IFB 06-26 Construction of Biochar Facility.pdf

INVITATION FOR BID

for

BIOCHAR FACILITY CONSTRUCTION

IFB 06-26

Issued: October 22, 2026

Pre-Bid: November 2, 2026

Due Date: November 20, 2026

Southeastern Public Service Authority (SPSA) 723 Woodlake Drive, Chesapeake, VA 23320

757.420.4700 www.spsa.com

TABLE OF CONTENTS

SECTION I

PURPOSE

BACKGROUND

SCOPE OF WORK

SECTION II

BID PREPARATION AND SUBMISSION INSTRUCTIONS

SECTION III

METHOD OF AWARD

SECTION IV

GENERAL TERMS AND CONDITIONS

SECTION V

SPECIFIC TERMS AND CONDITIONS

SECTION VI - APPENDIX

BID FORM

PERFORMANCE BOND

SIGNATURE SHEET

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

REFERENCE FORM

ATTACHMENTS

ATTACHMENT A – CED PROJECT MANUAL 25014874B

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SECTION I

PURPOSE

The purpose of this Invitation for Bids (IFB) is to solicit formal sealed bids from qualified and experienced contractors for the construction and successful completion of a Biochar Facility for the Southeastern Public Service Authority of Virginia (SPSA). The project shall be completed in accordance with the requirements, specifications, terms, conditions, and performance standards set forth in this IFB.

BACKGROUND

SPSA is the regional solid waste collection and disposal agency for over one million residents in the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton, all located in the Commonwealth of Virginia. SPSA’s disposal system includes a Regional Landfill in Suffolk and nine Transfer Stations in various locations throughout the geographic territory served by SPSA, accompanied by a Transportation Operation, a Fleet Maintenance Facility, a Tire Shredder Facility, a White Goods Program, and a Household Hazardous Waste Program. Please see SPSA’s website for more information, available at www.spsava.gov.

SCOPE OF WORK

SPSA is soliciting a qualified Contractor to provide all labor, supervision, equipment, tools, materials, transportation, permits, testing, start-up services, and incidentals necessary to construct a Biochar Facility in accordance with the Contract Documents.

The Contractor shall be responsible for the construction of the Biochar Facility and all associated site improvements required for a complete, functional, and code-compliant

Facility to house AMP ONE® sorting equipment. The facility will support SPSA’s

SORT® System by processing organic materials recovered from the municipal solid waste stream into biochar through a thermal conversion process.

On November 3, 2025, the Southeastern Public Service Authority (SPSA) Board of

Directors approved a contract with AMP® formerly Commonwealth Sortation LLC. AMP will invest $200 million in waste management services and technology for SPSA’s eight member communities. This partnership will increase the region’s recycling and resource recovery rates and extend the life of the Regional Landfill until the end of the century.

The SPSA SORT® System will use cameras, robotics, and on-site AI to sort recyclable and organic materials directly from the waste stream. The technology will more than

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double the region’s recycling rate, increasing it from about 7% to a guaranteed 20%. A

Biochar facility is required to manage the Organic part of the SPSA SORT® System.

Detailed requirements of the Scope of Work are contained in the Project Manual and

Drawings, which are electronically posted with this solicitation.

The Contractor shall review all Contract Documents and shall furnish all labor, supplies, materials, warranties, and related services necessary to provide a complete and operational 40,872 square feet facility, ready for its intended use. Work shall be performed in strict accordance with all applicable federal, state, and local laws, regulations, codes, and the Contract Documents.

The successful Contractor shall coordinate all work with SPSA and other contractors as required to minimize disruptions to ongoing operations and shall be responsible for maintaining a safe work environment throughout the duration of the project.

The successful Contractor shall coordinate all construction activities with SPSA, AMP®, and AMP® contractors, vendors, suppliers, and equipment installers. The Contractor shall permit and accommodate concurrent access to the project site, processing floor, staging areas, laydown areas, access roads, and other designated work areas as required for the delivery, assembly, installation, testing, and commissioning of AMP® equipment and systems.

The Contractor shall cooperate fully with AMP® and its designated representatives to facilitate the orderly and efficient execution of all work. Such accommodations shall include, but not be limited to, scheduling coordination, access management, utility coordination, traffic control, crane and rigging activities, material staging, and delivery logistics.

The Contractor shall include in its construction planning and scheduling allowances for concurrent operations by AMP® ' vendors and suppliers throughout the duration of the project. No additional compensation or contract time extension shall be granted for impacts reasonably anticipated from the presence of AMP® personnel, vendors, suppliers, equipment installers, or delivery activities, except as otherwise approved in writing by SPSA through the change order process.

The Contractor shall maintain responsibility for overall site safety within its work areas and shall coordinate with all parties to minimize conflicts, disruptions, delays, and interference with ongoing construction, equipment installation, and commissioning activities. Cooperation with AMP® and its associated contractors is considered an essential requirement of this Contract.

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SPSA will provide office space and restroom facilities at site location for use during the project period and expects office to be turned back over to SPSA in like condition.

Standard Utilities are provided by SPSA during project period. Photographic documentation is required and should be provided prior to any meeting(s) scheduled.

The Project Manual and Drawings prepared and issued by Colliers Engineering &

Design shall serve as the official technical documents for this project and shall be the basis upon which Bidders prepare and submit their bids. Bidders shall rely on the requirements, specifications, drawings, and other information contained therein when formulating pricing and technical proposals.

During contract performance, all Requests for Information (RFIs), requests for clarifications, and technical interpretation questions shall be submitted directly to

Colliers Engineering & Design and directed to SPSA for review and response. Only written interpretations, clarifications, or modifications issued by Colliers Engineering &

Design and/or SPSA shall be considered binding.

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SECTION II

BID PREPARATION AND SUBMISSION INSTRUCTIONS

1. INVITATION FOR BID (IFB) RESPONSE: Bids will be received at the Purchasing Department of the Southeastern Public Service Authority of Virginia, in the Regional Office Building, 723 Woodlake Drive, Chesapeake, Virginia 23320, until 2:00 P.M. on November 20, 2026, in accordance with the specifications and other terms and conditions set forth herein.

Bids shall be delivered to SPSA in a sealed envelope showing on the outside the IFB number, time, date, and bid description.

Bidders shall submit one (1) original, and four (4) complete copies of bid on the furnished bid form plus an electronic copy on a flash drive.

2. PRE-BID CONFERENCE: A mandatory pre-bid conference will be held at 10:00 am on November 2, 2026, at 2 Victory Blvd. Portsmouth, VA 23702 to clarify and answer any questions regarding this bid. Any changes determined necessary which may affect the responses to this IFB will be formally addressed via addenda issued by SPSA.

3. BID OPENING: At 2:00 P.M. on November 20, 2026, all bids will be publicly opened and read aloud. Any bids received after the specified date and time will not be considered.

4. BID SOURCE/CHANGES TO THE IFB:

Any changes to the terms and conditions of this Invitation to Bid determined necessary by SPSA, in its sole discretion, will be formally addressed via addenda issued by SPSA. No purported modification of any term or condition of this IFB shall be binding upon SPSA unless it is made in strict accordance with this paragraph. Please direct all questions to SPSA via email at purchasing@spsava.gov and Todd.Arend@collierseng.com

Questions concerning this IFB shall be submitted in writing to the Procurement Officer no later than 3:00 p.m. local time, seven (7) calendar days prior to the scheduled bid opening. Questions received after this deadline may not be answered. Responses to questions deemed necessary for interpretation of the solicitation will be issued by written addendum. Only written addenda issued by SPSA shall be binding.

Bidders are solely responsible for ensuring that SPSA has valid contact information for the bidder, regardless of whether you received a copy of this IFB from SPSA or from any other source. If you receive a copy of this IFB from a source other than SPSA or eVA, please contact SPSA at the email address specified above (purchasing@spsa.com) and provide your name, address, telephone number, and

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email address. Please reference the IFB Number in the subject line of the email.

Thereafter, you will be added to the bidders list and will receive any addenda to the IFB.

5. BID PREPARATION:

(a) Bids shall be signed by an authorized representative of the bidder.

(b) All information requested in this IFB should be included as part of the bid.

Failure by any bidder to submit all information requested may result in SPSA requiring prompt submission of missing information by each such bidder and/or giving a lowered evaluation of the proposal to each such bidder.

Proposals that are substantially incomplete or lack key information may be rejected.

(c) Ownership of all data, materials, and documentation originated and prepared for SPSA pursuant to this IFB shall belong exclusively to SPSA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder must invoke the protections of § 2.2- 4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire bid document, line-item prices, and/or total bid prices as proprietary or trade secrets is not acceptable and will result in rejection of the bid.

6. Bidders are required to and must complete, sign and submit the following items as a complete bid:

(a) Bid Form

(b) Performance Bond Form (due upon award)

(c) Signature Sheet

(d) Proof of Authority to Transact Business in Virginia

(e) List of References

NOTE: Please see the Appendix for use in responding to certain of the above-stated specific bid instructions

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SECTION III

METHOD OF AWARD

1. AWARD OF CONTRACT: SPSA will make the award on the basis of the lowest responsive and responsible bidder. SPSA reserves the right to conduct any test it may deem advisable and to make all evaluations. SPSA also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

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SECTION IV

GENERAL TERMS AND CONDITIONS

1. COMMONWEALTH OF VIRGINIA PUBLIC PROCUREMENT ACT AND SPSA

PROCUREMENT POLICY: This Invitation for Bid is subject to the provisions of the Virginia Public Procurement Act and the SPSA Procurement Manual, including any revisions thereto in effect at the time of this Invitation for Bid.

2. APPLICABLE LAWS AND COURTS: This IFB and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the courts of the Commonwealth.

The contractor shall comply with all federal, state and local laws, rules and regulations that are applicable to this IFB and any resulting contract.

3. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED: By submitting a bid, bidders certify to SPSA 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, and, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the VPPA.

If an award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds; provided, however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by SPSA. (Va. Code § 2.2-4343.1(E)).

(a) During the performance of the contract, the contractor agrees as follows:

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

ii. The contractor, in all IFBs or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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

(b) The contractor will include the provisions of clause (a) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each applicable subcontractor or vendor.

4. ETHICS IN PUBLIC CONTRACTING: By submitting their bid, bidders certify that their bid is 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.

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with SPSA, the contractor certifies that the contractor does not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

6. DEBARMENT STATUS: By submitting their bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this IFB, nor are they an agent of any person or entity that is currently so debarred.

7. MANDATORY USE OF SPSA FORM AND TERMS AND CONDITIONS FOR IFBs:

Failure to submit a bid on the official SPSA 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, SPSA 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, SPSA 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

8. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications in this IFB or other IFB documents, the prospective bidder should contact SPSA’s Purchasing Department, via email at purchasing@spsa.com, no later than five (5) working days before the due date for bids. Any revisions to the IFB will be made only by addendum issued by SPSA.

9. PAYMENT:

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(a) To Prime Contractor Milestone Schedule:

(i) Contract Execution, Bonds, Insurance and Approved Submittal Package

Payment Amount: 10%

(ii) Completion of Site Preparation, Foundations, and Underground Utilities

Payment Amount: 30%

(iii) Mechanical/Electrical Completion and Operating Testing

Payment Amount: 50%

(iv) Final Acceptance, Submission of Documents, As-Built Drawings, Warranties, Training, and Resolution of Punch List Items

Payment Amount: 10%

Total Contract Value: 100%

(v) 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 SPSA contract number and/or purchase order number. Payment shall be made following completion of project and acceptance by SPSA.

(vi) 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.

(vii) All goods or services provided under this contract or purchase order, that is to be paid for with public funds, shall be billed by the contractor at the contract price.

(viii) The postmark date in all cases shall be deemed to be the date of payment.

(ix) Final payment shall not be due until all work is complete and accepted by SPSA and the Contractor has submitted all required closeout documentation, including but not limited to operation and maintenance manuals, warranties, training records, as-built drawings, equipment certifications, and any required releases of liens or claims

(b) To Subcontractors:

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(i) A contractor awarded a contract under this IFB is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from SPSA for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

(ii) 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 SPSA, 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 SPSA.

(c) SPSA recognizes the importance of timely payments to our vendors. Therefore, we offer our vendors the opportunity to enroll in our electronic fund transfer (EFT) program. This program allows us to make electronic fund transfer (EFT) payments to our vendors. Our EFT program is mutually beneficial and is our preferred method of payment. If you choose not to enroll in this program, payments will be made by check and mailed through the postal service which could impact how quickly you receive payments. Payment(s) made through EFT are processed every two weeks as compared to monthly in the form of a check.

Contractor is required to complete our EFT forms, ensuring faster payment transactions.

(d) For contracts for construction that provide for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety-five percent of the earned sum when payment is due, with no more than five percent being retained to ensure faithful performance of the contract. All amounts withheld may be included in the final payment. Any subcontract for a public project that provides for similar progress payments shall be subject to the provisions of this section.

