1. Proposals must be submitted before due date and time at the location listed in the RFP. Late proposals will not be accepted.
2. In order to be considered for selection, an offeror must submit a complete response to the RFP, including signature of an authorized representative, and provide the requested number of copies including an electronic copy. The RFP number should be clearly noted on the outside of the envelope or box. .  No responsibility will be attached to any County agent for the premature opening of a bid not properly addressed and identified. Failure to submit all information requested may result in the purchasing agent requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.  Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.
3. The County intends that a response to this RFP be concise, informative and inexpensive for the offeror to prepare. A response, in any event, must be organized in the order in which the requirements are presented in the RFP.  All pages of the proposal should be numbered and should not be excessive in the number of pages.  Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP.  It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP.
4. As used in this RFP, the terms "must," "shall," "should" and “may” identify the criticality of requirements.  "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution.  Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary.  Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements.  The inability of an offeror to satisfy a "must" or "shall" requirement does not automatically remove that offeror from consideration; however, it may seriously affect the overall rating of the offerors’ proposal.
5. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act.  Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror 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 proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.
6. The County reserves the right to reject any and all proposals and to waive any informality of technical defects if, in its judgement, the best interest of the County will be served as specified in Virginia Code § 2.2-4319.

For more information on procurement, please refer to the Virginia Vendors Manual, https://townhall.virginia.gov/l/GetFile.cfm?File=GuidanceDocs%5C194%5CGDoc_DGS_4358_v2.pdf

1. Bids must be submitted before due date and time at the location listed in the IFB. Late bids will not be accepted.
2. Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink.  Erasures or other changes in a bid must be explained or noted over the signature of the bidder.   Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the County as being incomplete or non-responsive. The IFB number should be clearly noted on the outside of the envelope or box.  No responsibility will be attached to any County agent for the premature opening of a bid not properly addressed and identified. 
3. Each bid must give the complete legal name and full business address of the Bidder and be signed by the Bidder, or the Bidder's authorized representative, with his usual signature.  Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners.  Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter.  The name of each person signing shall be typed or printed below the signature.  A signature on a bid by a person who identified his title as "President," "Secretary," "Agent," or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing.  When requested by the County, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished.  Trade or fictitious names may be referenced by using "t/a ," but bids shall be in the legal name of the person or entity submitting the bid. 
4. Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement.  If a contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Code of Virginia (1950), as amended, to be licensed in Virginia as a "Class A Contractor."  If a contract is for seven thousand five hundred dollars ($7,500) or more, but less than one hundred twenty thousand dollars ($120,000), the bidder is required to be licensed in Virginia as a "Class B Contractor."   Unless otherwise specified in the Notice of Invitation to Bid, a Class B contractor may bid on project.  The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate and insert his Contractor license/registration number:

                  Licensed Class ___ (A or B) Virginia Contractor No.

If the bidder fails to provide this information on his bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the County in writing when requested to do so before or after the opening of bids, he shall be deemed to be in violation of Section 54.1-1112 of the Code of Virginia (1950), as amended, and his bid will not be considered.

The bidder must also place its Employer Identification Number (SSN or EIN) in the space provided at the bottom of the Bid Form.

For more information on procurement, please refer to the Virginia Vendors Manual, https://townhall.virginia.gov/l/GetFile.cfm?File=GuidanceDocs%5C194%5CGDoc_DGS_4358_v2.pdf

AUGUSTA COUNTY GENERAL PURCHASE ORDER PROVISIONS 

1. ACCEPTANCE OF GOODS. Any goods must be of the highest quality and comply with any specifications, or terms and conditions. Goods delivered will remain Vendor’s property until after a physical inspection or actual usage of the goods. County’s count is final and conclusive. Rejected goods will be returned at Vendor’s expense.
2. ACCEPTANCE OF ORDER. This Purchase Order and the services provided will be deemed accepted upon return of the acknowledgement of this order or the commencement of performance by Vendor. County rejects any additional or inconsistent terms and conditions offered by Vendor at any time and irrespective of County’s acceptance of or payment for goods.
3. APPLICABLE LAW. This Purchase Order was made, entered into, and will be performed in Verona, Virginia, and will be governed in all respects by the laws of Virginia. Venue for any litigation arising out of this Purchase Order will be brought in the courts of Augusta County, Virginia. Vendor shall comply with all applicable federal, state, and local laws and regulations.
4. APPROPRIATIONS. County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for this purpose through appropriation by the Board of Supervisors.
5. ARBITRATION. It is expressly agreed that nothing under this Purchase Order shall be subject to arbitration, and any references to arbitration are expressly deleted.
6. ELECTRONIC RECORD. The parties agree that this Purchase Order can be executed through an electronic signature, and that an electronic record of this Purchase Order is as valid and enforceable as an original.
7. ENTIRE AGREEMENT. This Purchase Order constitutes the entire and exclusive agreement between the parties and supersedes any and all prior communications, discussions, negotiations, understandings, or agreements. No change or modification of this order will be binding upon County unless signed by County’s authorized representative.
8. FAILURE TO DELIVER. If goods are not delivered in accordance with these terms and conditions, County may, after due notice, procure goods from other sources and hold Vendor responsible for its costs.
9. FAITH-BASED ORGANIZATIONS & NON-DISCRIMINATION. County does not discriminate against faith-based organizations or any other vendor because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment.
10. FORCE MAJEURE. Neither Vendor nor County will be held responsible for failure to perform the duties and responsibilities imposed hereunder if such failure is due to strikes, fires, riots, rebellions, or force majeure which are beyond the control of Vendor or County and which make performance impossible or illegal.
11. IMMIGRATION REFORM AND CONTROL ACT OF 1986. Vendor shall not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.
12. INDEMNIFICATION. Vendor shall hold harmless and indemnify County and all of its officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, actions, or reasonable costs (including court costs and attorney’s fees) resulting from or arising out of obligations required by this Purchase Order, including, but not limited to, the negligence, gross negligence, or willful misconduct of Vendor’s employees or agents.
13. INSURANCE. County reserves the right to require Vendor to have comprehensive general liability and comprehensive automobile liability in appropriate amounts, to provide certificates of insurance, and to add County as an additional insured on those policies.
14. INVOICES. Vendor shall provide separate invoices for each order and shipment to the department and address on the Purchase Order. Vendor shall include the Purchase Order number on all related invoices, delivery memoranda, bills of lading, packages, and correspondence.
15. NO LIENS OR ENCUMBRANCES. Vendor warrants that goods are free and clear of all liens and encumbrances, and that the sale of goods does not infringe upon any patents, copyrights, or trademarks.
16. NON-WAIVER. No waiver or breach of any terms, conditions, provisions, or covenants contained in this Purchase Order will be construed as a waiver of any prior or succeeding breach of the same terms, conditions, provisions, or covenants.
17. NOTICE. All notices or invoices involving this order shall be sent to Augusta County, P.O. Box 590, Verona, Virginia, 24482.
18. OWNERSHIP. County shall have sole rights of ownership to any product, idea or property resulting from the performance of this Purchase Order unless otherwise agreed to in writing by both parties.
19. PAYMENT TERMS. County shall pay Vendor within 30 days after the later of receipt of a correct invoice approved by County or acceptance of goods which meet County’s requirements. County may withhold payment of invoices until goods are received and accepted, and does not waive the right to deduct cash discounts where applicable. If a discount for prompt payment is allowed, the discount period will begin on the later of receipt of proper invoice or delivery. Payment terms requiring payment in less than 30 days will be construed as requiring payment 30 days after the later of invoice or delivery.
20. PRICES. All prices submitted must be FOB Destination – Freight Prepaid and Allowed.
21. TERMINATION. County may terminate this Purchase Order, in whole or in part, for default or convenience with written notice at least 30 days prior to the effective date of cancellation. Any such termination will be without liability to County except for completed items delivered and accepted by County, payment for which can be offset against any damages to County. County may require Vendor to transfer title and deliver to County any or all property produced or procured by Vendor for performance of the work terminated and Vendor shall be credited with the reasonable value thereof not to exceed Vendor’s cost.
22. TRANSACTING BUSINESS IN VIRGINIA. Vendor must be authorized to transact business in Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Virginia Code or as otherwise required by law. Vendor shall not allow its existence to lapse or its certificate of authority or registration to transact business in Virginia to be revoked or cancelled at any time during the term of this Purchase Order. County may void this Purchase Order if Vendor fails to remain in compliance with the provisions of this section.
23. WORKPLACE PROVISIONS. In all Purchase Orders over $10,000, Vendor shall abide by the following workplace provisions. If Vendor engages any subcontractor or vendor to provide services hereunder, then Vendor shall include these provisions in every subcontract or purchase order over $10,000:

 (A) Vendor 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 law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Vendor. Vendor shall post in conspicuous places, available to employees and applicants of employment, notices setting forth the provisions of this nondiscrimination clause. Also, Vendor, in all solicitations or advertisements for employees placed by or on behalf of Vendor, will state that it is an equal opportunity employer. (B) Vendor shall: (i) provide a drug-free workplace for Vendor’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 Vendor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; and (iii) state in all solicitations or advertisements for employees placed by or on behalf of Vendor that Vendor maintains a drug-free workplace. For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with this Purchase Order where Vendor’s employees 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 Purchase Order. (C) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation will be deemed sufficient for the purpose of meeting the requirements of these sections.