RFP 24-22-SD Att H - Pricing Proposal

RFP 24-21-KB | Page 1 of 11 COUNTY OF SPOTSYLVANIA REQUEST FOR PROPOSAL (RFP) 24-21-KB FOR Compactor Maintenance and Repairs 3/20/2024 NAME OF SOLICITING PUBLIC BODY COUNTY OF SPOTSYLVANIA, PROCUREMENT DIVISION P.O. BOX 215, 8800 COURTHOUSE ROAD, 2ND FLOOR ROOM 414 SPOTSYLVANIA, VA 22553 PROPOSAL DUE DATE AND TIME: Sealed Proposals will be received until 4/23/2024 at 2:00 PM for furnishing the services described herein. No late proposals will be accepted. Please check for updates prior to submitting a bid to ensure timely delivery to the Procurement Department and refer to Attachment A of this solicitation for information to bidders and specific bid drop off procedures. PRE-PROPOSAL CONFERENCE: ☐Mandatory ☒Non-Mandatory Date: Wednesday, April 3, 2024 Time: 2:00 PM WebEx Link: https://spotsylvania-county.webex.com/spotsylvania- county/j.php?MTID=mc65f83c4c0acc97c1ecc2cb48e683f5a Meeting

Number: 2336 365 6764 Meeting Password: pSmtZw6n65T Join by Phone: 1-844-992-4726 Access Code: 23363656764 QUESTIONS DUE DATE AND TIME: Questions and Inquiries from Offerors must be received by the Spotsylvania County Procurement Division by Friday, April 12, 2024 at noon. Questions must be emailed to Katie Baird, Senior Procurement Officer, at KBaird@spotsylvania.va.us. The County is not responsible for verbal clarification of information provided by parties other than staff of the Procurement Division. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: Date: By: (Signature in Ink by Officer of the Corporation) Name (Print): Zip Code: Title: Phone: ( ) Fax: ( ) E-mail: State of Incorporation: Unique Entity Identifier (UEI#)/ DUNS #: State Corporation Commission #: (RETURN THIS FORM) https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=mc65f83c4c0acc97c1ecc2cb48e683f5a https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=mc65f83c4c0acc97c1ecc2cb48e683f5a RFP 24-21-KB | Page 2 of 11 Are you, any member of your immediate family, or any person part of your company that if awarded will provide services for the County of Spotsylvania either employed by the County or a member or part of any County committee, board or commission? Check One: ☐ YES ☐ NO If yes, please explain: Receipt of the following Addenda is acknowledged (list all): Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated All updates are posted on the Spotsylvania County website at https://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. It is the responsibility of the Offeror to check for additional updates prior to submission of proposal. [Remainder of Page intentionally left blank.] (RETURN THIS FORM) https://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ RFP 24-21-KB | Page 3 of 11 TABLE OF CONTENTS I. PURPOSE ..................................................................................................................................................... 4 II. BACKGROUND .......................................................................................................................................... 4 III. CONTRACT TERM AND PRICE INCREASES ..................................................................................... 4 IV. STATEMENT OF NEEDS.......................................................................................................................... 4 V. INSTRUCTIONS TO OFFERORS............................................................................................................ 7 VI. PROPOSAL REQUIREMENTS ................................................................................................................ 9 VII. PROPOSAL EVALUATION CRITERIA ............................................................................................... 10 ATTACHMENTS A – INFORMATION TO BIDDERS B – COUNTY TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION C – COUNTY VENDOR AUTHORIZATION FORM D – SCHOOLS VENDOR INFORMATION FORM E – SCHOOLS INSURANCE F – SCHOOLS CERTIFICATE OF COMPLIANCE INVOLVING CRIMES AGAINST CHILDREN G – COUNTY TERMS AND CONDITIONS H – SCHOOLS GENERAL TERMS AND CONDITIONS I – REFERENCES J – COUNTY SITE LOCATIONS K – SCHOOL SITE LOCATIONS L – PRICING SCHEDULE RFP 24-21-KB | Page 4 of 11 I. PURPOSE The County of Spotsylvania, Virginia (“County”) and the School Board of the County of Spotsylvania Virginia (“Schools”), invites written proposals from qualified firms to establish a contract through competitive negotiation to provide Compactor Equipment Maintenance, Repair Services and Parts at various locations across Spotsylvania County. The County and Schools intends to contract for the above delineated services as detailed in the Scope of Services contained in Section IV of this RFP. II. BACKGROUND Spotsylvania County blends over 400 square miles of beautiful rural landscapes with an energetic, growing community. It is one of Virginia's fastest-growing counties, largely because of its desirable location along Interstate 95, midway between metropolitan Washington, D.C, and Richmond. The County currently has an estimated population of 140,000. There are 12 convenience center sites that have 28 Marathon compactors. III. CONTRACT TERM AND PRICE INCREASES A. Contract Term Any contract resulting from this RFP shall have a term limit of three (3) years and may be renewable for two (2) additional one (1) year terms at the option of Spotsylvania County. Each additional year shall be referred to individually as a “Renewal Period”. Said renewal period shall occur automatically unless written notice is given by the COUNTY no later than ten (10) days before the expiration of the current period. B. Price Increases Price increases may be negotiated only at the time of renewal. If Spotsylvania County elects to exercise the option to renew the contract for an additional one (1) year period, the contract price for the additional one (1) year shall not exceed the contract price of the original contract increase/decrease by more than the percentage increase/decrease of the Commodity & Service Group/Services category of the CPI-W, Services section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available or 3%, whichever is lower. IV. STATEMENT OF NEEDS A. Minimum Qualifications The successful Contractor shall have a minimum of five (5) years’ experience providing compactor installation and repairs services for governmental/commercial projects. The successful Contractor shall have the technical capability and employ a sufficient number of trained technicians to provide compactor services that includes maintenance and repairs to refuse compactor units in Spotsylvania, VA. RFP 24-21-KB | Page 5 of 11 B. Services Required The successful Contractor shall provide the following services for the County and Schools: 1. Install and test all of the parts and equipment owned by Spotsylvania County and Schools in accordance with specifications; 2. Provide training to County and School personnel at the time of installation of any new equipment or parts to include operations; 3. At the request of the County or Schools, transport and install refuse compactors; 4. Evaluate the existing equipment inventory (compactor and containers) to determine current life expectancy and establish recommended repairs and/or replacements; 5. Preventative Maintenance: • Shall be completed per the manufacturer’s recommendation; • Provide a planned preventative maintenance schedule to the County and Schools two weeks (10 working days) prior to performing services; • Provide welding services on equipment as needed; • Electronic – (Check for Wear or Damage) to include, but is not limited to: o Power Unit/Control/Panel/Electric Motor; All electrical wires; and All power switches; • Hydraulic – (Check for Wear or Damage) to include, but is not limited to: o Hydraulic cylinders; Hydraulic pumps; Hydraulic hoses and fixings; Check hydraulic fluid and refill as required; and Check pressure gauges; • Hardware/Other – (Check for Wear or Damage) to include, but is not limited to: Directional valve; Nuts, bolts, and fasteners; Upon completion of preventative maintenance inspections, the Contractor shall provide an inspection report for each unit to the County and Schools. The condition report shall include the date of inspection, the serial number of the unit, a detailed description of any issue(s) identified, the parts being replaced, the cost of repairs, and any necessary maintenance plan going forward. The Contractor shall maintain a maintenance history for each piece of equipment covered under this agreement. The maintenance history shall include the date of service(s), detailed description of any issue(s) identified, the parts being replaced, and the cost of repair. The maintenance history shall be provided to the County or Schools on an annual basis. 6. Parts and Equipment Requirements: • All parts and equipment offered by the Contractor must be new. OEM parts shall be used for repairs, substitutions must be approved by the County or Schools. Used, rebuilt or refurbished equipment will not be accepted; • Parts and equipment shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes; and • The manufacturers and/or product numbers indicated are the only numbers that are acceptable. • The County and Schools shall have the right to pre-purchase all equipment/parts. If the equipment/part(s) is not pre-purchased, a maximum of 10% mark-up shall be allowed for any equipment/part(s) purchased by the Contractor. RFP 24-21-KB | Page 6 of 11 C. Additional Requirements 1. Contractor must provide a one (1) year warranty on all parts and equipment from the date the parts and equipment are received, inspected, and accepted by Spotsylvania County. There will be no extra charge for this warranty. The warranty shall cover 100% of all parts, shipping, labor, travel, lodging, and any other anticipated or unanticipated expenses. This provision in no way alters the manufacturer’s warranty. 2. Service Response Time: • Standard service response time for all non-critical service calls shall be within 48 hours from the time of notification; • Critical service response time shall be responded to within six (6) hours from the time of notification; • All repairs/enhancements shall have a minimum response time of one (1) week; • If a portion of equipment cannot be repaired on location, the Contractor may transport equipment to the Contractor’s maintenance facility for repair or replacement with the approval of the County or Schools. 3. Upon arrival and departure at the site, the Contractor shall contact the County Public Works Office or Schools for confirmation of service activities. Prior to leaving the site, the Contractor shall provide a written report of the work performed and obtain a County or Schools representative’s signature thereon. 4. Work to Be Performed • Any service required above and beyond normal manufacturer preventative maintenance will require a written estimate. The Contractor shall provide the written estimate and obtain approval from the County Public Works, Operations Manager or designee or Schools before any work is performed; • The Contractor shall secure and pay for all permits, inspections, and licenses necessary for the execution of work; • The Contractor shall perform all work and furnish all materials, tools, equipment, and safety devices necessary to perform the work in the time specified; • The Contractor shall have readily available and supply all replacement parts, which shall be new and of the same quality and brand as that being replaced; • The Contractor shall perform all work according to the best practices and standards of the trade and in accordance with the local, state, and federal codes; • The Contractor shall complete work to the satisfaction of the County or Schools and in accordance with the specifications and price mentioned herein. • Major projects or services shall require an estimate prior to work commencing. The estimate shall be provided at no charge to the County or Schools; and • The Contractor shall guarantee all materials and installation under normal use to be free from defects or poor workmanship for a period of one (6) months from the date of acceptance. 5. Normal hours are considered to be 8:00 AM to 5:00 PM, Monday through Friday. Other hours shall be considered overtime, holidays, and weekends; 6. The County and Schools shall require correction of defective work or damages to any part of the building or its appurtenances when caused by the Contractor’s employees, equipment, or RFP 24-21-KB | Page 7 of 11 supplies. The Contractor shall place in satisfactory condition all defective work and damages rendered thereby or any other damages incurred; 7. The Contractor’s employees shall consist of qualified technicians who are completely familiar with the products and equipment they shall use. The Contractor shall provide photo identification badges for all their employees. The employees or representatives shall wear photo identification badges when working at any County or Schools location; 8. The Contractor or their employees shall not represent themselves as employees or agents of the County or Schools; 9. The Contractor and their employees shall observe all regulations or special restrictions in effect at the location being serviced; 10. The Contractor and their employees shall perform all work in such a manner as not to inconvenience operations without authorization. The Contractor shall determine the County’s and School’s normal working conditions and activities in progress and shall conduct the work in the least disruptive manner; 11. The Contractor and their employees shall be allowed only in areas where work is being performed; and 12. Any contract resulting from this RFP shall not, in whole or in part, be subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by the County and Schools. In the event the County or Schools approves the use of a subcontractor, the Contractor shall be directly responsible for the subcontractor’s performance and work quality. Subcontractors must abide by all terms and conditions under this RFP and any resulting contract. V. INSTRUCTIONS TO OFFERORS A. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Spotsylvania County Procurement Policy. The Procurement Policy is available at: https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies. B. Questions or requests for clarification shall be submitted in writing. All responses to inquires will be in writing in the form of a written addendum and will be posted on the Spotsylvania County website at http://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. Questions from Offerors must be received by the Spotsylvania County Procurement Division by the date identified on Page 1 of this solicitation in order to ensure that the answers can be sent and received by the prospective Offerors for their consideration prior to the proposal due date. C. Four (4) copies and one (1) original indicated as “Original” of Proposals, along with an electronic copy of the proposal and attachments on a virus free flash drive, either in Microsoft Word or PDF format shall be submitted to the addressed on Page 1. Should the proposal contain proprietary information, Offeror shall provide one (1) additional electronic, redacted copy of the proposal and attachments with proprietary portions removed or blacked out. This copy shall be clearly marked “Redacted Copy”. The classification of an entire https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies http://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ RFP 24-21-KB | Page 8 of 11 proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. The County of Spotsylvania shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy. No other distribution of the proposal shall be made by the Offeror. D. All Proposals must be in a sealed envelope or box and clearly marked with the following information: "Sealed Proposal, RFP #24-21-KB, Compactor Maintenance and Repairs” and company name and address. Proposals not so marked or sealed may be returned to the Offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the Offeror (company, firm, partnership, or individual). Proposals shall be signed above the typed or printed name and title of the individual signing on behalf of the Offeror. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the front of this solicitation. E. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the first page of this solicitation. F. The time of receipt shall be determined by the time clock stamp in the Procurement Division, Room 414. Any Proposal received after this time and date will not be considered. Proposals will be returned to the Offeror unopened if received by special carrier or not accepted if hand delivered by Offeror. G. It is the Offeror’s sole responsibility to ensure timely submission of the proposal by the Spotsylvania County Procurement Division as the address and by the state time and date on Page 1. The County encourages early submission. NOTE: • Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, VA. Next day delivery usually arrives in mid-to-late afternoon. • USPS deliveries require additional days from the post office to the procurement office. If you will be using one of these services for delivery of your proposal, please take this information into consideration. It is the Contractor’s responsibility to ensure that the package is delivered to the Procurement Division by the due date and time. H. Inclement Weather. In the event that Spotsylvania County is closed during the scheduled times for a pre-proposal conference, the pre-proposal conference will occur on the following business day that Spotsylvania County is open at the time previously scheduled and as stated in the RFP. I. The Offeror shall submit a proposal that demonstrates and provides evidence that the Offeror is able to provide suitable services and has the capabilities, professional expertise, and experience to provide the proposed goods and services to Spotsylvania County. RFP 24-21-KB | Page 9 of 11 J. Offerors are responsible for familiarizing themselves with the conditions and objectives of the services described herein. K. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal. L. Any vendor transacting business with Spotsylvania County requires an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its proposal the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized. VI. PROPOSAL REQUIREMENTS A. The proposal shall provide information necessary for Spotsylvania County to evaluate the qualifications, experience, and expertise of the proposing firm to provide services identified herein. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. B. The written proposal shall contain concise information which presents an understanding of the scope of services to be performed. The Offeror is asked to address each evaluation criteria contained in Section VII, Proposal Evaluation Criteria and to be specific in presenting their qualifications. Responses should be as thorough and detailed as possible so that the County may properly evaluate the firm’s capabilities to provide the required services. C. The proposal shall clearly indicate primary contact and assigned personnel. Offeror shall provide the name of the Offeror and firm, if any, the address and telephone number, and the name and title of the primary and secondary individuals who would be responsible for providing these goods and/or services to the County. Proposals shall be signed by an authorized representative of the Offeror. All information requested shall be submitted. Failure to submit all information requested may result in the County of Spotsylvania requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete, or lack of key information may be considered nonresponsive by the RFP 24-21-KB | Page 10 of 11 County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation. D. Proposal Format and Checklist. In order to facilitate the analysis of responses to this RFP, Offerors should prepare the proposal in accordance with the instructions outlined below and should structure the proposal so that it contains individual attachments detailing proposed goods and services. The Offeror must submit their proposal package with the following documents attached. Each document listed below shall be a separate attachment and titled as indicated. ☐ [Offeror’s Name]_Introductions Letter (PDF or Word) ☐ [Offeror’s Name]_Signed RFP Cover sheet (PDF or Word) ☐ [Offeror’s Name]_Executive Summary (PDF or Word). Provide a narrative, prepared in non-technical terms, summarizing the Offeror’s proposal. ☐ [Offeror’s Name]_Attachment B – Trade Secrets/Proprietary Information Identification (PDF or Word) ☐ [Offeror’s Name]_Attachment D – References ☐ [Offeror’s Name]_Virginia State Corporation Commission (SCC) Certificate (PDF or Word) ☐ [Offeror’s Name]_Attachment C – Vendor Authorization Form ☐ [Offeror’s Name]_Pricing Schedule (PDF or Word) E. Offerors shall indicate any exceptions taken to any part of this Request for Proposals. Offerors shall fill out and clearly identify any proprietary information on Attachment B and return with proposal response. Identify the specificity of the data or other materials for which protection is sought, indicate the section and page number where it can be found in the Offerors RFP response and state the reasons why protection is necessary in accordance with the Code of Virginia, Chapter 43, § 2.2-4342. For more details, see Section VIII Terms and Conditions, Paragraph Q, Freedom of Information Act. F. Offeror shall provide a minimum of three references of other similar size local government entities utilizing the services they have provided on Attachment D. The references shall include names, phone numbers and email addresses of key contact personnel. Current contact information shall be provided. Spotsylvania County cannot be listed as a reference. The County reserves the right to check undisclosed references. G. All costs of proposal preparation and presentation shall be borne by each Offeror. The County is not liable for any cost incurred by the Offeror prior to issuance of a contract. H. Offeror shall include a copy of their State Corporation Commission Certificate of Good Standing and a list of officers with their proposal response. VII. PROPOSAL EVALUATION CRITERIA RFP 24-21-KB | Page 11 of 11 Selection of the successful Offeror(s) will be based upon submission of proposals meeting the selection criteria. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal. The Source Selection Committee (SSC) will use the following criteria in its review and evaluation of the Proposals: EVALUATION CRITERIA 1 Completeness of the proposal document, including a demonstrated understanding of the Request for Proposal and the services requested. 30 Points 2 Qualifications and experiences of personnel who will be providing services. 20 Points 3 Relevant experience with similar services. 30 Points 4 Pricing 10 Points 5 Interview/Oral Presentation 10 Points Total 100 Points The Selection Committee will evaluate the most responsive proposals as deemed by staff and may also ask questions of a clarifying nature from Offerors as required. A composite rating will be developed which indicates the group’s collective ranking of the written proposals in a descending order. If deemed necessary by the selection committee, the County shall engage in individual discussions with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The County will schedule the time and location of these presentations. Interview/Oral presentations are an option of the County and may or may not be conducted. At the conclusion of any discussion, on the basis of evaluation factors as set at the time of issuance of this proposal and all information developed in the selection process to this point, the County shall select in the order of preference one or more Offerors whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the Offeror ranked first. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Spotsylvania County reserves the right to award a contract to more than one Offeror, if it is in the Owner’s best interest. The County reserves the right to accept or reject any or all proposals received as a result of the request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interest of Spotsylvania County. RFP 24-21-KB | Page 1 of 1 ATTCHMENT A - INFORMATION TO BIDDERS The Spotsylvania County Procurement Office located in the Marshall Center is closed to the public and open only on an appointment basis. Please note that bids will be received at the Spotsylvania County Snow Library side of the building at the Marshall Center, 8800 Courthouse Road, Spotsylvania, VA 22553. The Bidder has the sole responsibility to have their bid received by the Spotsylvania County Procurement Division at the address listed on the IFB and by the stated date and time as listed in the Information for Bid. If you hand deliver your bid, Bidders need to go to the Snow Library side of the Marshall Building, not the Snow Library and go to the two white double doors located beside the “Procurement Division” sign and call the Procurement Office (540-507-7503). Someone from the Procurement Office will come to the door to receive your bid. Bidders are encouraged to submit their bid early in order to ensure the bid is received on time. Please note that Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, Virginia. Next day delivery usually arrives in mid-to-late afternoon. Also, please note that USPS deliveries require additional days from the post office to the Procurement Office. If you will be using one of these services for delivery of your bid, please take this information into consideration, you may also want to let the mail carrier know the Building is locked. Bidders are advised to call the Procurement Office to confirm if your bid was received. Late bids shall not be considered and will be returned to Bidders unopened if received by special carrier or not accepted if hand delivered by Bidders. The time of receipt shall be determined by the Procurement time clock stamp. In the event that Spotsylvania County is closed during the scheduled times for bid receipt, it will occur on the next business day that Spotsylvania County is open at the appropriate times as stated in the IFB. No exceptions will be made in this situation. Please contact the Procurement Officer as stated in the IFB for information pertaining to this procurement. RFP 24-21-KB | Page 1 of 1 ATTACHMENT B TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION IF NO PROTECTION IS NEEDED STATE “N/A” ON THE TABLE BELOW AND SIGN. Trade secrets or proprietary information submitted by any Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Offeror must invoke the protection of §2.2-4342(F) of the Code of Virginia, in writing, prior to or upon submission of the data or other materials, and must clearly and specifically identify the data or other materials to be protected, and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by the Offeror on the table below. If the Offeror fails to identify any protected information on the table below, the Offeror by return of this form, hereby releases the County and all of its employees from any and all claims, damages, demands or liabilities associated with the County’s release of such information, and agrees to indemnify it for all costs, expenses and attorney’s fees incurred by the County as a result of any claims made by Offeror regarding the release of such information. By submitting its bid or proposal, Offeror understands and agrees that any language seeking protection from public disclosure, any specific documents or information, unless identified on the table below, are null and void and of no legal or binding effect on the County. The classification of line item prices, and/or total bid prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected. SECTION/TITLE PAGE NUMBER(S) REASON(S) FOR WITHHOLDING FROM DISCLOSURE COMPANY NAME: SIGNATURE: (RETURN THIS FORM) www.spotsylvania.va.us/vendor-form ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle RFP 24-21-KB | Page 1 of 1 ATTACHMENT D SCHOOLS VENDOR INFORMATION FORM This form must be submitted and returned with the bid. VENDOR INFORMATION FORM Ordering Information: Please specify the correct legal business name, contact person, address, phone and fax numbers that should be used for all purchase order submittals by SBCS. Legal Business Name: Address: City, State, Zip: Contact: Phone: Fax: E-mail: Tax ID# / FIN: Remittance Information: (Provide only if different from ordering address) Please specify the correct legal business name, address, phone and fax numbers that should be used as the remittance address by SBCS. Legal Business Name: Address: City, State, Zip: Phone: Fax: E-mail: If Remittance Information is left blank, remittance will be sent to the Ordering Address indicated above. W-9 Form: Each Offeror shall submit Completed W-9 form with their bid in the event of contract award. This information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from the IRS website. RFP 24-21-KB | Page 1 of 1 ATTACHMENT E SCHOOLS INSURANCE REQUIREMENTS This form must be submitted on a separate sheet and returned with the bid. INSURANCE SPECIFICATIONS Spotsylvania County Schools The Successful Offeror(s) shall carry Liability Insurance in the amount specified below, including contractual liability assumed by the Successful Offeror(s), and shall deliver a Certificate of Insurance from carriers licensed to do business in the Commonwealth of Virginia. The Certificate shall show School Board of the County of Spotsylvania (herein referred to as SBCS), named as an