10. QUALIFICATIONS OF BIDDERS: SPSA may make such reasonable investigations as deemed proper and necessary to determine the ability of each bidder to perform the services solicited by this IFB, and the bidder shall furnish to SPSA all such information and data for this purpose as may be requested. SPSA reserves the right to inspect each bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. SPSA further reserves the right to reject any bid if the evidence submitted by, or investigations of, a bidder fails to satisfy SPSA that such

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bidder is sufficiently responsible to carry out the obligations of the contract and to provide the services contemplated therein.

11. TESTING AND INSPECTION: SPSA reserves the right to any test/inspection it may deem advisable to ensure that goods and services provided under the contract conform to specifications.

12. ASSIGNMENT OF CONTRACT: The contract shall not be assignable by the contractor in whole or in part without the written consent of SPSA.

13. CHANGES TO THE CONTRACT: 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 any such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

14. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, SPSA, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which SPSA may have.

15. TAXES: Sales to SPSA 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.

16. USE OF BRAND NAMES: Unless otherwise provided in this IFB, 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 SPSA to determine if the product offered meets the requirements of the IFB. 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 IFB.

17. INSURANCE: By signing and submitting a bid under this IFB, the bidder certifies that, if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. The bidder further certifies that the contractor and any

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subcontractors will maintain this insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

(a) Employers’ Liability and Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify SPSA of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

(b) 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. SPSA must be named as an additional insured and so endorsed on the policy.

(c) Automobile Liability - $1,000,000 combined single limit. Contractor must assure that the required coverage is maintained by the contractor (or third-party owner of such motor vehicle.)

18. DRUG-FREE WORKPLACE: During the performance of the 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 IFBs 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 applicable subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, 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.

19. DISCRIMINATION PROHIBITED: No bidder or contractor shall be discriminated against in the IFB or award of any contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, faith-based organization or any other basis prohibited by state law relating to discrimination in employment or because the bidder or contractor employs ex-offenders unless SPSA makes a written determination that employing ex-offenders on the contract is not in its best interest.

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SPSA will facilitate the participation of small businesses, businesses owned by women, minorities, and service-disabled veterans, and employment services organizations in procurement transactions. Whenever direct IFBs to potential bidders, offerors or contractors are made, SPSA shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity, which list shall include all companies and organizations certified by the Department.

20. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that SPSA shall be bound hereunder and under the contract only to the extent of the funds available or which may hereafter become available for the purpose of the contract.

21. 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 the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with SPSA pursuant to the Virginia Public Procurement Act 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. SPSA may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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SECTION V

SPECIFIC TERMS AND CONDITIONS

1. BID ACCEPTANCE PERIOD: Any bid delivered in response to this IFB shall be valid for thirty (30) days (Acceptance Period). At the end of the Acceptance Period the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at the end of the Acceptance Period, then it remains in effect until an award is made or the IFB is canceled.

2. CANCELLATION OF CONTRACT: SPSA reserves the right to cancel and terminate any contract, in part or in whole, without penalty, upon sixty (60) days written notice to the contractor. 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.

3. AS BUILT DRAWINGS: The contractor shall provide SPSA a clean set of reproducible “as built” drawings and wiring diagrams, marked to record all changes made during installation or construction.

The contractor shall also provide SPSA with maintenance manuals, parts lists and a copy of all warranties for all equipment. All “as built” drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to SPSA upon completion of the work and prior to final payment.

4. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder within any 12-month period is $750,000 or more, the bidder is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder within any 12-month period is $150,000 or more, but less than $750,000 or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the bidder is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Licensed Class A Virginia Contractor No. _____ Specialty __________

Licensed Class B Virginia Contractor No. _____Specialty __________

Licensed Class C Virginia Contractor No. _____Specialty __________

If the bidder shall fail to provide this information on his bid or on the envelope containing the bid and shall fail to promptly provide said contractor license number to SPSA in writing when requested to

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do so before or after the opening of bids, he shall be deemed to be in violation of § 54.1 1115 of the Code of Virginia (1950), as amended, and his bid will not be considered.

If a bidder shall fail to obtain the required license prior to submission of his bid, the bid shall not be considered.

5. COOPERATIVE PROCUREMENT: This procurement is being conducted on behalf of the Southeastern Public Service Authority of Virginia (SPSA), and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act.

A contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms, if approved by Contractor. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal.

With the approval of the Contractor, any public body using the resultant contract has the option of executing a separate contract with the Contractor to add terms and conditions required by statute, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations.

SPSA, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public body, and in no event shall the SPSA, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a SPSA contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body.

SPSA assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification.

6. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless SPSA, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor and/or any services of any kind or nature furnished by the contractor, unless such liability is solely attributable to the gross negligence or willful misconduct of

SPSA.

7. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under the contract and all subcontractors that it may utilize, using its best skill and attention. Subcontractors who perform work under the contract shall be responsible to the prime contractor. The contractor is as fully responsible for the acts and omissions of its subcontractors and of persons employed by the subcontractors as it is for the acts and omissions of the contractor’s own employees.

The Prime Contractor is responsible for but not limited to a Site Foreman or their designee being on site at all times when active work is being performed; Utility locates, Site access requirements;

Maintain all required bonds, insurance coverages, certifications, and licenses throughout the duration

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of the Contract; Be responsible for protecting SPSA property, employees, visitors, and adjacent facilities from damage resulting from Contract operations; Provide adequate project management, scheduling, quality control, safety oversight, and site supervision to achieve timely and satisfactory completion of the Work; Serve as the sole point of contact with SPSA regarding all matters pertaining to Contract performance unless otherwise authorized in writing by SPSA. A bi-weekly meeting shall be required to include Site Foreman and SPSA Designee.

8. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation Commission (SCC). 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 is required to include in its bid a statement describing why the bidder is not required to be so authorized. Indicate the above information on the SCC Form provided in Appendix. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the IFB stage (including without limitation the SCC Form provided) is streamlined and not definitive, and SPSA’S use and acceptance of such form, or its acceptance of contractor’s statement describing why the bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue.

9. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for SPSA’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

10. CHANGE ORDERS AND MODIFICATIONS: Any Change Orders or Modifications will be assessed as presented and must be requested in writing, complete with description of changes or modifications to include total cost. Change Orders or Modifications will not be accepted unless a SPSA Change Order Form is completed and signed by both the Contractors authorized representative and a SPSA authorized representative.

11. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance of the work.

12. PERFORMANCE AND PAYMENT BONDS: The successful bidder shall deliver to SPSA executed Performance and Labor and Material Payment Bonds, for the total sum to equal 50% of the contract amount, with SPSA as obligee. The surety shall be a surety company or companies approved by the State Corporation Commission to transact business in the Commonwealth of Virginia. No payment shall be due and payable to the contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by SPSA. See Appendix for the form of bonds.

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13. LIQUIDATED DAMAGES, FURNISH AND INSTALL: Work shall begin seven (7) calendar days after receipt of purchase order or contract and all work shall be completed in 305 calendar days. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the specified Milestone Schedule listed in Sec. IV, item # 9, Payment, there will be deducted, not as a penalty but as liquidated damages, the sum of $7,500.00 per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of SPSA, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as SPSA deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the contractor, SPSA may extend the time for performance of the contract or delivery of goods herein specified at SPSA’s sole discretion for good cause shown.

14. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, SPSA reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available whenever such low bid exceeds the available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. SPSA shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that SPSA wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by SPSA and the lowest responsive, responsible bidder.

15. WARRANTY (COMMERCIAL): The contractor shall warrant all furnished equipment and installation services for a minimum period of one (1) year from the date of SPSA acceptance or the Manufacturer’s standard commercial warranty period, whichever is longer. Warranty service shall include all labor, parts, travel, diagnostics, shipping, and associated costs necessary to restore equipment to full operational capability . Warranty claims shall be responded to within forty-eight (48) hours of notification by SPSA unless otherwise approved by SPSA in writing and do not limit those available to the Commonwealth by any other clause of this IFB. A copy of this warranty should be furnished with the bid.

16. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to SPSA’s satisfaction at the contractor’s expense.

17. HAZARD COMMUNICATION PROGRAM: The Southeastern Public Service Authority is required in accordance with 29 CFR 1910.1200 to inform all SPSA and contractor personnel that work centers within SPSA have hazardous chemicals on site. SPSA and contractor personnel may be exposed to these hazardous chemicals while working at SPSA work centers. A written Hazard Communication Program has been developed to inform personnel of the specific hazardous chemicals at the work centers and the related safety information, including protective measures, special precautions and

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emergency procedures to be observed. The Hazard Communication Program including Material Safety Data Sheets for each hazardous chemical at the work centers will be made available to contractors. Contractors are responsible for communicating the information contained in the Material Safety Data Sheets to their personnel working at each SPSA work center. Contractors or contractor personnel are in turn responsible for having Material Safety Data Sheets on any hazardous chemical that they will be using or storing at a SPSA facility. Furthermore, these Material Safety Data Sheets must be at the SPSA facility where they are being used and available for inspection by or on behalf of SPSA.

18. SPSA ENVIRONMENTAL PROCUREMENT POLICY: In 2003, SPSA implemented an environmental management system (EMS) that conforms to the elements of the ISO 14001 Environmental Standard. SPSA’s EMS is designed to assist it in managing and minimizing the environmental impacts of its processes and activities, which are called environmental aspects.

SPSA will provide a list of the environmental aspects known to be associated with the planned/proposed activity in every IFB. Any contractor coming on any SPSA site to provide services to SPSA must comply with the policies, intent and/or procedures of SPSA’s EMS to manage these environmental aspects. This compliance will be demonstrated by the following:

(a) Agreeing in writing to comply with SPSA’s established emergency response procedures in the event of an incident that could adversely impact the environment; and

(b) Attending an environmental briefing prior to providing SPSA with any services. During this briefing, SPSA’s representatives and the contractor representative will collaboratively identify any planned activities, processes or products that could potentially impact the environment. Proactive measures designed to minimize these potential environmental impacts will be discussed. Results of this discussion will be documented on SPSA’s Contractor Environmental Briefing Form. The need for written procedures to manage those impacts will be determined at that time. If written procedures are required, the contractor representative shall:

(i) Provide SPSA copies of their existing written procedures (these procedures and/or instructions must be at least as stringent as SPSA’s established procedures for managing similar environmental aspects); OR

(ii) Agree in writing to follow the SPSA Standard Operating Procedures established to manage the identified environmental aspects.

19. SPSA’S CONTRACTOR SAFETY REQUIREMENTS: Contractor is required to adhere to SPSA’s Contractor Safety Requirements at all times. A copy of which may be obtained at https://www.spsava.gov/DocumentCenter/View/215/Contractors-Safety-Program-2019--PDF.

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SECTION VI - APPENDIX

1. Bid Form

2. Performance Bond

3. Signature Sheet

4. Proof of Authority to Transact Business in Virginia

5. Reference Form

6. Attachments

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BID FORM

(Submit with Proposal)

Bid Item Construction of Biochar Facility

IFB Number IFB 06-26 Date Issued: October 22, 2026

Bid Opening November 20, 2026 Time: 2:00 pm EST

The bidder agrees to furnish and deliver to the Southeastern Public Service Authority of Virginia, at the place specified, the items or services in accordance with specifications herein at the prices quoted below.

Submit original (with original signature) and one (1) complete copy of bid on this form to address listed in Section II, Bid Preparation and Submission Instructions. Bidder is required to complete and sign all information.

Description

Proposed Cost

Construction of Biochar Facility

Number of Days Needed to Complete Project

The Bidder hereby acknowledges receipt of the following addenda:

ADDENDUM NO.

ADDENDUM DATE

Bidder:

Address: _____________________________________________________________

City, State, Zip Code: ___________________________________________________

Typed Name, Title: _____________________________________________________

Email Address:

Telephone # Fax #_____________________

Signature: Date:

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That _______________________, the Contractor (“Principal”) whose principal place of business is located at ____________, and ______________ (“Surety”), whose address for delivery of notices is located at _____________, are held and firmly bound unto the Southeastern Public Service Authority of Virginia, (“Obligee”), in the amount of _____________dollars ($__________) (the “Bonded Sum”) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated _______ entered into Contract No. IFB 06-26 with Obligee for ____________________________, which contract (the "Contract") is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform all its obligations under said Contract in strict conformity with the plans, specifications and conditions of the Contract during the time specified in the Contract and any extensions thereof as may be granted by the Obligee with or without notice to Surety, and shall also promptly and faithfully perform all requirements of any amendment to the Contract made as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Any amendments which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other amendments, extensions or forbearance on the part of either or both of the Obligee or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such amendment, extension, or forbearance being hereby waived.

Whenever the Principal is in breach of the Contract and the Obligee has given Surety written notice of such breach and written demand for Surety to act under this paragraph, the Surety shall contact the Obligee in writing and arrange an in-person or telephone conference to be held with Obligee within ten days of such written demand to discuss methods of remedying the breach. Within forty days after such written demand, the Surety shall take one of the following actions: (1) fully remedy the breach; (2) unconditionally pay the Bonded Sum to the Obligee; (3) if acceptable to Obligee (in Obligee’s sole discretion), enter into a written takeover agreement with Obligee by which Surety (through specified agents or independent contractors) undertakes to perform all of Principal’s obligations under the Contract and pay all damages for which Principal is liable under the…