| Location: | Virginia |
|---|---|
| Posted: | Aug 24, 2026 |
| Due: | Sep 29, 2026 |
| Agency: | City of Hampton |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | ITB 27-270548/KJ |
| Publication URL: | To access bid details, please log in. |
| Bid Number: |
ITB 27-270548/KJ
|
| Bid Title: |
ITB 27-270548/KJ: Instrument Repairs
|
| Category: | Entity: Schools |
| Status: | Open |
|
| City of Hampton ISSUING OFFICE: | DATE: August 25, 2026 | ITB ITEM NO. 27-270548 |
|---|---|---|
| Consolidated Procurement Division 1 Franklin Street, Suite 345 Hampton, VA 23669 Telephone: (757) 727-2200 Fax: (757)727-2207 | Attention of Bidder is Directed to Section 2.2-4367 to 2.2-4377 Code of Virginia (Ethics in Public Contracting) | PROCUREMENT OFFICER Kyra Jackson, Buyer |
| SEALED BIDS will be received in the Issuing Office or via DemandStar (www.demandstar.com) until Opening Date and Opening Time as specified in this solicitation including any addenda issued by this office. Bids received by telephone, email, facsimile, or any other means of electronic transfer will not be accepted. The School Board of the City of Hampton is not responsible for late delivery by U.S. Postal mail or other couriers. All inquiries for information regarding this Invitation to Bid are to be directed to the Issuing Office as defined herein. COMMODITY: Musical Instrument Repair Parts and Supplies (Except Organ and Piano) NIGP CODE: 58040 | OPENING DATE September 29, 2026 | |
| OPENING TIME 11:00 A.M. EST | ||
| PLEASE FILL IN OFFEROR'S NAME & ADDRESS IN THE SPACES PROVIDED BELOW: __________________________________ | THIS IS NOT AN ORDER | PREBID CONFERENCE DATE: N/A TIME: N/A |
INVITATION TO BID
GOODS AND SERVICES
City of Hampton
ISSUING OFFICE: DATE: August 25, 2026 ITB ITEM NO.
27-270548
Consolidated Procurement Division
1 Franklin Street, Suite 345 Attention of Bidder is Directed to Section PROCUREMENT
Hampton, VA 23669 2.2-4367 to 2.2-4377 Code of Virginia OFFICER
Telephone: (757) 727-2200 (Ethics in Public Contracting)
Fax: (757)727-2207 Kyra Jackson, Buyer
SEALED BIDS will be received in the Issuing Office or via DemandStar OPENING DATE
(www.demandstar.com) until Opening Date and Opening Time as specified in this
solicitation including any addenda issued by this office. Bids received by telephone, email, September 29, 2026
facsimile, or any other means of electronic transfer will not be accepted. The School
Board of the City of Hampton is not responsible for late delivery by U.S. Postal mail or other OPENING TIME
couriers. All inquiries for information regarding this Invitation to Bid are to be directed to
the Issuing Office as defined herein. 11:00 A.M. EST
COMMODITY: Musical Instrument Repair Parts and Supplies (Except Organ and
Piano)
NIGP CODE: 58040
PREBID CONFERENCE
PLEASE FILL IN OFFEROR'S NAME &
THIS IS NOT AN ORDER
ADDRESS IN THE SPACES PROVIDED DATE: N/A
BELOW: TIME: N/A
__________________________________
THE SCHOOL BOARD OF THE CITY OF HAMPTON HEREAFTER REFERRED TO AS "HCS", RESERVES THE
RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITIES IN THE BIDDING PROCESS. FURTHER, HCS RESERVES THE RIGHT TO ENTER INTO
ANY CONTRACT DEEMED TO BE IN ITS BEST INTEREST. THE ENTIRE CONTENTS OF THE INVITATION
TO BID, ANY ADDENDA, BIDDERS RESPONSE AND ANY CHANGE ORDERS SHALL BE INCORPORATED
BY REFERENCE INTO ANY RESULTING CONTRACT.
ITB 27-270548/KJ Page 1 of 39
HCS DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS.
