IFB 07292026-1400 Livingston ES Drain Field Rehab.pdf

By executing this IFB cover sheet, bidder acknowledges that they have read this IFB, understand it, and agree to be bound by, SBCS’s general construction terms and conditions. The undersigned Contractor hereby offers and agrees to furnish all goods and services required by this IFB and

Spotsylvania County Schools

Purchasing Office

8020 River Stone Drive

Fredericksburg, VA 22407 Phone: 540-834-2500

Fax: 540-834-2559

Invitation for Bid (IFB)

IFB NUMBER 07292026-1400

TITLE Livingston Elementary School Drain Field Rehab

ISSUE DATE 7/13/2026

PURCHASE OFFICER Jamie Pitts, VCO/CPPB

EMAIL ADDRESS jpitts@spotsylvania.k12.va.us

ELECTRONIC

RESPONSE DUE

DATE

Electronic Bids will be Received from qualified Contractors Until July 29, 2026 @ 2:00 PM, Eastern

Standard Time (EST). Bids received after this due date and time shall not be accepted.

MANDATORY

PRE-BID

A Mandatory pre-bid conference will be held at 1:00 PM, July 16, 2026 at the physical work location of the improvement project: 6057 Courthouse Road Spotsylvania, VA 22551

CONTRACT TERM Contract Term will be from the date of Notice to Proceed through January 17, 2027.

BID

SUBMISSION

Submit electronic proposals as follows: Submit via eVA at the following link: www.eva.virginia.gov. When submitting electronic responses, Bidders who responded to the previous round (before an addendum) must respond again to the new amended round in eVA to successfully submit their bid. Bidders are solely responsible for ensuring documents are uploaded in eVA.

PUBLIC BID

OPENING

The public bid opening will be held virtually at 2:30 pm, following the deadline for bid receipt via the following

Google Meet link:

Meeting code meet.google.com/rad-rcio-cht Phone Numbers

(US)+1 505-289-2878

PIN: 161 431 686#

INQUIRIES All technical inquiries for information should be directed to Jamie Pitts, email: jpitts@spotsylvania.k12.va.us.

All questions regarding the IFB must be received in writing by email, subject: “Questions regarding IFB

#07292026-1400” on or before July 22, 2026 no later than 12:00 pm. Spotsylvania County Public Schools will not be bound by verbal responses to questions.

TERMS &

CONDITIONS

This solicitation is subject to the provisions of the Spotsylvania Public Schools Invitation for Bids (IFB) and any addenda, attachments, exhibits, revisions, or amendments thereto, which are hereby incorporated into this

Bid in their entirety. General Conditions for the Contract of Construction, as modified by the Supplemental

General Conditions attached hereto, shall also be part of any Bid. The IFB Package is available at no charge on the Commonwealth of Virginia’s electronic Purchasing system, eVA. www.eva.virginia.gov. Please be observant of all IFB instructions and specifications.

VENDOR INFORMATION

Name of firm: Date:

Address of firm: ZIP:

By (signature in blue ink):

Name (print): Title (print): Phone:____________________

Email address: ________ State Corporation Commission Number: ___________________ (must be active)

Class A License Number issued by the State of Virginia: __________________________________________ http://www.eva.virginia.gov/ https://meet.google.com/rad-rcio-cht?hs=122&authuser=0 tel:+1-505-289-2878 about:blank certifies that all information it has provided in response to this IFB is true, correct, and complete. The undersigned declares they are fully authorized to sign on behalf of the firm listed and to fully bind the firm to all conditions and provisions herein. It is agreed that no person or persons or company other than the firm listed below or as otherwise indicated hereinafter has any interest whatsoever in this proposal of the Contract that may be entered into as a result thereof and that in all respects the proposal is legal and fair, submitted in good faith without collusion or fraud.

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

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

PAGE 1 AND 2 MUST BE SUBMITTED WITH BID

SECTION 00 02 00 INFORMATION FOR BIDDERS

PART I - GENERAL

1.01 SUBMISSION OF BIDS AND BID OPENING

A. SBCS is requesting bids from qualified Contractors for the Livingston Elementary School

Drain Field Project. The project is generally described as the demolition and removal of existing building structures, including associated site features and utilities. Work includes, but is not limited to, demolition of buildings; removal of below-grade construction; disconnection, capping, sealing, and/or removal of site utilities; and salvage of designated items for reuse by the Owner. The Contractor shall perform all work in accordance with applicable specifications, including but not limited to Section 011000 “Summary,” Section 013200

“Construction Progress Documentation,” and Section 311000 “Site Clearing,” as well as all related plans, drawings, and contract documents.

