ALEXANDRIA CITY SCHOOL BOARD

dba

ALEXANDRIA CITY PUBLIC SCHOOLS (ACPS)

INVITATION TO BID (ITB)

for the

CONSTRUCTION SERVICES FOR WILLIAM RAMSAY RENOVATION PROJECT

THE AWARDED CONTRACTOR WILL BE REQUIRED TO COMPLY WITH ALL APPLICABLE

FEDERAL REGULATIONS, INCLUDING BUT NOT LIMITED TO THE NATIONAL

ENVIRONMENTAL POLICY ACT (NEPA), THE BUILT AMERICA, BUY AMERICA ACT (BABA),

THE DAVIS-BACON ACT, AS AMENDED, REQUIREMENTS, AND THE US DEPARTMENT OF

ENERGY PROCUREMENT POLICIES AND PROCEDURES.

This

ITB NUMBER 130476

BIDS DUE DATE AND TIME: NOVEMBER 23, 2026; 4:00 PM

OPENING DATE AND TIME: NOVEMBER 24, 2026; 10:00 AM

ONLY ELECTRONIC RESPONSES VIA eVA (electronic Virginia’s) website will be accepted. Vendor Registration is required to submit a response. Please use the following link to register for eVA: https://eva.virginia.gov/

All Bids shall remain valid for ninety (90) days.

ALEXANDRIA CITY PUBLIC SCHOOLS

DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS

Date of ITB –October 20, 2026 https://eva.virginia.gov/

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 2 | Page

TABLE OF CONTENTS

SECTION 1. BACKGROUND

SECTION 2. SCOPE OF SERVICES

SECTION 3. TIME FOR COMPLETION

SECTION 4. BIDDING & AWARD TIMELINE OVERVIEW

SECTION 5. MANDATORY PRE-BID CONFERENCE & SITE VISIT

SECTION 6. INTERPRETATION OF SOLICITATION

SECTION 8. SUBMITTAL PROCEDURES

SECTION 9. MISCELLANEOUS

SECTION 10. BID EVALUATION

SECTION 11. METHOD OF SOURCE SELECTION

SECTION 12. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

SECTION 13. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE ITB

SECTION 14. SECTION 14. WAIVER OF INFORMALITIES

SECTION 15. TIE BIDS

SECTION 16. AWARD

SECTION 17. BID AND PRESENTATION COSTS

SECTION 19. BID WITHDRAWAL PROCEDURE

SECTION 21. INSURANCE REQUIREMENTS

SECTION 22. SURETY REQUIREMENTS

SECTION 23. LIQUIDATED DAMAGES:

SECTION 24. EXAMINATION OF SOLICITATION DOCUMENTS

SECTION 25. VIRGINIA CONTRACTOR LICENSE

SECTION 26. QUALIFICATION OF BIDDERS

SECTION 27. TRANSPORTATION AND DELIVERY:

SECTION 28. USE OF BRAND NAMES

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

ATTACHMENT E

ATTACHMENT F

ATTACHMENT G

ATTACHMENT H

ATTACHMENT I

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 3 | Page

SECTION 1. BACKGROUND

1. PROJECT NAME:

Construction services for William Ramsay Elementary School’s building envelope improvements and lighting upgrade located at 5700 Sanger Avenue, Alexandria, VA 22311 (hereinafter referred to as the “Project”).

2. BACKGROUND:

The City of Alexandria, Virginia, is a historic city located on the Potomac River outside of Washington, DC. In 2019, Alexandria took a bold step forward in their commitment to carbon reduction by creating the Green Energy Policy, which requires all new public buildings to achieve Net Zero Energy consumption. This policy has put Alexandria at the forefront of cities nationwide dedicated to reducing their carbon footprints and promoting sustainable energy practices.

Alexandria City Public Schools is leading the way in racial equity and sustainability. With over 15,000 students from 119 countries, ACPS is committed to providing a quality education for all of its students. In keeping with this commitment, ACPS is building the City's first Net Zero Energy elementary school and high school, both of which have large community components. This vision for sustainable energy practices reflects Alexandria’s dedication to reducing its carbon footprint and promoting green initiatives. The legacy of public schooling in Alexandria dates back to 1785 when Washington Free School was founded; today, they continue this long-standing tradition by embracing new technologies that will benefit future generations.

William Ramsay Elementary School is an 87,000-square-foot building originally built in 1957 with subsequent modifications and additions. It has a student population of over 600 students of diverse backgrounds (13% Asian, 21% black, 54% Hispanic, and 11% white), 89% of whom qualify for free or reduced lunch. The building systems have exceeded operational life expectancy and should be replaced to improve energy efficiency and create a healthier learning environment. Specific improvements include:

3. PROJECT OBJECTIVES:

Work shall include, but is not limited to, energy improvements to an existing elementary school building, installation of insulation and vapor barrier along the interior face of exterior walls, and replacement of existing lighting fixtures and all associated work. All Work shall conform to the requirements of the Contract Documents.

