SLED Opportunity · VIRGINIA · CITY OF CHESAPEAKEVA
AI Summary
City of Chesapeake seeks bids for a discount-from-catalog contract for landscape supplies including chemicals, fertilizers, seeds, athletic field materials, and irrigation products. The contract is for two years with no renewals and allows multiple awards. Vendors must provide percentage discounts off catalog prices.
If any bidder/offeror has questions about the specifications or other solicitation documents, the bidder/offeror should contact the buyer whose name appears on the face of the solicitation no later than 5 working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City.
The City reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the highest ranked offerors or lowest responsive and responsible bidder (as applicable) who meet the requirements of the solicitation.
2.1. Scope of Work – Discount Catalog Bid
The Contractor shall provide the City of Chesapeake with a discount‑from‑catalog pricing structure for all products offered under this contract. Bidders shall submit:
• A catalog (digital or printed) or URL to an online catalog
• The percentage discount(s) off the catalog list price for each product category
• Any additional terms associated with catalog pricing (e.g., exclusions, special items, freight terms)
Product Categories
Catalog categories shall include, but are not limited to:
• Chemicals (ice melt, herbicides, insecticides, fertilizers, fungicides)
• Seeds for various grass and turf areas
• Athletic field bulk materials (sand, clay, infield mix)
• Irrigation products
• Landscape hand tools
Additional Requirements
• The City reserves the right to make awards to multiple Contractors based on discount, catalog offerings, and overall value.
• No minimum order quantity or minimum dollar amount per order shall be required.
• Items shall be delivered or made available for local pickup within ten (10) business days. If an item is unavailable, a comparable replacement may be proposed with prior City approval.
• All invoices must clearly identify the purchase order number issued by the City of Chesapeake.
• Contractors shall honor the stated catalog discount(s) for the full contract term unless otherwise approved by the City.
• Updated catalogs may be submitted during the contract term; however, the awarded discount(s) shall continue to apply.
Two (2) Years from Date of Execution with No Renewal Options.
Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the proposal. Modification of or additions to any portion of the proposal may be cause for rejection of the proposal; however, the City reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a proposal as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the offeror withdraw or modify nonresponsive portions of a proposal which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.
By entering into a contract, the Consultant conveys, sells, assigns, and transfers to the City of Chesapeake all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular services acquired by the City of Chesapeake under said contract.
This solicitation is for an Indefinite Delivery, Indefinite Quantity (IDIQ) contract. All quantities of products and/or services or dollar values listed within this solicitation are estimates. Numerous factors could cause the actual volume of products and/or services under the contract to vary substantially from the estimates in the solicitation. Such factors include, but are not limited to, the following: This solicitation is a nonexclusive solicitation; There is no guarantee of volume to be purchased or required, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; The individual value of the solicitation is indeterminate and will depend upon actual demand and/or need, and the actual quantities ordered during the contract period. Bidder/Offeror acknowledges the foregoing and agrees that actual purchasing volumes of products and/or services during the term of the contract could vary substantially from the estimates provided in this solicitation.
By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred by the Commonwealth of Virginia or any political subdivision or agency of the Commonwealth from submitting bids/proposals on contracts for the type of services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.
By submitting their bids/proposals, bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidders/offerors, supplier, manufacturer or subcontractor in connection with their bids/proposals, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.
By submitting their proposals, offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, § 2.2-4343.1E).
During the performance of this contract, the contractor agrees as follows:
This solicitation is subject to the provisions of the City of Chesapeake Procurement Ordinance and Chesapeake Purchasing Policies and Procedures Manual. A copy of the City’s ordinance and Chesapeake Purchasing Policies and Procedures Manual is available for review at the purchasing office or accessible on the Internet at www.CityOfChesapeake.net/Purchasing.
In the event that a different administrative claim resolution process is not provided in the solicitation, the following claim process shall apply. In the event of a contractual dispute, Consultant must submit a written notice of the dispute specifically entitled “notice of intent to file a claim” within ten (10) days of the occurrence on which the claim is based to the City Manager or designee. No more than thirty (30) days from the occurrence on which the claim is based, the Consultant must submit a written statement of the basis of the claim together with a proposed remedy and all supporting evidence of the claim to the City Manager or designee. The timely and complete filing of the notice and claim are a prerequisite to recovery by the Consultant, and failure to follow the claim process stated herein shall operate as a conclusive waiver of the claim by the Consultant. Oral notice, the actual knowledge of a City employee or official, or an untimely or incomplete written notice and claim shall not be sufficient to satisfy the requirements of this provision.
The Consultant may not institute legal action prior to the receipt of a final written decision by the City Manager or designee unless the City Manager or designee fails to render a decision within ninety (90) days of the submission of the claim. Failure of the City Manager or designee to render a decision within ninety (90) days shall be deemed a denial.
The decision of the City Manager or designee shall be final and conclusive unless the Consultant appeals within six (6) months of the date of the final decision (or time specified for a final decision if no response is made) by instituting legal action as provided by Va. Code Section 2.2-4364.
The parties’ contract and their performance obligations shall be governed, interpreted and enforced pursuant to the laws and regulations of, and in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of law principles thereof. The Consultant shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the City. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the City and the Consultant may otherwise agree in writing.
Price adjustments may be permitted for changes in the contractor’s cost of materials/labor not to exceed the increase in the following index: CPI-U: Other Goods and Services. No price increase will be authorized for the initial contract term. Price escalation may be permitted only at the end of the initial term and at the time of renewal and only where verified to the satisfaction of the Purchasing Administrator.
Contractor shall give not less than 90 days advance notice of any price increase to the Purchasing Division. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 90-day notification period. Documentation shall be supplied in general with the contractor’s request for increase which will verify that the requested price increase is general in scope and not applicable just to the City of Chesapeake.
The Purchasing Division will notify the using department and contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the Purchasing Division.
Neither the acceptance by the City or any representative of the City, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the City shall operate as a waiver of any portion of the Contract or of any power herein reserved or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of or implied course of dealing applicable to any other or subsequent breach. The City reserves all rights, privileges, immunities and defenses available to it at law.
The General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the offerors to perform the services and the offerors shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect offerors’ physical facilities prior to award to satisfy questions regarding the offerors’ capabilities. The City further reserves the right to reject any proposals if the evidence submitted by, or investigations of, such offerors fails to satisfy the City that such offerors is properly qualified to carry out the obligations of the contract and to provide the services contemplated therein.
If the items or products requested by this solicitation are “Hazardous Substances” as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in § 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.
Material Safety Data Sheets and descriptive literature shall be provided with the bid/proposal for each chemical and/or compound offered. Failure on the part of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as nonresponsive.
The City reserves the right to conduct any test or inspection it may deem advisable to assure goods and services conform to the specifications.
A contract shall not be assignable by the Consultant in whole or in part without the written consent of the City.
Changes can be made to the contract in any of the following ways, provided that City staff other than the Procurement Administrator, City Manager, or designee shall have no authority to approve or order changes in the work that alter the terms and conditions of the Contract, except for changes permitted by the Chesapeake Purchasing Policies and Procedures Manual as to contract time or price that are mutually agreed and reduced to a written change order or contract modification:
In case of failure to deliver services in accordance with the Contract, the City, after due oral or written notice, may procure them from other sources and hold the Consultant responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have.
Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is 54-072-1442.
During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultants 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 Consultants 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 Consultant that the Consultant 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 section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Consultant, 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.
During the performance of this contract, the Consultant agrees as follows:
It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available, subject to appropriations, for the purpose of this solicitation.
Unless stated otherwise in the solicitation, bidders/offerors shall state bid prices in US dollars.
A Consultant organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may avoid any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
The City may terminate the contract for cause or for convenience after giving 30 days’ notice in writing to the Consultant. The written notice shall state whether the termination is for convenience or cause. The notice shall be delivered by a commercial courier service or mailed certified with return receipt requested to the address listed on the bid/proposal, unless notice of a change of address has been provided to the Purchasing Division.
The City in its sole discretion may choose not to make an award to an offerors who is in litigation with the City at the time of proposals evaluation. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the offerors is in litigation with the City at the time of the proposals evaluation.
The City in its sole discretion may choose not to make an award to an offeror who has previously defaulted on a contract with the City or has been debarred by another public entity. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidders/offerors has previously defaulted on a contract with the City.
The City in its sole discretion may choose not to make an award to an offerors if any principal, officer, director, or staff member of the firm assigned to work under a contract awarded pursuant to this solicitation has been convicted of a felony or a misdemeanor involving moral turpitude in the past 10 years.
Consultant agrees, for itself, its agents, servants, employees, subcontractors, and subconsultants, to perform all work hereunder or associated herewith in accordance with any and all applicable professional standards and in accordance with sound professional practice and principles. The following provisions shall apply to the fullest extent permitted by law and regulations and shall not require indemnification for claims to the extent caused by or resulting solely from the negligence of the City, its agents, or employees.
Consultant shall indemnify and hold harmless the City and its officers, agents, volunteers, servants, employees and officials from and against any and all liability, losses, reasonable attorney's fees and litigation expenses or other expenses suffered by any party or entity as the result of any claim found to have been caused in whole or part by the negligent or willful acts, errors, or omissions of Consultant, or those for whom Consultant is legally liable, made in the course of performing Consultant’s professional services. With the prior approval of the City, Consultant may assume the defense of any such professional liability claim(s) made against the City, its agents, volunteers, servants, employees or officials.
As to all matters of liability related to or arising out of this contract other than professional liability (if any), Consultant shall indemnify and hold harmless the City, its agents, volunteers, servants, employees and officials from and against any and all liability, losses, reasonable attorney's fees and litigation expenses, or other expenses suffered by any party or entity as a result of any claim found to have been caused in whole or part by the negligent or willful acts, errors, or omissions of Consultant or those for whom Consultant is legally liable. With the prior approval of the City, Consultant shall assume the defense of any such claim(s) made against the City, its agents, volunteers, servants, employees or officials.
In the event a contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to the City will be used in product literature or advertising. Without prior written approval from the proper authority of the City, the Consultant shall not state in any of its advertising, product literature, or other promotional materials that the City or any department or agency of the City has purchased or uses its products or services.
Any bids/proposals in response to this solicitation shall be valid for 90 days. At the end of the 90 days the bids/proposals may be withdrawn at the written request of the bidders/offerors. If the bids/proposals is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
The Consultant assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the City’s written consent and only in accordance with federal, state, and City Code. Consultants who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the City of any breach or suspected breach in the security of such information. Consultants shall allow the City to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Consultants and their employees working on this project may be required to sign a confidentiality statement.
Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with the City of Chesapeake for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.
All firms doing business with the City are required to be properly licensed in accordance with the City of Chesapeake’s “Business, Professional, and Occupational Licensing (BPOL) Tax” ordinance. Wholesale and retail merchants not located in Chesapeake are exempt from this requirement. For questions concerning the applicability of the BPOL tax, contact the Commissioner of the Revenue at 757-382-6738.
Unless the bidders/offerors is registered as a DSBSD-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the Consultant is encouraged to offer such subcontracting opportunities to DSBSD-certified small businesses. This shall not exclude DSBSD-certified women-owned and minority-owned businesses when they have received DSBSD small business certification. No offerors or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) by the due date for receipt of bids/proposals. If small business subcontractors are used, the prime Consultant agrees to report the use of small business subcontractors by providing the Purchasing Division at a minimum the following information: name of small business with the DSBSD certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided.
No portion of the work shall be subcontracted without prior written consent of the Purchasing Division. In the event that the Consultant desires to subcontract some part of the work specified herein, the Consultant shall furnish the Purchasing Division the names, qualifications and experience of their proposed subcontractors. The Consultant shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.
Except as stated in a separate written agreement signed by the City and bidder/offeror, nothing in the in the solicitation shall prohibit the City from purchasing products and services similar to the products and services subject to this solicitation now or hereafter from other suppliers and/or contractors. In addition, the City retains the right to self-perform any or all services and work under the contract at any time.
Upon the award or the announcement of the decision to award a contract for all solicitations with an annual value of $5,000.00 or more, the Purchasing Division will publicly post such notice on the OpenGov e-procurement website (https://procurement.opengov.com/portal/cityofchesapeakeva) for a minimum of 10 days.
Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an equal product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.
Unless otherwise stated in the solicitation, the following is the default method of award if the procurement method is an IFB: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The City reserves the right to conduct any tests it may deem advisable and to make all evaluations. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.
The required Signature Page is attached (Attachment A) for your signature. Please sign and upload with your bid response.
Provide Vendor Primary Contact information; Years in Business; eVA Vendor ID and Duns Number: Provide a minimum of four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or provided similar goods. Include the length of service, and the name, address, and telephone number of the point of contact.
Please Upload Attachment C: Pricing Schedule Here.
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described LISTED that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law must indicate by selecting one of the following reasons why the bidder or offeror is not required to be so authorized:
Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted.
Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include a statement describing why the bidder or offeror is not required to be so authorized.
For more information on registration and requirements, please visit https://www.scc.virginia.gov/.
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.
If applicable, what is your company’s certification type?
If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.
Please enter the initial period of the contract.
Example:
One (1) year
Three (3) years etc.
Enter the estimated dollar amount for the entire contract period including renewal options.
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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