B. Bids will be received by the School Board of Spotsylvania County, d/b/a Spotsylvania

County Public Schools (herein referred to as “Spotsylvania Schools”) and will be opened and read aloud during a virtual bid opening at the time and date set forth in the Invitation to Bid. Bidders, or their representatives, and other interested persons may attend the virtual opening of Bids. If Spotsylvania Schools offices are closed at the solicitation due date and time specified in the IFB, then the bid opening will be conducted at the same time of day specified in the IFB on the first work day that normal Spotsylvania Schools business operations resume.

C. The electronic bid, and any modification or withdrawal thereto, must be submitted electronically via the Commonwealth of Virginia’s ePurchasing platform, eVA, www.eva.virginia.gov. For help in submitting your bid in the eVA system, please call eVA Customer Care 1-866-289-7367 or visit https://eva.virginia.gov/get-help-customer-care-forms.html. Bidders shall submit one (1) original electronic copy and one (1) redacted electronic copy (The redacted copy only need be submitted if the Contractor has trade secrets, financial data, or other information clearly marked as proprietary).

D. The Bidder shall assume full responsibility for timely submission and receipt of electronic

Bids, and any modifications or withdrawals thereto.

1.02 BIDDING DOCUMENTS

A. Bidding Documents included in the Invitation to Bid, http://www.eva.virginia.gov/ https://eva.virginia.gov/get-help-customer-care-forms.html https://eva.virginia.gov/get-help-customer-care-forms.html

a. Section 00 11 16 – Bid Invitation,

b. Section 00 21 13 – Information for Bidders,

c. Section 00 41 00 – Bid Form with all required Attachments A-I (must be returned with bid),

d. Section 00 52 00 – Owner-Contractor Agreement,

e. Section 00 72 00 – General Conditions, including any Addenda issued prior to receipt of Bids.

f. Exhibit A – Project Manual

g. Exhibit B – Drawings

All requirements and obligations of the Bidding Documents are hereby incorporated by reference into the Contract Documents and are binding on the successful Bidder upon award of the Contract.

B. Bidders shall use complete sets of Bidding Documents in preparing Bids. Neither the

School Board of the County of Spotsylvania (“School Board”, “Owner”, “Spotsylvania

County Public Schools”, “SBCS” or “Spotsylvania Schools”), the Architect or Engineer shall assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. Spotsylvania Schools, in making copies of the Bid Documents available, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

1.03 DEFINITIONS

A. BID.

A Bid is a complete and properly signed Bid to do the work for the sum stipulated therein, submitted in accordance with the Bidding Documents.

B. BASE BID:

The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deducted for sums stated in Additive and/or Deductive Bid items, if any.

C. ADDITIVE/DEDUCTIVE BID ITEMS:

An Additive or Deductive Bid is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

D. BIDDER:

A Bidder is a vendor that submits a bid in response to an Invitation for Bid. The term

Bidder is referred to throughout the Contractor Documents as if singular in number and masculine in gender.

1.04 QUALIFICATION OF BIDDER

A. Minimum Contractor Qualifications

The Contractor shall be licensed by the Virginia Department of Professional and Occupational

Regulation (DPOR) as a Class A Contractor and shall hold the appropriate specialty classification required to perform the work.

The Contractor shall employ or have under contract an individual who holds a current Master

Alternative Onsite Sewage System Installer license issued by DPOR, who shall be responsible for supervision of the installation.

The contractor or electrical subcontractor, shall employ or have under contract a licensed Master

Electrician responsible for the electrical work associated with this project.

All subcontractors shall possess the licenses and certifications required by the Commonwealth of

Virginia to perform their respective scopes of work and obtain all required permits.

The Contractor shall provide copies of all required licenses and certifications with the bid or prior to contract award, upon request.

B. All required qualification information, including project experience and references, shall be submitted on Attachment B – Qualifications and Reference List. For each project listed in Attachment B, the

Bidder shall provide the project name and location; Owner and/or Owner’s Representative; contact name, phone number, and email address; contract start and completion dates; construction start and completion dates; description of work performed; name of the design engineer or consulting firm; and original contract amount and final contract amount.

C. All Bidders must provide evidence of the successful completion of projects of similar size, scope, and technical complexity. The Owner reserves the right to verify all information and references provided in

Attachment B and to determine whether the submitted projects demonstrate the Bidder’s qualifications to perform the Work. Failure to submit a completed Attachment B or failure to meet the minimum qualification requirements may result in the Bid being deemed nonresponsive in accordance with the

Virginia Public Procurement Act. Prior to contract award, or within seven (7) days of request, the apparent low bidder shall be prepared to demonstrate that its organization, staffing, and prior experience are of sufficient size and capability to successfully perform and complete the Work in accordance with the Contract Documents.

1.05 BIDDER REPRESENTATIONS

Each Bidder by submitting his Bid represents that:

A. Bidder has read and understands the Bidding Documents and his Bid is made in accordance therewith; and Bidder agrees to be bound by the terms and requirements set forth in the Bidding and Contract Documents;

B. Bidder has visited the site, has familiarized himself with the local conditions under which the Work is to be performed in accordance with Paragraph 1.07 of the Information for

Bidders and has correlated his observations with the requirements of the proposed

Contract Documents;

C. The Bid is based upon the materials, systems and equipment required by the Bidding

Documents without exception; and

D. Bidder has the capability, in all respects, and the moral and business integrity, reliability, technical ability, financial resources, plant, management, superintendence, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents and with any and all schedules and Milestone and Completion dates required by Spotsylvania Schools. The Bidder acknowledges and represents that he has made allowances for normal inclement weather indigenous to the

Project Site, in his estimating, planning, and scheduling of the Work. The Bidder further acknowledges that the Contract Documents are, in his opinion, appropriate and adequate for completing this project and for the construction of sound and suitable work. The

Bidder hereby certifies that the work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified.

1.06 BID SECURITY

A. Each Bid in excess of $100,000 must be accompanied by (1) Irrevocable Letter of Credit;

or (2) a Cashier's Check or a Certified Check from the Bidder in an amount not less than five percent (5%) of the Bid, made payable to Spotsylvania County Public Schools; or (3) a Bidder's Bond on the Bid Bond Form provided herein or on a similar form which in every respect materially complies with said Bid Bond Form, in the amount of five percent

(5%) of his Bid; or (4) a cash escrow in the face amount required for by the bond with a lending institution insured by the FDIC. The Bidder’s Bond shall be issued by a surety company licensed to conduct business in Virginia and acceptable to Spotsylvania Schools.

A PDF of the bid security must be submitted with the bid in eVA. If the bidder’s bid security is in the form of a cashier’s or certified check, in addition to submitting a PDF of the bid security in eVA, the bidder shall contact Spotsylvania Schools Purchasing

Department at email purchasing@spotsylvania.k12.va.us to schedule drop off of the check at the Administration Office located at 8020 River Stone Drive Fredericksburg, VA

22407, prior to the deadline for receipt of bids. Spotsylvania Schools must receive the physical check prior to the due date and time for receipt of bids

B. Said Bid security is given as a guarantee that the Bidder will enter into a Contract if awarded the work and, in the case of the Successful Bidder’s refusal or failure to execute the Contract within thirty (30) days after he has received notice of the acceptance of his bid, shall forfeit to Spotsylvania Schools the security deposited with his bid. If no

Contract has been awarded or the Bidder has not been notified of the acceptance of his

Bid, within one hundred twenty (120) days of the Bid opening, the Bidder may withdraw his Bid and request the return of his Bid security. If, at Spotsylvania Schools’ request, the

Bidder agrees to extend and maintain his Bid beyond the specified one hundred twenty

(120) days, his Bid security will not be returned.

1.07 SITE CONDITIONS AND CONDITIONS OF WORK

A. Each Bidder shall acquaint himself thoroughly as to the character and nature of the work to be done. Each Bidder furthermore shall make a careful examination of the site of the work and inform himself fully as to the difficulties to be encountered in the performance of the work, the facilities for delivering; storing and placing materials and equipment, and other conditions relating to construction and labor.

B. No plea of ignorance of conditions that exist prior to submission of bids, or may hereafter exist on the site of the work subsequent to the Notice to Proceed, or difficulties that may be encountered in the execution of the work, as a result of failure to make necessary mailto:procurement@staffordschools.net investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill in every detail all the requirements of the

Contract Documents and to complete the work for the consideration set forth therein, or as a basis for any claim whatsoever.

C. Insofar as possible or as required by the Contract Documents, the Successful Bidder, in carrying out his work, must employ such methods or means as will not cause interruption of or interference with the work of Spotsylvania Schools or any separate contractor.

1.08 BIDDERS' QUESTIONS, ADDENDA AND INTERPRETATIONS

A. Bidders and Sub-bidders shall promptly notify Spotsylvania Schools of any ambiguity, inconsistency or error that they may discover upon examination of the solicitation and

Contract Documents or of the site and local conditions. No interpretation of the meaning of the contract documents will be made to any Bidder orally.

B. Every request for such interpretation should be in writing addressed to Spotsylvania

Schools, and to be given consideration must be received by July 22, 2026 by 12:00 pm.

Emailed requests are acceptable and preferred. Emails are to be sent to the Purchasing team, at jpitts@spotsylvania.k12.va.us.

C. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the Bidding Documents which, if issued, will be available on eVA, the Commonwealth of Virginia’s e-Purchasing system at (www.eva.virginia.gov).

Spotsylvania Schools will not be responsible for any other explanations or interpretations of the proposed documents. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve any Bidder from any obligation under his Bid as submitted.

All Addenda so issued shall become part of the Contract Documents.

D. If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the

Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bidding or Contract

Documents, said Bidder (or sub-bidder) has an obligation to seek a written clarification thereof from Spotsylvania Schools prior to Bid. Spotsylvania Schools will welcome such a written clarification request, and, if deemed necessary by Spotsylvania Schools, Spotsylvania Schools will issue a written Addendum clarifying the matter in question.

Should the Bidder fail to seek such a clarification prior to Bid, Bidder thereby waives, and agrees to indemnify and hold Spotsylvania Schools and Architect/Engineer harmless from, any claim, suit or cause of action arising out of or related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person bidding to mailto:jpitts@spotsylvania.k12.va.us.

https://www.eva.virginia.gov/ https://www.eva.virginia.gov/ https://www.eva.virginia.gov/

Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of Bid.

E. Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued, and he shall acknowledge receipt and inclusion in his bid of all Addenda.

F. It is Spotsylvania Schools’ intent that this Invitation for Bid (IFB) permits competition. It shall be the bidder’s responsibility to advise the Spotsylvania Schools Purchasing

Department, in writing via email to jpitts@spotsylvania.k12.va.us, if any language requirement, specification, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by Spotsylvania Schools no fewer than fifteen (15) calendar days prior to the date set by this IFB for receipt of bids by Spotsylvania Schools.

1.09 SECURITY FOR FAITHFUL PERFORMANCE

For bids exceeding $500,000, the Successful Bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Contract, and also a Labor and Material Payment Bond in an amount not less than one hundred percent (100%) of the Contract Sum, as security for the payment of all persons performing labor and furnishing materials under this Contract. The Performance Bond and the Labor and Material Payment Bond shall be in separate instruments acceptable to

Spotsylvania Schools, in accordance with State law and shall be delivered to Spotsylvania

Schools not later than the date of execution of the Contract. The surety shall be such surety company or companies that are acceptable to Spotsylvania Schools and that are authorized to transact business in the Commonwealth of Virginia.

1.10 TIME FOR COMPLETION, LIQUIDATED DAMAGES FOR NON COMPLETION

A. The time for completion of this Contract shall be as fixed in the Bid Form. Unless otherwise specified in Section 00 52 00 - Owner-Contractor Agreement.

B. It is the intent of Spotsylvania Schools to execute a Contract with the successful Bidder within one hundred twenty (120) days after receiving Bids.

1.11 LOCATION OF WORK

A. The site of the proposed work is on Spotsylvania Schools owned property, public streets, easements and/or other right of ways, as shown on the drawings.

mailto:jpitts@spotsylvania.k12.va.us,

1.12 LIABILITY INSURANCE AND WORKERS’ COMPENSATION

A. The Successful Bidder will be required to carry public liability and workers’ compensation and other insurance in the amount and under the terms stipulated in the

General Conditions.

1.13 BIDDERS REFERRED TO LAWS

A. The Successful Bidder shall comply with all applicable laws, statutes, codes, building codes, rules, regulations and lawful orders of all governmental, public and quasi-public authorities and agencies having jurisdiction of the Work, the Project and the Site.

B. The provisions of this contract shall be interpreted in accordance with the laws of the

Commonwealth of Virginia and in accordance with the laws, ordinances, regulations, permits and resolutions of Spotsylvania County and Spotsylvania Schools.

1.14 TAXES

All applicable Federal, State and Local Taxes shall be included in the Bidder's bid .

The Successful Bidder shall pay all sales, consumer, use and other similar taxes for the Work provided by the Successful Bidder which are legally enacted at the time bids are received.

Spotsylvania Schools is exempt from the payment of federal excise and state taxes. Therefore, prices bid by Bidders to Spotsylvania Schools must be net, exclusive of taxes. In other words, Spotsylvania Schools pays sales tax on goods and materials incorporated into the Work;

however, Spotsylvania Schools does not pay sales tax on the value of the construction contract or subcontracts.

1.15 RIGHT TO CANCEL OR REJECT BIDS

A. Spotsylvania Schools expressly reserves the right to reject any or all Bids, to waive any informalities in the Bids received, and to accept that Bid which, in its judgment, best serves the interest of Spotsylvania Schools.

B. Spotsylvania Schools reserves the right to cancel this Invitation for Bid (IFB) or any resulting award, in whole or in part, at any time prior to execution of a contract, without liability to any bidder or offeror. Such cancellation may be made when, in the sole judgment of SCPS, it is determined to be in the best interest of the School Division to do so, whether for lack of funds, change in scope, procedural error, or other reasons deemed appropriate by the Owner.

1.16 EQUAL PRODUCTS AND SUBSTITUTIONS

A. Unless otherwise provided in the Contract Documents, the naming of a certain brand, make or manufacturer or article, device, product, material, fixture, form or type construction by name, make or catalog number, shall convey the general style, type, character and standard of quality of the article desired and shall not be construed as limiting competition. Any Bidder, in such cases, may, with Spotsylvania Schools approval, use any article, device, product, material, fixture, form or type of construction which in the judgment of the Architect/Engineer/Construction Manager (A/E/CM) and

Spotsylvania Schools is equal to and/or will serve as a substitution for that specified considering quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the project. Approval of equal and/or substitute products by Spotsylvania Schools prior to bid opening will be in the form of an

Addendum to the Specifications issued to all prospective Bidders indicating that the additional makes or brands are equivalent to and/or are acceptable substitutes to those specified.

1. Products that are a part of a warrantable system assembly will not be considered on an individual basis. Requests for substitutions for these products will only be considered as part of a whole system substitution request.

B. Equal Products and Substitutions Prior to Bid Opening:

1. To obtain such approval of makes or brands of materials other than those specified in

Contract Documents, the Bidder shall submit the Bidder’s Request for Equal and/or

Substitute Product Approval and Bidder’s Representation Form with adequate supporting technical data, as required below, to Spotsylvania Schools Purchasing at jpitts@spotsylvania.k12.va.us not less than fifteen (15) calendar days before the bid opening. This form is located in Section 00 41 00 – Bid Form.

2. The Bidder's request for approval of any equal and/or substitute product shall include:

a. Itemized comparison of proposed equal and/or substitute product with product or method specified;

b. Product identification, including manufacturer's name, address and phone number,

c. Manufacturer's literature showing complete product description, performance and test data, and all reference standards, mailto:%20jpitts@spotsylvania.k12.va.us mailto:%20jpitts@spotsylvania.k12.va.us

d. Samples and colors in the case of articles or products,

e. Name and address of similar projects on which the product was used and date of installation,

f. For construction methods, include a detailed description for proposed method and drawings illustrating same, and

3. If an equal and/or substitute product is approved by an Addendum, any bidder that submits a bid that will u se the pre-approved equal and/or substitute product must submit a Bidder’s

Notice to Use Pre-Approved Equal and/or Substitute Product(s) form with his bid.

C. The decision of Spotsylvania Schools regarding the approval of items as equal products will be final.

D. A change in brand or make from the originally specified item or product may also be considered if satisfactory written evidence is presented to the A/E/CM and approved by

Spotsylvania Schools that the original manufacturer cannot make scheduled delivery of the approved item.

E. The Bidder may request approval for equal products after award of the Contract in accordance with the provisions of the General Conditions.

F. Equal products will not be considered for approval by Spotsylvania Schools prior to or after award of the Contract if acceptance of the proposed equal product will require substantial design revisions to the Contract Documents or is otherwise not acceptable to

Spotsylvania Schools or A/E/CM.

G. Equal products will not be considered for approval by Spotsylvania Schools after award of the Contract if the proposed item is indicated or implied on shop drawings or product data submittals and has not been formally submitted for approval by the Bidder in accordance with the above stated requirements.

H. Bidders, other than the bidder who requested a particular equal product, that choose to utilize that equal product, as approved by Addendum, shall comply with the Bid Form submittal requirements of Article 1.16, subparagraph B.3 herein. All provisions herein and in the

General Conditions regarding the use of said equal product shall apply to all Bidders who choose to utilize said equal product.

1.17 PREPARATION AND SUBMITTAL OF BID FORM:

A. Bids shall be submitted utilizing the Section 00 41 00 – Bid Form as found herein, or otherwise provided with the Contract Documents, and shall be complete in every respect.

The total Bid amount shall be entered in words and figures in the space provided along with any Additive and/or Deductive Bids, if applicable. Where applicable, the unit price or lump sum items, and their extensions shall be entered in figures in the respective columns provided for each Bid item. All entries shall be typewritten or printed. A failure to comply with this requirement may be cause for disqualification of the Bid.

B. Bids shall not contain any restatement or qualifications of work to be done and Additive and Deductive Bids will not be considered unless called for. No oral, telephonic, faxed and/or emailed Bids or modifications will be considered.

C. Bids shall be submitted electronically on or before the day and hour set for the receipt of bids.

D. Each bidder is and shall be subject to the provisions of the Virginia Governmental Frauds

Act, Virginia Code, Title 18.2, Chapter 12, Article 1.1. In compliance with this law, each bidder is required to submit a certification that its bid, or any claim resulting therefrom, is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce, or any act of fraud punishable under the Act. Any bidder who knowingly makes a false statement on the Certificate of No Collusion shall be guilty of a felony, as provided in Virginia Code § 18.2-498.1, et seq.

1.18 MODIFICATION OR WITHDRAWAL OF BID

A. A Bidder may withdraw his Bid from consideration after bid opening if the price Bid was substantially lower than the other Bids due solely to a mistake therein, 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. 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.

B. Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn in eVA. For help in submitting, modifying, or withdrawing your bid in the eVA system, please call eVA Customer Care 1-866-289-7367 or visit https://eva.virginia.gov/get-help-customer-care-forms.html.

C. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with this Information for Bidders.

D. Bid security, if any is required, shall be in an amount sufficient for the Bid as modified or resubmitted.

E. A decision denying withdrawal of Bid pursuant to this Article 1.18 shall be final and conclusive unless the Bidder appeals the decision within ten (10) days after receipt of the decision by invoking the procedures specified in Paragraph 1.23 herein.

F. If, upon appeal, it is determined that the decision refusing withdrawal of the Bid was arbitrary or capricious, the sole relief shall be withdrawal of the Bid and return of his bid security.

1.19 SAFETY

A. It shall be required that each bid submitted to Spotsylvania Schools for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three years prior to the bid submission:

1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration;

(b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan for any other public jurisdiction; or

2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; or (b) the Virginia

Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other public jurisdiction.

3. Termination of a contract between the contractor and any public entity by their purchasing agent or his designee for safety violations.

B. If the bidder has not received or been the subject of any such violations referenced in paragraph A in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the Bid Form entitled Certification of Safety Violations. The bidder will also indicate on this form each state in which work was performed in the three (3) years prior to the bid submission.

C. No bidder or contractor may bid on a Spotsylvania Schools construction contract who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph A, which have become final within the three (3) years prior to the bid submission.

1. Notwithstanding the language of paragraph C, above, any bidder or contractor who has been the subject of a violation, as described in paragraph A.1, which has become final in the three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria set forth in paragraph E, below.

2. Notwithstanding the language of paragraph C, above, any bidder or contractor who has been the subject of the type and number of violations as described in paragraph A.2, which have become final within three (3) years prior to bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph E, below.

3. Notwithstanding the language of paragraph C, above, any bidder or contractor who has previously been terminated from a public contract, as described in paragraph A.3, within three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph E, below.

D. Prior to bidding on a project, under the provisions of paragraph C above, a contractor may request that a determination be made by Spotsylvania Schools’ Deputy Superintendent and

Chief Financial Officer, regarding their eligibility to submit a bid on a contract. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received by

Spotsylvania Schools’ Superintendent and Chief Financial Officer no later than twenty-one

(21) days before bids are due unless otherwise stated in the Invitation to Bid. A notice of the bidder’s request for determination of eligibility will be posted publicly for comments by any interested party. The bidder’s request for determination of eligibility and all supporting documentation provided by the bidder to Spotsylvania Schools in support of its request shall be open to the inspection of any interested person, firm or corporation in accordance with the requirements of the Virginia Freedom of Information Act.

E. At the request of the Superintendent and Chief Financial Officer or designee, Spotsylvania

Schools shall evaluate a contractor's eligibility. Contractors may be subject to a special audit of their safety records as required. The criteria used by Spotsylvania Schools in evaluating contractor’s eligibility shall include but not be limited to the following:

1. Corrective action taken by a bidder or contractor to prevent the recurrence of safety violations.

2. Days Away From Work Incident Rate for the past three (3) years.

3. Summary of Work-Related Injuries and Illnesses/Incident Rate for the past three (3) years.

4. Worker’s Compensation Experience Modification Rating for the past three (3) years.

5. Fatality record for the past five (5) years.

6. Detailed information regarding the firm’s safety program including but not limited to a

Safety and Health plan and qualifications of the safety personnel.

7. Verification that management staff directly in charge of projects that experienced safety violations listed in aforementioned paragraph A will not be involved in Spotsylvania

Schools project.

8. Incorporation of safety and health related issues into their new employee orientation programs.

9. Incorporation of work safety as a part of an employee's performance evaluation.

10. Support of safety related matters by senior/corporate management. Does the firm have a safety policy statement signed by a member of senior/corporate management?

11. Designation of a full time Safety Manager. Does this person report to a high level, authoritative position within the Company?

12. Frequency and type of safety inspections conducted at work sites.

13. The number and type of safety training programs conducted for employees.

14. Frequency of safety "tailgate meetings" conducted by the firm.

15. Designation of an active safety committee, frequency of their meetings and list of members of the committee.

16. Active membership in a recognized construction safety organization.

F. The determination of eligibility rendered by the Superintendent and Chief Financial Officer his designee shall be final unless it is appealed within 10 days to the Spotsylvania Schools

Superintendent in accordance with Article 1.23.

G. It shall be a condition of each Spotsylvania Schools construction contract, as discussed above, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer, mechanic, or other person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or dangerous to his safety, as determined under construction safety standards promulgated by the U.S. Department of Labor or the Virginia Department of Labor and Industry.

H. The contractor awarded a Spotsylvania Schools construction contract shall certify in writing that they will not knowingly, willfully, or recklessly employ or contract with any person, company, corporation, or any other entity for services pursuant to that contract if such person, company, corporation, or other entity could not have been awarded such contract due to the restrictions in paragraph C, above.

I. The contractor shall also certify in writing that all safety related information provided in accordance with this Article 1.19 is complete, accurate and truthful.

J. The failure to provide information requested pursuant to this Article 1.19 or the failure to conform to the certification requirements of this Article 1.19 shall be grounds for declaring a bidder non-responsive.

K. Spotsylvania Schools may impose the following sanctions upon a contractor who willfully submits any false or misleading certification or information regarding material facts in connection with submissions pursuant to this Article 1.19, or willfully omits any certification or information regarding material facts. The term willful shall include intentional or reckless acts or omissions.

(1) Disqualify the prospective bidder from bidding a contract.

(2) Debar the contractor from bidding future contracts for a period not to exceed three years.

(3) Terminate the contract awarded to the bidder after providing notice and opportunity to be heard.

1.20 AWARD OF CONTRACT

The Contract will be awarded to the lowest responsive and responsible Bidder.

A. The low Bidder, for purposes of award, shall be the responsive Bidder offering the lowest aggregate amount for the base bid item, plus additive or deductive bid items in the order listed, within funds available for the project.

When it appears that funds available for a project may be insufficient for all the desired features of construction, Spotsylvania Schools may provide in the Invitation for Bids for a base bid item covering the work generally as specified and one or more additive or deductive bid items progressively adding or omitting specified features of the work in a stated order of priority. In such case, Spotsylvania Schools, before the opening of bids, shall record in the contract file the amount of funds available for the project.

B. A Responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bidding Documents.

C. A Responsible Bidder shall mean a Bidder who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. In determining responsibility, the following criteria will be considered:

1. The ability, capacity and skill of the Bidder to perform the contract or provide the service required;

2. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

4. The quality of performance of previous contracts or services. For example, the following information will be considered:

a. The administrative and consultant cost overruns incurred by Spotsylvania Schools on previous contracts with Bidder,

b. The Bidder's compliance record with contract general conditions on other projects,

c. The submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects.

d. The Bidder's record for completion of the work within the Contract Time or within

Contract Milestones and Bidder's compliance with scheduling and coordination requirements on other projects,

e. The Bidder's demonstrated cooperation with Spotsylvania Schools, Architect/Engineer and other contractors on previous contracts,

f. Whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents; and

g. Whether the work performed on other contracts was of high quality.

5. The previous and existing compliance by the Bidder with laws and ordinances relating to contracts or services;

6. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service;

7. The quality, availability and adaptability of the goods or services to the particular use required;

8. The ability of the Bidder to provide future maintenance and service for the warranty period;

9. The number and scope of the conditions attached to the bid; Whether the Bidder is in arrears to Spotsylvania Schools on debt or contract or is a defaulter on surety to

Spotsylvania Schools or whether the Bidder's Spotsylvania County taxes or assessments are delinquent; and

10. Such other information as may be secured by Spotsylvania Schools, having a bearing on the decision to award the contract, to include, but not limited to:

a. The ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work,

b. Whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

D. The purpose of the above is to enable Spotsylvania Schools, in its opinion, to select the

Bid which is in the best interests of Spotsylvania Schools. The ability of the low Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder.

