IFB 26-3015-10BJM.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. 26-3015-10BJM

October 21, 2026 Invitation for Bid (“IFB”)

Disposal and Remarketing of Surplus Dell Laptops and Dell Chromebooks

Your firm is invited to submit a bid to purchase surplus Dell Laptops and Dell Chromebooks in accordance with the enclosed Scope of Work/Services, Bid Response Requirements, General Contract Terms and Conditions, and, if applicable, Special Contract Provisions

Your firm’s bid submission must be received no later than November 19, 2026 at 11:00 a.m., 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 Beverly Mitchell via email at mit098@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.

A non-mandatory pre-bid conference will be held on Wednesday, November 4, 2026 at 9:00 a.m. – 10:30 a.m. located at Xerox IT Solutions, LLC, 10406 Lakeridge Parkway, Suite 1000, Ashland, VA 23005. Bidders will have the opportunity to view, touch and power random samples of the surplus devices. Bidders are strongly encouraged to attend the pre-bid conference as no other date or time for this solicitation will be scheduled prior to the soliciation due date.

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 Beverly Mitchell at mit098@henrico.gov by no later than November 10, 2026.

Beverly J. Mitchell, VCA, VCO

Procurement Analyst II about:blank http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/

TABLE OF CONTENTS

I. Introduction

A. Purpose B. Background

II. Scope of Work/Services A. Technical Specifications B. General Requirements C. Pick Up Requirements D. Payment 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. Bid Security C. Certification D. 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. Continuity of Services B. Indemnification

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 – Bid Bond

I. Introduction A. Purpose

The intent and purpose of this IFB, is to solicit competitive bids for Henrico County Public Schools (HCPS) to obtain a qualified company to dispose and remarket a total of 22,755 devices. 1425 surplus Dell Latitude 5420 Laptops, 548 Dell 3100 Touch Chromebooks and 20,782 Dell 3100 Non-Touch Chromebooks in accordance with the Scope of Work/Services section of the solicitation.

B. Background Henrico County Public Schools (HCPS) has provided laptops to staff and students since 2001.

At the end of each lease term, HCPS has remarketed the leased devices to assist in procurement of technology for the district.

II. Scope of Work/Services

The Successful Bidder shall provide the highest price to Henrico County Public Schools (HCPS), for surplus Laptops, Touch Chromebooks and Non-touch Chromebooks.

A. Technical Specifications

1. Laptops come equipped with:

• Intel® Core™ i5 11th Generation Processor (4 Core/8 Thread, 8MB Cache, up to 4.4GHz)

• 16GB, 1x16GB, DDR4 3200 M T/s single channel, Non-ECC

• M.2 256GB PCIe NVM3 Class 35 Solid State Drive

• 14" FHD (1920x1080) Non-Touch LCD

• 3 cell 63WHr Lithium-Ion battery

Touch Chromebooks come equipped with:

• Intel Celeron N4000 (2 Core/2 Thread, 4MB cache, up to 2.6 GHz)

• 4GB, on board, LPDDR4 2400 M T/s

• 16GB eMMC (Embedded Flash)

• 11.6" HD (1366x768) Touch LCD

• 3 cell 42WHr Lithium-Ion battery

Non-touch Chromebooks come equipped with:

• Intel Celeron N4000 (2 Core/2 Thread, 4MB cache, up to 2.6 GHz)

• 4GB, on board, LPDDR4 2400 M T/s

• 16GB eMMC (Embedded Flash)

• 11.6" HD (1366x768) Non-Touch LCD

• 3 cell 42WHr Lithium-Ion battery

2. HCPS has partnered with our current Dell service provider Xerox IT Solutions, LLC

(XITS) to have all surplus devices inventoried, data wiped, boxed, shrink wrapped and palletized. In addition, devices that have damaged LCD screens, power issues or damaged beyond repair have been flagged and noted below.

• Dell 5420 laptops o 1358 Functional o 19 Damaged LCDs o 48 Power Issues

• Dell 3100 Touch Chromebook o 548 Functional

• Dell 3100 Non-touch Chromebook o 20,302 Functional o 301 Damaged LCDs o 99 Power Issues o 80 Excessive Damage

3. HCPS maintained extended warranty and accidental damage coverage for the lease term and most devices were in working condition when taken out of service in July of 2026;

however, the County makes no guarantee of the working condition of the devices. The devices have a 2” x 1 ½” metal asset tag affixed to the top case. All laptops will be data wiped back to the C:\ prompt with no remaining passwords in place and all Chromebooks have been Power Washed.

4. Dell Laptops are packaged in 8 devices/box, 30 boxes/pallet, 240 devices/pallet.

• Functional devices: 5 pallets @ 240, 1 partial pallet @ 158

• Damaged LCD/Power Issues devices: 1 partial pallet @ 67

Dell Chromebooks are packaged 400/gaylord.

• Functional TS devices: 1 gaylord @ 400, 1 partial gaylord @ 148

• Functional Non-touch devices: 50 gaylords @ 400, 1 partial gaylord @ 302

• Damaged LCD/Power Issues/Excessive Damage Non-Touch devices: 1 gaylord @ 400, 1 partial gaylord @ 80

Asset data will be provided electronically in a spreadsheet format to the Successful Bidder.

5. All equipment included in this bid is stored at the XITS warehouse which is in the same location where the non-mandatory pre-bid conference will be held. The warehouse has an elevated loading dock and several pallet jacks.

B. General Requirements

1. The Successful Bidder shall provide all labor, supervision, and equipment necessary to provide removal of the purchased devices within 30 days after notification of award by the highest responsive and responsible bidder.

2. The Successful Bidder shall be a firm regularly engaged in providing the type of services described in this IFB. (Provide references using Attachment E)

3. The Successful Bidder shall complete a full inventory audit within thirty (30) days after pick-up and provide HCPS with a report detailing the complete audit results within five

(5) days of the completion of the inventory audit. This document shall be directed to the HCPS IT Manager, Anthony Patterson and sent via email to:

alpatterson@henrico.k12.va.us Any discrepancies between the quantities listed on the Bid Form and the inventory audit of the Successful Bidder shall be resolved promptly between the County and the Successful Bidder. Plus or minus variations in the actual quantity shall be adjusted that may result in additional compensation to the County or credit paid to the Successful Bidder by the County from the Total Bid Amount received.

4. The recycling of all non-marketable equipment shall be consistent with all federal, state and local environmental regulations and completed at no cost to the County and HCPS.

C. Pick Up Requirements

1. All devices shall be picked up no later than December 16, 2026, from the designated warehouse location after payment is rendered to the County. The exact date and time of the pick-up should be arranged a week in advance with the HCPS IT Manager, Anthony Patterson, alpatterson@henrico.k12.va.us before the Successful Bidder takes delivery.

2. The Successful Bidder shall be responsible for any and all expenses and preparations related to the pick-up and transportation of the devices included in this IFB. This includes any costs for shipping, shipping materials, labor, and arrangements with a carrier that will transport the items to the Successful Bidder’s site.

D. Payment Requirements

1. To be considered for award, all Bidders must provide a Bid Bond, a cashier’s check or a certified check as per Section V. B. Bid Security.

2. Render payment to the County based on the Total Bid Price indicated on the Bid Form.

3. Payment may be made only by the use of a cashier’s check or a certified check made out to the County of Henrico in U.S. dollars. A Wire Transfer payment option is also available, and instructions will be provided to the Successful Bidder if this option of payment is utilized. The Successful Bidder will be responsible for the Wire Transfer Fee. No personal or business checks will be accepted.

4. Payment must be received before or at the time the property is removed from the storage site.

5. The Successful Bidder shall be required to pay the Commonwealth of Virginia state sales tax, currently 6%, unless exempt from the tax. If exempt, the Successful Bidder shall be required, upon request, to provide a valid tax-exempt certificate. It shall be understood if the Successful Bidder is not exempt from the sales tax; it must be paid on the Total Bid Amount submitted.

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.

https://eva.virginia.gov/

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. All line items must be filled in. Unless otherwise provided in the IFB, if a bidder enters “No Bid” for a line item, their bid will be determined non-responsive.

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 Beverly Mitchell at mit098@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) mailto:kno008@henrico.gov

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. Bid Bond (Attachment H) or a letter indicating a cashier’s or certified check has been submitted as required in Section V(B)(1)

The above documents shall be submitted collectively as one “.pdf” attachment through eVA in accordance with Section IV(J).

B. Bid Security

1. Each bid shall be accompanied by a bid security in the form of a cashier’s or certified check or an acceptable Bid Bond in the amount of five percent (5%) of the Total Bid Amount, and made payable to the County of Henrico, Virginia. The bid security is a guarantee that if the Contract is awarded to the Bidder, the Bidder shall enter into a Contract with the County for the goods and/or services described in the IFB or forfeit the bid security to the County, not as a penalty, but as liquidated damages. No forfeiture under a bid security shall exceed the lesser of (i) the difference between the bid for which the bid security is written and the next low bid of another bidder, or (ii) the face amount of the bid security (Va. Code § 2.2-4336(B)).

a. Bid Bonds. If a Bidder is submitting a Bid Bond, it must upload to eVA a PDF of the duly executed Henrico County Public Schools Bid Bond, including a certified and current copy of the power of attorney for the attorney-in-fact who executed the Bid Bond on behalf of the surety.

b. Cashier’s or Certified Checks. If a Bidder’s bid security is a cashier’s or certified check, the Bidder must contact Beverly Mitchell at mit098@henrico.gov or (804) 501-5690 to schedule drop-off of the check at the Purchasing Office located at 8600 Staples Mill Road, Henrico, VA 23228 PRIOR to the deadline for receipt of bids. This is the only instance when a Bidder may submit a required element of the Bid package physically and separate from the remainder of the Bid package. All other portions of the Bidder’s Bid package must be submitted through eVA. In addition, the Bidder must upload to eVA a letter indicating that it deposited a cashier’s or certified check with all other required documents.

2. All bonds shall be executed by a surety company selected by the Bidder which is legally authorized to do business in the Commonwealth of Virginia (Va. Code § 2.2-4337(B)), and the bond shall be the same in both form as well as substance as Henrico County Public Schools Bid Bond. The Bidder shall require the attorney-in-fact, who executed the required bond on behalf of the surety company, to affix thereto a certified and current copy of the power of attorney. The bond premium shall be paid by the Bidder and the cost shall be included in the Bid price.

3. The County will have the right to retain the bid security of Bidders to whom an award is being considered until (a) the Contract has been executed and performance and payment bonds, if required, have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn; or (c) all Bids have been rejected. However, if no Contract has been awarded or a Bidder has not been notified of the acceptance of its Bid, a Bidder may, beginning 91 days after the opening of Bids, withdraw its Bid and request the return of its bid security by providing written notice to the Henrico County Purchasing Director (Delivery/Courier: Purchasing Division, Department of Finance, 8600 Staples Road, Henrico, Virginia 23228-2360; US Mail: P.O. Box 90775, Henrico, Virginia 23273- 0775).

C. 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).

D. 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 responsive and responsible bidder that submits the highest Total Bid Amount. (See the Bid Form, Attachment B.)

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

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

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: Beverly Mitchell

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 https://employees.henrico.gov/employment/policies/section13/#1309 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…