IFB 26-3000-9JLW Firefighter Uniforms and Accessories.pdf

COUNTY OF HENRICO, VIRGINIA – Department of Finance, Purchasing Division 8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775

Phone: (804)501-5660 Version 4.13.26

IFB No. 26-3000-9JLW

September 14, 2026 Invitation for Bid (“IFB”)

Firefighter Uniforms and Accessories

Your firm is invited to submit a bid to provide goods and services being purchased in accordance with the enclosed Scope of Work/Services, Bid Response Requirements, General Contract Terms and Conditions, and, if applicable, Special Contract Provisions. Pursuant to Section 2.2-4304 of the Code of Virginia, this procurement is a cooperative procurement being conducted on behalf of Henrico County and other public bodies.

Your firm’s bid submission must be received no later than September 29, 2026 at 2:00PM, local prevailing time, by submission through the Commonwealth of Virginia’s electronic procurement platform eVA. A public bid opening will be conducted through a Microsoft Teams meeting upon the closing of the bid period. Bidders interested in participating in the bid opening shall send a request to be added to the meeting invitation to Judi Whitt via email at whi201@henrico.gov. The Microsoft Teams meeting will be made available for joining five minutes prior to the public bid opening.

Time is of the essence, and any bidder that attempts to submit a bid after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time.

The time of receipt shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition. On the contrary, all responsible Bidders are encouraged to bid and their bid is solicited.

Comments as to how bid documents, specifications or drawings can be improved are welcome.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This IFB and any addenda are available on the County of Henrico website at:

http://henrico.gov/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this IFB, please contact Judi Whitt at whi201@henrico.gov by no later than September 21, 2026.

Very truly yours, Judi Whitt, CPPB, VCO, VCCO, VCARM

Procurement Analyst III

TABLE OF CONTENTS

I. Introduction

A. Purpose

B. Background

II. Scope of Work/Services

A. Technical Specifications

B. General Requirements

III. County Responsibilities

IV. General Bid Submission Information and Instructions

A. Addenda

B. Bidder’s Representation

C. Clarifications, Comments and Questions

D. Collusion

E. Ethics in Public Contracting

F. eVA Submission

G. Inspection of Records

H. Modification of Bids

I. Nondiscrimination of Bidder

J. Submission of Bids

K. Trade Secrets/Proprietary Information

L. Use of Brand Names

M. Withdrawal of Bid Due to Error (Other than Construction)

V. Bid Response Requirements

A. Bid Documents to be Submitted

B. Certification

C. Henrico County Business License

VI. Bid Evaluation / Selection Process

A. Contract Award

B. Exceptions

C. Informality

D. Negotiation with the Lowest Bidder

E. Product Evaluation/Testing

F. Qualifications

G. Responsible Bidder Certification

H. Tie Bid

VII. General Contract Terms and Conditions

A. Annual Appropriations

B. Antitrust

C. Artificial Intelligence Systems Clause

D. Assignment of Contract

E. Authorization to Transact Business in the Commonwealth

F. Award of the Contract

G. Changes to the Contract

H. Compensation

I. Controlling Law and Venue

J. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

K. Employment Discrimination by Contractor Prohibited

L. Employment of Unauthorized Aliens Prohibited

M. Environmental Management

N. Insurance Requirements

O. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and Employment Services Organizations

P. No Discrimination against Faith-Based Organizations

Q. Occupational Safety & Health Policy Statement

R. Ownership of Deliverable and Related Products

S. Payment Clauses Required by Va. Code §2.2-4354

T. Record Retention and Audits

U. Safety

V. Severability

W. Subcontracts

X. Successful Bidder’s Performance

Y. Taxes

Z. Termination by County

AA. Use of Forced and Child Labor Prohibited (VA Code § 2.2-4311.4)

VIII. Special Contract Provisions

A. Contract Period

B. Continuity of Services

C. Cooperative Procurement

D. Federally Imposed Tariffs

E. Indemnification

F. Non-Exclusive Contract

G. Goods and/or Services Contract Format

H. Period of Performance of Purchase Orders

I. Warranty

IX. Attachments

ATTACHMENT A – Bid Signature Sheet

ATTACHMENT B – Bid Form

ATTACHMENT C – Business Category Classification Form

ATTACHMENT D – Virginia State Corporation Commission Registration Information

ATTACHMENT E – Bidder’s Reference Sheet

ATTACHMENT F – Responsible Bidder Certification

ATTACHMENT G – County of Henrico Insurance Specifications

ATTACHMENT H – Sample Contract

I. Introduction A. Purpose

The intent and purpose of this IFB, is to establish an annual contract with a qualified supplier to furnish and provide inside delivery of Uniforms and Accessories to the County of Henrico, Virginia (the “County”), Division of Fire in accordance with the Scope of Work/Services section of the solicitation.

B. Background

Below demonstrates the historical purchase of goods/services for the last two fiscal years. This information is provided for informational purposes only with no guarantee to purchase a specific amount on the resultant contract from this solicitation.

Fiscal Year 2024-2025 2025-2026 Approximate Amount Spent: $72,400 $85,200

II. Scope of Work/Services

The Successful Bidder shall provide all labor, supervision, material, equipment, etc., as required, to successfully provide Uniforms and Accessories.

A. Technical Specifications

Bidder(s) shall bid products that meet the following minimum specifications as described below.

1. Shirt, Short Sleeve, Southeastern Shirt Corp. #3202 or approved equal

65% Polyester/35% Cotton 5 oz poplin weave Permanent press finish Soil release Lined placket front Sewn in military creases Scalloped flaps Box pleated straps 3-3/4” yoke Color: Light Blue

2. Shirt, Short Sleeve, Southeastern Shirt Corp. #3203 or approved equal

Permanent press finish Soil release Lined placket front Sewn in military creases Scalloped flaps Box pleated straps

Color: White

3. Shirt, Long Sleeve, Southeastern Shirt Corp. #3102 or approved equal

Permanent press finish Soil release Lined placket front Sewn in military creases Scalloped flaps Box pleated straps

Color: Light Blue

4. Shirt, Long Sleeve, Southeastern Shirt Corp. #3103 or approved equal

5 oz poplin weave Permanent press finish Soil release Lined placket front Sewn in military creases Scalloped flaps Box pleated straps

5. Pants, Men, Lion Protects #2240-10/2241-10 or approved equal

7.5 oz weight Constructed entirely of Nomex III-A Front slash inset pockets Rear welt pockets Triple feld-lock side seat seams Autoclaved crease on finished garment Color: Navy Blue

6. Pants, Women, Lion Protects #7190-00/7191-00 or approved equal

7.5 oz weight Constructed entirely of Nomex III-A Front slash inset pockets Rear welt pockets Triple feld-lock side seat seams Autoclaved crease on finished garment

7. Pants, Rescue, Lion Protects #BDU1951P-00 or approved equal

6.5 oz weight Constructed entirely of Nomex III-A Two bellowed cargo pockets with eyelets Two front slash pockets Cell phone pocket with hook and loop closure on right cargo pocket Double reinforced knees Hook and loop ankle straps

8. Pants, Dress, Anchor Uniform, Item #230PY or approved equal

100% Polyester Shell Fabric weight: 12.5 oz per square yard Expandable waistband with hooks Quarter top front pocket Two cut in side entry pockets Two back pockets with button tab on left Split seam tailored construction Heavy duty nylon fly zipper with auto lock slider Bar tacks at key stress points

9. Blouse, Dress, Anchor Uniform, Item #211PY or approved equal

100% Polyester shell Fabric weight: 12.5 oz per square yard 32” double breasted hip length coat Permanent lining 100% polyester Two front flaps Two-piece sleeve set in with shoulder pads and sleeve heads Two large inside breast pockets Badge tab

10. Gold circumferential piping

½” and ¼”

11. Maltese Cross – “Service Crosses”

12. Shirt, Short Sleeve, Southeastern Shirt Corp. Code 9 #9203 or approved equal

100% textured polyester Sling badge with sewn in eyelets Lined placket front Sewn in military creases Lined shoulder straps

Lined scalloped flaps Box pleated pockets 3-3/4” yoke

Form fit full length body

13. Shirt, Short Sleeve, Southeastern Shirt Corp. Code 9 #L9203 or approved equal

Lined placket front Sewn in military creases Lined shoulder straps Lined scalloped flaps Box pleated pockets 3-3/4” yoke

14. Shirt, Long Sleeve, Southeastern Shirt Corp. Code 9 #9103 or approved equal

Lined placket front Sewn in military creases Lined shoulder straps Lined scalloped flaps Box pleated pockets 3-3/4” yoke

15. Shirt, Long Sleeve, Southeastern Shirt Corp. Code 9 #L9103 or approved equal

Lined placket front Sewn in military creases Lined shoulder straps Lined scalloped flaps Box pleated pockets 3-3/4” yoke

16. Hats, R-8 Bell Crown Solid Cap

Navy polyester serge fabric

Black shiny visor Black front strap Silver or Gold FD buttons Numerical sizing (Alpha sizing also available) Made in U.S.A.

17. Hats, R-8A Bell Crown Solid Cap

White vinyl Black shiny visor Black front strap Silver or Gold FD buttons

18. Hats, R-8B Bell Crown Cap with Velveteen Band

White vinyl Full Black velventeen band Black shiny visor Black front strap Silver or Gold FD buttons

B. General Requirements

1. Only new manufactured products shall be accepted. No irregular, imperfect or second-hand garments will be accepted.

2. Bidders must bid on all bid items to be considered for award. Failure to do so shall cause your bid to be deemed non-responsive.

3. The Division of Fire reserves the right to inspect all garments to ensure the condition of the apparel is free from defects. The Division of Fire shall reserve the right to reject any garment(s) at their discretion, declared to be flawed, defective or produced in error.

4. Unit prices shall be inclusive of any and all alterations required by the Division of Fire.

5. The Successful Bidder shall maintain a physical store in the City of Richmond, Henrico County, Chesterfield County or Hanover County. Stores shall be open during normal business hours Monday through Friday.

6. Bidders bidding other than as specified shall submit with their bid, product specifications and pictorial literature indicating that the product bid complies with specifications.

7. Low Bidder(s) bidding other than as specified will be contacted by Henrico County to provide one of each proposed equal bid item for inspection by the Division of Fire. The Division of Fire’s approval or disapproval of a proposed equal shall be final.

8. Failure to provide the required information with your Bid and/or samples when requested may cause your Bid to be declared non-responsive.

9. Button-Up Uniform Shirts The Successful Bidder’s price must include sewing Henrico Fire patches onto both sleeves.

Patches will be provided by Henrico County.

10. Alterations

The need for alterations is expected when items are first purchased. In some cases, additional alterations may be required after the initial purchase. For example, a Dress Blouse may need minor button adjustments if an individual is promoted. Pricing for alteration requests for clothing items already purchased and in use by DOF shall be included in the Bid Form and the Unit Price Bid Sheet Price Schedule. If no pricing is entered in the Unit Price Bid Sheet Price Schedule for alterations, alterations will be provided at no cost to the County.

11. Uniform Pants, Nomex

a. The Successful Bidder shall provide the County one un-hemmed set of pants in each waist size, and in each cut style (i.e. “regular” and full cut”) that may be applicable, for each sex, to assist the Division of Fire in obtaining sizing information.

b. The Successful Bidder shall provide training to the Division of Fire staff on how to measure and record the inseam/hem length for uniform pants at no additional charge.

c. Division of Fire personnel will record the waist size for each firefighter, and also measure and record the hem length for each firefighter.

d. The Successful Bidder shall provide professional hemming of all pants at no extra charge. Stitching shall be done in accordance with the garment manufacturer’s recommendations.

e. Pickup and delivery of the pants from the Successful Bidder’s store to the Division of Fire warehouse will be performed by the County.

f. Bidders may provide an option for adding a 3-1/4” wide by 5” tall utility pocket on the right thigh of the uniform pant to include split pen pocket. Construction of the pocket must be the same color and material as the pants. List price per pocket on the Unit Price Bid Sheet Price Schedule. Optional utility pocket alteration shall not be part of the award.

12. Dress Uniforms.

a. Unit prices shall include professional measuring, tailoring and alterations for dress pants and dress blouses. All measuring and alterations shall take place at the Successful Bidder’s store on an appointment basis during normal work hours.

b. Pickup and delivery of dress uniform items from the Successful Bidder’s store to the Division of Fire warehouse will be performed by the County.

c. Dress blouses will include silver buttons for firefighters and gold buttons for officers at no additional cost.

d. Successful Bidder shall provide appropriate piping and Maltese crosses which shall be sewn or embroidered on the dress blouse sleeves according to the Division of Fire’s specifications.

e. Dress uniform blouses shall be provided to the County pressed and hanging on a clothes hanger with a zip-up protective cover.

f. Alternations for dress uniforms may be needed. This would include button changes to some items already on hand that would include any needed alterations and button changes.

III. County Responsibilities The County will designate an individual to act as the County’s representative with respect to the good provided or work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. General Bid Submission Information and Instructions

A. Addenda

1. Any changes to the bid general terms, conditions, specifications or drawings shall be in the form of a written addendum from the Purchasing Division and it shall be signed by the Director of Purchasing, Department of Finance or a duly authorized representative.

2. An addendum shall be issued no later than six (6) calendar days prior to the date set for the receipt of bids. An addendum extending the date for the receipt of bids or an addendum withdrawing the IFB may be issued any time prior to the date set for the receipt of bids.

3. Each Bidder shall be responsible for determining that all addenda issued by the Purchasing Division for the IFB have been received before submitting a bid for the work. If an addendum is issued after a bidder has submitted a bid response, the Bidder shall resubmit their bid in the latest solicitation round in eVA. The County will only evaluate bids submitted in the latest solicitation round in eVA.

4. Each Bidder shall acknowledge the receipt of each addendum on the Bid Form.

B. Bidder’s Representation

1. By submitting a bid in response to this IFB, the Bidder certifies that it has read and understands the bid documents, specifications, and drawings, if any, and has familiarized itself with all federal, state and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress or performance of the work.

2. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any Bidder from any obligations with respect to its bid or to the Contract.

C. Clarifications, Comments and Questions

The County welcomes comments regarding how the IFB and scope of work/services may be improved. Bidders requesting clarification, interpretation of, or improvements to the IFB, shall submit technical questions in writing by the date set forth in this IFB. Any changes to this IFB shall be in the form of a written addendum issued by the Purchasing Division.

D. Collusion

By submitting a bid in response to this IFB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, bidder or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

E. Ethics in Public Contracting

By submitting a bid in response to this IFB, the Bidder certifies that its 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 its 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.

F. eVA Submission

Sealed bids will only be received and accepted through eVA, the Commonwealth of Virginia’s Procurement Portal (https://eva.virginia.gov) until, but no later than the time and date specified in the IFB. Oral, fax machine, email and/or hard copy submissions will not be accepted.

G. Inspection of Records

1. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract (Va. Code § 2.2-4342(C)).

2. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records (Va. Code § 2.2-4342(E)).

H. Modification of Bids

1. A bid may be modified or withdrawn by the Bidder any time prior to the time and date set for the receipt of bids.

2. Modified and withdrawn bids may be resubmitted through eVA up to the time and date set for the receipt of bids.

3. No bid can be withdrawn after the time set for the receipt of bids and for 90 days thereafter except as provided under the Withdrawal of Bid due to Error subsection of this section.

I. Nondiscrimination of Bidder

A bidder shall not be discriminated against in the solicitation or award of this Contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state or federal law, as may be applicable.

J. Submission of Bids

1. All Bidders shall use the enclosed Bid Form in submitting their bid prices through eVA.

2. All prices must be F.O.B. delivered to the point as indicated in the IFB. The County will grant no allowance for boxing, crating, or delivery unless specifically provided for in this

IFB.

3. The Bid Form must be completed and legible. Discrepancies in the multiplication of units of work and the unit prices will be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

4. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the bid, may be deemed by the Purchasing Division as being nonresponsive.

5. The Bid Signature Sheet (Attachment A) must be signed in order to be considered. If the Bidder is a corporation, the bid must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the Bidder must indicate the corporate title of the individual signing the bid.

6. By submitting a bid in response to this IFB, the Bidder represents it has read and understands the Scope of Work/Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress or performance of the Contract.

7. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other related documents or to acquaint itself with conditions existing at the site, shall in no way relieve any bidder from any obligations with respect to its bid or the Contract.

8. Bidders must upload and submit all required documents and pricing by the time and due date for the Bids. eVA will automatically determine the time for the receipt of Bids. eVA will not permit a Bidder to submit a Bid after the time for receipt of bids. Bidders bear all responsibility for ensuring their Bids and supporting documentation are submitted on time.

The County bears no responsibility for a Bidder’s inability to complete a submission timely for any reason, any problems with internet connectivity, or the Bidder inability to access eVA. Bidders are encouraged to submit bids with sufficient time to resolve any technical problems they may experience.

9. The time for the receipt of bids shall be determined by the time clock in eVA. Bidders are responsible for ensuring that their bids are submitted in eVA by the deadline indicated.

10. All bids received in eVA by the deadline indicated will be kept sealed and unopened until the time and date set for the opening of bids.

11. It is understood and agreed, if a bidder indicates a "0" dollar amount on the Bid Form, the product or service shall be provided at no charge. Bidders are allowed to submit bids for line items that are applicable to them.

K. Trade Secrets/Proprietary Information

Subject to the limitations of Va. Code § 2.2-4342(F), trade secrets or proprietary information submitted by a Bidder in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary (Va. Code § 2.2-4342(F)). A Bidder shall not designate as trade secrets or proprietary information (a) an entire bid, (b) any portion of a bid that does not contain trade secrets or proprietary information, (c) line item prices or total bid prices.

L. Use of Brand Names

1. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted (Va. Code § 2.2-4315).

2. Unless otherwise provided in the IFB, no proposed equal will be considered prior to receipt of bids. If bidding other than specified, the Bidder shall clearly and specifically identify the product being offered. Upon request, the Bidder may be required to provide complete and detailed descriptive literature, catalog cuts and specifications within three business days from the request to aid the Purchasing Division in determining whether the product offered meets the requirements of the IFB. Failure to do so may cause the bid to be considered nonresponsive.

3. It shall be understood that the burden of proof for an “equal” product shall be and remain the sole responsibility of the Bidder. The County’s decision of approval or disapproval of a proposed alternate shall be final. Nothing herein is intended to exclude any responsible Bidder, its product or service or in any way restrain or restrict competition.

M. Withdrawal of Bid Due to Error (Other than Construction)

1. A Bidder may withdraw its bid from consideration if the price bid was substantially lower than the next low responsive bid 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, 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.

2. The Bidder shall give written notice of their claim to withdraw their bid to the Purchasing Division within two business days after the conclusion of the bid opening procedure. (Va.

Code § 2.2-4330). Written notice shall be emailed to the Purchasing Director at kno008@henrico.gov with a copy to Judi Whitt at whi201@henrico.gov and must include all work papers, documents and materials used in the preparation of the Bid.

3. The Purchasing Division will inspect the written evidence submitted by the Bidder with the request and if the Purchasing Division can verify to its satisfaction and sole discretion that the mistake was a non-judgmental mistake, the Bidder will be allowed to withdraw the bid.

4. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%). (Va. Code § 2.2-4330(C)).

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit directly or indirectly from the performance of the project for which the withdrawn bid was submitted.

6. If a bid is withdrawn under authority of this section, the next lowest responsive and responsible bidder shall be deemed to be the low bidder.

7. If the Purchasing Division denies the withdrawal of a bid under the provisions of this section, it shall notify the Bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

V. Bid Response Requirements

A. Bid Documents to be Submitted

Bidders are required to submit the following documents as part of their bid submission in eVA:

1. Bid Signature Sheet (Attachment A)

2. Bid Form (Attachment B)

3. Business Category Classification Form (Attachment C)

4. Virginia State Corporation Commission Registration Information (Attachment D)

5. Henrico County Business License or other Current Business License

6. Bidder’s Reference Sheet (Attachment E)

7. Responsible Bidder Certification (Attachment F)

8. Unit Price Bid Sheet Price Schedule (Attachment I) The above documents shall be submitted collectively as one “.pdf” attachment through eVA in accordance with Section IV(J).

B. Certification

a. As part of its bid, the Bidder must certify that it has not defaulted on any government contract in the last five years or must explain any such default in reasonable detail. The County may deem any such explanation of default insufficient if it does not include contact information for the government on whose contract the Bidder defaulted.

b. As part of its submission, the Bidder must certify that no government has terminated a contract with the Bidder for cause in the last five years or must explain any such termination for cause in reasonable detail. The County may deem any such explanation of termination for cause insufficient if it does not include contact information for the government that terminated a contract with the Bidder for cause.

c. As part of its submission, the Bidder must certify that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If the Bidder cannot make such certification, the Bidder must explain any ban in reasonable detail. The County may deem any such explanation insufficient if it does not include contact information for the public body that barred the Bidder or the Bidder’s officer, director, partner, or owner from participating in any procurement on any federal, state, or local government body’s contract.

d. The aforementioned certification are to be made on the Responsible Bidder Certification form (Attachment F).

C. Henrico County Business License

1. If a business is located in the County, it shall be unlawful to conduct or engage in that business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your bid. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

2. If you are a contractor or speculative builder and (i) your principal or branch office is in the County or (ii) you do more than $25,000 of business in the County, you are required to have a business license from the County. If you meet either of the above requirements, include a copy of your current license with your bid. The terms "contractor" and speculative builder" are defined in the County Code, §§ 20-558 and 20-560. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

VI. Bid Evaluation / Selection Process

A. Contract Award

1. It is the intent of the Purchasing Director to award a contract to the lowest responsive and responsible bidder provided the bid does not exceed the funds available for the Contract.

The bid will be awarded to the Bidder(s) who submit the lowest Total Bid Price. (See the Bid Form, Attachment B; and Unit Price Bid Sheet Price Schedule, Attachment I.)

2. Notice of award or intent to award shall be posted on the Purchasing Division website at:

https://henrico.gov/finance/divisions/purchasing.

B. Exceptions

Bidders that take exceptions to the IFB, the Scope of Work/Services, the County’s General Contract Terms and Conditions, the Special Contract Provisions, and the Goods and Services Contract will be considered non-responsive and not be considered for a Contract award.

C. Informality

The Purchasing Division reserves the right to waive any informality, as defined in Va. Code § 2.2-4301, in bids and to award in part or in whole or to reject any and all bids. The reasons for the rejection shall be made part of the Contract file.

D. Negotiation with the Lowest Bidder

1. If all bids received exceed the available funds for the proposed purchase, the County, pursuant to County Code provisions, may meet with the lowest responsive and responsible Bidder to discuss a reduction in the scope for the proposed purchase and negotiate a contract price within the available funds (County Code § 16-48).

2. After bid negotiations, the lowest responsible Bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value.

3. If the proposed addendum is acceptable to the County, the County may award a contract within funds available to the lowest responsible Bidder based upon the amended bid.

4. If the County and the lowest responsible Bidder cannot negotiate a contract within available funds, all bids shall be rejected.

E. Product Evaluation/Testing

1. The Purchasing Division shall have the option to evaluate and/or test any item offered in this IFB prior to award of the contract. If the Purchasing Division elects to evaluate and/or test an item, the Bidder shall provide all samples required for evaluation and/or testing at no charge within seven calendar days of the request by the Purchasing Division. Samples shall be sent to:

County of Henrico, Virginia Attention: Judi Whitt Purchasing Division

8600 Staples Mill Road Henrico, VA 23228

2. Upon the completion of the evaluation and/or testing by the Purchasing Division, the

Bidder shall be responsible for the pick-up/return freight of the samples. If return arrangements are not confirmed within seven (7) calendar days after notification from the Purchasing Division that samples are available for return, the Purchasing Division reserves the right to dispose of said samples.

F. Qualifications

The Purchasing Division may, before awarding the Contract, require a bidder to submit evidence of its qualifications as may deemed necessary by the Purchasing Division and may consider any evidence available concerning the financial, technical and other qualifications and abilities of the Bidder.

G. Responsible Bidder Certification

a. “Responsible bidder” means a person who has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

b. In determining whether a bidder is responsible, the County will consider whether the Bidder has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Bidder for cause in the last five years; and whether Bidder or any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government agency.

c. If the Bidder fails to submit certifications or explanations in accordance with the Certifications subsection under Section V, the County may deem the bid nonresponsive and reject it.

d. The Bidder must notify the County immediately if the Bidder discovers that its certification was erroneous when submitted or has become erroneous after bid submission, but prior to a Contract award.

e. The fact that the Bidder defaulted on a government contract in the last five years; the fact that a government terminated a contract with the Bidder for cause in the past five years; or the fact that the Bidder or any of its officers, directors, partners, or owners has been barred from bidding on contracts by any federal, state, or local government body will not necessarily result in the County deeming the Bidder nonresponsible.

f. If it is later determined that the Successful Bidder knowingly made a false certification, the County may terminate the contract for cause.

H. Tie Bid

In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services provided by Virginia persons, firms or corporations; if such choice is available;

otherwise, the tie shall be resolved by the toss of a coin. In the case of a bid where goods are being offered, and preference for Virginia firms and/or products has already been considered, yet, there is still a tie bid, preference shall be given to the bidder whose goods contain the greatest amount of recycled content (Va. Code § 2.2-4324(C)), and should be decided by the toss of a coin if the preference for recycled content does not provide a winner.

VII. General Contract Terms and Conditions

A. Annual Appropriations

The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Antitrust

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

C. Artificial Intelligence Systems Clause

The following terms apply to any artificial intelligence system, as defined in the Advancing American AI Act, section 7223(4) of Pub. L. 117-263 (“AI System”) provided or used in the Successful Bidder’s performance of this contract.

1. If the Successful Bidder will provide or use an AI System owned and/or operated by a third party (“Service Provider”) in the Successful Bidder’s performance of this contract, the Successful Bidder is responsible for ensuring that the AI System conforms with this clause and the County’s Artificial Intelligence (AI) Policy found at:

https://employees.henrico.gov/employment/policies/section13/#1309. All AI Systems must conform to Virginia and federal law.

2. The County retains full ownership of, and will own, all data, information, personally identifiable information, or content (collectively, “Data”) submitted to the AI System by, or on behalf of, the County, including but not limited to user prompts, queries, instructions, system prompts, source data, documents, knowledge bases, and any other information or content submitted to the AI System by, or on behalf of, the County.

3. The County retains full ownership of, and will own, all Data generated by the AI System with County Data or County usage context, including but not limited to responses, results, analyses, anonymized data, derivative data, metadata, logs, synthetic data, and any other output or action produced by the AI System but excluding technical system-level data that contains no County Data or County usage context, such as performance metrics, token counts, and processing times.

4. The County retains full ownership of, and will own, all Custom Developments. The Successful Bidder and Service Provider must dedicate Custom Developments to the County’s exclusive use and treat Custom Developments (and all associated Data) as the County’s confidential information. The Successful Bidder and Service Provider must not use, reproduce, or derive benefit from Custom Developments for any other purpose, or for any other party, without express written authorization from the County’s Department of Information Technology. The term “Custom Developments” means any design of or modifications, customizations, configurations, or enhancements to AI Systems or associated implementations or workflows, and any related work product or deliverables, in each case developed specifically for the County under this contract, including any modifications, customizations, configurations, or enhancements to AI Systems, or models as a result of model training or fine-tuning. The term “Custom Developments” excludes any background intellectual property existing prior to entry into this contract or developed independently by the Successful Bidder or Service Provider without use of or reference to the County’s confidential information or design specifications during the term of this contract.

5. The Successful Bidder must use the County’s Data only to perform the specific requirements of the contract; provide technical support and maintenance as required to perform this contract; and provide such other services as may be expressly authorized in writing by the County’s Department of Information Technology. County Data and County usage context must not be used to train the AI System or models.

6. To the extent the Successful Bidder or Service Provider obtains any intellectual property rights in County Data, or any improvements, enhancements, feedback, or derivative works thereof, the Successful Bidder assigns and transfers all such rights to the County effective immediately upon creation.

7. The Successful Bidder grants to the County an irrevocable, royalty-free, non-exclusive license to use the AI System for the duration of this contract for any lawful County purpose. This license includes the right to (i) operate and access the AI System through agreed-upon methods; (ii) input and receive Data; (iii) allow authorized County personnel and contractors to use the AI System; and (iv) integrate the AI System with the County’s systems as necessary for any lawful County purpose (except that County systems may not be connected to AI Systems without prior written approval from the County’s Department of Information Technology). The AI System must not refuse to produce outputs or conduct analyses based on the Successful Bidder’s or Service Provider’s discretionary policies. This requirement does not require retraining of the model or alteration of model weights.

8. The Successful Bidder and Service Provider must implement reasonable technical, administrative, physical, and organizational safeguards to protect County Data from loss, damage, destruction, unauthorized alteration, or corruption, and prevent its unauthorized, accidental, or unlawful access, disclosure, use, or processing.

9. The Successful Bidder and Service Provider must implement “eyes off” Data handling procedures that restrict human review of County Data except as strictly necessary to provide the AI System for performance of this contract or respond to incidents (including ensuring that any human access to County Data must be logged, justified, and limited to the minimum necessary for functionality), and such access must be transparently logged and visible to the County.

10. The Successful Bidder and Service Provider must comply with the following Data localization requirements. The Successful Bidder and Service Provider (i) must not remove or allow removal of any County Data from the agreed-upon premises or authorized services and (ii) must not transmit, store, take, or access County Data, or allow County Data to be transmitted, stored, taken, or accessed by any means outside the agreed-upon premises or authorized services, without express written consent from the County’s Department of Information Technology.

11. The Successful Bidder and Service Provider must implement and maintain appropriate technical and organizational measures to ensure that all County Data is logically segregated from the Data of any non-County customer or client and not commingled with Data of other customers or clients, and the Successful Bidder and Service Provider must provide adequate defense in depth through access controls, policy enforcement points, labeling, and/or encryption mechanisms and must perform continuous monitoring to protect against unauthorized access by external and internal threat actors, third parties, or disclosure resulting from human or machine error.

12. Upon completion, termination, or expiration of the contract, unless otherwise directed by the County in writing, the Successful Bidder and Service Provider must securely delete all County Data and any Custom Developments from the AI System and all its other systems and all copies, backups and derivatives thereof, and certify deletion to the County in writing.

13. The County retains full ownership of, and will own, all feedback provided by the County to the Successful Bidder and/or Service Provider with respect to the AI System or Custom Developments, regardless of whether feedback is provided by County personnel, the Successful Bidder, Service Provider, or through automated processes. If feedback includes County Data and/or confidential information, such feedback may not be used for system improvement or any other purposes (other than the performance of this contract).

14. The Successful Bidder must:

a. Disclose to the County all AI Systems used in performance of this contract.

b. Use only AI Systems developed and produced in the United States and that host all applications and data in the United States. The use of foreign AI Systems in the performance of this contract, including any AI components manufactured, developed, or controlled by non-U.S. entities, is prohibited.

c. Provide a means for the County to implement human oversight, intervention, and traceability (including disclaimers that the content was generated by an AI System).

If the AI System uses intermediary processing (such as reasoning, retrieval, or agentic processes), the AI System must summarize intermediary steps from Data input to Data output and make this information accessible through Data output, audit trail, and the user interface, if applicable. At a minimum, the AI System must provide

(i) summarized intermediate processing actions and decision points; (ii) model routing decisions with accompanying rationale; and (iii) retrieval methods employed, including complete source attribution with direct links and relevant excerpts from materials used in response generation.

d. Comply with Virginia’s security breach laws (including §§ 18.2-186.6 and 32.1- 127.1:05 of the Code of Virginia) in the event of any confirmed or suspected security incident.

D. Assignment of Contract

A contract shall not be assignable by the Successful Bidder in whole or in part without the written consent of the County.

E. Authorization to Transact Business in the Commonwealth

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form must 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.

2. A Bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission (Attachment D). 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 of the Code of Virginia or as otherwise required by law must include in its bid a statement describing why the Bidder is not required to be so authorized.

3. A Bidder described in subsection 2 that fails to provide the required information shall not receive an award unless a written waiver is granted by the Purchasing Director, his designee, or the County Manager.

4. Any falsification or misrepresentation contained in the statement submitted by the Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment by the County.

5. Any business entity described in subsection 1 that enters into a contract with a public body must not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

F. Award of the Contract

The Successful Bidder must, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing office the Contract documents and any other forms or any other forms required by the IFB.

G. 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 and services, or within the same broad product or service categories as were included in the Contract award. Any increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract.

H. Compensation

1. The Successful Bidder must submit a complete itemized invoice for each item and/or service that are performed under the Contract. The Successful Bidder must include a unique identifying invoice number and the purchase order number on each invoice. The County shall pay the Successful Bidder for satisfactory compliance with the Contract within forty-five

(45) days after receipt of a proper invoice.

2. The County encourages the Successful Bidder to receive payments via ACH. The County utilizes a third-party payment network powered by Bank of America called Paymode-X.

This network allows the County to make ACH payments to vendors without retaining any financial information of that business. If interested, the Successful Bidder should visit https://www.paymode.com/henricocounty to register or for more information. The Successful Offeror should register each payment address where ACH payments will be received. Once registered with Paymode-X, the verification process takes up to two weeks before ACH payments begin. All payments until then are issued via check.

I. Controlling Law and Venue

The Contract will be made, entered into, and shall be performed in the County and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia.

J. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

1. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in…