RFP 24011HM - Large & Small Chiller Maintenance, Repair & Related Svcs v FINAL.pdf

Version: 2023.07.30.2 - RFP

REQUEST FOR PROPOSALS (RFP)

ISSUE DATE: FEBRUARY 16, 2024 RFP No. 24011HM

TITLE: HVAC - Large and Small Chiller Maintenance, Repairs and Related Services

COMMODITY CODE: 03113; 03128; 91036; 93667; DUE DATE/TIME: 03/11/2024, @ 2:00 PM

OPTIONAL PRE-PROPOSAL CONFERENCE ON: February 26, 2024 AT 9:00 AM, Location: Norview Middle School, 6325 Sewells Point Road, Norfolk Virginia 23513

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 March 31, 2026 with five (5) one (1) year renewal options.

Sealed proposals subject to 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 PROPOSAL’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: _____________________

In compliance with this Invitation 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.

https://norfolkps.bonfirehub.com/ http://www.npsk12.com/cms/lib011/VA02208074/Centricity/Domain/753/Vendor-Manual-11-2015.pdf

A. NORFOLK PUBLIC SCHOOLS PROFILE

B. SCOPE OF WORK/SPECIFICATIONS

C. EVALUATION AND AWARD CRITERIA

D. GENERAL TERMS & CONDITIONS (REQUIRED/MANDATORY)

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

ATT 5: List of Refrigeration Equipment

ATT 6: List of HVAC Equipment

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 materials and related services for various sites of Norfolk Public Schools School in accordance with the Scope of Work stated in this solicitation. 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

The specific areas being solicited are:

1. HVAC – Large Chillers (100+ tons) and related Cooling Towers: Parts, Maintenance, Repairs & related services

2. HVAC – Industrial Refrigeration: Parts, Maintenance, Repairs & related services

Work will be directed on a case-by-case work request basis at any one of the facilities under the jurisdiction of Norfolk Public Schools. School Plant Facilities will issue work requests as written or verbal directions followed by written order or purchase order as appropriate. All invoices submitted for payment must reference a specific work request or purchase order by number.

WORKING HOURS/RESPONSE TIME:

a) Typical working hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday, except on holidays observed by Norfolk Public Schools. School hours vary by location.

b) As needed, any emergency work authorized by Norfolk Public Schools after normal working hours shall 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.

c) 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 work days 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 are not observed by Norfolk Public Schools.

d) Contractor shall respond to requests for routine services within 5 working days after the request is made.

e) The contractor shall respond to emergency calls, including nights, Holidays, and weekends, within two (2) hours after receipt of the request.

f) Access to the schools will need to be coordinated with school activities.

g) All NPS facilities will be subject to a summer work schedule starting June of each year and ending in August of that year. For summer hours, the normal operating days will be Monday – Thursday.

h) The Academic Year Calendar is listed on the NPS website (https://www.npsk12.com).

WORK ESTIMATES:

Under this time and material contract, the contractor shall furnish Norfolk Public Schools with a binding written estimate of the total costs to complete the work required. The estimate must include the specific labor categories, the contractor’s hourly rates specified in the contract, and the total material cost. Material costs shall be billed at contractor’s actual invoice costs including any shipping charges paid by the contractor (the contractor shall furnish copies of all invoices for materials invoiced). NOTE:

This does not include shop supplies, truck items, rags, or other general parts/supplies that are not specific to the actual repair. The Senior Director of School Plant Facilities, or designee, must approve changes in the binding cost estimate prior to the work being done. No increases in the binding estimate will be approved after the work is completed. If Norfolk Public Schools determines that the estimated price is not fair and reasonable, Norfolk Public Schools has the right to ask the contractor to reevaluate the estimate. If the revised estimate is determined to be not fair and reasonable, Norfolk Public Schools reserves the right to obtain additional quotes from other contractors. A work order will be issued to the contractor, as the authority to proceed with the work, which will incorporate the contractor’s estimate and the terms and conditions of the contract. The contractor and his/her personnel shall log in with the designated contract administrator each day before and after work to confirm labor hours.

ITEMS SUPPLIED:

The contractor shall furnish all labor, materials, equipment, tools and supervision necessary to provide refrigeration and air conditioning maintenance, repair or installation services on an “as needed” basis.

a. Equipment up to and including those items listed below are considered overhead items covered under the labor rate bid. Specialty trade items for which additional charges are appropriate must be approved on a case-by-case basis with the person issuing the work request. Subcontracted services must likewise be approved on a case-by-case basis and will be billed at the contractor’s cost.

b. Overhead Equipment Covered Under Labor Rate

I. All light trucks, personnel, and tool transport equipment;

II. All hand tools (including power tools) associated with the air conditioning and refrigeration trade. These include tools for evacuating and properly charging systems;

III. Ladders and scaffolding to permit work up to 20 feet above grade to enable work on any air conditioning system (including distribution system) in the Norfolk Public School system (NOTE:

Contractors are not permitted to use NPS ladders, man lifts, or other equipment);

IV. Duct work and air-conditioning distribution system forming, insulating, and installation equipment.

c. Tools and Equipment (Specialty Trade Items) for which Additional Costs may be billed at cost

1. Scaffolding or lift above 20-foot height above the adjacent floor or grade for indoor work when a bucket truck cannot be used.

2. Crane Rental for moving large equipment necessary to complete the job. Rentals should be ordered at the lowest reasonable rate and for the most effective time period.

In accordance with all applicable Federal, State, and local governing codes, only skilled workers shall perform work under the contract. The contractor shall be responsible at all times for the work and actions of its employees. If during the course of work the contractor experiences a conflict with the plans/scope of work and the NEC (National Electrical Code) and/or other regulations/standards, the contractor shall notify the Senior Director of School Plant Facilities or his representative before proceeding with said work.

Asbestos Training - In order to qualify to do services and repair work for Norfolk Public Schools under this contract, at least one principal of the firm, who will be involved in all jobs assigned under this contract, must have completed training as follows:

Training which has been judged and approved by the Commonwealth of Virginia to comply with the asbestos related training as required under Title 54, Chapter 5, Section 54.1-500 of the Code of Virginia.

Such training must be maintained current (yearly update) and cover both worker and supervisor level instruction. The contractor shall furnish proof that this required employee(s) training has been completed prior to the beginning of any work under this contract and whenever any new workers begin work.

Code/Permit Responsibility – It will be the contractor’s responsibility to obtain all permit and inspections that may be required on assigned work. All work must meet all applicable national, state, and local quality and safety codes (e.g., NFPA, NEC, National Plumbing Codes, International Codes, etc.)

whether or not permits are required. All work not meeting code must be immediately reinstalled/reworked by the contractor at no cost to Norfolk Public Schools.

INSTALLATION WARRANTY: Each installation shall be warranted by the installing 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.

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 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.

NPS will evaluate all RFP responses to determine capabilities and capacity to select one or more firms to provide the materials and services for each Category. NPS reserves the right to award one or more Offerors for both categories, or to not award for any or all.

3. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL

1. 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 must submit two (2) electronic copies of the proposal with original signatures, – one (1) electronic copy of the entire proposal and one (1) electronic copy of the entire proposal with all proprietary and trade secret material redacted, if any, (both in Microsoft-compatible searchable PDF format) must be submitted to the issuing agency. Offerors shall NOT submit/mail hardcopy proposals to the Norfolk Public Schools Purchasing office. File names must identify RFP-21013HM and company name.

2. Proposals shall be signed by an authorized representative of the offeror 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 for 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. All information requested should be submitted. Failure to submit all information requested may result in Norfolk Public Schools requiring prompt submission of missing information and/or giving lowered evaluation of the proposal. Norfolk Public Schools may reject proposals, which are substantially incomplete or lack key information. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

3. Proposals should be prepared simply and economical, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

4. Proposals should be organized in the order in which the requirements are presented in subparagraph 2.b, below, titled Specific Proposal Instructions. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. The proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at the appropriate place or be attached at the end of the proposal and designated as additional material (as an Appendix).

Proposals that are not organized in this manner risk elimination from consideration or lower evaluation scores if the evaluators are unable to find where the RFP requirements are specifically addressed.

5. Ownership of all data, materials, and documentation, originated and prepared for NPS pursuant to the RFP shall belong exclusively to NPS and be subject to inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why the protection is necessary. The mailto:Support@GoBonfire.com proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The identification of an entire proposal document as proprietary or confidential is not acceptable and may result in rejection of the proposal. NOTE: If trade secrets or proprietary information are identified, one (1) redacted version of the proposal must also be provided in an electronic format.

6. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal and demonstration of their services, as applies or requested.

This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The NPS will schedule the time and location of these presentations. Oral presentations are an option of NPS and may or may not be conducted.

7. Proposals offered by telephone, telegraph, e-mail, facsimile, mail, and/or courier services will not be accepted. After the award is announced, proposals can be made available for inspection by offerors in accordance with the Code of Virginia §2.2- 4342-D.

8. 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: hmedina2@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.

1. The deadline for submitting questions under this RFP is 10:00 AM EST, March 1, 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.

9. There is to be no contact with an evaluation team member or any other party within the district regarding a solicitation, while it is active. These actions jeopardize the evaluation process and can result in having the proposal withdrawn from consideration. Any questions or clarification are to be directed to the buyer listed on the RFP, as outlined in subparagraph “Clarification of Terms” under General Terms & Conditions.

B. SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be as thorough and detailed as possible so that Norfolk Public Schools may properly evaluate your capabilities to provide the required services. (NOTE: The information below is provided to help the Offeror identify key elements that will allow them to best present the capabilities of their Company. It is not all-inclusive, nor is every line item required for each sub-category).

Offerors are required to submit the following items as a complete proposal:

1. Return the signed RFP cover sheet and exhibit/attachment forms and initial all addenda acknowledgements, if any, as required.

2. Proposal contents to include, at a minimum, the following information (IN ORDER):

a. Completed and signed RFP Cover letter (1st page of RFP documents) mailto:hmedina2@nps.k12.va.us http://www.eva.virginia.gov/

b. Table of Contents:

Include a table of contents indicating the section and page number of the information included.

c. Executive Summary to include:

A brief statement summarizing the firm’s experience, qualifications, alternatives or suggestions for meeting the needs of the district that may differ or are in addition to NPS’ statement of Needs and answers the question, “Why having a long-term contract with your firm is advantageous to Norfolk Public Schools.”

d. Technical Capabilities (Weight: 40%) - Who will be assigned to NPS and what are their capabilities?

e. Functional Requirements (Weight: 35%) - How will you accomplish the work?

f. References and Past Performance (Weight: 15%) - What has your company accomplished in the past?

g. Price (Weight: 10%) - Are you providing best available pricing?

h. Attachments:

i. Include the Completed and signed Attachments 1, 2, 3, and 4.

ii. List pricing on the provided Price List Form (See Section G. Cost Proposal/Rates). Include any standard price lists, product lists, or other documents that would be relevant to this proposal (NOTE: If items are many pages, odd sized or otherwise difficult to provide, they may be included electronically only, identified just by the name, or listed as a website link)

i. Billing Information – Identify the following billing options as part of your firm’s response:

i. Billing Terms offered:

Cash Discount for Prompt Payment: _____% _____ DAYS / NET ____

ii. Credit Card acceptance:

The Offeror � Agrees � Does Not Agree to accept payments by VISA Purchasing/credit card.

j. Additional Data:

Provide any additional information that you consider being essential to the proposal in this section.

k. Company References: List a minimum of five (5) references preferably from a school district that includes similar services or scope of work provided. Please include: Name, 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: Monday, March 11, 2024 2:00 PM 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.

c. All information requested should be submitted. Failure to submit all 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.

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

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 are 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 February 16, 2024 Question Deadline March 1, 2024 at 10:00 AM Due Date/Proposal Closing (proposals due electronically in Bonfire)

March 11, 2024 at 2:00 PM

Intent to Award Notice March 25, 2024

C. EVALUATION AND AWARD CRITERIA

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. Offerors are to make written proposals, which present the Offeror's qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals should be as thorough and detailed as possible so that NPS may properly evaluate listed capabilities to provide the required services.

Generally, the selection committee will consider the firm’s overall suitability to provide the services for the Term Contract within the time, budget and operational constraints that may be present, and the comments and/or recommendations of the firm’s previous clients, references, and others.

Evaluation of the firms responding shall be based upon the following criteria (NOTE: Some of the evaluation factors are listed below as examples for each):

• Technical Capabilities (Weight: 40 points)

• Functional Requirements (Weight: 35 points)

• Past Performance, Experience, References (Weight: 15 points)

• Cost Proposal (Weight: 10 points)

a. Acceptable methods of payment (list in your proposal):

1. NPS VISA Purchasing (credit card)

2. NPS Purchase Order with payment terms of ________________/Net 30 days.

a. Past cost performance, project scheduling performance, project oversight, and general on time completion of assigned projects.

ITEM CRITERIA POINT VALUE

1 Technical Capabilities 40

2 Functional Requirements 35

3 Past Performance, Experience, References 15

4 Cost Proposal 10

TOTAL 100

*Pricing will be evaluated objectively. Norfolk Public Schools will compute the total of 10 points for pricing with the following equation:

EVALUATION FACTORS AND AWARD:

a. Award will be made to the best qualified proposal(s). Final award will be contingent upon satisfactory validation of prior experience and capabilities from furnished references. If cash discount for prompt payment is offered, it must be clearly shown in the space provided on page

29. 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.

D. GENERAL TERMS & CONDITIONS (REQUIRED/MANDATORY)

1. VENDORS MANUAL: This solicitation is subject to the provisions of the Norfolk Public Schools Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is normally available for review at the purchasing office and is accessible on the NPS Purchases and Supply Website on the Internet at https://www.npsk12.com/cms/lib/VA02208074/Centricity/Domain/753/Vendor%20Manual%202017.pdf https://www.npsk12.com/cms/lib/VA02208074/Centricity/Domain/753/Vendor%20Manual%202017.pdf

2. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Norfolk Public School district, 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 proposals, 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.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such 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 Norfolk Public School district, 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 Norfolk Public School district 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 Norfolk Public School district 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 Norfolk Public School district under said contract.

8. MANDATORY USE OF FORM AND TERMS AND CONDITIONS FOR RFPs (Insert wording below appropriate to the solicitation type as indicated):

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 District 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 District 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 District, 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 District, 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 District.

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 Norfolk Public School district 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 District may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the District all such information and data for this purpose as may be requested.

The District reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The District further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the District 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 District 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 the District.

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 proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized.

The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty

(30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Norfolk Public School district Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

16. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the District, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the District may have.

17. TAXES: Sales to the Norfolk Public School district are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The District’s excise tax exemption registration number is 54-6001460.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

18. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the District to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed proposals only the information furnished with the proposal will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

19. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant that the price offered for FOB 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.