additional insured for the Commercial General Liability coverage and the Commercial Excess/Umbrella coverage. The coverage shall be provided by a carrier(s) rated not less than “A-“ with a financial rating of at least VII by A.M. Bests or a rating acceptable to SBCS. In addition, the insurer shall agree to give the Procurement Manager at SBCS, 30 days’ notice of its decision to cancel coverage anytime during the contract period or renewal periods. Each renewal period, the Contractor shall send updated certificates of insurance with the corresponding coverage dates of the renewal period. WORKERS’ COMPENSATION: Statutory Virginia Limits Employers’ Liability Insurance - $100,000 for each Accident by employee $100,000 for each Disease by employee $500,000 policy limit by Disease COMMERCIAL GENERAL LIABILITY – COMBINED SINGLE LIMIT: $1,000,000 each occurrence including contractual liability for specified agreement $2,000,000 General Aggregate (other than Products/Completed Operations) $2,000,000 General Liability-Products/Completed Operations $1,000,000 Personal and Advertising injury $ 100,000 Fire Damage Legal Liability $1,000,000 Abuse and Molestation Coverage COMMERCIAL: Excess/Umbrella Liability $5,000,000 per occurrence NOTE 1: The commercial general liability insurance shall include contractual liability. The contract documents include an indemnification provision(s). The School Board of the County of Spotsylvania makes no representation or warranty as to how the Successful Offeror(s)’s insurance coverage responds or does not respond. Insurance coverages that are unresponsive to the indemnification provision(s) do not limit the Successful Offeror(s)’s responsibilities outlined in the contract documents. NOTE 2: The intent of this insurance specification is to provide the coverage required and the limits expected for each type of coverage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the School Board of the County of Spotsylvania. This policy shall be endorsed to be primary with respect to the additional insured. NOTE 3: Title 65.2 of the Code of Virginia requires every employer who regularly employs three or more full-time or part- time employees to purchase and maintain workers' compensation insurance. If you do not purchase a workers’ compensation policy, a signed statement is required documenting that you are in compliance with Title 65.2 of the Code of Virginia. NOTE 4: The Certificate Holder Box shall read as follows: School Board of the County of Spotsylvania 8020 River Stone Drive Fredericksburg, VA 22407 RFP 24-21-KB | Page 1 of 1 ATTACHMENT F SCHOOLS CERTIFICATE OF COMPLIANCE INVOLVING CRIMES AGAINST CHILDREN This form must be completed and returned with the bid. SCHOOL BOARD OF THE COUNTY OF SPOTSYLVANIA CERTIFICATE OF COMPLIANCE INVOLVING CRIMES AGAINST CHILDREN Offeror/Contractor acknowledges that the implementation of this contract requires Offeror/Contractor and Offeror/Contractor’s employees to have direct contact with Spotsylvania County Schools’ students. Therefore, Offeror/Contractor hereby certifies that neither Offeror/Contractor nor, to the best of Offeror/Contractor’s knowledge, its employees who will have such contact, have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. For the purposes of this certification, "direct contact with students" means being in the presence of students on school property during regular school hours or during school sponsored activities. Offeror/Contractor understands that, pursuant to Code of Virginia §22.1-296.1(C), making a materially false statement in this Certification is a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Spotsylvania County Public Schools shall not be liable for materially false statements regarding the certifications required under this Contract. We agree that we will not hire any person whose background check reveals that they have been convicted of a felony, a class 1 misdemeanor, a crime of moral turpitude (lying, cheating or stealing), or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. We also agree that, after specific inquiry of any potential employee, we will not hire any person for this contract who has been the subject of a founded case of child abuse and neglect. _____________________________________________________________ Company Name Print Name Title Signature Date RFP 24-21-KB | Page 1 of 9 Attachment G – County Terms and Conditions A. Acceptance, Invoicing and Payment Spotsylvania County will make payment to the Consultant, Net 30 days or in accordance with discount terms, if offered, after receipt of an acceptable invoice for work resulting from this RFP. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFP, or to the selected consultant prior to the Board of Supervisors’ approval of a consultant services contract. Pursuant to Virginia Code § 2.2-4354, (1950, as amended), the Consultant covenants and agrees to: (1) Within seven (7) days after receipt of any amounts paid to the Consultant under the Agreement, (i) pay any subconsultant for its proportionate share of the total payment received from the County attributable to the work under the Contract performed by such subconsultant, or (ii) notify the County and the subconsultant, in writing, of its intention to withheld all or part of the subconsultant’s payment and the reason therefore; (2) Provide its federal employer identification number or social security number, as applicable, before any payment is made to the Consultant under the Agreement; (3) Pay interest at the legal rate or such other rate as may be agreed to in writing by the subconsultant and the Consultant on all amounts owed by the Consultant that remain unpaid after seven (7) days following receipt by the Consultant of payment from the County for work performed by the subconsultant under the Agreement; and (4) Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3 above. B. Attorney's Fees In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, each party shall pay their own attorney’s fees, costs and expenses, except in a case of default by the Consultant, the Consultant shall be responsible for any resulting additional purchase and administrative costs including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs. C. Audit Consultant shall keep and require each of its subconsultant, if any, to keep, at no additional cost to County, full and detailed accounts of costs chargeable to County, during the project, and for five (5) years following completion. County shall be afforded full access to accounts, records, and supporting documents for review, audit, copy (such copies will be the property of County), and verification of costs. Audit access to Consultant’s records in lump sum or unit price areas when applicable shall be sufficient to satisfy County that all quantities meet the payments to its subconsultant and suppliers, Consultant shall remit promptly to County the amount of any adjustment resulting from audit. RFP 24-21-KB | Page 2 of 9 D. Availability of Funds It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. E. Binding Effect The terms, provisions, covenants and conditions contained in any resulting Contract shall apply to, insure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, legal representatives, successors, and permitted assigns except as otherwise expressly provided. F. Compliance of Law The Consultant providing materials and services to the County under any contract resulting from this RFP represents and warrants to the County that it is: (1) Conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginians with Disabilities Act, the Americans With Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act, and where applicable, to the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended. (2) Not employing illegal alien workers or otherwise violating the provisions of the Immigration Reform and Control Act of 1986 and Virginia Code§ 2.2-4311.1; (3) Not requiring, and shall not require, any employee or subcontractor to sign an internal confidentiality agreement or statement prohibiting or otherwise restricting, or purporting to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a department or agency authorized to receive such information, or otherwise violate any federal and state laws and regulations protecting employees for reprisal against whistleblowing; (4) Complying with federal, state and local laws and regulations applicable to the performance of the goods and services procured, the work performed pursuant to the Agreement shall conform to all professional principles generally accepted as standards of the industry in the Commonwealth, the CONTRACTOR’S work performed shall be free of defects, and any new materials and equipment furnished under this Agreement shall be of good quality and in working condition; and (5) Complying fully with the Virginia Conflict of Interest Act. (6) Authorized to transact business in the Commonwealth of Virginia, pursuant to Section 2.2-4311.2 of the Code of Virginia. G. Contract Award Spotsylvania County has the right to award a contract to more than one Offeror, if it is in the County’s best interest to provide adequate services in accordance with the criteria found in the Scope of Services. Should Spotsylvania County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one offer or is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that RFP 24-21-KB | Page 3 of 9 Offeror. Spotsylvania County reserves the right to award the contract to the most qualified, responsible, and responsive Offeror(s), resulting in a negotiated agreement, which is most advantageous to and in the best interest of Spotsylvania County. Spotsylvania County shall be the sole judge of the Proposal and the resulting negotiated agreement that is in the public interest, and Spotsylvania County’s decision shall be final. H. Contract Changes No verbal agreement or conversation with any