PHF Bathroom Refurbishment Project Front End Documents-R1.pdf

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Invitation to Bid

Sealed bids, subject to the conditions herein, will be received until 11:00 a.m. on October 29, 2026, at the Newport News/Williamsburg Airport or by mail to Peninsula Airport Commission, 900 Bland Blvd., Suite

G, Newport News, VA 23602, Attention: John Borden, Executive Director and then opened and publicly read for furnishing all labor and materials and performing all work associated with: Bathroom Refurbishment Project.

A Prebid Conference will be held at 11:00 a.m. on October 16, 2026, at the Newport News/Williamsburg Airport Terminal Building conference room. It is strongly recommended that all prospective bidders have a qualified representative at this Prebid Conference.

Bid Documents may be obtained in electronic .pdf format, free of charge, through direct electronic transfer.

Requests for bid documents in electronic format may be made by submitting an e-mail request to Fabio

Bendana (fbendana@bsquare.design). Bidders requesting electronic format bid documents must provide a contact name, name of firm they represent with mailing address, and an e-mail address for receipt of electronic files. Companies requesting electronic transfer will receive an e-mail link for direct downloading from BSquare Design Secure Folder System. This project will be coordinated through Virginia’s eProcurement Marketplace (eVA).

Each bid must be accompanied by a Bid Bond, a deposit of cash or by a certified check payable to Peninsula

Airport Commission and drawn on a bank or trust company authorized to do business in the State of

Virginia, for an amount equal to 5% of the total base bid, as a guarantee that if the bid is accepted, the required Contract will be executed and the required Performance Bond and Payment Bond furnished within ten (10) days after receipt of written notice of formal award of Contract.

Envelopes containing proposals must be sealed, addressed to Peninsula Airport Commission, 900 Bland

Blvd., Suite G, Newport News, VA 23602, Attention: John Borden, Acting Executive Director, and marked on the envelope as follows:

SEALED BID FOR: Bathroom Refurbishment Project

It is the intent of the Peninsula Airport Commission to award the entire project, however, the award of this contract is contingent upon the availability of federal funds.

The Peninsula Airport Commission reserves the right to reject any or all proposals.

John Borden

Deputy Director fbend Text Box Appendix A

SECTION II

SPECIAL TERMS AND CONDITIONS GOODS AND NONPROFESSIONAL SERVICES

The following is an index of Special Terms and Conditions clauses. Some are mandatory whereas others may be used at the buyer’s discretion in solicitations or negotiated contracts as the individual procurement may dictate. These clauses cover a broad spectrum of goods, printing, and services and are followed by a brief explanation (indicated by an asterisk *) of when each should be used.

Other special terms and conditions may be developed and included in the solicitation when appropriate.

INDEX - SPECIAL TERMS AND CONDITIONS

MANDATORY FOR MOST CONTRACTS

1. AUDIT B-11

2. AWARD OF CONTRACT B-11

3. CANCELLATION OF CONTRACT B-14

4. eVA ORDERS AND CONTRACTS B-14

5. RENEWAL OF CONTRACT B-15

AS INDIVIDUAL PROCUREMENTS MAY DICTATE

6. ASBESTOS B-16

7. AS-BUILT DRAWINGS B-16

8. ADDITIONAL USERS B-16

9. BEST AND FINAL OFFER B-16

10. BID ACCEPTANCE PERIOD B-16

11. BID BOND OR GUARANTEE B-16

12. BID PRICES B-17

13. BLANKET FIDELITY BOND B-17

14. CERTIFICATION OF MEAT PRODUCTS B-17

15. CERTIFIED TEST REPORT B-17

16. CONTRACTOR /SUBCONTRACTOR LICENSE REQUIREMENT B-17

17. CONTRACTOR REGISTRATION B-17

18. CONTRACTOR’S TITLE TO MATERIALS B-18

19. DELIVERY B-18

20. DELIVERY AND STORAGE B-18

21. DELIVERY NOTIFICATION B-18

22. DISCOUNTS B-19

23. EXTRA CHARGES NOT ALLOWED B-19

24. FINAL INSPECTION B-19

25. FLAME RETARDANT CERTIFICATE B-19

26. IDENTIFICATION OF BID/PROPOSAL ENVELOPE B-19

27. INDEMNIFICATION B-20

28. INSPECTION OF JOB SITE B-20

29. INSTALLATION B-20

30. INSURANCE, MONEY AND SECURITIES B-20

31. LABELING OF HAZARDOUS SUBSTANCES B-20

32. LIMITATION OF LIABILITY B-20

33. LIQUIDATED DAMAGES B-21

34. MAINTENANCE MANUALS B-22

35. MATERIAL SAFETY DATA SHEETS B-22

36. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE B-23

37. NAME OF MANUFACTURER AND SHIPPING POINT B-23

38. NEGOTIATION WITH THE LOWEST BIDDER B-23

39. ORDERING OPTION B-24

40. PERFORMANCE AND PAYMENT BONDS B-24

41. PREBID/PREPROPOSAL CONFERENCE - MANDATORY/OPTIONAL B-24

42. PREVENTIVE MAINTENANCE B-25

43. PRICE ESCALATION/DE-ESCALATION B-25

44. PRIME CONTRACTOR RESPONSIBILITIES B-25

45. PRINTING B-25

46. PRINTING DEFINITIONS B-26

47. PRODUCT INFORMATION B-27

48. QUANTITIES B-27

49. RECYCLED PAPER B-27

50. REFERENCES B-27

51. SECURITY LICENSE B-27

52. SUBCONTRACTS B-28

53. USE OF RECYCLED MATERIALS B-28

54. WARRANTY B-28

55. WARRANTY (COMMERCIAL) B-28

56. WORK SITE DAMAGES B-28

57. WORK ESTIMATES (TIME AND MATERIAL CONTRACTS) B-28

58. EMPLOYMENT SERVICES ORGANIZATION B-29

59. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION B-29

60. CONTINUITY OF SERVICES B-29

61. PRODUCT AVAILABILITY/SUBSTITUTION B-30

62. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER B-30

63. E-VERIFY B-30

64. EMERGENCY EVENT PRICING B-30

65. CERTIFICATION OF INTERNAL CONTROLS B-31

MANDATORY FOR MOST CONTRACTS

1. 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 Commonwealth of Virginia, 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.

2. AWARD OF CONTRACT: All solicitations must contain one of the following award clauses to specify the method of award.

A. AWARD: An award will be made to the lowest responsive and responsible. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State 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.

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

4. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in ( 1 ) purchase order with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e- procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov.

Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

5. RENEWAL OF CONTRACT: (NOTE: A term contract may not be renewed unless a renewal clause is included in the solicitation and the renewal is fully executed in writing prior to the expiration of the current contract term. Select one of the following clauses if an option to renew the contract beyond the original period of the contract is desired. Select either “one year” or complete the blank, indicating the number of “successive one year periods” the contract may be renewed.)

A. RENEWAL OF CONTRACT: No renewal on this project, contract ends once work is completed and approved for payment not to include warranty of products use and services provided.

6. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

7. AS BUILT DRAWINGS: The contractor shall provide the Commonwealth a clean set of reproducible “as built” drawings and wiring diagrams, marked to record all changes made during installation or construction. The contractor shall also provide the Commonwealth with maintenance manuals, parts lists and a copy of all warranties for all equipment. All “as built” drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to the Commonwealth upon completion of the work and prior to final payment.

8. ADDITIONAL USERS: This procurement is being conducted on behalf of state agencies, institutions and other public bodies who may be added or deleted at any time during the period of the contract. The addition or deletion of authorized users not specifically named in the solicitation shall be made only by written contract modification issued by this agency or institution and upon mutual agreement of the contractor. Such modification shall name the specific agency added or deleted and the effective date. The contractor shall not honor an order citing the resulting contract unless the ordering entity has been added by written contract modification.

9. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the offeror(s) may be asked to submit in writing, a Best And Final Offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the offeror(s). The offeror’s proposal will be rescored to combine and include the information contained in the BAFO. The decision to award will be based on the final evaluation including the BAFO.BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for ( ) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

10. BID BOND OR GUARANTEE: Each bid shall be accompanied by a bid bond or guarantee of five percent (5%) of the amount of the bid, which shall be a certified check, cash escrow or a bid bond payable to the Treasurer of the Commonwealth of Virginia. The sureties of all bonds shall be of such surety company or companies as are approved by the State and are authorized to transact business in the Commonwealth of Virginia. Such bid bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw such bid during the period of days following the opening of bids; that if such bid is accepted, the bidder will accept and perform under the terms of the Invitation for Bids and purchase order or contract. The bid guarantee will be returned upon award of contract.

11. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

12. CERTIFIED TEST REPORT: Each bidder shall provide a copy of a certified test report with their bid. The certified test report shall be from a recognized independent testing laboratory or manufacturer’s quality control laboratory showing all test results and full compliance with the appropriate specifications indicated herein. However, the Commonwealth reserves the right to perform any tests or inspections when and as deemed necessary to verify the certified test report.

13. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked.

http://www.eva.virginia.gov/ mailto:eVA-catalog-manager@dgs.virginia.gov fbend

Contractor Name:

License # Type

Subcontractor Name:

License # Type

14. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $750,000 or more, the bidder/offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $150,000 or more, but less than $750,000 or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the bidder is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The bidder/offeror shall place on the outside of the envelope containing the bid/proposal and shall place in the bid/proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Licensed Class A Virginia Contractor No. Specialty Licensed Class B Virginia Contractor No.

Specialty Licensed Class C Virginia Contractor No. Specialty

If the bidder/offeror shall fail to provide this information on his bid/proposal or on the envelope containing the bid/proposal and shall fail to promptly provide said contractor license number to the Commonwealth in writing when requested to do so before or after the opening of bids/proposals, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a bidder/offeror shall fail to obtain the required license prior to submission of his bid/proposal, the bid/proposal shall not be considered.

14. CONTRACTOR’S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the contractor or by any subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The contractor warrants that he has clear title to all materials and supplies for which he invoices for payment.

15. DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of order (ARO) by the bidder/offeror. The Agency requires the (bidder/offeror) to deliver within a reasonable time after ARO. If the bidder/offeror does not insert a stated delivery time in the blank below, the (bidder/offeror) will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:

Agency’s desired delivered time: 90 calendar days ARO

BIDDER’S/OFFEROR’S STATED DELIVERY TIME: CALENDAR DAYS ARO

16. DELIVERY AND STORAGE: It shall be the responsibility of the contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The owner will not assume any responsibility for receiving these shipments. Contractor shall check with the owner and make necessary arrangements for security and storage space in the building during installation.

17. A. PROMPT PAYMENT DISCOUNTS: Agency will pay within 30 days after acceptance.

18. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the Commonwealth’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

19. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized owners representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance of the work.

20. INDEMNIFICATION: Contractor agrees to indemnify the Commonwealth of Virginia, its officers, agents, and employees for any loss, liability, cost, or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

21. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

22. INSTALLATION: All items must be assembled and set in place, ready for use. All crating and other debris must be removed from the premises.

23. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous

Substances” as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in § 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.

24. LIQUIDATED DAMAGES: (Note: Review the guidance contained in the General Comments and Procedures below before deciding to include one of the following clauses in a solicitation.

A. LIQUIDATED DAMAGES, GOODS AND NONPROFESSIONAL SERVICES: Delivery is required not later than . It is understood and agreed by the bidder/offeror that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid/proposal document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified there will be deducted, not as a penalty but as liquidated damages, the sum of $500.00 per day for each and every calendar day of delay beyond the specified; except that if the delivery be delayed by any act, negligence, or default on the part of the Commonwealth, time public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the procuring public body deems appropriate may be granted. Upon receipt of a written request and justification for any extension from the contractor, the purchasing office may extend the time for performance of the contract or delivery of goods herein specified, at the purchasing office’s sole discretion, for good cause shown.

25. MAINTENANCE MANUALS: The contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

26. MATERIAL SAFETY DATA SHEETS: Material Safety Data Sheets and descriptive literature shall be provided with the bid/proposal for each chemical and/or compound offered. Failure on the part of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as nonresponsive.

27. SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN, EVIDENCE OF COMPLIANCE WITH

SMALL BUSINESS SUBCONTRACTING PLAN, AND SUBCONTRACTOR REPORTING :

A. Submission of Small Business Subcontracting Plan: It is the statewide goal of the Commonwealth that 42% of its purchases be made from small businesses certified by DSBSD. This includes discretionary spending in prime contracts and subcontracts. All bidders/offerors are required to submit a Small Business Subcontracting Plan. The contractor is encouraged to offer such subcontracting opportunities to DSBSD-certified small businesses. This shall include DSBSD-certified women-owned and minority-owned businesses and businesses with DSBSD service disabled veteran-owned status when they have also received DSBSD small business certification. Where it is not practicable for any portion of the goods/services to be subcontracted to other suppliers, the bidder/offeror shall note such on the Small Business Subcontracting Plan. No bidder/offeror or subcontractor shall be considered a small business unless certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by the due date for receipt of bids or proposals.

B. Evidence of Compliance with Small Business Subcontracting Plan: Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution monthly reports substantiating compliance in accordance with the small business subcontracting plan. If a variance exists, the contractor shall provide a written explanation. A subcontractor shall be considered a Small Business for purposes of a contract if and only if the subcontractor holds a certification as such by the DSBSD. Payment(s) may be withheld until the purchasing agency confirms that the contractor has certified compliance with the contractor’s submitted Small Business Subcontracting Plan or is in receipt of a written explanation of the variance. The agency or fbend Highlight $500.00 institution reserves the right to pursue other appropriate remedies for non-compliance to include, but not be limited to, termination for default.

C. Prime Contractor Subcontractor Reporting:

1. Each prime contractor who wins an award greater than $100,000, shall deliver to the contracting agency or institution on a monthly basis, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan that are DSBSD-certified businesses or Employment Services Organizations (ESOs). The contractor shall furnish the applicable information to the purchasing office via the Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

2. In addition each prime contractor who wins an award greater than $200,000 shall deliver to the contracting agency or institution on a monthly basis, all applicable information on use of subcontractors that are not DSBSD-certified businesses or Employment Services Organizations. The contractor shall furnish the all applicable information to the purchasing office via the Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

28. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, the Commonwealth reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the agency’s available funds.

For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The agency shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the agency wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the agency and the lowest responsive, responsible bidder.

29. PERFORMANCE AND PAYMENT BONDS: The successful bidder shall deliver to the purchasing office executed Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds, each in the sum of the contract amount, with the Commonwealth of Virginia as obligee. The surety shall be a surety company or companies approved by the State Corporation Commission to transact business in the Commonwealth of Virginia. No payment shall be due and payable to the contractor, even if the contract has been performed in whole or in part, until the bonds have been delivered to and approved by the purchasing office. Standard bond forms will be provided by the purchasing office prior to or at the time of award.

30. PREBID/PREPROPOSAL CONFERENCE - MANDATORY:

A. MANDATORY PREBID/PREPROPOSAL CONFERENCE: A mandatory prebid/preproposal conference will be at

11am October 16th, 2026 at the Newport News Williamsburg International Airport. The purpose of this conference is to allow potential bidders/offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders/offerors having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid/proposal.

Bids/Proposals will only be accepted from those bidders/offerors who are represented at this prebid/preproposal conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster.

No one will be admitted after (11:00 am) .

Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

31. PREVENTIVE MAINTENANCE: The contractor shall provide necessary preventive maintenance, required testing and inspection, calibration and/or other work necessary to maintain the equipment in complete operational condition during the warranty period.

32. PRICE ESCALATION/DE-ESCALATION: Price adjustments may be permitted for changes in the contractor’s cost of materials not to exceed the increase in the following index/indices: . No price increases will be authorized for calendar days after the effective date of the contract. Price escalation may be permitted only at the end of this period and each days thereafter and only where verified to the satisfaction of the purchasing office. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to the Commonwealth.

Contractor shall give not less than 30 days advance notice of any price increase to the purchasing office. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30 day notification period.

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The contractor shall document the amount and proposed effective date of any general change in the price of materials.

Documentation shall be supplied with the contractor’s request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to the Commonwealth of Virginia; and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers.

The purchasing office will notify the using agencies and contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing office.

33. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention.

Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

34. PRODUCT INFORMATION: The bidder/offeror shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid/proposal to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid/proposal to be considered nonresponsive.

35. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

36. REFERENCES: Bidders shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE

1.

2.

3.

37. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency.

In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

38. USE OF RECYCLED MATERIALS: Notwithstanding the prohibition against used, damaged or obsolete items, vendors are encouraged to use secondary or recycled materials in the manufacture of products to the maximum extent practicable without jeopardizing the performance or intended end use of the product unless such use is precluded due to health and welfare or safety requirements or product specifications contained herein. Please provide the following information in this regard:

1. Do any of the goods offered contain recycled materials? Yes No.

2. If so, please qualify the recycled material content. .

39. WARRANTY: All materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of following date of delivery. Should any defect be noted by the owner, the Purchasing Office will notify the contractor of such defect or non-conformance. Notification will state either (1) that the contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the contractor is required to correct or replace, it shall be at no cost to the Commonwealth and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price.

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All warranties should be made in the Owners Name.

40. WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid/proposal.

41. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense.

42. WORK ESTIMATES (TIME AND MATERIAL CONTRACTS): Under this time and material contract, the contractor shall furnish the agency with a non-binding written estimate of the total costs to complete the work required. The estimate must include the labor category(ies), the contractor’s hourly rates specified in the contract, and the total material cost.

Material costs shall be billed at contractor’s actual invoice costs (contractor shall furnish copies of all invoices for materials) or discount off the list price, whichever is specified in the contract. If the agency determines that the estimated price is not fair and reasonable, the agency has the right to ask the contractor to reevaluate the estimate. If the revised estimate is determined to be not fair and reasonable, the agency reserves the right to obtain additional quotes from other vendors. A work order will be issued to the contractor, as the authority to proceed with the work, which will incorporate the contractor’s estimate and the terms and conditions of the contract. The contractor and his/her personnel shall log in with the designated contract administrator each day before and after work to confirm labor hours.

43. PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Contact Officer. The Agency may, at its discretion, require the contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the contractor.

44. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2- 4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles

13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

45. E-VERIFY PROGRAM: EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

PROPOSAL REQUIREMENTS AND CONDITIONS

B-1

PROPOSAL FOR

BATHROOM REFURBISHMENT PROJECT

NEWPORT NEWS/WILLIAMSBURG AIRPORT

TO: PENINSULA AIRPORT COMMISSION CONTRACTOR:

900 BLAND BLVD, SUITE G DATE:

NEWPORT NEWS, VA 23602

In compliance with the Advertisement (Notice to Bidders), the undersigned hereby proposes to furnish the materials and perform the work for completion of all items, listed below in strict accordance with the Advertisement (Notice to Bidders), Plans, and General Provisions, Special Provisions of the Specifications, and all contract documents for the consideration of the price quoted in the following items and agrees, upon receipt of written notice of the acceptance of this Proposal, that within ninety (90) days after the date of the opening of the Proposals, that it will execute a contract in accordance with the Proposal as accepted, and give the required performance and Payment Bond with good and sufficient surety or sureties, within ten (10) days after receipt of notice of formal award of contract and presentation of the prescribed forms.

Bidder shall complete all line items and total amount of Bid. Failure to submit prices and amount for each item shall be cause for rejection of Bid.

Estimate of Quantities and Schedule of Prices:

Total Bid in words (Type only)

TOTAL BID (quantity in numbers)

Contract Time: 90 Calendar Days (Total Project)

Liquidated Damages: $ 500 per calendar day fbend clearly written

B-2

IMPORTANT NOTICE

The Contractor's attention is directed to the requirements of Appendix "D", Disadvantaged

Business Enterprise Statements and Requirements, and the Equal Employment Opportunity

Requirements, (attached), which must be submitted with the Proposal.

Contract award will be made on the basis of the lowest responsive qualified bidder for the respective alternate.

The undersigned understands that the entirety of Section 20 and Appendix "D" of these specifications shall be considered a part of the Proposal, and that if we are notified by the Project

Manager that we are the low bidder(s), we shall submit the information required, hereinafter related to Equal Opportunity Requirements, within ten (10) days of such notification.

The Bidder is aware of subcontract requirements to obtain the goal of 9.4% of Disadvantaged

Business participation established for this contract; has completed and is submitting, along with the bid proposal, required information (see "Disadvantaged Business Enterprise Program") describing actions taken in order to achieve such goals; and understands that meeting or exceeding the stated goals is a condition for being awarded this contract.

Failure to submit the above information may be grounds for rejection of our proposal.

It is understood that all workmanship and materials under all items of work are guaranteed for one year from the date of final acceptance, unless otherwise specified.

Wages not less than the minimum rates of wages, as predetermined for this project by the Secretary of Labor, were used in the preparation of this Proposal.

It is understood that the quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating Proposals.

The undersigned agrees that, if awarded the contract, it will commence work not later than the date set by the Project Manager in the Notice to Proceed, and that it will complete the work within the time specified and in accordance with the Specifications.

B-3

Enclosed is security in the amount of 5% of the base bid, consisting of _____________________

(Cash, Certified Check, or Bid Bond) payable to

.The security is 5% of the greatest extended total.

Name of Bidder

BY:

(Signature)

(Name and Title of Signing Official) (Seal)

Contractor's License No.:

For Corporation, provide Name and Post Office Address for the President, Secretary, and

Treasurer.

President Secretary

Name Name

Address Address

Treasurer

Name

Address

B-4

For Partnership provide Name and Address for each Partner:

For Individual, provide Name and Post Office Address:

Name

Address

Note: Failure to complete blank spaces may be grounds for rejecting bid.

Acknowledgement of receipt of Addenda

Addenda No. Dated Received (y/n)

B-5

CERTIFICATION OF NONSEGREGATED FACILITIES

The federally-assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files.

Signature of Contractor Date

Title

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S. C. 1001.

B-6

TRADE RESTRICTION CLAUSE - CFR PART 30

(VERSION 1, 1/5/90)

The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:

a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United

States Trade Representative (USTR);

b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list;

c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.

Unless the restrictions of this clause are waived by the Secretary of Transportation, in accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation

Administration may direct, through the Sponsor, cancellation of the Contract at no cost to the

Government.

Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower-tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.

The Contractor shall provide immediate written notice to the sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the

Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

B-7

Trade restriction clause-CFR PART 30 (Version 1, 1/5/90) (continued)

This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government.

This certification concerns a matter within the jurisdiction of an agency of the United States of

America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

B-8

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

(NON-PROCUREMENT) - REVISED 5/14/2013

Certification Regarding Debarment and Suspension (Non-Procurement) – Title 2 CFR

Part 180 & Title 2 CFR Part 1200

The contract agreement that ultimately results from this solicitation is a “covered transaction” as defined by Title 2

CFR Part 180. Bidder must certify at the time they submit their proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”.

Certification Regarding Debarment and Suspension (Non-Procurement) – Title 2 CFR

Part 1200 and Title 2 CFR Part 180, Subpart C

The successful bidder by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction” must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder shall accomplish this by:

i. Checking the System for Award Management at website: http://www.sam.gov

ii. Collecting a certification statement similar to paragraph a.

iii. Inserting a clause or condition in the covered transaction with the lower tier contract

If the FAA later determines that an individual failed to tell a higher tier that they were excluded or disqualified at the time they entered the covered transaction with that person, the FAA may pursue any available remedy, including suspension and debarment.

Reference

Title 2 CFR Part 180 (Subpart C)

Title 2 CFR Part 1200

DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility

The bidder offers, by submission of this bid, that the above certifications are met.

B-9

B U Y A ME RI C AN P R EFE RE N CE

The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United

States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA

Nationwide Buy American Waivers Issued list.

A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed

Certificate of Buy American Compliance.

CERTIFICATE OF BUY AMERICAN COMPLIANCE – MANUFACTURED PRODUCT

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:

a) Only installing steel and manufactured products produced in the United States, or;

b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;

c) Installing products listed as an Excepted Article, Material or Supply in Federal

Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product.

2. To faithfully comply with providing US domestic product

3. To furnish US domestic product for any waiver request that the FAA rejects

4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA…