Active SLED Opportunity · VIRGINIA · CITY OF NEWPORT NEWS
AI Summary
City of Newport News seeks qualified contractors for backflow device testing and repair services at various city buildings. Bids due May 8, 2026, via the City's e-Procurement Portal. Contract includes labor, materials, and certification requirements with options for renewal.
The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods and/or services described herein and bids will be received via the City’s e-Procurement Portal, OpenGov Procurement (https://secure.procurenow.com/portal/nnva), to be received no later than Friday, May 8, 2026 at 2:00 pm (local prevailing time).
The purpose of this Invitation for Bids (IFB) is to establish a contract with a qualified Contractor for the provision of backflow testing and repair services at various City buildings, on an 'as needed' basis, in accordance with the specifications of this IFB.
A. Contractor shall provide Domestic Backflow Device Testing and Repair Services for various City of Newport News facilities. Specific locations and corresponding devices are listed in Attachment A. The Contractor shall coordinate with Building Services to establish a testing schedule for all devices.
B. Contractor shall furnish all labor, materials, supplies, equipment, tools, permits, supervision and incidentals items necessary for the testing/retesting and repairs of backflow devices located at various City buildings.
C. Contractor/testers shall complete all required test forms and mail the original forms to the City of Newport News Waterworks Cross Connection Control Office, 425 Industrial Park Drive, Newport News, VA 23608. A copy of each completed test form shall also be provided to the City of Newport News Building Services at 513 Oyster Point Road, Newport News, VA 23602.
D. Contractor shall possess demonstratable experience with commercial building backflow testing.
E. Contractor and all contractor designated testers must hold valid backflow certification issued by the Virginia Department of Professional and Occupational Services or an equivalent certification approved by Newport News Waterworks. Proof of certification shall be provided upon request.
F. Contractor shall enter their hourly rates for backflow device testing/retesting and repairs in the spaces provided for that purpose in the Bid Table.
G. Contractor shall enter their percentage mark-up for parts and materials under the Mark-up Percentage Column in the Bid Table as a decimal number (Example: 10% markup shall be entered as .10).
Questions regarding this Invitation for Bid (IFB) must be submitted in writing through the OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Friday, April 24, 2026 by 1:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.
The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods and/or services described herein and bids will be received via the City’s e-Procurement Portal, OpenGov Procurement (https://secure.procurenow.com/portal/nnva), to be received no later than Friday, May 8, 2026 at 2:00 pm (local prevailing time).
The purpose of this Invitation for Bids (IFB) is to establish a contract with a qualified Contractor for the provision of backflow testing and repair services at various City buildings, on an 'as needed' basis, in accordance with the specifications of this IFB.
The City of Newport News shall be an Additional Insured in all such policies.
Pursuant to 2. C.F.R § 200.326. the following provisions and certifications shall apply when the City utilizes federal funds to purchase goods or services resulting from this solicitation. These provisions are in addition to other Terms and Conditions contained in this solicitation.
[Include the name of the federal agency where funds are utilized. If not known…… state that it is TBD]
A pre-bid conference is scheduled related to this Invitation for Bid on NO VALUE at NO VALUE at:
NO VALUE
Attendance at the pre-bid conference is mandatory in order for a bid to be considered for award.
Refer to Standard Terms and Conditions for these applicable provisions.
The Contractor shall carry the required amounts of insurance specified below throughout the contract/agreement period except the liability and products/completed operations shall be maintained for a period of five (5) years after the final completion of the Contractor’s work or through the statute of repose or statute of limitations period(s) applicable to any claims against Contractor, whichever is greater. The Contractor shall submit a Certificate of Insurance and appropriate endorsements certifying coverages:
Such certificates shall provide that the Insurance will not be canceled or reduced without prior notice to the City.
Changes or supplemental instructions to this Invitation for Bid will be posted online with this solicitation. It is the Bidder's responsibility to check for addenda prior to the bid due date and time to ensure that all Addenda are received. Addenda shall be posted on the City's e-Procurement Portal, OpenGov Procurement, and Addenda notifications will be sent via email to all persons on record who are following this IFB on OpenGov Procurement.
All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all Addenda shall be completed in OpenGov Procurement. If all Addenda are not acknowledged, the bid may not be accepted and be deemed non-responsive.