E. Spotsylvania Schools reserves the right to require from the Bidder: (1) submissions of references, to include a listing of previous and current projects and (2) financial statements indicating current financial status prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in Virginia, and any other pertinent information Spotsylvania Schools deems, in its own discretion, that it needs to evaluate the responsibility of a bidder. Failure to provide the requested information by the deadline set by Spotsylvania Schools may result in Spotsylvania

Schools declaring the bidder non- responsive.

F. Spotsylvania Schools reserves the right to defer award of this Contract for a period of one hundred twenty (120) days after the due date of Bids. During this period of time, the Bidder shall guarantee the prices quoted in his bid.

G. Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner: posting of a written notice on the https://www.spotsylvania.k12.va.us/o/scps/page/purchasing

1.21 APPEAL OF DETERMINATION OF NONRESPONSIBILITY

A. If Spotsylvania Schools determines that the apparent low bidder is not responsible, Spotsylvania Schools shall proceed as follows:

1. Prior to the issuance of a written determination of non-responsibility, the

Spotsylvania Schools Director of Purchasing shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five (5) business days after receipt of the notice.

2. Within ten (10) business days after receipt of the notice, the bidder may submit rebuttal information to the Spotsylvania Schools Director of Purchasing challenging the evaluation. The Superintendent and Chief Financial Officer shall evaluate the information, and issue his written determination of responsibility based on all information in the possession of Spotsylvania Schools, including any rebuttal information, within five (5) business days of the date Spotsylvania Schools receives the rebuttal information. At the same time, Spotsylvania Schools shall notify, with return receipt requested, the bidder in https://www.eva.virginia.gov/ https://www.eva.virginia.gov/ https://www.spotsylvania.k12.va.us/o/scps/page/purchasing writing of its determination.

3. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten (10) days after receipt of the notice by invoking administrative procedures meeting the standards of Va. Code § 2.2-4365, if available, or in the alternative by instituting legal action as provided in Va. Code § 2.2-4364. The provisions of this subsection shall not apply to solicitations involving the prequalification of bidders and the rights of any potential bidders under such prequalification process to appeal a decision that such bidders are not responsible.

B. If, upon appeal to the Spotsylvania Schools Superintendent or designee, it is determined that the decision of the Superintendent and Chief Financial Officer was arbitrary or capricious, or otherwise in error and the award for the particular Spotsylvania Schools contract in question has not been made, the sole relief available to the Bidder shall be a finding that the Bidder is a responsible Bidder for Spotsylvania Schools contract in question. Where the award has been made and performance has begun, Spotsylvania

Schools may declare the contract void upon a finding that this action is in the best interest of Spotsylvania Schools. Where a Contract is declared void, the performing Contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.

C. A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section, and may not protest the award or proposed award under the provisions of Va. Code § 2.2-4360.

D. Nothing contained in this section shall be construed to require a public body, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular bid was not deemed to be the most advantageous.

1.22 PROTEST OF AWARD OR DECISION TO AWARD

A. Any Bidder or offeror may protest the award or decision to award a contract by submitting a protest in writing to the Deputy Superintendent and Chief Operating Officer, Spotsylvania Schools, or other official designated by the Spotsylvania Schools, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected Bidder or offeror is not a responsible Bidder or Offeror. The written protest shall include the basis for the protest and the relief sought. The Superintendent and Chief

Financial Officer shall issue a decision in writing within ten (10) days of the receipt of the http://law.lis.virginia.gov/vacode/2.2-4365/ http://law.lis.virginia.gov/vacode/2.2-4364/ http://law.lis.virginia.gov/vacode/2.2-4360/ protest stating the reasons for the action taken. This decision shall be final unless the

Bidder or Offeror appeals to the Superintendent within ten (10) days of receipt of the written decision as provided in 1.23.

B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Superintendent and Chief Financial

Officer shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a Contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the Contract may be declared void by

Spotsylvania Schools. Where the award has been made and performance has begun, the

Superintendent and Chief Financial Officer may declare the Contract void upon a finding that this action is in the best interest of Spotsylvania Schools. Where a Contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the Contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.

C. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with Article 1.20 shall not be affected by the fact that a protest or appeal has been filed.

D. An award need not be delayed for the period allowed a Bidder or Offeror to protest, but in the event of a timely protest, no further action to award the Contract will be taken unless there is a written determination that proceeding without delay is necessary to…