IFB 028-0-2026HM Janitorial Supplies vFinal.pdf

Newport News Public Schools

ISSUING OFFICE:

PURCHASING DEPARTMENT

12465 WARWICK BOULEVARD

NEWPORT NEWS, VA 23606-3041

TELEPHONE: (757) 591-4525

FAX: (757) 591-4593

DATE: June 10, 2026

Attention of Bidder is Directed To Section 2.2-4367 to 2.2-4377 Code of Virginia (Ethics In Public Contracting)

ELECTRONIC BIDS All bids may be submitted electronically online via eVA until Closing Date and Closing Time as specified in this solicitation including any addenda issued by this office using Bidder’s established eVA Supplier Account. The entire bid response including any /all attachments and any/all addenda must be submitted electronically via eVA, no later than the closing date and time stated in the solicitation posting. Faxed, mailed or emailed bids will not be accepted. Newport News Public Schools is not responsible for late electronic delivery. Bidders are highly encouraged to anticipate and plan for technical or heavy email transmission traffic at the last minute.

All inquiries for information regarding this Invitation for Bid should be directed to the Buyer listed in this IFB or 757-591-4525

COMMODITY: CUSTODIAL & JANITORIAL SUPPLIES NIGP CODE: 48565

PLEASE FILL IN BIDDER’S NAME & ADDRESS IN

THE SPACES PROVIDED BELOW:

THIS IS NOT AN ORDER

THE NEWPORT NEWS SCHOOL BOARD, HEREAFTER REFERRED TO AS NEWPORT NEWS PUBLIC SCHOOLS (NNPS) ALSO REFERRED TO AS “OWNER”, RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS IN WHOLE OR IN PART AND TO WAIVE ANY INFORMALITIES IN THE BID PROCESS AND RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN ITS BEST INTEREST. THE SPECIFICATIONS IN THIS BID ARE INTENDED AS A QUALITY INDICATOR AND GUIDE FOR BIDDING AND UNLESS OTHERWISE STATED, NNPS WILL CONSIDER ALTERNATE BIDS OF EQUAL OR BETTER QUALITY, WHICH WILL BE ACCOMPANIED BY DESCRIPTIVE LITERATURE. THE ENTIRE CONTENTS OF THIS INVITATION FOR BID, ANY ADDENDA, AND BIDDER'S RESPONSE SHALL BE INCORPORATED INTO ANY RESULTING CONTRACT.

This public body 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, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment.

Custodial Products & Janitorial

Supplies for Delivery

OVERALL BID TOTAL $

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1 #2 #3 #4 (Please Initial) IN COMPLIANCE WITH THIS BID, AND TO ALL THE CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO EXECUTE ANY CONTRACT AS A RESULT OF THIS BID. THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS/SERVICES AT THE PRICE(S) INDICATED ON THE PRICING SCHEDULE. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE

BIDDER/COMPANY. FAILURE TO MAKE THIS COMMITMENT MAY RESULT IN BID REJECTION.

Authorized Agent Signature Type or Print Name Email Address

Company FEI/FIN#

Phone Number

FAX Number

INVITATION FOR BIDS

BID ITEM NO.

IFB 028-0-2026/HM

PROCUREMENT OFFICER

Heather Medina, VCO, VCCO

CLOSING DATE

July 7, 2026

CLOSING TIME

2:00 PM EST

NO

PREBID CONFERENCE

ANTI-COLLUSION:

SPECIFIC LEGAL REQUIREMENTS

In the preparation and submission of this bid, said bidder did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in violation of the Sherman Act (15 U.S.C. Section 1), Sections 59.1-

9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia. The undersigned bidder hereby certifies that this agreement, or any claims resulting therefrom, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, NNPS has an interest in, or is concerned with, this bid; and, that no person or persons, firm or corporation other than the undersigned, have, or are, interested in this bid.

DRUG-FREE WORKPLACE:

During the performance of this contract, the successful bidder agrees to (i) provide a drug-free workplace for the successful bidder'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 successful bidder'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 successful bidder that the successful bidder 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 successful bidder or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance or work done in connection with a specific contract awarded to a successful bidder in accordance with federal law, 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.

