Q124920-BD, Medical-Grade Bottled Oxygen Services.pdf

REQUEST FOR QUOTES

RFQ No. Q124920-BD

Issue Date: August 20, 2026

County of York, Virginia

CENTRAL PURCHASING

120 Alexander Hamilton Blvd.

Yorktown, VA 23690

Phone: (757) 890-3680 https://www.yorkcounty.gov/571/Central-Purchasing

Title:

Medical-Grade Bottled Oxygen Services

Pre-Submittal Meeting

A Pre-Submittal Meeting is not scheduled for this solicitation

Quotes Due: September 3, 2:00pm EST

Method of Quote Submittal

Email the quote to the Contract Officer named on page one of this solicitation document, or deliver a paper copy to the Central Purchasing office.

DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to Central Purchasing will be considered.

Quote Reading: There is no public opening or reading aloud of quotes.

As soon as practical, the County posts tabulations on eVA, Virginia’s eProcurement Portal. A direct link to all York County solicitations on eVA is available on Central Purchasing’ webpage (https://www.yorkcounty.gov/571/Central-Purchasing).

Questions: Questions or comments related to this solicitation shall be directed to the Contract Officer not later than 1:00 p.m. EST on August 27, 2026. All questions shall be submitted via email. Telephone inquiries will not be accepted.

Contract Officer: Beth Dunlap, Chief of Procurement beth.dunlap@yorkcounty.gov

The County of York, Virginia (the “County”) is seeking quotes from qualified firms (the “Bidder”, “Vendor” or “Contractor”) to furnish the goods and/or services described herein.

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download. A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting “Solicitations” from the left side bar. Offerors and potential subcontractors may communicate and collaborate using the B2B Connect tab on the eVA solicitation webpage.

For purposes of this solicitation, the following definitions shall apply:

“After-Hours Emergency Delivery”. A delivery specifically requested by an authorized County representative for delivery outside the contractor’s normal business hours, including weekends and County-observed holidays.

“Bidder”: The legal entity to whom an award is made as a result of this solicitation.

“Board”: The Board of Supervisors County of York Yorktown, Virginia, or where applicable The County School Board of York County, Virginia.

“County”: County; County of York, Virginia; or any of its departments, agencies or its officials, officers, employees, agents and volunteers, including specifically, but not limited to, the York County School Board, the York-Poquoson Department of Social Services, Constitutional Officers, the York County Library, or any other governmental entity for which the County is acting as agent.

Table of Contents

REQUIREMENTS

Section A – Specifications/Scope of Work Section B – Quote Process Section C – Contract Specific Terms and Conditions Section D – General Terms and Conditions

EXHIBITS

Exhibits are provided for reference; do not complete or return them with your quote.

A Sample Contract is provided as an Exhibit.

Exhibits within the Contract shall include:

A. Bidder’s Quote B. Certification of Compliance with Immigration Laws and Regulations C. Insurance Requirements

SUBMITTAL DOCUMENTS

Form A: Quote Form (Include responses to all sections)

Form B: SWAM Information Form C: References Form D: Proprietary Information Form E: Insurance Carrier Acknowledgement

SECTION A

SPECIFICATIONS

1. PURPOSE. The purpose of this solicitation is to establish a multi-year contract with a qualified contractor to provide medical-grade bottled oxygen and related services for York County Fire and Life Safety.

2. SCOPE. The contractor shall furnish and deliver USP medical-grade oxygen and provide cylinder rental, one-for-one exchange, emergency delivery, and maintenance of contractor-owned cylinders and regulators in support of York County Fire and Life Safety's seven-station fire department. Services shall be provided at County-designated fire stations. Routine deliveries will typically be made to designated hub stations, with cylinders redistributed by County personnel as operational needs require. The County reserves the right to change designated delivery locations during the contract term. The contractor shall provide all labor, transportation, equipment, materials, tools, supplies, and supervision necessary to perform the required services.

3. GENERAL REQUIREMENTS.

3.1. All oxygen furnished under the resulting contract shall be certified USP medical-grade oxygen.

3.2. The contractor shall furnish, own, inspect, maintain, and replace all cylinders supplied under the contract.

3.3. Cylinders shall be exchanged on a one-for-one basis. Each full cylinder delivered shall replace an empty cylinder of the same size unless otherwise authorized by the County.

3.4. Medical-grade oxygen shall be furnished at a full pressure of approximately 2,200 pounds per square inch (“psi”).

3.5. The contractor shall provide both large and small cylinders meeting the specifications contained herein.

3.6. All goods and services shall comply with applicable federal, state, and local laws, regulations, codes, licensing requirements, and industry standards governing medical-grade oxygen and compressed-gas cylinders.

3.7. The contractor shall maintain sufficient inventory, personnel, vehicles, and equipment to meet the County’s routine and emergency delivery requirements throughout the contract term.

4. LARGE MEDICAL OXYGEN CYLINDERS.

Large cylinders shall meet the following specifications:

Requirement Specification

Gas USP medical-grade oxygen

Cylinder designation M

Valve connection CGA-540

Regulator Not included

Filled pressure Approximately 2,200 psi

Height Greater than 46.75 inches

Diameter Approximately 8 inches

5. SMALL MEDICAL OXYGEN CYLINDERS.

Small cylinders shall meet the following specifications:

Requirement Specification

Gas USP medical-grade oxygen

Cylinder designation D

Valve connection CGA-870

Regulator Included

Capacity Approximately 425 liters at 2,200 psi

Filled pressure Approximately 2,200 psi

Height Less than 22.5 inches

Diameter Less than 4.5 inches

6. ORDERING AND DELIVERY.

6.1. Oxygen shall be ordered by authorized County personnel on an as-needed basis.

6.2. Routine deliveries shall be completed within one business day after the contractor receives an order.

6.3. The contractor shall be capable of providing emergency deliveries after-hours during nights, weekends, and holidays.

6.4. The contractor shall coordinate delivery schedules and site access with the County’s designated representative.

6.5. Deliveries shall be made using vehicles, equipment, and handling procedures appropriate for transporting medical-grade oxygen and compressed-gas cylinders.

6.6. The contractor shall secure cylinders at the designated storage location at each delivery site and remove the corresponding empty cylinders.

6.7. The contractor shall immediately notify the County of any condition that may delay or prevent the required delivery and provide a proposed corrective action.

7. CYLINDER INVENTORY AND EXCHANGE.

7.1. The County’s current inventory consists of approximately:

94 small cylinders, including 54 allocated to responding apparatus.

23 large cylinders, including 11 allocated to responding apparatus.

7.2. The contractor shall maintain established par levels at each location. PAR levels may be adjusted by the County during the contract term based on operational needs.

7.3. Each currently identified delivery site maintains a replacement inventory of approximately:

10 small cylinders.

Three large cylinders.

7.4. Cylinders exchanged by the contractor shall be full, serviceable, properly labeled, and ready for immediate use.

7.5. The contractor shall not substitute cylinder sizes or types without prior authorization from the County.

7.6. Inventory levels and delivery locations are estimates and may increase, decrease, or change during the contract term.

8. CYLINDER AND REGULATOR MAINTENANCE

8.1. The contractor shall inspect and maintain all contractor-owned cylinders and contractor-provided regulators furnished under the contract.

8.2. Each cylinder provided to the County shall be clean, safe, serviceable, and free from defects that could impair its operation.

8.3. Maintenance and inspection shall include, at a minimum, verification that:

Outlet threads and brass fittings are in good condition and capable of forming a leak-proof seal.

Ensure the main oxygen valve does not leak when fully closed.

Required safety caps are present, properly fitted, and in good condition.

The cylinder displays a current hydrostatic testing date.

Required labels and markings are present and legible.

The cylinder is free from excessive corrosion, dents, gouges, fire damage, or other conditions that could affect its safe use.

Contractor-provided regulators are clean, functional, leak-free, and suitable for the applicable cylinder and pressure.

8.4. Cylinders shall have current hydrostatic testing and inspection certifications as required by applicable law and regulation.

8.5. Any cylinder or regulator determined to be damaged, defective, leaking, improperly labeled, out of test, or otherwise unsafe shall be removed from service and replaced promptly at no additional cost to the County when the condition is attributable to ordinary use, age, or contractor maintenance.

8.6. County equipment used on responding units regulates main cylinder pressure from approximately 2,200 psi to an operating pressure of approximately 45–55 psi. Contractor-provided cylinders and connections shall be compatible with this equipment.

9. DELIVERY LOCATIONS.

Delivery services are currently required at the following hub locations:

Location Address

Fire Station 1 118 Dare Road, Yorktown, VA 23692

Fire Station 2 4405 Big Bethel Road, Yorktown, VA 23693

Fire Station 3 114 Hubbard Lane, Williamsburg, VA 23185

Fire Station 7 5684 Mooretown Road, Williamsburg, VA 23188

The County reserves the right to add, remove, or change delivery locations during the contract term.

10. CONTRACTOR RESPONSIBILITIES.

The contractor shall:

10.1. Be regularly engaged in supplying medical-grade oxygen and servicing compressed-gas cylinders.

10.2. Maintain all permits, registrations, licenses, certifications, and insurance required to provide the goods and services.

10.3. Use properly trained and qualified personnel for filling, transporting, delivering, inspecting, and maintaining medical oxygen cylinders.

10.4. Maintain an emergency contact that is available outside normal business hours.

10.5. Provide, upon request, documentation demonstrating that the supplied oxygen is

USP medical grade and that cylinders meet applicable inspection and testing requirements.

10.6. Promptly correct any service deficiency identified by the County.

11. HISTORICAL USAGE.

The following historical annual usage is provided for informational and pricing purposes only.

Item Estimated Monthly Quantity

Estimated Annual Quantity

141-cubic-foot cylinder rental 15 180

141-cubic-foot cylinder exchanges/usage

10 120

15-cubic-foot cylinder rental 85 1,020

15-cubic-foot cylinder exchanges/usage

29 348

(End of Section A)

SECTION B

QUOTE PROCESS

1. eVA REGISTRATION

a. In order to participate in County of York solicitation opportunities, Bidders/Offerors are not required to be registered in eVA. However, because the County uses eVA to post awards, eVA registration by the selected firm(s) may become necessary. Award of a County of York contract as a result of this solicitation will not result in the assessment of a fee from eVA.

b. eVA registration provides access to many free services and tools including automated placement on bidders lists and email/fax notifications for business opportunities with Virginia State Agencies, Colleges and Universities, as well as many Local Governments.

c. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to Central Purchasing will be considered.

2. QUOTE PREPARATION AND SUBMISSION REQUIREMENTS

a. Quotes will be received by the office of Central Purchasing, County of York, Virginia, through the due date and hour shown on the first page of this solicitation (local prevailing time). Email the quote to the Contract Officer named on page one of this solicitation document, or deliver a paper copy to the Central Purchasing office. There is NO public opening for this solicitation.

1. Include the following information on the Subject Line of the e-mail (or outside of the envelope of a paper copy delivered to the Central Purchasing office).

Quote Number, Due Date, Title of Quote

2. Unless changed by an addendum issued by Central Purchasing, the date and time specified for submittal shall be as specified on page one of this RFQ, regardless of whether or not the office is open. (emailed responses are preferred). If no timely bids are received by the specified date/time, the county’s Purchasing Agent may, at its sole discretion, consider a late submittal.

b. Quotes will not be accepted if submitted by any other method than as specified in “a” above.

c. All quotes shall be submitted on and in accordance with this form. Failure to return required documents and information specified herein may result in a determination that the quote is non-responsive. All costs associated with preparing a quote are the Bidder’s responsibility.

d. The solicitation document as posted by Central Purchasing shall be considered the official copy. In the case of any inconsistency between quote documents submitted to the County, but not clearly listed on the exception page of the document as an exception by the Bidder, the language of the

NOTE: Direct contact with anyone other than the County of York, Virginia Central Purchasing, including other County departments or the County’s consultants, regarding this Request For Quotes (RFQ) is expressly forbidden except with the permission of the Contract Officer. Violation of this directive may result in a determination that the Offeror is ineligible for award.

official copy shall prevail. Furthermore, any exception or changes to the specifications made by the Bidder may be cause to disqualify the quote from award consideration.

e. If this solicitation requests information in an electronic format, all electronic files uploaded must be in a common format accessible by software programs the County uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Offerors will not secure, password protect or lock uploaded files; the County must be able to open and view the contents of the file. Offerors will not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

f. Quotes received in Central Purchasing after the due date and time may not be accepted or considered. It will be the responsibility of the Bidder to see that his quote is in Central Purchasing by the specified time and date. There will be no exceptions. Failure to return required documents and information specified herein may result in a determination that the quote is non-responsive.

g. The County’s receipt of a quote document is not to be construed as a determination that the quote document is responsive, nor shall receipt of a quote document be construed as an award or an order to provide goods or services.

h. All quotes must be signed by an officer or employee having the authority to sign on behalf of the firm.

i. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County.

j. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the quote.

k. Prices shall be entered on and in accordance with the quote form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern and the correct amount will be calculated by the County. In case of an error in the total cost, the individual line items shall govern and the summation will be calculated by the County. When included on the quote form, failure to provide unit pricing may result in a determination of non-responsiveness.

l. The Terms and Conditions in this Request For Quotes shall supersede any terms and conditions of the Bidder’s quote. Notwithstanding the preceding sentence, all provisions of the contract regarding insurance, indemnification and duty to defend shall be interpreted to Virginia Law to be consistent with Virginia Code §11-4.4. Any additional conditions a Bidder intends to be considered must be submitted as part of the quote and be indicated on the Exceptions section of the Quote Form. Such exceptions may result in the quote being determined non-responsive.

m. The Specifications, Scope of Work, Item Descriptions, etc. shall supersede any additional writings submitted by the Bidder. Such writings shall be clearly marked and noted by the Bidder on the exception page.

n. Unless otherwise stipulated as “No Substitute” in this solicitation, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired.

However, if submitting a bid on goods and/or services other than as specified, the Bidder shall so note on the Exceptions section of the Bid Form and include with the submitted bid documentation supporting equivalency to that which is specified by the Owner in the solicitation. The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner’s decisions shall be final.

Any article that the Owner in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

Unless the Contractor’s bid notes that the goods and/or services would be other than as specified by the Owner, then the exact goods and/or services specified in the Solicitation shall be provided.

Although not required, the Owner recommends that requests for approval of alternate products be submitted in writing to the Contract Officer a minimum of seven (7) calendar days prior to the due date and time of the solicitation. The request should include documentation supporting equivalency to that which is specified by the Owner in the solicitation. If the Owner in its sole discretion determines the proposed alternates to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, then an addendum to the solicitation will be issued to notify all potential bidders that the alternate will be accepted.

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

p. Bidders may request withdrawal of their quotes from consideration due to error by giving notice not later than two business days after quotes are due. Work papers showing evidence of error(s) may be required. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose.

q. By submitting a quote, the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Bidder from award of a contract.

r. Quote submittals (including all documents, schedules, reports, plans and other attachments) shall become the property of the County of York, VA and/or any agency of the County, and/or any political subdivision for whom the County of York, VA issues this solicitation, and documents will not be returned to the Bidder.

3. ADDENDA: Changes or supplemental instructions to this Request for Quote will be in the form of written Addenda. All Addenda will be posted online with this solicitation. It is the Bidder’s responsibility to check for Addenda prior to the quote due date and time to ensure that all addenda are received.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

All Bidders shall acknowledge receipt of Addenda with the Quote. Acknowledgement of all Addenda shall be in the space provided on the Quote Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the Quote may be determined non-responsive.

4. EVALUATION OF QUOTES: In evaluating Quotes, the County shall consider the qualifications and experience of the Bidders, whether or not the quotes comply with the prescribed requirements, unit and lump sum prices, and additive/alternate quote items if requested in the Quote Form.

The County may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, and other persons and organizations to do the

Work in accordance with the Quote Documents to the County’s satisfaction within the prescribed time.

5. AWARD AND EXECUTION OF CONTRACT: Award shall be made to the lowest responsive and responsible bidder. The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of pervious contract, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exception noted will be taken into consideration in making an award.

When the terms and conditions of multiple contracts are so provided for in the RFQ, awards may be made to more than one bidder. If in the event only one quote is received and the Purchasing Agent in consultation with the using agency makes a determination that it would not be in the best interest of the County to re-solicit the procurement, such determination shall be in writing and shall be provided to the approving authority when approval by other than the Purchasing Agent is required. In case of a tie, preference shall be given to goods, services, and construction produced in Virginia or provided by Virginia persons, firms, or corporations (with bidders situated within the County of York given first preference) if such a choice is available; otherwise the tie shall be decided by lot. Where all bidders are Virginia persons, firms, or corporations (or alternatively, if all bidders are non-Virginia persons, firms, or corporations), the tie shall also be decided by lot.

See York County Code 2.1. Unless canceled or rejected, a responsive response from the lowest responsible bidder shall be accepted as submitted; except if the quote from the lowest responsible bidder exceeds available funds, the Purchasing Agent may negotiate with the apparent low bidder to obtain a contract price within available funds.

If the RFQ was posted to eVA, then a notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar. If the RFQ was not initially posted on eVA, then there may not be a public posting of award.

A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) calendar days after the award or the announcement of the decision to award. No protest shall lie for the claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought.

The County reserves the right to reject any and all quotes, including if the County determines any of the quoted prices are significantly unbalanced to the potential detriment of the County, and to waive any informality, if it is determined to be in the best interest of the County.

6. DEBRIEFING: Quote and proposal records shall be open to public inspection only after award of the contract. Any bidder or offeror may be allowed to inspect the procurement records after quote opening or after the evaluation and negotiation of proposals are completed, and prior to award unless the County decides not to accept any quotes or not to accept any of the proposals and reopen the contract.

Inspection of the records shall be made available in the office of Central Purchasing for public review. Interested parties may request a review time during normal business hours, 8:15 a.m. – 5:00 p.m., Monday -Friday. Until available to the public, no copy, photograph, or any other facsimile of a procurement record shall be allowed.

When the original solicitation was posted to eVA, a notice of decision to award or award will be posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to York County solicitations on eVA is available on Central Purchasing’s webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

7. RIGHT TO CANCEL: The County reserves the right to cancel this solicitation in its entirety at any time, to reject any and all proposals, and to refrain from making an award if it is determined to be in the best interest of the County. In the event of such cancellation, rejection, or decision not to award, Offerors shall have no claim or entitlement to any costs, reimbursements, or compensation of any kind arising from or related to this solicitation. Submission of a proposal confers no right to an award or to any expectation thereof.

(End of Section B)

SECTION C

CONTRACT SPECIFIC TERMS AND CONDITIONS

1. QUESTIONS: Questions regarding this Request for Quotes (RFQ) must be received prior to the date and time posted on the cover page.

2. CONTRACTOR QUALIFICATIONS: Contractor shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

3. METHOD OF AWARD: The County will make a single award based on the total bid to the lowest responsive and responsible Bidder.

4. CONTRACT/AGREEMENT: Following award, a contract will be executed between the Bidder and the County. A sample contract is included in this Request For Quotes. Do not return the sample contract with the bid; it is provided for informational purposes only.

5. CONTRACT MODIFICATIONS: Any modifications made to the Contract must be approved by the Central Purchasing office in advance.

6. CHANGES IN THE WORK: Any changes in the work including substitutions of materials or changes in the scope of work or quality of workmanship required by these specifications which may be found necessary or desirable as the work progresses, shall be in writing with the price change given, and shall be approved by the County before any work is started. No change in the scope of work or quality of materials will be accepted unless authorized by a change order approved and signed by the County and the Contractor. Said change order shall be processed through County Central Purchasing. Any extra work done without such written authority shall be considered unauthorized work done at the expense of the Contractor.

7. CONTRACT PERIOD/ RENEWAL: The initial contract period will be for one year from date of award and continue for one year with the option to renew, at the County’s sole discretion, for four

(4) additional one (1) year periods. If a determination is made by the Purchasing Agent that circumstances warrant, a contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one-year renewal period upon mutual agreement of the County and Contractor.

8. PRICE ADJUSTMENT: Prices shall remain firm for the initial contract period. Should the County exercise the option to renew the contract for additional one-year periods, the Contractor may request a price increase prior to the end of the then current period. The price increase for each renewal period shall not exceed the twelve-month percentage change of the Producer Price Index (PPI) Series:

CUUR0000SEMG, series title Medical Equipment and Supplies, not seasonally adjusted as published by the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

The new contract price(s) shall be calculated by applying the published index percentage change to the then current unit price(s). The newly adjusted price(s) will become effective upon a mutually acceptable date, but not prior to the date of the renewal period, and will apply to goods or services requested on or after the effective date of the new price. The Contractor shall submit a written request for a price increase (email, facsimile, or US Mail) to the Office of Purchasing. When applicable, evidence/proof of price change from the manufacturer or other relevant source shall accompany the price increase request. Price increases will not be automatic and are subject to approval by the County.

If a price decrease is provided by the supplier, distributer or manufacturer, such price decrease shall be immediately passed on to the County.

Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.

9. DELIVERY OF GOODS/SERVICES: The time of proposed delivery must be stated in definite terms. The contractor shall provide a delivery ticket for each delivery. At a minimum, the ticket shall identify:

Delivery location;

Delivery date and time;

Purchase order or other County authorization number, when applicable;

Quantity and size of full cylinders delivered;

Quantity and size of empty cylinders collected;

Name or identification of the contractor’s delivery representative;

Name or acknowledgment of the County employee receiving the delivery, when available;

DELIVERY, TRANSPORTATION AND PACKAGING: Except when otherwise specified herein, all items shall be F.O.B. Destination to any point within the County of York, Virginia, or as may otherwise be specified herein. Freight shall be prepaid by the Contractor, and included in the bid price. By submitting a bid, the Bidder/Offeror certifies and warrants that the price offered for F.O.B.

Destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers should be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

10. METHOD OF ORDERING: The County will issue a Blanket Purchase Order; the Contractor shall provide goods or services on an as requested basis from the user department.

The County operates on a fiscal year basis from July 1 through June 30 of each year. Should Blanket Purchase Orders be issued, they are valid through the end of the current fiscal year. New purchase order(s) are issued at the beginning of each fiscal year to cover the remainder of the then current contract period.

11. QUANTITIES: The quantities stated are estimated annual quantities and are provided as a general guide for submitting bids and are not guaranteed.

12. INVOICING: The contractor shall submit a separate invoice for each fire station or delivery location.

The invoice shall include the following:

Delivery location.

Service or delivery date.

Cylinder size and quantity.

Oxygen charges.

Cylinder rental charges.

Delivery or emergency service charges, if authorized under the contract.

Maintenance or replacement charges, if applicable and authorized.

Contract and purchase order numbers.

Failure to include this information will delay payment. Invoices shall be sent to the address specified in the County issued Purchase Order or Contract.

13. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase Order Number, Line-Item Number(s), Description of Goods and Services, Unit Prices, Total Price) and delivery of goods or completion of services according to specifications and subject to inspections.

14. PAYMENT TERMS:

a. Payment terms shall be “Net 30 Days" unless otherwise stated in the Bidder’s bid or if otherwise negotiated. Alternate terms may be included in the bid for prompt payment of bills.

b. The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the Contractor for correction.

c. Late payment charges shall not exceed 1% per month of the invoice amount due.

d. If offered by the Bidder, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

e. Invoices for goods or services ordered, delivered and accepted shall be submitted directly to the “Invoice To” address shown on the purchase order or Contract. All invoices shall show the Purchase Order or Contract number. Any payment terms requiring payment in less than thirty

(30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. However, this shall not affect bid terms or discounts for payment in less than thirty (30) days.

15. ALTERNATIVES: There shall be NO SUBSTITUTE of the items specified by the Owner; the exact goods and/or services specified in the solicitation shall be provided.

16. EQUIPMENT: Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

17. WARRANTY: The Bidder agrees that the parts, supplies, materials and services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Bidder gives any customer for such parts, supplies and services and that the rights and remedies provided therein are in addition to and do not limit those available to the County by any other clause of this solicitation, the Contract or applicable state or federal law.

18. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the County of York, Virginia, and its officials, officers, employees, agents and volunteers from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workers’ compensation laws. Following award of the contract, the Vendor / Consultant shall furnish proof of said insurance prior to commencement of services. See “Exhibit C” for requirements.

As acknowledgement of understanding the insurance requirements, submitted bids should include the insurance carrier’s sign off on Form “E”. If Bidder is selected for contract award, Vendor/Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder and hold the original Vendor/Contractor liable for excess costs.

19. MISCLASSIFICATION OF WORKERS PROHIBITED: The Contractor and its subcontractors shall appropriately classify all workers as employees or independent contractors, pursuant to law, and guarantee and hold harmless the County from any liability arising from Contractor’s failure to do so.

(End of Section C)

SECTION D

GENERAL TERMS AND CONDITIONS

1. ETHICS IN PUBLIC CONTRACTING: All provisions contained in County of York, Virginia (“County”) Code Chapter 2.1 shall be applicable to all contracts solicited or entered into by the County.

By submitting its bid, the Bidder certifies that its bid is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with its bid, and that it has 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.

The Bidder certifies that to the best of his knowledge, no employee of the County, nor any member thereof, nor any public agency or official impacted by the solicitation or resulting contract has any pecuniary interest in the business of the Bidder, and that no person associated with the Bidder has any interest that would conflict in any manner with the performance of the Contract resulting from this solicitation.

2. PROHIBITED CONTACTS: Direct contact with anyone other than the County of York, Virginia

Central Purchasing, including any departments of or consultants to the County, regarding this Request For Quotes is expressly forbidden except with the permission of the Contract Officer.

Violation of this directive may result in a determination that the Bidder is ineligible for award.

3. SMALL, WOMEN-OWNED MINORITY AND SERVICE DISABLED VETERAN-OWNED

BUSINESS ENHANCEMENT: Economic value may be achieved through the enhancement of small businesses (SBE), women-owned businesses (WBE), minority businesses (MBE), and service disabled veteran-owned small business (SDV), collectively known as SWAM. Contractors and potential subcontractors are encouraged to communicate and collaborate using the B2B Connect tab on the solicitation webpage on eVA.

4. FAITH BASED ORGANIZATIONS: In accordance with Section 2.2-4343.1 of the Code of Virginia,

et. seq., the County does not (i) discriminate against a faith-based organization as defined in the Code of Virginia Section 2.2-4343.1 (B) on the basis of the organization’s religious character or (ii) impose condition that (a) restrict the religious character of the faith-based organization, except as provided in subsection F of Section 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.

5. MANDATORY USE OF COUNTY’S FORM: All responses to an Request For Quotes (RFQ) must be submitted on and in accordance with the Bid Form. If more space is required to furnish a description of the commodities and/or services offered or delivery terms, the Bidder may attach a letter hereto which will be made a part of the bid. All bids must be submitted as specified in Section B.

6. QUOTE SUBMITTAL CONSTITUTES AN OFFER: The submittal of a quote by a Bidder is an offer to sell. Each quote is received with the understanding that the acceptance in writing by the County of the Bidder to furnish any or all of the goods and/or services described therein, shall constitute a contract between the Bidder and the County, which shall bind the Bidder on his part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted quote; and the County on its part to order from such Bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered.

The County’s written acceptance on behalf of the County may take the form of a Purchase Order and/or a written Agreement/Contract.

7. COOPERATIVE PURCHASE: If authorized by the Offeror, the Contract resulting from this Request for Proposals may be extended to other public bodies, public agencies or institutions within the United States to purchase at contract prices and terms. Any public entity that uses the Contract shall place its own order(s) directly with the Firm(s). The County of York, Virginia is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s).

Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal.

8. AUTHORIZATION TO TRANSACT BUSINESS:

Commonwealth of Virginia

All Offerors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any 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, as amended, or as otherwise required by law shall include in the Proposal a statement describing why the Offeror is not required to be so authorized.

Any business entity 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, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

Department of Professional and Occupational Regulation (DPOR)

Contracts for services falling under the jurisdiction of Department of Professional and Occupational Regulation (DPOR) require that the Contractor hold a business license issued by the Virginia Board for Contractors. The Contractor shall not allow its license to lapse, be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to maintain its license in good standing. Reference DPOR professions at:

https://www.dpor.virginia.gov/sites/default/files/Records%20and%20Documents/reg_pop.pdf

County of York, Virginia

Businesses with whom the County does business shall comply with County of York, Virginia Business License requirements. Contact the Commissioner of the Revenue’s office for requirements (757-890- 3383).

9. ENTIRE AGREEMENT: The contract resulting from this Request For Quotes and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto and approved by the Central Purchasing office in advance.

10. HEADINGS: The headings used in this solicitation and any resulting contract are for convenience only and are not to be construed to have legal significance.

11. SEVERABILITY: If any provision of the Contract resulting from this Request For Quotes or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this Contract shall be valid and enforced to the full extent permitted by law.

12. NOTICES AND COMMUNICATIONS: Notices and communications related to the Contract resulting from this Request For Quotes shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by electronic means (e.g., email, facsimile). All notices related to contract award, modifications, renewals, and terminations will be handled through Central Purchasing. Central Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, Contract renewals and Contract amendments.

By signing the form included in this solicitation and set out in section 9 of the Quote Form (Form A) with an original signature, and returning the signed solicitation document with your response in accordance with this solicitation’s submittal requirements, you agree that original signatures transmitted and received via facsimile, email or other electronic transmission of a scanned document (e.g., PDF or similar format) are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic transmission shall constitute the final agreement of the parties and conclusive proof of such agreement. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The County shall determine legibility and acceptability for public record purposes. An Agreement or other communications resultant from this solicitation may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument.

13. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Bidder/Offeror certifies that he/she does not and shall not during the performance of the Contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

A notarized signature on Exhibit B included in this solicitation is not required to be submitted with your quote/proposal, but shall be required of the Contractor selected for Contract award. However, failure to sign and include the “Certification of Compliance with Immigration Laws and Regulations” section of the Quote/Proposal Form may result in the quote/offer being considered non-responsive.

14. DRUG FREE WORKPLACE: If awarded a contract as a result of this solicitation, the Bidder/Offer agrees that, during the performance of the contract, the it will (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 prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontracted vendor.

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 a 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.

15. NON-DISCRIMINATION: If awarded a contract as a result of this solicitation, the Bidder/Offer agrees that, during the performance of the contract:

a. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

c. 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 will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each…