Westmoreland County School Board

141 Opal Lane

Montross, Virginia 22520

(804) 493-8018

INVITATION FOR BID

IFB #: 26-27-004

Title: Custodial Supplies, Janitorial Supplies, and Paper Products

Issue Date: September 15, 2026

Due Date: October 15, 2026, no later than 2:00 p.m. local time at the Westmoreland County

School Board Office, Finance Department, Attention: Alexes Chatham, 141 Opal

Lane, Montross, Virginia 22520.

Submit: One (1) Original (clearly marked as such) and One (1) Copy, Signed Cover Page and

Attachments A, B, C, D and E.

Responses may also be submitted electronically via the eVA Procurement Platform at https://eva.virginia.gov/i-sell-to-virginia.html. See Section VII (A) for further instructions.

FAX OR EMAIL SUBMISSIONS ARE NOT PERMITTED

Inquiries: Questions pertaining to this project should be directed to Ronald Saunders, Maintenance Department, in writing via email at saundersrt@wmlcps.org no later than 12:00 p.m. on September 30, 2026.

Westmoreland Public Schools (“WPS”) does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 of 1950, as amended (“Virginia Code”), or against any

Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment.

In compliance with this Invitation for Bid and subject to all the conditions thereof, the undersigned offers to furnish the goods/services requested and certifies that he/she has read, understands, and agrees to all terms, conditions and requirements of this bid and is authorized to contract on behalf of the firm named below. Bidders responding to this solicitation must be responsible, regularly and practically engaged in providing the goods and services requested in this IFB, and possess adequate resources for fulfilling the requirements detailed herein.

My signature on this solicitation constitutes certification that I or my designated representative has reviewed the specifications contained herein and am aware of the conditions under which the goods/services must be provided. Claims, as a result of failure to review the specifications, will not be considered by WPS. By my signature on this solicitation, I certify that this firm/individual is properly licensed for providing the goods/services specified.

https://eva.virginia.gov/i-sell-to-virginia.html

The Undersigned certifies that they are the only person(s) interested in said project and that it is made without connection with other persons submitting a bid on the same scope of services; that the bid is made without collusion, fraud, or reservation; that no official or employee of the Owner is directly or indirectly interested in said bid, or any portion thereof.

PROPRIETARY INFORMATION YES ( ) NO ( )

Trade secrets or proprietary information is hereby submitted and identified. Reasons for protection and exclusion from the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) are set forth below.

(Additional sheet may be added if necessary.)

Bidders should indicate on the Cover Sheet the portions of their bid that are proprietary. Please list the page numbers and the reason(s). Do not mark the whole bid proprietary. If Proprietary Information is stated, Bidders shall submit One (1) Original and One (1) Redacted copy (removing any proprietary data of material). Clearly identify on the Cover Sheet the “Original” and “Redacted” copy as “Redacted

Copy of Original Bid” IFB# 26-27-004.

This form must be signed in ink and all signatures must be original.

Company Name:

Street Address:

City, State, Zip:

Telephone:

Fax:

Email Address:

Check One:

☐ Individual ☐ Partnership

☐ Corporation, State in which Incorporated

Federal Tax ID:

Federal Social Security No. (Sole Proprietor):

Business Classification (check all that apply):

☐ Minority Owned ☐ Women Owned

☐ Small Business

Print Name:

Title:

Signature:

Date:

ACKNOWLEDGE RECEIPT OF ADDENDUM:

Number _____ Dated _____________ Initial _____

*SCC Requirement per the Virginia Public Procurement Act, VPPA:

§ 2.2-4311.2. Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth of Virginia.

A. All public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the

Commonwealth of Virginia (“Commonwealth”) as a domestic or foreign business entity if so required by

Title 13.1 or Title 50 or as otherwise required by law.

B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Virgina Code to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror 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 Virginia Code or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

C. Any bidder or offeror described in subsection B that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Director of the Department of General

Services or his designee or by the chief executive of a local governing body.

D. Any business entity described in subsection A that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Virginia Code, to be revoked or cancelled at any time during the term of the contract.

E. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

*Virginia State Corporation Commission (“SCC”) registration information: The undersigned Bidder:

☐ is a corporation or other business entity with the following SCC identification number: __________________ -

OR-

☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR-

☐ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 of the Virginia Code or other similar provisions in Titles 13.1 or 50 of the of the Virginia Code.

**NOTE**>> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the School Division reserves the right to determine in its sole discretion whether to allow such waiver): ☐

SUBMIT ALL PAGES OF COVER SHEET

I. COMPETITION INTENDED

It is the Westmoreland County School Board’s (“WCSB”), on behalf of the Westmoreland County

Public Schools (“WCPS”) intent that this Invitation for Bid (IFB) for custodial supplies, janitorial supplies, and paper products allows competition. It shall be the Bidder’s responsibility to advise the Finance Department in writing if any language, requirement, specification, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in the IFB to a single source. The Finance Department must receive such notification not later than seven (7) days prior to the date set for receipt of bids.

II. PURPOSE

The purpose of the Invitation for Bid (IFB) is to solicit sealed bids from qualified vendors to provide custodial supplies, janitorial supplies, and paper products for WCPS.

Through this IFB, WCSB is seeking competitive pricing from responsible bidders who can provide the supplies as specified in this document. Award shall be made to the lowest responsive and responsible bidder meeting specifications.

III. BACKGROUND

WCPS is located in Westmoreland County, Virginia, and serves students across multiple schools.

WCPS currently operates the following facilities requiring custodial and janitorial supplies:

Westmoreland County School Board Office, Montross Elementary School, Cople Elementary

School, Westmoreland High School, Westmoreland High School Field House, and Washington

District Elementary School.

IV. SCOPE OF SUPPLY

The supplier shall provide:

• Custodial supplies

• Janitorial supplies

• Paper products

• Cleaning chemicals

• Restroom supplies

• Disposable products

• Facility maintenance items

This IFB is being written for a contract term of _____________ through ____________. The

WCSB may renew the contract for four (4) additional twelve (12) month periods upon mutual agreement and availability of funds.

V. PRODUCT REQUIREMENTS

Products shall:

1. Meet applicable regulations.

2. Be suitable for school environments.

3. Be properly labeled.

4. Include SDS documentation when applicable.

5. Meet OSHA requirements.

6. All products sold by the Contractor shall be new and unused.

VI. DELIVERY REQUIREMENTS

Deliveries shall be Free On Board (“FOB”) Destination with all fees associated with shipping, freight, insurance, transportation, and unloading paid by the Contractor.

1. Vendor shall provide delivery, unloading, and placement. Packing slips shall accompany all deliveries and shall contain WCPS’s purchase order number, vendor name, and name of article.

Cartons shall be identified by purchase order number and vendor name.

2. Items that are not filled and partials shall be indicated on the packing list. Contractor shall inform the WCSB of anticipated availability date for unfilled and partial orders.

3. Delivery timeframe: ________ business days.

VII. DELIVERY LOCATIONS

1. Westmoreland County School Board Office, 141 Opal Lane, Montross, VA 22520

2. Montross Elementary School, 8884 Menokin Road, Montross, VA 22520

3. Cople Elementary School, 7114 Cople Highway, Hague, VA 22469

4. Westmoreland High School, 16762 Kings Highway, Montross, VA 22520

5. Westmoreland High School Field House, 16762 Kings Highway, Montross, VA 22520

6. Washington District Elementary School, 454 Oak Grove Road, Colonial Beach, VA 22443

VIII. BIDDER QUALIFICATIONS

A. Bidder shall:

1. a. Be authorized to do business in the Commonwealth.

b. Have experience providing similar products.

c. Submit a minimum of three (3) references from similar supply contracts, preferably from school districts. Include organization name, contact person, telephone number, and description of services provided.

d. Maintain delivery capability.

2. a. Maintain a toll-free technical support line open Monday through Friday during standard business hours.

