INVITATION FOR BID

for

SOLID RUBBER CUTTING EDGES

IFB 06-21

Issued: January 12, 2021

Due Date: February 2, 2021

Southeastern Public Service Authority (SPSA) 723 Woodlake Drive, Chesapeake, VA 23320

757.420.4700 www.spsa.com

TABLE OF CONTENTS

SECTION I ..................................................................................................................... 1

PURPOSE ............................................................................................................ 1

BACKGROUND .................................................................................................... 1

SCOPE OF WORK ............................................................................................... 1

SECTION II .................................................................................................................... 4

BID PREPARATION AND SUBMISSION INSTRUCTIONS ................................. 4

SECTION III ................................................................................................................... 7

METHOD OF AWARD .......................................................................................... 7

SECTION IV .................................................................................................................... 8

GENERAL TERMS AND CONDITIONS ............................................................... 8

SECTION V .................................................................................................................. 15

SPECIFIC TERMS AND CONDITIONS ............................................................. 15

SECTION VI - APPENDIX ............................................................................................ 19

BID FORM .......................................................................................................... 20

SIGNATURE SHEET .......................................................................................... 21

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA ................. 22

REFERENCE FORM .......................................................................................... 23

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SECTION I

PURPOSE

The purpose of this Invitation to Bid (IFB) is to obtain formal sealed bids to purchase solid rubber cutting edges for wheeled loader buckets located at various SPSA facilities. Solid rubber edges are mounted to wheeled loader buckets and used to clear waste from concrete floors.

BACKGROUND

SPSA is the regional solid waste collection and disposal agency for over one million residents in the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton, all located in the Commonwealth of Virginia. SPSA’s disposal system includes a Regional Landfill in Suffolk and nine Transfer Stations in various locations throughout the geographic territory served by SPSA, accompanied by a Transportation Operation, a Fleet Maintenance Facility, a Tire Shredder Facility, a White Goods Program, and a Household Hazardous Waste Program. Please see SPSA’s website for more information, available at www.spsa.com.

SCOPE OF WORK

The contractor shall furnish and deliver solid rubber cutting edges and mounting hardware meeting or exceeding the specifications below. 1. Rubber Cutting Edges:

(a) Cutting edges shall be six- and one-quarter (6.25) inches overall height.

(b) The large cutting edge shall be forty-eight (48) inches in length.

(c) The small cutting edge shall be forty (40) inches in length.

(d) Cutting edge shall be eleven (11) inches wide at top of mounting plate and widened to twelve and three -quarters (12.75) inches where bottom of edge meets floor surface.

(e) The cutting edge must be made with virgin mining rubber in a solid piece molded to aluminum mounting plate.

(f) Cut-up, used tires are not acceptable for this application.

(g) The edge must be designed as a universal fit cutting edge.

(h) Cutting edge shall be a minimum of four and a half (4.5) inches useable rubber not including the top mounting plate.

2. Mounting Hardware:

(a) Hardware must include bolt/track guide. See Illustration #1 below Fig. A, B

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and B2

(b) Each fastener must be priced as one assembly. See Illustration # 2 Fig. A and B

(c) Bolts must be grade 8 # 3 domed head plow bolt. See Illustration #1 below Fig. F and I

(d) Bolts must be ¾” -10 x 3 inches and 1”-8 x 3.5 inches. See Illustration # 1 below Fig. F and I

(e) Hardware must include 1 x ¼ -inch reducer to accommodate 1 ¼ inch hole in existing loader bucket. See Illustration # 1 below Fig. E

(f) Hardware must include washer and lock nut.

3. Type of Warranty Coverage Required:

(a) The vendor must provide a copy of its written warranty certificates with its bid. Failure to meet this requirement may result in the bid being deemed non-responsive.

(b) The warranty supplied by the vendor shall remain in full force for the full period identified by the vendor, regardless of whether the vendor is under contract with the Authority at the time of the defect.

4. Quantities set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown. AVERAGE ANNUAL USAGE 40-inch edge 100 48-inch edge 30 1-inch mount assembly 130 1-inch mount assembly with reducer 118 ¾-inch mount assembly 185

5. The term of the contract is from date of award to June 30, 2022. The contract

may be renewed up to four (4) additional one-year terms (July 1 – June 30 terms).

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Illustration #1

Illustration #2

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SECTION II

BID PREPARATION AND SUBMISSION INSTRUCTIONS

1. INVITATION FOR BID (IFB) RESPONSE: Bids will be received at the Purchasing Department of the Southeastern Public Service Authority of Virginia, in the Regional Office Building, 723 Woodlake Drive, Chesapeake, Virginia 23320, until 2:00 P.M. on February 2, 2021 in accordance with the specifications and other terms and conditions set forth herein.

