AUGUSTA COUNTY SCHOOL BOARD Purchasing Department

PO Box 960 Verona, VA 24482

IFB#

5102018

BID RELEASE DATE

May 10, 2018

BID OPENING DATE AND HOUR

Wednesday, May 30, 2018 2:00 PM Local Prevailing Time

PROJECT:

Beverage Vending Machines and Services

ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO:

Debby Berrington Benefits and Purchasing Manager

E-MAIL ADDRESS: dberring@augusta.k12.va.us TELEPHONE NUMBER: 540-245-5126 FAX NUMBER: 540-245-5115

NOTE: Augusta County School Board does not discriminate against faith-based organizations in accordance with the Code of Virginia 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to employment discrimination in the performance of its procurement activity.

SPECIAL INSTRUCTIONS

1. Responses must be submitted on this form and the attachment (s) provided. 2. Responses should be signed below. 3. Responses will be received in the Augusta County School Board, Purchasing Department, PO Box 960, 18 Government Center Lane, Verona, VA 24482 until the

bid opening date and hour or, if specified, the bid return date and hour shown above. 4. Contact the buyer listed above for bid award information. 5. DELIVERY IS F.O.B. DESTINATION UNLESS OTHERWISE NOTED IN THE BODY OF THE BID. 6. Attachments (if applicable) are incorporated by reference into this invitation for bid and any resulting contract. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THE ATTACHMENTS

ENCLOSED, THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS OR SERVICES FOR THE PRICE(S) OFFERED.

Undersigned Bidder hereby certifies that he/she has carefully examined all conditions and specifications of this Invitation For Bid and hereby submits this bid pursuant to such instructions and specifications.

CONTACT NAME/TITLE (PRINT)

EMAIL ADDRESS

SIGNATURE DATE

THIS IS NOT AN ORDER

Direct questions in need of clarification no later than 5 working days before the due date to Debby Berrington at dberring@augusta.k12.va.us or fax to 540-245-5115.

Any Changes and/or Addenda to this solicitation will be posted on the ACPS website at www.augusta.k12.va.us/procurement. Bidders are responsible for checking this website prior to bid submission. Failure to acknowledge all addenda may result in rejection of your bid as non-responsive.

1. PURPOSE: The Purpose and Intent of this Invitation for Bid is to solicit competitive bids from responsible bidders to establish one or more contract(s) to provide a Full Service Beverage Vending Program for Augusta County Public Schools (ACPS), in accordance with the specifications, terms and conditions stated herein. The successful bidder(s) will be expected to provide service to any or all of ACPS’s eighteen (18) existing school locations and other departments upon request. The District currently has an enrollment of approximately 10,150 students and over 1600 full-time employees. ACPS seeks to provide the option for the schools to purchase brand name beverages and to ensure this ability, ACPS may award to more than one contractor in order to serve the schools. Each school facility shall have the option of choosing whether to install vending machines and the number of machines and the product(s) to be sold. To ensure equal access to equivalent services in every school, the pricing of the product and services for each school shall be standardized; however, each school’s principal (or his/her designee) may have the ability to set the pricing of the product to the consumer. ACPS reserves the right to award multiple contracts to more than one bidder, in part or in whole, whichever is deemed in its best interests. ACPS’s School Nutrition Department and school athletic concessions will be excluded from the provisions of this contract. ACPS may also purchase drinks from other Cooperatives and individual contracts, including but not limited to School Nutrition.

2. SCOPE OF CONTRACT: Contractor(s) shall provide all necessary labor, tools, materials, equipment and resources as may be

required to provide Beverage Vending Services in accordance with the specifications stated herein.

3. PERIOD OF CONTRACT: The period of this contract shall be from the date of award through June 30, 2021. Bidders submitting bids for less than the contract period specified or other than a firm, fixed price for the contract period will not be accepted.

4. RENEWAL OF CONTRACT:

4.1 By mutual agreement of the Contractor and school division, this contract may be renewed for three (3) successive one-year periods, under the terms and conditions of the current contract, and at a reasonable time (approximately 90 days) prior to expiration. Notice of the school division’s intention to renew the Contract may be given prior to the expiration date of each period, however the Contractor’s performance in any renewal or extension period without notice from the school division will constitute acceptance of an additional Contract period.

4.2 Price or rate change increase request require minimum 30 day written notice and may be negotiated only at time of

renewal. Request must include the proposed effective date and reason for the adjustment. It is the Contractor’s sole responsibility to provide sufficient documentation to demonstrate the need and support the requested adjustment (i.e. appropriate Bureau of Labor Statistics index, change in manufacturer’s price, etc.).

5. CONTRACT ADMINISTRATOR: Building control of machines, locations, and contents will fall under the auspices of principals or

on-site supervisor. Each principal or site supervisor shall make decisions regarding placement of equipment, access to building, and operation hours, as long as such acts do not violate any county, state or federal policies.

6. PRODUCT INFORMATION:

6.1 ACPS desires a wide variety of refrigerated beverages to be mutually agreed upon between the ACPS and the Contractor, and may include: soft drinks, waters, juices, isotonic beverages and others as may be recommended and accepted by the ACPS. The Contractor will identify and provide, or offer to provide, at ACPS's option, all beverages packaged, manufactured or distributed by or otherwise available (i.e., through agreements, relationships, alliances or other cooperative effort) to the Contractor. It is the intent of ACPS to ensure the majority of products vended in the machines are nationally advertised brand names of first quality.

6.2 Machines located for student access will meet the USDA’s “All Foods Sold in Schools” Standards shown in Exhibit A. All

companies must follow the “Alliance School Beverage Guidelines” for vending machines where students have access to the products. For additional information on these guidelines, visit www.healthiergeneration.org website. Products must comply with all Virginia Public School Nutrition Policy regulations currently in effect and as they may change throughout the term of the contract.

6.3 All ingredients must be shown on the product label as required by the Food and Drug Administration. All products must

carry legible, open code dating on each can, bottle or case and indicate the expiration date.

6.4 The Vendor will provide high quality, fresh merchandise. All products will be removed from the vending machines on the

date that the freshness dating expires. All products will be considered past dated according to the date stamped on the manufacturers’ package.

6.5 All vending machines installed, either as original or replacement machines, shall be current production model equipment.

All vending machines shall be attractive in appearance using the latest designs in the marketplace and shall reasonably match in both color and style. Legs must be provided with a glide of sufficient diameter to sustain the weight of a fully stocked machine without pressing into soft floor covering. Energy efficient machines are required. Power to the vending machines must fit the present configuration at each location. The Vendor will not be charged for the power consumption by the machines.

6.6 Vending machines are to be installed by the contractor at no charge to ACPS. Vending machines shall remain the property

of the Vendor. 6.7 Machines located for student access will have timers to restrict access during hours of school nutrition program operation. 6.8 The Vendor shall add or replace vending machines at the discretion of the building supervisor. Permission to relocate,

exchange or remove vending machines must be approved in advance by the building supervisor.

7. FULL SERVICE VENDING: All vending machines shall be serviced by the Vendor on a "full service" basis. The term "full service"

shall mean that

7.1 The Vendor shall fill all such vending machines with the Vendor's Beverages, which the Vendor owns and shall continue to own until purchased by a customer.

7.2 In consultation with the Vendor, a school administrator or his/her designee, shall set the vending price for the Beverages which are to be dispensed through these machines.

7.3 The Vendor will deliver only enough product necessary to fill the vending machines and leave no excess inventory on ACPS Properties.

7.4 The Vendor will service vending machines at a minimum of once per week during regular hours of operations. Other delivery times must be coordinated and approved by building administration.

7.5 The Vendor will respond within 12 hours of notification of empty (50% or more of the selections are sold out) vending machine.

7.6 The Vendor will collect all moneys received for the Beverages dispensed through these machines.

7.7 The Vendor will be responsible for the placement of a notification on the machine that use of these machines are at the consumer's risk and no refunds will be issued.

8. ACCOUNTING PROCEDURES:

8.1 Written monthly vending activity reports must be sent to each individual location reflecting the starting and ending

meter reading on each machine and the dates the meters were read. Selected vendor(s) will provide a detail of total sales on a monthly basis at each location and the commission earned from the sales by machine.

8.2 The Contractor will pay vending machine commissions in twelve monthly payments based upon Gross Sales during the month.

8.3 Payment of vending commissions will be made to each location by the end of each month for the preceding month’s commission, unless otherwise agreed. The Contractor shall pay a minimum of six percent (6%) interest or the six month Treasury bill rate whichever is higher, as a late fee for payments made after the due date.

8.4 All Contractor financial records pertaining to this contract will be made available for audit during normal working hours by ACPS or its designated auditor.

9. PRICING: 9.1 Commission percentages and incentives must be consistent and offered to each school covered under the contract.

9.2 The percentage offered for the commission, any amount of revenue sharing programs, and annual guaranteed minimum contract fees (if any) shall remain fixed over each period of the contract.

9.3 A product and pricing listing shall be provided in the bid submission and shall conform to USDA’s “All Foods Sold in Schools” Standards in Exhibit A.

10. PERSONNEL

10.1 Successful Bidder(s) and their employees shall park motor vehicles only in a place or places designated and/or approved by the facilities manager (principal).

10.2 The Successful Bidder(s) shall require their employees and agents to wear nametags and dress neatly (in uniforms if part of successful Bidder’s normal dress code) when on ACPS premises. All employees of the successful Bidder must conduct themselves at all times in a courteous manner, so as not to create a disturbance or distraction at any facility.

