RWQ..2023.12.001.Cigarette.Tax.Stamp.pdf

REQUEST FOR UNSEALED

WRITTEN BIDS (QUOTES)

Rockbridge County Cigarette Stamp Tax

RFWQ # 2023.12.001

Deadline for Bid (Quote)

Submission:

Thursday, January 25, 2024

@ 2:00 PM EST

Issued Date: December 26, 2023

1. PURPOSE: Rockbridge County (“County of Rockbridge” or “the County”) is soliciting bids (quotes) from qualified and experienced Vendors that are capable of developing and producing cigarette tax stamps. The intent of this “Request for Written Quotes” is to obtain the services of a qualified Contractor (hereinafter known as “Contractor” or “Vendor”) to provide a cigarette tax stamp printing and supply solution indicating proof of payment or pre-payment of all applicable local taxes on the sale of cigarettes.

2. BACKGROUND: County of Rockbridge is a county in the Shenandoah Valley pm the western edge of the Commonwealth of Virginia. The county is approximately 601 square miles in size with a 2020 population of 22,650.

3. BIDDER MINIMUM QUALIFICATIONS:

3.1 Bidders must demonstrate that they have the resources and capability to provide the services as described herein. All Bidders shall submit documentation with their written quote indicating compliance with the minimum qualifications. The following criteria shall be met and presented in the written quote in order to be eligible.

3.1.1 Bidders wishing to submit a written quote and be considered for this solicitation shall have proven experience with Virginia local governments within the past five (5) years.

3.1.2 Bidders must be licensed to do business in the Commonwealth of Virginia.

4. SCOPE OF SERVICES: County of Rockbridge seeks to contract with a vendor who will perform the following services:

4.1 Provide a generic cigarette tax stamp that can be used by Rockbridge County. The stamp should be a commonly used design with a personalized alpha-numeric code specific for Rockbridge County.

4.2 The stamps shall be heat transfer stamps sold in rolls and sheets suitable for machine application with heat to the receiving surface. Stamps shall adhere satisfactorily to cellophane and paper.

4.3 Stamps, including the stock and ink used in the production of the stamps, shall be adequately durable such that normal handling and stamp application by tobacco distributors and retailers do not compromise, damage, or degrade the integrity of the stamp or their security features. Stamps shall also be designed so that they cannot be altered before or after they are affixed nor be removed from packages after they are affixed without causing the destruction of the stamp.

4.4 Heat transfer stamps for machine and hand application should measure approximately ½” x ½”. Each stamp shall be designed so that the locality of issuance and the denomination can be easily determined by any person upon unaided visual inspection. Colors and designs for stamps must be approved by the County Administrator or designee.

4.5 One denomination will likely be needed. County of Rockbridge has a single stamp requirement for packs of 25 cigarettes and under.

4.6 The tax stamps proposed must be compatible with the stamping machines currently in use by Virginia licensed tobacco distributors. Each stamp must be designed in accordance with Virginia statutory requirements.

4.7 The vendor shall provide protective features to guarantee against illegal production.

4.8 The selected vendor shall keep an accurate count of the number of Rockbridge County stamps sold to distributors and to the County.

4.9 All work under the contract, including all coatings on paper for heat transfer stamps should be performed wholly within the premises of the vendor. No part of the contract should be sublet or performed in any other establishment. No assignment of the contract in whole or in part should be made without the written consent by the County of Rockbridge.

4.10 Complete and accurate accounting of each and every stamp and all special paper used in the manufacture of these stamps, and any other material in their production, shall be given to authorized representatives of the County upon demand at any time. Inspection of the plant and of all records and books of accounts pertaining to cigarette tax stamps shall be allowed by the selected vendor at any time upon demand of an authorized representative of the County.

4.11 Every precaution shall be taken to make certain that these stamps are not counterfeited or produced anywhere for any other purpose than the use of the County.

4.12 The vendor further guarantees that the design, construction, and fabrication of the final approved stamps will be available to the County of Rockbridge for the duration of the terms provided in the contract.

5. PROJECT SCHEDULE: The County must have the cigarette tax stamps available for distribution by March 1, 2024. In addition to the General Information Form (Appendix A), please provide.

5.1 Amount of time needed to produce a proof of artwork for the County stamp from the date of award.

5.2 Amount of time needed to fulfill a starting order after the County approves the proof.

5.3 Amount of time needed for a typical order to be fulfilled (after the initial order).

5.4 Vendor’s Stamp Price List.

6. SUBMISSION OF QUOTES: Firms shall submit one (1) written submission of their proposals to:

County of Rockbridge Amy Milliner, Procurement Coordinator 150 South Main Street Room # 211 Lexington, VA 24450 amilliner@rockbridgecountyva.gov

6.1 BID (QUOTE) DUE DATE: Quotes must be received by Thursday, January 25, 2024 at 2:00 PM EST.

7. GENERAL TERMS AND CONDITIONS

7.1 DEFINITIONS:

7.1.1 The terms “County”, “Rockbridge County, and “County of Rockbridge” shall all mean the County of Rockbridge, Virginia through the governing body, thereafter referred to as the “Rockbridge County Board of Supervisors”, “Board of Supervisors”, or the “Board”, or its agent(s) and/or representative(s). The Board and/or it’s designated representative(s) shall have general supervision and direction of the work.

7.1.1.1 The Rockbridge County “Agent” shall be the official with the authority to sign the Contract or Purchase Order on behalf of the County.

7.1.1.2 The Rockbridge County “Representative” shall mean one or more individuals authorized by the County to make inspections, observe progress, approve schedules and accept services under the terms of the Contract/Purchase Order. The County shall notify the contractor of the authorized representative(s) other than those indicated in this RWQ.

7.1.1.3 The Agent and Representative may or may not be the same individual(s).

7.1.2 The terms “Contractor” and “Bidder” shall mean the person, firm, or corporation submitting the written bid (quote) and named in the Contract.

7.1.3 The term “Subcontractor” shall mean those having a direct contract with the

Contractor.

7.2 APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the courts of appropriate jurisdiction of the Commonwealth, specifically in

Rockbridge County. The Contractor shall comply with all applicable federal, state and local laws, rules, regulations, and governing codes.

mailto:amilliner@rockbridgecountyva.gov

7.2.1 If the Contractor observes that the work is in violation of such laws, regulations, or governing codes as drawn or specified, the County shall be notified in writing and any resultant changes or cancellations shall be made as provided elsewhere in this document. If the Contractor performs any work knowing it to be contrary to such laws, regulations, rules or governing codes, and without such notice to the County, it shall bear all costs arising therefrom.

7.2.2 All applicable permits, fees, and/or licenses necessary for the performance and completion of the work shall be secured and paid for by the Contractor, as well as patent and/or user fees and royalties, unless otherwise specified.

7.2.3 All procedures shall be restricted to those established by the applicable industry as good practices and all equipment used shall be in a state of good repair throughout the term of the contract, as applicable.

7.3 ANTI-DISCRIMINATION: By submitting a proposal, all Bidders certify to Rockbridge

County that they shall 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 Section 2.2-4311 of the Virginia Public Procurement Act which provides:

7.3.1 During the course of this contract, the Contractor agrees as follows:

7.3.1.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause.

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

7.3.1.3 Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

7.3.2 The Contractor shall include the provisions of section 7.3.1.1, 7.3.1.2, and 7.3.1.3 above in every subcontract or purchase order over $10,000, so that the provisions shall be binding upon each Subcontractor or vendor.

7.4 ETHICS IN PUBLIC CONTRACTING: By submitting a proposal, all Bidders 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 Bidder, supplier, manufacturer, or Subcontractor in connection with their proposal; and that they have not conferred on any public employee having official responsibility a subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

7.5 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Proposer certifies that it does not, and will not during the performance of any contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and

Control Act of 986.

7.6 DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the

Commonwealth of Virginia.

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

7.7 ANTI-TRUST: By signing and submitting a bid/quote in response to this solicitation, the vendor conveys, sells, assigns, and transfers to the County of Rockbridge all rights, title and interest in and out 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 County, which is remedial in nature and is to be liberally construed by any court in favor of the County.

7.8 MANDATORY USE OF LOCAL FORMS AND TERMS AND CONDITIONS: Failure to submit a proposal on the local forms provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and

Conditions of the solicitation may be cause for rejection of the proposal; however, Rockbridge County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

7.9 CLARIFICATION OF TERMS: If any Bidder has questions about the specifications or other solicitation documents, the Bidder should contact the Procurement Coordinator at 540-463-1471 or amilliner@rockbridgecountyva.gov, no later than 14 working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

7.10 PRECEDENCE OF TERMS: The following General Terms and Conditions shall apply in all instances:

mailto:amilliner@rockbridgecountyva.gov

Section 7.2 APPLICABLE LAWS AND COURT

Section 7.3 ANTI-DISCRIMINATION

Section 7.4 ETHICS IN PUBLIC CONTRACTING

Section 7.5 IMMIGRATION REFORM AND CONTROL ACT OF 1986

Section 7.6 DEBARMENT STATUS

Section 7.7 ANTITRUST

Section 7.8 MANDATORY USE OF LOCAL FORMS AND TERMS AND

CONDITIONS

Section 7.9 CLARIFICATION OF TERMS

Section 9 METHOD OF PAYMENT

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.

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

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

7.12.1 Upon inspections, Rockbridge County shall have the authority to stop work whenever such stoppage may be necessary to insure the proper execution of the contract. It shall also have the authority to reject any, and all work that does not conform to the contract, to direct the application of forces to any portion of the work as in its judgment is required, and to decide questions which arise in the execution of the work.

7.12.1.1 The Contractor shall, at no additional charge to the County, promptly correct all work not accepted by The County of Rockbridge.

7.12.1.2 All corrections shall be to the satisfaction of the County prior to payment for that portion of the work.

7.12.2 The Board, its authorized representatives and/or agents, and all other federal state, and local agencies having an interest in the project, shall have access to the work throughout the term of the contract.

7.13 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the

Contractor/Vendor, in whole or in part, without the written consent of the County.

7.14 CHANGES TO THE CONTRACT: Changes may be made to the contract in any one of the following ways:

7.14.1 The County of Rockbridge may order changes within the general scope of the contract at any time by written notice to the Contractor. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred because of such order and shall give the County of Rockbridge a credit for any savings. Said compensation shall be determined in the following methods:

7.14.1.1 By mutual agreement between the parties in writing; or

7.14.1.2 By agreeing upon a unit price or using a 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 to be performed, subject to the County of Rockbridge’s right to audit the

Contractor’s records and/or determine the correct number of units independently.

7.14.2 Parties may agree in writing to modify the scope of the contract. An 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.

7.14.3 No-fixed price contract may be increased by more that 25 percent (25%) of the amount of the contract or $50,000, whichever is greater, without advance written approval from the Rockbridge County Board of Supervisors.

7.15 DEFAULT: In case of failure to perform work or deliver goods or services in accordance with the contract terms and conditions, Rockbridge County, after three (3) days of either oral or written notice, may procure such goods or services from other sources and hold the Contractor responsible for any additional purchase and administrative costs. This remedy shall be in addition to any other remedies the County of Rockbridge may have, and shall not be construed by the Contractor as a release of its obligations under the contract. Should the Contractor, in the judgment of the County, be found in default, Rockbridge County reserves the right to cancel the remaining portions of the Contract immediately; all work/data compiled thus far will be immediately transferred to the County.

7.16 INSURANCE: By signing and submitting a proposal under this solicitation, the

Bidder certifies that if awarded the contract, it shall have the following minimum insurance coverages in place at the time the work commences. Additionally, the Bidder shall maintain said insurance coverage during the entire term of the contract and that all insurance coverages shall be provided by insurance companies authorized to sell insurance in the Commonwealth of Virginia by the Virginia State Corporation

Commission.

7.16.1 Insurance Coverages and Minimum Limits Required:

7.16.1.1 WORKER’S COMPENSATION: Statutory requirements and benefits.

7.16.1.2 COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence and

$2,000,000.00 aggregate, if any. Rockbridge County is to be named as an additional insured with respect to the services being procured. This coverage is to include

Premises/Operations Liability, Products and Complete Operations Coverage, Independent Contractor’s Liability, Owner’s and Contractor’s Protective Liability, Owner’s and Contractor’s Protective Liability and Personal Injury Liability.

7.16.1.3 AUTOMOBILE LIABILITY: $1,000,000.00 per person, per accident, and

$2,000,000 aggregate, if any. Required only if a motor vehicle not owned by the County 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).

7.16.2 The work performed under this Contract in every respect shall be at the sole risk of the Contractor, except damage or injury caused directly by representatives or employees of the County.

7.16.3 Nothing in this Document shall be construed to relieve the Contractor of maintaining any other insurance that they may be legally obligated to maintain.

7.16.4 A certificate showing Bidder’s minimal coverages shall be included with the proposal.

7.17 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Procurement Coordinator will publicly post such notice on the County website (www.rockbridgecountyva.gov).

7.18 DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

7.18.1 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.

http://www.rockbridgecountyva.gov/

7.18.2 For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

7.19 NON-DISCRIMINATION 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, sexual orientation, gender identity, 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 County 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.

7.20 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Rockbridge County shall be bound hereunder only to the extent that the governing body has appropriated funds that are legally available or may hereafter become legally available for the purpose of any resulting agreement. It is anticipated that funds shall be available.

7.21 BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

7.21 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 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.

7.22 CIVILITY IN COUNTY WORKPLACES: The Contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

7.22.1 The Contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the

County workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

7.22.2 For purposes of this Section, “County workplace” includes any location, permanent or temporary, where a County employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations.

Communications are deemed to occur in a County workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a County workplace or is associated with a person who is a County employee.

7.22.3 The County of Rockbridge may require, at its sole discretion, the removal and replacement of any Contract Worker who the County reasonably believes to have violated this Section.

7.22.4 This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the County and not by employees or other third parties.

7.23 BID (QUOTE) PREPARATION COSTS: All expenses incurred by the Contractor in preparation and submission of this Proposal are to be borne by the Contractor, with the express understanding that no claims for reimbursements against the County will be accepted. The County shall not be responsible for any costs involved in or associated with any meetings, discussion, or negotiation following submission that could lead to acceptance of the Proposal and award of a contract.

8. SPECIAL TERMS AND CONDITIONS:

8.1 AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the County, whichever is sooner. The agency, its authorized agents, and/or County auditors shall have full access to and the right to examine any of said materials during said period.

8.2 AWARD: An award will be made to the lowest responsive and responsible Bidder.

Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The County reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

8.3 CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon thirty (30) days written notice to the contractor. In the event the initial contract period is for more than twelve (12) months, the resulting contract may also be terminated by the

Contractor, without penalty, after the initial twelve (12) months of the contract period upon thirty (30) 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.

8.4 RENEWAL OF CONTRACT: This contract may be renewed by the County upon written agreement of both parties for two (2) successive, two (2)-year periods, under the terms of the current contract, and at a reasonable time - (approximately thirty (30) days) prior to the expiration.

8.5 INDEMNIFICATION: To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the County of Rockbridge, its Officers, agents and employees from any claims, damages, and actions of any kind, whether at law, or in equity, arising from or caused by the use of any materials, goods, services or equipment, of any kind, or nature provided by the Contractor, or any act of the Contractor and/or its officers, employees or agents, provided that such liability is not attributable to the sole negligence of the County or failure of the County rto use the materials, goods, services or equipment in the manner already and permanently described by the Bidder on the materials, goods, services, or equipment delivered.

8.6 OBLIGATION OF THE BIDDER: By submitting a bid (quote), the Bidder certifies that they have inspected the solicitation document, are aware of the work to be performed, and familiar with the sites and the conditions under which the work must be accomplished. The obligation is fully understood by the Bidder and they shall not make any claim for, nor have a right to cancellation or relief from the contract because of any misunderstanding or lack of information.

8.6.1 The Bidder understands that it is the intent of these documents that the work be completely performed in every respect, and that no additional compensation shall be allowed for minor tasks necessary to perform completely the work.

8.6.2. Should any work or materials be required which are not detailed in the Scope of

Service, either directly or indirectly, but which are nevertheless necessary for the proper carrying out of the County’s intent thereof, the Contractor is to understand the same to be implied and required, and shall perform all such work and furnish any such materials as fully as if they were particularly delineated and described.

8.7 PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this Contract of its forces and all Subcontractors utilized, using the best skill and attention possible. The Contractor agrees that they are fully responsible for the acts and omissions of their own employees and the acts and omissions of all Subcontractors and of persons employed by them.

8.8 REFERENCES: Bidders must provide a list of at least three (3) references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

8.9 STATE CORPORATION COMMISSION (SCC) 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 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 General Information Form provided.

8.10 SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of Rockbridge County. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the

County the names, qualifications, and experience of their Subcontractors, and any other information requested by Rockbridge County. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure full compliance with all requirements of the Contract.

8.11 CONDITIONS FOR USE: The County may participate in, sponsor, conduct or administer a cooperative procurement agreement with one or more other public bodies for the purpose of combining requirements to increase efficiency or reduce administrative expenses. Any public body which enters into a cooperative procurement agreement with the County shall comply with the policies and procedures adopted by the Rockbridge County Purchasing System Resolution (access local policy using hyperlink below).

http://www.co.rockbridge.va.us/DocumentCenter/View/1032/RC-Procurement-

Document-2015-08-24?bidId=

8.12 COOPERATIVE PROCUREMENT: The County is conducting this procurement in accordance with the Rockbridge County Purchasing System Resolution. If agreed to by http://www.co.rockbridge.va.us/DocumentCenter/View/1032/RC-Procurement-Document-2015-08-24?bidId= http://www.co.rockbridge.va.us/DocumentCenter/View/1032/RC-Procurement-Document-2015-08-24?bidId= the Contractor, other Virginia public bodies may utilize the resultant contract. The

Contractor shall deal directly with the public body it authorizes to use the resultant contract. Rockbridge County, 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 the County, its officials, or staff be responsible for any costs, damages, or injury resulting to any party from use of a County of Rockbridge contract. The County presumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the

Contractor may conduct such notification.

8.12.1 With the approval of the Contractor, any public body using the resultant contract has the option of executing a separate contract with the Contractor to add terms and conditions required by statute, ordinance, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations.

9. METHOD OF PAYMENT:

9.1 PAYMENT TERMS: Invoices shall be submitted to the County monthly for work satisfactorily completed.

9.1.1 INVOICES: Invoices for services provided and/or work performed shall be submitted by the Contractor directly to the Commissioner of Revenue. All invoices shall include at minimum, the RFWQ number; the federal employer identification number (for proprietorships, partnerships, and corporations), name and address of Contractor, current billing cycle, description of work completed during the billing cycle, invoice date, invoice number, and payment due date.

9.1.2 PAY REQUESTS: All requests for payment must be received by the Finance

Department no later than the last business day of each month for expected payment no later than the last business day of following month.

9.1.2.1 Invoices and supporting documentation shall be approved and/or corrected by the Contact Representative prior to being processed for payment.

9.1.2.2 The County Administrator, Contract Representative, or other designee shall notify the Contractor, in writing, of any disputed portions of the request, the amount of payment the County intends to withhold, and the reason.

9.1.2.3. The Contractor shall, within thirty (30) days, of receipt of such notice provide all additional documentation and pertinent records, as the County may deem necessary to satisfy itself that the disputed portions of the pay request are valid. The County shall render its decision regarding the validity of the disputed portions of the pay request within thirty (30) days of receipt of such documentation and records from the Contractor.

If the requested documentation and records are not received within the period indicated above, the initial decision of the County regarding disputed amounts shall become final.

9.1.2.3.1 The County shall not pay interest on disputed amounts withheld, even if the request is eventually found to be legitimate.

9.1.2.4 Payments for undisputed portions of the pay request shall not be withheld while the dispute is being resolved, unless the County Administrator, Contract Representative, or other designee determines such action is necessary to protect the interests of the

County.

9.1.3 The Contractor awarded a contract under this solicitation is hereby obligated:

9.1.3.1 To pay all Subcontractors within seven (7) days of the Contractor’s receipt of payment from Rockbridge County for the proportionate share of the payment received for work performed or materials supplied by the Subcontractor(s) under the contract and to provide written certification to Rockbridge County that such obligations have been met; or

9.1.3.2 To notify Rockbridge County and the Subcontractor(s), in writing, of the

Contractor’s intention to withhold payments and the reason.

9.1.4 The Contractor is obligated to pay the Subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from Rockbridge County, except disputed amounts as stated in 9.1.2.3 above.

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 shall not be construed to be an obligation of Rockbridge County. Failure to comply, however, may affect the Contractor’s qualification for future proposals.

9.1.5 If at any time there should be evidence of any lien or claim for which the County might become liable, which is chargeable to the Contractor, the County shall have the right to retain out of any payments then due, or thereafter to become due the Contractor, an amount sufficient to completely indemnify the County against such lien or claim, and if such lien or claim be valid, the County may pay and discharge the same, and deduct the amount so paid from any moneys which may be or may become due and payable to the Contractor.

APPENDIX A: General Information and Bid Form (COVER SHEET) (All information to be typewritten or in ink)

Business Name:

Business Address:

Payment Address, if different from above:

Business Telephone Number:

Toll Free Number, if any:

Business Fax Number:

Website Address, if any:

Federal Taxpayer Number (EIN/TIN):

State Corporation Commission Number:

Individual Responsible for Proposal (print name):

Authorized Representative Printed Name:

Authorized Representative Signature/Date:

Authorized Representative Title:

Authorized Representative Email Address:

Liability Insurance Coverage

Insurance Carrier:

Policy No.:

Agent/Producer:

Telephone No.:

Detailed and Itemized Pricing

The Work/Services is to be completed in a substantial and workmanlike manner using the fee breakdown:

Work/Services:

Attach signed pricing schedule.

APPENDIX A: General Information and Bid Form (cont’d)

TYPE OF BUSINESS: (Please check all applicable classifications)

__ Large.

__ Small. A concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is contracting and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria, as prescribed by the United States Small Business Administration.

__ Minority-Owned. A business enterprise that is owned and controlled by one or more socially and economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause.

Such persons include, but are not limited to Blacks, Hispanic Americans, Asian Americans, American Indians, Eskimos, and Aleuts.

__ Women-Owned. A business enterprise that is at least 51 percent owned by a woman or women who also control and operate it. In this context, "control" means exercising the power to make policy decisions, and "operate" means being actively involved in the day-today management.

By submitting a bid, the Bidder certifies to comply with the identified specifications and/or provisions in RFWQ # 2023.12.001 and any addenda.

NOTE: A copy of Bidder’s certificate of liability insurance must be attached to this form to receive consideration. Failure to do so may result in Bidder being considered non-responsive.

ATTACHMENT 1: Cigarette Tax Stamp Contracted Service Template

THIS CIGARETTE TAX STAMP CONTRACTED SERVICE AGREEMENT, made and entered into this _____ day of __________, 2023, by and between the COUNTY OF

ROCKBRIDGE, VIRGINIA, a political subdivision of the Commonwealth of Virginia

(hereinafter referred to as "the County"), and _____________________________

(hereinafter referred to as "_________________" or "the CONTRACTOR").

WITNESSETH:

WHEREAS, the COUNTY issued a Request for Unsealed Written Bids/Quotes on

December 26, 2023 to establish an agreement for the production of cigarette tax stamps, and received unsealed bids/quotes in accordance with Section 4-106 of the Rockbridge

County Public Procurement Policy; and

WHEREAS, the lowest responsive and responsible Bidder for producing cigarette tax stamps for the County is ________________; and

WHEREAS, the Rockbridge County Board of Supervisors at its meeting held on the _____ day of _________, 2023, awarded the Cigarette Tax Stamp Contracted

Service Agreement to ____________________; and

WHEREAS, the COUNTY and _________________ hereby mutually agree that they shall be bound by this Agreement, and the specifications, terms and conditions which are attached hereto and incorporated herein by reference.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

COUNTY and __________ mutually agree as follows:

ARTICLE 1 THE CONTRACT DOCUMENTS

§1.1 The CONTRACTOR shall complete the Work/Services described in the Contract Documents, which represent the entire and integrated agreement between the parties hereto. The Contract Documents are enumerated as follows:

.1 this Agreement signed by the COUNTY and the CONTRACTOR;

.2 the Request for Unsealed Written Bids/Quotes (the “RFWQ”) issued

December 26, 2023 – Attachment A

.3 Certificate of Insurance – Attachment B

.4 CONTRACTOR’s Written Bid/Quote (the “Written Quote”) submitted

January 25, 2024 – Attachment C

.5 The following which may be delivered or issued on or after the Effective

Date of the Agreement and are not attached hereto:

(i) Notice to Proceed

(ii) Modifications

(iii) Amendments to this Agreement

In the event of a conflict between or among the provisions of this Agreement and the provisions of the documents incorporated into this Agreement as attachments, the provisions of this Agreement shall take precedence. In the event of a conflict between the provisions of the attachments, the conflict shall be resolved by reference to the attachments in the order specified above.

§1.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

ARTICLE 2 SCOPE OF WORK/SERVICES

The term “Work” or “Services” means the services required by the Contract Documents, and includes all of the deliverables, expertise, labor, materials, equipment and other services provided, or to be provided, by the CONTRACTOR to fulfill the CONTRACTOR’s obligations. The “Work” or “Services” shall include all work as specified in Section 4. SCOPE OF SERVICES, of the Request for Unsealed Written Bids (Quotes) (Attachment A) and in the CONTRACTOR’s Proposal (Attachment C), all of which are attached hereto and made part of this Contract.

ARTICLE 3 TERM OF CONTRACT/AGREEMENT

§3.1 The term during which CONTRACTOR shall provide Services hereunder shall commence on the date first written above and continue for twenty-four (24) months, unless earlier terminated pursuant to this Contract ("Initial Term").

§3.2 The County reserves the right to renew the Contract for two (2) successive two-year periods under the same terms and conditions as the Initial Term upon mutual agreement of the parties.

§3.3 The County will provide the CONTRACTOR with written notice of intent to renew the Contract no later than thirty (30) days before the expiration date of the then current contract term. Failure to give such notice will not constitute a breach of this Contract.

The notice will not be deemed to commit the County of Rockbridge to a Contract renewal.

ARTICLE 4 CONTRACT SUM

§4.1 Subject to additions and deductions in accordance with Article 9, the Cigarette Tax Stamp Contracted Service Sum shall be:

§4.2 The Contract Sum shall include all labor, parts, materials and all incidentals required and/or implied for the complete and satisfactory performance of the Work/Services.

ARTICLE 5 PAYMENT

§5.1 Based on CONTRACTOR’s Application for Payment approved by the COUNTY’s Representative, the COUNTY shall pay the CONTRACTOR as follows:

Application for Payment for Work completed during the previous thirty (30) days, must be submitted on or before the last business day of any month to ensure payment within thirty (30) days of submittal; in the event the Application for Payment is received after the last business day of the month, payment by the COUNTY will not be due and payable for a period of forty-five (45) days.

§5.2 Such Application for Payment shall be supported by data substantiating the CONTRACTOR’s right to payment as the COUNTY may reasonably require. The CONTRACTOR warrants that title to all Work covered by an Application for Payment will pass to the COUNTY, and that all Work is free and clear of liens, claims, security interests or other interests or encumbrances adverse to the COUNTY’s interests, no later than the time of payment.

§5.3 The County reserves the right to withhold any or all payments or portions thereof for CONTRACTOR's failure to perform in accordance with the provisions of this Contract.

If the County disputes all or any portion of an invoice, then the County may elect to pay CONTRACTOR only the amount not in dispute, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. CONTRACTOR shall provide complete cooperation during any such investigation.

§5.4 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at six percent (6%) per annum.

§5.5 Payment by the County towards invoices does not mean or imply that the goods or services have been accepted and does not impair or limit in any way the County's full rights and remedies as set forth herein, at law or in equity.

ARTICLE 6 INSURANCE

§6.1 The CONTRACTOR shall, at its sole expense, obtain and maintain during the life of this Agreement the general liability and other insurance policies and/or coverages as follows:

Worker’s Compensation Statutory requirements

Commercial General Liability

Bodily Injury $1,000,000 per occurrence $2,000,000 aggregate, if any

Property Damage $1,000,000 per occurrence

Comprehensive Automobile Liability Insurance Bodily Injury $1,000,000 per person

$1,000,000 per accident

Property Damage $1,000,000 per occurrence

CONTRACTOR shall provide to the COUNTY a Certificate of Insurance from a carrier(s) acceptable to the COUNTY, evidencing the coverage in the minimum limits set forth above, or equivalent coverage such as through Umbrella Liability coverage, said Certificate to be attached hereto as Attachment B and incorporated herein by reference.

In addition, the CONTRACTOR will provide a separate endorsement (1) naming the COUNTY as an additional insured for the Commercial General Liability and Automobile Liability Policies, which shall include owned, non-owned and hired car coverage; and (2) assurance that the insurer will provide the COUNTY thirty (30) days’ notice of policy cancellation [10 days for non-payment].

§6.2 If the CONTRACTOR’s insurance is issued on a "claims made" basis, the CONTRACTOR must comply with the following additional conditions. The limits of liability as described previously in these provisions shall remain the same. The CONTRACTOR must either:

.1 Agree to provide certificates of insurance evidencing the above coverage for a period of two (2) years after final payment under this Agreement for all policies. This certificate shall evidence a "retroactive date" no later than the commencement of the CONTRACTOR’s work under this Agreement, or .2 Purchase the extended reporting period endorsement for the policy or policies in force during the term of this Agreement and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

§6.3 Unless specifically precluded by the COUNTY’s property insurance policy, the COUNTY and CONTRACTOR waive all rights against (1) each other and any of their CONTRACTORs, subcontractors, suppliers, agents and employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work.

§6.4 CONTRACTOR will be responsible for insuring its equipment or other property against damage or loss from any cause whatsoever.

ARTICLE 7 COUNTY

§7.1 COUNTY COMMITMENTS

The COUNTY will ensure that staff is available for interviews, meetings, information gathering, and/or training to allow the CONTRACTOR to meet its obligations under this Agreement.

§7.2 COUNTY’S RIGHT TO STOP THE WORK

If the CONTRACTOR fails to correct Work which is not in accordance with the Contract Documents, the COUNTY may direct the CONTRACTOR in writing to stop the Work until the correction is made.

§7.3 COUNTY’S RIGHT TO CARRY OUT THE WORK

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the COUNTY to commence and continue correction of such default or neglect with diligence and promptness, the COUNTY may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the CONTRACTOR.

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