Bids shall be delivered to SPSA in a sealed envelope showing on the outside the IFB number, time, date, and bid description. SPSA’s Administrative Office is closed to the public due to COVID-19; therefore, do NOT hand-deliver the bid in person, you will be turned away. Please send your bid via a trackable delivery service such as FedEx or UPS to deliver your bid. Please send an email to purchasing@spsa.com with your tracking number and scheduled delivery date. You will receive an email response upon receipt of the bid. Please send bids via trackable service delivery to: SPSA, ATTN: Purchasing, 723 Woodlake Drive, Chesapeake, VA 23320.

Bidders shall submit one (1) original, and one (1) complete copy of bid on the furnished bid form.

2. BID OPENING BY TELECONFERENCE: The Governor of the Commonwealth of Virginia declared a state of emergency on March 12, 2020, due to COVID-19 (coronavirus disease 2019), and health officials currently recommend people avoid assembling together to help prevent the further spread of COVID-19. Notwithstanding language appearing in this IFB to the contrary, bidders, prospective bidders, and other persons are not invited to be physically present at the bid opening for this IFB. SPSA will open bids for this IFB publicly in the presence of one or more witnesses. SPSA will “broadcast” the bid opening on a telephone conference call line so that bidders, prospective bidders, and other persons may listen to the bid opening. Please use the following conference call number (978) 990-5155 Access Code 2817452 to access the bid opening on February 2, 2021 at 2:15 p.m. This change in procedure is intended to help protect the health and safety of the public and SPSA employees during the COVID-19 outbreak in Virginia.

3. BID SOURCE/CHANGES TO THE IFB:

Any changes to the terms and conditions of this Invitation to Bid determined necessary by SPSA, in its sole discretion, will be formally addressed via addenda issued by SPSA. No purported modification of any term or condition of this IFB shall be binding upon SPSA unless it is made in strict accordance with this

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paragraph. Please direct all questions to SPSA via email at purchasing@spsa.com.

Bidders are solely responsible for ensuring that SPSA has valid contact information for the offeror, regardless of whether you received a copy of this IFB from SPSA or from any other source. If you receive a copy of this IFB from a source other than SPSA or eVA, please contact SPSA at the email address specified above (purchasing@spsa.com) and provide your name, address, telephone number, and email address. Please reference the IFB Number in the subject line of the email. Thereafter, you will be added to the offerors list and will receive any addenda to the IFB.

4. BID PREPARATION:

(a) Bids shall be signed by an authorized representative of the bidder.

(b) All information requested in this IFB should be included as part of the bid. Failure by any bidder to submit all information requested may result in SPSA requiring prompt submission of missing information by each such bidder and/or giving a lowered evaluation of the proposal to each such bidder. Proposals that are substantially incomplete or lack key information may be rejected.

(c) Ownership of all data, materials, and documentation originated and prepared for SPSA pursuant to this IFB shall belong exclusively to SPSA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire bid document, line-item prices, and/or total bid prices as proprietary or trade secrets is not acceptable and will result in rejection of the bid.

5. Bidders are required to and must complete, sign and submit the following items as a complete bid:

(a) Bid Form

(b) Signature Sheet

(c) Proof of Authority to Transact Business in Virginia

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(d) List of References

(e) Documents with specification of each item in bid

NOTE: Please see the Appendix for use in responding to certain of the above-stated specific bid instructions.

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SECTION III

METHOD OF AWARD

1. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder based on the grand total cost as submitted on Bid Form. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. SPSA reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

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SECTION IV

GENERAL TERMS AND CONDITIONS

1. COMMONWEALTH OF VIRGINIA PUBLIC PROCUREMENT ACT AND SPSA PROCUREMENT POLICY: This Invitation for Bid is subject to the provisions of the Virginia Public Procurement Act and the SPSA Procurement Manual, including any revisions thereto in effect at the time of this Invitation for Bid.

2. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with all federal, state and local laws, rules and regulations that are applicable to this solicitation and any resulting contract.

3. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED: By submitting a bid, bidders certify to SPSA 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, and, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the VPPA.

If an award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with 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 SPSA. (Va. Code § 2.2-4343.1(E)). (a) During the performance of the contract, the contractor agrees as follows:

i. 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.

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ii. 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.

iii. Notices, advertisements and solicitations placed in accordance with

federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

(b) The contractor will include the provisions of clause (a) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each applicable subcontractor or vendor.

4. 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.

5. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with SPSA, the contractor certifies that the contractor does not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

6. DEBARMENT STATUS: By submitting their bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids 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.

7. MANDATORY USE OF SPSA FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official SPSA form provided for that purpose shall be a 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, SPSA reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, SPSA may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

8. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications in this IFB or other solicitation documents, the prospective bidder should contact SPSA’s Purchasing Department, via email at purchasing@spsa.com, no later than five (5) working days before the due date for

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bids. Any revisions to the solicitation will be made only by addendum issued by SPSA.

9. PAYMENT:

(a) To Prime Contractor:

(i) 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 SPSA contract number and/or purchase order number. Payment shall be made following completion of project and acceptance by SPSA. Progress billing may be provided.

(ii) 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, however.

(iii) All goods or services provided under this contract or purchase order, that is to be paid for with public funds, shall be billed by the contractor at the contract price.

(iv) The postmark date in all cases shall be deemed to be the date of payment.

(v) 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, SPSA 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.

(b) To Subcontractors:

(i) A contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from SPSA for the proportionate

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

2. To notify SPSA and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

(ii) 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 SPSA, 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 SPSA.

(c) SPSA recognizes the importance of timely payments to our vendors. Therefore, we offer our vendors the opportunity to enroll in our ePayables program. This program allows us to make card payments to our vendors and features an online portal to facilitate payments as well as reduce payment processing times. Our ePayables program is mutually beneficial and is our preferred method of payment. If you choose not to enroll in this program, payments will be made by check and mailed through the postal service which could impact how quickly you receive payments. Payment(s) made through the ePayables are processed every two weeks as compared to monthly in the form of a check. Contractor should let SPSA know if capable of accepting credit card payment(s) and SPSA will assist in enrolling contractor in the Bank of America’s ePayables Program ensuring faster payment transactions.

(d) For contracts for construction that provide for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety-five percent of the earned sum when payment is due, with no more than five percent being retained to ensure faithful performance of the contract. All amounts withheld may be included in the final payment. Any subcontract for a public project that provides for similar progress payments shall be subject to the provisions of this section.

10. QUALIFICATIONS OF BIDDERS: SPSA may make such reasonable investigations as deemed proper and necessary to determine the ability of each bidder to perform the services solicited by this IFB, and the bidder shall furnish to SPSA all such information and data for this purpose as may be requested. SPSA reserves the right to inspect each bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. SPSA further reserves the right to reject any bid if the evidence submitted by, or investigations of, a bidder fails to

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satisfy SPSA that such bidder is sufficiently responsible to carry out the obligations of the contract and to provide the services contemplated therein.

11. TESTING AND INSPECTION: SPSA reserves the right to conduct any test/inspection it may deem advisable to ensure that goods and services provided under the contract conform to specifications.

12. ASSIGNMENT OF CONTRACT: The contract shall not be assignable by the contractor in whole or in part without the written consent of SPSA.

13. CHANGES TO THE CONTRACT: 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 the price of the contract resulting from any such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

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

15. TAXES: Sales to SPSA are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

16. 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 public body, in its sole discretion, determines to be the equivalent 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 SPSA 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 bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

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17. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders 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.

18. DRUG-FREE WORKPLACE: During the performance of the 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 applicable 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.

19. DISCRIMINATION PROHIBITED: No bidder or contractor shall be discriminated against in the solicitation or award of any contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, faith-based organization or any other basis prohibited by state law relating to discrimination in employment or because the bidder or contractor employs ex-offenders unless SPSA makes a written determination that employing ex-offenders on the contract is not in its best interest.

SPSA will facilitate the participation of small businesses, businesses owned by women, minorities, and service-disabled veterans, and employment services organizations in procurement transactions. Whenever direct solicitations to potential bidders, offerors or contractors are made, SPSA shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity, which list shall include all companies and organizations certified by the Department.

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

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21. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with SPSA 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. SPSA may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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SECTION V

SPECIFIC TERMS AND CONDITIONS

1. BID ACCEPTANCE PERIOD: Any bid delivered in response to this solicitation shall be valid for sixty (60) days (Acceptance Period). At the end of the Acceptance Period the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at the end of the Acceptance Period, then it remains in effect until an award is made or the solicitation is canceled.

2. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period. Prices shall be in whole numbers rounded up to the nearest 2 places after decimal

3. CANCELLATION OF CONTRACT: SPSA reserves the right to cancel and terminate any contract, in part or in whole, without penalty, upon sixty (60) days written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. RENEWAL OF CONTRACT: This contract may be renewed by SPSA upon written agreement of both parties for (one year)/(four successive one year periods), under the terms of the current contract. Price increases may be negotiated only at the time of renewal. Written notice of SPSA’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

5. COOPERATIVE PROCUREMENT: This procurement is being conducted on behalf of the Southeastern Public Service Authority of Virginia (SPSA), and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act.

A contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms, if approved by Contractor. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal.

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

SPSA, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public body, and in no event shall the SPSA, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a

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SPSA contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body.

SPSA assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification.

6. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless SPSA, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor and/or any services of any kind or nature furnished by the contractor, unless such liability is solely attributable to the gross negligence or willful misconduct of SPSA.

7. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under the contract and all subcontractors that it may utilize, using its best skill and attention. Subcontractors who perform work under the contract shall be responsible to the prime contractor. The contractor is as fully responsible for the acts and omissions of its subcontractors and of persons employed by the subcontractors as it is for the acts and omissions of the contractor’s own employees.

8. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation Commission (SCC). Any bidder 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 a statement describing why the bidder is not required to be so authorized. Indicate the above information on the SCC Form provided in Appendix. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and SPSA’S use and acceptance of such form, or its acceptance of contractor’s statement describing why the bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue.

9. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, SPSA reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available whenever such low bid exceeds the available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted for this contract

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prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. SPSA shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that SPSA wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by SPSA and the lowest responsive, responsible bidder.

10. PRODUCT INFORMATION: The bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable SPSA to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered nonresponsive.

11. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

12. WARRANTY: All materials and equipment shall be fully guaranteed against defects in material and workmanship based on specifications submitted by contractor following date of delivery. Should any defect be noted by the owner, SPSA will notify the contractor of such defect or non-conformance. 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 SPSA 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, SPSA may have the materials corrected or replaced with similar items and charge the contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price.

13. HAZARD COMMUNICATION PROGRAM: The Southeastern Public Service Authority is required in accordance with 29 CFR 1910.1200 to inform all SPSA and contractor personnel that work centers within SPSA have hazardous chemicals on site. SPSA and contractor personnel may be exposed to these hazardous chemicals while working at SPSA work centers. A written Hazard Communication Program has been developed to inform personnel of the specific hazardous chemicals at the work centers and the related safety information, including protective measures, special precautions and emergency procedures to be observed. The Hazard Communication Program including Material Safety Data Sheets for each hazardous chemical at the work centers will be made available to contractors. Contractors are responsible for communicating the information contained in the Material Safety Data Sheets to their personnel working at each SPSA work center. Contractors or contractor personnel are in turn responsible for having Material Safety Data Sheets on any hazardous chemical that they will be using or storing at a SPSA facility. Furthermore, these Material Safety Data Sheets

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must be at the SPSA facility where they are being used and available for inspection by or on behalf of SPSA.

14. SPSA ENVIRONMENTAL PROCUREMENT POLICY: In 2003, SPSA implemented an environmental management system (EMS) that conforms to the elements of the ISO 14001 Environmental Standard. SPSA’s EMS is designed to assist it in managing and minimizing the environmental impacts of its processes and activities, which are called environmental aspects. SPSA will provide a list of the environmental aspects known to be associated with the planned/proposed activity in every IFB. Any contractor coming on any SPSA site to provide services to SPSA must comply with the policies, intent and/or procedures of SPSA’s EMS to manage these environmental aspects. This compliance will be demonstrated by the following:

(a) Agreeing in writing to comply with SPSA’s established emergency response procedures in the event of an incident that could adversely impact the environment; and

(b) Attending an environmental briefing prior to providing SPSA with any services. During this briefing, SPSA’s representatives and the contractor representative will collaboratively identify any planned activities, processes or products that could potentially impact the environment. Proactive measures designed to minimize these potential environmental impacts will be discussed. Results of this discussion will be documented on SPSA’s Contractor Environmental Briefing Form. The need for written procedures to manage those impacts will be determined at that time. If written procedures are required, the contractor representative shall:

(i) Provide SPSA copies of their existing written procedures (these procedures and/or instructions must be at least as stringent as SPSA’s established procedures for managing similar environmental aspects); OR

(ii) Agree in writing to follow the SPSA Standard Operating Procedures established to manage the identified environmental aspects.

15. SPSA’S CONTRACTOR SAFETY REQUIREMENTS: Contractor is required to adhere to SPSA’s Contractor Safety Requirements at all times. A copy of which may be obtained at https://spsa.com/download_file/308/0.

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SECTION VI - APPENDIX

1. Bid Form

2. Signature Sheet

3. Proof of Authority to Transact Business in Virginia

4. Reference Form

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The bidder agrees to furnish and deliver to the Southeastern Public Service Authority of Virginia, at the place specified, the items or services in accordance with specifications herein at the prices quoted below. Submit original (with original signature) and one (1) complete copy of bid on this form to address listed in Section II, Bid Preparation and Submission Instructions. Offeror is required to complete and sign all information and include documentation with specifications of each bid item.

The Offeror hereby acknowledges receipt of the following addenda:

ADDENDUM NO.

ADDENDUM DATE

Bidder:

Address: _____________________________________________________________

City, State, Zip Code: ___________________________________________________

Typed Name, Title: _____________________________________________________

Email Address:

Telephone # Fax #_____________________

Signature: Date:

BID FORM (Submit with Proposal)

Bid Item SOLID RUBBER CUTTING EDGES

IFB Number IFB 06-21 Date January 12, 2021

Bid Opening February 2, 2021 Time 2:00 PM (local prevailing time)

Description Estimated Quantity

(A)

Unit Cost (B)

Total Cost (AxB)

40-Inch Edge 100 $ $

48-Inch Edge 30 $ $

1-Inch Mount Assembly 130 $ $

1-Inch Mounty Assembly with Reducer 118 $ $

¾-Inch Mount Assembly 185 $ $

GRAND TOTAL COST $

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SIGNATURE SHEET

(Submit with Proposal)

My signature certifies that the offeror’s proposal as submitted complies with all terms and conditions set forth in the RFP.

My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Title 18.2, Chapter 12, Article 1.1 of the Code of Virginia, 1950, as amended. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, and Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards.

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the Southeastern Public Service Authority, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the Southeastern Public Service Authority, pertaining to any and all work or services to be performed as a result of this proposal and any resulting contract with the Southeastern Public Service Authority.

By signature and title, I hereby certify that I am authorized to sign as a representative for the firm and can bind the firm into a contract:

Complete Legal Name of Firm: _______________________________________________________

Number of Years in Business Providing This Type of Good or Service: ________________________

Address: _________________________________________________________________________

City, State, Zip Code: ______________________________________________________________

Remittance Address (if different from above): ___________________________________________

Federal ID No. (Please include W-9): __________________________________________________

Telephone No.: ______________ Fax No: ____________________________________________

E-mail address: ___________________________________________________________________

Name (type/print): _________________________ Title: _________________________________

Signature: _______________________________

I will accept payment by means of SPSAs Purchasing Card. ______Yes _____No Check block below for applicable minority indicator: □ Asian Indian □ Black □ Asian Pacific □ Hispanic □ Native American □ Small Business □ Women Owned □ Small Disadvantage Business

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PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

(Submit with Proposal)

THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL. FAILURE TO INCLUDE THIS FORM MAY RESULT IN REJECTION OF YOUR PROPOSAL

Pursuant to Virginia Code §2.2-4311.2 an offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its 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 of the Code of Virginia or as otherwise required by law shall include in its proposal a statement describing why the offeror is not required to be so authorized.

If this proposal for goods or services is accepted by SPSA the undersigned agrees that the requirements of the Code of Virginia Section §2.2-4311.2 have been met.

Please complete the following by checking the appropriate line that applies and providing the requested information.

A.______ The offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such offeror’s Identification Number issued to it by the SCC is ____________________. B._______ The offeror is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such offeror’s identification Number issued to it by the SCC is __________________. C._______ The offeror does not have an Identification Number issued to it by the SCC and such offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):___________________________________________. Please attach additional sheets if you need to explain why such offeror is not required to be authorized to transact business in Virginia. __________________________________________ Legal Name of Company (as listed on W-9) __________________________________________ Legal Name of Offeror __________________________________________ Date __________________________________________ Authorized Signature __________________________________________ Print or Type Name and Title

RETURN THIS PAGE WITH COPIES OF DOCUMENTATION

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REFERENCE FORM

(Submit with Proposal) Offerors shall provide three (3) references where similar goods and/or services have been provided.

1. Firm Name: Contact: Title: E-mail: Mailing Address: Phone: Fax: 2. Firm Name: Contact: Title: E-mail: Mailing Address: Phone: Fax: 3. Firm Name: Contact: Title: E-mail: Mailing Address: Phone: Fax: