SCHOOL BOARD OF STAFFORD COUNTY

d/b/a STAFFORD COUNTY PUBLIC SCHOOLS

31 Stafford Avenue

Stafford, Virginia 22554

Telephone (540) 658-6000 www.staffordschools.net

RFP#: 27-SCPS-001

Title: Local Textbook Adoption for K12 Literacy

Issue Date: August 27, 2026

Procurement Officer: Wendy Cole-Morris

Email: Procurement@staffordschools.net

Solicitation Due Date and Time: Electronic Proposals will be received until 2:00 p.m. local prevailing time on October 9, 2026 for providing the services as described herein. Proposals must be received by

Stafford Schools by the due date and time specified.

Pre-Proposal Conference: No pre-proposal conference is scheduled.

Contract Term: Effective for seven (7) years from date of award with the option to renew for up to one (1) additional successive one-year period or as otherwise negotiated between the parties, for a max contract length not to exceed eight (8) years.

Inquiries: All inquiries for information should be directed to the Procurement Officer above. All questions regarding the RFP must be received in writing on or before September 16, 2026 no later than 11:00 A.M.

TERMS & CONDITIONS: This solicitation is subject to the provisions of the School Board of Stafford

County, d/b/a Stafford County Public School’s (herein referred to as “Stafford Schools”) Request for

Proposal (RFP) and any attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this RFP in their entirety. Special Terms and Conditions and Specifications attached shall also be part of your proposal. The RFP Package is available at no charge on the Commonwealth of

Virginia’s electronic procurement system, eVA, at www.eva.virginia.gov. Please be observant of all RFP instructions and specifications.

In accordance with Virginia Code § 2.2-4343.1, as amended, Stafford County Public Schools does not discriminate against faith-based organizations. Stafford Schools does not discriminate against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

http://www.staffordschools.net/ mailto:Procurement@staffordschools.net http://www.eva.virginia.gov/

RFP# 27-SCPS-001 Page 2 of 26

Table of Contents

SCHOOL BOARD OF STAFFORD COUNTY 1

d/b/a STAFFORD COUNTY PUBLIC SCHOOLS 1

1. PURPOSE 3

2. BACKGROUND 3

3. SCOPE OF WORK 3

4. SUBMISSION INSTRUCTIONS 4

5. OFFEROR’S INSTRUCTIONS 5

6. BASIS FOR AWARD 6

7. GENERAL CONDITIONS 6

8. CONTRACTUAL TERMS AND CONDITIONS 10

ATTACHMENT A – SCC REGISTRATION 18

ATTACHMENT B – PROPRIETARY INFORMATION IDENTIFICATION 19

ATTACHMENT C – PROPOSAL QUESTIONNAIRE 20

NOTE TO PROSPECTIVE OFFERORS:

● By submitting a proposal, the offeror certifies:

o I agree to abide by all conditions of this Request for Proposal (RFP) and that I am authorized to sign this proposal;

o The accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Virginia Code § 18.2-498.1, et seq.

Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia

Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia

Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and o That the accompanying proposal is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100, et seq.).

Specifically, without limitation, no Stafford County Public Schools employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract;

and that the accompanying proposal is in accordance with applicable provisions of the

Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (Virginia Code § 2.2-

4367, et seq.), and any other applicable law as set forth therein.

● Please note the meaning of the following terms as used in this RFP:

The term “offeror” as referenced in this solicitation refers to the individual or firm preparing and submitting a proposal in response to this Request for Proposal. The term “contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Stafford

County Public Schools, its officers, employees and agents (“Stafford Schools”). In addition, it also refers to a firm who, when awarded the contract, will be responsible for the good and services required, as a result of this solicitation.

RFP# 27-SCPS-001 Page 3 of 26

1. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit samples/proposals to establish contracts through competitive negotiation with qualified source(s) for the adoption of K12

Literacy textbooks for Stafford County Public Schools (herein referred to as “Stafford Schools”).

The term “textbooks” means print and electronic media for student use that serve as the curricular resource basis for a grade-level subject or course.

2. BACKGROUND

Stafford County is rapidly becoming an urban community and currently ranks as one of the fastest growing counties in Virginia and the nation. Stafford County encompasses one hundred seventy three thousand (173,000) acres, of which thirty thousand five hundred (30,500) are utilized by the federal government for the Quantico Marine Corps Reservation. The estimated population of

Stafford County is one hundred forty-six thousand six hundred forty-nine (146,649).

At present, Stafford County Public Schools has nineteen (19) elementary schools (grades K-5), eight (8) middle schools (grades 6-8), six (6) high schools (grades 9-12), two (2) Early Childhood locations, one (1) alternative education facility and four (4) support complexes. There are also plans for two additional schools, the rebuild of Hartwood Elementary School and Drew Middle

School. The school membership is approximately thirty-one thousand two hundred and twenty

(31,220).

3. SCOPE OF WORK

General Requirements:

3.1 Qualified Offerors are encouraged to submit a proposal for K-5 Literacy, 6-8 English, and

9-12 English and supporting materials that are included with the textbook at no additional cost. All textbooks and supporting materials shall align with the Virginia Department of

Education (VDOE) Standards of Learning.

1.For K-5 Literacy: Offerors shall only submit proposals, materials and associated samples from the Virginia Board of Education’s approved, or pending approval, Virginia Literacy Act K-5 Core Curriculum List.

2.For 6-12 English: Offerors are encouraged to submit textbooks approved by the

VDOE English textbook adoption list. However, Stafford Schools will consider alternative 6-12 English proposals, materials, and samples, provided they fully align with the VDOE Standards of Learning.

3.2 Offerors shall offer a variety of materials in both digital and print solutions limited to the following:

1.Workbook or lab book and corresponding textbook;

2.Teacher Edition for all items;

3.Online resources such as manuals, workbooks, and teacher materials;

4.Teacher resources for middle school mathematics

3.3 Offerors shall provide customer support and professional learning for Stafford Schools teachers and staff using contracted materials and related materials or services.

RFP# 27-SCPS-001 Page 4 of 26

3.4 At the time of proposal submission, Offerors shall provide Stafford Schools with online accounts allowing for designated Stafford Schools employees, students, and the community to access the offered materials for review purposes.

Specific Requirements:

All proposals must be made on the basis of, and either meet or exceed, the requirements contained herein.

3.5 Stafford Schools seeks the following formats for evaluation:

i. Print books with digital resources

Note: Digital materials should conform to one or more the following integration protocols:

● Canvas

● Clever

● Google

3.6 Multiple contracts may be awarded as a result of this RFP. A single Contractor may be awarded a contract which includes awards for multiple courses. Stafford Schools reserves the right to award contracts for multiple resources to meet the needs of a single course or for the use over several courses. Stafford Schools reserves the right to consider a proposed resource for use with a course other than the one it was submitted for.

3.7 All Stafford Schools textbooks and resources are subject to an adoption process which includes teacher, parent, student, and community input and School Board approval. As such, the following evaluation process will be followed:

a. Part 1: Evaluation of Primary textbooks by Subject-Specific Textbook Adoption

Committees

b. Part 2: Recommendation by Subject-Specific Textbook Adoption Committees to proceed with negotiations

c. Part 3: Evaluation of Primary textbooks by Stafford Schools’ Division Textbook

Committee (and their related Ancillary Resources that are included with the

Primary textbook) that were selected for further review after the Textbook

Adoption Committee’s evaluation

d. Part 4: School Board Approval.

4. SUBMISSION INSTRUCTIONS

This is a two-step proposal submission process. Complete and submit the following as a complete response to this RFP:

● Step 1: Submission of Attachment A – Virginia State Corporation Commission (SCC)

Registration Information form, Attachment B – Proprietary Information Designation, Attachment C - Questionnaire, and Attachment D - ICT Accessibility Certification Form must be received by Stafford Schools on or before October 9, 2026 by 2:00 p.m. local prevailing time.

● Step 2: Submission of sample copies of primary textbooks with ancillary resources that are included with the textbook at no additional cost must be received by Stafford Schools

RFP# 27-SCPS-001 Page 5 of 26 on or before September 25, 2026. Physical materials must be received at the Alvin Bandy

Administrative Complex, 31 Stafford Ave., Stafford, VA 22554, ATTENTION: Alisha

McNeese and each school site specified below. Digital/electronic materials shall be received at procurement@staffordschools.net with copy to the Department of Academic

Programs by email mcneeseaa@staffordschools.net. All samples shall comply with the following:

o Sample textbooks to support teacher and student use of the submitted instructional materials shall be submitted and clearly marked. Ancillary materials that are included with the textbook may be submitted. These ancillary materials may include study books, lab books, workbooks, and teacher editions. Samples must be sent directly to every school site and three (3) sets of materials must be received for public review. Stafford Schools will not pay for sample textbooks and ancillary resource materials and such materials will not be returned.

o If all materials are available in digital and physical format, then email one digital set to Procurement@staffordschools.net with copy to the

Department of Academic Programs by email mcneeseaa@staffordschools.net and deliver the number of requested copies to every school site and three (3) sets of physical textbooks to

Professional Development Center, 31 Stafford Ave., Stafford, VA 22554, Attention: Alisha McNeese.

o If all materials are only available in digital format, then email one digital set to Procurement@staffordschools.net with copy to the Department of

Academic Programs by email mcneeseaa@staffordschools.net.

o If all materials are only available in a physical format, then deliver the number of requested copies to every school site and three (3) sets to

Professional Development Center, 31 Stafford Ave., Stafford, VA 22554, Attention: Alisha McNeese.

o Denote in Attachment C - Questionnaire which option is selected.

o Requesting the following copies of each sealed container to be displayed at the following locations:

▪ Howell Public Library - One (1) set of K-5, 6-8, and 9-12 materials

▪ Professional Development Center for Stafford Schools - Two (2) sets of K-

5, 6-8, and 9-12 materials

▪ Each Elementary School - One (1) set of K-5 materials

▪ Each Middle School - One (1) set of 6-8 materials

▪ Each High School - One (1) set of 9-12 materials

Refer to Attachment E for School Site Listing.

o Textbook samples should be submitted to support the courses being adopted, to include the following:

▪ Comprehensive Literacy: Foundational Skills using Structured Literacy, Language Comprehension and Writing Skills (Grades K-5)

▪ English and writing composition (Grades 6-8)

▪ English, Honors English and writing composition (Grades 9-12) o All samples submitted should be in a sealed container marked RFP # 27-SCPS-

001 – Local Textbook Adoption.

mailto:procurement@staffordschools.net mailto:mcneeseaa@staffordschools.net mailto:Procurement@staffordschools.net mailto:mcneeseaa@staffordschools.net mailto:Procurement@staffordschools.net mailto:mcneeseaa@staffordschools.net

RFP# 27-SCPS-001 Page 6 of 26

● Step 3: As part of their proposal submission, Offerors that are shortlisted through Stafford

Schools’ textbook evaluation process will be asked to provide a detailed price proposal to procurement@staffordschools.net:

5. OFFEROR’S INSTRUCTIONS

5a. SUBMISSION AND RECEIPT OF PROPOSALS.

A. PROPOSAL SUBMISSION: It is the responsibility of the OFFEROR, not Stafford

County Public Schools, to ensure proposals are delivered to the SPECIFIED

LOCATION by the date and time specified in the RFP.

B. PROPOSAL PACKAGE. All proposals shall be identified with the solicitation number, title, and offeror’s name.

C. SUBMISSION RESPONSIBILITY. It is the sole responsibility of the offerors for ensuring that their samples are received by Stafford Schools personnel before the due date and time for receipt of proposals per the RFP. Samples received after the announced time and date of receipt, by mail or otherwise, shall not be considered.

However, nothing in this RFP precludes Stafford Schools from requesting additional information at any time during the procurement process.

D. INCLEMENT WEATHER. In the event that Stafford Schools offices are not operating under normal staffing levels or if the location for receipt of proposals is inaccessible due to inclement weather or other emergency situations at the published time, the proposal submission or will default to the next regular business day at the same time.

E. ACCOMMODATION. If you are an individual with a disability and require a reasonable accommodation, please notify Stafford Schools Procurement Office at (540)

658-6000, three working days prior to need.

5b. OFFEROR QUALIFICATIONS. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit samples. Any requirements listed herein are intended to describe qualifications, certifications and/or experience considered to be vital and should be used as guidelines for sample submission. Firms or individuals not meeting specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifications, certifications and/or experience for consideration.

5c. PROPOSAL FORMAT. In order to facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instructions outlined in this subsection and should structure the proposal so that it contains individual tabs/sections detailing proposed services.

A. Offeror’s responses should be prepared as simply as possible. All information should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for Stafford Schools.

B. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material

5d. PROPOSAL PERIOD. Proposals will remain valid through June 30, 2027.

6. BASIS FOR AWARD

6a. COMPETITIVE NEGOTIATION. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting samples/proposals, on the basis mailto:procurement@staffordschools.net

RFP# 27-SCPS-001 Page 7 of 26 of the factors involved in the RFP, including price if so stated in the RFP. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Stafford Schools shall select the offeror which, in its opinion, has made the best proposal and award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the RFP awards may be made to more than one offeror. Should

Stafford Schools determine in writing and in its sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. Stafford Schools reserves the right to make multiple awards as a result of this solicitation.

6b. EVALUATION COMMITTEES. Evaluations Committees have been established to review and evaluate all samples/proposals submitted in response to this RFP.

6c. PROPOSAL EVALUATION CRITERIA. Proposals shall be evaluated by Stafford County

Public Schools using the following evaluation criteria:

1. School Board of Stafford County Policy # 3401

2. School Board of Stafford County Regulation # 3401R

6d. ON-SITE VISITS. Stafford Schools reserves the right to make on-site visitations to assess the capabilities of individual offerors and to contact references provided with the proposal.

The Stafford Schools Procurement Office, or designee, may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

6e. REVIEW OF PROPOSALS.

A. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the Stafford Schools Procurement Officer require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Consequently, offerors should provide complete, thorough proposals with the offerors most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors shall submit such additional material by the deadline provided by Stafford Schools.

B. Stafford Schools may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

7. GENERAL CONDITIONS

7a. INSURANCE REQUIREMENTS. In addition to any other forms of insurance or bonds required in the RFP, the contractor shall provide and maintain the following insurance:

A. Workers’ Compensation and Employer’s Liability: Workers' Compensation insurance in accordance with statutory requirements, and Employer's Liability insurance in limits of not less than $500,000 (each employee) or a maximum limit of $1,000,000, to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of

Virginia.

B. Comprehensive General Liability: Comprehensive General Liability insurance at a minimum $1,000,000 per occurrence, written on an occurrence basis, including ongoing and completed operations; contractual liability; and $2,000,000 general https://go.boarddocs.com/vsba/scpsva/Board.nsf/goto?open&id=84656775FDA7 https://go.boarddocs.com/vsba/scpsva/Board.nsf/goto?open&id=84656775FDA7

RFP# 27-SCPS-001 Page 8 of 26 aggregate. In addition, Comprehensive General Liability policy shall include a per project aggregate endorsement. Completed project aggregate endorsement shall continue in force for three years following completion of the Contract.

C. Contractor providing professional services and/or Information Technology (IT) shall also provide and maintain the following insurance:

1. Professional Liability: Professional Liability, Errors and Omissions insurance coverage with a minimum per occurrence/aggregate limit of $1,000,000.

Professional services shall include, but not be limited to: Accounting, Architecture, Asbestos Design, Inspection or Abatement Contractors, Insurance/Risk

Management, Landscape/Architecture, Legal, Professional Engineers, Professional

Surveying, and IT Solutions and Services. Medical services provided by licensed professionals shall provide liability insurance at levels set by the Virginia Code.

D. Additional insurance provisions that apply to all contracts include:

1. Additional Insured: The School Board of Stafford County, its officers, employees, agents, and volunteers shall be named as Additional Insured on the Comprehensive

General Liability coverage listed above, and it shall be stated on the insurance certificate that this coverage "is primary and non-contributory to all other coverage

Stafford Schools may possess."

2. Liability Insurance "Claims Made" basis: If the liability insurance purchased by the contractor has been issued on a "claims made" basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The contractor must either:

a. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub contractor's work under the contract, or

b. Purchase the extended reporting period endorsement for the policy or policies in force during the term of the contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

3. Excess or Umbrella Liability Policy: Liability insurance may be arranged by

Comprehensive General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

4. All contractors shall provide shall provide thirty days (30) notice of cancellation of any insurance policy. Each of the policies shall include a waiver of subrogation against Stafford Schools, its officers, employees, agents and volunteers.

5. The insurance specified herein shall be with an insurance company acceptable to the parties hereto and licensed to do business in the Commonwealth of Virginia.

All insurance must be obtained before any work is commenced and kept in effect until its completion. If any of the work is sublet, similar insurance shall be obtained by or on behalf of the subcontractor to cover their operation.

6. Current insurance certificates documenting compliance with these coverage requirements shall be provided to the Procurement Officer prior to the award of any contract.

RFP# 27-SCPS-001 Page 9 of 26

7b. COOPERATIVE PROCUREMENT. This procurement is being conducted by Stafford

Schools in accordance with the provisions of Virginia Code § 2.2-4304, as amended. If agreed to by the contractor, other public bodies may utilize this contract, except for 1) contracts for architectural and engineering services; or, 2) construction contracts. The contractor shall deal directly with any public body it authorizes to use the contract. Stafford

Schools, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the contractor and any other public bodies, and in no event shall Stafford Schools, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a Stafford Schools contract. Stafford Schools assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

7c. PROPRIETARY INFORMATION. Virginia Code § 2.2-4342(F), as amended, states:

“Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of §2.2-4317 shall not be subject to the Virginia Freedom of Information Act

(2.2-3700 et seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Virginia Code § 2.2- 4342(F), as amended, is not properly invoked then the proposals will be subject to disclosure pursuant to applicable law.

7d. INVOICES. Invoices for goods and services ordered and delivered shall be submitted by the contractor to the remittance address shown on the purchase order. All invoices shall show the contract number, description of the goods and services, and contract price as applicable.

Stafford Schools’s obligation to pay amounts due under the contract shall be contingent upon receipt of invoices in sufficient detail to permit identification of the goods and services.

7e. CHANGES.

A. Stafford Schools may, at any time, by written order, require changes in the services to be performed by the contractor. If such changes cause an increase or decrease in the contractor’s cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. The Stafford Schools Procurement Officer, or designee, must approve all work that is beyond the scope of this RFP.

B. No services for which an additional cost or fee will be charged by the contractor shall be furnished without the prior written authorization of the Stafford Schools

Procurement Officer, or designee.

7f. QUALITY EXPECTATION STATEMENT. Stafford Schools, through its quality initiative, is a recognized leader in providing quality goods and services at the most effective cost possible. Therefore, Stafford Schools fully expects, requires, and shall hold all

Contractors, and all agents, staff, representatives, and subcontractors of the contractor, responsible for, and accountable to, the highest quality standards of professional workmanship, goods and services. In the spirit of the Stafford Schools’s total quality improvement initiative, the contractor shall be expected to become a member of the team and perform or provide goods and services products with a target of “zero defects – zero rework.”

7g. SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESS USE. It is the policy of Stafford Schools to increase opportunities for certified small, micro, women-owned, minority-owned and service disabled veteran-owned businesses in all aspects of

RFP# 27-SCPS-001 Page 10 of 26 procurement to the maximum extent feasible. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to these certified businesses. The Virginia Department of

Small Business and Supplier Diversity’s certification database is available at https://www.sbsd.virginia.gov/directory/.

7h. REFERENCES. If requested, the offeror shall provide references which substantiate past work performance and experience in the type of work required for the contract. Stafford

Schools may contact all references furnished by offerors. The right is further reserved by

Stafford Schools to contact references other than, and/or in addition to, those furnished by the offeror.

7i. DELIVERY FOB DESTINATION. Any goods provided pursuant to this RFP shall be delivered FOB Destination to the Stafford Schools using department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

7j. SAFETY.

A. The contractor, its employees and subcontractors shall comply with all current applicable local, state and federal policies, regulations and standards relating to occupational health and safety, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health (VOSH) Compliance

Program administered by the Virginia Department of Labor and Industry (DOLI). The provisions of all rules and regulations governing safety as adopted by the Safety Codes

Commission of the Commonwealth of Virginia and issued by DOLI under Title 40.1 of the Code of Virginia shall apply to all work under the contract. The contractor shall provide, or cause to be provided, all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the contractor.

B. The contractor shall provide a supervisor at each job site who is competent, qualified, and authorized on the worksite, and who is familiar with policies, regulations and standards applicable to the work being performed. The supervisor shall be capable of identifying existing and predictable hazards in the surroundings or working conditions which are hazardous or dangerous to employees or the public, and shall be capable of ensuring compliance with all applicable safety and health regulations, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the contractor’s employees from the work site.

C. Any activities of the contractor determined to be hazardous by Stafford Schools, shall be immediately discontinued by the contractor upon receipt of either a written or verbal notice from Stafford Schools to discontinue such activities.

D. If requested by the Stafford Schools Project Manager, the contractor shall provide a written health and safety plan for the project prior to proceeding with work.

7k. TAXES. Stafford Schools is exempt from payment of Federal Excise Tax and State and

Local Sales and Use Tax on all tangible personal property purchased or leased by Stafford

Schools for its use or consumption. Tax exemption certification will be furnished upon request. Contractors are not exempt from paying taxes on these materials and supplies, as https://www.sbsd.virginia.gov/directory/

RFP# 27-SCPS-001 Page 11 of 26 they are considered to be a cost of doing business and should be considered in pricing when preparing a proposal.

7l. OFFICIALS NOT TO BENEFIT. Each offeror shall certify, upon signing the proposal, that to the best of their knowledge no Stafford Schools official or employee having official procurement responsibility as provided in Article 6 of the Stafford County Procurement

Policy, or member of their immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

7m. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH. An offeror organized or authorized to transact business in the Commonwealth pursuant to Title

13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title

13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the offeror is not required to be so authorized. Any offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this Article is granted by the Superintendent of Stafford County

Public Schools. The Virginia State Corporation Commission’s entity search is available via the Clerk’s Information System available at the following website:

https://cisiweb.scc.virginia.gov/z_container.aspx.

7n. ANNOUNCEMENT OF AWARD. Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner:

posting of a written notice on the Commonwealth of Virginia’s e-procurement site, eVA, at www.eva.virginia.gov.

7o. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the successful Offeror would require Stafford Schools to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the

Contractor, must be submitted along with the Contractor’s proposal. Under no circumstances shall Stafford Schools be required to agree to any contractual provision (i) that would materially conflict with any requirement(s) of this RFP, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, (iii) that would conflict with any requirement of the Virginia Public Procurement Act or other applicable law or regulation, or (iv) that would, in Stafford Schools’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to Stafford Schools’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by Stafford Schools.

7p. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the federal government, the Commonwealth of Virginia, or any local government or public authority, from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

https://cisiweb.scc.virginia.gov/z_container.aspx http://www.eva.virginia.gov/

RFP# 27-SCPS-001 Page 12 of 26

7q. SCHOOL CONTRACTOR CERTIFICATION: By submitting their proposal, offerors acknowledge that any contract resulting from this solicitation for services may require

Contractor, Contractor’s employees or other persons within Contractor’s control to have direct contact with Stafford County Public School students on school property during regular school hours or during school-sponsored activities. As evidenced by the Offeror’s authorized signature on this document, Offeror hereby certifies to the School Board that all persons who will provide such services for or on behalf of the Offeror on public school property have not been convicted of any violent felony set forth in the definition of barrier crime in subsection

A of Section 19.2-392.02 of the Code of Virginia; any offense involving the sexual molestation, physical, or sexual abuse or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude.

8. CONTRACTUAL TERMS AND CONDITIONS

8a. CONTRACT EXECUTION. The contract entered into pursuant to this RFP, hereinafter referred to as the “contract,” is for the initial term and renewals set on the front of the RFP.

8b. CONTRACT RENEWAL. Upon a determination by Stafford Schools to renew this contract for an additional term, written notification will be given to the Contractor. Prior to the expiration date of the initial contract or any subsequent renewal, the Contractor may request price adjustments to be effective during the upcoming contract period. Price increases may be negotiated only at the time of renewal. If the Stafford Schools elects to exercise the option to renew the contract for an additional renewal term, the contract price(s) for the renewal term shall not exceed the contract price(s) of the most recent contract term by more than the percentage increase of the U.S. City Average, Other Services ID #CWUR0000SAS367 category Urban Wage Earners and Clerical Workers section of the Consumer Price Index

(CPI-W) of the United States Bureau of Labor Statistics for the previous renewal period for which statistics are available. The source for this index shall be the Bureau of Labor Statistics

Consumer Price Index available at the following link: http://www.bls.gov/cpi.

8c. CONTRACT EXTENSION. Stafford Schools has the right to extend this contract for up to one hundred eighty (180) days following any term on the contract.

8d. CONTRACT MODIFICATION. The contract shall not be amended, modified, or otherwise changed except by the written consent of the contractor and Stafford Schools given in the same manner and form as the original signing of the contract.

8e. NEGOTIATING CONTRACT REDUCTIONS. Stafford Schools reserves the right, at any time during the contract term or any extension of the term, to renegotiate with the contractor a reduction in the compensation paid to the contractor that is less than the compensation initially agreed to by the contractor and Stafford Schools at the time of contract execution/issuance of the purchase order. Stafford Schools may initiate such negotiations whenever Stafford Schools determines that it is in Stafford Schools’s best fiscal interests to do so. Notwithstanding any other provision of this contract/purchase order to the contrary;

Stafford Schools may terminate the contract/purchase order immediately and without penalty if Stafford Schools is unable to renegotiate the compensation with the contractor to an amount which Stafford Schools determines to be appropriate.

8f. NON-APPROPRIATION OF FUNDS. The obligations of Stafford Schools to pay compensation due to the contractor pursuant to the contract or any other payment obligations under any contract awarded pursuant to this contract are subject to appropriations by the

School Board of Stafford County to satisfy payment of such obligations. Stafford Schools’s http://www.bls.gov/cpi

RFP# 27-SCPS-001 Page 13 of 26 obligations to make payments during subsequent fiscal years are dependent upon the same action. If such appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and Stafford Schools will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. Stafford Schools will provide contractor with written notice of non-appropriation of funds 30 days after action is completed by the School Board of Stafford County, but failure to give such notice shall be of no effect and Stafford Schools shall not be obligated under the contract beyond the date of termination specified in Stafford Schools’s written notice.

8g. TERMINATION FOR CONVENIENCE. A contract may be terminated in whole or in part by the Stafford Schools in accordance with this clause whenever the Procurement

Officer determines that such a termination is in the best interest of Stafford Schools. Any such termination shall be effected by delivery to the contractor of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

8h. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the contractor fails to fulfill in a timely and proper manner its obligations under the contract, or if the contractor violates any of the covenants, agreements, or stipulations of the contract, Stafford

Schools shall have the right to terminate the contract. Any such termination shall be effected by mailing or delivery to the contractor of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the contractor under the contract shall, at the option of Stafford Schools, become its property and the contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Termination of the contract for cause does not relieve the contractor of liability to Stafford Schools for damages sustained by Stafford Schools by virtue of any breach of contract by the contractor until such time as the exact amount of damages due to Stafford

Schools from the contractor is determined.

8i. DELIVERY/SERVICE FAILURES.

A. All goods shall be delivered FOB Destination to the Stafford Schools Department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

B. In case any items are defective in material or workmanship or otherwise not in conformity with the requirements of the contract, Stafford Schools shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction.

C. Items which have been rejected or required to be corrected shall be removed or, if permitted or required by the Procurement Officer, corrected in place by and at the expense of the contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed.

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D. If the contractor fails promptly to remove such items which are required to be removed or promptly to replace or correct such items, Stafford Schools may either (i) by contract amendment or otherwise, replace or correct such items and contractor shall reimburse Stafford Schools, within a reasonable time specified by the Procurement

Officer, for any reasonable expense incurred in excess of the contract prices; or terminate the contract for default as provided below.

E. Unless the contractor corrects or replaces such items within the delivery schedule, the

Procurement Officer may require the delivery of such items at a reduction in price, which is equitable under the circumstances.

F. Acceptance or rejection of the goods shall be made as promptly as practicable after delivery, except as otherwise provided in the contract; but failure to inspect and accept or reject goods shall neither relieve the contractor from responsibility for such goods as are not in accordance with the contract requirements nor impose liability on Stafford

Schools. The inspection and test by Stafford Schools of the goods does not relieve the contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance.

8j. SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS. It is mutually understood and agreed that the contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation, without the previous written consent of the Procurement Officer. In no case shall such assignment of contract relieve the contractor from its obligations or change the terms of the contract.

8k. PAYMENTS TO SUBCONTRACTORS.

A. The contractor is obligated to take one of the two following actions within seven days after receipt of amounts paid to the contractor by Stafford Schools for work performed by any subcontractor under the contract:

a. Pay the subcontractor for the proportionate share of the total payment received from Stafford Schools attributable to the work performed by the subcontractor under the Contract; or

b. Notify Stafford Schools and the subcontractor, in writing, of the contractor's intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

B. The contractor is obligated to pay interest to the subcontractor on all amounts owed by the contractor to the subcontractor that remain unpaid after seven days following receipt by the contractor of payment from Stafford Schools for work performed by the subcontractor under the contract, except for amounts withheld as allowed in subparagraph b, above. Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent per month.

C. The contractor shall include in each of its subcontracts, if any are permitted, a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The contractor's obligation to pay an interest charge to a subcontractor pursuant to this paragraph may not be construed to be an obligation of Stafford Schools. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

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D. All contractors, if a proprietorships, partnerships, and/or corporations, shall provide

Stafford Schools with its federal employer identification number, or if an individual contractor, their social security number.

8l. AUDIT OF RECORDS. The parties agree that Stafford Schools or its agent must have access to and the right to examine any books, documents, papers, and records of the contractor involving transactions related to the contract or compliance with any clauses thereunder, for a period of five (5) years after final payment. The contractor must include this requirement in all subcontracts related to the contract.

8m. GENERAL GUARANTY. Contractor agrees to:

A. Save Stafford Schools, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or un-copyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a contract for which the contractor is not the patentee, assignee, licensee or owner.

B. Protect Stafford Schools against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

C. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other contractors, for which his or her workers are responsible.

D. Pay for all necessary permits, licenses and fees and give all notices and comply with all laws, ordinances, rules, regulations, and policies of Stafford Schools.

E. Protect Stafford Schools from loss or damage any Stafford Schools-owned property while it is in the custody of the contractor.

8n. SERVICE CONTRACT GUARANTY. Contractor agrees to:

A. Furnish services described in the solicitation and resultant contract at the times and places and in the manner and subject to conditions of those documents provided that

Stafford Schools may reduce the said services at any time.

B. Enter upon the performance of services with all due diligence and dispatch, assiduously press to its complete performance, and exercise therein the highest degree of skill and competence.

C. All work and services rendered in strict conformance to all laws, statues, and ordinances and the applicable government rules, regulations, methods, and procedures.

D. Allow services to be inspected or reviewed by an employee of Stafford Schools at any reasonable time and place selected by Stafford Schools. Stafford Schools is under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract.

E. Stipulate that the presence of Stafford Schools staff shall not lessen the obligation of the contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the contractor for infraction thereof. Stafford Schools staff are not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the contract documents. Any omission or failure on the part of the staff to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. Notification of an omission or failure will be documented by the Procurement Officer.

8o. INDEMNIFICATION.

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A. General Indemnification. Contractor must indemnify, keep and save harmless, and defend Stafford Schools, its agents, officials, employees, and volunteers against Claims that may accrue or arise against Stafford Schools as a result of the granting a contract, if the Claim was caused by the negligence or error, or omission of the Contractor, its employees, its subcontractor, or its subcontractor’s employees. As used in this

Paragraph 25, a Claim includes: injuries, death, damage to property, breach of data security, suits, liabilities, judgments, or costs and expenses. Upon request by Stafford

Schools, the Contractor must at its own expense: appear, defend, and pay all attorney’s fees and all costs and other expenses related to the Claim. If, related to a Claim, any judgment is rendered against Stafford Schools or a settlement reached that requires

Stafford Schools to pay money, the Contractor must at its own expense satisfy and discharge the same.