IX. PRICING REQUIREMENTS

1. Pricing shall include product cost, freight, delivery, and handling. Prices shall remain firm for: ________ months.

2. Price adjustments may be permitted for changes in the Contractor’s cost of materials. No price increases will be authorized for 365 calendar days after the effective date of the contract. Price increases thereafter shall not exceed three percent (3%) per contract year.

The Contractor shall give not less than thirty (30) days’ advance notice of any proposed price increase and shall provide documentation supporting the requested adjustment. Any proposed price increase must be approved in writing by the WCSB prior to taking effect.

If the WCSB does not approve the proposed price adjustment, the WCSB may terminate the contract upon thirty (30) days’ written notice to the Contractor. Price decreases shall be immediately conveyed to the WCSB.

X. BID SUBMISSION REQUIREMENTS

Bids shall be sealed and marked:

IFB NO. 26-27-004

CUSTODIAL SUPPLIES, JANITORIAL SUPPLIES, AND PAPER PRODUCTS

Bids must be received by the date and time specified on the cover page. Late bids will not be accepted.

Failure to submit all information requested may result in the School Board requiring prompt submission of missing information. The School Board may reject bids that are substantially incomplete or lack required information.

Handwritten changes to bids must be lined through, initialed, and dated.

Bids may also be submitted electronically via the eVA Procurement Platform at https://eva.virginia.gov/i-sell-to-virginia.html. Vendor shall maintain eVA registration, comply with reporting requirements, and pay applicable fees.

XI. EVALUATTION

Award shall be made to the lowest responsive and responsible bidder. The WCSB reserves the right to reject any or all bids, award by item, award by category, award multiple vendors, and waive any informality in bids.

Bids will be evaluated by representatives of WCPS to determine responsiveness to the specifications and requirements of this IFB. The WCSB may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services or furnish the goods. The WCSB reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the WCSB that such bidder is properly qualified to carry out the obligations of the contract.

WCSB may cancel this Invitation for Bid or reject any or all bids at any time prior to an award.

WCSB is not required to furnish a statement of the reasons why a particular bid was rejected. (Va.

Code § 2.2-4319)

The Notice of Award shall be posted on the bulletin board for public notices at the School Board

Office and WPS website.

XII. INTERPRETATIONS AND ADDENDA

No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral instructions will be given before the award of the work. Discrepancies, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to WCPS for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bid. Any interpretation made will be in the form of an addendum to the Contract Documents, which will be posted on the WCPS website. Bidder shall acknowledge receipt on the Bid Cover Sheet.

XII. PRE-BID CONFERENCE

There will not be a pre-bid conference for this IFB.

XIV AWARD

Award shall be made to the lowest responsible bidder whose bid conforms to the specifications and requirements of this IFB, pursuant to Va. Code § 2.2-4302.1. WCSB reserves the right to reject any or all bids, to waive informalities, and to enter into any contract deemed to be in the best interest of WCPS.

The Bidder shall inform himself in full of the conditions relating to the performance of the contract.

Failure to do so shall not relieve the successful Bidder of his obligations to provide goods, materials, and reports or other services necessary to carry out the provisions of this Invitation for Bid.

XV. COOPERATIVE PROCUREMENT

Section 2.2-4304 of the Virginia Code Virginia, the Public Procurement Act (“VPPA”) will apply to this solicitation. Other Public Bodies may utilize any contract(s) issued pursuant to this solicitation by placing its own order(s) directly with the successful bidder(s). WCPS acts only as the issuing agent and is not responsible for placement of orders, payment, or discrepancies of other participating Public Bodies.

XVI. GENERAL TERMS AND CONDITIONS

A. Applicable Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including, but not limited to, the

Virginia Code, VPPA, and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with all applicable federal, state and local laws and regulations, and be legally authorized to do business in the Commonwealth of

Virginia.

B. Anti-Discrimination: By submitting its bid, Bidder certifies to the Owner that the Contractor will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, and § 2.2-4311 of the VPPA, which provides:

In every contract over $10,000, the provisions of 1. below apply:

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor;

b. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause;

c. The Contractor will state that the Contractor is an equal opportunity employer in all solicitations or advertisements for employees placed by or on behalf of the Contractor to perform under the Contract Documents. All notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section;

d. The Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations and advertisements for employees placed by or on behalf of the Contractor that the

Contractor maintains a drug-free workplace.

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

Contractor in accordance with this subsection, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract; and,

e. The Contractor will include the provisions of the foregoing subparagraphs in every subcontract or purchase order exceeding $10,000 issued by Contractor in order to fulfill its obligations, so that the provisions will be binding upon each subcontractor or vendor.

2. In accordance with § 2.2-4343.1 of the Code of Virginia, Owner shall not (i) discriminate against a faith-based organization as defined in Code of Virginia § 2.2-4343.1(B) on the basis of the organization’s religious character or (ii) impose conditions that (a) restrict the religious character of the faith-based organization, except as provided in subsection F of

§ 2.2-4343.1 of the Code of Virginia, or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursements.

C. Ethics in Public Contracting: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

D. Conflict of Interest: The Bidder certifies by signing the bid submitted in response to this solicitation that no conflict of interest exists between the Bidder and the WCSB that interferes with fair competition and no conflicts exists between the Bidder and any other person or organization that constitutes a conflict of interest with respect to the contract and the WCSB.

E. Immigration Reform and Control Act of 1986: By submitting their bid, the Bidder certifies that it does not and will not during the performance of this contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

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

G. Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to

WPS 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 goods or services purchased or acquired by WCPS under said contract.

H. Clarification of Terms/Addenda: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the contract officer whose name appears on the face of the solicitation no later than seven (7) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the contract officer and posted on the public posting board in the School

Board Office. It is the bidder’s sole responsibility to ensure they have obtained any and all addenda prior to submittal of their bid. (§ 2.2-4316, Code of Virginia).

I. Tax Exemption: WPS, as a political subdivision of the Commonwealth of Virginia, is exempt from any Federal excise tax and Virginia sales and use tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Bidder.

J. Invoices: The Contractor shall bill for goods at the contract price. Payment terms shall be Net

30 days after receipt of a proper invoice or acceptance of goods, whichever occurs last.

Invoices shall include the contract number and/or purchase order number. The Contractor should invoice WCPS within 30 days after completion of the delivery and its acceptance by

WCPS.

If, in verifying the Contractor’s invoices, it is found that WCPS is being overcharged, WPS will notify the Contractor of the error and, unless the Contractor disputes the rejection of the overcharge for payment, the Contractor shall issue WCPS a corrected invoice. Disputed charges shall be handled in accordance with Paragraph Y of the General Terms and

Conditions.

If, in auditing the Contractor’s paid invoices, it is found that the Contractor has overcharged

WPS, the Contractor shall promptly be notified by WCPS. The Contractor shall pay WCPS the amount of the overcharge or credit WPS on the next invoice for the overcharge, reflecting the credit on the invoice and referencing the original work order and invoice. If a credit balance remains after the expiration or termination of the contract, the Contractor shall pay the amount of the credit balance within 30 days following the end of the contract.

K. Payment: Payment terms shall be Net 30 days unless otherwise stated by the bidder on this solicitation. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. Late payment charges shall not exceed the allowable rate specified by the Virginia

Prompt Payment Act (1% per month). (§ 2.2-4352, Code of Virginia)

L. Availability of Funds: It is understood and agreed between the parties herein that WCPS shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the WCSB and local governing body for the purpose of this agreement, ref. § 15.2 Chapter 25 Code of Virginia.

M. Precedence of Terms: In the event of a conflict between any of the other General Terms and

Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.

N. Identification of Bid Envelope: The signed bid and requested copies should be returned in a separate envelope or package, sealed and identified with the following information:

Addressed as Indicated on Page 1

IFB Number

Title

Bid Due Date and Time

Vendor Name and Complete Mailing Address (Return Address)

If a bid is not addressed with the information as shown above, the Bidder takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid to be disqualified. Bids may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids should be placed in the envelope.