The School Board of Hampton City Schools (HCS) of Hampton, VA is seeking bids from responsible and
responsive bidders to provide musical instrument repairs services for various string, woodwind, brass, percussion,
electronic instruments, and pianos owned by Hampton City Schools on an on-demand basis
ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ (Please Initial)
________________________________________________________________________________________________
__________
THE SCHOOL BOARD OF THE CITY OF HAMPTON CANNOT LEGALLY AGREE TO ANY CLAUSE
INDEMNIFYING THE CONTRACTOR FROM ANY DAMAGES ARISING OUT OF THE CONTRACT OR
HOLDING THE CONTRACTOR HARMLESS. THE SUBMISSION OF A BID CONSTITUTES AN AGREEMENT
BY THE CONTRACTOR NOT TO REQUEST SUCH LANGUAGE IN THE RESULTING CONTRACT. IN
COMPLIANCE WITH THIS SOLICITATION AND TO ALL THE CONDITIONS IMPOSED HEREIN, THE
UNDERSIGNED AGREES TO PERFORM ANY CONTRACT AWARDED AS A RESULT OF THIS
SOLICITATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND
THE COMPANY. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
Authorized Agent: _______________________________________________ ______________________
Signature Type or Print Name
___________________ ________________________ ____________________ ______________________
Email Address Telephone Number Fax Number Company FEI/FIN#
ENCLOSURES
ANTI-COLLUSION/NONDISCRIMINATION/DRUG-FREE WORKPLACE REQUIREMENTS
ANTI-COLLUSION CLAUSE:
IN THE PREPARATION AND SUBMISSION OF THIS PROPOSAL, SAID BIDDER DID NOT EITHER
DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON,
FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY COLLUSION, OR
OTHERWISE TAKE ANY ACTION IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1),
SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-68.8 OF THE CODE OF
VIRGINIA.
THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS
RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH,
OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR CORPORATION ENGAGED IN THE SAME
LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY, CITY
HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS PROPOSAL; AND, THAT NO PERSON OR
PERSONS, FIRM OR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR ARE, INTERESTED IN
THIS PROPOSAL.
ITB 27-270548/KJ Page 2 of 39
DRUG-FREE WORKPLACE:
DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES TO (I) PROVIDE
A DRUG-FREE WORKPLACE FOR THE SUCCESSFUL BIDDER'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 SUCCESSFUL OFFEROR'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 SUCCESSFUL OFFEROR
THAT THE SUCCESSFUL OFFEROR 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 SUSUCCESSFUL OFFEROR OR
VENDOR.
FOR THE PURPOSE OF THIS SECTION, "DRUG-FREE WORKPLACE" MEANS A SITE FOR THE
PERFORMANCE OR WORK DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO A
SUCCESSFUL OFFEROR IN ACCORDANCE WITH FEDERAL LAW, 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.
EMPLOYMENT DISCRIMINATION BY THE SUCCESSFUL OFFEROR SHALL BE PROHIBITED:
1. DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES AS
FOLLOWS:
a THE BIDDER, SHALL 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
SUCCESSFUL OFFEROR. THE SUCCESSFUL BIDDER AGREES TO POST IN CONSPICUOUS
PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING
FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.
b. THE SUCCESSFUL BIDDER, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES
PLACED BY OR ON BEHALF OF THE SUCCESSFUL BIDDER, SHALL STATE THAT SUCH
SUCCESSFUL BIDDER 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
THE REQUIREMENTS OF THIS SECTION.
2. THE SUCCESSFUL BIDDER WILL INCLUDE THE PROVISIONS OF THE FOREGOING PARAGRAPHS A,
B, AND C IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE
PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
ITB 27-270548/KJ Page 3 of 39
Bidder Information:
Name of Bidder: Address:
Phone Number: Fax Number:
Email Address: State Corporation Commission ID: ______________________
City of Hampton Business Prof. License Tax No.:
Federal Tax Identification Number: ___________________; OR Social Security Number (Sole Proprietor):________________
NOTE: Numbers identified as social security numbers will be redacted in public documents.
Business Classification:
Is Bidder a "minority" business? Yes No
African American Hispanic American Native American Asian American
Other; Please Explain: ______________________________________________________
Is Bidder Woman Owned? Yes No
Is Bidder a Small Business? Yes No
Is Bidder Faith-Based Organization? Yes No
Is Bidder a Disabled Veteran Business? (for informational purposes only) Yes No
Check One: INDIVIDUAL PARTNERSHIP CORPORATION LLC
State in which Registered or Incorporated _____________________________
By signing this bid, Bidder certifies, acknowledges, understands, and agrees to be bound by the conditions set forth above
and in the Instructions to Bidders and General Conditions as described in Attachment A.
Authorized Signature: Date:
Printed Name: Title:
ITB 27-270548/KJ Page 4 of 39
Scope of Work
The purpose of this bid is to furnish all labor, materials, and equipment necessary to provide musical instrument
repairs services for various string, woodwind, brass, percussion, electronic instruments, and pianos owned by
Hampton City Schools on an on-demand basis at the firm fixed hourly rate for repairs and a discount off repair
in accordance with the specifications, general and special terms and conditions.
* 1 Early Childhood Center
* 20 Elementary Schools (K-5)
* 2 PK-8 Schools
* 1 Gifted Center
* 5 Middle Schools
* 4 High Schools
The following is an estimate of the number of musical instruments owned by Hampton City Schools:
* Woodwind Instruments: Approximately 800
* Brass Instruments: Approximately 400
* Percussion Instruments: Approximately 30
* String Instruments: Approximately 10
* Electronic Instruments: Approximately 10
* Acoustic Pianos: Approximately 50
Specifications
General Requirements
A. Hourly rates paid under this contract shall be only for actual hours spent at the contractor's
facility repairing the instruments. Time spent for transportation of workers or the acquisition,
handling and delivery of materials, and or shop fees is not chargeable directly and must be
included in the hourly rate indicated in the ATTACHMENT B: PRICING SCHEDULE.
B. Parts shall be provided at the contractors cost plus markup, if any as indicated in the ATTACHMENT B:
PRICING SCHEDULE. This discount shall meet or exceed all discounts
offered to the general retail public. The contractor shall provide evidence of list price upon request of the
Hampton City Public Schools.
Repair Procedures
Instruments needing repair will be picked up from the schools by the contractor and returned to
the respective schools after repairs are completed.
Major Repairs
For the purposes of this contract, a major repair is defined as a deficiency which is
identified during repair service and is estimated to cost more than $300.00 in parts, materials and labor
to correct.
* Any repair work performed by another vendor, as provided in #b above, shall have a ninety (90)
day warranty. At the end of this period, the contractor shall resume repair service responsibility for
that instrument
* A rush repair shall be defined as repairs requested by the City with a required turnaround time of
five (5) business days
* Damages to equipment caused by contractor' s negligence shall be repaired at no cost to Hampton
City Schools.
* Repairs are not to exceed 60% of the actual replacement cost of the instrument without approval
* Cases may be repaired up to 50% of the replacement cost of a new case. Cases that need
ITB 27-270548/KJ Page 5 of 39
replacement must be installed by the contactor. The vendor will charge no more than ten (10)
* minutes of their hourly rate to perform this installation per case.
Missing and/or Broken Parts
* All missing and/or broken parts and accessories on instruments slated for repair will be noted by the
contractor at time of pick-up.
Material and Workmanship
* All parts furnished under this contract shall be new and genuine manufacturer's recommended
parts. Use of manufacturer rebuilt parts and components may be authorized by Hampton City
Schools on a specific case by case basis provided these parts and components carry the same
warranty as the new part or component.
* Invoices for all parts supplied shall be made available upon request by Hampton City Schools.
* The contractor shall maintain a sufficient quantity of repair parts on hand or have ready access to
these parts in order to prevent unnecessary down time of instruments and provide services in
* accordance with specified time frames.
* The contractor shall guarantee all parts and workmanship for a period of ninety (90) days or the
manufacturer' s warranty period, whichever is longer. The warranty period shall apply whether work
is performed by the contractor or a sub-contractor. Any repeated calls for repairs for the same
reason or problem within this time period shall be made at no cost to Hampton City Schools.
Special Instructions to Bidders
A. Definitions:
1. Issuing Office
Wherever used in this Invitation to Bid, Issuing Office will be:
Kyra Jackson, Buyer
Consolidated Procurement Division
Community, Municipal Services/Education
1 Franklin Street, Suite 345
Hampton, VA 23669
Phone: (757) 727-2204
Email: kyra.jackson@hampton.gov
2. HCS Contract Administrator
Wherever used in this Invitation to Bid and for purposes of any notices under this contract, HCS
Contract Administrator will be:
Kelly Dee, Curriculum Leader
HCS Visual and Performing Arts
1 Franklin Street
Hampton, VA 23669
Phone: 757-727-2000
Email: kdee@hampton.k12.va.us
B. Questions:
Bidders must submit questions regarding this Invitation to Bid in writing to the Issuing Office via email to:
kyra.jackson@hampton.gov no later than September 15, 2026 at 2:00 P.M. EST. Necessary replies will
ITB 27-270548/KJ Page 6 of 39
be issued to all bidders as addenda that shall become part of the contract documents. Oral instructions do
not form a part of the bid documents.
Bidder is responsible for checking the Hampton Procurement web site at www.hampton.gov/bids-contracts
or the eVA website at www.eva.virginia.gov prior to bid opening to secure any addenda issued for this ITB.
C. Late Submissions, Modifications, and Withdrawal of Bid:
Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Issuing
Office designated in the ITB by the time specified in the ITB.
Any bid, modification, or withdrawal received at the Issuing Office designated in the ITB after the exact
time specified for receipt of bids shall be considered "late" and will not be considered unless there is
acceptable evidence to establish that it was received at the Issuing Office and was under the control of HCS
prior to the time set for receipt of bids.
Acceptable evidence to establish the time of receipt at the Issuing Office includes the time/date stamp of that
office on the bid wrapper, other documentary evidence of receipt maintained by the office, or oral testimony
or statements of Consolidated Procurement Division personnel.
If an emergency or unanticipated event interrupts normal HCS processes so that bids cannot be received at
the Issuing Office by the exact time specified in the ITB and urgent HCS requirements preclude
modifications to the ITB, the time specified for receipt of bids will be deemed to be extended to the same
time of day specified in the solicitation on the first work day on which normal City processes resume.
Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A
bid may be withdrawn in person by a Bidder or its authorized representative if, before the exact time set for
receipt of bids, the identity of the person requesting withdrawal is established, a formal written request to
withdraw the Bid is submitted on the firm's letterhead, and the person signs a receipt for the bid.
D. Preparation of Bids:
To be considered for award, a bid must comply in all material respects with the ITB. Bidders are expected
to examine the drawings, specifications, and all instructions in this ITB. Failure to do so will be at the
Bidder's own risk.
Each Bidder shall furnish the information required by the solicitation. The Bidder is expected to:
* Sign the bid and print or type its name and address on the cover of the ITB;
* Sign the ANTICOLLUSION/NON-DISCRIMINATION on page 2 of this ITB and complete all other
information requested on the same page;
* Complete the Pricing Sheet requested in the ITB;
* Changes must be initialed by the authorized Agent signing the bid. In case of discrepancy between a
unit price and an extended price, the unit price shall govern as the correct price.
* Complete all applicable Attachments (i.e. A, B, C, etc.)
Bids for supplies or services other than those specified will not be considered unless authorized by the
solicitation.
Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise
specified in the solicitation. Time, if stated as a number of days, will be interpreted to include Saturdays,
Sundays, and holidays.
* Acknowledge Addenda on page 1 of this solicitation.
E. Descriptive Literature:
"Descriptive literature," as used in this provision, means information furnished by a Bidder, such as cuts,
illustrations, drawings, and brochures that shows a product's characteristics or construction or explains its
operation. The term includes only that information required to evaluate the acceptability of the product and
excludes other information for operating or maintaining the product.
ITB 27-270548/KJ Page 7 of 39
Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product
offered that are specified elsewhere in the solicitation and pertain to significant elements including, but not
limited to:
* Design;
* Materials;
* Components;
* Performance characteristics; and
* Methods of manufacture, assembly, construction, or operation.
* Descriptive literature, required elsewhere in this solicitation, must be:
* Identified to show the item(s) of the offer to which it applies; and
* Received by the time specified in this solicitation.
* If the Bidder fails to submit required descriptive literature on time with the Bid submittal, HCS may
reject the bid.
If the descriptive literature fails to show that the product offered conforms to the requirements of the
solicitation, HCS will reject the bid.
F. Bid Submittal Requirements:
Bids must be submitted utilizing the following requirements:
* Bids shall be placed in a sealed envelope or package, and the envelope or package labeled with the
Invitation for Bid's item number and the name and address of the Bidder. Submit the original copy
of the bid. Bidders are encouraged to submit bids on recycled paper and to use double-sided
copying.
* Bidders may also submit bids via DemandStar (www.demandstar.com) until September 29, 2026
EST at 11:00 A.M. EST as specified in this solicitation including any addenda issued by this office.
* All bids shall be received and time stamped in the Issuing Office no later than the Closing Date and
Time shown on the cover page of this Invitation to Bid. Any bid received after the specified date
and time (time stamped 11:01 A.M. or later) shall not be considered and shall be returned unopened
to Bidder.
* Bids received by telephone, telegraph, email, or facsimile shall not be accepted.
* Bids must include all elements noted in the Bid Preparation paragraph above.
* Bids should be submitted in the format specified on the pricing sheet.
* Statement setting forth the basis for protection of proprietary information, if any, as detailed in the
Proprietary Information/Disclosure section
G. Bid Opening:
The Issuing Office shall decide when the time set for opening bids has arrived. Bids received before the bid
opening time will be publicly opened and, if practical, read aloud to the persons present, recorded and
abstracted. Review of the abstract of the bids by interested persons will be permitted immediately after bid
opening, as soon as prepared, if it does not unduly interfere with the conduct of HCS business, as
determined by the Issuing Office. Bid records shall be open to public inspection only after a formal
evaluation and award determination has been made by the Issuing Office.
Contact with HCS Staff, Representatives, and/or Agents:
Direct contact with HCS staff, representatives, and/or agents other than Consolidated Procurement
Division staff on the subject of this ITB or any subject related to this ITB is expressly prohibited
except with the prior knowledge of the Procurement Department.
H. A withdrawal of bid due to error shall be in accordance with Section 2.2-4330 B (1) of the Code of
Virginia. The bidder shall give notice in writing of his claim of right to withdraw his bid within two
ITB 27-270548/KJ Page 8 of 39
business days after conclusion of the bid opening procedure and shall submit original work papers with such
notice.
I. FOREIGN AND DOMESTIC BUSINESSES-AUTHORITY TO TRANSACT BUSINESS IN THE
COMMONWEALTH
Contractor whether 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 and shall provide proof thereof.
Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact
business in the Commonwealth to be revoked or cancelled at any time during the term of the Agreement.
Failure by the Contractor to remain in compliance with the provisions of this section shall be deemed a
material breach of this Agreement.
Hampton City Schools does not discriminate on the basis of race, color, national origin, sex disability, age or
other protected classes in its programs, activities, and employment practices and provides equal access to the
Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries
regarding the non-discrimination policies: Robbin A. Ruth, Executive Director of Human Resources, One
Franklin Street, Hampton, Virginia 23669, 757-727-2318.
I. General Terms and Conditions
A. Contract Document:
This ITB, its Addenda, and Successful Bidder's bid will constitute the final contract, hereafter referred to as
"this contract". These documents will be incorporated by reference into HCS purchase order awarding this
contract.
