Mowing and Landscaping Services

The purpose of this Invitation for Bid (IFB) is to obtain the services of a licensed, qualified, and experienced landscape contractor. This work shall include, but is not necessarily limited to, providing all labor, materials, equipment, supplies, and services necessary to sustain and maintain in a healthy, attractive, and safe condition, all turf, trees, and other landscaping at the locations stated in this IFB. This includes tree planting, trimming, and tree removal; plant removal; leaf removal; and all other landscaping services as needed. Occasionally, during winter, the town might request snow and ice removal services.

Background

The Town of Herndon is the third largest town in the Commonwealth of Virginia and home to more than 24,500 residents. Amidst a 21st century Northern Virginia landscape of high-rise buildings, industrial complexes and transportation hubs, Herndon maintains a small-town charm that is evident in its downtown, its neighborhoods and its commercial areas. Whether you are visiting for pleasure or business, you will enjoy the small-town charm of this pre-Civil War town and the many attractions we offer. Packed with outstanding recreational activities, the award-winning Herndon Community Center offers many programs and events.  Enjoy the town's 11 parks or take a hike on the W&OD Trail that runs through the heart of downtown Herndon.  Or spend a day on the links at the Herndon Centennial Golf Course, named one of Golf Digest's "Places to Play."

Project Details

• Reference ID: IFB 26-04
• Department: Dept. of Public Works - Town Shop
• Department Head: Tammy Chastain (Deputy Director of Public Works)

Important Dates

• Questions Due: 2026-04-16T14:00:55.673Z
• Answers Posted By: 2026-04-20T19:00:57.924Z
• Pre-Proposal Meeting: 2026-04-14T15:00:00.000Z — Herndon Municipal Center at 777 Lynn Street, Herndon, VA 20170

Addenda

• Addendum #1 (released 2026-04-09T12:39:24.087Z) —

  Addendum #1

Evaluation Criteria

• DESCRIPTION —

  TBD

   

• AUTHORITY —

  The Procurement Official has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, Contract and purchase order (except for capital construction projects) issued by the Town.  In the discharge of these responsibilities, the Procurement Official may be assisted by assigned buyers.  Unless specifically delegated by the Procurement Official, no other Town officer or employee is authorized to order supplies or services, enter into purchase negotiations or Contracts, or in any way obligate the government of the Town for indebtedness.  Any purchase order or Contract made which is contrary to these provisions and authorities shall be of no effect and void and the Town shall not be bound thereby.

• Contract Period —

  The initial term of this contract is for one year commencing upon the date that the contract is fully executed. The contract has four (4) one-year optional renewals. Automatic renewals are not permitted.

• Public Ground Description —
  1. Sterling Road from Rockhill Road to Elden Street. This shall include the removal of all weeds in the seasonal planting area around the Gateway Signs, Veterans' Memorial Signs, and the berm area on the north side of 1479 Sterling Road, adjacent to Sterling Road. The berm area between 1479 and 1481 Sterling Road is not included. Includes mowing approximately 100' of median, west of the Rock Hill Road intersection. Mow all medians and the backside of the sidewalks.
  2. Herndon Parkway, entire length, to include all signalized intersections. Mow all medians and the backside of the sidewalks.
  3. Monroe Street (south) Dulles Toll Road to Worldgate Drive; Van Buren Street from Worldgate to Herndon Parkway and from Spring Street to Grove Street. Mow all medians and the backside of the sidewalks.
  4. Monroe Street (north): Herndon Parkway to Grove Street. Mow all medians and the backside of the sidewalks.
  5. Dranesville Road: Bennett Street to Tyler Street. Mow all medians and the backside of the sidewalks.
  6. Spring Street: Elden Street to the intersection of Spring Street and Van Buren, then to the Town Corporate limit. Mow all medians and the backside of the sidewalks.
  7. Third Street: dead end east to Dranesville Road. Mow all medians and the backside of the sidewalks.
  8. Elden Street: Worldgate Drive to Fairfax County Parkway. Mow all medians and the backside of the sidewalks.
  9. Alabama Drive: Elden Street to Van Buren Street. Mow all medians and the backside of the sidewalks.
  10. Parks: The Town does not have the mowing square footage. The information listed below is the park size, not necessarily the mowing SF or acreage. 
      1. Haley Smith Park: approximately 10 acres
      2. Cuttermill Park: approximately 10 acres
      3. Trailside Park: approximately 5.8 acres
  11. Note: (see also Attachment G: The Town Map, Attachment H: Median, and Attachment I: Guardrail Footage). Note: Mowing always includes trimming/weed eating. 
• General Requirements —
  1. Landscape Supervision: The Contractor shall provide a supervisor/foreman fluent in English on-site at all times while work is being performed. During the first mowing exercise, the Contractor shall introduce his supervisor/foreman to the Town's representative.
  2. Point of Contact: Additional points of contact, telephone/beeper numbers, and emails for problem resolution shall also be provided. The Contractor shall instruct its workers not to encroach upon private property for any reason (i.e., taking breaks, picking fruit, etc.).
  3. The Contractor's employees shall be appropriately dressed while on Town property. All personnel shall wear shirts, pants, and safety equipment (hard hats, class 3 safety vests, steel-toed boots. Hearing protection recommended, as appropriate.
  4. The Contractor shall not solicit or advertise while on Town property.
  5. The Contractor shall furnish an up-to-date list of its employees assigned to the contract and their qualifications prior to the commencement of work.
  6. The Contractor shall have a minimum of four workers on site to ensure the work is being completed in a timely manner.
  7. Town Inspections: The Town representative shall perform routine inspections of the Contractor's work and may conduct unannounced inspections of equipment at any time while the equipment is on Town property. Should problems or deficiencies exist, the Town's representative shall note the problems and advise the Contractor's supervisor/foreman for immediate corrective action.
  8. Safety: To protect the contractor's personnel, the contractor must provide OSHA safety training, safety equipment (safety vests class three and hard hats are required), and signage that conforms to MUTCD standards and the Virginia Work Area Protection manual when work is performed in traffic areas. Mowing and edging equipment shall be operated in a safe and responsible manner that shall not endanger vehicles, pedestrians, or the operator. The Town's representative reserves the right to halt work for failure to observe proper safety precautions. Work may not resume until his approval is granted and property safety measures are in place.
  9. Water: The Contractor shall use a meter for any water used from a fire hydrant and paid for by the Contractor. The meter must come from the Town of Herndon and be obtained by contacting the Town Shop at (703) 435-6860 between the hours of 7:00 am and 4:00 pm, Monday through Friday, holidays excluded.
  10. Damage to Turf, Trees, Shrubs, and Facilities: Property and landscape damage resulting from the Contractor's operations will be subject to a liquidated damages assessment against the Contractor. The Town will deduct one-half of one percent (0.5%) of the bid amount for the mowing operation from the invoice for payment of each mowing operation that results in damage to turf, trees, shrubs, and/or facilities. Additionally, the Town will submit any and all claims for repair or replacement of the damaged property to the Contractor's insurance company.
  11. Use of Chemicals: The Contractor may request written authorization from the Town's representatives to use Herbicides, if desired. Individuals applying such chemicals shall possess a valid Virginia State Applicators License. The Contractor shall notify the Town's representative 48 hours prior to the actual application of chemicals and shall include Material Safety Data Sheets (MSDS) for chemicals proposed for use. The Contractor shall flag all areas and adjacent areas where herbicide is applied to warn the public of its presence. The Contractor is responsible for all vegetation, not limited to trees, shrubbery, and flowers, that is damaged by machinery or chemicals. If damage does occur, the contractor is responsible for its replacement at the Contractor’s expense.
  12. Security:
      1. All other Town buildings and right-of-way
         1. 24-hour notification of when work is to be performed
         2. All employees must wear the company uniform
         3. All employees are to have a current photo ID on their person
         4. Full name of the work crew supervisor and an office and cell phone number where he/she is reachable.
  13. Parking: Contractor is allowed to park its truck, tractors, and/or trailers in the parks or close to the area that you are mowing, but can not park in the right of way.
  14. Contractor is allowed to use weed eaters on the curbs and ensure that any grass will not be left on top of the curbs anywhere on the Parkway or any of the utility strips.
  15. Mowing perimeters: Contractor shall mow underneath guardrails. 
  16. Crack weeds. Contractor shall take care of the crack weeds on the sidewalks, medians, and any other areas of responsibility, to include the Jersey walls on the Herndon Parkway.
  17. At Haley Smith Park, Contractor shall ensure that no grass is growing on the warning tracks of the ball fields (Little League & Softball).
  18. Contractor shall pick up trash before you mow.
  19. No blowing of clippings into the right-of-way.
  20. Contractor shall ensure that the mower shields are down to protect our citizens and their vehicles.
• Summary —

  The Town of Herndon (herein referred to as “Town”) is soliciting bids from qualified firms with experienced, qualified, and licensed landscape contractor. This work shall include, but is not necessarily limited to, providing all labor, materials, equipment, supplies, and services necessary to sustain and maintain in a healthy, attractive, and safe condition, all turf, trees, and other landscaping at the locations stated in this IFB. This includes tree planting, trimming, and tree removal; plant removal; leaf removal; and all other landscaping services as needed. Occasionally, during winter, the town may inquire about the availability of snow and ice removal services.

• Intermittent Work —
  1. Mulch around trees or shrubs
  2. Mulch general per square foot
  3. Edging around the curb or other fixed objects
  4. Sodding
  5. Planting shrubs (not in the median)
  6. Planting shrubs (in median), contractor-provided traffic control required
  7. Trailside Park (entire park)
  8. Cuttermill Park (entire park)
  9. Aerify and overseed using solid tines, per square yard. The Town will provide the seed and application rate.
  10. Mow Alabama Street, 3^rd Street, and Spring Knoll water tank sites
  11. Tree Trimming
  12. Tree Pruning
  13. Tree Planting
  14. Metro Station: Mow all 13,600 sf of site
• Bidders Responsibility —

  Bidders shall examine the scope of services, terms and conditions and locations of this Invitation for Bid and shall exercise their own judgment as to the nature and total amount of all work required for acceptable performance.  The Town cannot accept any plea of ignorance of conditions that exist or that may hereinafter exist, or of conditions or difficulties encountered in the work as a result of failure to make the necessary examination and investigation as an excuse for any failure or omission on the part of the Bidder to fulfill in every detail the requirements of this Invitation for Bid, or is acceptable as a basis for any claims whatsoever for extra compensation.

• DEFINITIONS —

  AGENCY: Any Department, Agency, Authority, Commission, Board or other unit in the Administrative Service of the Town.

  BEST VALUE: As predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.

  BID: The offer of a Bidder to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

  BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization bidding on solicitations issued by the Procurement Official and offering to enter into Contracts with the Town. The term "Bidder" will be used throughout this document and shall be construed to mean "Offeror" where appropriate.

  CONTRACTOR: Any individual, company, firm, corporation, partnership or other organization to whom an award is made by the Town.

  GOODS: All material, equipment, supplies, printing, and automated data processing/information technology hardware and software.

  INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid or the request for proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

  INVITATION FOR BID (IFB): A request which is made to prospective suppliers (Bidders) for their quotation on goods or services desired by the Town. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

  PROFESSIONAL: Any type of professional service which is either: performed by an independent Contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia §2.2-4301 in the definition of competitive negotiation and in conformance with the Purchasing Regulations, required but not furnished by its own employees, which is in its nature so unique that it should be obtained by negotiation on the basis of demonstrated competence and qualification for the type of professional service required and at fair and reasonable compensation rather than by competitive sealed bidding.

  PROCUREMENT OFFICIAL: The Procurement Official employed by the Town Council of the Town of Herndon.

  REQUEST FOR PROPOSAL (RFP): A request for an offer from prospective Offerors that will indicate the general terms which are sought to be procured from the Offeror. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

  RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the Contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance, and having been prequalified, if required.

  RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid which conforms in all material respects to the invitation for bid or request for proposal.

  SERVICES: Any work performed by an independent Contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.

  SOLICITATION: The process of notifying prospective Bidders that the Town wishes to receive bids on a set of requirements to provide goods or services. The notification of the Town requirements may consist of public advertising (newspaper, Town Web Site, or other electronic notification), the mailing of Notices of Solicitation, Invitation for Bid (IFB) or Request for Proposal (RFP) or telephone calls to prospective Bidders.

  STATE: Commonwealth of Virginia.

• Background —

  The Town of Herndon is the third largest town in the Commonwealth of Virginia and home to more than 24,500 residents. Amidst a 21st century Northern Virginia landscape of high-rise buildings, industrial complexes and transportation hubs, Herndon maintains a small-town charm that is evident in its downtown, its neighborhoods and its commercial areas. Whether you are visiting for pleasure or business, you will enjoy the small-town charm of this pre-Civil War town and the many attractions we offer. Packed with outstanding recreational activities, the award-winning Herndon Community Center offers many programs and events.  Enjoy the town's 11 parks or take a hike on the W&OD Trail that runs through the heart of downtown Herndon.  Or spend a day on the links at the Herndon Centennial Golf Course, named one of Golf Digest's "Places to Play."

• CLARIFICATION OF TERMS —

  If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror should contact, in writing, the Purchasing Agent NO LATER THAN TEN (10) WORKING DAYS BEFORE due date. Revisions to the solicitation are made only by addendum issued by the Purchasing Office. Questions shall be answered in writing via addendum and shall be posted on the Commonwealth of Virginia’s Procurement Website (eVA), the Town of Herndon’s website and the Town’s procurement bulletin board.

• Work Schedules —
  1. No mowing shall occur at Trailside Park, Cuttermill Park, and Haley Smith Park during the hours of 11:30 a.m. through 12:30 p.m. 
  2. The Contractor, when at or near school grounds, shall conduct operations in such a manner as to maintain a safe working distance from any outside activities.
  3. Mowing operations shall not begin until after the schedule is approved by the Town's representative, and changes to the approved schedule will not occur without the written approval of the Town's representative.
  4. The expectation is that the successful Bidder shall provide the services of this IFB on the day scheduled. If, at any time, the successful Bidder fails to complete any service within five calendar days of the date in the approved schedule, except for an Act of God, the town has the right to perform the work in-house or obtain the services from another contractor. The Town shall consider the successful Bidder in breach of the Contract if the assigned duties are not completed within the required time frame, and the Town has the right to take appropriate action(s) as detailed in this IFB.
  5. Exceptions to Specifications: Exceptions to specifications are not considered and, if offered in conjunction with the bid, shall result in a bid being declared non-responsive.
  6. Turf Maintenance: All work shall be performed in a professional manner using trained employees and equipment that is in good repair. The contractor shall provide and use approved mowing signs and safety equipment as needed, in accordance with the Virginia Work Zone Safety Manual and the Municipal Uniform Traffic Control Devices.
• Contact Information —

    

  Andrea Lourenco	Department:
  Purchasing Agent	Public Works - Town Shop
  777 Lynn Street,
  Herndon, VA 20170	Department Head:
  Email: andrea.lourenco@herndon-va.gov	Tammy Chastain
  Phone: (703) 435-6800 Ext: 2048	Deputy Director of Public Works

                                                          

• Competition Intended —

  It is the Town’s intent that this Invitation for Bid (IFB) permits competition. It shall be the Bidder's responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. The Purchasing Agent must receive such notification not later than ten (10) business days prior to the date set for acceptance of bids.