10.3 The Successful Bidder(s) must be willing to comply with ACPS’ Standard Terms and Conditions.

11. ACPS LOCATIONS:

SCHOOL ADDRESS CITY STATE ZIP

Buffalo Gap High 1800 Buffalo Gap Highway Swoope VA 24479

Fort Defiance High 195 Fort Defiance Road Fort Defiance VA 24437

Riverheads High 19 Howardsville Road Staunton VA 24401

Stuarts Draft High 1028 Augusta Farms Road Stuarts Draft VA 24477

Wilson Memorial High 189 Hornet Road Fishersville VA 22939

Beverley Manor Middle 58 Cedar Green Road Staunton VA 24401

Stewart Middle 118 Fort Defiance Road Fort Defiance VA 24437

Stuarts Draft Middle 1088 Augusta Farms Road Stuarts Draft VA 24477

Wilson Middle 232 Hornet Road Fishersville VA 22939

Cassell Elementary 1301 Rockfish Road Waynesboro VA 22980

Churchville Elementary 3710 Churchville Avenue Churchville VA 24421

Clymore Elementary 184 Fort Defiance Road Fort Defiance VA 24437

Craigsville Elementary 100 East First Street Craigsville VA 24430

North River Elementary 3395 Scenic Highway North River VA 22843

Riverheads Elementary 239 Don Hanger Circle Staunton VA 24401

Stuarts Draft Elementary 63 School Boulevard Stuarts Draft VA 24477

Stump Elementary 115 Draft Avenue Stuarts Draft VA 24477

Wilson Elementary 127 Woodrow Wilson Avenue Fishersville VA 22939

12. CURRENT MACHINES BY LOCATION:

SITE LOCATION # DRINK VENDING

MACHINES - STUDENTS

# DRINK VENDING

MACHINES - FACULTY

CURRENT VEND PRICE

Buffalo Gap High 4 1 $1.25

Fort Defiance High 2 1 $1.25

Riverheads High 3 1 $.75 - $1.25

Stuarts Draft High 2 2 $1.00 - $1.25

Wilson Memorial High 0 1 $1.00

Beverley Manor Middle 1 2 $1.00 - $1.25

Stewart Middle 1 1 $1.25

Stuarts Draft Middle 0 1 $1.25

Wilson Middle 0 2 $.50 - $1.00

Cassell Elementary 0 2 $1.00 - $2.50

Churchville Elementary 1 1 $1.25

Clymore Elementary 0 2 $1.25

Craigsville Elementary 0 1 $1.25

North River Elementary 1 1 $1.25

Riverheads Elementary 0 2 $1.00

Stuarts Draft Elementary 0 3 $.50 - $1.25

Stump Elementary 0 1 $1.00

Wilson Elementary 0 1 $1.25

BID FORM:

Qualification of Bidder: The bidder must have the capability and capacity in all respects to satisfy fully all of the contractual requirements. Bidder certifies that it is engaged in a fulltime business operation for this type service and has been for a minimum of three (3) years.

PERCENTAGE COMMISSION: Indicate the percentage commission of NET SALES offered

%

YEARS IN BUSINESS: Indicate length of time providing this type of service

YEARS

MTHS

PERSONNEL: Indicate size of your present staff that will service the account

FLEET: Indicate size of your fleet

Submittal Requirements:

1. Nutritional analysis on all beverage items

2. Electrical Requirements needed to operate the equipment

3. Product and pricing list for vending choices showing brand name, size and price

4. List of fund raising and/or incentive opportunities, if applicable

5. Appendix A – Compliance with Virginia Law for Transacting Business in Virginia

6. Appendix B – Certification of Contractor

7. Appendix C - References

Authorized Signature:

Printed Name:

Bidding Company:

Mailing Address:

Email Address:

Phone Number: Fax Number:

Appendix A

Compliance with Virginia Law for Transacting Business in Virginia The undersigned hereby agrees, if this Bid/Proposal is accepted by ACPS, for such services and/or items that the undersigned has met the requirements of the Virginia Code Section 2.2-4311.2. Please complete the following by checking the appropriate line that applies and providing the requested information: A. _____ Bidder/offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is_______________________. (The SCC number is NOT your federal ID number). B. _____ Bidder/offer is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is ________________________. C. ______ Bidder/offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s): Please attach additional sheets of paper if you need to explain why such bidder/offeror is not required to be authorized to transact business in Virginia.

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

Legal Name of Bidder:

Date:

Authorized Signature:

Print or Type Name and Title:

Appendix B

CERTIFICATION OF CONTRACTOR

Full Name of Contractor: (Insert name of company or individual contractor)

Description of Contract: Beverage Vending Machines and Services

As required by Section 22.1-296.1 of the Code of Virginia, the undersigned hereby certifies that none of the persons who will provide services requiring direct contact with students on school property during school hours or during school-sponsored activities has been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. I further understand and acknowledge (1) that if I make a materially false statement regarding any of the above offenses, I will be guilty of a Class 1 misdemeanor and (2) that before any person is permitted to provide such services subsequent to this certification, I must complete a new certification regarding such person.

Authorized Signature:

Date:

Print Name and Title:

Address:

Phone:

Fax:

Email:

Appendix C

REFERENCES

Bidders shall provide a listing of at least three (3) references for which the company has provided specified goods/services of the same or greater scope within the last three (3) years. ACSB cannot be a reference.

1. Customer Name: Contact Name: Contact Title:

Address: Phone No.

Fax No.

2. Customer Name: Contact Name: Contact Title:

Address: Phone No.

Fax No.

3. Customer Name: Contact Name: Contact Title:

Address: Phone No.

Fax No.

4. Customer Name: Contact Name: Contact Title:

Address: Phone No.

Fax No.

5. Customer Name: Contact Name: Contact Title:

Address: Phone No.

Fax No.

GENERAL TERMS AND CONDITIONS:

(Vendor: The general rules and conditions which follow apply to purchases and become a definite part of each formal solicitation and resulting contract award issued by the Purchasing Department, unless otherwise specified. Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids; failure to do so will be at the bidder’s own risk and relief cannot be secured on the plea of error.)

Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations

imposed by legislation of the Federal Government, bids on all solicitations issued by the Purchasing Department will bind bidders to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. ANTI-DISCRIMINATION: By submitting their bid, the Bidder certifies to the School Board that they will conform to the provisions

of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients 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 the public body (Code of Virginia, 2.2-4343.1E).

In every contract over $10,000 the provisions in 1.1 through 1.5 below apply. During the performance of this contract, the contractor agrees as follows: 1.1 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 state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

1.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements;

1.4 The requirements of these provisions 1.1 And 1.2 are a material part of the contract. If the Contractor violates one of these provisions, the School Board may terminate the affected part of this contract for a breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from contracting regardless of whether the specific contract is terminated.

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

The contractor will include the provisions of 1.1 through 1.5 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the School Board all rights, title

and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the School Board under said contract.

3. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

4. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent

of the School Board and other participating jurisdictions.

5. AUTHORITY: The Finance Department has the sole responsibility and authority for issuance of invitations to bid, request for proposals, negotiations, placing and modifying invitations, requests, purchase orders and awards issued by and for the School Board of Augusta County (ACSB). In the discharge of these responsibilities, the Finance Department may be assisted by delegating authority to Directors and other school board staff. No other School Board officers or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate the School Board for 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.

6. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

6.1 The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or

services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in price of the contract resulting from such modification shall be agreed to by the parties as a part of the written agreement to modify the scope of the contract.

6.2 ACSB 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 of installation. The Contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify ACSB of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If ACSB decides to issue a notice that requires an adjustment to compensation, the Contractor shall be compensated for any additional costs incurred as the result of such order and shall give ACSB a credit for any savings. Said compensation shall be determined by one of the following methods:

6.3 By mutual agreement between the parties in writing; or 6.4 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 or work performed, subject to ACSB’s right to audit the contractor’s records and/or determine the correct number of units independently; or

6.5 By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided in the contract. The same markup shall be used for determining a decrease in price as a result of savings realized. The contractor shall present ACSB with all vouchers and records of expenses incurred and savings realized. ACSB shall have the right to audit the records of the contractor as it deems necessary to determining the costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to ACSB within thirty days from the date of receipt of the written order from ACSB. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by ACSB or with the performance of the contract generally.

7. CLARIFICATIONS OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents,

the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

8. CONTRACT DOCUMENTS: The Contract entered into by the parties shall consist of this IFB or RFP, the signed bid submitted by

the Contractor, the Notice of Award or Purchase Order/Contract, the General and Special Terms and Conditions, the listed Specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. All time limits stated in the Contract Documents are the essence of the Contract.

9. CONTRACTUAL DISPUTES: Any dispute concerning a question of fact including claims of money or other relief as a result of a

contract with ACSB which is not disposed of by agreement shall be decided by the Supervisor of Purchasing, who shall reduce a decision to writing and mail or otherwise forward a copy thereof to the Contractor within ten (10) days. The decision of the

Supervisor of Purchasing shall be final and conclusive unless the Contractor appeals within ten (10) days of receipt of the written decision. 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. Pendency of claims shall not delay payment of amounts agreed due in the final payment.

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

11. DEBARMENT STATUS: By submitting their bid, the Bidder certifies that he/she is not currently debarred by the Commonwealth

of Virginia or ACSB from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

12. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace

for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

13. ETHICS IN PUBLIC CONTRACTING: By submitting their bid, bidders certify that their bid is made without collusion or fraud and

that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, 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.

14. EXHAUSTION OF ADMINISTRATIVE REMEDIES: No potential Bidder 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.

15. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the School Board, the Contractor

certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

16. INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted by the Contractor(s) 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.

17. 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, by submitting his/her bid, 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 does not violate any of the prohibitions of Title 15 of the U.S.C. or Section 1263.

18. MANDATORY USE OF FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the form provided for that purpose shall

be cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the School Board reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as non-responsive. As a precondition to its acceptance, the School Board may, in its sole discretion, request that the bidder withdraw or modify non-responsive portions of a bid which do not affect quality, quantity, price, or delivery.

19. MATERIAL SAFETY DATA SHEETS: Material and Safety Data Sheets shall be provided within two (2) business days upon request for each chemical and/or compound offered. Failure on the part of the Contractor to submit such data sheets may be cause for declaring the Contractor in default.

20. MODIFICATION OF CONTRACT: ACSB may, upon mutual agreement with the Contractor, issue written modifications to the scope

of work/specifications of this contract, and within the general scope thereof, except that no modifications can be made which may result in an increase of the original contract price by a cumulative amount of more than $50,000 or 25%, whichever is greater, without the advance written approval of the County School Board. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods as selected by the Purchasing Supervisor: The written modification shall stipulate the mutually agreed price for the specific addition to or deletion from the scope of work/specifications, which shall be added to or deducted from the contract amount. The written modification shall stipulate the number of unit quantities added to or deleted from the contract and multiplied by the unit price, which shall be added to or deducted from the contract amount. The written modification shall direct the Contractor to proceed with the work and to keep, and present in such form as ACSB may direct, a correct account of the cost of the change together with all vouchers therefore. The cost shall include an allowance for overhead and profit to be mutually agreed upon by ACSB and the Contractor.

21. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation

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

22. OFFICIAL NOT TO BENEFIT:

22.1 Each Bidder shall certify upon signing a bid that to the best of his/her knowledge no ACSB official or employee

having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or recession of the contract made or could affect payment pursuant to the terms of the contract.

22.2 Whenever there is a reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the bid or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, ACSB, as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

22.3 In the event the Bidder has knowledge of benefits as outlined above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes known after the inception of a contract the Bidder shall address the disclosure of such facts to: Supervisor of Purchasing, Augusta County School Board, PO Box 960, Verona, VA 24482. The Invitation for Bids Number shall be referenced in the disclosure.

23. PAYMENT TO PRIME CONTRACTOR:

23.1 Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the

payment address shown on the purchase order/contract. All invoices shall show the purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

23.2 Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after

invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days.

23.3 All goods or services provided under this contract or purchase order, that are to be paid with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

23.4 The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

23.5 Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2- 4363).

24. PAYMENT TO SUBCONTRACTORS: Within seven (7) days of the contractor’s receipt of payment from the School Board, a

contractor awarded a contract under this solicitation is hereby obligated to:

24.1 Pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

24.2 Notify the agency and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

24.3 The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven days following receipt of payment from the School Board, except for amounts withheld as stated in (24.2) above. The date of mailing any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the School Board.

25. PRECEDENCE OF TERMS: All of these General Terms and Conditions shall apply in all instances. In the event there is a conflict

between any of the General Terms and Conditions and Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

26. PROTEST OF AWARD OR DECISION TO AWARD: Any Bidder may protest the award or decision to award a contract by submitting

a protest in writing to the Bid Protest Officer no later than ten (10) days after public notice of the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Bid Protest Officer shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken.

26.1 If prior to award it is determined that the decision to award is arbitrary and capricious then the sole relief shall

be a finding to that effect. The Supervisor of Purchasing shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary and capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by ACSB. Where the award has been made and performance begun, the Supervisor of Purchasing may declare the contract void upon finding that this action is in the best interest of ACSB. Where a contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.

26.2 Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this paragraph shall not be affected by the fact that a protest or appeal has been filed.

26.3 An award need not be delayed for the period allowed a Bidder to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the offer would expire.

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

28. SMALL AND MINORITY BUSINESS ENTERPRISES: It is the policy of ACSB to undertake every effort to increase opportunity for utilization of small and minority businesses in all aspects of procurement to the maximum extent feasible. In connection with the performance of this contract, the Contractor agrees to use their best effort to carry out this intent and ensure that Small and Minority Businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract.

Contractors may rely on oral or written representation by subcontractors regarding their status as small and/or minority business enterprises in lieu of an independent investigation.

Where Federal grants or monies are involved, it is the policy of the School Board through its agents and employees to comply with the requirements set forth in the Standards governing State and Local Grantee Procurement of the U.S. Office of Management and Budget Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments, as they pertain to small and minority business utilization.

29. TAX EXEMPTION: ACSB is exempt from the payment of federal excise or Virginia Sales and Use Tax. The bid price must be net,

exclusive of taxes. When under established trade practices, any federal excise tax is included in the list price; the Bidder may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by ACSB.

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

30.1 If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner their obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, ACSB shall thereupon have the right to terminate, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall at the option of ACSB, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

30.2 Notwithstanding the above, the Contractor shall not be relieved of liability to ACSB for damages sustained by ACSB by virtue of any breach of contract by the Contractor. ACSB may withhold any payments to the contractor for the purpose of set off until such time as the exact amount of damages due to the ACSB from the Contractor is determined.

31. TERMINATION FOR CONVENIENCE: ACSB reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, whenever the Supervisor of Purchasing determines that such a termination is in the best interest of ACSB. Any such termination shall be effected by delivery to the Contractor, at least ten (10) working days prior to the termination date, a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. After receipt of a notice of termination, the Contractor must stop all work or deliveries under the purchase order/contract on the date and to the extent specified; however, any contract termination notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of termination. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

32. TESTING AND INSPECTION: ACSB reserves the right to conduct any test or inspection it may deem advisable to ensure services conform to the specification.

33. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does

not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the ACSB, in its sole discretion, determines to be equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable ACSB to determine if the product offered meets the requirements of the solicitation. ONLY THE INFORMATION FURNISHED WITH THE BID WILL BE CONSIDERED IN THE EVALUATION. FAILURE TO FURNISH ADEQUATE DATA FOR EVALUATION PURPOSES MAY RESULT IN DECLARING A BID NON-RESPONSIVE. Unless the bidder clearly indicates in its bid that the product offered is an “equal” product, such bid will be considered to offer the brand name product referenced in the solicitation.

34. VIRGINIA FREEDOM OF INFORMATION ACT: Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act.

34.1 Cost estimates relating to a proposed transaction prepared by or for a public body shall not be open to public inspection.

34.2 Any Bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening/receipt of all bids, but prior to award, except in the event that ACSB decides not to accept any of the bids and to re-solicit. Otherwise, bid records shall be open to public inspection only after award of the contract. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

34.3 Trade secrets or proprietary information submitted by any Bidder or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Bidder or Contractor must invoke the protection of this section in writing prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected, and state the reasons why protection is necessary.

34.4 Nothing contained in this section shall be construed to require ACSB to furnish a statement of the reason(s) why a particular bid was not deemed to be the most advantageous to ACSB.

35. CONTRACTOR EMPLOYEE BACKGROUND REQUIREMENTS

To protect the safety of students and school employees, (the contractor) certifies to the Division Superintendent that none of

(the contractor’s) employees, whether new or current, full-time or part-time, permanent or temporary, who will have direct contact with students, whether on- or off-campus, by virtue of this contract, (i) have been convicted of a felony, any offense involving sexual molestation, physical or sexual abuse or rape of a child, or involving lying, cheating or stealing; or (ii) have been the subject of a founded case of child abuse or neglect. (The contractor) shall conduct an investigation of the criminal history, sex offender status and agency determinations of child abuse of each employee who will have direct contact with students, whether on-or off-campus. (The contractor) shall conduct all such investigations with the written consent of affected employees and in compliance with all applicable laws. (The contractor) certifies that it has conducted such an investigation for all current employees who will be involved in performance of this contract. (The contractor) shall keep records of all investigations and shall make such records available to the division Superintendent or his designee upon request.

If any employee of (the contractor) who will have direct contact with students by virtue of this contract is arrested for, charged with, or convicted of any such offense, or becomes the subject of a child abuse investigation, (the contractor) shall notify the Superintendent of the arrest, charge, conviction or investigation as soon as reasonably practicable after (the contractor) is made aware of the arrest, charge, conviction or investigation. The Superintendent reserves the right to exclude such employee from positions that may involve contact between such employee and students or school employees, or to exclude such individual from school property entirely.

Failure by (the contractor) or one of its subcontractors to conduct investigations or to make the certifications required by this provision may constitute a breach of this contract and grounds for termination or rescission of the contract.

(The contractor) shall include the provisions of the foregoing paragraphs of this section in all contracts with its subcontractors for the contract or project, if any, so that such provisions are binding on all such subcontractors of (the contractor).

36. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the work commences. The bidder or offeror further certifies that the contractor and any subcontractors will maintain this insurance coverage during the entire term of the contract and 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, ACPS reserves the right to require the Contactor to furnish certificates of insurance for the coverage required by ACPS and Commonwealth of Virginia as indicated below:

36.1 Workers’ Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of

three or more employees, to include the employer. Contractors who fail to notify the School Board of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

36.2 Employer’s Liability - $100,000. 36.3 Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The School Board must be named as an additional insured and so endorsed on the policy.

