IFB24018TC FINAL.pdf

IFB#-24018TC

Version: 2023.11.20 (IFB)

INVITATION FOR BIDS (IFB)

ISSUE DATE: APRIL 12, 2024 IFB No. 24018TC

TITLE: Assorted Dairy (Refrigerated, Shelf Stable)

COMMODITY CODE: 39000, 38000, 38500, 39300 DUE DATE/TIME: 05/03/2024, @ 12:00 PM

39049, 39063, 39069, 36070, 39306, 38544 (NOT USDA Material Codes)

NO PRE-BID

ISSUED BY:

Norfolk Public Schools Department of Purchasing & Supply 800 E. City Hall Avenue, Room 1205 Norfolk, Virginia 23510-2723

Period of Contract: The resulting contract shall be one (1) year from the date of execution, with __four__ (4 ) one (1) year renewal options.

Sealed bids subject to the terms and conditions of this request will be accepted by Norfolk Public Schools Purchasing Agent until the due date and time specified. Responses must be submitted electronically via the Bonfire Procurement Platform at https://norfolkps.bonfirehub.com. Additional bid submission instructions can be found under Submission Instructions, within the Scope of Work/Specifications section in this document, Bonfire Submission Instructions in Exhibit A and in the NPS Vendors Manual.

Note: Norfolk Public Schools does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-

4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

ADDENDA ACKNOWLEDGED: NUMBER: DATED: NUMBER: DATED: NUMBER: DATED:

THIS SECTION IS TO BE COMPLETED BY BIDDER’S OR OFFEROR’S AUTHORIZED REPRESENTATIVE.

Name and Address of Firm:

_____________________________________________________ Date: _________________________________________________

_____________________________________________________ By: ___________________________________________________ (Signature In Ink) _____________________________________________________ Name: ________________________________________________ (Please Print) _________________________________ Zip Code: _________ Title: _________________________________________________

VA State Corporation Commission (SCC) No.: ______________________ DUNS # ____________________

Virginia Contractor’s License No: _________________________________ CLASS: ____________________

Email: __________________________________________ Website: _____________________________________________

FEI/FINT NO: ________________________________________ Phone: _____________________ Fax: __________________

In compliance with this Invitation for Bids and with all the conditions imposed therein, the undersigned offers and agrees to furnish the Goods/Services at the price(s) indicated in the Section: Pricing Schedule.

A. NORFOLK PUBLIC SCHOOLS PROFILE…………………………………………..…………………………………………………………….3

B. SCOPE OF WORK/SPECIFICATIONS

C. GENERAL TERMS & CONDITIONS

D. SPECIAL TERMS & CONDITIONS

E. METHOD OF PAYMENT

F. PRICING SCHEDULE

G. Exhibit A…………………………………………………………………………………………………………………………………………………………21

H. ATTACHMENTS

ATT 1: State Corporation Commission Form

ATT 2: Anti-Collusion Statement

ATT 3: Debarment Statement

ATT 4: Contractor Background Certification

A. NORFOLK PUBLIC SCHOOLS PROFILE

Norfolk Public Schools (NPS) is a large urban school division in the Norfolk Public School district. The division enrolls a racially and economically diverse population of approximately 30,000 total students supported by a staff of more than 4,600 employees in 52 facilities. The educational philosophy of the division is based on the belief that all children can achieve at high levels and that it is the responsibility of the staff and community to ensure that each child reaches his or her highest potential.

B. SCOPE OF WORK

1. PURPOSE

The purpose of this Invitation for Bid is to solicit sealed bids from qualified sources to partner with NPS to provide Assorted Dairy (Refrigerated, Shelf Stable). NPS operates a centralized kitchen that supports fifty (50) schools and auxiliary sites. Bidders responding to this solicitation must be responsible, regularly, and practically engaged in providing the goods and services requested in this IFB. Bidders must also possess ample resources for fulfilling the requirements as detailed in this IFB. A term contract will be established after the evaluation and award process is completed by NPS.

2. SCOPE OF WORK

This bid will result in a requirements contract for Assorted Dairy (Refrigerated, Shelf Stable) listed on the Pricing Schedule (Section F) that is effective from date of award. The Senior Director of Purchases and Supply or designee will administer the contract. Bidders shall be obligated to fulfill any existing contracts they have with Norfolk Public Schools and any purchase orders received prior to the beginning date of this contract. The quantities specified in this solicitation are estimates only. Norfolk Public Schools may renew this contract for an additional FOUR (4) successive one year terms approximately ninety (90) days prior to the end of the first year of this contract if determined to be in the best interest of Norfolk Public Schools. Refer to PRICE ESCALATION/DE-ESCALATION under Special Terms and Conditions.

3. SUPPLEMENTAL INFORMATION

A. Bidding Alternates:

1. Pre-approved brands are listed in the specifications. All products must meet specified criteria of the approved brand name (s) or equal as stated. If bidding a brand and/or pack size that is not pre-approved, the bidder must follow the directions below for consideration.

2. The following information must be mailed through the US Postal System to the address below and must be received prior to the bid opening. The package must be clearly labeled with solicitation and line number (see below) and must include the following information for consideration.

a. Nutrition statement, CN label (if available)

b. Ingredient list and preparation instructions

c. Shelf Life with a sample reader, ie Julian Dates

d. Case weight, number of servings per case, number of cases per pallet layer, number of cases per pallet, minimum delivery requirement (if any), point of origin.

e. High quality photograph of the product and/or product label.

Total Quantities are estimates and are subject to change. Awarded vendor(s) will receive one (1) blanket purchase order (PO) for awarded line (s) with planned dates of distribution and will be in receipt of PO no less than four (4) weeks prior to first requested delivery. *Quantities will be purchased in even layers and/or full pallets, to the greatest extent possible and all deliveries will be received at SN warehouse (1) in Norfolk, VA. Direct shipments from manufacturer are preferred, but not required.

Commodity Processing-idenitified in notes (column I), manufacturers must be approved to commodity process in Virginia and/or must be eligible for commodity rebate. Bidder (manufacturer or distributor) meeting requirement shall list commercial price; however, if bidder is the manufacturer, they must also list the current VA Fee for Service (FFS) in bid response, as commodity pricing/commodity rebates will be used for cost comparison and consideration for future commodity diversion.

3. Do not send samples unless requested.

B. Samples

1. NPS reserves the right to require a bidder to furnish samples of any item (s) for which they submit a bid. Samples must be received within five (5) business days (no cost to NPS) after the request is made to the address listed above.

If not received as specified, the samples will be late and will not be considered for award.

2. All samples will be evaluated to determine compliance with all major characteristics of the brand specified. Failure of samples to conform to all major characteristics listed in the specifications shall cause rejection for each item that fails to meet the specifications. Student taste-testing may be included as part of product evaluation and award criteria.

3. Failure to submit a requested sample for a specific line item on the bid shall be just cause for eliminating the bidder from further consideration

4. If a bidder requires samples to be returned, it will be at the bidder’s expense with no pecuniary liability incurred by NPS for their loss or damage. Once the bidder is requested to pick up a sample, they must do so within 30 days. Failure to do so will be considered NPS surplus.

C. Billing All invoices shall be sent to AccountsPayable@nps.k12.va.us.

4. BID PREPARATION

Questions and Addenda: Bidders shall carefully examine this IFB and any addenda. NPS shall not be responsible for oral clarifications and interpretations. Bidders are responsible for seeking clarifications, in writing, of any ambiguity, conflict, omission, or other errors in the IFB. All questions must be submitted in Bonfire. If the answer materially affects the IFB, the information will be incorporated into an addendum and posted on www.eva.virginia.gov. This IFB and any Addenda shall be incorporated, by reference, into any resulting contract. Bidder is responsible for checking the eVA web site or contacting the Issuing Office within 48 hours prior to the bid closing to secure any Addenda issues as part of this IFB.

The deadline for submitting questions under this IFB is 12:00 PM EST, April 19, 2024. Oral comments and/or instructions do not form a part of this IFB. All questions MUST be sent to Vendor Discussions in Bonfire. Bids submitted via fax or email will not be accepted.

A. Documents to Submit with Bid:

1. Cover Letter with Executive Summary

a. History and structure of firm

b. Experience and Past Performance

B. Certificate(s) of Insurance: Provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission, Bureau of Insurance and in other states by appropriate regulatory authorities. Upon the award of the contract, the School Board of the City of Norfolk (Norfolk Public Schools) must be named as an additional insured. Such coverage shall be kept in force the entire term of the contract and all renewals. A certificate of insurance meeting these same requirements shall be provided for any sub-contractor proposed or scheduled to be used by the contractor who does not have a contract with Norfolk Public Schools to provide Medical Standby & Transportation Services. Except in an emergency affecting the life or welfare of passengers, no contractor or sub-contractor shall carry any charter under this contract without having this insurance coverage. Reference all insurance requirements detailed in Section B: General Terms & Conditions.

C. Pricing: Must complete Section F: Pricing Schedule and include in bid packet.

D. Company References: List a minimum of three (3) references, preferably from a school district that include similar services. Please include: Name, Address, Phone Number and description of the services provided and the time period services were performed. Failure to provide references may be cause of rejections of the bidder’s submittal. Norfolk Public Schools reserves the right to check with all references and consider their response when making the determination for award.

CLIENT/ COMPANY

NAME

MAILING ADDRESS CONTACT NAME

TELEPHONE

NUMBER

EMAIL ADDRESS

(Must be included)

SERVICES PROVIDED AND PERIOD

OF PERFORMANCE

5. SUBMISSION INSTRUCTIONS

ALL BIDS must be submitted On Time via the Bonfire Procurement Platform https://norfolkps.bonfirehub.com.

A. IFB Response: In order to be considered for selection, bidders must submit an electronic response to this IFB via the

Bonfire Procurement Platform through https//norfolkps.bonfirehub.com. Electronic bids shall be submitted in accordance with the instructions indicated in Exhibit A. Bidders should submit two (2) electronic versions of the bid with original signatures, – one (1) electronic version of the entire bid (REQUIRED) and one (1) electronic redacted version of the entire bid with all proprietary and trade secret material removed (OPTIONAL), if any, (both in Microsoft-compatible searchable PDF format) must be submitted to the issuing agency. Bidders shall NOT submit/mail hardcopy bids or email/fax bids to the Norfolk Public Schools Purchasing office.

B. NOTE: LATE BIDS WILL NOT BE ACCEPTED. Bids shall be signed by an authorized representative of the company and submitted to Norfolk Public Schools via the Bonfire Procurement Platform up to but no later than the date and time due. When submitting bids via Bonfire, please allow additional time to register (for free) and learn the submission process with the tool. The registration and submission instructions are included in Exhibit B. For any and all technical questions, please contact Bonfire Customer Service at Support@GoBonfire.com or call 1-800-354-8010 Monday- Friday 8am – 8pm EST.

C. All information requested should be submitted. Failure to submit all the information requested may result in Norfolk Public Schools requiring prompt submission of missing information. Norfolk Public Schools may reject bids, which are substantially incomplete or lack key/required information. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

The following are some notes to assist you with returning an acceptable Bid Package (This list may not be all-inclusive and is only offered as a reminder. The Bidder is responsible for submitting all required documents.):

Complete and sign the NPS Cover Sheet (Page 1 of solicitation).

• Make sure all Addenda are acknowledged.

• Enter contact information

• Enter SCC Number

• If applicable, Enter Virginia Contractor’s license and Class

• Enter DUNS Number

• Sign and Date

• References must be submitted and with all requested information

• All Attachments MUST be completed, signed, and have the originals submitted. These are the SCC Form, Anti-

Collusion, Debarment, and Contractor Background Certification forms.

• Complete the Pricing Schedule (Section F – PRICING SCHEDULE) and return as part of the bid response.

• Handwritten changes must be lined through, initialed, and dated.

• DELIVER YOUR BID ON TIME! To be considered, bids must be submitted on time and electronically via the Bonfire

Procurement Platform. Hand delivered bids as well as faxed or emailed bids will not be accepted. Public opening shall take place via ZOOM video conference immediately following the bid closing. The official time will be determined by the clock as designated by NPS.

NOTE: Bidders only need to return forms where data has been entered or signed.

6. TENTATIVE SCHEDULE OF EVENTS

Event Date

IFB Issued April 12, 2024 Question Deadline April 19, 2024 at 12:00 PM Due Date/Bid Closing (bids due electronically in Bonfire) May 3, 2024 at 12:00 PM

Award Notice May 8, 2024

7. BID OPENING

The bid opening for this solicitation will continue to be public via electronic conferencing. All potential bidders are welcome to participate in the conference call to occur immediately following the bid closing (for example: 1:10PM). Below is the conference information.

Topic: IFB 24018TC - Bid Opening for Assorted Dairy (Refrigerated, Shelf Stable) Time: May 3, 2024 at 12:30 PM Eastern Time (US and Canada) Join Zoom Meeting https://norfolkpublicschools.zoom.us/j/94655395579?pwd=OW5YbGh6S1NhYWtta2hHNUhpelprdz09

Password: 863890 One tap mobile +19292056099,93682321161# US (New York) +13017158592,93682321161# US (Washington DC) Dial by your location +1 929 205 6099 (New York); +1 301 715 8592 (Washington DC); +1 309 205 3325 +1 312 626 6799 (Chicago); +1 646 931 3860; +1 669 900 6833 (San Jose) +1 719 359 4580; +1 253 215 8782 (Tacoma); +1 346 248 7799 (Houston) +1 386 347 5053; +1 564 217 2000; +1 669 444 9171 Meeting ID: 946 5539 5579

8. EVALUATION FACTORS AND AWARD:

A. An award will be made to the lowest responsive and responsible bidder. Final award will be contingent upon satisfactory validation of prior experience and capabilities from furnished references. If a cash discount for prompt payment is offered, it must be clearly shown in the space provided on page 15. Discounts for prompt payment may be considered in making awards.

B. Norfolk Public Schools reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

Contract Waiver: Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of the Contractor or Norfolk Public Schools Senior Director of Purchases and Supply. The waiver by either party of any term or condition of this contract shall not be deemed to constitute a continuing waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.

C. GENERAL TERMS & CONDITIONS (REQUIRED/MANDATORY)

1. VENDORS MANUAL: This solicitation is subject to the provisions of the Norfolk Public Schools Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is normally available for review at the purchasing office and is accessible on the NPS Purchases and Supply Website on the Internet at https://townhall.virginia.gov/l/GetFile.cfm?File=GuidanceDocs%5C194%5CGDoc_DGS_4358_v2.pdf

2. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Norfolk Public School district, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

3. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2- 4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

A. During the performance of this contract, the contractor agrees as follows:

i. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

iii. 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.

iv. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

v. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

vi. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

B. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

4. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Norfolk Public School district, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

6. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Norfolk Public School district from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

7. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Norfolk Public School district 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 the Norfolk Public School district under said contract.

8. MANDATORY USE OF FORM AND TERMS AND CONDITIONS FOR RFPs (Insert wording below appropriate to the solicitation type as indicated):

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the District reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

9. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

10. PAYMENT:

A. To Prime Contractor:

i. Invoices for items ordered, delivered, and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

ii. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

iii. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

iv. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

v. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the District shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2- 4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B. To Subcontractors:

i. Within seven (7) days of the contractor’s receipt of payment from the District, a contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

ii. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the District, except for amounts withheld as stated in (2) above.

The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the District.

C. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

D. The Norfolk Public School district encourages contractors and subcontractors to accept electronic and credit card payments.

11. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

12. QUALIFICATIONS OF (OFFERORS): The District may make such reasonable investigations as deemed proper nd necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the District all such information and data for this purpose as may be requested. The District reserves the right to inspect (proposer’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (proposer’s/offeror’s) capabilities. The District further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the District that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

13. TESTING AND INSPECTION: The District reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

14. ASSIGNMENT OF CONTRACT: A contract shall not be assigned by the contractor in whole or in part without the written consent of the District.

15. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

A. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

B. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

i. By mutual agreement between the parties in writing; or

ii. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently;

or

iii. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized.

A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Norfolk Public School district Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

16. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the District, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, 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 District may have.

17. TAXES: Sales to the Norfolk Public School district are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The District’s excise tax exemption registration number is 54-6001460.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

(NOT NORMALLY REQUIRED FOR SERVICE CONTRACTS)

18. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the District to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in a competitive sealed proposal only the information furnished with the proposal will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

19. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

20. INSURANCE: By signing and submitting a proposal or proposal under this solicitation, the proposer or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The proposer or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Norfolk Public School district shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the District is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate Contractors Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

* When Used: FOR CONSTRUCTION, SERVICE CONTRACTS AND GOODS CONTRACTS WHEN INSTALLATION IS REQUIRED

- Required in all solicitations where a contractor will perform work or services in or on state facilities. The limits are minimums and may be increased. The Department of Treasury, Division of Risk Management (804-786-3152) should be contacted when other types of coverage may be required or when in doubt as to the need for other limits. When soliciting one of the Professions/Services listed above include the Professional Liability/Errors and Omissions coverage and limits as shown. When not soliciting one of these Professions/Services, omit the required coverages section from the General Terms and Conditions boilerplate.

21. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

22. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

23. NONDISCRIMINATION OF CONTRACTORS: A proposer, offeror, or contractor 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 law relating to discrimination in employment or because the proposer or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

24. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All offerors or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

25. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

26. PROPOSAL PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state proposal/offer prices in US dollars.

27. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. 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.

28. CIVILITY IN THE WORKPLACE: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “workplace” includes any location, permanent or temporary, where a Norfolk Public Schools district employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in the district’s workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with the workplace or is associated with a person who is a Norfolk Public Schools district employee.

Norfolk Public Schools may require, at its sole discretion, the removal and replacement of any Contract Worker who the district reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the district and not by employees or other third parties.

D. SPECIAL TERMS & CONDITIONS

GOODS AND NON-PROFESSIONAL SERVICES (SECTION I)

AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Norfolk Public School district, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

AWARD TO MULTIPLE BIDDERS:

The District will make AWARD BY LINE to the lowest responsive and responsible bidders, provided that the next lowest bidders are within 5% of the lowest bidder and provided that different brands are offered. Due consideration will be given to price, quality as judged by tests and previous experience, and of the ability of the bidder to render required services.

The District reserves the right to conduct any tests it may deem advisable and to make all evaluations. The District also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party.