RFP - Refuse Collection Services.pdf

RFP – REFUSE COLLECTION SERVICES PAGE 1

Southwest Virginia Regional Jail

Authority

RFP – Refuse Collection Services

Due Date: June 3, 2026

RFP – REFUSE COLLECTION SERVICES PAGE 1

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY – REFUSE

COLLECTION SERVICES

The Southwest Virginia Regional Jail Authority, hereafter referred to as SWVRJA, is requesting proposals to provide refuse collection services at the Abingdon and Duffield Regional Jails.

Acceptance of an Offeror’s proposal will not require the SWVRJA’s use of all proposed items.

Sealed proposals will be received until Wednesday, June 3, 2026 at 2:00 PM for providing the services described herein.

All inquiries for information should be directed to:

Danyelle Moore Southwest Virginia Regional Jail Authority PO Box 279 Meadowview, VA 24361-0279 276-739-3520 Ext. 5004 emoore@swvrja.com

The proposals should be mailed to:

Mailing Address:

Danyelle Moore Southwest Virginia Regional Jail Authority PO Box 279 Meadowview, VA 24361-0279

The proposals may be hand delivered or sent via courier to:

Physical Address:

Danyelle Moore Southwest Virginia Regional Jail Authority 15205 Joe Derting Drive Abingdon, VA 24210

Proposals may be submitted on eVA at www.eva.virginia.gov, but you are required to send the requested paper and electronic copies as well.

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REQUEST FOR PROPOSALS

REFUSE COLLECTION SERVICES

My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth in this RFP for refuse collection services.

My signature warrants that I have not employed or retained any firm or person other than a bona fide employee working solely for the firm to solicit or secure this contract and have not paid or agreed to pay any firm or person other than a bona fide employee working solely for the firm any fee, commission, percentage, brokerage fee, gifts or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to annul or void this Contract without liability or, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the Southwest Virginia Regional Jail Authority, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the Southwest Virginia Regional Jail Authority, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the Authority.

I hereby certify that I am authorized to sign as a Representative for the Firm:

Complete Legal Name of Firm: ________________________________________________

Street Address: ______________________________________________

Mailing Address ______________________________________________

Fed ID No.: ______________________________________________

Signature: ______________________________________________

Name (type/print): ______________________________________________

Title: ______________________________________________

Telephone: (___)_______________Fax No.: (___)_______________

Date: ______________________________________________

To receive consideration for award, this signature sheet should be returned to the Southwest Virginia Regional Jail Authority as it shall be a part of your response.

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SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY – REFUSE

COLLECTION SERVICES

I. Purpose

The purpose of this Request for Proposals (RFP) is to contract with a qualified Contractor to provide all labor, materials, and equipment necessary to provide refuse collection services at the Abingdon and Duffield Regional Jails.

II. Introduction/Background

The Southwest Virginia Regional Jail Authority is an independent political subdivision of the Commonwealth of Virginia. The Authority was created by the jurisdictions of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington and Wise Counties and the City of Norton, and Bristol. SWVRJA operates four jail facilities which hold an average of 1620 inmates daily, consisting of both males and females. SWVRJA employs 445 people.

III. Contract Term

The SWVRJA intends to enter into a contract with the selected firm beginning July 1, 2026, and continuing through June 30, 2029 with two (2) optional one-year renewals, which may be exercised at SWVRJA’s discretion.

IV. Optional Pre-Proposal Conference

An optional pre-proposal conference will be held at 9:30 a.m., Wednesday, May 6, 2026, at the Southwest Virginia Regional Jail Authority – Abingdon, 15205 Joe Derting Drive, Abingdon, VA 24210. The purpose of this conference is to allow potential Contractors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. A tour of pertinent parts of the jail facility will be conducted during the pre-proposal conference. All attendees are expected to bring any equipment or other materials that they will expect to use during the tour to verify specifications. This optional pre-proposal conference will be the only opportunity for Contractors to conduct a site visit for this project. No other site visits will be allowed.

Oral responses to questions during the site evaluation shall be considered nonbinding on SWVRJA’s behalf.

All questions regarding this RFP must be submitted, in writing, prior to 2:00 PM Thursday, May 14, 2026. When emailing questions please be sure to send them in PDF format to emoore@swvrja.com and copy ahaynes@swvrja.com and cbrewer@swvrja.com. Answers to any questions will be returned no later than 2:00 p.m., Wednesday, May 20, 2026. Any changes resulting from this conference or questions will be issued in a written addendum to the solicitation.

Proposers who wish to attend the pre-proposal conference must submit names and

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telephone numbers of attendees to Danyelle Moore, via fax or email by 2:00 p.m., EST, Monday, May 4, 2026.

V. Scope of Work

Nothing stated herein or attached shall bind SWVRJA to purchase any specified amount of the service(s). Further, acceptance of a vendor’s quotation will not require the SWVRJA’s purchase of all listed items or services. Any additional issues that arise related to this project will be negotiated.

SWVRJA seeks an experienced Vendor to provide trash and refuse collection and disposal services to the Abingdon, VA and Duffield, VA facilities.

A. General Requirements

The selected vendor will:

1. Furnish all labor, supervision, travel, tools, supplies, parts, vehicles, and materials necessary to provide trash and refuse collection and disposal services.

2. Implement all necessary work control procedures to ensure timely accomplishment of work requirements.

3. Be responsible for planning and scheduling work to assure sufficient labor and materials are available to complete all work requirements within the SWVRJA’s specified time limits.

4. Establish a designated representative that will be thoroughly familiar with any Agreement with the SWVRJA, and will have the authority to make day-to-day decisions on behalf of the selected vendor.

5. Cooperate with SWVRJA concerning the scheduling of work. The selected vendor will promptly notify the SWVRJA’s designated representative if any change of work will adversely affect the performance of duties required by this RFP.

6. Ensure that all equipment and materials will comply with all applicable codes and standards related to equipment and materials.

The SWVRJA will not be responsible for losses or damages of the selected vendor’s supplies, tools, or equipment.

B. Detailed Specifications for Collection and Disposal of Trash and Refuse

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1. SWVRJA requires emptying and disposal of the content of specifically sized refuse removal containers at the following facilities:

a. The Abingdon facility is located at 15205 Joe Derting Drive, Abingdon, Virginia.

i. Requires six (6) eight (8) cubic yard containers.

ii. Requires vendor to pick-up a minimum of four (4) times per week.

b. The Duffield facility is located at 1037 Boone Trail Road, Duffield, Virginia.

i. Requires seven (7) eight (8) cubic yard containers.

ii. Requires vendor to pick-up a minimum of two (2) times per week

c. The selected Vendor will also be available on an emergency basis to keep the container(s) from reaching an overflow point.

2. The trash and refuse trucks will be completely enclosed and be so designed that there will normally be no spillage of material either during loading or transporting. The selected Vendor is responsible for cleanup of any spillage and repair of any damages from its equipment which may occur.

3. The selected Vendor is responsible for reporting any damage to

SWVRJA’s container(s) as soon as possible and to arrange for timely repairs for SWVRJA owned or rented equipment. Maintenance of all leased/rented equipment will be the responsibility of the selected Vendor.

4. Containers will not be moved from original site unless approved by

SWVRJA.

5. The selected Vendor will immediately report to the SWVRJA any condition which prevents the proper performance of the contract requirements.

6. Each element of the services specified is subject to inspection during the selected Vendor’s operation and/or after completion of that element. Work determined unsatisfactory by SWVRJA after discussion with the selected Vendor, or the selected Vendor’s failure

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to discuss the work in question, will constitute a breach of contract by the selected Vendor and may result in cancellation of any contract resulting from this RFP.

7. The selected Vendor will provide emergency telephone numbers for after-hours access to their manager.

C. Additional Service

Offerors are requested to include additional pricing to provide the equipment and service(s) to allow the SWVRJA to recycle paper, cardboard, aluminum, glass, and plastic at the Abingdon, VA and Duffield, VA facilities.

Offerors may also submit proposals for alternate items/services they feel may benefit the SWVRJA.

VI. Proposal Preparation and Submission Requirements

A. General Instructions

1. All RFP proposals must be sealed and marked “Proposal for Refuse Collection Services: Southwest Virginia Regional Jail Authority”.

2. Please submit five (5) physical copies of your response along with two

(2) electronic copies on a flash drive. Any proprietary information should be clearly identified in the proposal. One of the electronic copies should have proprietary information redacted. Paper and electronic copies are required even if you submit your bid on eVA.

3. The RFP cover sheet as well as all addenda acknowledgements should be completed, signed, and returned with the proposal.

B. Specific Requirements

Proposals should be as thorough and detailed as possible so that the SWVRJA may properly evaluate the products offered. To be considered substantive, the proposal must respond to all requirements of the RFP.

Any additional products or services that could be beneficial to the SWVRJA should be provided as an appendix to the proposal. At a minimum, your response should include the following:

1. Qualification Statement

A statement should be included describing the Offeror’s qualifications to perform the work listed in this RFP. The statement should include the number of years you have been in business as well as the resources you have available to meet the requirements

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of this RFP. In addition, if the Offeror anticipates using a subcontractor(s), the same information must be submitted concerning the proposed subcontractor(s).

2. Cost of Proposed Project

a. The Offeror will identify the specific rental costs associated with the containers.

b. The Offeror will identify specific disposal costs charged for refuse disposal services for SWVRJA and disposed of at any regulated site.

c. The Offeror will identify all additional fees that will be charged to the account.

d. Alternative proposals for service, or services, that may result in a more cost-effective delivery of the SWVRJA’s refuse collection needs are encouraged and appreciated.

4. Project Information

Describe how the Offeror’s plans to provide trash and refuse collection and disposal services as described in this RFP.

5. Reference

The Offeror shall provide references from clients who have purchased similar services. Names, addresses, telephone numbers, and individual contacts of at least three accounts that are similar in size and complexity to SWVRJA.

VII. Evaluation and Award Criteria

A committee will evaluate all proposals submitted. The proposal will be awarded based upon the proposal that is deemed to be the most responsive and of greatest benefit to the SWVRJA. The evaluation criteria will include, but not be limited to:

Qualifications of Offeror and proposed subcontractor(s)

1. Qualifications and experience of Offerors in providing the services requested.

2. The demonstrated expertise and experience in serving similar governmental entities.

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3. The Offeror must propose a fee structure which is fair and reasonable for the services to be performed. Fee structure shall be based upon a fixed schedule of fees for the term of the contract.

4. References from clients similar to SWVRJA.

The Offeror with the lowest price is not guaranteed award of this contract.

SWVRJA may cancel this Request for Proposals 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 (Section 2.2- 4359D of the Virginia Code).

VIII. General Terms and Conditions

A. Vendors Manual

This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab.

B. Applicable Laws and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the 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.

C. Anti-Discrimination

By submitting their proposals, proposers certify to the SWVRJA 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, RFP – REFUSE COLLECTION SERVICES PAGE 9 refusal to participate in a religious practice, or on the basis of race, age, color, gender 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).

D. Ethics in Public Contracting

By submitting their proposals, proposers 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 proposer, 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.

E. Immigration Reform and Control Act of 1986

By entering into a written contract with the SWVRJA, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services with the SWVRJA, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. Debarment Status

By participating in this procurement, the Contractor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation, Contractor 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.

G. Antitrust

By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the SWVRJA 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 SWVRJA under said contract.

H. Payment

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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.

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.

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the SWVRJA 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 SWVRJA, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

I. 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

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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.

J. Qualification of Proposers

The SWVRJA may make such reasonable investigations as deemed proper and necessary to determine the ability of the proposer to perform the services/furnish the goods and the proposer shall furnish to the SWVRJA all such information and data for this purpose as may be requested. The SWVRJA reserves the right to inspect proposer’s physical facilities prior to award to satisfy questions regarding the proposer’s capabilities. The SWVRJA further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such proposer fails to satisfy the SWVRJA that such proposer is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

K. Testing and Inspection

The SWVRJA reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

L. Assignment of Contract

A contract shall not be assignable by the Contractor in whole or in part without the written consent of the SWVRJA.

M. 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

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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 Commonwealth of Virginia 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.

Cumulative contract modifications up to and including $50,000 shall not exceed 25% of the original contract price without advance written

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approval of the agency head or his/her designee.

N. Default

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

O. Taxes

Sales to the SWVRJA 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 SWVRJA’s excise tax exemption registration number is 54-2061321.

P. Use of Brand Names

Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/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 proposer 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 SWVRJA 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 bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the proposer 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.

Q. Transportation and Packaging

By submitting their proposals, all proposers 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. All shipping containers shall be legibly marked or labeled on the outside with purchase

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order number, commodity description, and quantity.

R. Insurance

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

S. Drug-Free Workplace

During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

T. Nondiscrimination of Contractors

A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, RFP – REFUSE COLLECTION SERVICES PAGE 15 department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. Availability of Funds

It is understood and agreed between the parties herein that the SWVRJA shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

V. Bid Price Currency

Unless stated otherwise in the solicitation, proposers shall state proposed prices in US dollars.

W. Authorization to Conduct Business in the Commonwealth

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

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

IX. Special Terms and Conditions

1. Audit

The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment. The SWVRJA, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. Cancellation of Contract

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The SWVRJA reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

3. Contract Renewal

This contract may be renewed by the SWVRJA upon written agreement of both parties for two (2) successive one-year periods, under the terms of the current contract, and at a reasonable time approximately 60 days prior to the expiration. (See PRICE ESCALATION/DE-ESCALATION CLAUSE)

4. Contractual Disputes

Contractual claims arising after final payment shall be governed by Section 11- 69A of the Code of Virginia. This claim shall be submitted to the Finance Manager at SWVRJA who will render a decision within thirty (30) Days.

Contractual claims, where for money or other relief, shall be submitted by the Vendor in writing to the Finance Manager at SWVRJA no later than sixty (60) days after final payment; however, written notice of the Vendor’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. The Finance Manager shall make a written determination as to the claim within forty-five (45) days after receipt. Such decision shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final decision by instituting legal action as provided in Section 22-4364 of the Code of Virginia.

5. Delays in Award

Delays in award of a contract beyond the anticipated starting date may result in a change in the contract period indicated in the solicitation. If this situation occurs, SWVRJA reserves the right to award a contract covering the period equal to or less than the initial term indicated in the solicitation.

6. Deviations from the Contract

The requirements contained in the RFP become a part of the terms and conditions of the contract resulting from this RFP. Any deviations from the RFP must be clearly defined by the Vendor in its proposal and, if accepted by SWVRJA, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the RFP or mandatory

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requirements. SWVJRA discourages deviations and reserves the right to reject proposed deviations.

7. Best and Final Offer

At the conclusion of negotiations, the proposer(s) may be asked to submit in writing, a Best And Final Offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the proposer(s). The proposer’s proposal will be rescored to combine and include the information contained in the BAFO. The decision to award will be based on the final evaluation including the BAFO.

8. Bid Acceptance Period

Any bid in response to this solicitation shall be valid for (30) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

9. Indemnification

The Contractor shall indemnify and hold harmless the SWVJRA, its officers, agents and employees, from any and all claims, actions, lawsuits, damages, judgments, charges, expense or liabilities arising out of the performance of the Contract by Contractor, its subcontractors, agents or employees. The Contractor expressly agrees to defend the SWVRJA, its agents, officers and employees from any such claims brought or actions filed against the indemnified parties.

10. Price Escalation/De-Escalation

Price adjustments may be permitted only for changes in the contractor’s cost of materials. The Consumer’s Price Index should be used as a guide to determine increase or decrease. No price increases will be authorized for 365 calendar days after the effective date of the contract. Price escalation may be permitted only at the end of this period and each 365 days thereafter and only where verified to the satisfaction of the purchasing department. Increases shall not exceed three percent (3.0%) annually from one adjustment period to the next. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to the SWVRJA Purchasing Department.

The contractor shall give not less than 30 days advance notice of any price increase to the purchasing department. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30-day notification period. The contractor shall document the amount and

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proposed effective date of any general change in the price of materials.

Documentation shall be supplied with the contractor’s request for increase which will: (1) verify that the requested price increase in general in scope and not applicable just to the SWVRJA; and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers. The purchasing department will notify the using department and the contractor in writing of the effective date of any increase which it approves.

However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The SWVRJA Purchasing Agent may cancel without liability to either party, any portion of the contract affected by the requested increase and any material, supplies, or services undelivered at the time of such cancellation.

The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing department.

11. Subcontracts

No portion of the work shall be subcontracted without prior written consent of the SWVRJA. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the SWVRJA the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

12. Work Site Damages

Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the SWVRJA’s satisfaction at the contractor’s expense.

13. State Corporation Commission Identification Number

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC).

Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided.

Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use

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and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

14. Security Procedures

The SWVRJA may request a drug test and a criminal background check of the awarded vendors employees at any time for the duration of this contract. The awarded vendor shall supply the SWVRJA with the name, address, social security number, and date of birth if requested.

All employees of the awarded vendor must sign-in with Master Control if they will be working in secured areas. All tools/equipment that are taken to secured areas will be inventoried each time the employees enter and leave the secured area. All employees working in the secure area shall also have a photo ID to leave with Master Control while in secure areas.

X. Other Matters

Respondents should contact Danyelle Moore, Procurement to answer any questions which might arise and to discuss general background information on the SWVRJA and its operation.