Last Updated: 10/31/2024

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the County of Albemarle will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the County of Albemarle has purchased or uses any of its products or services, and the contractor shall not include the County of Albemarle in any client list in advertising and promotional materials, unless the contractor has been given written permission by a County representative who is authorized to sign on behalf of the County.

B. ANTI-TRUST:  By entering into a contract, the contractor conveys, sells, assigns, and transfers to the County of Albemarle 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 County of Albemarle under said contract.

C. APPLICABLE LAWS & COURTS:  This procurement transaction, and any resulting contract, shall in all aspects be governed by the laws of the Commonwealth of Virginia, notwithstanding conflicts of laws provisions and any litigation with respect thereto shall be brought in the courts of the Commonwealth.  The County and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using the dispute resolution process contained within the Albemarle County Purchasing Manual, Chapter 26-3.  The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

D. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

E. AUTHORITY TO TRANSACT BUSINESS: Pursuant to Virginia Code § 2.2-4311.2 and in accordance with Title 13.1, Title 50, or as otherwise required by law, 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 by the State Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity and shall maintain registration as current through the life of the awarded contract. 

F. 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.

G. CANCELLATION OF CONTRACT: The County may terminate any agreement resulting from this solicitation at any time, for any reason or for no reason, upon thirty days’ advance written notice to the Contractor.  In the event of such termination the Contractor shall be compensated for services and work performed prior to termination.

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

A. The parties may agree in writing to modify the scope of the contract.  An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.  No fixed price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance approval of the County Administrator or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

B. The County 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 the County a credit for any savings.  Said compensation shall be determined by one of the following methods:

1. By mutual agreement between the parties in writing; or

2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the County’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

3. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized.  A markup for overhead and profit may be allowed if provided by the contract.  The same markup shall be used for determining a decrease in price as the result of savings realized.  The contractor shall present the County with all vouchers and records of expenses incurred and savings realized.  The County 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 County within thirty (30) days from the date of receipt of the written order from the County.  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.  Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the County or with the performance of the contract generally.

I. CLARIFICATION OF TERMS:  The County will assume no responsibility for oral instructions, suggestion or interpretation.  Any question regarding the offer documents and/or specifications shall be directed to the Purchasing Division and any material change will be submitted to all Offerors through issuance of an addendum.  Any questions related to this solicitation MUST be submitted to the contact named on the first page of this solicitation no fewer than seven (7) work days prior to the bid opening or proposal closing date specified. Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective Offerors without causing an unacceptable delay in the process. Any contact with any County representative, other than that outlined within this solicitation, concerning this solicitation is prohibited.  Such unauthorized contact may disqualify your firm from this procurement.

J. COLLUSIVE OFFERS:  The offer of any Offeror or Offerors who engage in collusive practices shall be rejected.  Any Offeror who submits more than one offer in such manner as to make it appear that the offers submitted are not on a competitive basis from different parties shall be considered a collusive Offeror.  The County may reject the offer of any collusive Offeror upon bid opening or proposal closing.  However, nothing in this section shall prevent an Offeror from superseding an offer by a subsequent offer delivered prior to bid opening or proposal closing which expressly revokes the previous offer.

K. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION:  The contractor assures that, in the event that any awarded contract involves information and data obtained as to personal facts and circumstances related to patients, students or clients, such information and data will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent and only in accordance with federal law or the Code of Virginia.  Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. Contractors shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting.  Contractors and their employees working on this project may be required to sign a confidentiality statement. 

L. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the County to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the Contractor’s offer. Under no circumstances shall the County be required to agree to any contractual provision (i) that would materially conflict with any provision of this solicitation, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, or (iii) that would, in the County’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the County’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the County.

M. CONTRACTOR LICENSE REQUIREMENTS:  State statutes and regulatory agencies require that some firms be properly registered and licensed, or hold a permit, prior to performing specific types of services.  If firms provide removal, repair, improvement, renovation or construction-type services they, or a qualified individual employed by the firm, must possess and maintain an appropriate State of Virginia Class A, B, or C Contractor License (as required by applicable regulations and value of services to be performed) for the duration of the Agreement.  It is the firm’s responsibility to comply with the rules and regulations issued by the appropriate State regulatory agencies.  A copy of the license must be furnished upon request to the County of Albemarle.

N. CONTRACTUAL CLAIMS AND DISPUTE RESOLUTION:

1. Compliance.  Strict compliance with this procedure is a prerequisite to proceeding with a claim under this Agreement, and no action or statement by County representatives waives such compliance.  All notices and communications required by this section must be in writing.

2. Intent to submit claim.  Contractor must notify the Purchasing Agent of its intent to submit a claim, whether for money or other relief, at the time of the occurrence or at the beginning of the work upon which the claim is based, whichever comes first.  “At the time of the occurrence or at the beginning of the work upon which the claim is based” means within 48 hours or, if good cause is shown, within 5 business days.  “Occurrence” includes:

a. The County transmits final payment; and
b. A representative of the County states that the County will not pay a requested amount.

3. Submission of claim.  Contractor must submit its claim no later than 60 days after it has notified the Purchasing Agent of its intent to file a claim.  The claim must identify the time of the occurrence or the beginning of the work upon which the claim is based, state the basis for the claim, and identify with specificity the relief sought.

4. Investigation of claim.  The Purchasing Agent shall investigate the claim.  As part of the investigation, the purchasing agent may request that Contractor submit additional information, or appear before the Purchasing Agent, to support its claim.  The period between such request and Contractor’s response tolls the time within which the Purchasing Agent must respond to the claim.  Failure to provide the requested information constitutes noncompliance with this procedure.

5. Purchasing Agent’s decision.  The Purchasing Agent shall render a decision within 30 days of receipt of Contractor’s claim, setting forth the reasons for such decision.  If the Purchasing Agent does not render a decision within 30 days, the claim is considered denied.  For good cause, the Purchasing Agent may notify Contractor that more time is required to render a decision.

6. The Purchasing Agent may settle the claim.  If resolution of the claim requires that the County pay additional money or forgo goods or services that it is arguably owed, then the Purchasing Agent’s authority to settle the claim is limited to 25% of the value of the contract or $50,000, whichever is greater.

7. Institution of legal action.  If Contractor is not satisfied with the Purchasing Agent’s decision, or the Purchasing Agent does not render a decision, it may appeal to the Circuit Court of Albemarle County.  Contractor’s appeal must comply with the Virginia Public Procurement Act and Title 15.2 of the Virginia Code.

8. Amounts not in dispute.  Contractor’s notice of an intent to file a claim does not permit the County to withhold or delay payment of amounts that it does not dispute.  Purchasing Agent’s non-response to a claim within the required time constitutes a dispute of amounts claimed.

O. DEBARMENT STATUS: By submitting their offers, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting offers 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.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, 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 County may have.

Q. DRUG-FREE WORKPLACE (applies to contracts of $10,000 or greater); Pursuant to Virginia Code Section § 2.2-4312, during the performance of this Agreement, Contractor agrees as follows:

R. ERROR IN EXTENSION OF PRICES:  In the case of error in the extension of prices the unit price shall govern.

S. ETHICS IN PUBLIC CONTRACTING:  Pursuant to Virginia Code § 2.2-4367:  By submitting a bid, the bidder certifies that their bid is made without collusion of 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.

T. FORM W-9 REQUIRED:  Each offeror shall submit a completed W-9 form with their offer.  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 http://www.irs.gov/pub/irs-pdf/fw9.pdf. 

U. HEADINGS:  Section, article and paragraph headings contained within this solicitation have been inserted only as a matter of convenience and for reference, and they in no way define, limit, or describe the scope or intent of any term, condition or provision of this solicitation.

V. IDLING REDUCTION REQUIREMENT:  For any work performed within the City of Charlottesville, contractors are required to comply with the City of Charlottesville’s Idling Reduction Policy for Motor Vehicles and Equipment, policy number 100-12.  This policy is available at www.charlottesville.org/purchasing under the Vendor Registration link.

W. IMMIGRATION REFORM AND CONTROL ACT OF 1986:  By entering into a written contract with the County of Albemarle, 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.

X. INCLEMENT WEATHER/CLOSURE OF COUNTY OFFICES:  If the County of Albemarle is closed for business at the time scheduled for bid opening or proposal closing, for whatever reason, sealed offers will be accepted and opened on the next scheduled business day, at the originally scheduled time.

Y. INDEMNIFICATION:  Contractor hereby assumes, and shall defend, indemnify and save the County and all of its officers, agents and employees harmless from and against any and all liability, loss, claim, suit, damage, charge or expense including attorney fees which the County and all of its officers, agents and employees may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person (including, without limitation, County officers, agents, employees, licensees and invitees) and for damage to, loss of , and destruction of any property whatsoever, which arises out of, results from, or is in any way connected with actions taken by the Contractor in the performance of its obligations under this Agreement, or which occurs as a consequence of any negligence, omission or misconduct of the Contractor and any of Contractor’s subcontractors, agents or employees in the performance of Contractor’s or any of its subcontractors, agents or employees in performing work under this contract, regardless of whether such loss or expense is caused in part by a party indemnified hereunder.

Pursuant to Virginia law, the County of Albemarle, Virginia may not indemnify any party for any purpose.  Any provisions in this agreement providing to the contrary are hereby deleted.

Z. INSURANCE:  By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will purchase and maintain, at its sole expense, and from a company or companies authorized to do business within the Commonwealth of Virginia, insurance policies containing the types of coverages and minimum limits specified in the attached document, INSURANCE REQUIREMENTS, protecting from claims which may arise out of or result from the Offeror’s performance or non-performance of services under this Contract, or the performance or non-performance of services under this Contract by anyone directly or indirectly employed by the Offeror or for whose acts it may be liable.

AA. NEW EQUIPMENT:  Unless otherwise noted any equipment offers shall be new, unused, of current production and standard to the manufacturer.  Where any part or nominal appurtenances of equipment are not described it shall be understood that all equipment and appurtenances standard to or recommended by the manufacturer for complete and safe use shall be included as part of this offer.

BB. NON-DISCRIMINATION:  By submitting their bids or proposals, offerors certify to the County 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 Virginias with Disabilities Act, the Americans with Disabilities Act and Virginia Code § 2.2-4311. 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.  (Virginia Code § 2.2-4343.1(E)).

Every contract over $10,000 shall include the provisions:

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

 

A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, shall state that it is an equal opportunity employer.

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

2. The contractor will include the provisions of No. 1 above in every subcontract or purchase order over $10,000, so that the provision will be binding upon each subcontractor or vendor.

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

DD. NON-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS:  The County of Albemarle does not discriminate against faith-based organizations.

EE. OFFER ACCEPTANCE:  Bids or Proposals (Offers) must be submitted by the date and time stated in this solicitation.  Offers will be date and time stamped upon receipt and retained unopened in a secure location until proposal opening.  No consideration will be given to date of postmark or error in delivery to incorrect address.  It is the responsibility of the offeror to ensure timely and correct delivery of Offer.

FF. ONLINE VENDOR REGISTRATION REQUIRED:  In the event of contract award, vendor is required to register using the County’s online vendor registration in order to issue purchase orders and payments to your firm.  Further information regarding our online vendor registration can be found on our website at www.albemarle.org/purchasing or you can go directly to the site at http://bso.albemarle.org/bso/.

GG. OSHA STANDARDS:  All contractors and subcontractors performing services for the County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations.  Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

HH. OWNERSHIP OF DOCUMENTS:  All information, documents, and electronic media furnished by the County to the Contractor belong to the County, are furnished solely for use in connection with the Contractor’s performance of Services required by this Agreement, and shall not be used by the Contractor on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than Services rendered to the County hereunder is specifically authorized in writing by the County in advance.  All documents or electronic media prepared by or on behalf of the Contractor for the County are the sole property of the County, free of any retention rights of the Contractor.  The Contractor hereby grants to the County an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to this Agreement, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

II. PAYMENT:  

1. To Prime Contractor:

a. The County shall promptly pay for completed delivered goods or services by the required payment date. The required payment date shall be either: (i) the date on which payment is due under the terms of a contract for the provision of goods or services, or (ii) if a date is not established by contract, not more than 45 days after goods or services are received or not more than 45 days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within 20 days after the receipt of an invoice for goods or services, the County shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. In the event that the County fails to make payment by the require payment date, the County shall pay any finance charges assessed by the supplier that shall not exceed one percent per month. In cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made. 

 b. Individual contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide the County with a federal employer identification number, prior to receiving any payment from the County.

 c. 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 County contract number and/or purchase order number.

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

e. 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached.  Upon determining that invoiced charges are not reasonable, the County shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination.  A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification.  The provisions of this section do not relieve any County department of its prompt payment obligations with respect to those charges which are not in dispute (Virginia Code § 2.2-4363).

2. To Subcontractors:

a. A contractor awarded a contract is hereby obligated to take one of the two following actions within seven (7) days after contractor’s receipt of payment from the County for work performed by the subcontractor under the contract:

 i. Pay subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract; or

ii. Notify the County and the subcontractor(s), in writing, of the contractor’s intention to withhold all or in part of the subcontractor’s payment with the reason for nonpayment.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month 
(unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (2) above.  The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.  These provisions apply to each sub-tier contractor performing under the primary contract.  A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

c. For construction contracts under § 2.2-4301:

i. Contractor shall pay all subcontractors in the manner provided in Virginia Code Section 2.2-4354(1).

ii. Contractor shall pay all subcontractors in the manner provided in Virginia Code Section 2.2-4354(2-5).

JJ. PERMITS AND FEES:  All offers submitted shall have included in price, the cost of any business or professional licenses, permits or fees required by the County of Albemarle or the Commonwealth of Virginia. The offeror must have all necessary licenses to perform the services in Virginia and, if practicing as a corporation, be authorized to do business in the Commonwealth of Virginia.

KK. PRECEDENCE OF TERMS: The following General Terms and Conditions: applicable laws and courts, anti-discrimination, ethics in public contracting, immigration reform and control act of 1986, debarment status, antitrust, mandatory use of county form and terms and conditions, clarification of terms, payment shall apply in all instances.  In the event there is a conflict between any of the other General Terms and Conditions and any Specific Terms and Conditions in this solicitation, the Specific Terms and Conditions shall apply.

LL. PUBLIC INSPECTION OF CERTAIN RECORDS:  Except as otherwise provided, and in accordance with Virginia Code § 2.2-4342, all proceedings, records, contracts and other public records relating to the County’s 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 (Virginia Code § 2.2-3700 et seq.). Any offeror, upon request, shall be afforded the opportunity to inspect bid or proposal records within a reasonable time after the opening of all bids but prior to award, except in the event the County decides not to accept any of the offers and to reopen the solicitation. Otherwise, bid or proposal records shall be open to public inspection only after award of the contract. Trade secrets or proprietary information submitted by a offeror in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if the offeror (i) invokes the protections of Virginia Code § 2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and (iii) states the reasons why protection is necessary.  A general designation of a contractor’s entire bid or proposal submission or volume as being “confidential” shall not be sufficient to invoke the protections referenced above.

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

NN. RIGHT TO ACCEPT OR REJECT OFFERS:  The County reserves the right to accept or reject any or all offers in whole or in part and to waive any informality in the offer.  Informality shall be defined as a minor defect or variation from the exact requirements which does not affect the price, quality, quantity or delivery schedule.

OO. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:  It is the policy of the County of Albemarle to facilitate the establishment, preservation and strengthening of small businesses and businesses owned by women and minorities and service disabled veterans and to encourage their participation in the County's procurement activities.  Toward that end the County of Albemarle encourages these firms to compete and encourages other firms to provide for the participation of these firms through partnerships, joint ventures, subcontracts or other contractual opportunities.  Offerors are asked, as part of their submission, to describe any planned use of such business in fulfilling this contract. Upon request, a list of certified businesses under this requirement shall be made available.

PP. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Virginia Code § 2.2-4311.2(B), an 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 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 Offeror is not required to be so authorized. Link to the Virginia State Corporation Commission site:  http://www.scc.virginia.gov/.

QQ. TAXES:  Include only taxes applicable to the project in this bid or proposal.  The County is exempt from State Sales Tax and Federal Excise Tax.  Tax Exemption Certificate indicating the County’s tax exempt status will be furnished by the County of Albemarle upon request.

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

SS. TRANSPORTATION AND PACKAGING:  All prices submitted must be FOB Destination - Freight Prepaid and Allowed.  By submitting their offers, all offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped.  Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used.  All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

TT. USE OF BRAND NAMES:  Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired.  Any article which the County, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.  The offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation.  This is required even if offering the exact brand, make or manufacturer specified.  Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation.  Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive.  Unless the offeror clearly indicates in its bid or proposal that the product offered is an equal product, such offer will be considered to offer the brand name product referenced in the solicitation.

UU. VIRGINIA GOVERNMENTAL FRAUDS ACT:  Each offeror is and shall be subject to the provisions of the Virginia Governmental Frauds Act, Virginia Code, Title 18.2, Chapter 12, Article 1.1.  In compliance with this law, each offeror is required to submit a certification that its offer, or any claim resulting there from, is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce, or any act of fraud punishable under the Act.  Any offeror who knowingly makes a false statement on the Certificate of No Collusion shall be guilty of a felony, as provided in Virginia Code § 18.2-498.5. As part of this offer a notarized Certificate of No Collusion must be submitted with the offer.  Certificate attached.

VV. The terms and conditions set forth above within this solicitation shall be deemed incorporated into any contract resulting from this procurement transaction, as if set forth therein verbatim.

WW. COMPLIANCE WITH ALL LAWS: Contractor shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work.