EMPLOYMENT DISCRIMINATION BY THE SUCESSFUL BIDDER SHALL BE PROHIBITED:

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

a. Bidder shall 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 reasonably necessary to the normal operation of the successful bidder. The successful bidder agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. Successful bidder, in all solicitations or advertisements for employees placed by or on behalf of the successful bidder, shall state that such successful bidder 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.

2. Successful bidder shall include the provisions of the foregoing Subsections a, b, and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE

COMMONWEALTH:

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

2. A bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 will include in its bid the identification number issued to it by the State Corporation Commission in the space provided below. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid a statement why the bidder is not required to be so authorized. Bidder is to include the VA Code reference authorizing the exemption in said statement.

3. Any bidder described in the foregoing Subsection 2. that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the Superintendent or designee.

4. Any business entity described in the foregoing Subsection 1. that enters into a contract with NNPS shall not allow its existence to lapse or its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

Name and Address of BIDDER: Date: Authorized Signature: _

Printed Name: _ Title:

Phone Number: Fax Number: _

Email Address: _ _

Federal Tax Identification Number/Social Security Number: _

State Corporation Commission Identification Number: _

Is bidder a "minority" business? Yes No If yes, please indicate the "minority" classification below:

African American Hispanic American Native American Asian American Other; Please Explain:

Service-Disabled Veteran? Yes No Service-Disabled Veteran Business? Yes No Woman Owned?

Small Business?

Yes Yes

No No

Faith-Based Organization? Yes No

TABLE OF CONTENTS

I. SCOPE OF WORK 4

II. SPECIAL INSTRUCTION TO THE BIDDER 6

III. GENERAL TERMS AND CONDITIONS 8

IV. SPECIAL TERMS AND CONDITIONS 16

Attachment A: Pricing Schedule (Excel File, must include with bid)

Attachment B: Certification Regarding Debarment (must include with bid)

Attachment C: Certification for Contractors Near Students (must include with bid)

Attachment D: Vendor Data Sheet (must include with bid)

Attachment E: NNPS Delivery Sites/Locations

Attachment F: Exhibit A – NNPS Internal Supply Requisition Form

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I. SCOPE OF WORK

A. GENERAL REQUIREMENTS

Newport News Public Schools is soliciting bids from responsive and responsible Bidders to establish a contract with one or more qualified sources to provide Custodial/Janitorial Supplies for Delivery to Newport News Public Schools. NNPS expects to award on an all or none basis.

B. SPECIFIC REQUIREMENTS

The Contractor shall provide all materials, labor, equipment and supplies to warehouse, deliver and distribute custodial products directly to school sites in NNPS, on an as-needed basis. Contractor shall be provided a finalized list of all delivery locations after award is made. Additionally, the Contractor is required to perform the following:

1. Contractor shall supply and deliver the items listed in Attachment A on a regularly scheduled basis.

Contractor’s delivery schedule shall be between the hours of 8:00A.M. to 3:30 P.M.

2. Pricing shall be submitted on Attachment A, “Pricing Schedule.” All prices submitted shall be firm fixed for the entire contract period and shall include any delivery charges. Any requests for price adjustments during a contract extension period shall be received by NNPS thirty (30) days prior to the current contract expiration date and approved by NNPS prior to increased prices being charged. Requests for price increases will be considered but may not exceed the previous twelve-month rate of increase determined by the Consumer Price Index for the applicable commodity of goods for All Urban Consumers.

3. Online site ordering shall be available and enabled. In addition, ordering options shall include phone, fax, and customer service representative.

a. Each location will complete a supply requisition form (Exhibit A) and submit to the Custodial Services

Supervisor, who will submit all forms once a week to the Contractor.

b. Contractor shall input all data, including the Purchase Order (PO) number on the supply requisition form and directly deliver or drop ship to each site’s location per the address listed in Attachment E.

4. All quantities listed in Attachment A are estimates only and may be realized, not fully realized, or exceeded.

5. Contractor shall maintain sufficient stock levels to accomplish delivery of order placed within forty-eight

(48) hours to intended destination and shall ensure a minimum of 95% fill rate for all items included in the contract.

6. Deliveries shall be on a weekly schedule to all sites located in Newport News, Virginia.

a. Annual schedule for deliveries, including summer, shall occur weekly on the first day of the week or the following day should a holiday fall on that Monday.

b. A listing of NNPS sites is provided in Attachment E.

7. NNPS shall reserve the right to request additional products if needed. The Contractor shall provide special delivery if deemed necessary by NNPS.

8. Unless otherwise listed in Attachment A, bidders shall supply the Brand Name for each item. NNPS reserves the right to sample any product at no cost to the district.

9. Award will be based on the Overall Bid Total. In the event of discrepancies, unit price shall prevail. All items will be awarded on an “ALL or NONE” to lowest Overall Total Bid.

10. Contractor shall provide tandem Cascades paper towel dispensers, Toilet Tissue dispensers and Kutol Soap dispensers for the foaming certified green seal soap in quantities as required by NNPS at NO CHARGE.

a. The type of paper towels and hand soap are listed in Attachment A, “Pricing Schedule.”

b. The dispensers for any paper products and hand soap shall be at NO CHARGE.

i. This includes the portable dispensing units for Diversey Products.

* NOTE TO BIDDERS: These are backup up/alternate chemicals only in the event the Annihilare Systems become inoperable. *

11. References about Bidder’s past performance must be ascertained prior to any bid being eligible for Award as specified in Attachment D, “Vendor Data Sheet.” Negative references or references that do not verify whether or not the Contractor meets the criteria specified in Section I. Scope of Work, of this Invitation for Bid (IFB), may be grounds for rejection of the bid.

IFB# 028-0-2026/HM Page 5 of 23

C. PACKAGING/SHIPPING REQUIREMENTS

Contractor shall be responsible for the safe, durable, and acceptable industry standard packaging for nonperishable goods. All damaged or incorrect brands shall be exchanged and / or picked up from NNPS and replaced within ten (10) days of notice to Contractor. Contractor shall provide inside delivery to designated NNPS locations.

D. INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with the Scope of Work and Packing/Shipping Requirements specified above. Contractor shall not be paid for items not accepted by NNPS.

II. SPECIAL INSTRUCTIONS TO THE BIDDER

A. Issuing Office:

Wherever used in this Invitation for Bid, Issuing Office will be:

Heather Medina, VCO, VCCO Procurement Coordinator

Newport News Public Schools Purchasing Department 12465 Warwick Boulevard Newport News, VA 23606-3041 Phone: (757) 591-4533 Fax: (757) 591-4593 Email: heather.medina@nn.k12.va.us

B. NNPS Contract Administrator:

Wherever used in this Invitation for Bid and for purposes of any notices under this contract, the NNPS Contract Administrator will be:

Sharon Boyd, Supervisor, Custodial Services Plant Services Department 12580 Patrick Henry Drive Newport News, VA 23602 Phone: (757) 881-5024 X 14112 Fax: (757) 249-5638 Email: sharon.boyd@nn.k12.va.us

C. Contact with NNPS Staff, Representatives, and/or Agents:

Direct contact with NNPS staff, representatives, and/or agents other than Purchasing Department staff on the subject of this IFB or any subject related to this IFB is expressly prohibited except with the prior knowledge and permission of the Purchasing Director.

D. Pre-Bid Conference:

N/A

E. Bidders of Record:

Bidders receiving a copy of this IFB from a source other than the Issuing Office via the www.eVA.virginia.gov website must contact the Issuing Office and provide Bidder’s name, address, contact person, telephone, and fax number, and the IFB Item Number.

F. Questions:

Submit questions regarding the Invitation for Bid in writing to the Issuing Office at heather.medina@nn.k12.va.us no later than Thursday, June 18, 2026, 10:00 A.M. EDT. Necessary replies will be issued to all Bidders of record as addenda that shall become part of the contract documents. Oral instructions do not form a part of the bid documents. Bidder is responsible for checking the www.eVA.virginia.gov website or contacting the Issuing Office within 48 hours prior to bid closing to secure any addenda affecting this IFB.

mailto:heather.medina@nn.k12.va.us mailto:sharon.boyd@nn.k12.va.us http://www.eva.virginia.gov/ mailto:heather.medina@nn.k12.va.us http://www.eva.virginia.gov/

IFB# 028-0-2026/HM Page 6 of 23

G. Changes or Modifications:

Changes or modifications to this Invitation for Bids made prior to the date and time of closing will be addressed by addenda from the Issuing Office. Acknowledge receipt of addenda in the space provided on the cover page of this Invitation for Bid. Oral modifications shall not form a part of the Bid documents. This IFB and any addenda shall be incorporated, by reference, into any resulting contract.

H. IFB Closing Bidder shall ensure its bid is received by the Issuing Office no later than the Closing Date and Time shown on the cover page of this Invitation for Bids. Bids received after the specified date and time (timestamped 2:01 PM EDT or later) will not be considered and will be returned to the Bidder unopened.

I. Bid Submittal Requirements:

1. Per the VPPA § 2.2-4303. (Effective January 1, 2025) Methods of Procurement, Newport News Public

Schools now provides an option to submit electronic copies of the requested bid through electronic means. All bids may be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account.

The entire bid response including any/all attachments and any/all addenda must be submitted electronically via eVA no later than the closing date and time stated in the solicitation posting. Faxed, mailed, or emailed bids will not be accepted.

To learn how to submit an online bid/proposal in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting.

Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. Each Bid submission shall be submitted to the Issuing Office electronically and shall include the following documents:

a. The cover page of this Invitation to Bid, which will contain:

1. OVERALL BID TOTAL cost;

2. Original signature of an agent authorized to bind the company;

3. Acknowledgment of any addenda on page one (1);

4. Requested contact information;

5. Company FEI/TIN number; and

b. Completed and signed anti collusion/nondiscrimination clauses on page 2 of this IFB;

c. Completed Pricing Schedule (Attachment A);

d. Completed and Signed Certification Regarding Debarment (Attachment B);

e. Completed and Signed Certification of Compliance with Code of Virginia, §22.1-296.1 (Attachment C);

f. Vendor Data Sheet (Attachment D);

g. Certificate of Insurance to show proof of coverage;

h. Current Signed W9.

J. Withdrawal of Bids:

A bidder for a contract may request withdrawal of his or her bid under the following circumstances:

A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

https://url.us.m.mimecastprotect.com/s/f7l2CKr24NU6RlwKuMfvT5S77v?domain=eva.virginia.gov https://url.us.m.mimecastprotect.com/s/R5gJCL924OU7zAOqSqhOTyNK8A?domain=youtube.com mailto:eVACustomerCare@DGS.Virginia.gov

IFB# 028-0-2026/HM Page 7 of 23

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

Requests for withdrawal of bids prior to opening of such bids shall be transmitted to the NNPS Purchasing Agent in writing.

Requests for withdrawal of bids after opening of such bids but prior to award shall be transmitted to the NNPS Purchasing Agent, in writing, accompanied by full documentation supporting the request. The bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. If bid bonds were tendered with the bid, NNPS reserves its right to exercise collection.

No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent. If a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.”

K. Notice of Award:

Any contract resulting from this IFB will be publicly posted for inspection on the eVA.virginia.gov website and NNPS Purchasing website, https://sbo.nn.k12.va.us/procurement/awarded_bids.html

L. Award:

The award of contracts shall be at the sole discretion of the Owner. Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, Owner may negotiate with the apparent low bidder to obtain a contract price within available funds. The Owner reserves the right to accept or reject any or all bids in whole or in part and to waive any informalities in the process. Furthermore, the Owner reserves the right to enter into any contract deemed to be in the Owner’s best interest.

M. IFB Opening:

The Bid Opening will be conducted via Zoom Meetings on July 7, 2026 at 2:15PM and any bidder wishing to attend virtually must utilize the following link:

Join the Meeting Now:

https://nn-k12-va-us.zoom.us/j/82084631282?pwd=SSsNCOmt9sWdmb0uuPi7zaPqUiQAWc.1

Meeting ID: 820 8463 1282 Passcode: 988203

One tap mobile

+16469313860, 82084631282# US

+19292056099, 82084631282# US (New York)

N. Disposition of Bids:

All materials submitted in response to this IFB shall become the property of the Owner. One (1) copy of each bid will be retained for official files. Said copy will become public record after award of the contract and will be open to public inspection subject to the Proprietary Information/Disclosure clause of this IFB.

O. Cost of Responding:

This solicitation does not commit the Owner to pay any costs incurred by the Bidder or any other party in the preparation and/or submission of bids or in making necessary studies or designs for the preparation thereof, nor is the Owner obligated to procure or contract for such services.

https://sbo.nn.k12.va.us/procurement/awarded_bids.html https://nn-k12-va-us.zoom.us/j/82084631282?pwd=SSsNCOmt9sWdmb0uuPi7zaPqUiQAWc.1

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III. GENERAL TERMS AND CONDITIONS

A. Contract Document:

This solicitation, its addenda, Successful Bidder’s response, any additional information requested, and negotiated changes will constitute the final contract, hereafter referred to as “this contract.” These documents will be incorporated by reference into the NNPS purchase order awarding this contract. This contract shall be governed by the contract documents in the following order of precedence:

1) This IFB document;

2) Any negotiated changes to the foregoing documents; and

2) Bidder’s submission with Attachment A, “Pricing Schedule.”

B. Contract Modification(s):

After award, any and all modifications to this contract shall be mutually agreed to by both parties, in writing, and authorized by the NNPS Purchasing Agent or designee. NNPS’ standard method to modify contracts is issuance of a change order (purchase order).

C. Bidder Obligation:

Bidder shall carefully examine the contents of this Invitation for Bid and any subsequent addenda. Failure to do so shall not relieve the Successful Bidder of its obligation to note any exceptions (see Exceptions/Alternatives section) and to fulfill the requirements of this contract.

D. Bid Binding for Ninety (90) Days:

Bidder agrees that this bid shall be binding and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing date of this Invitation for Bids.

E. Proprietary Information/Non-Disclosure:

Bidder is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as amended) shall govern public inspection of all records submitted by Bidder. Specifically, if Bidder seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342, Bidder shall:

1. Invoke the protections of this section prior to or upon submission of the data or other materials,

2. Provide a statement that identifies the data or other materials to be protected and that states the reasons why protection is necessary.

3. Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly marked “PROPRIETARY.”

4. Information submitted that does not meet the above requirements will be considered public information in accordance with State statutes.

5. NNPS reserves the right to submit such information to the NNPS attorney for concurrence of the Bidder’s claim that it is in fact proprietary.

6. References to the proprietary information may be made within the body of the Proposal; however, all information contained within the body of the Proposal shall be public information in accordance with State statutes.

7. Trade secrets or proprietary information submitted by a Bidder in conjunction with this IFB is not subject to public disclosure under the Virginia Freedom of Information Act (VFOIA).

8. Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

9. An all-inclusive statement that the entire Proposal is proprietary is unacceptable. A statement that Bidder’s costs and/or Proposal pricing are to be protected is unacceptable. Bidder will be requested to remove any such statement(s) in order to be eligible for further consideration.

F. Prime Contractor During the performance of this contract, if the Successful Bidder supplies goods or services by or through a third party or subcontractor, the Successful Bidder agrees to:

1. Act as the Prime Contractor for the goods and/or services to be provided under contract and shall be the sole point of contact with regard to all obligations under this contract.

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2. Represent and warrant that the Successful Bidder has made third parties or subcontractors aware of the proposed use and disposition of the other party’s products or services, and that such other party has agree in writing that it has no objection and that NNPS is not liable to such third parties or subcontractors for any work performed under this contract.

G. Subcontractors:

Successful Bidder’s use of subcontractors and the work they are to perform must receive written approval from the NNPS Contract Administrator at least ten (10) days prior to the work being performed. Successful Bidder shall be solely responsible for all work performed and materials provided by subcontractors. Successful Bidder shall be responsible for the liability of subcontractors for the types and limits required of the Successful Bidder.

H. Non-Assignment:

Successful Bidder shall not assign its rights and duties under this Agreement without the prior written consent of the NNPS Contract Administrator.

I. Antitrust:

Any perceived anti-trust violation shall be reported to the State Attorney General for possible enforcement of anti-trust laws.

J. Anti-collusion/Nondiscrimination Requirements Form:

The attached “Anti-collusion/Nondiscrimination Requirements” form, on page 2 of this IFB, shall be executed by Bidder and is to be submitted with Bidder’s bid. The requirements set forth on said form shall be considered to be binding terms and conditions in any contract resulting from this IFB. A contract will not be awarded to a Bidder who has not signed the anti-collision/nondiscrimination statement.

K. Compliance with Federal, State, and Local Laws and Federal Immigration Law:

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.

L. Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth:

Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. NNPS may void any contract with the Contractor if the Contractor fails to remain in compliance with the provisions of this section.

M. Hold Harmless/Indemnification:

It is understood and agreed that Successful Bidder hereby assumes the entire responsibility and liability for any and all material damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Successful Bidder, its subcontractors, agents or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract. Successful Bidder agrees to indemnify and hold harmless Owner and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Contract, and (c) the performance of the work by Successful Bidder or those for whom Successful Bidder is legally liable. Upon written demand by the Owner, Successful Bidder shall assume and defend at Successful Bidder's sole expense any and all such suits or defense of claims made against the Owner, its agents, volunteers, servants, employees, or officials.

N. Notices:

All notices, requests, demands, and elections under this contract, other than routine operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (6) NNPS business days after the date of mailing when mailed by United States mail, IFB# 028-0-2026/HM Page 10 of 23 registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the following individuals:

To Owner: NNPS Contract Administrator as designated in this IFB.

To Successful Bidder: Successful Bidder’s Contract Administrator as defined in Successful Bidder’s bid. Either party may from time to time change the individual(s) to receive notices and/or its address for notification purposes by giving the other party written notice as provided above.

O. Non-Responsive Performance:

1. Delivery Delays: Owner reserves the right to procure goods and/or services to be provided under this contract from other sources in the event Successful Bidder fails to deliver such goods and/or service deliverables in accordance with delivery dates and time frames set forth in this contract.

2. Unacceptable Deliveries (Rejections): Upon notification by NNPS that goods and/or service deliverables provided by the Successful Bidder under this contract are damaged and/or not of the quality specified by the Owner, such goods and/or service deliverables will be rejected. Successful Bidder shall replace such rejected goods and/or service deliverables immediately or within a reasonable time as determined by NNPS.

3. Successful Bidder shall remove all rejected materials, equipment or supplies from the premises of Owner within ten (10) days of notification. Rejected goods and/or service deliverables not removed from Owner’ premises within ten (10) days will be regarded as abandoned, shall become the property of Owner, and Owner shall have the right to dispose of such items.

4. NNPS reserves the right to authorize immediate purchase from other sources against delayed deliveries and/or rejections.

5. Liability: Successful Bidder shall be liable to NNPS for all costs incurred by NNPS as a result of Successful Bidder's failure to perform in accordance with the Contract. Successful Bidder's liability shall include, but not be limited to:

a. Damages and other delay costs, to include costs to procure goods/services from alternate suppliers.

b. Increased costs of performance, such as extended overhead and increased performance costs resulting from performance delays caused by Successful Bidder and/or rejections of Successful Bidder’s goods and/or service deliverables.

c. Warranty and rework costs, liability to third party, excess costs, attorney’s fees, and related costs incurred by NNPS due to non-responsive performance of Successful Bidder.

P. Termination Without Cause:

Owner may at any time, and for any reason, terminate this Contract by written notice to Successful Bidder specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Successful Bidder by certified mail/return receipt requested, addressed to the Successful Bidder’s Contract Administrator. In the event of such termination, Successful Bidder shall be paid such amount as shall compensate Successful Bidder for the work satisfactorily completed, and accepted by Owner, at the time of termination. In the event Owner terminates this Contract, Successful Bidder shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to Owner any work completed or in process for which payment has been made.

Q. Termination With Cause/Breach:

In the event that Successful Bidder shall for any reason or through any cause be in default of the terms of this Contract, Owner may give Successful Bidder written notice of such default by certified mail/return receipt requested, addressed to the Successful Bidder’s Contract Administrator. Unless otherwise provided, Successful Bidder shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of the Successful Bidder to cure the default, Owner may immediately cancel and terminate this Contract as of the mailing date of the default notice. Upon termination, Successful Bidder shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to Owner any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by Owner and provisions herein with respect to opportunity to cure default shall not be applicable.

R. Breach of Contract:

Successful Bidder shall be deemed in breach of this contract if the Successful Bidder: Fails to comply with any terms of this contract; Fails to cure such noncompliance within ten (10) calendar days from the date of the Owner written

IFB# 028-0-2026/HM Page 11 of 23 notice or such other time frame, greater than ten (10) calendar days, specified by the NNPS Contract Administrator in the notice. Fails to submit a written response to the Owner notification of noncompliance within ten (10) calendar days after the date of the Owner notice. All notices under this contract shall be submitted, either by fax or certified mail, return-receipt requested, to the respective contract administrator. Successful Bidder shall not be in breach of this contract as long as its default was due to causes beyond the reasonable control of and occurred without any fault or negligence on the part of both the Successful Bidder and its subcontractors. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of Owner in its sovereign capacity, fires, floods, epidemics, strikes, freight embargoes, and unusually severe catastrophic weather such as hurricanes.

S. Applicable Law:

This Contract shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

T. Compliance With All Laws:

Successful Bidder shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of this contract. Successful Bidder represents that it possesses all necessary licenses and permits required to conduct its business and/or will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. If the Successful Bidder is a corporation, Successful Bidder further expressly represents that it is a corporation of good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract and any extensions. All City of Newport News business license, personal property, real estate, and other applicable tax requirements shall be met by Successful Bidder.

U. Venue:

Venue shall be in the Circuit Court of the City of Newport News, Virginia, and the United States District Court for the Eastern District of Virginia, Norfolk Division, compliant with applicable laws and regulations, as deemed appropriate by the Owner.

V. Severability:

If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this contract, and all other provisions of this contract shall remain in full force and effect.

W. Non-Appropriation of Funds:

It is understood and agreed between the parties herein that the Owner shall be bound hereunder only to the extent that the funds shall have been appropriated. In the event no funds or insufficient funds are appropriated, Owner shall immediately notify the Successful Bidder of such occurrence, and this Contract shall terminate on the last day funds are available without penalty or expense to the Owner of any kind whatsoever.

X. Tax Exemption:

The Owner is exempt from federal excise tax and from all State and local taxes. Successful Bidder shall not include such taxes in any invoices under this agreement. Upon request, the Owner will furnish the Successful Bidder with tax exemption certificates or the Owner tax exempt number.

Y. Vendor’s Invoices:

Successful Bidder shall submit to the Owner all invoices promptly upon completion of the requirements for installation, delivery, and acceptance of the Products and Services required under this contract. Invoices shall not include any costs other than those identified in the executed Owner purchase order awarding this contract or any subsequent change orders issued by the NNPS Purchasing Division. All shipping costs are the Successful Bidder’s responsibility, except to the extent such charges are identified in the executed NNPS purchase order or change orders.

Successful Bidder’s invoices shall provide at a minimum:

1. Type and description of the Product or Service installed, delivered and accepted;

2. Serial numbers, if any;

3. Quantity delivered;

4. Charge for each item;

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5. Extended total (unit costs x quantity);

6. This IFB number and the NNPS Purchase Order Number.

Z. Contractual Disputes:

Any dispute concerning a question of fact as a result of a contract with the Owner which is not disposed of by agreement shall be decided by the NNPS Purchasing Agent, who shall reduce his decision to writing and mail or otherwise forward a copy thereof to the contractor within thirty (30) days. The decision of the NNPS Purchasing Agent shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless the public body fails to render such decision within the time specified. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

AA. Warranty/Guarantee:

Successful Bidder guarantees against defective or faulty material or workmanship for at least one (1) year or for the manufacturer’s standard warranty period, whichever is greater, from date of acceptance by NNPS. To furnish adequate protection from damage for all work and to repair damages of any kind for which Successful Bidder or Successful Bidder’s workmen are responsible, to the building or equipment, to Successful Bidder’s own work, or to the work of others. Any merchandise or service provided under the contract which is or becomes defective during the warranty period shall be replaced by the Successful Bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment or service (one year or manufacturer’s standard warranty period, whichever is greater, from the date of acceptance of the replacement). Successful Bidder shall make any such replacement immediately upon receiving notice from

NNPS.

BB. Payment Terms:

To be eligible for payment, all labor, equipment, and materials covered under Successful Bidder’s invoice must be completed and accepted by NNPS. NNPS agrees to make payments under this Contract within thirty (30) days after receipt of a correct invoice for such payment. Where payment is made by mail, the date of postmark shall be deemed to be the date of payment. Any amounts due NNPS under the terms of this or any other agreement may be applied.

Special Educational or Promotional Discounts:

The Successful Bidder shall extend any special educational or promotional sale prices or discounts immediately to Newport News Public Schools during the term of the contract. Such notice shall also advise the duration of the specific sale or discount price.

CC. Prompt Payment:

The Owner will promptly pay for completed, delivered goods or services accepted under this Contract by the payment date established. The required payment date will be either: (i) the date on which payment is due under the terms of this Contract for the provision of the goods or services; or (ii) if a date is not established by this Contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after the invoice is rendered, whichever is later.

Within twenty (20) days after receipt of the invoice or goods or services, the Owner shall notify the supplier of any defect or impropriety that would prevent payment by the payment date. Should Owner fail to pay the Contractor by the pay date, finance charges may be assessed by the Contractor. Unless otherwise provided under the terms of this Contract, interest will accrue at the rate of one percent (1%) per month. This will not apply to late payment provisions in any public utility tariffs or public utility negotiated Contracts. Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

In cases where payment to Contractor is made by mail, the date of postmark shall be deemed to be the date payment is made for purposes of this Contract.

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Individual Contractors shall provide to the Owner their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

Within seven (7) days after Contractor receives payment from the Owner, Contractor shall take one or more of the following actions:

1. Pay all subcontractors for the proportionate share of the total payment received from Owner attributable to the work performed by the subcontractors under this Contract.

2. Notify NNPS and all affected subcontractors, in writing, of Contractor’s intention to withhold all or a part of each affected subcontractor’s payment including the reason for nonpayment.

3. Pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after (7) seven days following receipt by the Contractor of payment from Owner for work performed by the subcontractor under that Contract, except for amounts withheld, as allowed in #2 above.

A Contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of Owner. A Contract modification will not be made for the purpose of providing reimbursement by Owner for interest charges owed by Contractor. A cost reimbursement claim to the Owner shall not include any amounts for reimbursement of interest charges owed by Contractor.

DD. Payment by Electronic Funds Transfer (EFT):

(a) Method of payment.

(1) All payments by Newport News Public Schools (NNPS) under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event NNPS is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request NNPS to extend payment due dates until such time NNPS makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide NNPS with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the NNPS Accounting Department (hereafter referred to as “Accounting”) no later than 15 days prior to submission of the first request for payment. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the Accounting.

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to Accounting.

(c) Mechanisms for EFT payment. NNPS may make payment by EFT through the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association

(d) Suspension of payment.

(1) NNPS is not required to make any payment under this contract until after receipt, by Accounting, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

(2) If the EFT information changes after submission of correct EFT information, NNPS shall begin using the changed EFT information no later than 30 days after its receipt by Accounting to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by Accounting.