINORITY-OWNED, AND SERVICE-DISABLED-VETERAN-OWNED BUSINESS ENTERPRISES: It is the policy of Waynesboro Public Schools to undertake every effort to increase opportunity for utilization of small, woman-owned, minority-owned, and service-disabled-veteran-owned businesses in all aspects of procurement to the maximum extent feasible. In connection with the performance of this contract, the Contractor agrees to use their best effort to carry out this intent and ensure that such businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract.

Contractors may rely on oral or written representation by subcontractors regarding their status as small, woman-owned, minority-owned, and/or…