36.4 Automobile Liability - $1,000,000 combined single limit.

37. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only

to the extent of the funds available or which may hereafter become available for the purpose of this agreement. 38. COOPERATIVE PURCHASING: The School Board may participate in, sponsor, conduct or administer a cooperative procurement

agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods or services. Except for contracts for professional services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal (RFP) or invitation for bid (IFB), if the RFP or IFB specified that the procurement was being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that will allow for participation in such an arrangement.

39. USE OF CONTRACT BY OTHER POLITICAL JURISDICTION: Bidders/Offerors are advised that all resultant contracts will be extended, with the authorization of the Bidder/Offeror, to other jurisdictions and Political Subdivisions of the Commonwealth of Virginia to permit ordering of supplies and/or services at the prices and terms of the resulting contract. If any other jurisdiction decides to use the final contract, the Contractor must deal directly with that jurisdiction or political subdivision concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing and payment. ACPS acts only as the “Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration of your bid/proposal.

It is the awarded vendor’s responsibility to notify jurisdictions and political subdivisions of the availability of the contract. ACPS

shall not be held liable for any costs or damage incurred by another jurisdiction or political subdivision as a result of any award extended to that jurisdiction or political subdivision by the awardee.

Each participating jurisdiction and political subdivision has the option of executing a separate contract with the awardee.

Contracts entered into with them may contain general terms and conditions unique to those entities. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction.

40. WITHDRAWAL OF BIDS OR PROPOSALS: A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request

is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder or offeror on the same Invitation for Bid/Request for Proposal.

Withdrawal of bids/proposals after opening is governed by Code of Virginia 2.2-4330. The bidder or offeror shall give notice in

writing of his/her claim of right to withdraw the bid/proposal within two business days after the conclusion of the bid opening

or receipt of proposals procedure, and shall submit original work papers with such notice. 41. INDEMNIFICATION: Contractor shall indemnify, keep and save harmless ACPS, its agents, officials, employees and volunteers

against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against ACPS in consequence of the granting of a contract or which may otherwise result therefrom, if the act was caused through negligence, error, omission, or reckless or intentional misconduct (or, in the case of intellectual property rights, by any act done without proper permission) of the Contractor or his or her employees, or that of the subcontractor or his or her employees if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against ACPS in any such action, the Contractor shall, at his or her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend ACPS as herein provided.

42. WARRANTIES & GUARANTEES: All warranties and guarantees required shall be furnished by the Contractor and shall be

delivered to ACPS before final payment on the contract is made. Unless otherwise stated, manufacturer’s standard warranty applies.

43. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, 2.2-4311.2 subsection B, an bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

44. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation,

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

SPECIAL TERMS AND CONDITIONS:

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

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

3. AWARD OF CONTRACT: The award for items listed in the Pricing Schedule will be made to the lowest responsive and

responsible Bidder satisfying all requirements and qualifications. ACSB reserves the right to make a separate award for each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of ACSB. ACSB may make multiple awards. ACSB reserves the right to reject any or all bids, 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 ACSB to be in its best interest. ACSB 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.

4. BID ACCEPTANCE: The bid shall be binding upon the Bidder for a minimum of 60 days following the bid receipt and

opening date. Any bid on which the Bidder shortens the acceptance period may be rejected as determined by the Supervisor of Purchasing.

5. BID PRICES: Bid price shall be in the form of a firm fixed lump sum amount price for the project during the contract

period. 6. BID SOLICITATION RESULTS: For information regarding the results of the Invitation for Bid, the bid tabulation and

subsequent notice of award will be posted on ACSB web site (www.augusta.k12.va.us/procurement).

7. CLEANING OF SITE: The Contractor shall at all times, keep the premises free from accumulation of waste materials or

rubbish caused by the work performed. Upon completion of the work, waste materials, rubbish, tools, equipment, machinery and surplus materials shall be removed from and about the job, and the Contractor shall clean all building surfaces and leave the work area “broom clean”.

8. EXTRA CHARGES NOT ALLOWED: The bid prices shall be for the complete delivery ready for ACSB use, and shall include

all applicable freight charges; extra charges will not be allowed for shipment to multiple locations. 9. 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 be found in default of the contract, any excess cost which may result from default actions shall be at the expense of the Contractor. The Contractor shall, in this instance, be responsible for any and all costs incurred by ACSB to procure such products and services elsewhere.

10. FINAL INSPECTION: At the conclusion of the work, the Contractor shall demonstrate to the authorized ACSB

representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

11. IDENTIFICATION OF BID ENVELOPE: The signed bid should be returned in a separate envelope or package, sealed, and

addressed as directed on the Cover Page.

Bids may be hand delivered to the designated location. No other correspondence or other bids should be placed in the envelope. ACSB will not accept facsimile and/or electronic bids.

12. LATE BIDS: To be considered for selection, bids must be received by the ACSB Purchasing Department by the designated date and hour. The official time used in the receipt of bids is that time on the clock located at the receptionist desk in the Augusta County School Board Central Office. Bids received after the date and hour designated are non-responsive, automatically disqualified and will not be considered. ACSB is not responsible for delays in 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 to ensure his/her bid reaches the Purchasing Department by the designated date and hour.

13. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are canceled or rejected, ACSB reserves the right granted by

Section 22-4318 of the Code of Virginia to negotiate with the lowest responsive and responsible Bidder to obtain a contract price within the funds available to ACSB whenever such low bid exceed ACSB’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by ACSB 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 Work/Specifications to be performed. ACSB shall initiate such negotiations by written notice to the lowest responsive, responsible Bidder that its bid exceeds the available funds and the ACSB wishes to negotiate a lower contract price. ACSB and the lowest responsive, responsible Bidder shall agree to the times, places and manner of negotiating.

14. RECEIPT OF BIDS: It is the responsibility of the Bidder to assure that the bid is delivered to the place designated for

receipt of bids prior to the time set for receipt of bids. No bid received after the time designated for receipt of bids shall be considered.

15. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing

agency. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the purchasing department the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

17. WARRANTY: Except as otherwise specified, all materials and equipment shall be fully guaranteed against defects in

material and workmanship for a period of one (1) year following date of delivery/installation. Should any defect be noted by ACSB, the Purchasing Office will notify the Contractor of such defect or nonconformance. Notification will state either (1) that the Contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the Contractor is required to correct or replace, it shall be at no cost to ACSB and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the Contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the Contractor the cost occasioned thereby or obtain an equitable adjustment to the contract price.

United States Department of Agriculture

Smart Snacks in School USDA’s “All Foods Sold in Schools” Standards

USDA has established practical, science-based nutrition standards for snack foods and beverages sold to children

at school during the school day. The standards allow schools to offer healthier snack foods to children, while

limiting junk food.

The health of today’s school environment continues to improve. Students across the country are now offered

healthier school lunches with more fruits, vegetables and whole grains. The Smart Snacks in School standards

build on those healthy advancements and ensure that kids are only offered tasty and nutritious foods during the

school day.

Smart Snacks in School also supports efforts by school food service staff, school administrators, teachers,

parents and the school community, all working hard to instill healthy habits in students.

Nutrition Standards for Foods

● Any food sold in schools must:

• Be a “whole grain-rich” grain product; or • Have as the first ingredient a fruit, a vegetable, a

dairy product, or a protein food; or • Be a combination food that contains at least ¼

cup of fruit and/or vegetable; or

● Foods must also meet several nutrient requirements: • Calorie limits:

° Snack items: ≤ 200 calories

° Entrée items: ≤ 350 calories

• Sodium limits:

° Snack items: ≤ 200 mg

Entrée items: ≤ 480 mg

• Fat limits:

° Total fat: ≤35% of calories

° Saturated fat: < 10% of calories

° Trans fat: zero grams

• Sugar limit:

° ≤ 35% of weight from total sugars in foods

EXHIBIT A

22

Smart Snacks in School: USDA’s “All Foods Sold in Schools” Standards

Nutrition Standards for Beverages

● All schools may sell:

• Plain water (with or without carbonation) • Unflavored low fat milk • Unflavored or flavored fat free milk and milk alternatives permitted by NSLP/SBP • 100% fruit or vegetable juice and • 100% fruit or vegetable juice diluted with water (with or without carbonation), and no added sweeteners.

● Elementary schools may sell up to 8-ounce portions, while middle schools and high schools may sell up to 12-ounce

portions of milk and juice. There is no portion size limit for plain water.

● Beyond this, the standards allow additional “no calorie” and “lower calorie” beverage options for high school students.

• No more than 20-ounce portions of • Calorie-free, flavored water (with or without carbonation); and • Other flavored and/or carbonated beverages that are labeled to contain < 5 calories per 8 fluid ounces or ≤

10 calories per 20 fluid ounces. • No more than 12-ounce portions of • Beverages with ≤ 40 calories per 8 fluid ounces, or ≤ 60 calories per 12 fluid ounces.

Other Requirements

● Fundraisers

• The sale of food items that meet nutrition requirements at fundraisers are not limited in any way under the standards.

• The standards do not apply during non-school hours, on weekends and at off-campus fundraising events. • The standards provide a special exemption for infrequent fundraisers that do not meet the nutrition

standards. State agencies determine the frequency with which fundraising activities take place that

allow the sale of food and beverage items that do not meet the nutrition standards.

● Accompaniments

• Accompaniments such as cream cheese, salad dressing and butter must be included in the nutrient profile as part of the food item sold.

• This helps control the amount of calories, fat, sugar and sodium added to foods by accompaniments,

which can be significant.