O. Late Bids: To be considered for selection, bids must be received by the WCSB office by the designated date and hour, as determined by the clock in the School Board office reception area. Bids received in the WCSB office after date and hour designated are automatically non-responsive and will not be considered. WCPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private courier, or the Inter-Departmental Mail System. It is the sole responsibility of the bidder to ensure that its bid reaches the WCSB office by the designated date and hour. If the WCSB office is closed for business at the time scheduled for the receipt of bids, the bids will be accepted on the next business day of the School Division, at the originally scheduled hour.

P. Qualification of Bidders: WCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to WCPS all such information and data for this purpose as may be requested. WCPS reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. WCPS further reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. WCPS further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy WCPS that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

Q. Bid Bond/Performance Bond: If the contractor’s obligations include construction, the amount of which exceeds $500,000, the contractor shall furnish a Bid Bond in the amount of 5% of the total project cost, at the time of the submission of the bid. Additionally, when the contractor’s obligations include construction, the amount of which exceeds $500,000, the contractor will furnish a Performance Bond following the award of the IFB. The bonds, required under applicable Virginia law and WCSB policy, shall otherwise fully comply with the requirements of such sections of the Virginia Code and policy. The WCSB reserves the right to require payment and/or performance bonds in the amount of the Obligations for any other projects, goods or services, whether or not required by such sections of the Virginia

Code or policy.

R. Additional Information: WCPS reserves the right to ask any bidder to submit information missing from its bid, to clarify its bid, and to submit additional information which WCPS deems desirable. By submitting their bids, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions are breach of contract and can result in default action being taken by WPS.

S. Award of Contract: Award shall be made to the lowest responsible bidder whose bid conforms to the specifications and requirements of this IFB, pursuant to Va. Code § 2.2-4302.1. Bids shall be evaluated based on the requirements set forth in this solicitation, which may include price, conformance to specifications, and bidder responsibility. WCPS may reject any or all bids, waive informalities, and cancel this IFB at any time prior to award. Should WCPS determine in writing that only one bidder is responsive and responsible, award may be made to that bidder. No negotiations shall be conducted with any bidder.

T. Award Notices: Awards shall be posted on the bulletin board for public notices at the WCSB

Office and on the WCPS website, ref. § 2.2-4360, Code of Virginia.

U. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the written consent of WCPS. The Contractor shall not assign this contract, in whole or in part, without the prior written consent of the WCSB.

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

W. Cancellation of Contract: The WCSB reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon thirty (30) days’ written notice to the

Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

XVII. CONTRACT ADMINISTRATION AND REMEDIES

A. Changes to the Contract: The parties may agree in writing to modify the scope of the contract. An 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.

B. Contractual Disputes: In accordance with § 2.2-4363 of the Code of Virginia, the Executive

Director of Finance shall review and decide disputes and claims arising during the performance of the contract, in writing, within thirty (30) days of receipt of the dispute or claim. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. The Contractor may not institute legal action prior to receipt of the decision on the claim by the Executive Director of Finance, unless that office fails to render such decision within thirty (30) days. The decision of the Executive Director of Finance shall be final and conclusive unless the Contractor, within six months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia, § 2.2-4364.

C. Indemnification: Contractor and all subcontractors shall bear all loss, expense (including reasonable attorney’s fees) and damage in connection with, and shall indemnify the Owner, its officers, employees and agents against and save them harmless from all claims, demands, and judgments made or recovered against them because of bodily injuries, including death at any time resulting therefrom, and/or because of damage to property, from any cause whatsoever, arising out of, incidental to, or in connection with the work, whether or not due to any act of his or their employees, servants or agents and whether or not due to any act of omission or commission, including negligence but excluding sole negligence, of the Owner, its officers, employees or agents. Compliance by the Lessee with the insurance provisions hereof shall not relieve Lessee from liability under this provision.

The Contractor guarantees to save the Owner, its agents, officers and employees harmless from liability of any nature or kind for use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, or articles or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee or licensee.

Should Contractor or subcontractors use any of Owner’s equipment, tools, employees, or facilities, such will be gratuitous and Contractor shall release the Owner, its officers, employees or agents from and indemnify and save them harmless from and against any claims or personal injuries, including death, arising out of the use of any such equipment, tools, employees, or facilities, whether or not based upon the condition thereof or any alleged negligence in permitting the use thereof.

The Contractor and the WCSB recognize that Virginia law prohibits the WCSB from entering into any agreement to indemnify another party. To the extent any provision of a bid or any resulting contract is construed as an indemnification obligation of the WCSB, WCPS, or their officers, employees, or agents, such provision shall be void and of no effect.

XVIII. SPECIAL TERMS AND CONDITIONS

A. Advertising: In the event a contract is awarded for supplies, equipment, or services resulting from this IFB, no indication of such sales or services to WCPS will be used in product literature or advertising.

B. Audit: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment or after all other pending matters are closed, whichever is longer. WCPS, its authorized agents, state auditors, the grantor of the funds to the Board, the Comptroller of Virginia or of the United States, or any of their duly authorized representatives shall have access to any such books, documents, papers and records of the

Contractor for the purpose of making audits, examinations, excerpts or transcriptions.

C. Bid Acceptance Period: Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of ninety days, the bid may be withdrawn at the written request of the bidder.

If the bid is not withdrawn at that time, it remains in effect until an award is made or the solicitation is cancelled.

D. Independent Contractor: The Contractor shall not be an employee of WCPS, but shall be legally considered as an Independent Contractor. Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind WPS or to otherwise act on behalf of WCPS, except as WCPS may expressly authorize in writing.

E. Supremacy Clause: Notwithstanding any provision in the bidder’s response to the contrary, the bidder agrees that the terms and conditions contained in the WCPS IFB shall prevail over contrary terms and/or conditions contained in the bidder’s response.

F. Final Decision: The bidder agrees that the decisions of WPS are final and shall hold the division, their directors, employees, consultants and those involved in this solicitation and selection, and the successful bidder(s) harmless. The submission of a bid indicates adherence to these conditions.

G. Questions: Questions about the IFB are to be submitted in writing, to Westmoreland Public

Schools, Finance Department, Attention: Alexes Chatham, 141 Opal Lane, Montross, Virginia 22520 for additional information or interpretations on instructions may also be addressed. WCPS urges interested bidders to communicate concerns during the response period to avoid misunderstandings. Questions received less than seven (7) business days prior to the bid due date may not be answered. Questions may be answered by written addenda. All addenda issued by WCPS shall become part of the specification and may be made part of the contract documents. No addenda will be issued later than five (5) business days prior to the solicitation due date, except an addendum cancelling or postponing a solicitation may be issued at any time prior to the receipt of bids. It is the bidder’s sole responsibility to ensure they have obtained any and all addenda prior to submittal of their bid and acknowledged them in their bid response.

H. Silence of Specifications: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices and professional standards are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

I. Insurance: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following minimum insurance coverage(s) at the time the contract is awarded. The bidder further certifies that the Contractor and any subcontractors will maintain these insurance coverage(s) during the entire term of the contract and that all insurance coverage(s) will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Note: Actual limits and aggregates may be increased or decreased for specific projects during negotiation or as WPS assesses the amount of risk.

1. The Contractor shall maintain the following insurance to protect it from claims that could arise from performance of the Obligations, including claims (i) under the Virginia

Workers’ Compensation Act (Va. Code § 65.2-100 et seq.) (ii) for personal injury, including death, and (iii) for damage to property, regardless of whether such claims arise out of Contractor’s actions or inactions, or those of Contractor’s subcontractor or other persons directly or indirectly employed by either of them:

a. Workers’ Compensation and Employer’s Liability: Contractor shall procure and maintain Worker’s Compensation and Employer’s Liability Insurance covering all of its employees in conformance with the laws of any state, district or territory of the

United States of America in which work towards meeting Contractor’s Obligations are to be performed. Such insurance shall not have a limit of liability less than the following:

(i) Bodily Injury by accident, $500,000 for each accident;

(ii) Bodily Injury by disease, $500,000 policy limit;

(iii) Bodily Injury by disease, $500,000 for each employee.

b. Commercial General Liability: This coverage shall include contractual liability, property damage, independent contractor, and personal injury insurance in support of

Section XVII(C) of this agreement entitled “Indemnification”. This policy shall be endorsed to include WPS as an additional insured during the Contract Period and shall state that this insurance is primary insurance as regards to any other insurance carried by WCPS. Contractor shall procure and maintain General Liability Insurance in an amount not less than:

(i) $1,000,000 for each occurrence involving bodily injury;

(ii) $1,000,000 for each occurrence involving property damage;

(iii) $2,000,000 aggregate limits.

c. Comprehensive Automobile Liability: Contractor shall procure and maintain

Comprehensive Automobile Liability Insurance covering all automobiles, trucks, tractors, trailers, or other automobile equipment, whether owned, not owned, or hired by the Contractor, with the following limits:

(i) $1,000,000 for each occurrence involving personal injury;

(ii) $1,000,000 for each occurrence involving property damage;

(iii) $2,000,000 aggregate limits.

J. Ownership of Materials: Ownership of all data, material and documentation originated and prepared for WCPS pursuant to this IFB shall belong exclusively to WPS and is subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the bidder 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 the submission of the data or other materials to be protected and state the reasons why protection is necessary (§ 2.2-4342, Code of Virginia).

K. No Crimes Against Children: By submitting its bid, and as a condition of contract award, the

Contractor certifies compliance with Code of Virginia § 22.1-296.1 and the following applies:

1. The Contractor acknowledges that the contract requires the Contractor, Contractor’s employees or other persons that will provide services under this contract to have direct contact with WCPS students. Therefore, Contractor hereby certifies that neither

Contractor, Contractor’s employees nor any person that will provide services during the contract who will have direct contact with students on school property during regular school hours or during school-sponsored activities have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

2. The Contractor understands that, pursuant to Code of Virginia § 22.1-296.1, making a materially false statement regarding offenses which are required to be included in the certification referenced above is a Class I misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. WCPS shall not be liable for materially false statements regarding the certifications required under this Contract. The Contractor is responsible for ensuring that each of its employees, subcontractors, partners, representatives or any other persons who will be in direct contact with students have and shall maintain such certifications on file for the duration of the contract period.

3. The Contractor shall execute and deliver to WCPS, the Certification of No Crimes

Against Children, attached hereto as Attachment D, with their bid and upon execution of a contract.

L. Tobacco and Tobacco Products: The WCPS has designated all of its buildings and grounds tobacco free areas. Smoking or use of tobacco products is forbidden at all times.

M. Product Guaranty: All materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of one (1) year following date of delivery. Should any defect be noted, the WCSB will notify the Contractor of such defects or non-conformance. If the Contractor is required to correct or replace defective goods, it shall be at no cost to the

WCSB.

N. Substitution: Substitution of a product, brand, or manufacturer after the award of contract is expressly prohibited unless approved in writing by the WCSB.

O. Prompt Payment to Subcontractors: The Contractor shall take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by WCPS for work performed by a subcontractor under this contract, in accordance with Virginia Code § 2.2-

4354: (i) pay the subcontractor for the proportionate share of the total payment received from

WCPS attributable to the work performed by the subcontractor under this contract; or (ii) notify WCPS and the subcontractor, in writing, of the Contractor’s intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment. The Contractor shall pay interest to the subcontractor at the rate of one percent (1%) per month on all amounts owed that remain unpaid after seven (7) days following the Contractor’s receipt of payment from WCPS, except for amounts withheld as permitted above. Individual contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. No contract modification and no cost reimbursement claim shall include any reimbursement for such interest charge.

P. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this contract where such failure or delay results from any cause that is beyond the reasonable control of such party, including but not limited to fire, flood, natural disaster, war, riot, act of terrorism, or act of government. An interruption in the Contractor's supply from its terminal does not excuse performance if product is available from another terminal. WCPS may purchase from other sources during any interruption without penalty.

Q. No Waiver of Sovereign Immunity: Nothing in this IFB or any resulting contract shall be construed as a waiver of the sovereign immunity of the WCSB, the Commonwealth of

Virginia, or any of their officers, agents, or employees.

R. Severability and No Waiver: If any provision of this contract is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either party to enforce any provision of this contract at any time shall not constitute a waiver of that party's right to enforce that or any other provision thereafter.

XIX. ATTACHMENTS

The following list of attachments must be completed and submitted along with all pages of the

Cover Sheet and Bidder’s Bid:

Attachment A: Bid Form and Price Schedule

Attachment B: Anti-Collusion Certification

Attachment C: Debarment Certification

Attachment D: Certification of No Crimes Against Children

Attachment E: Vendor Information Form

Attachment A

BID FORM AND PRICE SCHEDULE

Contact Information:

Date:

Company Name:

Address:

Sales Rep. Name:

Sales Rep. Email Address:

Sales Rep. Phone Number:

This bid is being written for a contract term of _______________ through _______________. The WCSB may renew the contract for four (4) additional twelve (12) month periods upon mutual agreement and availability of funds.

PRICE SCHEDULE

ITEM DESCRIPTION | BRAND | PACK SIZE | UNIT PRICE

9”JRT Toilet Tissue GS $____________

Natural Roll Towell $____________

White Roll Towell $____________

Facial Tissue Flat $____________

24 X 24 H/D Clear Liners 8MIC $____________

30 X 37 H/D Clear Liners 10MIC $____________

40 X 48 12MIC Clear Liner $____________

43 X 48 H/D Clear Liners 14MIC $____________

Black Nitrile Exam Glove - Small $____________

Black Nitrile Exam Glove - Medium $____________

Black Nitrile Exam Glove - Large $____________

Black Nitrile Exam Glove – X-Large $____________

#24 Cotton Mop Head $____________

#32 Cotton Mop Head $____________

24OZ Rayon Map Head $____________

32OZ Rayon Map Head $____________

Microfiber 24” X 5” Dust Mop $____________

12” Flagged Angle Broom $____________

All purpose Cleaner $____________

Glass Cleaner $_______________

Lemon Disinfectant - Gallon $______________

Antibacterial Soap 1000ML $______________

Lemon Disinfectant – Spray $______________

Super-Sorb $_______________

Fabuloso Cleaner $____________

Toilet Cleaner $_______________

Delivery Charge: $____________

Contractor’s Authorized Officer Signature: _____________________________________________

Print Name: _______________________________________________________________________

Title: ______________________________________________________________________________

Company Name: _____________________________________________________________________

Business Address: ____________________________________________________________________

Date: ____________________________________

Attachment B

ANTI-COLLUSION STATEMENT

In the preparation and submission of this bid on behalf of ____________________________(Contractor’s

Name), we did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free competition in violation of the Sherman Anti-Trust Act, 15 USCS Sections 1 et seq., or the Conspiracy to Rig Bids to Government Statutes, Virginia Code Sections 59.1-69.6 through 59.1.69.9.

The undersigned vendor hereby certifies that this agreement, or any claims resulting therefrom, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, Westmoreland County Public Schools has an interest in, or is concerned with, this proposal; and, that no person or persons, firm or corporation, other than the undersigned, have or are interested in this bid.

"...or otherwise take any action in the restraint of free competition in violation of the Sherman Antitrust

Act, 15 USCS Sections 1 et seq.; the Virginia Antitrust Act, Virginia Code Sections 59.1-9.1 through 59.1-

9.19; or the Conspiracy to Rig Bids to Government Statutes, Virginia Code Sections 59.1-69.6 through

59.1-69.9."

Attachment C

DEBARMENT STATEMENT

I certify that the applicant firm is not currently debarred or otherwise…