PHS Tennis Court Project RFP_SBO-26-001 Final Version 4.27.26 (2).pdf

SBO-26-001

PHS Tennis Court Project

Poquoson City Public Schools

500 City Hall Avenue

Poquoson, Virginia 23662

(757) 868-3055

REQUEST FOR PROPOSAL

RFP #: SBO-26-001

Title: PHS Tennis Court Project

Issue Date: April 27, 2026

Due Date: May 11, 2026, no later than 2:00 p.m. local time at the School Board Office, Attention:

Andrew Roberts, 500 City Hall Avenue, Suite 219, Poquoson, Virginia 23662

Submit: One (1) Original (clearly marked as such) printed copy and one digital copy saved on a USB thumb drive, Signed Cover Page and Attachments A, B, C, D, E

Responses may also be submitted electronically via the eVA Procurement Platform at https://eva.virginia.gov . See, Section VI (A) for further instructions.

FAX OR EMAIL SUBMISSIONS ARE NOT PERMITTED

Inquiries: Questions pertaining to this project should be directed to Andrew Roberts, Assistant

Superintendent for Operations, in writing via email at andrew.roberts@poquoson.k12.va.us no later than 2:00 p.m. on May 4, 2026.

Poquoson City Public Schools (PCPS) does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1, or against any Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment.

In compliance with this Request for Proposal and subject to all the conditions thereof, the undersigned offers to furnish the goods/services requested and certifies that he/she has read, understands, and agrees to all terms, conditions and requirements of this bid and is authorized to contract on behalf of the firm named below.

My signature on this solicitation constitutes certification that I or my designated representative 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 PCPS. By my signature on this solicitation, I certify that this firm/individual is properly licensed for providing the goods/services specified.

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

PROPRIETARY INFORMATION YES ( ) NO ( )

https://eva.virginia.gov/ mailto:andrew.roberts@poquoson.k12.va.us

Offerors may identify portions of their proposal that contain trade secrets or proprietary information exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Any such information must be clearly designated and accompanied by a written justification explaining the basis for protection from public disclosure. Additional pages may be included as necessary.

Offerors must clearly indicate on the Cover Sheet all portions of the proposal claimed as proprietary, including specific page numbers and the corresponding justification for each designation. Blanket designations of the entire proposal as proprietary are not permitted and will not be honored.

If proprietary information is included, the Offeror shall submit:

• One (1) complete original printed copy

• One (1) complete original digital copy (submitted electronically via eVa)

• One (1) redacted digital copy (with all proprietary information removed) included on USB thumb drive

The redacted version must be clearly labeled on the Cover Sheet as:

“Redacted Copy of Original Proposal – RFP# SBO-26-001.”

Failure to properly identify and justify proprietary information may result in the information being disclosed in accordance with applicable law.

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

Company Name:

Street Address:

City, State, Zip:

Telephone:

Fax:

Email Address:

Check One:

☐ Individual ☐ Partnership

☐ Corporation, State in which Incorporated

Federal Tax ID:

Federal Social Security No. (Sole Proprietor):

Business Classification (check all that apply):

☐ Minority Owned ☐ Women Owned

☐ Small Business

Print Name:

Title:

Signature:

Date:

ACKNOWLEDGE RECEIPT OF ADDENDUM:

Number _____ Dated _____________ Initial _____

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

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

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

Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

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

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

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

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

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

__________________ -OR-

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

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

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

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

SUBMIT ALL PAGES OF COVER SHEET

I. COMPETITION INTENDED

It is Poquoson City Public Schools (PCPS) intent that this Request for Proposal (RFP) for the

Poquoson High School Tennis Court Project allows competition. It shall be the Offeror’s responsibility to advise the Assistant Superintendent for Operations in writing if any language, requirement, specification, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in the RFP to a single source. The Assistant Superintendent for Operations must receive such notification not later than seven (7) days prior to the date set for acceptance of proposals.

II. PURPOSE

The purpose of this Request for Proposals (RFP) is to solicit qualified vendors to provide a comprehensive, turnkey solution for the assessment, repair, and rehabilitation of existing tennis court facilities. The selected vendor shall be responsible for identifying and addressing all underlying and visible deficiencies impacting the courts, with the objective of restoring safe, durable, and high-quality playing surfaces while preventing future deterioration.

This project requires a thorough evaluation and remediation of surface cracking, including identification of root causes and implementation of long-term corrective solutions. Work shall include, but is not limited to, full reconstruction or resurfacing of the court system as necessary, installation of appropriate crack repair systems, and application of new court coatings and striping in accordance with recognized tennis standards.

Additionally, the vendor shall investigate and correct all drainage-related deficiencies contributing to surface failure. This includes addressing subsurface moisture conditions, implementing effective drainage solutions to eliminate trapped water beneath the courts, and evaluating and modifying site grading as needed to ensure proper runoff and long-term water management.

The scope of work shall also include the repair or replacement of perimeter fencing surrounding the tennis courts to ensure safety, security, and functionality; resetting, repair, or replacement of tennis nets and associated hardware; restoration and repair of any disturbed or deficient landscaping associated with the project; and completion of any additional work necessary to return the tennis courts to safe, fully playable, and professionally maintained conditions.

Through this sealed RFP, Poquoson City Public Schools is seeking to identify vendors who can most fully meet the needs of the Division as specified in this document.

III. BACKGROUND

Poquoson City Public Schools (PCPS), located on the Virginia Peninsula within the Hampton

Roads metropolitan area, serves approximately 2,100 students across four facilities: a primary school (grades K–2), an elementary school (grades 3–5), a middle school (grades 6–8), and a high school (grades 9–12). Poquoson High School is located at 51 Odd Road, Poquoson, Virginia.

The Poquoson High School tennis complex consists of four courts that are currently exhibiting significant surface distress and accelerated deterioration. The pavement system has undergone multiple rehabilitation cycles over several decades, consisting primarily of asphalt overlay installations with periodic surface coating applications between resurfacing efforts. These successive overlays have resulted in multiple pavement layers over time.

Observed conditions include widespread surface cracking, including reflective cracking visible through the coating system, as well as areas of coating failure. The extent and severity of cracking are present across all courts.

The courts include surface drainage inlets integrated into the playing surface. These inlets are visible and appear to allow water to enter below the surface; however, a connected subsurface drainage system conveying water away from the courts has not been confirmed. Moisture will be an issue under the tennis court surface due to these inlets and other factors.

The condition of the courts has declined at an accelerated rate over the past two years, as evidenced by increased cracking, surface degradation, and coating deterioration.

IV. SPECIFIC REQUIREMENTS

The successful proposer shall provide a complete, turnkey solution for the assessment, repair, and rehabilitation of the existing tennis court facilities. Work shall commence as soon as possible following contract award and execution, with substantial completion of all project requirements no later than August

21, 2026. By this date, all construction activities must be finalized, and all project-related equipment, materials, and debris must be fully removed from the site.

All project coordination, communication, and reporting shall be directed to the Assistant Superintendent for Operations, PCPS, Andrew Roberts. The selected vendor shall maintain consistent and clear communication throughout the duration of the project, including progress updates, scheduling, and any issues impacting scope, timeline, or budget.

The vendor shall be responsible for conducting a comprehensive evaluation of the tennis courts to identify all visible and underlying deficiencies affecting performance and longevity. This includes, but is not limited to, structural issues, surface deterioration, and environmental or site-related factors contributing to failure.

The scope of work shall include:

• Surface Assessment and Rehabilitation:

Identification and remediation of all surface cracking, including determination of root causes and implementation of long-term corrective measures. Work may include full reconstruction or resurfacing of the court system as necessary to restore structural integrity and performance.

• Crack Repair Systems:

Installation of industry-recognized crack repair systems designed to prevent reflective cracking and ensure long-term durability.

• Court Surfacing and Striping:

Application of new court coatings and striping in accordance with recognized tennis standards, ensuring high-quality, safe, and professional playing surfaces.

• Drainage Evaluation and Correction:

Investigation and correction of all drainage-related deficiencies contributing to court deterioration. This includes addressing subsurface moisture conditions, implementing appropriate drainage solutions to eliminate trapped water, and evaluating and modifying site grading to ensure proper runoff and long-term water management.

• Fencing and Court Accessories:

Repair or replacement of perimeter fencing to ensure safety, security, and functionality.

Resetting, repair, or replacement of tennis nets and associated hardware shall also be included.

• Site Restoration:

Restoration and repair of any landscaping or site elements disturbed during construction, ensuring the site is returned to a clean, safe, and visually acceptable condition.

• Permits, Licenses, and Regulatory Compliance:

The contractor shall be solely responsible for obtaining and maintaining all required permits, licenses, inspections, and approvals necessary to complete the project. This includes full compliance with all applicable local, state, and federal laws, codes, ordinances, and regulations.

• Safety and School Operations Coordination:

Due to the project being located on active school property, the contractor shall prioritize the highest level of safety at all times. The contractor shall be responsible for securing the work area, including appropriate barriers, signage, and access controls to protect students, staff, and visitors.

All work activities shall be planned and executed to avoid disruption to campus operations. In the event that any conflict with school operations arises or is anticipated, the contractor must immediately notify the Assistant Superintendent for Operations and coordinate appropriate mitigation measures.

• Project Completion Standards:

The vendor shall complete all additional work necessary to deliver fully functional, safe, and professionally maintained tennis courts ready for use, with an emphasis on durability and prevention of future deterioration.

All work shall comply with applicable industry standards, best practices, and local regulations. The contractor shall be solely responsible for delivering a complete and operational final product that meets the intent of this RFP.

V. PROPOSAL SUBMISSION

Proposals shall contain the following in the order listed:

1. Complete and sign the RFP cover sheet and addenda acknowledgements, if any.

2. Brief professional profile or company profile.

3. Name of the key contact person, including email and telephone number.

4. Description of the vendor’s interest, past experience with providing similar items, and contact information for five (5) references within the past 2 years, to include company/entity name and address, contact name, email address and telephone number. At least one of these references must be from a K-12 Virginia school district.

5. Provide a detailed and comprehensive explanation of the services that will be provided based upon the specific requirements listed in this RFP.

6. Complete Attachments A, B, C, D, E.

7. Include other relevant information the Offeror deems necessary that is pertinent to this RFP, but not required by it.

VI. INSTRUCTIONS FOR PROPOSAL PREPARATION

A. General Requirements

1. Submit one (1) clearly marked original hard copy and one (1) digital copy on a USB thumb drive to the School Board Office, as specified. The Owner shall not distribute the proposal by any other means. Alternatively, proposals may be submitted electronically via the eVA

Procurement Platform at https://eva.virginia.gov. The entire proposal response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting.

To learn how to submit an online proposal in eVA please refer to the online supplier training page at: https://eva.virginia.gov/supplier-training-materials.html.

The link to the video “Viewing and Responding to Solicitations” can be found on the

Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Offeror to ensure the proposal and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Offerors should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer

Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. Proposals shall be signed by an authorized representative of the Offeror. All information requested must be submitted. Failure to submit all information requested may result in requiring prompt submission of missing information and/or giving a lower evaluation of the proposal.

3. Proposals should be prepared simply and economically in the order/format required herein providing a straightforward concise description of qualifications and capabilities to satisfy requirements of the RFP. Emphasis should be on completeness and clarity of content.

Each copy of the proposal shall be GBC Bond or in a Binder and contained in a single volume where practicable. All documents submitted with the proposal should be contained in that single volume.

4. Each proposal should be limited to no more than fifty (50) one-sided pages excluding title page, letter of transmittal, table of contents, reference lists, tabbed/bookmarked for easy reference and font size should be 12 or larger.

5. Submit proposal signed cover sheet and any attachments to the Poquoson City Public

Schools School Board Office or on eVA as set forth above, no later than 2:00 p.m. local prevailing time on May 11, 2026, responses received after this time will not be considered.

6. It is the responsibility of each firm to deliver its Proposal to the School Board Office prior to the time set for receipt, regardless of what medium is used to deliver it, whether by mail or otherwise or electronically as set forth above. No Proposal shall be considered if it arrives after the time set for receipt.

If submitting hard copies, Hand deliver or mail directly to:

Poquoson City Public Schools

Attention: Andrew Roberts, Assistant Superintendent for Operations

500 City Hall Avenue, Suite 219

Poquoson, Virginia 23662

7. PCPS will not be liable for any costs incurred in the preparation and presentation of the https://eva.virginia.gov/i-sell-to-virginia.html https://url.us.m.mimecastprotect.com/s/XSsdC82oy1ujL6YqTnfQTy9pgr?domain=eva.virginia.gov https://url.us.m.mimecastprotect.com/s/y8F5C9rpz1hm9k2qsEhVTqFt6X?domain=youtube.com mailto:eVACustomerCare@DGS.Virginia.gov proposal.

VII. EVALUATION CRITERIA

Proposals will be evaluated using a best-value approach to identify the solution that provides the greatest overall benefit to the Owner, considering quality, reliability, and cost.

Proposals will be scored based on the following criteria:

• Technical Approach / Solution Quality (35%)

Evaluation of the proposer’s understanding of existing conditions and the overall quality, appropriateness, durability, and long-term effectiveness of the proposed solution.

• Cost Proposal / Value (20%)

Evaluation of cost reasonableness, alignment with the proposed solution, and overall value relative to expected performance and lifecycle.

• Experience / Past Performance / Professional References (20%)

Evaluation of relevant project experience, successful completion of similar work, and strength of references.

• Ability to Meet Timeframe (15%)

Evaluation of the proposer’s ability to deliver the project within required timelines, including schedule realism and approach to minimizing delays.

• Risk Identification & Mitigation (10%)

Evaluation of the proposer’s ability to identify potential project risks and provide effective strategies to mitigate those risks.

Each proposal will be scored and ranked based on the criteria above. The contract will be awarded to the proposer whose proposal is determined to be the most advantageous to the

Owner, not necessarily the lowest cost.

The Owner reserves the right to request clarifications, conduct reference checks, and negotiate with the selected proposer.

After the date and time established for receipt of proposals by PCPS, any contact in regard to the proposal initiated by any Offeror with any School official, other than the Assistant Superintendent for Operations, is expressly prohibited. Any unauthorized contact may be deemed grounds for disqualification of any Offeror from further review. Questions regarding this Request for Proposal are to be directed to Andrew Roberts via email at andrew.roberts@poquoson.k12.va.us no later than 2:00 p.m. on May 4, 2026. All questions that are pertinent to the project will be answered in the form of an addendum posted to the PCPS website: https://www.poquoson.k12.va.us.

Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to PCPS if necessary. This provides an opportunity for the

Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The School Division will schedule the time and location of this presentation. Oral presentations are an option of the Division and may or may not be conducted.

Proposals will be evaluated by representatives of Poquoson City Public Schools. Selection shall be made of the offeror(s) deemed to be most fully qualified and best suited among those submitting proposals, on the basis of the Evaluation Criteria listed above. Negotiations shall be conducted with the selected offeror(s) and an award shall be made to the offeror(s) that has made the best proposal. Should PCPS determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under https://www.poquoson.k12.va.us/ consideration, a contract may be negotiated and awarded to that offeror. The successful vendor must hold all licenses and certificates of insurance as required by law.

PCPS may cancel this Request for Proposal or reject any or all proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (§ 2.2-4318, Code of Virginia).

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

Office and PCPS website: https://www.poquoson.k12.va.us.

VIII. INTERPRETATIONS AND ADDENDA

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

https://www.poquoson.k12.va.us. Offeror shall acknowledge receipt on the Proposal Cover Sheet.

IX. PRE-PROPOSAL CONFERENCE

A pre-proposal conference is scheduled for May 4, 2026 at 11:00am at Poquoson High School.

This is a mandatory conference for all of those that intend to submit a proposal.

X. AWARD

PCPS intends to award a contract to the submitter whose proposal is most advantageous to the school system. However, the right is reserved to accept or reject any or all proposals in whole or in part and to waive any informalities in the RFP, and to enter into any contract deemed to be in the best interest of PCPS.

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

Failure to do so shall not relieve the successful Offeror of his obligations to provide services, materials, and reports or other services necessary to carry out the provisions of this Request for

Proposal.

XI. COOPERATIVE PROCUREMENT

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

XII. GENERAL TERMS AND CONDITIONS

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

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

B. Anti-Discrimination: By submitting its proposal, Offeror certifies to the Owner that the

Contractor will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA), which provides:

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

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

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

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

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

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

Contractor maintains a drug-free workplace.

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

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

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

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

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

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

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

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

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

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

PCPS all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by PCPS under said contract.

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

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

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

Bidder/Offeror.

J. Invoices: The Contractor shall bill for negotiated services at the contract price. The

Contractor should invoice PCPS within 30 days after completion of the work and its acceptance by PCPS. Invoices shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. Invoices must show the contract number and/or purchase order number; location work covered, and work order number of the job being billed, date and name and job title of employee for each segment of work being invoiced.

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

Conditions.

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

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

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

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

L. Subcontractor Prompt Payment: When subcontracts are used in the performance of this

Contract, Contractor must take one of the two following actions within seven days after receipt of amounts paid to the Contractor by the School Board for work performed by the subcontractor under that contract: (a) Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under that contract, or (b) Notify the School Board and the subcontractor, in writing, of its intention to withhold all or part of the subcontractor’s payment with the reason for nonpayment. Individual contractors must provide their social security numbers and proprietorships, partnerships, and corporations must provide their federal employer identification numbers. Contractor must pay interest to the subcontractor on all amounts owed by Contractor that remain unpaid after seven days following receipt by Contractor of payment from the School Board for work performed by the subcontractor under that contract, except for amounts withheld as allowed in this section. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent per month. Contractor must include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. No contract modification, and no cost reimbursement claim, shall include any reimbursement for the interest charge.

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

N. Precedence of Terms: Paragraphs A-M of these General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply.

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

Addressed as Indicated on Page 1

RFP Number

Title

Bid/Proposal Due Date and Time

Vendor Name and Complete Mailing Address (Return Address)

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

P. Late Proposals: To be considered for selection, proposals must be received by the School

Board office by the designated date and hour, as determined by the clock in the School Board office reception area. Proposals received in the School Board office after date and hour designated are automatically non-responsive and will not be considered. PCPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private courier, or the Inter-Departmental Mail System. It is the sole responsibility of the offeror to ensure that its proposal reaches the School Board office by the designated date and hour. If the School

Board office is closed for business at the time scheduled for the receipt of proposals, the proposals will be accepted on the next business day of the School Division, at the originally scheduled hour.

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

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

Code or policy.

S. Additional Information: PCPS reserves the right to ask any offeror to submit information missing from its proposal, to clarify its proposal, and to submit additional information which

PCPS deems desirable. By submitting their offers, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions are breach of contract and can result in default action being taken by PCPS.

T. Award or Rejection of Bids/Proposals: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in this RFP, including price, if so stated in the RFP.

Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. PCPS may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be most advantageous (§ 2.2-4359(D) of the Code of Virginia). Should PCPS determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

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

Board Office and on the PCPS website https://www.poquoson.k12.va.us, ref. § 2.2-4360, Code of Virginia.

V. Protest of Award or Decision to Award: Any offeror who desires to protest the award or decision to award a contract shall submit such protest in writing to Executive Director of

Finance no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Superintendent or designee shall issue a decision in writing within ten

(10) days stating the reasons for the action taken. This decision shall be final unless the offeror appeals within ten (10) days by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.

W. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the written consent of PCPS.

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

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

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

XIII. CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. PCPS may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give PCPS a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present PCPS with all vouchers and records of expenses incurred and savings realized. PCPS shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to PCPS within thirty (30) days from the date of receipt of the written order from PCPS. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the

Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of Poquoson City Public Schools Purchasing Procedures. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by PCPS or with the performance of the contract generally.

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

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

Director of Finance shall be final and conclusive unless the Contractor, within six months of the date of the final decision on the claim, institutes legal action as provided in the Code of

Virginia, § 2.2-4364.

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

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

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

XIV. SPECIAL TERMS AND CONDITIONS

A. Advertising: In the event a…