B. Bid Binding for Ninety (90) Days:
Bidder agrees that its bid shall be binding and may not be withdrawn for a period of ninety (90) calendar
days after the scheduled opening date of this Invitation for Bid.
C. Proprietary Information/Non-Disclosure:
Bidder is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as
amended) shall govern public inspection of all records submitted by Bidder. Specifically, if Bidder seeks to
protect any proprietary data or materials, pursuant to Section 2.2-4342, Bidder shall:
* Invoke the protections of this section prior to or upon submission of the data or other materials,
* Provide a statement that identifies the data or other materials to be protected and that states the reasons
why protection is necessary.
* Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly
marked "PROPRIETARY".
* Information submitted that does not meet the above requirements will be considered public information
in accordance with State statutes.
* CITY reserves the right to submit such information to HCS attorney for concurrence of the Bidder's
claim that it is in fact proprietary.
* References to the proprietary information may be made within the body of the Proposal; however, all
information contained within the body of the Proposal shall be public information in accordance with
State statutes.
* Trade secrets or proprietary information submitted by a Bidder in conjunction with this ITB is not
subject to public disclosure under the Virginia Freedom of Information Act (VFOIA).
* Information submitted that does not meet the above requirements will be considered public information
in accordance with the VFOIA.
ITB 27-270548/KJ Page 9 of 39
* An all-inclusive statement that the entire bid is proprietary is unacceptable. A statement that Bidder's
costs and/or Bid pricing are to be protected is unacceptable. Bidder will be requested to remove any
such statement(s) in order to be eligible for further evaluation and award.
D. Contract Modification(s):
After award, any and all modifications to this contract shall be mutually agreed to by both parties, in
writing, and authorized by HCS Purchasing Agent or his designee via issuance of a change order (purchase
order).
E. Bidder Obligation:
Bidder shall carefully examine the contents of this Invitation for Bid and any subsequent addenda. Failure
to do so shall not relieve the Successful Bidder of its obligation to fulfill the requirements of any contract
awarded as a result of this ITB.
F. Conditions of Work:
Bidder shall inform itself fully of the conditions relating to services required herein. Failure to do so will
not relieve a Successful Bidder of the obligation to furnish all goods and/or services necessary to carry out
the provisions of this contract
G. Prime Contractor:
If in its performance of this contract, Successful Bidder supplies goods or services by or through another
party or subcontractor, Successful Bidder agrees that:
* Successful Bidder shall act as the prime contractor for the goods and services to be provided under
contract and shall be the sole point of contact with regard to all obligations under this contract.
* Successful Bidder represents and warrants that Successful Bidder has made third parties or
subcontractors aware of the proposed use and disposition of the other party's products or services, and
that such other party has agreed in writing that it has no objection and that CITY is not liable to such
third parties or subcontractors for any work performed under this contract.
* The use of subcontractors and the work they perform must receive the prior written approval of HCS.
HCS will designate a Contract Administrator to approve such work.
* Successful Bidder shall be solely responsible for all work performed and materials provided by
subcontractors.
* Successful Bidder shall be responsible for the liability of subcontractors for the types and limits required
of the Successful Bidder under this contract.
H. Subcontractors:
Contractor's use of subcontractors and the work they are to perform must receive written approval from the
Contract Administrator at least ten (10) calendar days prior to the work being performed. Contractor shall
be solely responsible for all work performed and materials provided by subcontractors. Contractor shall be
responsible for the liability of subcontractors for the types and limits required of the Contractor.
Payments to Subcontractors:
In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement
Act), Contractor shall make payment to all subcontractors, as defined in the Code, within seven (7) days
after receipt of payment from the City; or, shall notify the City and subcontractors in writing of the intention
to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is
not made as noted, Contractor shall pay interest at the rate of one (1) percent per month, unless otherwise
provided in the Agreement, to the subcontractors on all amounts that remain unpaid after seven (7) days
except for the amounts withheld as provided herein.
ITB 27-270548/KJ Page 10 of 39

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