The building systems at William Ramsay Elementary School have exceeded operational life expectancy. Select elements should be replaced to improve energy efficiency and create a healthier learning environment. Specifically, the building's lighting has not been replaced and does not currently provide sufficient illumination to create a high-quality learning space. The building envelope is also original and does not meet today’s standards. Upgrades to the envelope (insulation, air sealing) and lighting systems will reduce dependence on HVAC while enhancing comfort.

SECTION 2. SCOPE OF SERVICES

The Contractor shall replace the existing lighting fixtures at the locations indicated in the Project Manual and Drawings with energy-efficient 2X4 LED volumetric fixtures to reduce energy consumption and improve illumination quality in each room or space. Additionally, specialized

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 4 | Page lighting control systems will be installed in key areas to optimize circadian rhythms and promote health and wellness.

The Contractor shall perform work associated with the building envelope, including air sealing and installing new R-15 insulation, and shall seal all openings to ensure airtightness and maximum moisture protection.

1. Project Safety Requirements:

A. The selected Bidder shall designate a “competent person” in accordance with CFR

1926 32(f), which states, “one who is capable of identifying existing predictable hazards in the surrounding or working conditions which are unsanitary, hazardous, or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them”. The Selected Offeror shall instruct each of its employees and subcontractors to recognize and avoid unsafe conditions and to comply with the regulations applicable to this work environment to control or eliminate any hazards or other exposures to illness or injury.

B. Additionally, the Selected Bidder shall comply with the following requirements:

1) Develop a plan detailing project-specific fire-safety measures.

2) Maintain site and building access free and unobstructed to other occupants and emergency services.

3) All construction must meet fire-safety requirements. Temporary heating and electrical installations must comply with OSHA 1926, NFPA 241, and NFPA 70.

4) Means of egress shall not be blocked.

5) Egress routes for construction workers must be maintained free of obstructions.

6) The selected Bidder shall furnish and maintain fire extinguishers at the construction site. The fire extinguishers shall be raised to a height of two (2) feet above the floor.

7) Flammable and combustible liquids and materials must be stored, disposed of, and used in accordance with OSHA 1956. NFPA 241 and NFPA 30.

8) Existing fire protection must not be impaired. Provide fire watch for impairments more than four (4) hours in a twenty-four (24) hour period.

Notify ACPS and the City of Alexandria Fire Marshal if these conditions are expected to occur.

9) Prevent accidental smoke detector operation.

10) Perform Hot Work in accordance with NFPA 241 and NFPA 51B.

11) Maintain all construction permits visible and updated as required by the local and state regulations.

12) Prohibit smoking throughout the entire ACPS property

13) Dispose of waste and debris from the building DAILY.

14) Follow all Federal, State, and Local safety regulations applicable to work.

2. Quality Assurance, Testing, Monitoring, Inspection, and Reporting Requirements:

a. ACPS will have a Project Manager (PM), and together, the Selected Bidder’s construction Superintendent and ACPS’s staff and consultants shall provide the necessary project oversight to ensure compliance with the contract documents. The Selected Bidder shall continuously monitor the construction activities of its subcontractors. Performance shall be reviewed for compliance with all contractual terms, conditions, Drawings, Specifications, and codes. The Selected Bidder shall identify any unsafe working conditions

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 5 | Page that it witnesses on site and shall require their subcontractor(s) to correct the conditions before the applicable work proceeds.

b. The Selected Bidder shall be responsible for scheduling and coordinating all required inspections for the project with the City of Alexandria and other inspection entities.

c. The Selected Bidder shall be responsible for managing the day-to-day operations of the contract and the activities.

d. The Selected Bidder shall monitor subcontractor-supported activities to ensure compliance with all applicable Federal, State, and Local laws and regulations and to verify that performance goals are being met.

e. The Selected Bidder shall submit all communication on ACPS’s Procore Project Management site, including monthly Quality Assurance and Construction Progress Reports:

1) The on-site technical inspection reports that were performed by the Selected Bidder and their Construction Superintendent.

2) Copies of The Selected Bidder’s certified sub-contractor(s) payment request, including certified percentage-of-completion data.

3) A narrative describing significant developments. Significant developments include events that enable meeting milestones and objectives sooner or at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions that will impact the recipient's or subrecipient's ability to meet milestones or the objectives of the Federal award. When significant developments occur that negatively impact the Project, the Contractor must include information on their corrective action plan and any assistance needed to resolve the situation.

4) A report of events that occurred between reporting periods that have had or are likely to have a significant impact on the schedule and budget, including:

a) A full disclosure of problems, delays, or adverse conditions that will materially impair the ability of the Selected Bidder to meet the schedule, objectives, and budget in the contract.

b) A statement of the action taken or contemplated to address the issue

c) A description of any assistance needed to resolve the situation; and

d) Appropriate backup documentation including photographs, sketches, references or copies of relevant Drawings or Specifications, and proposed schedule information.

5) Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated.

6) Financial Reporting. The Selected Offeror shall submit to ACPS on a monthly basis:

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7) Outlay Report and Request for Reimbursement for Construction Programs: Request for Payment.

3. Contract Specifications and Drawings:

The Drawings and Specifications (Project Manual) are hereby made part of this Invitation to Bid. Access to Drawings and Specifications will be given upon receipt of a signed and executed Non-Disclosure Form. The Non-Disclosure Form is attached to this Solicitation.

SECTION 3. TIME FOR COMPLETION

The undersigned Bidder agrees to commence the work per the specifications made part of this ITB, on the specific date in a written contract award or notice to proceed issued by ACPS, and shall achieve the following construction milestones:

MILESTONE TIMEFRAME

Start Date (Shop Drawings and Submittals) January 5, 2027 Start Date for Classroom Mockup March 20, 2027 Completion Date for Classroom Mockup March 26, 2027 Start Date (Construction) June 18, 2027 Substantial Completion (Base Bid Work) August 2, 2027 Final Completion (Base Bid Work) August 16, 2027

*Subject to an accelerated start based on mutual agreement and funding availability. Final Completion Date may be adjusted for any Alternate Bid work awarded after review of the Bidder’s proposed Critical Path Schedule.

SECTION 4. BIDDING & AWARD TIMELINE OVERVIEW

ACTIVITY DATE

Solicitation Release October 20, 2026 Pre-Bid Conference and Site Visit November 3, 2026, at 11 am Deadline for Receipt of Questions November 6, 2026, at 5 pm Addendum, including the Issuance of 100% Drawings and Specifications November 13, 2026

Bids Due November 23, 2026, at 4 pm

Virtual Bid Opening Conducted November 24, 2026 Due Diligence and Bid Review November 24, 2026 Obtaining Board Approval for Contract Award December 17, 2026 Dept. of Energy Approval December 24, 2026 Contract Execution January 4, 2027 Issuance of NTP & PO January 4, 2027 Project Kickoff Meeting Virtual January 5, 2027

SECTION 5. MANDATORY PRE-BID CONFERENCE & SITE VISIT

A mandatory pre-bid conference and site tour will take place on November 3, 2026, at 11:00

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 7 | Page am at the project site, 5700 Sanger Avenue, Alexandria, VA 22311. Please be sure to allot enough time for traffic and the sign-up process. We will meet in front of the building's entrance.

The purpose of this mandatory pre-bid conference is for potential Bidders to tour the site, conduct due diligence for bidding, ask preliminary questions, and obtain clarifications about any aspect of this ITB.

Although there will be questions and answers during this conference, all questions shall be formally submitted and answered in writing; otherwise, they are non-binding on ACPS. Only written questions and answers published via an addendum will be acknowledged as part of the clarification or change that may result in a modification to ACPS’ requirements. The sign-in sheet for this meeting will be included in the addendum.

SECTION 6. INTERPRETATION OF SOLICITATION

Questions concerning general and/or technical details of the Work, or this RFP, shall be submitted in writing (email) to: Maryam Zahory, maryam.zahory@acps.k12.va.us. Potential Bidders are required to submit any and all questions in writing directly to the person referenced above by 5:00 PM on November 6, 2026. Written responses, including the questions, will be provided to all bidders via an official Addendum.

If Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this ITB, it shall immediately notify the point of contact for this solicitation of such error in writing and request modification or clarification. Any bid that includes assumed clarifications and/or corrections without the required authentication of the same shall be subject to rejection by ACPS.

Interpretations, changes, or clarifications that ACPS deems necessary in response to such questions will be issued as formal Addenda and posted on ACPS’s eVA.

SECTION 7. SECTION 7. INSTRUCTIONS TO BIDDERS

Bids must be submitted in accordance with the instructions and requirements contained in this

ITB, including the Introduction. Failure to do so may result in the bid being considered non-responsive and rejected.

Prospective Bidders, sometimes referred to as providers, contractors, or vendors, are to address the criteria below at a minimum as part of their submitted bid. Each bid should include a transmittal letter and a management overview. Bids shall be evaluated on the following factors, together with such other factors as may be considered to protect and preserve the interests of ACPS.

In order to be deemed responsive, in addition to the submission of the required bid forms, the following information must be provided in the bid response:

1. Project Delivery and Critical Path Schedule.

a. The ability, capacity, and skill of the Bidder to provide the required services and/or delivery of the items described in this ITB in compliance with all stated and applicable federal requirements, in a prompt, economical, and timely manner without delay or interference. Bidders shall include a Critical Path Schedule with their bid, demonstrating the successful completion of the Base Bid Contract in accordance with the timeline set forth in Section 3 above.

b. The project work must be performed to Substantial Completion by August 2, 2027.

mailto:maryam.zahory@acps.k12.va.us

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2. Past Performance.

Bidders shall submit brief information on three (3) comparable projects completed in the past seven (7) years, demonstrating the quality and timeliness of performance on these projects; these projects shall include a federal funding component.

3. References.

Bidders shall submit a fully completed Attachment B, listing individuals who had daily knowledge of the sample projects listed for item 2 above, who can authoritatively speak to the Bidder’s performance on the stated projects.

4. Compliance.

Attachment A (Bid Form) shall be fully completed and signed.

5. Price.

In Compliance with the subject Invitation to Bids and documents therein specified, all of which are incorporated herein by reference, the Bidder shall propose to furnish all labor, equipment, and materials and perform all work necessary for the construction of this Project, in accordance with the Plans and Specifications provided as part of this solicitation.

6. Exceptions, Assumptions, or Conditions.

Any exceptions taken, assumptions made, or conditions to the submitted bid, including any requested revisions to the language provided in the sample agreement, if any, must be provided.

A. Also include any other materials you may want to submit as part of your

Bid response.

B. ACPS has the right to use any or all ideas presented in reply to this ITB, subject only to the limitations regarding proprietary/confidential data of Bidder.

C. ACPS is not liable for any costs incurred by any Bidder in connection with this ITB or any response by any Bidder to this ITB. The expenses incurred by Bidder in the preparation, submission, and presentation of the bid are the sole responsibility of the Bidder and may not be charged to ACPS.

D. Only ACPS will make news releases pertaining to this ITB or the proposed award of a Contract.

E. Each Bidder who is a stock or Nonstock Corporation, Limited Liability Company, business trust, limited partnership, or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Bidder shall include in its bid response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Bidder that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its bid response a statement describing why the Bidder is not required to be so authorized. (See Va. Code Section 2.2-4311.2).

F. Each Bidder is required to state if it has ever been suspended or debarred, ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 9 | Page fined, had a contract terminated, by any federal, state, or local government, and/or private entity. If so, please give the details of each such matter and include this information with the bid response.

SECTION 8. SUBMITTAL PROCEDURES

Only electronic responses submitted via eVA (electronic Virginia’s) shall be accepted. Vendor Registration is required to submit a response. Please use the following link to register and upload bids in eVA: https://eva.virginia.gov/. The registration process must be completed before submitting any response to a solicitation, so allow enough time to complete that process first.

Submissions are accepted prior to the Bid closing date and time. Allow adequate time for bid submissions and uploads. No paper copies are allowed. Should you experience any system issues prior to the proposal closing date and time, the offeror shall immediately notify the Procurement Officer.

*Bids received outside of eVA, and those received after the date and time specified, shall not be accepted or considered.

Bidders may submit an additional file as a redacted copy that removes all proprietary items and includes the file name “Redacted for Proprietary Information”. If no proprietary information is removed, Bidder shall, in its written transmittal letter, make such statement.

ACPS reserves the right to cancel this ITB and/or reject any or all Bids, to waive informalities in any Bid, and to award to the Bidder whose Bid is, at the sole discretion of ACPS, determined to be in the best interest of Alexandria City Public Schools.

Each Bidder is solely responsible for ensuring that such Bidder has the current, complete version of the ITB documents, including any addenda, before submitting a Bid. ACPS is not responsible for any ITB obtained from any source other than ACPS.

As a requirement for the project, Bidders must be able to submit Performance and Payment Bonds. The Bidders shall provide, with their Submittals, a letter from a surety or bonding agent confirming that the Bidder can obtain performance and payment bonds for the Project.

In addition to the mandatory items included in Section 7 above, each Bidder must include with its Submittal a completed and signed copy of the following:

1. All signed addenda forms, confirming receipt of all clarifications, changes, and/or modifications made to the ITB (if applicable)

2. Bid Form (Attachment A)

3. Bidder’s Reference Form (Attachment B)

4. Attachment C. W-9

5. Bid Surety, in accordance with Section 22, below.

SECTION 9. MISCELLANEOUS.

A. Ownership of Material – Ownership of all data, materials, and documentation originated and prepared for ACPS pursuant to the ITB shall belong exclusively to ACPS and be 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 Freedom of Information Act, unless otherwise required by law or a court. However, the Bidder must invoke the protection of Section 2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or other https://eva.virginia.gov/

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 10 | Page material is submitted. The written notice must SPECIFICALLY identify the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method, such as highlighting or underlining, and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire bid document, line item prices, and/or total bid prices as proprietary or trade secrets is NOT ACCEPTABLE and may result in REJECTION of the bid.

B. As this is an ITB, no information regarding the bid records or the contents of responses will be released except in accordance with Section 2.2-4342 of the Code of Virginia.

Once an award has been made, all bids will be open to public inspection subject to the provisions set forth above.

C. Any interpretation, correction, or change of the ITB will be made by an addendum.

Interpretations, corrections, or changes of this ITB made in any other manner will not be binding, and Bidders must not rely upon such interpretations, corrections, or changes.

The ACPS Procurement Office will issue all Addenda.

D. No Bidder shall confer on any School system employee having official responsibility for a procurement transaction, any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

E. ACPS may make investigations to determine the ability of the Bidder to perform or supply the services and/or items as described in this ITB. ACPS reserves the right to reject any bid if the Bidder fails to satisfy ACPS that it is qualified to carry out the obligations of the proposed contract.

F. The Successful Bidder must comply with the nondiscrimination provisions of Virginia Code Section 2.2-4311, which are incorporated herein by reference.

G. The Successful Bidder must comply with the drug-free workplace provisions of Virginia Code Section 2.2-4312, which are incorporated herein by reference.

H. It is the policy of ACPS to maximize participation by minority and women-owned business enterprises in all aspects of ACPS contracting opportunities.

I. The Successful Bidder shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations. The Successful Bidder shall not, during the performance of any resultant contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

J. Providers of any outside services shall be subject to the same conditions and requirements as the successful Bidder regarding law, code, or regulation compliance.

ACPS reserves the right to approve any subcontract work, including costs thereof.

K. Ethics in Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Code, pertaining to Bidders, contractors, and subcontractors, are applicable to this ITB.

L. Conflict of Interest Act. The provisions, requirements, and prohibitions as contained in Sections 2.2-3100, et seq., of the Virginia Code are applicable to this ITB.

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M. The procurement provisions of the Code of Virginia (1979), as amended, Sections 23.2- 1, et seq., as well as the ACPS Procurement Manual, apply to this ITB, unless specifically modified herein. The ACPS Procurement Manual can be reviewed at the Procurement Office.

N. Insurance Requirements.

The successful Bidder, and any of its subcontractors, shall, at its sole expense, obtain and maintain during the life of the resulting Contract the insurance policies and/or bonds required. Any required insurance policies and/or bonds shall be effective prior to the beginning of any work or other performance by the successful Bidder, or any of its subcontractors, under any resultant Contract. All such insurance shall be primary and noncontributory to any insurance or self-insurance ACPS may have. The policies and coverage required are those as may be referred to in the sample contract and/or the terms and conditions attached to this ITB.

O. Sufficient Financial Ability. The Bidder must have sufficient financial ability to perform the contract services. Performance and payment bonds will be required for the Project.

Bidders shall demonstrate their financial ability to perform the services of the Contract by providing, with their Submittals, a letter from a surety or bonding agent stating that the Bidder can acquire performance and payment bonds for the Project, each in the amount of the Bidder's proposed cost from a corporation included on the United States Treasury list of acceptable surety corporations.

P. Appropriate Experience. The Bidder must have appropriate experience to perform the minor design and interior renovation services required for the Project(s). More specifically, the Bidder must possess all licenses, registrations, and insurance required to perform the Work for the Project(s) in accordance with the Commonwealth of Virginia.

Q. No Prior Judgments. It must be true that neither the Bidder nor any officer, director, or owner thereof has had any judgments entered against it within the past ten years for the breach of any contract for governmental or nongovernmental construction, including, but not limited to, design-build and construction management contracts. ACPS reserves the right to waive this requirement if ACPS determines that it is in its best interest to do so.

R. Substantial Compliance with Prior Contracts with Public Bodies. It must be true that the

Bidder has, except for good cause, substantially complied with the terms and conditions of all prior contracts with ACPS for construction. The Bidder has, except for good cause, substantially complied with the terms and conditions of all prior construction management contracts with other “public bodies” as that term is defined in the Virginia Public Procurement Act.

S. No Prior Convictions. It must be true that neither the Bidder, nor any officer, director, owner, project manager, procurement manager or chief financial officer thereof, has been convicted within the past ten years of a crime related to governmental or nongovernmental construction or contracting, including, but not limited to, a violation of

(i) Article 6 of the Virginia Public Procurement Act, (ii) the Virginia Governmental Frauds

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Act, (iii) Chapter 4.2 of title 59.1 of the Code of Virginia, or (iv) any substantially similar law of the United States or another state.

T. Not Suspended or Debarred. It must be true that neither the Bidder nor any officer, director, or owner thereof, is currently suspended or debarred pursuant to an established suspension or debarment procedure from bidding or contracting with any “public body” as that term is defined in the Virginia Public Procurement Act, agency of another state, or agency of the federal government.

SECTION 10. BID EVALUATION

ACPS’ evaluation of bids will be based on the extent to which each bid meets the requirements of the ITB and the extent to which the Bidder is able to perform successfully the services sought by ACPS. Bids that meet the qualification requirements as set forth in the Instructions to Bidders section of this solicitation will be evaluated using the following criteria and the number and types of exceptions taken by the Bidder.

SECTION 11. METHOD OF SOURCE SELECTION

ACPS is using the competitive sealed bid method of source selection for this procurement, as authorized by the Virginia Code §2.2-4302.1. If an award is made, ACPS will issue an award to the lowest responsive and responsible Bidder. It is ACPS’s intent that this solicitation promotes competition. It shall be the Bidders' responsibility to advise ACPS if any language, requirements, or specifications restrict or limit the purchase to a single source. Such notification must be received by the ACPS Director of Procurement no later than ten (10) calendar days prior to the bid opening date and time. A review of such notification will be conducted, and the Bidder will be notified of the results.

SECTION 12. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

Each Bidder acknowledges by submitting a bid that it has taken steps reasonably necessary to ascertain the nature and location of the Work of the solicitation, and that it has investigated and satisfied itself as to the general and local conditions and factors which can affect the work or its cost, including but not limited to:

A. Conditions bearing upon transportation, disposal, handling, and storage of materials;

B. The availability of labor, water, electric power, and roads;

C. Access to the equipment;

D. Extent and condition of the listed equipment;

E. Uncertainties of weather, river stage, tides, or similar physical conditions at the site;

F. The conformation and conditions of the ground; and G. The character of equipment and facilities needed before and during work performance.

contract, unless that Each Bidder also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work publicly or otherwise available, as well as from the Drawings and Specifications made a part of this solicitation. Any failure of a Bidder to take the actions described and

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 13 | Page acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work without additional expense to

ACPS.

The Bidder shall make all necessary investigations to determine the existing utility lines or structures that require relocation, reconstruction, or any other work beyond normal protection, or as called for in the Agreement Documents; such additional work will be ordered under the terms of the clause entitled “Changes in Work.”

ACPS assumes no responsibility for any conclusions or interpretations made by the Bidder based upon the information made available by ACPS. ACPS assumes no responsibility for any understanding reached or representations made concerning conditions which can affect the work by any of its officers or agents before the execution of the understanding or representation is expressly stated in the Contract.

SECTION 13. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE ITB

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, it shall immediately notify the Director of Procurement of such error in writing and request modification or clarification of the ITB. Any Bid that includes assumed clarifications and/or corrections without the required authentication of the same shall be subject to rejection by ACPS.

Any necessary modifications or clarifications to the ITB will be made, and corrections will be posted as an Addendum to this ITB.

SECTION 14. SECTION 14. WAIVER OF INFORMALITIES

ACPS reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the goods, services, and/or construction being procured. If insufficient information is submitted for ACPS to properly evaluate the bid by a bidder, ACPS reserves the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

SECTION 15. TIE BIDS

If two (2) or more Bidders submit Bids that are identical as to price, quality, and service, preference shall be given to goods produced in Virginia or goods or services or construction provided by Virginia persons, firms, or corporations; otherwise, the tie shall be decided by lot or as hereinafter provided. Whenever any Bidder is a resident of any other state and that state, under its laws, allows a resident contractor of that state preference, a like preference may be allowed to the lowest responsible Bidder who is a resident of Virginia.

SECTION 16. AWARD

The award shall be to the lowest responsive and responsible Bidder. Where the unit price and the extension price are at variance, the unit price will prevail;

The Procurement Office will post the bid tabulation to the ACPS website.

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SECTION 17. BID AND PRESENTATION COSTS

ACPS shall not be liable in any way for any costs incurred by any Bidder in the preparation of its Bid in response to the ITB.

SECTION 18. SECTION 18. NO BID

Bidders who wish not to submit a bid are encouraged to notify the ACPS Buyer of their decision of “No Bid”.

SECTION 19. BID WITHDRAWAL PROCEDURE

Bidders may withdraw their Bids from consideration at any time prior to the bid opening by providing written notice to the ACPS Director of Procurement. Subsequent to the commencement of the bid opening procedure, but prior to award, a Bidder may withdraw its Bid from consideration if the price bid was substantially lower than other Bids due solely to a mistake therein, provided:

A. that the Bid was submitted in good faith;

B. and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of the Bid; and

C. that the unintentional nature of the arithmetic error or omission is clearly shown to the Procurement Manager’s satisfaction by objective evidence drawn from original work papers, documents, and materials used in the preparation of the Bid sought to be withdrawn. Written notice of the Bid withdrawal must be provided by the Bidder within two (2) Business Days of the conclusion of the bid opening procedure. By close of business on the second business day following the written notice of withdrawal, the Bidder must submit to the ACPS Director of Procurement all original work papers, documents, and materials used to prepare the Bid.

The aforementioned notice and documents must be delivered in person or by registered mail to the ACPS Director of Procurement. The ACPS Director of Procurement’s determination shall be made in writing within five (5) Business Days of receipt of the notice of the Bid withdrawal, shall state the reason for denial of the request for withdrawal (if applicable), and may only be based upon the original work papers, documents, and materials delivered as requested above.

SECTION 20. BID ACCEPTANCE

Submission of a signed Bid constitutes certification by the respective Bidder that it is registered with the Virginia State Corporation Commission, if applicable, is the legal entity authorized to enter into an agreement with ACPS, and will accept any award made to it as a result of the submission. ACPS’ Purchase Order will serve as a payment document, and the Purchase Order Number shall be shown on all invoices and correspondence.

SECTION 21. INSURANCE REQUIREMENTS

Insurance requirements, including the type and coverage levels, are set out in the General Conditions and Supplementary Conditions attached to the ITB. The acknowledgment for

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 15 | Page compliance with these requirements shall be made in Attachment A (Bid Form).

SECTION 22. SURETY REQUIREMENTS

A. Bid Surety:

A fully completed and properly executed copy of Bid Bond (using the form provided with this solicitation), cashier's check, certified check, money order, or cash escrow in the amount of 5% of the amount of the bid made payable to ACPS shall accompany each bid (UPLOADED BID BOND REQUIRED). The Bid Surety of all Bidders may be retained until after the award to the successful Bidder is made. The Bid Surety of the successful Bidder shall be retained until completion of the Contract or the posting of a Performance Bond, whichever occurs sooner. A Bid submitted/UPLOADED without a bid surety, or with a bid surety in an amount less than the required amount, shall be rejected.

B. Failure to Execute:

The failure to accept an award and file acceptable Performance and Payment Bonds within ten (10) days after notice of award shall be just cause for cancellation of the award and the forfeiture of the Bid Surety to ACPS as liquidated damages. Award may then be made to the next lowest responsive and responsible Bidder.

C. Performance Surety:

Awardee shall submit a fully completed and properly executed original Performance Bond in the amount of 100% of the amount of its Bid to ensure satisfactory completion of the work.

D. The bond shall be submitted utilizing the attached Performance Surety form to this

Solicitation. The surety company shall be authorized to do business in the Commonwealth of Virginia and must be Treasury Listed” in the most recent Circular 570 issued by the U.S. Bureau of the Fiscal Service.

E. Where applicable, the Performance Bond shall be updated if the contract amount has been increased or decreased as a result of contract amendments or change orders. The Successful Bidder shall provide contact information for the Surety company at the time of submission of the documents.

F. Payment Bond:

Awardee shall submit a fully completed and properly executed original Payment Bond in the amount of 100% of the amount of the bid, conditioned upon the payment of all persons who have and fulfill contracts for the Contractor for performing labor, providing equipment, or providing material in the performance of the work provided for in the Contract, as required of the successful Bidder.

G. The bond shall be submitted utilizing the attached Performance Surety form to this

Solicitation. The surety company shall be authorized to do business in the Commonwealth of Virginia and must be “Treasury Listed” in the most recent Circular 570 issued by the U.S. Bureau of the Fiscal Service.

H. Where applicable, the Performance Bond shall be updated if the contract amount has been increased or decreased as a result of contract amendments or change orders. The Successful Bidder shall provide contact information for the Surety company at the time of submission of the documents.

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I. Alternate Surety:

If approved by ACPS, a Bidder may furnish a personal bond, property bond, or a letter of credit from a bank or savings and loan association in an amount equal to the bid bond, payment bond, or performance bond. Approval shall be granted only upon a determination by ACPS that the alternative form of security proffered affords protection to ACPS equivalent to a corporate surety's bond.

SECTION 23. LIQUIDATED DAMAGES:

A. ACPS and the Contractor recognize that time is of the essence in this Agreement and that ACPS will suffer damages if the Successful Bidder fails to achieve Substantial Completion, and thereafter Final Completion, of the Work, or of any individual Phase of the Work for which a Substantial Completion, and, if applicable, Final Completion, date with associated Liquidated Damages is established by the Contract Documents within the time specified in Section 3, above.

B. ACPS and the Contractor agree that the actual damages to be incurred by ACPS in the event of late completion are not readily ascertainable or capable of estimation at the time of contracting. It is understood and agreed that the Liquidated Damages amount shall not be affected by ACPS’s use or occupancy of, or by the achievement of Substantial Completion or Final Completion of, less than the entirety of the Work to which the Liquidated Damages amount may be pplicable.

C. The Contractor hereby waives without condition or limitation any objection that the amount of Liquidated Damages set forth below is void as a penalty or is not reasonably related to actual damages. Without limitation of the foregoing, Contractor also agrees that any deduction of Liquidated Damages from amounts otherwise payable to Contractor shall not constitute improper or wrongful nonpayment of Contractor, and Contractor, without limitation or condition, conclusively waives any claim or cause of action premised in whole or in part on any such deduction of Liquidated Damages. In the event more than one ground for assessment of Liquidated Damages as set forth herein exists concurrently, such grounds shall be deemed to be, and hereby are agreed to be, independent, and all applicable Liquidated Damages shall be assessed and deducted cumulatively. In the event that, subsequent to any deduction of Liquidated Damages as authorized herein, a time extension is granted or any determination is made which affects in whole or in part the amount of Liquidated Damages deducted, Contractor acknowledges and agrees that its sole remedy shall be payment by ACPS of the principal amount of Liquidated Damages so determined to be payable to the Contractor plus interest as provided in the Contract Documents. Accordingly, ACPS and the Contractor agree that as Liquidated Damages for delay in achieving timely completion as required by the Contract (but not as a penalty), the Contractor shall:

1. Pay ACPS One Thousand Dollars ($1,000.00) for each day that expires after the time specified in Section 4 for the Substantial Completion Date, plus any approved time extensions, until Substantial Completion is achieved; and pay ACPS Five Hundred Dollars ($500.00) for each day that expires after the time specified in Section 3 for the Final Completion Date, plus any approved time extensions, until Final Completion is achieved.

2. Contractor hereby consents to ACPS withholding from amounts otherwise payable to the Contractor all Substantial Completion Liquidated Damages and

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Final Completion Liquidated Damages which have been assessed through the date of payment. If the amount of Substantial Completion Liquidated Damages and Final Completion Liquidated Damages assessed exceeds the amount otherwise payable to Contractor, Contractor shall make payment thereof to ACPS within fourteen (14) days following issuance by ACPS of Notice of payment due for Substantial Completion Liquidated Damages, Final Completion Liquidated Damages, or both.

SECTION 24. EXAMINATION OF SOLICITATION DOCUMENTS

It is the responsibility of each Bidder to examine thoroughly the Solicitation Documents and other related data identified in the ITB before submitting a Bid in response to the ITB.

SECTION 25. VIRGINIA CONTRACTOR LICENSE

A. For all work that is classified as being performed by “Contractors” as defined by the

Virginia State Board of Contractors, a Class A or B License is required. If a Bidder fails to obtain this license prior to submission of the Bid, the Bidder shall be deemed non-responsible for this work, and its bid shall be rejected.

B. If a contract for performing or managing construction, removal, repair or improvements is for $120,000 or more, or if the total value of all such construction, removal, repair, or improvements undertaken by the Bidder within any twelve (12) month period is $750,000 or more, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a “Class A Contractor”.

C. If a contract for performing or managing construction, removal, repair or improvements is for $10,000 or more, but less than $120,000, or if the total value of all such construction, removal, repair, or improvements undertaken by the Bidder within any twelve (12) month period is $150,000 or more, but less than $750,000, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a “Class B Contractor”.

D. For further information, contact the State Board for Contractors website at:

http://www.dpor.virginia.gov/Boards/Contractors/

SECTION 26. QUALIFICATION OF BIDDERS

Each Bidder may be required, before the award of the contract, to show to the complete satisfaction of the ACPS Procurement Office that it has the necessary facilities, ability, and financial resources to comply with the contract and furnish the service, material, or goods specified herein in a satisfactory manner. Each Bidder may also be required to provide past history and references, which will enable the Procurement Office to be satisfied as to the Bidder's qualifications. Failure to meet the foregoing requirements will result in ACPS rejecting the bid.

SECTION 27. TRANSPORTATION AND DELIVERY:

Bidder’s prices shall include all charges for packing, handling, freight, and storage.

SECTION 28. USE OF BRAND NAMES

Unless identified as a “No Substitute” item in the solicitation, the name of a certain brand, make, or manufacturer does not restrict Bidders to that specific brand, make, or manufacturer. The use http://www.dpor.virginia.gov/Boards/Contractors/

ITB No. 130476 – Construction Services for the William Ramsay Renovation Project 18 | Page of the brand, make, or manufacturer’s identification is intended to convey the general type, style, character, and quality of the article described. Any article which ACPS, in its sole discretion, determines to be the equivalent of the article specified, considering quality, workmanship, economy of operations, and suitability for the intended use, may be accepted and considered for award.

For those items not identified as “No Substitute”, ACPS has established the following procedures for determining the equivalency of a particular item:

Bidder Submission of Proposed Equivalent Item(s):

A. Bidder shall submit to ACPS its proposed item(s) for determination of their equivalency to the Brand Name(s) specified.

B. Each proposed item must be described on a separate page, indicating the specifics of the proposed item. Attach any technical information, photographs, brochures, or other relevant data supporting the proposed item that permits ACPS to fairly determine the acceptability of the item proposed. ACPS, in its analysis, will consider relative costs, feature equivalence, serviceability, the design of the proposed item, and pertinent performance factors.

ACPS Review of Proposed Equivalent Item(s):

A. Approved item(s) shall be added to the solicitation, in the form of an addendum to the solicitation, which shall be issued on or about four (4) days prior to the date set for the opening of bids.

B. Bidders whose item(s) have not been approved will be so advised in writing prior to bid opening.

NOTE: ACPS may request additional information or documentation necessary to evaluate the Procurement Substitution Request.

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ATTACHMENT A

BID SUBMISSION FORM

INVITATION TO BID (ITB)…