GCPS IFB 12.26.24.pdf

Invitation for Bid (SEALED): GCPS-122624

Title: Refuse Removal Service for Greene County Public Schools

Issue Date: December 26, 2024

Commodity Code: 45065- Refuse Carts, Chutes, Containers, and Holders (Commercial) 91027- Garbage/Trash Removal, Disposal, and/or Treatment 97537- Garbage/Refuse Equipment (Dumpsters, etc.)

Issuing Agency: Greene County Public Schools (herein referred to as GCPS)

40 Celt Road Stanardsville, Virginia 22973

Procurement/Contract Officer: Michael Kozuch (mkozuch@greenecountyschools.com)

Contract Term: The initial term of this contract shall be for a period of three (3) years from the date of award with the option to renew for up to two (2) additional, optional one-year renewal periods upon mutual written consent of the parties to the contract.

Bids will be Received Until: January 10, 2025 at 12:00 p.m. local time

All Bids must be received ELECTRONICALLY THROUGH eVA by the date and time stated immediately above.

PAPER (MAIL), EMAILED AND/OR FAXED BIDS WILL NOT BE CONSIDERED.

CONTACTING ANY OTHER REPRESENTATIVE OF GCPS MAY RESULT IN THE BID BEING

DEEMED NON-RESPONSIVE

In lieu of a Pre-Bid Conference, questions will be accepted by e-mail to Michael Kozuch through January 2, 2024, at 12:00 p.m.

Any inquiries regarding this solicitation should be directed only to Michael Kozuch, Finance Analyst Email: mkozuch@greenecountyschools.com

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned company offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing in eVA, and the undersigned company hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete. COMPLETE AND RETURN THIS PAGE WITH THE BID.

mailto:mkozuch@greenecountyschools.com

Name of Firm: Date:

Address of Firm:

Signature By:

eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

INTRODUCTION

Greene County Public Schools (herein referred to as “GCPS”)of Stanardsville, Virginia, is requesting bids from qualified Companies to provide Refuse Removal in accordance with all terms, conditions and specifications as set out in this Invitation for Bid.

Greene County Public Schools of Stanardsville ,Virginia reserves the right to cancel this IFB and/or reject any or all bids, to waive informalities in any bid, to award any whole or part of a bid, and to award to the Company whose bid is, at the sole discretion of Greene County

Public Schools, determined to be in the best interest of the school district.

Project evaluation and award will be accomplished in accordance with this IFB. GCPS will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit bids from qualified bidders to establish a term contract to provide refuse removal. These services/goods are for Greene

County Public Schools.

2. BACKGROUND

Greene County Public Schools has three (3) elementary schools, one (1) middle school, one

(1) high school, and one (1) technical education center. Each school will need multiple refuse containers. In addition the high school’s stadium and the maintenance department each have one refuse container.

3. SPECIFICATIONS / SCOPE OF WORK

I. General

A. Contractor shall provide all equipment, labor, and supplies necessary to provide efficient, sanitary, and satisfactory refuse collection and disposal services for GCPS on an as-needed basis. “Satisfactory” shall be defined as no visible trash, dirt, dust or odors, uniformly clean, hygienic, orderly, and attractive; a level of cleanliness which will reflect favorably upon GCPS.

The supplies and/or services shall strictly conform to the specifications set forth in this solicitation, any subsequent contract, and any amendments thereto. Refuse collected under this contract is expected to include items that fit into the contractor-furnished containers and is acceptable as refuse.

B. Services shall include refuse collection and disposal services for GCPS. The current schedule of services is listed in Attachment 5. Services are on an as-needed basis and are subject to changes during the term of the contract. Any changes shall result in an increase or decrease in the contract price per the pricing of the resulting contract.

C. Contractor shall provide containers of adequate size as defined in Attachment 5. Any changes to the container sizes will be made by GCPS in the form of a contract amendment.

D. Contractor shall schedule services such that the Contractor’s activities will minimize disturbance to the GCPS building occupants.

E. Contractor shall service the specified refuse containers in the approximate area of the present containers and/or as directed by GCPS. Upon completion of the service, the

Contractor shall return the containers to their original and/or proper location and secure the containers from rolling or otherwise moving from their placed position.

F. Contractor shall maintain all specified containers in good condition at all times. This includes, but shall not be limited to, such factors as appearance, ease of operation, general overall container condition, cleanliness of container and container enclosures, condition of specified locking systems/keys, spilling of refuse, etc. The Contractor shall remove and wash containers as needed.

Container cleaning must be performed by the Contractor at their facility or other location

Contractor is authorized to use. No container cleaning shall be permitted on GCPS property.

Deodorizing crystals are not an acceptable method of cleaning. The Contractor shall provide substitute containers at no additional cost when cleaning, maintenance and/or repair is being performed on the regular container.

G. Contractor shall ensure that all containers requested by GCPS are equipped with hinged doors at the top of containers and shall be equipped with means to install padlocks to secure the top and side doors. Lightweight plastic doors are required. The containers shall also have side load sliding doors. Contractor shall provide a locking mechanism or hardware to prevent unauthorized use of containers if so requested by GCPS. Locking mechanism or hardware shall be provided at no additional cost to GCPS.

H. Contractor shall follow Stormwater Pollution Prevention Plan (SWPPP) Best Practices.

Lids must be weather tight and refuse containers shall be free from holes, cracks and have drain plugs capped to prevent containment liquids from leaking and entering storm drains or water bodies.

I. The Contractor is solely responsible for all related costs to provide, maintain and service all refuse containers for the disposal of the contracted refuse, including: disposal fees, permit fees, etc. Refuse collection containers that are damaged by the Contractor or become unsightly shall be repaired, replaced or cleaned at no additional cost. GCPS reserves the right to require relocation of a container at no additional cost. Contractor shall fulfill the request(s) for container relocation within three (3) business days of the request.

J. GCPS reserves the right to request the addition, deletion and/or modification of the number, size, and service frequency of containers to the contract.

K. The initial term of this contract shall be for a period of three years from the date of award with the option to renew for up to two (2) additional, optional one-year renewal periods upon mutual written consent of the parties to the contract. The contract performance will be reviewed with the Contractor’s executive leadership team and GCPS at least semi-annually.

Price increases may be negotiated only at the time of renewal. Upon a determination by GCPS to renew this contract for an additional term, written notification will be given to the

Contractor. If GCPS elects to exercise the option to renew the contract for an additional one-year period, the contract price for the additional one year shall not exceed the contract price of the original contract increased by the CPI Consumer Price Index for All Urban Consumers

(CPI-U): U. S. city average, by detailed expenditure category: Water and sewer and trash collection services.

L. GCPS reserve the right, at no additional cost, to adjust the days of the week any containers are picked up for disposal. The Contractor may request, at no additional cost to GCPS, to adjust the days of the week any containers are picked up for disposal. No change shall occur without prior written GCPS approval.

M. The Contractor shall provide monthly reports to GCPS reflecting the weight (tons) of waste material collected at their respective sites as indicated on Attachment 5. The monthly reports shall accurately reflect the correct weight (tons) of waste material, per school.

Weight tickets or similar weight recordation from an industry accepted scale is required.

Estimates are not acceptable. Contractor shall email reports to GCPS no later than the 10th working day of each month. Reports shall be sent to mkozuch@greenecountyschools.com

N. The Contractor shall utilize weight measuring devices (scales) for waste servicing vehicles that are industry accepted/approved and used to provide accurate weight measurements of waste material. This weight measuring device must be dependable and have a proven record of staying within industry calibrated standards. Failure to comply with specifications identified within the scope of work shall be grounds for contract termination.

O. Contractor shall schedule services such that the Contractor’s activities will minimize disturbance to building occupants.

II. Performance Standards

A. “Satisfactory” shall be defined as no visible trash, dirt, dust or odors, uniformly clean, hygienic, orderly, and attractive; a level of cleaning which will reflect favorably upon GCPS.

Unsatisfactory performance as determined by GCPS may be addressed, but not limited to, the terms described below.

B. GCPS may require the Contractor to perform any of the services again in conformity with contract requirements, at no increase in the contract price. When the defects in any of the services cannot be corrected by re-performance, GCPS may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; (2) reduce the contract price to reflect the reduced value of the services performed; (3) by contract or otherwise, perform any of the services and charge to the Contractor any costs incurred that are directly related to the performance of such service; and/or (4) terminate this contract for default.

III. Administrative Support

Contractor shall maintain an office with a working telephone number and working fax number that are open for routine business during GCPS’ normal business hours and

Contractor shall also maintain a working e-mail address. Contractor shall have a minimum of two (2) emergency telephone contact numbers that GCPS may use to speak with the

Contractor on a twenty-four (24) hours a day, seven (7) days-a week basis. Answering machines are not acceptable emergency contact numbers since GCPS may need to call for emergency services that require an immediate response.

IV. Personnel

A. Contractor shall furnish all the personnel to provide the Services under this contract. All matters pertaining to the employment, supervision, compensation, insurance, promotion, and discharge of such employees are the responsibility of the Contractor, which is in all respects the employer of such employees. These matters shall be done fully in compliance with applicable statutes and regulations pertaining to affirmative action, non-discrimination, wage and hour, fair labor standards, and any other requirements germane to prudent personnel management. Only those personnel who have been properly trained by the

Contractor shall be assigned duties under this contract.

B. Contractor's personnel providing services at any GCPS facility shall be dressed in uniforms in a manner authorized by the Contractor and approved by GCPS. The personnel shall be neat and clean in appearance. Contractor shall ensure that all its personnel wear approved uniforms.

C. Greene County Public Schools has strict standards concerning the protection of its students, patrons, and employees.

SCHOOL CONTRACTOR CERTIFICATION: Contractor acknowledges that any contract resulting from this solicitation for services may require Contractor, Contractor’s employees or other persons within Contractor’s control to have direct contact with GCPS students on school property during regular school hours or during school-sponsored activities. As evidenced by the authorized signature below, Contractor hereby certifies to GCPS that all persons who will provide such services for or on behalf of the Contractor on public school property have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Contractor hereby acknowledges that, pursuant to Virginia Code section 22.1-296.1, any person making a materially false statement regarding any such offense shall be guilty of a Class I 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.

Contractor hereby agrees that this Certification shall be binding throughout the contract term, and that it will provide immediate notice to GCPS of any event that renders this certification untrue. GCPS may require Contractor to have its employees providing any of the

Services to undergo a background check (Contractor will be responsible for the charge for this background check).

D. Contractor shall ensure that any person driving any waste service vehicles in the performance of this contract has and maintains a valid Virginia driver’s license and Virginia

State Commercial (Class C) Driver’s License. The driver shall be able to present such license to GCPS personnel upon request.

E. Contractor shall, in all its dealings with its employees, make it clear that it is an independent contractor and that its employees are not agents, representatives, or employees of GCPS. Upon the request of an authorized GCPS representative, Contractor shall promptly remove from GCPS facilities any persons providing any of the Services under this Contract whose work habits and/or conduct are deemed objectionable.

F. Contractor shall ensure its personnel do not use tobacco or tobacco products within schools or on school property, possess alcohol, possess drugs, or possess weapons (defined in Code of Virginia Sections 22.1-277.07, 22.1-277.07.1, 18-2-308 and 18.2-308.1) on GCPS property, nor shall they report to work under the influence of alcohol or illicit drugs.

G. Contractor shall ensure that persons providing services under this Contract are U.S.

Citizens or possess documents that allow them to be employed and work in the United States.

H. Contractor shall ensure that its personnel shall, at all times during performance of duties under this Contract, maintain a level of personal appearance and hygiene commensurate with the duties being performed.

I. Contractor shall employ personnel who are competent, knowledgeable, experienced, and who have had previous experience. The Contractor shall carefully interview, screen, and reference check all personnel.

V. General Supervision and Requirements

A. Contractor shall ensure that its personnel assigned to this contract are able to communicate in English sufficiently to carry out the requirements of the contract.

B. Contractor shall ensure that all employees are capable employees, experienced and/or trained, and capable of demonstrating adequate knowledge of equipment, vehicle operations, safety, and waste standards required to completely perform the work. The

Contractor must have employees that are specifically trained in the operation of waste servicing equipment.

C. Contractor personnel shall not permit friends, children, relatives, or others not performing services under this contract to visit, accompany, or otherwise interface with them while at the work site. Contractor personnel shall refrain from using GCPS equipment unless authorized to do so by the contract.

D. Contractor shall have Safety Data Sheets available on each waste service vehicle for all chemicals, oils and compounds which constitute hazardous materials that are used in the refuse trucks.

4. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the

Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia.”

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth.

The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2- 4366). ADR procedures are described in Chapter 9 of the Vendors Manual.

The contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth 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 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. and 2. below apply:

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

a. 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 necessary to the https://eva.virginia.gov/index.html 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. 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.

c. 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.

d. 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.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with 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.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response 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 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.

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR

IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid;

however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid, which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

a. 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 state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. 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, however.

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

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen

(15) days as required in Code of Virginia, § 2.2-4351. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

i. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

ii. To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. 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 (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to 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 Commonwealth.

3. Each prime contractor who wins an award in which provision of a

SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence, and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions

VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-

DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION

REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST,

MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

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

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 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.

2. The Purchasing Agency 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 the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency’s decides to issue a notice that requires an adjustment to compensation the contractor 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 the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency 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 the Purchasing Agency 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 of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to 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 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 the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency 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 shall be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. 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 disputes 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 the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for 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 Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from

State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K. If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing, and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2- 800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for compensation requirements under the Code of Virginia during the course of the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor or third-party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.)

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01- 581.15/Code of Virginia § 8.01-581.15

Insurance/ Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/ Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/Code https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/Code contractor, 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.

W. 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, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. 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 alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal business eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the

Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be managed through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS

ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD- certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

http://eva.virginia.gov/

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

5. SPECIAL TERMS AND CONDITIONS

The following Special Terms and Conditions will be incorporated into any contract resulting from this solicitation. If an Offeror includes any other terms and conditions in its proposal, GCPS reserves the right to accept or reject any such terms and conditions, to modify them through the negotiation process, and/or to consider those in the evaluation scoring of the proposals.

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. GCPS reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. CANCELLATION OF CONTRACT: GCPS reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

D. eVA ORDERS AND…