RFP 24009KG Carpentry- Flooring-Carpeting Installation Maintenance-Repair Services.pdf

Version: 2023.07.30.2 - RFP

REQUEST FOR PROPOSALS (RFP)

ISSUE DATE: DECEMBER 12, 2023 RFP No. 24009KG

TITLE: Carpentry. Flooring, Carpet Installation, Maintenance and Repair services

CONTRACT NUMBER________________________________

COMMODITY CODE:36076 -36030-36050-91427-91006 DUE DATE/TIME: January 11, 2024, at 11:00 AM EST

PRE-PROPOSAL CONFERENCE ON: December 21, 2024, at 10:00 AM EST

ISSUED BY:

NORFOLK PUBLIC SCHOOLS

DEPARTMENT OF PURCHASING & SUPPLY

800 E. City Hall Avenue, Room 1205 Norfolk, Virginia 23510-2723

Period of Contract: The resulting contract shall be from the date of execution through February 1, 2026, with three (3) one (1) year renewal options.

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

Note: Norfolk Public Schools does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a proposer because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

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

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

Name and Address of Firm:

_____________________________________________________ Date: _________________________________________________

_____________________________________________________ By: ___________________________________________________ (Signature In Ink)

_____________________________________________________ Name: ________________________________________________ (Please Print)

_________________________________ Zip Code: _________ Title: _________________________________________________

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

Virginia Contractor’s License No: _________________________________ CLASS: ____________________

Email: __________________________________________ Website:___________________________________________

FEI/FINT NO: ________________________________________ Phone: _____________________ Fax: _____________________ https://norfolkps.bonfirehub.com/ http://www.npsk12.com/cms/lib011/VA02208074/Centricity/Domain/753/Vendor-Manual-11-2015.pdf

Version: 2023.07.30.2 - RFP

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

A. NORFOLK PUBLIC SCHOOLS PROFILE

B. SCOPE OF WORK/SPECIFICATIONS

C. EVALUATION AND AWARD CRITERIA

D. GENERAL TERMS & CONDITIONS

E. SPECIAL TERMS & CONDITIONS

F. METHOD OF PAYMENT

G. PRICING SCHEDULE

H. ATTACHMENTS

ATT 1: State Corporation Commission Form

ATT 2: Anti-Collusion Statement

ATT 3: Debarment Statement

ATT 4: Contractor Background Certification

RFP#-24009/KG

A. NORFOLK PUBLIC SCHOOLS PROFILE

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

B. SCOPE OF WORK/SPECIFICATIONS

1. PURPOSE

The purpose of this Request for Proposal is to solicit sealed proposals from qualified sources to partner with NPS to provide Carpet and Carpentry Services. Offerors responding to this solicitation must be responsible, regularly and practically engaged in providing the goods and services requested in this RFP.

Offerors must also possess ample resources for fulfilling the requirements as detailed in this RFP. A term contract will be established after the evaluation and award process is completed by NPS.

2. SCOPE OF WORK

A. CONTRACTOR REQUIREMENTS:

1. The result of this RFP will be the selection of a contractor or contractors to provide a variety of products and services for Norfolk Public Schools (hereinafter referred to as NPS). Offerors responding to this request must be provide all material, personnel equipment, supplies, supervision.

Offerors must be responsible, regularly and practically engaged in providing the services requested in this RFP and possess ample resources for fulfilling requirements as detailed in this RFP. The awarded firm should also be able to provide status updates and be available to attend periodic meetings/briefings with NPS to review performance and discuss opportunities for improvement.

2. SCOPE/CATEGORIES OF PRODUCTS AND/OR SERVICES:

a. Flooring & Carpeting – Materials, Maintenance & Repair Services

b. Carpentry Services

c. Materials & Supplies: All provided pricing should reflect a delivered (FOB Destination) price and be at the best price tier or level available. As applicable, Pricing should be identified as a set price or discount off of list for parts and materials.

It is recognized that catalog pricing may change during the contract term, but trade discounts awarded on the bid must not decrease at any time throughout the entire contract period. If order volume and/or changes in manufacturer pricing allow for better pricing discounts, they shall be offered within a reasonable time after the opportunity is recognized. Charges for various freight/delivery options should also be provided if they apply for emergency, special, or custom orders.

If applicable, the successful Offeror(s) will be expected to maintain adequate stock to meet the routine daily requirements of NPS. Delivery of Standard items shall be within two business days and Special Order or Custom-made items shall be delivered based upon the best available method that is approved by NPS. Emergency orders (Standard, Stocked, Non-Custom only) must be available (pick-up and/or delivered) so they are at the necessary job site (Schools within the City of Norfolk) within 2 hours of order placement (Limited to normal business hours). Note: Emergencies are defined as an occurrence of a serious and urgent nature that demands immediate action, for which failure to act immediately will cause appreciable damage to physical facilities or the education mission of the school system, or pose an undue safety risk to employees, students, or the community at large. Emergency procedures may be used to purchase only what is necessary to cover the requirements of the emergency. Subsequent requirements shall be obtained using normal purchasing procedures.

d. Service & Repair: Pricing for Services should be based upon labor rates or as a Time & Materials basis for the various services to be provided. The contractor shall bill for labor at the contract labor rate for “actual hours worked”. All parts needed for repair services will be identified and billed at the discounted final price (including discounts, rebates, and future trade) afforded to the Contractor. When purchasing parts/supplies or equipment to be used for providing services to NPS, Contractors may be eligible to use any current contracts or cooperative contracts that are available to NPS. For each Time and Materials category, the various labor levels should be reflective of typical patterns found in the particular industry (i.e., A Master Electrician level should have a higher hourly wage than a Journeyman, who has a higher wage than an Apprentice). NPS will not pay for on-the-job training of Contractor’s staff unless it is specifically approved by NPS and is solely for familiarization with NPS equipment and not skill training. Understanding that a trainee will cause the time period to expand due to “training” time and trainer oversight, adjustments in the hourly charges should be made so that NPS is receiving fair billing.

The Contractor shall respond to Priority 1-Emergency calls, including nights, weekends, and Holidays, within two (2) hours after the request is made.

• A Priority 1-Emergency is defined as an occurrence of a serious and urgent nature that demands immediate action, for which failure to act immediately will cause appreciable damage to physical facilities or the education mission of the school system, or pose an undue safety risk to employees, students, or the community at large.

• The Contractor is expected to respond to non-routine calls within four (4) hours after the request is made.

• If the Contractor, due to unforeseen circumstances, is unable to meet the required response time, the NPS contact must be immediately notified so that another Contractor may be contacted. Note: Multiple failures to satisfy response time requirements may cause the Contractor to be removed from consideration or limited in amount of work offered.

• Where practical, and at their complete discretion, NPS reserves the right to waive the response time requirement on individual work orders. NPS will use reasonable judgment when coordinating work order requirements, based upon the nature of the emergency, uncontrollable elements (weather and other force majeure events), and the Contractor’s input.

Travel time shall not be included in the billing. Actual hours worked shall be defined as “from the time the employee(s) reports on the job site, until the employee(s) leaves the job site”. Time spent on employee breaks for meals, picking up parts and materials, and other similar non-work tasks, shall not be included in the invoiced hours. Unless waived by the Senior Director of School Plant Facilities or his designee, the contractor’s foreman shall check in/out with the designated representative at the beginning/end of each day’s work on the job site. Labor rates shall include the use of all tools, equipment, vehicles, and consumable supplies normally required for this type of work and all other incidental costs of doing business.

e. Estimates: The contractor will be required to submit a detailed written estimate of man-hours and materials necessary to perform the work in accordance with the contract rates and terms. The estimate shall provide a not-to-exceed amount that itemizes any necessary labor, materials, equipment, or parts. Norfolk Public Schools reserves the right to obtain services from another source if the estimate appears to be unreasonable.

f. INVOICES: Invoices shall be mailed to the following address:

School Plant Facilities/Accounts Payable Norfolk Public Schools 966 Bellmore Avenue Norfolk, VA 23504-4103

(757) 628-3385

The contractor shall invoice Norfolk Public Schools within 30 days after completion of the work or delivery and its acceptance by Norfolk Public Schools.

Invoices for services/maintenance, must show the contract number and/or purchase order number; location work covered, and Work Order number of the job being billed; Date, name and job title of employee(s), labor rate of employee(s) for each segment of work being invoiced.

Invoices may cover multiple employees and multiple days worked on the same work order.

Invoices for materials, parts, or supplies must show the Date materials purchased, Description of materials, the contract number and/or purchase order number and/or the work order number of the job being billed.

g. WORKING HOURS: Normal working hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday, except on holidays observed by Norfolk Public Schools. This may vary slightly depending on the school schedule.

As needed, any emergency work authorized by Norfolk Public Schools after normal working hours may be billed at the overtime-hourly rate. Work that has been started during normal working hours, but not completed the same day, shall not be completed after normal working hours unless authorized by Norfolk Public Schools.

Holiday rates shall apply only for work pre-authorized by Norfolk Public Schools and only for holidays observed by both Norfolk Public Schools and the contractor. Norfolk Public Schools observes the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day (If Norfolk Public Schools is closed on normal workdays due to inclement weather, some holidays may be used as makeup days). The contractor shall be paid normal rates for any holiday it does not observe for its employees or that is not observed by Norfolk Public Schools. Access to the schools will need to be coordinated with school activities.

All NPS facilities will be subject to a summer work schedule (June-August) and the normal operating days will be Monday – Thursday. The hours will expand to 7:00 AM – 5:00 PM. Work and deliveries should be adjusted to accommodate these times.

NOTE: Only complete and return the Price Sheet associated with the category (or categories) that you are submitting for consideration. Some of the Price Sheet documents contain labor categories that may not accurately depict the number, variety, and expertise levels of the various labor positions. It is recommended to make the necessary changes, additions, and/or deletions that meet your business model. Accordingly, it is acceptable to modify and/or add additional pages so that a more accurate picture is provided. Comments / Notes explaining the changes should be provided so that the Evaluation Team is able to accurately review your proposal.

Flooring & Carpeting – Materials, Maintenance & Repair Services Description of Service: Commercial / Industrial flooring and carpeting, inclusive of, but not limited to, carpet, carpet tile, padding, vinyl, wood, tile, terrazzo, laminates, and other types of flooring related coverings and services. The purpose of this solicitation is to establish a term contract for furnishing and installing carpet and other floor coverings on an as needed basis. NPS reserves the right to select offerors for one or more of these service types depending on the specified product’s availability and Offeror’s level of expertise in each area.

The contractor shall be responsible for the installation of the carpet in accordance with the Virginia Uniform Statewide Building Code, the manufacturer's instructions and these specifications.

1. The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that may be utilized, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor shall be fully responsible for the acts and omissions of his subcontractors and of the persons employed by them as he is for the acts and omissions of his own employees. The contractor, while on the job site shall have at least one employee who is certified by the carpet manufacturer of the delivered carpet as qualified to install the specified carpet.

2. Any damage to existing fixtures, utilities or finished surfaces resulting from the performance of this contract shall be repaired to the Owner's satisfaction at the Contractor's sole expense.

3. A minimum of seventy-two (72) hour advance notice shall be given to NPS representatives to allow for preparation of the work site and/or removal and relocation of furniture by NPS personnel. If adequate notice is not given, the contractor shall be responsible for any incurred expenses due to furniture movement.

4. Carpet ordered for direct glue down shall be installed using the manufacturer’s recommended adhesive, trowel size and application rate. Seam sealers shall be used on all seams and butt joints and applied as per the manufacturer's recommendations.

5. Carpet ordered for installation over padding shall be installed using proper pad adhesive and pad tape.

The carpet shall be seamed using the manufacturer’s recommended seaming tape and all lengths over 12 feet shall be power stretched. All lengths over 30 feet shall be stretched by a senior power stretcher.

6. Carpet ordered for double stick installations shall be installed using the carpet and pad manufacturer's recommended adhesives, trowel size and application rate. Seam sealers shall be used on all seams and butt joints and applied as per the manufacturer's recommendation.

7. Carpet shall be laid according to recommendations of manufacturer. Carpet shall be laid flat, level without humps or ripples. Joints shall be subtle and imperceptible. All seams shall be trimmed in a neat and workmanlike manner.

8. Finish strips of metal and metal/vinyl shall be of standard commercial quality and shall be installed with both edges tight against the door frame. Edge of carpet and finish strips shall be located underneath the door when closed. Finish strips shall be installed where carpet abuts hard surface flooring.

9. Carpet shall be securely attached to the floor in compliance with Americans with Disabilities Act.

10. Installed carpet shall be free of spots, dirt or soil, tears and frayed or pulled tufts.

11. Carpet shall be thoroughly vacuumed immediately after installation.

12. All debris shall be removed from the premises unless NPS authorizes otherwise.

13. Contractor shall remove doors when necessary but will not be responsible for cutoff for fitting.

14. Punch list items and/or corrections to installations shall be responded to within 10 days of notification and failure to do so may cause to terminate the contract for default.

15. For capital outlay installations, when required by the agency, the contractor may be required to work with the general contractor and/or architect.

16. Upon completion of an installation job, a manufacturer's maintenance manual and/or cleaning instructions shall be supplied to the owner without cost to the ordering Agency. Dealers and manufacturers may be required to conduct training sessions for agency personnel on the care and cleaning of their carpet.

17. At the conclusion of the work, the Contractor shall demonstrate to the authorized owner’s representative that the work is fully operational and in compliance with contract specifications and codes.

Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor's sole expense prior to final acceptance of the work.

INSTALLATION WARRANTY: Each installation shall be warranted by the installing Contractor for a minimum of five years after the date of acceptance. The installation shall warranty against defective materials, workmanship and performance. The Contractor hereby agrees to furnish, without cost to NPS, all labor, materials and transportation both ways for replacement of all materials which are found to be defective or labor to affect the adjustment/repair of the carpeting during the warranty period. Warranty repairs shall be completed within thirty (30) days after notification.

Qualifications: Per industry standards, all service personnel must be properly trained for performing assigned maintenance work. The contractor should offer Proof of industrial and / or commercial experience for at least five (5) years and references must be submitted with proposal. In lieu of five (5) years’ experience providing this service, verifiable proof of qualifications and references must be submitted.

GENERAL CARPENTRY SERVICES

Description of Service: General Carpentry services inclusive of, but not limited to, repairing/replacing building components such as ceilings, doors, floors, walls, and windows comprised of wood, metal, vinyl or other related building products. Construct and install shelving, partitions, screens, cabinets and window treatments. Install / repair door closers, locks (manual and magnetic), thresholds and other components on an as needed basis. NPS reserves the right to select offerors for one or more of these service types depending on Offeror’s level of expertise in each area.

INSTALLATION WARRANTY: Each installation shall be warranted by the installation Contractor for a minimum of ninety (90) days after the date of acceptance. The installation shall warranty against defective materials, workmanship and performance. The Contractor hereby agrees to furnish, without cost to NPS, all labor, materials and transportation for replacement of all materials which are found to be defective and to affect the adjustment/repair of the claim during the warranty period. Unless an Emergency, warranty repairs shall be completed within thirty (30) days after notification.

Qualifications: All service personnel must provide proof of industrial and / or commercial experience of at least five (5) years and references must be submitted with proposal. In lieu of five (5) years’ experience providing this service, verifiable proof of qualifications and references must be submitted. If applicable, please provide proof of Hazardous Materials / Asbestos training.

All work under the contract shall be performed by skilled workers in accordance with all applicable Federal, State, and local governing codes.

3. PROPOSAL PREPARATION

Questions and Addenda: Offerors shall carefully examine this RFP and any addenda. NPS shall not be responsible for oral clarifications and interpretations. Offerors are responsible for seeking clarifications, in writing, of any ambiguity, conflict, omission, or other errors in the RFP. All questions must be submitted in writing, via email to: kgordon971@nps.k12.va.us and copy dps@nps.k12.va.us. If the answer materially affects the RFP, the information will be incorporated into an addendum and posted on www.eva.virginia.gov. This RFP and any Addenda shall be incorporated, by reference, into any resulting contract. Offeror is responsible for checking the eVA web site or contacting the Issuing Office within 48 hours prior to the proposal closing to secure any Addenda issues as part of this RFP.

A. The deadline for submitting questions under this RFP is 4:00 PM EST, December 27, 2024. Oral comments and/or instructions do not form a part of this RFP. All questions MUST be in the form of an email to Buyer listed on the Cover Page. Proposals submitted via fax or email will not be accepted.

Documents to Submit with Proposal:

A. Cover Letter with Executive Summary

i. History and structure of firm

ii. Experience and Past Performance B. Qualifications of Firm: Experience of firm; individual staff assigned to NPS for provision of goods/services requested.

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

D. Certification that all drivers, who may be assigned to work under the awarded contract, have not been, within the preceding five years, convicted of a charge of driving under the influence of intoxicating liquors or drugs, convicted of a felony, or assigned to any alcohol safety action program or driver alcohol rehabilitation program, or within the preceding twelve (12) months, have NOT been convicted of two or more moving traffic violations or have NOT been required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles.

E. Copy of the company’s policy on Drug and Alcohol Testing.

F. Pricing: Must complete Cost Proposal and include in proposal submission.

G. Company References: List a minimum of three (3) references, preferably from a school district that includes similar services or scope of work provided. Please include Name, mailto:kgordon971@nps.k12.va.us mailto:dps@nps.k12.va.us http://www.eva.virginia.gov/

Address, Phone Number and description of the services provided and the time period services were performed. Failure to provide references may be cause of rejections of the offeror’s submittal. Norfolk Public Schools reserves the right to check with all references and consider their response when making the determination for award.

CLIENT/

COMPANY

NAME

MAILING ADDRESS

CONTACT NAME

TELEPHONE

NUMBER

EMAIL

ADDRESS

(Must be included)

SERVICES PROVIDED

AND PERIOD OF

PERFORMANCE

SUBMISSION INSTRUCTIONS

ALL PROPOSALS ARE DUE: Thursday January 11, 2024 at 11:00 AM EST/Norfolk Local Time

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

a. RFP Response: In order to be considered for selection, offerors must submit an electronic response to this RFP via the Bonfire Procurement Platform through https://norfolkps.bonfirehub.com. Electronic proposals shall be submitted in accordance with the instructions indicated in Exhibit A. Offerors should submit two (2) electronic versions of the proposal with original signatures, – one (1) electronic version of the entire proposal (REQUIRED) and one (1) electronic redacted version of the entire proposal with all proprietary and trade secret material removed (OPTIONAL), if any, (both in Microsoft-compatible searchable PDF format) must be submitted to the issuing agency. Offerors shall NOT submit/mail hardcopy proposals or email/fax proposals to the Norfolk Public Schools Purchasing office.

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

https://norfolkps.bonfirehub.com/ mailto:Support@GoBonfire.com

c. All information requested should be submitted. Failure to submit all the information requested may result in the Norfolk Public Schools requiring prompt submission of missing information.

Norfolk Public Schools may reject proposals, which are substantially incomplete or lack key/required information. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

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

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

• Make sure all Addenda is acknowledged.

• Enter contact information

• Enter SCC Number

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

• Enter DUNS Number

• Sign and Date

• References must be submitted and with all requested information

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

SCC Form, Anti-Collusion, Debarment, and Contractor Background Certification forms.

• Complete the Cost Proposal/Pricing Schedule and return as part of the proposal response.

• Submit the original signed and sealed copy for your Proposal Bond (where applicable).

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

• DELIVER YOUR PROPOSAL ON TIME! To be considered, proposals must be submitted on time and electronically via the Bonfire Procurement Platform. Hand delivered proposals as well as faxed or emailed proposals will not be accepted. Public opening shall take place immediately following the proposal closing. The official time will be determined by the clock as designated by NPS.

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

TENTATIVE SCHEDULE OF EVENTS

Event Date RFP Issued December 11, 2024 Question Deadline December 27, 2024, at 4:00 PM EST Due Date/Proposal Closing (proposals due electronically in Bonfire)

January 11, 2024, at 1:00 PM EST

Award Notice February 1, 2024

EVALUATION FACTORS AND AWARD:

a. An award will be made to the most qualified and responsible Offeror. The final award will be contingent upon satisfactory validation of prior experience and capabilities from furnished references. Discounts for prompt payment may be considered in making awards.

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

CONTRACT TYPE AND ADMINISTRATION:

This will be a Time and Material Contract. Invoices should be submitted to the Accounts Payable Department.

a) Administrator: Anthony Brown, or designee, will administer the contract.

b) Contract Term: The contract period will be for two (2) year(s) from date of award, with the ability to renew for three (3) additional one (1) year periods.

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

d) Contract Modification(s): After the award, any and all modifications to this contract shall be mutually agreed to by Norfolk Public Schools and the Contractor, in writing, and authorized by Norfolk Public Schools Senior Director of Purchases and Supply, the Superintendent of Norfolk Public Schools, or their designee.

e) Requirements Contract:

During the contract term and any and all renewal options, the contractor shall provide the goods/services described in the contract. The contractor understands and agrees that this is a requirements contract and that NPS shall have no obligation to the contractor if no goods/services are required. Any quantities that are included in the scope of the work reflect the current expectations of NPS. The quantities indicated are an estimate only and NPS is under no obligation to the contractor to buy any amount of the goods/services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The contractor understands and agrees that NPS may require goods/services in an amount less than or in excess of the estimated quantities and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract actually required by NPS.

f) Notices All notices, requests, demands, and elections under this contract, other than routine operational communications, shall be in writing and shall deemed to have been duly given on the date when hand-delivered, or on the date of the confirmed facsimile or email transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (6) business days after the date of mailing when mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the following individuals:

To Norfolk Public Schools: Senior Director of Purchases and Supply

To the Contractor: Account Executive as identified by the Contractor.

All notices under this contract shall be submitted, by certified mail, registered courier service, return-receipt requested, or electronic notification (facsimile or e-mail) with confirmation of receipt, to the Contract Administrator or Account Executive, respectively. Either party may from time to time change the individual(s) who will receive notices and/or its address for notification purposes by giving the other party written notices as provided above.

C. EVALUATION AND AWARD CRITERIA

Award shall be made to the responsive and responsible Offeror whose proposal is determined to be the most advantageous “Best Value” to Norfolk Public Schools taking into consideration the evaluation factors set forth in the Request for Proposal. The award of a contract shall be the sole discretion of Norfolk Public School, with an award anticipated in early-2024. The award shall be based on the evaluation of all information Norfolk Public Schools may request. Norfolk Public Schools reserves the right to accept or reject any or all proposals in whole or in part and to waive any informality in the RFP. Further, Norfolk Public Schools reserves the right to enter into a contract deemed to be in its best interest.

Evaluation of the companies responding shall be based upon the following criteria, when determining the “Best Value” proposal:

1. Technical Capabilities (Weight: 25%) - Experience, resources and qualifications of the Company and key personnel

2. Functional Requirements (Weight: 25%) – Quality of service, warrantees, Support methodology and approach

3. Past Performance (Weight: 15%) – Contracts with other schools and local companies

4. Price (Weight: 25%) – Discounts, hourly wages, etc. (See Attachment #6)

5. Other Considerations (Weight: 10%) – Company’s financial strength, proximity/number of locations, and completeness of RFP response

LEFT BLANK INTENTIONALLY

D. GENERAL TERMS & CONDITIONS

1. VENDORS MANUAL: This solicitation is subject to the provisions of the NPS Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

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

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

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

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, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

https://eva.virginia.gov/index.html

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

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

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

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

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

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

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

7. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

8. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs : Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

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

10. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

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

4. The NPS encourages contractors and subcontractors to accept electronic and credit card payments.

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

12. QUALIFICATIONS OF OFFERORS: The Commonwealth 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 (bidder/offeror) shall furnish to the Commonwealth all such information and data for this purpose as may be requested.

The NPS reserves the right to inspect the offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. NPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy NPS that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

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 the Purchasing Agency’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…