officer, agent or employee of Spotsylvania County either before or after execution of the contract resulting from this Request for Proposal (RFP), RFP Addendum or follow-on negotiations, shall effect or modify any of the terms or obligations contained in the contract. No alterations to the terms and conditions of the contract shall be valid or binding upon Spotsylvania County unless made in writing and where Board approval is not required, by the County Administrator or his designee. I. Contract Documents The contract entered into by Spotsylvania County and the Consultant shall consist of this Request for Proposal, any addendum issued, the proposal submitted by the Consultant, Spotsylvania County’s Standard Form of Agreement, and any approved change orders issued, all of which shall be referred to collectively as the Contract Documents. Additional documents which the parties agree to include as contract documents may be set forth in the final contract. J. Cooperative Procurement (1) This procurement is being conducted on behalf of Spotsylvania County, Virginia and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act. (2) If approved by the Contractor, the contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal. (3) 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, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations. (4) The County of Spotsylvania, 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 Spotsylvania County contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body. (5) Spotsylvania County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification. RFP 24-21-KB | Page 4 of 9 K. Definitions: (1) Consultant. The Consultant who enters into a contract with Spotsylvania County to provide the services herein for Spotsylvania County. (2) County. Wherever the word "County" appears, it shall be understood to mean Spotsylvania County Government. (3) Offeror. A person who makes an offer in response to a Request for Proposals. (4) Informality. A minor defect or variation in a bid or proposal from the exact requirements of the Invitation for Bid, or the Request for Proposal, which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured. L. Drug Free Workplace During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultant’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 Consultant’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 Consultant that the Consultant 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 subconsultant or vendor. For the purposes of this section, “drug-free workplace” means any site at which the performance of work is done in connection with this contract awarded to the Consultant, 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. M. Ethics in Public Contracting The Offeror hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public Procurement Act, Section 2.2-4367 through 2.2-4377, Virginia Code Annotated, and that all amounts received by it, pursuant to a Contract resulting from this RFP, are proper and in accordance herewith. By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subconsultant in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. N. Examination of Records The Consultant agrees that Spotsylvania County or any duly authorized representative shall have access to and the right to examine any and copy any directly pertinent books, documents, papers and records of the Consultant involving transactions related to any Contract resulting from this RFP. The period of access provided in this paragraph for records, books, documents, RFP 24-21-KB | Page 5 of 9 and papers and software which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any subsequent contract or any subsequent Contracts with vendors shall continue until disposition of any appeals, arbitration, litigation, or claims. Consultants agrees to keep all records in accordance with the state and local retention laws including but not limited to Virginia Code § 55-525.27. O. Faith-Based Organizations Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the County does not discriminate against faith-based organizations. “Faith-based Organization” means a religious organization that is or applies to be a Consultant to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193. If CONSULTANT is a faith-based organization, then Consultant shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice: NOTICE Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the County and a faith-based organization, you are hereby notified as follows: Neither the COUNTY’S selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the County Administrator. P. Federal-Aid Provisions When the U. S. government pays all or any portion of the cost of a project, the Consultant shall observe all federal laws, rules, and regulations made pursuant to such laws. The work shall be subject to inspection by the appropriate federal agency. Such inspection shall in no sense make the federal government a party of the contract and will in no way interfere with the rights of either party. Consultant shall require all subconsultants to observe all federal laws, rules, and regulations made pursuant to such laws. Reporting requirements that is part of the regulation shall be followed in accordance with the federal law, rules and/or regulation made pursuant to such laws. A Duns number will be provided by the Consultant and registration with the Central Consultant Registration (CCR) shall be followed according to the federal aid provisions. Q. Freedom of Information All information submitted to the County in response to this RFP will constitute public RFP 24-21-KB | Page 6 of 9 information and pursuant to the Virginia Freedom of Information Act will be available to the public for inspection upon request. Pursuant to Virginia Code § 2.2-4342 and County Procurement Policy § 3-27, an Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Virginia Code § 59.1-336, part of the Uniform Trade Secrets Act. In order to claim this exemption, an Offeror must: (1) Submit a request in writing referencing their desire to invoke the protections of Virginia Code § 2.2- 4342; (2) Specifically identify which data or materials they wish to have protected; and (3) Articulate the rationale for why protection is necessary for the particular data or materials, to the satisfaction of the County. Failure to meet these requirements will result in the data or materials being open for inspection in response to a valid inquiry under the Virginia Freedom of Information Act and serve to waive any right of the Offeror to assert a claim against the County for disclosure of trade secrets or proprietary information. R. Grant Funds Provision When a project is funded in part or all by grant funds, the Consultant shall observe all rules and regulations according to the grant fund award documentation. Consultant has the responsibility to comply with all grant fund reporting requirements and any or all award documentation terms and conditions. S. Governing Law In any contract resulting from this RFP, the parties agree that this agreement is governed by and shall be interpreted in accordance with the Spotsylvania County Procurement Policy and laws of the Commonwealth of Virginia, and that proper venue, in the event of litigation concerning this matter, shall be in the Circuit Court of Spotsylvania County, Virginia. The parties agree that any litigation involving this Agreement shall be brought only in such court. T. Headings Headings in the RFP and any resulting contract are informational only and the substance of each numbered or lettered provision shall prevail in the event of any ambiguity or inconsistency between a heading and its content. U. Insurance During the performance of any Contract resulting from this RFP, the Consultant shall have and keep current insurance whichever is greater in scope or amount as follows. (1) Worker's Compensation Insurance in compliance with all states in which Consultant does business, including coverage B Employer's liabilities in not less than the following amounts: i. Bodily Injury by accident $100,000 for each accident; ii. Bodily Injury by disease, $500,000 policy limit; iii. Bodily Injury by disease, $100,000 for each employee. (2) General Liability insurance in amount not less than $1,000,000 for any occurrence involving bodily injury, and not less than $1,000,000 for any occurrence involving property damage. This coverage shall include contractual liability, broad form property damage, independent Consultants, and personal injury. RFP 24-21-KB | Page 7 of 9 (3) Automobile liability insurance in an amount not less than $1,000,000 combined single limit bodily injury and property damage. This coverage shall include liability for the use of hired and non-owned apparatus. The General Liability and Automobile Liability insurance policies specified herein shall name Spotsylvania County as additional insured with regard to work performed under any contract resulting from this RFP. The Consultant shall provide Spotsylvania County with copies of certificates of insurance coverage and proof of payment of all premiums. These certificates shall have provisions for notifying Spotsylvania County if there is any change in liability insurance. V. Interpretation Words of any gender used in any Contract resulting from this RFP shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context otherwise requires. W. Non-Collusion The party making the foregoing proposal hereby certifies that such proposal is genuine and not collusive or sham; that said Offeror has not colluded, conspired, connived or agreed, directly in indirectly, with any Offeror or person, to put in a sham proposal or to refrain from offering, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the proposal price or affiant or of any proposal, or to fix any overhead, profit or cost element of said proposal price, or of that of any other Offeror, or to secure any advantage against the County or any person interested in the proposed contract; and that all statements in said proposal are true. X. Non-Discrimination Any contract resulting from this RFP and every contract, sub-contract, or purchase order there under shall include the following provisions according to Virginia Code §2.2-4311: During the performance of a contract, the Consultant agrees as follows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicant for employment, notices setting forth non-discrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant is an equal opportunity employer. 3. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement. The Consultant will include the provisions in the foregoing paragraphs a, b, and c in every contract, subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor associated with Spotsylvania County. Y. Partial Invalidity RFP 24-21-KB | Page 8 of 9 Neither any payment for, nor acceptance of, the whole or any part of the services by Spotsylvania County, nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this RFP, nor of any power herein reserved to Spotsylvania County, or any right to damages herein provided, nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent breach. Failure of Spotsylvania County to require compliance with any term or condition of any Contract shall not be deemed a waiver of such term or condition nor a waiver of the subsequent enforcement thereof. Z. Proposal Withdrawal Any Proposal may be withdrawn up until the time set above for the opening of the Proposal. Any Proposals not so withdrawn shall constitute an irrevocable offer for a period of 150 days. AA. RFP Proposal and Clarification Spotsylvania County reserves the right to request clarification of information submitted and to request additional information of one or more Offerors. Each Offeror shall examine the Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing to the Spotsylvania County Procurement contact listed on the first page of this RFP. Spotsylvania County shall not be responsible for oral interpretations given by any employee, representative, or others. The issuance of a written RFP Addendum issued by the Spotsylvania County Procurement Division is the only official method whereby interpretation, clarification, or additional information can be issued. BB. Release and Ownership of Information Spotsylvania County shall make a good faith effort to identify and make available to the Consultant all non-confidential technical and administrative data in Spotsylvania County’s possession which Spotsylvania County may lawfully release including, but not limited to contract specifications, drawings, correspondence, and other information specified and required by the Consultant and relating to its work under this Contract. Spotsylvania County reserves its rights of ownership to all material given to the Consultant by Spotsylvania County and to all background information, documents, and computer software and documentation developed by the Consultant in performing any Contract resulting from this RFP. No reports, information or data given to or prepared by the Consultant under the resulting Contract shall be made available to any individual or organization by the Consultant without the prior written approval of Spotsylvania County, which approval Spotsylvania County shall be under no obligation to grant. As may be allowed by law, any information, ideas, or concepts that the County receives during the procurement process from any offeror’s written proposal, any discussion or interview with the offeror or as a result of any portion of the procurement process for the services described in this Request for Proposal shall become the property of Spotsylvania County. Spotsylvania County may use this information for any purpose without compensation to the offeror from whom the information was received. RFP 24-21-KB | Page 9 of 9 CC. Rights and Responsibilities of Consultant The Consultant shall indemnify, defend and hold harmless the County and its representatives from any and all claims, suits and actions for injury or damage sustained by any person or property from any act or omission by Consultant and/or its Consultants or employees, or anyone else for who Consultant is or may be responsible. This section shall survive the termination this agreement. The Consultant in any contract resulting from this RFP shall pay all royalties and license fees necessary for performance of the contract. The Consultant shall defend all suits or claims for infringement of any patent rights or any other proprietary rights arising from or related to performance of the resulting contract and shall save Spotsylvania County harmless from any and all loss, including reasonable attorneys' fees, on account thereof. DD. Subconsultants and Assignments The Consultant shall not sublet or assign or transfer any interest in this Contract or any portion thereof without the prior written consent of Spotsylvania County of which Spotsylvania County shall be under no obligation to grant. In seeking consent for any subcontract or assignment, the Consultant shall furnish all information required by Spotsylvania County to permit Spotsylvania County to ascertain the qualifications of the proposed subconsultant to perform the work, and the Consultant shall submit a copy of the subcontract to Spotsylvania County for approval. The subcontract shall incorporate by reference all provisions and conditions of the Contract resulting from this RFP. Spotsylvania County’s approval of a subconsultant shall not relieve the Consultant of any of its responsibilities, duties or liabilities hereunder. The Consultant shall continue to be responsible to Spotsylvania County for performance of the subconsultant and the subconsultant, for all purposes, shall be deemed to be an agent or employee of the Consultant. Nothing in the Contract resulting from this RFP or any subcontract shall create any contractual relationship between any subconsultant and Spotsylvania County. EE. Tax Exemption The County of Spotsylvania as a public body politic and corporate of the Commonwealth of Virginia, is exempt from any Federal excise tax and Virginia sales and use tax for purchases made by the County. FF. Termination Spotsylvania County shall have the right to terminate at Spotsylvania County’s convenience, with or without cause, any Contract resulting from this RFP by specifying the date of termination in a written notice. In this event, the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed. All work produced, and data collected shall become the property of Spotsylvania County. Spotsylvania County Schools - GENERAL TERMS AND CONDITIONS AND REQUIRED SPECIAL TERMS AND CONDITIONS/FEDERAL PROCUREMENT STANDARDS: (Revised 08/15/2023) These General Terms and Conditions shall apply to all purchases and be a part of every contract awarded by SBCS unless otherwise specified in writing. Bidders/Offerors, or their authorized representatives, are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. These General Terms are subject to all Federal, State, and local laws, SBCS policies, regulations and rules. Bids/Proposals submitted by Contractors to SBCS and all contract awards made by SBCS will bind Bidders/Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. ________________________________________________________________________________________ 1. SCHOOL DIVISION LEGAL STATUS: The school board is a corporate body whose official title is “The School Board of the County of Spotsylvania” herein referred to as SBCS. 2. ADDENDA: Any changes or supplemental instructions to a solicitation, shall be in the form of written addenda. Most addenda are included with each solicitation. Each bidder/offeror is responsible for obtaining all addenda posted on the Purchasing Department website, or by calling 540-834-2500. Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each addendum, signed by the bidder/offeror. Failure to do so, may result in rejection of the solicitation. All addenda issued shall become part of the solicitation and all resulting contract documents. 3. ANTI-DISCRIMINATION: By submitting their bid/proposal, the Bidder/Offeror certifies to SBCS that it 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, the Virginians with Disabilities Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and all other federal or state anti-discrimination laws, including Section 2.2-4311 of the Virginia Public Procurement Act (VPPA). Neither the public body's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form. 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 or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by SBCS (Code of Virginia, Section 2.2-4343.1E.). In every contract over $10,000, the provisions in 2.1. - 2.3 below apply: During the performance of this contract, the Contractor agrees as follows: a. 2.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by 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. 2.2 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. 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; c. 2.3 The Contractor will include the provisions of 2.2 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 4. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to SBCS 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 SBCS under said contract. 5. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including, but not limited to, the Code of Virginia, Virginia Public Procurement Act (VPPA), and any litigation with respect thereto shall be brought in the state courts of the Commonwealth of Virginia. The Contractor shall comply with applicable federal, state and local laws and regulations, and be legally authorized to do business in the Commonwealth of Virginia. 6. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of SBCS and other participating jurisdictions. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of SBCS, nor shall it be construed as giving any rights or benefits hereunder to anyone other than SBCS and Contractor. 7. AUTHORITY: The Superintendent, or his designee, has the responsibility and authority for issuance of Invitations to Bid, Requests for Proposals, negotiations, placing and modifying invitations, requests, purchase orders and awards issued by and for SBCS. In the discharge of these responsibilities, the Superintendent may be assisted by delegating to the Purchasing Agent or other staff member(s). No other School Board officer or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate the School Board for any indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and the School Board shall not be bound thereby. 8. AVAILABILITY OF FUNDS: The continuation of the terms, conditions, and provisions of a resulting contract or renewal beyond June 30 of any year, or at the end of the SBCS fiscal year, are subject to appropriation by The School Board of the County of Spotsylvania and the necessary money to fund said contract for each succeeding year. In the event of non-appropriation of funds, the contract will be terminated for convenience, without penalty and with no recourse for the Contractor. 9. BID/PROPOSAL ACCEPTANCE PERIOD / RESULTS / WITHDRAWAL: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. The procedures for withdrawal of bids hall be in accordance with Section §2.2-4330 of the Code of Virginia, 1950, as amended. The bidder shall give notice in writing to the Procurement manager of bidders claim of right to withdraw its bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original papers with such notice. The work papers, documents and materials shall, at bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of the Code of Virginia §2.2-4342, as amended. Within five (5) business days, SBCS will notify the bidder in writing of its decision. If SBCS denies the withdrawal of bid under provisions of the Code of Virginia §2.2-4330, as amended, it shall state in such notice, the reasons for its decision and award the contract to such bidder at the price provided, SBCS will return all work papers and copies thereof to the bidder. If the bid/proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Bid/proposal results are posted on the Purchasing Department website or available upon request. 10. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: The parties may agree 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. SBCS may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give SBCS a credit for any savings. Said compensation shall be determined by one of the following methods: By mutual agreement between the parties in writing; or By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to SBCS’ right to audit the Contractor’s records and/or determine the correct number of units independently; or By ordering the Contractor to proceed with the work and keeping a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present SBCS with all vouchers and records of expenses incurred and savings realized. SBCS shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Department within thirty (30) days from the date of receipt of the written order from SBCS to proceed. If the parties fail to agree on an amount of adjustment, the questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for relieving disputes provided by the Disputes Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered, in writing, by SBCS or with the performance of the contract generally. No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater, without the advanced written approval of the School Board, as applicable. 11. CLARIFICATION OF TERMS: If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder /Offeror shall contact the Purchasing Official whose name appears on the face of the solicitation no later than the date/time stated in the in solicitation for the receipt of questions. Any revisions to the solicitation will be made only by a written addendum issued by the Purchasing Official. 12. CONDITION OF ITEMS: All items shall be new, and in first class condition, including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized. 13. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part unless the solicitation specifically permits conditional bids. 14. CONFLICT OF INTEREST: The Bidder/Offeror certifies by signing the bid/proposal submitted in response to this solicitation that no conflict of interest exists between the Bidder/Offeror and SBCS that interferes with fair competition and no conflict exists between the Bidder/Offeror and any other person or organization that constitutes a conflict of interest with respect to the contract and SBCS. 15. CONTRACT AWARD: The award(s) made in response to an IFB will be made to the lowest responsive and responsible Bidder(s) for each item, or group of related items indicated in the Pricing Schedule. If the bid from the lowest responsible bidder exceeds available funds, SCPS may negotiate with the apparent low bidder to obtain a contract price within available funds as permitted by Section 2.2-4318 of the Code of Virginia. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by SBCS for this contract prior to the issuance of the written Invitation for Bid. Negotiations with the low bidder may include both modifications of the bid price and the Scope of the Work/Specifications to be performed, using the procedures set forth in SBCS Regulation DJ-R1. The award(s) made in response to an RFP will be made to the highest qualified Offeror whose proposal is determined, in writing, to be the most advantageous to SBCS taking into consideration the evaluation factors set forth in the RFP. Delivery time lines shall be a factor in making an award. SBCS reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by SBCS to be in its best interest. SBCS reserves the right to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of SBCS to be in its best interest. SBCS reserves the right to make the sole determination of whether the model and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications attached. SBCS’s decision shall be final. 16. CONTRACT DOCUMENTS: The Contract entered into by the parties shall include this Invitation For Bid/Request for Proposal, the signed bid/proposal submitted by the Contractor, the Notice of Award or Purchase Order/Contract, the General and Special Terms and Conditions, the Certificate of Compliance Involving Crimes Against Children, the listed Specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. 17. CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS: Contractor agrees, by its provision of goods or services to SBCS in accordance with the purchase order/contract, that if it is a corporation, limited liability company, business trust or limited partnership, or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth as required by Section 2.2-4311.2 of the Code of Virginia. It further agrees that it shall not allow its existence to lapse or its certificate or authority or registration to transact business in Virginia to be revoked or cancelled during the term of the contract. 18. CONTRACTUAL DISPUTES: Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment. However, written notice of the Contractor's intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract 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. Pendency of claims shall not delay payment of amounts agreed due in the final payment. A claim to SBCS must be initiated by the filing of a Notice of Claim to the attention of the Purchasing Department within the time limits prescribed. It is not sufficient that Notices of Claim be postmarked within the time limits. The Notice must actually be delivered within the time limits. The party noticing the claim assumes whatever risks are inherent in the selected method of delivery. The Notice must be in writing and state: a. That a claim is being filed; b. The decision related to which the claim is being made; c. The contract number and other identification of the contract; d. The basis for the claim; and e. The relief sought. SBCS shall render a decision in writing within sixty (60) days. A Contractor may not invoke administrative procedures, or institute legal action prior to receipt of the SBCS decision on the claim, unless SBCS fails to render such decision within the specified time. The decision of SBCS shall be final and conclusive unless the Contractor appeals within six (6) months of the date of the final decision on the claim by SBCS by invoking administrative procedures meeting the standards of VPPA §2.2-4365, or in the alternative by instituting legal action as provided in VPPA §2.2-4364. 19. COPYRIGHTS OR PATENT RIGHTS: The bidder/offeror certifies by submission of a bid/proposal, that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services ordered or shipped as result of any solicitation. The Contractor shall, at his/her own expense, (1) pay all royalties and license fees necessary for performance of the contract; and (2) defend any and all actions or suits charging such infringement of any patent rights or any other proprietary rights arising from, or related to, performance of the resulting contract and shall defend and hold SBCS and its officers, employees, and agents harmless from any and all liability, loss or expense, including attorneys’ fees, incurred by any violation, or alleged violation. 20. DEBARMENT STATUS: By submitting their bid/proposal, the Bidder/Offeror certifies that it is not currently debarred by the Commonwealth of Virginia or SBCS from submitting bids/proposals on contracts for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor. 21. DEFINITIONS: a. INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the solicitation, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured b. PROFESSIONAL SERVICES: Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, professional engineering or any other profession which the Virginia General Assembly has so classified. c. PUBLIC BODY: Any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty and empowered by law. d. RESPONSIBLE BIDDER/OFFEROR: A person who has the capability, in all respects, to perform fully the contract requirements and moral business integrity and reliability which will assure good faith performance, and who has been pre-qualified, if required. e. RESPONSIVE BIDDER: means a person who has submitted a bid that conforms in all material respects to the solicitation. 22. DRUG-FREE WORKPLACE: By submitting their bid/proposal, the Bidder /Offeror shall in accordance with Section 2.2-4312 of the VPPA agree to maintain a drug-free workplace. In every contract over $10,000 provisions 20.1 – 20.4 below shall apply. During the performance of this contract, the Contractor agrees to: a. 22.1 Provide a drug-free workplace for the Contractor’s employees. b. 22.2 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. c. 22.3 State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace. d. 22.4 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 a specific contract awarded to a Contractor in accordance with the VPPA, 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. 23. ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit bid/proposed price will govern. Erasures in bids/proposals must be initialed by the Bidder/Offeror. Carelessness in quoting prices, or in preparation of bids/proposals will not relieve the Bidder/Offeror. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors. Errors discovered after public opening cannot be corrected and the Bidder/Offeror will be required to perform if his/her bid/proposal is accepted. 24. ETHICS IN PUBLIC CONTRACTING: By submitting their bid/proposal, Bidders/Offerors certify that their bid/proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their bid/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. 25. EXHAUSTION OF ADMINISTRATIVE REMEDIES: No potential Bidder/Offeror or Contractor shall institute any legal action until all administrative remedies available under this solicitation and resulting contract have been exhausted and until all statutory requirements have been met. 26. EXAMINATION OF RECORDS: The Contractor agrees that in any contract resulting from this solicitation, SBCS or any duly authorized representative shall, until the expiration of three (3) years after final contract payment, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to the contract. The period of access provided in the paragraph above for records, books, documents, and papers which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any resulting contract or any contracts with vendors shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of. 27. EXTRA CHARGES NOT ALLOWED: The bid/proposal prices shall be for the complete delivery ready for SBCS use, and shall include all applicable freight charges; extra charges will not be allowed for shipment to multiple locations. 28. FAILURE TO DELIVER: Failure to comply with the terms and conditions of this solicitation or to deliver goods and/or services identified in the solicitation and resulting contract at the firm fixed prices quoted will be considered default of the contract award. Should the contractor fail to deliver an order at the time specified, or within a reasonable period of time thereafter, as determined by the Purchasing Official, or should the contractor fail to make timely replacement of rejected items when so requested, SBCS may purchase items of comparable quality in the open market to replace the rejected or undelivered items. The contractor shall reimburse SBCS for all costs above the contract price when purchases are made in the open market. This remedy shall be in addition to any other remedies which SBCS may have. 29. FINANCE/INTEREST CHARGES: Finance and/or interest charges imposed by the Contractor on any invoice shall not be paid by SBCS. 30. FELONY CONVICTIONS OR SEXUAL ABUSE: Contractor acknowledges and certifies that all employees of Contractor and sub-contractors performing work on school division property or property being used by the school division, are not convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. The contractor further acknowledges and certifies that it understands that allowing any person subject to the direct or indirect control of Contractor to perform work or enter on school division property if such person has been convicted of such a crime, constitutes a breach of contract and may result in default action being taken by SBCS in addition to any criminal penalties that may result from such breach or conduct. 31. GOVERNING LAW: This contract shall be governed by the law of the Commonwealth of Virginia. Any legal action relating to this contract shall be brought in the state courts of the Commonwealth of Virginia without exception. 32. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bid/proposal, Bidders/Offerors certify that they do not and will not during the performance of this contract employ any unauthorized alien or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 33. INCLEMENT WEATHER: Due to inclement weather conditions, SBCS may elect to close or delay the opening of schools and administration offices. In the event of a delayed school opening, all times shall remain as stated in the solicitation. In the event that Spotsylvania County Public Schools close on a CODE ZERO or CODE ONE, any Optional/Mandatory Pre-bid/proposal Conference and all Bid Openings/Proposal Receipts will be held on the next business day the Spotsylvania County Public Schools experience a normal opening or a delayed opening at the time previously scheduled. No exceptions will be made in this matter. 34. INDEMNIFICATION: The Contractor shall defend, indemnify, save and hold harmless SBCS, its officers, agents, employees, volunteers and participating jurisdictions against and from any and all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs of investigation, attorneys’ fees, cost of appeals arising out of any such claims or suits, and other expenses which may otherwise accrue against SBCS in consequence of the granting of a contract or which may or otherwise result in connection with work therefrom, if it shall be determined that the act was caused through negligence, omission or commission of the Contractor, including its agents, subcontractors, employees, and volunteers. The Contractor expressly understands and agrees that any performance bond or insurance shall in no way limit the responsibility to defend, indemnify, keep and save harmless SBCS as herein provided. Furthermore, it is understood and agreed that the Contractor is at all times herein acting as an independent contractor. 35. INSURANCE: By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will have Workers’ Compensation insurance and Commercial General Liability Insurance in effect with the below-stated limits. Limits of the Workers’ Compensation insurance shall be established as required by the Workers’ Compensation Act of Virginia. Additionally, it will maintain this during the entire term of the contract and certifies that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, SBCS reserves the right to require the Contractor to furnish certificates of insurance for the coverage required by SBCS and the Commonwealth. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The School Board of the County of Spotsylvania must be named as an additional insured and so endorsed on the policy. Automobile Liability - $1,000,000 per occurrence. 36. INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted in duplicate by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall reference said purchase order/contract number and shall be in the same legal name of the Contractor as indicated on the Contract. 37. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous Substances” as defined by Section 1261 of Title 15 of the United States Code (U.S.C.), then the Bidder/Offeror, by submitting their bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the Bidder/Offeror does not violate any of the prohibitions of Title 15 of the U.S.C. or Section 1263. 38. LATE BIDS – RECEPIT OF BIDS/PROPOSALS: To be considered for selection, bids/proposals must be received by the SBCS Administrative Office by the designated date and hour. The official time used in the receipt of bids/proposals is local prevailing eastern standard Verizon time. Bids/Proposals received in the SBCS Administrative Office after the date and hour designated are non-responsive, automatically disqualified, and will not be considered. SBCS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-school mail system or delivery by any other means. It is the sole responsibility of the Bidder/Offeror to ensure that its bid/proposal reaches the SBCS Administrative Office by the designated date and hour. Please Note: Fed-Ex and other overnight services do not guarantee A.M. delivery to Spotsylvania County 39. MANDATORY USE OF SBCS FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the official SBCS form provided for that purpose may be cause for rejection of the bid/proposal. Unauthorized modification of, or additions to this solicitation or the General and/or Special Terms and Conditions of this solicitation, may be cause for rejection of the bid/proposal; however, the Purchasing Official reserves the right to decide, on a case by case basis, in his/her sole discretion, whether to reject such a bid/proposal as non-responsive. As a precondition to its acceptance, SBCS may, in its sole discretion, request that the Bidder/Offeror withdraw or modify non-responsive portions of a bid/proposal, which do not affect quality, quantity, price or delivery. 40. MATERIAL SAFETY DA