This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download. A direct link to all City of Newport News solicitations on eVA is located at www.nnva.gov/691 or from the Office of Purchasing webpage (www.nnva.gov/purchasing) by selecting Solicitations from the left side bar. Bidders and potential subcontractors may communicate and collaborate using the B2B Connect through the B2B Connect tab on the eVA solicitation webpage.
Note: The City of Newport News utilizes eVA to post solicitations. Purchase Orders will be issued directly from the City’s electronic procurement system.
The minimum Limit of Liability shall be:
Bodily Injury per person / occurrence (BI) $1,000,000
Property Damage per occurrence (PD) $1,000,000
If Policy has Aggregate Provisions –
Minimum Annual Aggregate Limit $1,000,000
| Release Project Date: | April 17, 2026 |
| Question Submission Deadline: | April 24, 2026, 1:00pm |
| Bid Submission Deadline: | May 8, 2026, 2:00pm Bids will be publicly opened on the due date and time as specified herein, in the Office of Purchasing. A virtual attendance option is also available by using the link below. |
A pre-bid conference is scheduled related to this Invitation for Bid on NO VALUE at NO VALUE at:
NO VALUE
Attendance at the pre-bid conference is not mandatory in order for a bid to be considered for award.
During the performance of this contract, the Contractor agrees as follows:
When required by Federal Program legislation, the following contract provisions apply to a construction related contract.
Project Contact:
Aretha Williams
Contract Specialist
2400 Washington Ave
Newport News, VA 23607
Email: williamsas@nnva.gov
Phone: (757) 926-8037
Secondary Contact:
Tionna Cloud
Procurement Services Specialist
2400 WASHINGTON AVENUE
NEWPORT NEWS, VA 23607
Email: cloudtc@nnva.gov
Phone: (757) 926-8041
There is not a pre-bid conference scheduled for this project.
The Consultant shall obtain and maintain professional liability insurance for errors and omissions (E & O) in the amount of two million ($2,000,000.00) for the duration of this contract. An original certificate of insurance and all required endorsements shall be submitted to the Office of Purchasing for approval.
The Consultant shall obtain and maintain medical professional liability insurance in the amount of $2.65 million per occurrence, $3.0 million in the aggregate through June 30, 2025. On July 1, 2025, and each July 1 thereafter, the per occurrence limit shall increase to the limit set forth in Section 8.01-581.15 of the Code of Virginia for that time period, and the aggregate shall increase by $100,000 each July 1.
When applicable, Bidder/Offeror shall sign and submit the Certification contained in the Questionnaire section of this solicitation.
A site visit is scheduled related to this IFB on NO VALUE, NO VALUE at:
NO VALUE
When required by Federal Program legislation the following contract provision shall apply to a construction or repair contract.
For Owned, Non-Owned and Hired Automobile, the minimum Limit of Liability shall be:
Combined Single Limit (CSL) per occurrence $1,000,000
Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.
The City will make a single award, based on the Total Bid, to the lowest responsive and responsible Bidder.
When required by Federal Program legislation, the following contract provision apply to construction contracts that includes mechanics and laborers.
Coverage over the commercial general liability, automobile liability, and employer’s liability.
The minimum Limit of Liability shall be:
Combined Single Limit (CSL) $2,000,000
All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq., Code of Virginia, 1950, as amended).
As indicated in the Code of the City of Newport News Section 2-557.2, any Bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the Purchasing Agent decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.
Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records.
Interested parties may contact the Contract Officer to request a time to review proposal records during the normal business hours of the City. The City reserves the right to facilitate public inspection of records through electronic means to the extent possible.
The City will make a Single Award to the responsive and responsible Bidder(s) who offers the highest total bid price.
Shall comply with all federal and state statutory regulations pertaining to Workers’ Compensation requirements for insured or self-insured programs, and waive subrogation rights. The minimum Limit of Liability for Employers Liability shall be $1,000,000 for each accident, disease/employee, and disease/policy.
In addition, the City requires an Alternate Employer Endorsement naming the City as an alternate employer, if applicable.
When required by Federal Program legislation, the following contract provision apply to contracts in excess of $150,000.
Federal Water Pollution Control Act
Cyber Liability in an amount not less than Two Million Dollars ($2,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate with a retroactive liability date (if applicable to claims made coverage) the same as the effective date of the contract or earlier. The policy shall contain an Extended Claim Reporting Provision of not less than two years following termination of the policy.
Notices and communications related to the contract resulting from this Invitation for Bid shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, modifications, renewals, and terminations will be handled through the Office of Purchasing. The Office of Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, contract renewals and contract amendments. The City may also use a web-based service to obtain signatures electronically.
***Include any special requirement pertaining to this project.***
A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).
The Contractor shall obtain and maintain professional liability insurance for errors and omissions (E & O) in the amount of two million ($2,000,000.00) for the duration of this contract. An original certificate of insurance and all required endorsements shall be submitted to the Office of Purchasing for approval.
Issuance of a Purchase Order shall constitute the contract.
Following award, a contract will be executed between the Contractor and the City. A sample contract is included in this Invitation for Bid. Do not return the sample contract with the bid; it is provided for informational purposes only.
All Bidders organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. 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, as amended, or as otherwise required by law shall include in the bid a statement describing why the Bidder is not required to be so authorized.
Any business entity that enters into a contract with a public body pursuant to this chapter 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, as amended, to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.
The Contractor and any Subcontractor shall name the City, including its elected and appointed officials, employees, and agents, as additional insureds.
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, Bidder/Offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
If authorized by the Bidder, the contract resulting from this Invitation for Bid may be extended to other public bodies, agencies or institutions within the United States to purchase at the contract prices, terms and conditions. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The City of Newport News is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating public bodies. It is the Contractor’s responsibility to notify the jurisdictions of the availability of contract(s), if desired. Bidders who do not wish to extend the prices, terms and conditions to other public bodies shall so indicate in the bid.
Following award, a contract will be executed between the Contractor and the City. A City sample contract is included in this Invitation for Bid. Do not return the sample contract with the bid; it is provided for informational purposes only. The City recognizes that a Software License Agreement may be required Bidders shall include a sample License Agreement with the Bid.
The Additional Insured Endorsement on ISO Form CG 20 10 or similar and for Products/Completed Operations CG 20 37 must be attached to the Certificate of Insurance and must properly reference the above language. WC 00-03-01 (naming the City as an alternate employer for Worker's Compensation claims).
Issuance of an Award Notice and Notice to Proceed shall constitute the contract.
The City of Newport News desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals, service disabled veterans, military family-owned businesses and employment services organizations, and to encourage their participation in the City's procurement activities. The City of Newport News encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. Offerors are requested to complete and provide the Small, Women-Owned, Minority-Owned and Service Disabled Veteran-Owned Business Requirements Form, if provided herein.
Any modifications made to the contract must be approved by the Office of Purchasing in advance. The City and the Contractor must mutually agree to modify the terms, conditions, scope or prices/costs contained in the contract before modifications are implemented.
The City of Newport News does not discriminate against faith based organizations.
The contract shall continue until completion of the project. If required, an ongoing contract period will be determined based on the licensing, support and maintenance requirements of the awarded Contractor.
During the performance of a contract with the City, the Contractor agrees as follows:
The initial contract period will be for one (1) year from date of award with the option to renew, at the City’s sole discretion, for four (4) additional one (1) year periods.
A contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one year renewal period upon mutual agreement of the City and Contractor.
During the performance of a contract with the City, 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 prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this subsection, “A drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this subsection, 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.
Terms Required...
During the performance of a contract with the City, the Contractor agrees that it will not use forced or indentured child labor in the performance of a contract that exceeds $10,000 and that the Contractor will include this provision in every subcontract or purchase order of over $10,000 so that the provision is binding upon each subcontractor or vendor. “Forced or indentured child labor” means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Price adjustments may be permitted for changes in the Contractor’s material/service costs, not to exceed the change of the Producer Price Index (PPI) for Plumbing, heating and air-conditioning contractors, nonresidential building work , Series: PCU23822X23822X , not seasonally adjusted, as published by the United States Bureau of Labor Statistics for the latest twelve months for which final (i.e. non-preliminary) statistics are available. The nearest comparable index will be utilized if data for the specified index is no longer available.
A price adjustment may be requested after the initial contract period, and each renewal period thereafter, and only after verification and approval by the Office of Purchasing. Price adjustment requests shall be submitted to the Office of Purchasing for consideration. Other City departments are not authorized to approve price adjustments. The index change for a given period shall be calculated as follows: ((Most Current Non-Preliminary Final Index - Previous Index) / Previous Index) * 100 = Percentage Change.
The Contractor shall provide a minimum of 30 days advance notice (“advance notification period”) of any price increase to the Office of Purchasing. An approved price adjustment will be effective at the beginning of the calendar month following the end of a full 30 day advance notification period. (For example, Contractor requests a price increase on August 15. Office of Purchasing reviews and approves the request. New prices will be effective October 1).
The Contractor shall submit a written request for a price adjustment (email, facsimile, or US Mail) to the Office of Purchasing. Evidence/proof of price change from the manufacturer or other relevant source shall accompany the request. Price adjustments are not automatic and are subject to approval by the Office of Purchasing. If an adjustment is approved by the City, price increases may be limited to a maximum of 5% for each increase period.
Any manufacturer price decreases are subject to implementation at any time and shall be immediately conveyed to the City.
The City reserves the right to request a reduction in price based on economic factors or market conditions during the contract term according to changes in the specified index or other factors.
Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.
Prices shall remain firm during the entire term of the contract [or] project.
The Contractor shall take one of the two following actions within seven (7) days after the receipt of amounts paid by the City for work performed by subcontractor(s) under the contract resulting from this solicitation:
All contracts awarded by the Contractor to a subcontractor for any portion of the contract shall include:
Sales to the City of Newport News are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.
All work and deliveries shall be performed/delivered between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, excluding City holidays, unless otherwise specified.
Delivery tickets shall show quantity, description, unit price, total price, purchase order number and release number.
The Contractor shall indemnify, defend and hold harmless the City, 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 lack of performance, unlawful acts or omissions, or the negligent or willful acts or omissions of contractor or its subcontractors or sub-consultants. Further, if the Contractor subcontracts any work, it will require in its subcontracts that each contractor indemnify defend and hold harmless the City as stated above.
The parties to the contract resulting from this solicitation agree that under Virginia state law the City cannot indemnify, defend and hold harmless the Contractor. To the extent any promise or term contained in the contract, including exhibits, attachments or other documents incorporated by reference therein, includes any indemnification or obligation to defend by the City, that promise or term is stricken from the contract and of no effect.
The City will issue a Blanket Purchase Order; the Contractor shall provide goods or services on an as requested basis from the user department.
The City operates on a fiscal year basis from July 1 through June 30 of each year. Should Blanket Purchase Orders be issued, they may be valid up to the end of the current fiscal year. New purchase order(s) are issued at the beginning of each fiscal year to cover the remainder of the then current contract period.
The apparent silence in the specifications and any supplemental specifications as to any detail or the omission from the specifications shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.
Receipt of a Purchase Order constitutes the authorization to provide the goods or services specified on the order.
In the event, there is a breach of confidential or private information from City data due to any alleged act, omission, professional error, fault, mistake, or negligence of the Contractor, its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection with or incidental to the performance of the contract, the Contractor shall indemnify the City, its elected officials, officers employees, and volunteers for all costs associated with the privacy or security breach including the costs of professional external Information Technology services to contain and or terminate the security failure or privacy event, professional external Information Technology services to conduct a forensic investigation to determine cause, and scope of the breach including who may have been affected by the breach, services to research and identify current address information to contact those affected, third party notification services, third party identity theft, and identity restoration insurance and or services, legal services and advices relating to the security failure or privacy event, external communications firm services to provide call center services, press releases, and answer questions related to the breach for those affected, regulatory fines, penalties or assessments levied against the City as a result of the breach including State, Federal, PCI, and, and shall fully indemnify the City for any third party claims resulting on account of loss of or damage to any property or for injuries to or death of any person.
Confidentiality: Confidential Information may be supplied to the Contractor solely for the purposes of performance under the Contract and Contractor agrees not to use this data for any other purpose or to disclose the data to any third party. Contractor shall be liable for any damages arising from breach of any local, state, or federal confidentiality or privacy laws related to the Contractor’s performance under the contract.
Contractor shall take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of the contract. This obligation of confidentiality will not apply to information that:
Any violation by Vendor of any provision under this Confidential Information section shall constitute a material breach of this contract, and as such the City reserves the right to terminate the contract immediately without penalty and pursue any remedies allowed by law to prevent or remedy a breach by the Contractor of its obligations to the Confidential Information section to include injunctive relief.
The Contractor shall provide the goods or services requested upon receipt of a Purchase Order or a City issued Purchasing Card.
The Contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.
The quantities stated are estimated annual quantities and are provided as a general guide for submitting bids and are not guaranteed. Actual quantities purchased may be more or less than those specified.
Actual quantities purchased may be more or less than those specified. Upon mutual agreement, the City reserves the right to purchase additional quantities of goods or services at the contract price within six months of the date of initial award.
This solicitation and any resulting contract are subject to the laws of the Commonwealth of Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in the courts of the City of Newport News, Virginia, or the United States District Court for the Eastern District of Virginia, Newport News Division.
In accordance with § 2.2-4311.3 of the Code of Virginia: No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable. Any term or provision in a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.
Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, and Newport News, VA 23607. No service fees or additional costs will be paid by the City during the term of the contract unless allowed in the contract.
Payment will be authorized following receipt of a valid invoice which must minimally include the Purchase Order Number, Purchase Order Line Item Number(s), Contract number (if provided by the City), Description of Goods and Services, Delivery Date(s) of Goods or Services, Unit Prices and Total Price. Invoices may be submitted following completion of services.
The Bidder assigns to the City any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.
The Bidder certifies that he/she does not and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.
Funds to be utilized for this project are from the City’s multi-year Capital Improvement Plan. [use if applicable] In addition, the City intends to utilize external funding sources including state [and/or] federal [and/or] [detail other funding sources].
Offerors are advised that the initial Purchase Order amount for the project will represent the anticipated project cost for the City’s current fiscal year (July 1 through June 30 of each year). This cost may be based on the appropriation of project funds for the fiscal year, contract time, Schedule of Values provided by the Contractor after award and date of Notice to Proceed (NTP). The Purchase Order will be modified to reflect additional appropriations for each subsequent fiscal year in which Work will be performed. The City’s method for identifying project cost on a fiscal year basis will not impact or delay the progression of Work by the Contractor nor will it impact the total contract price identified in the Agreement to be executed between the City and the Contractor.
Payment shall be sent to XXX.
[Add details as needed for specific project]
A contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.
Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.
In event of default by the Contractor, the City reserves the right to procure the goods and/or services from other sources, and hold the Contractor liable for any excess cost occasioned thereby.
Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Office of Purchasing. The City may require, at its discretion, the Contractor provide a substitute item of equivalent or better quality subject to the approval for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the Contractor.
The City may terminate a contract when funds are not appropriated for the specified goods or services or when it is determined to be in the City’s best interest without providing specific cause.
If the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination.
Written notice of termination shall be given to the other party a minimum of thirty (30) days prior to its effective date.
In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.
The City may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.
In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.
Samples shall be furnished free of charge within the time specified by the Office of Purchasing. Upon request, samples will be returned to the Bidder (at the Bidder’s risk and expense). Samples will be properly disposed of by the City if not returned to the Bidder.
Samples shall be furnished free of charge within the time specified by the Office of Purchasing. Upon request, samples will be returned to the Bidder (at the Bidder’s risk and expense). Samples will be properly disposed of by the City if not returned to the Bidder. In addition, the City may require demonstrations of products and services offered.
In accordance with Section 2-577 of City Code, contractual claims, whether for money or other relief, shall be submitted in writing to the Office of Purchasing no later than sixty (60) days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based.
The Contractor shall refer to the Administrative Appeals Procedure and Contractual Claims Review Procedure posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources for information on claims submission and appeals related to contractual disputes.
The Contractor shall proceed diligently with the performance of the contract and with any disputed work pending final resolution of any claim or dispute.
If the parties are unable to perform or are delayed in the performance of its obligations due to acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or any other cause which is not reasonably foreseeable and which is beyond that Contractor’s control, then provided that Contractor shall have delivered written notice to the City of the cause of the nonperformance within five (5) business days of the initiation of the delay, then such nonperformance shall not be an event of default under a contract resulting from this solicitation and the performance shall be resumed at the earliest practicable time after cessation of such interruption. If notice is provided within the manner and timeframe set forth herein, the time for performance of the obligations hereunder shall be extended for the period of the forced delay.
Ownership of materials, data and documentation prepared or created pursuant to the contract that results from this solicitation, shall belong exclusively to the City. Such materials, data and documentation, whether completed or not, shall be the property of the City. The Contractor shall not use these materials, data or documentation on any other work without the express written consent of the City.
All artwork, camera-ready copy, negatives, dies, photos and similar materials shall become the property of the City. Any furnished materials shall remain the property of the City. All such items and materials shall be delivered to the City in usable condition after completion of the work and prior to submission of the invoice for payment.
Standard Language but may edited for specific information required [Safety Data Sheets required for chemical/compounds only]:A complete set of descriptive literature [and/or] Safety Data Sheets shall be furnished with bid. Failure to do so may be sufficient cause for rejection of the bid.
In no event shall a payment by the City to the Contractor or the waiver by the City of any provision under the contract, including any obligation of the Contractor, constitute or be construed as a waiver by the City of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any rights or remedies available to the City.
If any provision of the Contract resulting from this solicitation or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the full extent permitted by law.
The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the City.
The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.
Prior to submitting a bid, ensure that your firm fully understands the City’s insurance requirements, your carrier is properly rated and that your carrier can provide the required insurance and endorsements.
Contractor shall have seven (7) days from the date of the City’s request to provide insurance certificates and endorsements. Failure to provide the certificates and endorsements within this timeframe may be cause for the City to rescind award of a contract and hold the original Bidder/Offeror liable for excess costs.
Insurance requirements are specified herein in Section titled Insurance Requirements.
In the event of a conflict between the contract documents, including these terms and conditions and the terms of a Purchase Order or related document issued by the Office of Purchasing, the contract documents shall control.
The Contractor warrants the goods/services furnished to be of the highest quality and to be free from defects for a minimum period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. As applicable, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the City. The most favorable warranty the Contractor provides other customers, if better than the warranty requirement stated herein, shall be extended to the City.
Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the City from acquiring similar, equal or like goods and/or services from other sources.
Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the work in accordance with the Specifications.
The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the City. The City shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the City to the Contractor pursuant to this contract or any renewal or extension of this contract. The City’s employees, agents or authorized representatives shall have access to the Contractor’s facilities and all necessary records and be provided adequate and appropriate work space in order to conduct audits.
The parties to a contract resulting from this IFB acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the City. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The City shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the City. If the City delays the project for any reason for a continuous period of ninety (90) days or more, the City and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.
The contract resulting from this solicitation and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.
Bidders should review and understand the City's standards attached to this solicitation.
The services rendered in the contract resulting from this IFB are vital to City and must be continued without interruption. At contract expiration, the Contractor shall provide best efforts and cooperation to facilitate an efficient and effective transition to a successor, whether City or other Contractor, at no additional cost to the City.
Please provide the following information for the main contact for all communication regarding this solicitation:
Name
Title
Phone Number
Email Address
Please provide the following information for the secondary contact for all communication regarding this solicitation:
Name
Title
Phone Number
Email Address
Please provide the payment address for your organization.
Please provide the Employer Identification Number (EIN). If an EIN is not available, please provide the Social Security Number associated with your organization.
Indicate the length of time the company has provided the type of good(s) and/or service(s) required for this contract.
____________ years ____________ months
Please provide your State Corporation Commission (SCC) Identification Number. If the Firm/Company is not required to have/maintain registration, please provide the reason. If the Firm/Company is in the process of registering with the SCC, please state so.
For more information on registration and requirements, please visit https://www.scc.virginia.gov/.
Bidders MUST insert a definitive time frame IN CALENDAR DAYS, within which delivery will be made after receipt of order (ARO). Delivery in ________ days.
State of the warranty for goods/services.
If no warranty is provided, please type "N/A".
Please provide the payment terms for this project. If payment terms are not provided, then the terms shall be "Net 30 Days".
Bidder will extend term, conditions and prices to other jurisdictions.
Please download the below documents, complete, and upload.
Offeror hereby agrees to comply with all applicable Federal Terms and Conditions, if awarded a contract by the City.
By submitting a response to this solicitation, the Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The Bidder understands collusive bidding is a violation of Federal law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages.
In accordance with the terms, conditions and specifications of this Invitation for Bid, the authorized person(s) agrees to furnish the items and/or services requested. The authorized person(s) acknowledges that the bid is valid for a period of 90 days from the due date and certifies he/she has read, understands, and agrees to all terms, conditions, and requirements of this Invitation for Bid, and is authorized to contract on behalf of firm submitting the response.
In the space below, enter the name and contact email of the person who has signature authority for the Bidder's company, and is hereby agreeing to the statement above.
Bidders must complete and return with their bid, the MEETING INFORMATION TECHNOLOGY SECURITY POLICY REQUIREMENTS MATRIX.
Please download the below document, complete, and upload.
If you have a Draft Software License Agreement for your organization, please upload a copy.
Please upload a completed copy of the W-9 for your organization.
Please submit any supporting documentation (i.e. descriptive literature, specifications, photographs, diagrams, etc.) that you would like to include with your bid.
Please upload pricing here.
References must be for equivalent services. Do not include the City of Newport News as a Reference.
Please provide the following information for all three references, where prompted below:
Name of Business, City, County, or Agency
Street Address
City and State
Contract Dates
Contact Name
Contact Title
Contact Telephone
Contact Email
Description of Work Performed
Contract Amount in Dollars
Please provide the requested information for the first reference:
Please provide the requested information for the second reference:
Please provide the requested information for the third reference:
Under Title 54.1, Chapter 11, Code of Virginia, a Contractor that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property is required to hold a business license issued by the Virginia Board for Contractors. Licenses are issued in one of three license classes; A, B, or C as follows:
The City shall require master certification as a condition of licensure or certification of electrical, plumbing and heating, ventilation and air conditioning Contractors.
In addition, a valid business license from the City may be required.
Please provide the License Class(es) and numbers held by this organization:
Please upload a copy of the contractor's licenses held by your organization.
Please review the City's SWaM program. This document is provided for informational purposes only.
A certified SWaM Business is one that holds a current certification from the Virginia Department of Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women’s Business Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other U.S. State and some Local Government Supplier Diversity Programs.
Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged Business Enterprise?
What is your company’s certification type?
If applicable, please provide the Certification Entity/Agency and the Certification Number(s).
If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.
Contractors (including SWaM and non-SWaM firms) are encouraged to offer subcontracting opportunities to SWaM businesses to the greatest extent possible.
If applicable, please state the anticipated dollars that you intend to subcontract to each business type if a contract is awarded to your firm, similar to the format indicated below:
Total dollars to be sub-contracted: Company Name:
Total Small Business $______________ _____________________
Total Woman-Owned $______________ _____________________
Total Minority-Owned $______________ _____________________
Total SDV Dollars $______________ _____________________
Total DBE Dollars $______________ _____________________
If your firm cannot subcontract any work to SWaM businesses, please elaborate on why subcontracting opportunities are not available or practical.
This solicitation is for what type of project?
Do you want this solicitation to include a pricing table for bidders to complete electronically?
If yes, an electronic pricing section will populate for you to create pricing table(s).
If no, a question will populate in the vendor questionnaire for a separate pricing sheet to be uploaded by the vendor.
You should always try to use electronic pricing tables, except in truly unique scenarios where doing so is impossible.
What type of pre-bid meeting will be required for this project?
Will there be a site visit for this project?
What is the method of award resulting from this solicitation?
What type of Agreement will be the result of this solicitation?
Will there be an option for extensions for the contract term?
How will price adjustments be handled for this solicitation?
Price adjustments only apply to term contracts. If solicitation is for a one-time project/purchase, then choose N/A.
Will there be a requirement of Delivery of Goods/Services for this project?
What will be the method of ordering for this solicitation?
Will this project be for:
How will invoices be required to be submitted for this project?
Which of the following will be requirements of this project? Select all that apply.
Does this project require a Contractor's Business License?
Will the awarded vendor be required to submit insurance documentation after award?
Is this solicitation for a revenue-generating contract or project?
Will Federal funding be used to fund this project?
Is this to be a CIP-Funded Project
Does this solicitation require Professional Liability or Medical Professional Liability Insurance?
Note: The answer to this question should always be No for this template. If any of these insurance types are needed, you should use the corresponding template.
Might this solicitation require the Contractor to prepare or create any materials (printed or otherwise), data, or documentation on the City's behalf?
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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