Solicitation Copy 408308.pdf

Solicitation 408308

HRSD Procurement Office Page 1 of 39

Solicitation 408308

Title Ammonium Sulfate Blanket Purchase Agreement - OPS Due Date 05-OCT-2026 14:30:00 Award Date Not Specified

Time Zone Eastern Time

Please submit your response online only:

Organization HRSD Purchaser Solano, Dominique-Venus

Phone (757) 460-7316 Email dsolano@hrsd.com

Responses shall only be accepted online through Hampton Roads Sanitation District 's (HRSD) Oracle ERP system "iSupplier Portal" by the due date and time specified. Late responses and other types of responses shall not be accepted.

HRSD Procurement Office Page 2 of 39

Table of Contents

1 Header Information

1.1 General Information

1.2 Terms

1.3 Requirements

1.4 Attachments

2 Price Schedule

2.1 Line Information

2.2 Line Details

2.2.1 Line 1

2.2.2 Line 2

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1 Header Information

1.1 General Information

Title Ammonium Sulfate Blanket Purchase Agreement - OPS

Description Contractor shall supply all labor, materials, equipment and transportation necessary to furnish and deliver Ammonium Sulfate, 38-40% solution to multiple HRSD facilities on an as needed basis. All shall be in accordance with the Submittal Requirements, Chemical Data & Price Sheet, Scope of Work, Specifications (includes user locations and individual usage), Terms and Conditions contained herein. EQUALS SHALL NOT BE ACCEPTED.

Due Date 05-OCT-2026 14:30:00 Award Date Not Specified Purchaser Solano, Dominique-Venus

Email dsolano@hrsd.com

1.2 Terms

Effective Start Date 01-NOV-2026 Effective End Date 31-OCT-2027

Ship-To Address Reference Scope of Work Reference HRSD's Scope of Work/Statement of Needs Virginia Beach, VA 23455 United States

Bill-To Address Accounts Payable

PO BOX 5915

Virginia Beach, VA 23471-0915 United States

Payment Terms Net 30 Carrier Best Way FOB Destination Freight Terms Freight Prepaid

Total Agreement Amount (USD)

Not Specified Minimum Release Amount (USD)

Not Specified

1.3 Requirements

General Information Number of year's business has been in operation?

Value Type Numeric Value only Provide your answer below

Number of Employees?

Value Type Numeric Value only Provide your answer below

Number of year's experience providing/servicing same or similar goods/services?

Value Type Numeric Value only

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General Information Provide your answer below

Reference - 1 1 - Name of Firm

Provide your answer below

1 - Address

Provide your answer below

1 - Contact Name

Provide your answer below

1 - Title

Provide your answer below

1 - Phone

Provide your answer below

1 - Email

Provide your answer below

HRSD Procurement Office Page 5 of 39

Reference - 1

1 - Describe the goods and/or services that were provided.

Provide your answer below

1 - State the start and completion date of services provided.

Provide your answer below

Reference - 2 2 - Name of Firm

Provide your answer below

2 - Address

Provide your answer below

2 - Contact Name

Provide your answer below

2 - Title

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Reference - 2

2 - Phone

Provide your answer below

2 - Email

Provide your answer below

2 - Describe the goods and/or services that were provided.

Provide your answer below

2 - State the start and completion date of services provided.

Provide your answer below

Reference - 3 3 - Name of Firm

Provide your answer below

3 - Address

HRSD Procurement Office Page 7 of 39

Reference - 3

3 - Contact Name

Provide your answer below

3 - Phone

Provide your answer below

3 - Email

Provide your answer below

3 - Describe goods and/or services that were provided.

Provide your answer below

3 - State start and completion dates for services provided.

Provide your answer below

Reference - 4 4 - Name of Firm

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Reference - 4

4 - Address

Provide your answer below

4 - Contact Name

Provide your answer below

4 - Title

Provide your answer below

4 - Phone

Provide your answer below

4 - Email

Provide your answer below

4 - Describe goods and/or services that were provided.

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Reference - 4

4 - State the start and completion date of services provided.

Provide your answer below

Proof of Authority to Transact Business in Virginia

Pursuant to Virginia Code 2.2-4311.2, a Bidder/Offeror must provide their State Corporation Commission (SCC) number on the below line otherwise you must state why your firm is not required to have a (SCC) number. Any bidder/offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the Procurement Office. If this bid/proposal for goods or services is accepted by HRSD, the undersigned agrees that the requirements of the Code of Virginia Section 2.2-4311.2 have been met. Please complete the following by providing the requested information.

Type No Response Required Please supply your company's Identification Number that has been issued by the State Corporation Commission (SCC) if you do not have one please enter N/A and complete the below questions.

Provide your answer below

Bidder/Offeror is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

Circle one from the response values below:

Yes N/A

Bidder/Offeror is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia(not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Bidder/Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Bidder/Offeror's out-of-state location.

Circle one from the response values below:

Yes N/A

Bidder/Offeror is an out-of-state business entity that is including with this bid/proposal an opinion of legal counsel which accurately and completely discloses the undersigned Bidder's/Offeror's current contracts with Virginia and describes why those contracts do not constitute the transaction of business in Virginia within the meaning of 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

Attach opinion to your response for this solicitation.

Circle one from the response values below:

Yes

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Proof of Authority to Transact Business in Virginia N/A

Bidder/Offeror does not have an Identification Number issued to it by the SCC and such Bidder/Offeror is not required to be authorized to transact business in Virginia by the SCC. Please state the reason(s) or enter N/A if this does not apply to your company.

Provide your answer below

Answer YES if you have not completed any of the foregoing options but currently have pending before the Virginia SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids/proposals(HRSD reserves the right to determine in its sole discretion whether to allow such waiver).

Circle one from the response values below:

Yes N/A

Provide Legal Name of Company (as listed on W-9)

Provide your answer below

Bidders/Offerors Certification By the submission of this online response, the Bidder/Offeror is duly authorized to bind the company and is familiar with all aspects of the bid/proposal and fully meets the requirements found in this solicitation.

Circle one from the response values below:

Yes Chemical Requirements

Certificate of Chemical Analysis for each chemical

Circle one from the response values below:

Yes No N/A

Certificate of Insurance- (Sample copy shall be acceptable with submittal)

Circle one from the response values below:

No Yes

Technical Chemical Specifications (complete specifications from chemical manufacturer)

Circle one from the response values below:

Yes No N/A

Please attach a copy of your company's Emergency/Priority Delivery Service Policy. Describe, in detail, your company's guaranteed 24-hour priority delivery service policy to be utilized in emergency situations.

HRSD Procurement Office Page 11 of 39

Chemical Requirements

Circle one from the response values below:

Yes No N/A

Describe, in general, your company's Emergency Chemical Spill Response Program concerning a chemical spill at time of delivery at a HRSD facility.

Circle one from the response values below:

Yes No N/A

Please attach a copy of your company's Hurricane Readiness/Recovery Plan, describe in detail, your company's response plan to be utilitzed in the event of hurricane conditions. Include your existing plan for an alternate power source and back up distribution/production facilities available for your company's continued operations. Provide all back up distribution/production facilities including addresses and phone numbers.

Circle one from the response values below:

Yes No N/A

What is the average turnaround time for receiving chemical deliveries?

Provide your answer below

Provide after hours emergency contacts and phone numbers.

Provide your answer below

Safety Data Sheet/s

Circle one from the response values below:

No Yes

1.4 Attachments

Name Data Type Description Chemical Data & Price Sheet File TO BE SUBMITTED ONLINE Scope of Work File Chemical SOW Specifications File Chemical Specifications

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2 Price Schedule

2.1 Line Information

Line Item, Rev / Job

Target Quantity (N/A)

Unit Unit Price Amount Bid Minimum Release Amount

1 LUMP SUM: 1,000

Gal Size Ammonium Sulfate, 38-40% Solution, delivered price

2 LUMP SUM: 330

Gal IBC Tote size Ammonium Sulfate, 38-40% Solution, delivered price

2.2 Line Details

2.2.1 Line 1 LUMP SUM: 1,000 Gal Size Ammonium Sulfate, 38-40% Solution, delivered price Shopping Category Requisition Use Only NIGP Code

(CURRENCY_COD

E=USD)

Not Specified

Minimum Release Amount (USD)

Not Specified

Estimated Total Amount (USD)

Not Specified

Note Bidder shall insert the wet lb. extended price totals from the Chemical Data & Price Sheet

2.2.2 Line 2 LUMP SUM: 330 Gal IBC Tote size Ammonium Sulfate, 38-40% Solution, delivered price

Shopping Category Requisition Use Only NIGP Code

(CURRENCY_COD

E=USD)

Not Specified

Minimum Release Amount (USD)

Not Specified

Estimated Total Amount (USD)

Not Specified

Note Bidder shall insert the wet lb. extended price totals from the Chemical Data & Price Sheet

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Terms and Conditions

Table of Contents

Terms and Conditions

I. PURPOSE

A. Purpose

II. SCOPE OF WORK/DESCRIPTION OF ITEMS

A. Scope of Work/Description of Items

III. PRE-BID CONFERENCE/INSPECTION OF JOBSITE

A. Pre-Bid Conference/Inspection of Jobsite

IV. SOLICITATION INSTRUCTIONS

A. Instructions to Bidders B. Solicitation Inquiries C. Submittal of Responses D. Technical Assistance E. Receipt and Opening of Solicitations

V. GENERAL TERMS AND CONDITIONS

A. Announcement of Award B. Anti-Discrimination C. Anti-Trust D. Applicable Law and Courts E. Assignment of Contract F. Authorization to Transact Business in Virginia G. Availability of Funds H. Changes I. Clarification of Terms J. Contract Documents K. Debarment Status L. Default M. Discounts N. Disputes O. Drug-Free Workplace P. Ethics in Public Contracting Q. Faith-based Organizations R. Forced or Indentured Child Labor S. HRSD Procurement Policy T. Immigration Reform and Control Act of 1986 U. Indemnification V. Informality W. Invoices/Payment X. Mandatory Use of HRSD Form and Terms and Conditions Y. Minority Owned Businesses Subcontracting and Reporting Z. Non-Publicity AA. Precedence of Terms AB. Qualifications of Bidders/Offerors AC. Taxes

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AD. Testing/Inspection AE. Title VI Civil Rights Obligations AF. Virginia's Freedom of Information Act (FOIA) AG. Withdrawal or Modification of Responses Prior to Due Date

VI. SPECIAL TERMS AND CONDITIONS

A. Audit B. Award of Contract C. Bid Prices D. Bid Acceptance Period E. Cancellation of Contract F. Confidentiality G. Contaminated/Substandard Product H. Continuity of Services I. Contract Period J. Contractor Experience K. Contractor's Title to Materials L. Definitions M. Delivery N. Emergency Delivery Service O. Errors in Bids P. Federally Imposed Tariffs Q. Hazardous Chemical Communication Program R. Insurance S. Labeling of Hazardous Substances T. Laws and Regulations U. Negotiation with the Lowest Bidder V. Preparation and Submission of Bids W. Price Escalation/De-Escalation X. Prime Contractor Responsibilities Y. Product Analysis Z. Product Information AA. Projected Usages AB. Protection of Persons and Property AC. Quantities AD. References AE. Response Time AF. Safety Data Sheets AG. Specifications AH. Spillage and Service AI. Subcontractors AJ. Superintendence by Contractor AK. Termination for Cause AL. Termination for Convenience AM. Transportation Worker Identity Credentials and Virginia Port Authority Requirements AN. Use of Contract by Other Public Bodies AO. Use of Premises and Removal of Debris AP. Work Hours AQ. Work Site Damages

VII. METHOD OF PAYMENT

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A. Method of Payment

VIII. PRICING

A. Pricing

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Terms and Conditions

I. PURPOSE

A. Purpose

The purpose of this Invitation for Bid, IFB #408308, is to solicit sealed bids to establish a contract through competitive bidding for Ammonium Sulfate, 38-40% solution.

II. SCOPE OF WORK/DESCRIPTION OF ITEMS

A. Scope of Work/Description of Items

The Contractor shall supply and deliver Ammonium Sulfate, 38-40% solution in accordance with the general terms and conditions, special terms and conditions, and specifications.

III. PRE-BID CONFERENCE/INSPECTION OF JOBSITE

A. Pre-Bid Conference/Inspection of Jobsite

A pre-bid conference/inspection of job site is not a requirement for this Invitation for Bid.

IV. SOLICITATION INSTRUCTIONS

A. Instructions to Bidders

This is an HRSD Invitation for Bid solicitation for sealed bids to establish a contract through competitive bidding for the requested goods/services. THIS IS NOT AN ORDER.

B. Solicitation Inquiries

Please direct all questions concerning this solicitation to the HRSD Procurement Office Purchaser indicated in the solicitation. Direct contact with HRSD departments, other than the Procurement Office, concerning this solicitation is prohibited. HRSD disclaims any responsibility for documents distributed by other parties. Any changes to this solicitation shall be issued from HRSD's Procurement Office through HRSD's Online Oracle ERP system.

C. Submittal of Responses

HRSD only accepts responses submitted online through HRSD's Online Oracle ERP system. Failure to submit a response through HRSD's Online Oracle ERP system will be rejected by HRSD. It is the responsibility of the Bidder to assure that their response is submitted in HRSD's Online Oracle ERP system prior to the due date and

HRSD Page 17 of 39 time. All times listed in the HRSD solicitation are Eastern Standard Times. Late responses shall not be accepted.

HRSD shall not be responsible for late or lost responses due to an improper online submittal by Bidder.

D. Technical Assistance

If you experience difficulties logging into your account or using HRSD's Oracle ERP system, please contact the help desk at erphelp@hrsd.com for assistance.

E. Receipt and Opening of Solicitations

Online responses received will be opened at the HRSD Department of Finance Procurement Office, 1434 Air Rail Ave., Virginia Beach, VA 23455 at the time stated in the solicitation. For Request for Quote and Invitation for Bid, Bidders' names and prices will be made public for the information of Bidders and others interested who may be present either in person or by representative. For Request for Proposal and Request for Technical Proposals, only the Offerors' names shall be made public. The official or agent of HRSD, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any official or agent for the premature opening of a response not properly submitted. No decisions relating to an award of a contract shall be made at the solicitation opening.

V. GENERAL TERMS AND CONDITIONS

A. Announcement of Award

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, results will be available on HRSD'S web site (https://erpprodext.hrsd.com:4443).You must log in to the system to view this information otherwise you can find a list of all awards located on HRSD's website under Procurement Public Notices at https://www.hrsd.com/bids-and-rfps.

B. Anti-Discrimination

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

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

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1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, status as military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services at HRSD and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

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

C. Anti-Trust

By entering into a contract, the Contractor conveys, sells, assigns, and transfers to HRSD all rights, title and interest in and to all causes of the 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 HRSD under said contract.

D. Applicable Law and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. HRSD 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

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Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

E. Assignment of Contract

The Contractor may not assign, in whole or in part, the Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of HRSD, which consent may be withheld at the sole and absolute discretion of HRSD. For the purposes of the Contract, the term "assign" shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company. Any assignment consented to by HRSD shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned.

F. Authorization to Transact Business in Virginia

By submitting a response to HRSD a contractor organized as a stock or non-stock 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.

G. Availability of Funds

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

H. Changes

By written notice to the Contractor, HRSD may from time to time make changes, within the general scope of the contract, in the goods or services to be provided by the Contractor, the method of shipment or packing, or the place of delivery or the place of performance. The Contractor shall promptly comply with the notice and shall make all subsequent shipments of goods and performance of services in conformity to the notice. If any such change causes an increase or decrease in the Contractor's cost of performance or the time required for performance, an equitable adjustment in the contract price and/or the time allowed for performance of the contract shall be negotiated and the contract modified accordingly by written supplemental agreement. Any claim by the Contractor for adjustment under this clause must be asserted by written notice to the purchasing agent within (30) days from the date of receipt by the Contractor of the change notice. If the parties fail to agree to an adjustment, the question of an increase or decrease in the contract price or time allowed for performance shall be resolved in accordance with the procedures for resolving disputes provided by the disputes clause of the contract. Neither the existence of a claim, a dispute, submission of the dispute to HRSD resolution process, HRSD Page 20 of 39 litigation or any portion of this provision or changes shall excuse the Contractor from promptly proceeding with performance of the contract as changed by the notice.

I. Clarification of Terms

It shall be the responsibility of the Bidders/Offerors to examine the entire contents of the solicitation. If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror should contact the Procurement Official whose name appears on the face of the solicitation prior to the due date. Any revisions to the solicitation will be made only by an amendment issued by the Procurement Office.

J. Contract Documents

The Contract entered into by the parties shall consist of the online submittal by the Contractor through HRSD's online procurement system, HRSD's Purchase Order, General and Special Terms and Conditions, the Specifications with drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

Bidders are advised that HRSD does not sign standard contract forms which may be used by the Bidder. Your online submittal certifies the Bidder is an agent or officer authorized to bind the company to the terms and conditions of this solicitation.

K. Debarment Status

By submitting their response, Bidders/Offerors certify that they are not currently debarred by HRSD or the Commonwealth of Virginia from submitting responses on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

L. Default

In case of failure to deliver goods or services in accordance with the contract terms and conditions, HRSD, after due oral and 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 HRSD may have.

M. Discounts

Payment discounts shall be considered at time of payment but will not be an award factor.

N. Disputes

Contractual claims, whether for money or other relief, shall be submitted in writing to the issuing procurement

HRSD Page 21 of 39 office no later than sixty (60) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence of beginning of the work upon which the claim is based. Nothing herein shall preclude a contractor from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payments (Code of Virginia). A contractor may not institute legal action prior to receipt of the procurement office's decision on the claim, unless that office fails to render such decision within thirty (30) days. The decision of the procurement office shall be final and conclusive unless the contractor, within six months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia.

O. Drug-Free Workplace

During the performance of this Contract, Supplier agrees to (i) provide a drug-free workplace for Supplier'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 Supplier'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 Supplier that Supplier 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.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with the specific Contract awarded to Supplier, 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.

P. Ethics in Public Contracting

By submitting their response, all Bidders/Offerors certify that their responses are made without collusion or fraud and that they have not offered or received any kickbacks or inducement from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their solicitation/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.

Q. Faith-based Organizations

HRSD does not and shall not discriminate against faith-based organizations.

R. Forced or Indentured Child Labor

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime

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Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or supplier.

For the purposes of this section, "forced or indentured child labor" means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

S. HRSD Procurement Policy

This solicitation is subject to the provisions of HRSD's Procurement Policy, and any revisions thereto, which are hereby incorporated into this contract in their entirety. The policy is available at https://www.hrsd.com/sites/default/files/assets/Documents/pdfs/CommissionPolicies/ProcurementPolicy2025.pd f

T. Immigration Reform and Control Act of 1986

By submitting their response, Bidders/Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

U. Indemnification

Contractor agrees to indemnify, defend and hold harmless HRSD, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods, or equipment delivered.

V. Informality

HRSD reserves the right to waive informalities. Informality is a minor defect or variation of a solicitation or proposal from the exact requirements of the request, which does not affect the price, quality, and quantity or delivery schedule for the goods, services or construction being procured. The Director of Procurement's decision shall be final.

W. Invoices/Payment

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to HRSD per the "Method of Payment" section of the solicitation. All invoices shall

HRSD Page 23 of 39 show the HRSD contract number and or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. This shall not affect solicitations/proposals of discounts for payment in less than thirty (30) days.

c. All goods or services provided under this contract shall be billed by the Contractor at the contract price.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail.

2. To Subcontractors:

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

i. To pay the subcontractor(s) within seven (7) days of the Contractor's receipt of payment from HRSD for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or ii.To notify the HRSD Procurement Office and the subcontractor(s), in writing, of the Contractor's intention to withhold payment and the reason. Notification to be made within seven (7) days of the Contractor's receipt of payment from HRSD.

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 HRSD, except for amounts withheld as stated in section (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 HRSD.

X. Mandatory Use of HRSD Form and Terms and Conditions

Modification of or additions to any portion of the solicitation may be cause for rejection of the response;

however, HRSD reserves the right to decide on a case by case basis, in its sole discretion, whether or not to reject a response as non-responsive.

Y. Minority Owned Businesses Subcontracting and Reporting

Where it is practical for any portion of the awarded contract to be subcontracted to other suppliers, the Contractor is encouraged to offer such business to minority businesses. Names of such firms may be available

HRSD Page 24 of 39 from the Procurement Officer. When such business has been subcontracted to these firms and upon completion of the contract, the Contractor agrees to furnish the Procurement Office the following information: name of firm, phone number, total dollar amount subcontracted and type of product/service provided.

Z. Non-Publicity

Neither the Supplier/Consultant, nor any of its employees or agents shall use HRSD's name, logo, or site photographs in any format for any personal or professional marketing or public relations material or social media use without prior review and approval from HRSD's Chief Communication Officer. These materials include, but are not limited to, advertisements, news releases, published articles, customer lists, advertorials or any other promotional purposes.

AA. Precedence of Terms

Paragraphs B-D, J, O-Q, T-U of these General Terms and Conditions 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.

AB. Qualifications of Bidders/Offerors

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

AC. Taxes

Sales to HRSD 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 be free of federal excise and transportation taxes. HRSD's excise tax exemption registration number is 10-546001749-001.

AD. Testing/Inspection

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

AE. Title VI Civil Rights Obligations

HRSD, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, hereby notifies all

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Bidders/Offerors that it will affirmatively ensure that for any contract entered into pursuant to this solicitation, disadvantaged business enterprises will be afforded full and fair opportunity to submit a response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees that the contractor will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities.

During the performance of this contract, the contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

AF. Virginia's Freedom of Information Act (FOIA)

Any resulting agreement is governed by and subject to the Commonwealth of Virginia's Freedom of

Information Act (FOIA). All pricing information, consistent with the public interest and the underlying policy of the Commonwealth of Virginia, is open to the inspection of any qualified

HRSD Page 26 of 39 requestor and cannot be designated as confidential, proprietary or trade secret to avoid disclosure. Pricing information is also shared on a need-to-know basis both within HRSD and its affiliates and consultants for purposes of operational review, transaction management, contract compliance & monitoring, benchmarking, and performance improvement. Attempts to prevent disclosure of pricing information by designating it as confidential, proprietary or trade secret will be ignored. In addition, any non-price information considered by a firm to be proprietary or to constitute trade secret(s) is also subject to disclosure under FOIA, except that information provided by Selected Firm that constitutes proprietary information or trade secret(s), other than pricing information, may be exempted from disclosure if Selected Firm invokes the protections of Virginia Code Section 2.2-4342(F) in writing and follows its stated requirements prior to or upon submission of the information for which Selected Firm is seeking protection.

AG. Withdrawal or Modification of Responses Prior to Due Date

Response may be withdrawn or modified by logging into HRSD's online Oracle ERP system prior to the time fixed for bid receipt. If you experience difficulties logging into your account, please contact the help desk at erphelp@hrsd.com.

VI. SPECIAL TERMS AND CONDITIONS

A. Audit

The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audit by HRSD, whichever is later. The agency, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

B. Award of Contract

Awards are 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. HRSD reserves the right to reject any and all bids in whole or in part, to waive informality, and to delete items prior to making an award.

HRSD reserves the right to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest HRSD.

C. Bid Prices

Bid shall be in the form of a firm unit price for each item during the contract period. All pricing shall include all delivery charges and shipping terms shall be F.O.B. Destination, freight prepaid, (Bidder pays and bears all freight charges and owns goods in transit). Any other special charges, fees, or special taxes shall be shown separate from the bid price.

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D. Bid Acceptance Period

Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of the ninety (90)-day period 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.

E. Cancellation of Contract

The Procurement Office reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon (60) sixty days written notice to the Contractor. In the event the initial contract period is for more than (12) twelve months, the resulting contact may be terminated by either party, without penalty, after the initial (12) twelve months of the contract period upon (60) sixty 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.

F. Confidentiality

The contractor assures that information and data obtained as to personal facts and circumstances related to employees will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the employee's and HRSD's written consent. Any information to be disclosed, except to HRSD, must be in summary, statistical, or other form which does not identify particular individuals. Contractors and their employees working on this project may be required to sign a confidentiality statement.

G. Contaminated/Substandard Product

Failure of a shipment to comply with the bid specifications shall be sufficient cause for rejection of the shipment.

Upon notice of rejection, contractor shall be required to replace shipment immediately with product in compliance with bid specifications.

In the event the Contractor has supplied contaminated or substandard product/s not in compliance with the bid specifications, the Contractor shall be required to immediately remove and dispose of the contaminated or substandard product from HRSD storage tanks and refill tanks with approved product. Contractor shall be responsible for all associated costs including testing, cleaning, and repairs of affected tanks and equipment.

H. Continuity of Services

The Contractor recognizes that the services under this contract are vital to HRSD and must be continued without interruption and that, upon contract expiration, a successor, either HRSD or another contractor, may continue them. The Contractor agrees:

To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

To make all HRSD owned facilities, equipment, and data available where applicable to any successor at an

HRSD Page 28 of 39 appropriate time prior to the expiration of the contract to facilitate transition to successor; and

That the HRSD Procurement Office shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the HRSD Project Manager's approval, where applicable.

The Contractor may be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations). All phase-in/phase-out work fees must be approved by the Procurement Office in writing prior to commencement of said work.

I. Contract Period

The contract period will have an estimated start date of November 1, 2026 through October 31, 2027 with HRSD reserving the option to extend the contract for four successive one-year periods through October 31, 2031.

J. Contractor Experience

The Company submitting the bid/offer must have a minimum of three (3) year's recent experience for which their company has experience in servicing same or similar types of accounts and providing similar type of goods/services requested in this solicitation.

K. Contractor's Title to Materials

No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller.

The Contractor warrants that he has clear title to all materials and supplies for which he invoices for payment.

L. Definitions

The term "HRSD" as used herein, shall mean the Hampton Roads Sanitation District.

The term "Contractor" means the person, firm or corporation named as such in the contract and includes the plural number and the feminine gender when such are named in the contract as the Contractor.

The term "Subcontractor" means only those having a direct contract with the Contractor and it includes one who

HRSD Page 29 of 39 furnishes material work to a special design but does not include one who merely furnishes material not so worked.

M. Delivery

All HRSD locations order chemicals on an as needed basis. It shall be the successful Contractor's responsibility to coordinate all delivery dates and times with all HRSD locations. Contractor proposed changes or delays in delivery shall be immediately conveyed to the original HRSD order contact.

Contractor shall be required to deliver all products within 48 hours from the time orders are placed by HRSD facilities. Deliveries to all HRSD facilities shall be made Monday through Friday, 7:00 a.m. to 2:00 p.m.

eastern standard time. Deliveries received outside of the established acceptable delivery time frame shall be rejected. The Contractor shall be responsible for delivering the product within HRSD's next acceptable delivery time frame. HRSD shall not be held responsible for expenses incurred by the Contractor as a result of rejected deliveries.