• SUBMISSION OF BIDS AND BID OPENING —
  1. Bids will be received no later than Wednesday, May 6, 2026,11:00 am and will be opened and read at the times and places set forth in the Advertisement for Bid. Bidders, or their representatives, and other interested persons may be present at the opening of proposals.
  2. The Town will not accept bids that are presented after the published time and date of acceptance. The Town does not accept liability for late or non-receipt of bids.
  3. The Bidder will complete their electronic submission via OpenGov by answering the questions listed in Section 7 – Vendor Questionnaire.  In section 7, the Bidder must upload the following document, with a wet ink in signature, to ensure the authenticity of the submission. 
  1. 1. Bid Form
• Submission of Bids and Bids Openning —
  1. Bids will be received no later than 11:00 a.m., Wednesday, May 6, 2026, and will be opened and read at the times and places set forth in the Advertisement for Bid. Bidders, or their representatives, and other interested persons may be present at the opening of proposals.
  2. The Town will not accept bids that are presented after the published time and date of acceptance. The Town does not accept liability for late or non-receipt of bids.
  3. The Bidder will complete their electronic submission via OpenGov by answering the questions listed in Section 7 – Vendor Questionnaire. 
  4. In Section 7 - Vendor Questionnaire - the Bidder must upload the following document, with a wet ink in signature, to ensure the authenticity of the submission:
     1. Bid Form
  5. Modification/Withdrawal of Bids:
     1. A bidder for a Town contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in compilation of a bid, which unintentional arithmetic error or unintentional omission is clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid requested for withdrawal.
     2. The bidder shall give notice in writing of his claim of right to modify or withdraw his bid within two (2) business days after the conclusion of the bid opening procedure.
     3. A Bidder may not withdraw any bid under this paragraph when the result would award a contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).
• Mowing Requirements —
  1. Mowing - All turf shall be mowed, as required, to maintain an attractive appearance at all times, and when requested by a town representative. Turf shall not be cut below 3 inches and shall not be allowed to reach a height greater than 4.5 inches. Mowing shall be done in a responsible manner to prevent damage to the turf. If any turf is damaged by the contractor, such areas shall be repaired at the contractor's sole expense. All turf area mowing is to be completed within three (3) consecutive workdays. If the area to be mowed is wet, every effort will be taken to prevent damage to the turf. The contractor shall use good judgment when determining how and if to mow in wet areas. Problem wet areas shall be reported to the Town's representative. Roadside mowing shall be one mower width behind the sidewalk.
  2. Trimming - After each mowing, all obstacles, including, but not limited to, trees, picnic areas, tables, shrubbery/flowerbeds, telephone poles, guy wires, transformers, bleachers, fences, and walls, shall be trimmed around to present a neat appearance. The Contractor shall move picnic tables and any other movable tables, benches, or other fixtures, unless secured to a foundation. The Contractor shall mow the area underneath the table, bench or fixture and then replace the table, bench, or fixture back in its original location.
  3. Clean Up - Prior to mowing, the successful Bidder shall remove all debris, including, but not limited to, paper cans, bottles, bottle caps, and sticks. Should the Contractor's employees miss items and mow/shred them, they shall go back and police up the debris. The Contractor shall clear grass clippings resulting from mowing operations from all paved areas and make every effort to avoid discharge of grass clippings onto paved areas. The Contractor must rake or vacuum excessive grass clippings and remove them from the work site.
  4. Edging - The Bidder shall maintain blade cut edging as part of the turf mowing operation by use of weed eaters or stick edging. The goal is to keep the top of the curb visible and free of grass/weed encroachment, and perform on a monthly or bi-monthly basis at the discretion of the Town representative.
  5. Mulching - The Bidder shall provide a unit cost (per occurrence) to perform mulching of all trees in the median area of the Herndon Parkway. The Contractor shall mulch the areas around trees to a depth of 1/2" to 2" annually. The bid price for mulching shall include the purchase, storage, pickup, delivery, and placing of mulch and whatever else is needed to provide the mulch to the Town in the desired locations. The Town shall accept no extra charges. Mulching shall begin in the spring, upon receipt of this contract. Mulching shall require the removal of weeds and routine maintenance to keep the mulch beds weed-free. The method of weed control is optional. The Contract shall see that the mulch is neatly piled and sloping away from the tree, not mounded. Edging of mulch bed is not required.
  6. Tree and Pruning maintenance - is limited to that which is required to eliminate sucker shoots and problem limbs. The Contractor shall perform tree maintenance during each mowing, as required. The Contractor shall perform yearly pruning after the fall leaf drop, to prevent trees from growing onto the roadways, and routine removal of sucker from shoots in early stages. Perform all pruning work in accordance with ANSI A-300 Tree Shrub and other Woody Plant maintenance standard practices.
  7. The bid price for all work under this contract shall include disposal. It is the Bidders' responsibility to dispose of trash, clippings, and similar materials promptly at a site approved by the Town. The Town will not allow for extra costs. Emptying trash cans in the parks remains the Town's responsibility.
  8. The bid price for all work under the contract shall include crack and crevice control. The Bidder shall ensure that paved areas adjacent to the mowing areas (within 12 inches of the mowing perimeter) and sidewalks are kept free of weeds and grass. Method of control is the contractor's option. This shall include vegetation control on all fence lines, skinned infields, and warning tracks. The Town will not allow for extra costs.
  9. Sodding - The designated area for sodding requires smoothing, uniformity, and is in accordance with the required cross-section. Surfaces prepared for sod require sufficient depth below unseated areas so that newly laid sod is level with the surrounding surface. For those areas that are covered with topsoil, the Contractor shall use a power rake to remove the existing plantings and soil down to a depth such that, after the application of the fertilized and placement of new sod, the newly laid sod is level with the surrounding soil or equal to the previous height of the grass next to other surfaces.
  10. Unless otherwise specified, the Contractor shall use sod with a mixture of Rye, Fescue, and Kentucky Bluegrass. The Contractor shall provide the Town with the exact mix of the proposed sod for approval prior to placement.
  11. The sod is required to be free from all primary noxious weeds. Noxious weeds are:
      1. Canada Thistle
      2. Field Bindweed
      3. Johnson Grass
      4. Quack Grass
      5. Perennial Peppergrass
      6. Perennial Sowthistle
      7. Russian Knapweed
      8. Wild Garlic
  12. After the area has been prepared for sod, fertilizer is applied at the rate of 400 pounds/acre. The surface is loosened to a depth of I to 2 inches and then raked before the sod is placed. The Contractor shall ensure that all clods, lumps, boulders, or waste material are removed.
  13. In areas where the above method of preparation is impracticable, a different method may be approved. Notching to a sufficient depth is required for sod such that newly laid sod is level with the surrounding soil surface. Notching eliminates the possibility of the sod edges from drying out and dying. The Contractor shall perform notching when sodding is laid adjacent to:
      1. Surrounding soil
      2. Sidewalk and curb or other man-made structures
      3. Existing sod
      4. Pavement
  14. Notching is not required along paved side ditch, end sections, and graded box end sections, or curbs along slope walls.
  15. Contractor shall apply VDOT signage and regulations.
• Laying Sod —
  1. The Contractor shall lay sod strips by hand in the designated direction. The sod is fitted to the surrounding grade and fixed objects and is butted together closely to avoid open joints. Overlapping of sod is not permitted. After laying and initial watering, the sod is tamped or rolled to ensure contact with the soil underneath and is leveled with the surrounding surface. After compaction, the sod is required to present a smooth, even surface free of lumps and depressions. On slopes of 3:1 or flatter, the use of broken sod strips is permitted. Where broken pieces are laid, no overlaps are allowed.
  2. The Contractor shall peg sod placed in ditches with grades steeper than l % and on slopes 3:1 and steeper. The pegs are spaced not more than 2 feet apart in each strip, measured lengthwise of the strip. It is required that pegs are driven down until no more than 1 in. protrudes above the surface of the sod. For grades and slopes flatter than specified herein, peg as directed by the Town representatives. The use of wooden pegs at least 0.5 in. by 0.075 in. by 12 in. is required. The Contractor may substitute T-shaped wire pins instead of pegs. The Contractor shall ensure that the T-shaped pins are machine bent from 8 gage low carbon steel with a minimum of an 8 in. leg, a 4 in. head, and a 1 in. secondary drive. Pins are driven flush with the top of the sod.
• PREPARATION AND SUBMITTAL OF FORM OF BID —
  1. Bids shall be submitted through the procurement portal and shall be complete in every respect. 
  2. Bids shall not contain any restatement or qualifications of work to be done, and alternate bids will not be considered unless called for. No oral, telegraphic or telephonic bids or modifications will be considered.
  3. Bids shall be submitted through the procurement portal no later than Wednesday, May 6, 2026 at 11:00 am
• Award Criteria —
  1. The Town reserves the right to accept or reject all or any part of bids, waive minor technicalities/informalities and award the contract to the lowest responsive and responsible bidder to best serve the interest of the Town. Further, the Town reserves the right to award multiple contracts for all of the specified item(s) or service(s) to more than a single responsive and responsible bidder.  Multiple contracts may also be awarded to the lowest responsive and responsible bidder for each required good, service or equipment.  The unit price for each individual item on the Official Town Bid Form will be used to ascertain if multiple contract awards are in the best interest of the Town.  
  2. In the event the Town makes multiple awards, The Town shall use the primary award winner, low bidder, first. Additional resources will be used in low to high bid order. Where the primary source cannot meet the response time requirements or additional resources are required, the next low bidder will be employed and so on.
  3. Whenever the lowest responsive and responsible bidder is a resident of a state other than Virginia and such state under its laws allows a resident contractor of that state a percentage preference, the Town will allow a like preference to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. The Town will not consider a bid preference if the lowest bidder is a resident contractor of a state with an absolute preference.
  4. A low bid will be determined by using the Bid Total Amount (Part 1 + Part 2 = Grand Total), as shown on the Official Town Bid Form, that completely satisfies the specifications, terms and conditions of this invitation for bid. This firm fixed price offered shall be all inclusive, no additional costs will be allowed.
  5. Unless canceled or rejected, a responsive bid from the lowest responsible bidders shall be accepted as submitted, except that if the firm fixed price bids from the lowest responsive responsible bidders exceeds available funds, the Procurement Officer or designee may negotiate with the apparent low bidders to obtain a contract price within available funds.
• MODIFICATION OR WITHDRAWAL OF BID —
  1. Prior to the time and date designated for receipt of bids, any bid submitted may be modified or withdrawn in the procurement portal. Bid security, if any is required, shall be in an amount sufficient for the bid as modified or resubmitted. 
  2. A Bidder for a public construction Contract, other than a Contract for construction or maintenance of public highways, may withdraw his or her bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a Bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid which shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The Bidder shall give notice in writing to the Procurement Official of his or her claim of right to withdraw his or her bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.
  3. A Bidder for a Contract other than for public construction may request withdrawal of his or her bid under the following circumstance:
     1. Requests for withdrawal of bids after opening of such bids but prior to award shall be transmitted to the Procurement Official, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the Town may exercise its right of collection.
  4. No bid may be withdrawn under this paragraph when the result would be the awarding of the Contract on another bid of the same Bidder or of another Bidder in which the ownership of the withdrawing Bidder is more than five percent.
  5. If a bid is withdrawn under this section, the lowest remaining bid shall be deemed to be the low bid.
  6. No Bidder who is permitted to withdraw a bid shall, for compensation, supply any material olabor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
  7. If the Town denies the withdrawal of a bid under the provisions of this paragraph, it shall notify the Bidder in writing stating the reasons for its decision and award the Contract to such Bidder at the bid price, provided such Bidder is a responsible and responsive Bidder.
  8. Work papers, documents, and materials submitted in support of a withdrawal of bids may be considered as trade secrets or proprietary information subject to the conditions of the Virginia Freedom of Information Act.
• Watering Sod —

  Sod is watered immediately after laying. The Contractor shall ensure that the amount of watering is sufficient to saturate the sod and the upper few inches of the underlying soil, and that watering is performed at least once each day of the first week, once every second day of the second week, once every third day of the third week, and once a week thereafter. Sod is maintained for a minimum of four weeks from the time the sod is laid before being accepted. If during periods of ample rainfall, the Contractor may modify the watering schedule to simulate the above schedule. During the months of June, July, and August, the Contractor shall lay only Sod that is in good, live, growing condition and placed within 36 hours after cutting. The Contractor shall ensure that the Sod is protected from damage during the first 36-hour period. Winter sodding is allowed when the temperature is above 35° F. The laying of frozen Sod or Sod on frozen soil is not allowed. The Contractor shall ensure that Sod laid during the winter is properly protected from drying and laid within 48 hours after cutting.

• Extension of Contract —

  The initial contract will have four one-year renewals associated with it for a maximum of five (5) consecutive years under the terms and conditions of the original contract. The Contract Administrator will recommend to the Purchasing Agent, in writing, any intentions to extend the contract approximately 90 days prior to the expiration date.  If the Town elects to exercise the option to extend the contract for an additional one-year period, the contract price for the additional one year shall not exceed the contract price of the original contract by more than the percentage annual increase/decrease of the labor category of the CPI-All Urban Consumers (Current Series) section (CUURS35ASAS) of the Producer Price Index of the United States Bureau of Labor Statistics for the last twelve months for that statistics are available.

  The Town will not authorize any price increases for 365 calendar days after the effective date of the initial contract. The Town will permit price escalation only at the end of this period and each 365 days thereafter and only where verified to the satisfaction of the purchasing office. However, “across the board” price decreases are subject to implementation at any time and the Contractor shall immediately convey them to the Town. The Contractor shall give not less than 30 days advance notice of any price increase to the purchasing office. Any approved price changes become effective only at the beginning of the calendar month following the end of the full 30-day notification period. Subsequent contract renewals, if applicable, are subject to the same criteria with the previous year contract forming the basis for the percentage annual increase/decrease.

• Equipments —
  1. The Bidder's equipment shall meet all applicable State, Federal, and OSHA safety requirements. Only equipment manufactured specifically for finish mowing is acceptable. The Contractor shall maintain in accordance with the manufacturer's recommendations. To ensure that turf is cut cleanly and uniformly, the Contractor shall ensure that equipment cutting edges are maintained. The use of dull cutting edges is strictly prohibited. The Contractor shall ensure that all designed safety shield devices are in place and in good working order. Brush hogs are not acceptable for mowing except in ditch line areas and sewer line easements, if specified.
  2. The successful Bidder shall permit initial and ongoing inspection of equipment and safety training records.
  3. The Bidder is responsible for any and all personal and property damage caused by the Contractor's operations, including, but not limited to, flying debris or injury by equipment to employees, citizens, or town personnel as a result of the Contractor's equipment or employees.
  4. The contractor shall carry oil and fluid absorbent material at all times for use in the event of a fluid leak.
  5. The contractor shall not bring any equipment onto Town property that contains any fluid leaks. Should a piece of equipment develop a fluid leak, the contractor shall immediately take necessary action to contain the fluid and make repairs. The contractor is responsible for the complete cleanup and restoration of affected areas in accordance with all federal, regional, state, and local regulations and requirements, including OSHA and stormwater regulations and requirements.
  6. The Contractor shall ensure that all materials used to clean up fluid spills are properly disposed of at the contractor's expense.
  7. The Contractor shall provide, with its bid, a list of all equipment proposed for use on this project.
  8. The Contractor shall ensure that all Contractor-owned vehicles are parked in such a manner that they do not block or impede vehicular or pedestrian traffic.
  9. The Contract shall ensure that employees obey all traffic and parking restrictions, including using the truck route by all vehicles that qualify for its use.
• License Requirement —
  1. The Town requires that all firms doing business in the Town have a license in accordance with the Town's "Business, Professional and Occupational Licensing” (BPOL) Tax Ordinance.  A BPOL license is not required to submit a bid for this effort but will be required prior to award of the contract. Wholesale and retail merchants without a business location in the Town are exempt from this requirement. Direct all questions concerning the BPOL tax to the Finance Department, Revenue Office, telephone number (703) 435‑6813.
  2. The signature on this solicitation certifies that the Contractor is properly licensed for providing the goods/services specified or will have the proper license prior to the awarding of the contract.
  3. All Contractors doing business in the Town are required to possess a valid Virginia Contractor’s License as applicable.
• Ethics in Public Contracting —
  1. The provisions contained in Sections 2.2-4367 of the Virginia Public Procurement Act as set forth in the Code of Virginia (1950), as amended, are applicable to all contracts solicited or entered into with the Town of Herndon.
  2. By submitting their bids, all Bidders certify that their bids are made without collusion or fraud and they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.
• Leaf Removal and Pick Up service —
  1. The contractor shall provide leaf removal by trained professional labor. Professionals shall show up in their car. The Town will provide the equipments. Contractor is responsible for payroll, payroll taxes, town of Herndon business taxes, state and federal income taxes, workers' compensation, and liability insurance. 
  2. Leaf curb-side pick-up service should include an F-650 dump truck (or similar) - loading & hauling to the Contractor's dump site. Contractor is responsible for payroll, payroll taxes, town of Herndon business taxes, state and federal income taxes, workers' compensation, and liability insurance. Contractor shall provide a licensed driver, two (2) helpers with commercial heavy-duty backpack blowers, rakes, tarps for dragging, a gas can, a mix can, and any other necessary equipment. 
• Debarment Status —

  By submitting a Bid and/or acceptance of a Town Purchase Order or Contract, all firms certify that they are not currently debarred from doing business with or in the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from doing business with or in the Commonwealth of Virginia.

• ERRORS IN BIDS —

  When an error is made in extending total prices, the unit bid price will govern. Erasures in bids must be initialed by the Bidder. Carelessness in quoting prices or in preparation of bid otherwise, will not relieve the Bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the Bidder will be required to perform if his or her bid is accepted.

• Qualifications —

  The Bidders shall provide the names, addresses, email addresses, and telephone numbers of at least three (3) other firms or government agencies for whom a similar type of work has been performed in the past five (5) years.

  1. The Town will consider, in determining the qualifications of a bidder, his record in performance of any contracts for the services into which he/she may have entered with the Town or with other public bodies or corporations; and, the Town expressly reserves the right to reject the bid of such bidder, if such record discloses that said bidder, in the opinion of the Town, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded his obligations to subcontractors, suppliers or employees.
  2. The Town will make an investigation as to the ability of the bidder to perform the work.  The Town of Herndon reserves the right to reject any bid, if the evidence submitted by, or investigation of bidder, fails to satisfy the Town that such bidder is properly qualified by experience and financial status to carry out the obligations of the contract and to complete the work contemplated therein.  The Town will not accept conditional bids.
  3. The Town reserves the right to inspect bidder's facility, prior to award, to satisfy questions regarding the bidder's capabilities.
  4. Bidders must demonstrate that they have the resources and capability to provide mowing, landscaping, and snow removal services ( if included in the bid) with in-house staff as prescribed herein.
• COMPLETENESS —

  To be responsive, a bid must include all information required by the solicitation.

• Projected Requirements/Estimated Quantities —

  The quantities specified in this solicitation are estimated only and are given for the information of bidders and for the purpose of bid evaluation.  They do not indicate the actual quantities that will be ordered since the actual volume will depend upon requirements that develop during the contract period.

• Snow Removal on Sidewalks —

  If inquired by the town, this service shall be performed on as-needed basis during the winter season. Contractor shall provide snow removal beginning the day after the snow event ends. The contractor is responsible for providing labor, material, and equipment. The schedule will be coordinated with the Town's representative in advance within 24 hours. 

• ACCEPTANCE OF BIDS —

  Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the bid may be withdrawn at the written request of the Bidder/Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

• CONDITIONAL BIDS —

  Conditional bids are subject to rejection in whole or in part.

• Prices and Price Adjustment —

  All prices/discounts shall be FOB destination and shall include all charges that may be imposed in fulfilling the terms of this contract.  Prices/discounts shall remain firm for the duration of the contract.

  The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment. (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (appropriate bureau of Labor Statistics, Consumer Price Index (CPI), change in manufacturer’s price, etc.)

• BIDS FOR ALL OR PART —

  Unless otherwise specified by the Procurement Official or by the Bidder, the Procurement Official reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the Town. A Bidder may restrict his or her bid to consideration in the aggregate by so stating but shall name a single unit price on each item bid. Any bid in which the Bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award.

• Vendor Capabilities/Inspections —

  Upon request, any bidder may be required to give evidence that the bidder maintains a permanent place of business and has the following to support this: Adequate on-site inventory to deliver the items properly and expeditiously has adequate insurance for both itself and any subcontractors; has adequate financial status to meet obligations incidental to the work and has appropriate technical expertise.  The bidder’s failure to demonstrate the capabilities and resources listed above shall result in a determination of non-responsibility and shall be cause of rejection of the bid.

• PRICING —

  The subsequent Contract will be a firm-fixed price agreement. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of this initial Contract. If the Town elects to exercise the option to renew the Contract for an additional one-year period, the Contract price(s) for the additional year shall not exceed the Contract price(s) of the original Contract increased/decreased by no more than the percentage increase/decrease of the commodities category of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

• Cancellation of Orders —

  Purchases made under this contract are for readily available items specified herein.  Time is of the essence in furnishing the items ordered.  The Town reserves the right to cancel the order and/or refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

• Additions/Deletions —

  The Town reserves the right to add similar items/services or delete items/services specified in the subsequent contract as requirements change during the period of the Contract.  The Town of Herndon and the Contractor will mutually agree to prices for items/services to be added to the contract.  Contract amendments will be issued for all additions or deletions.

   

• BID OPENING —

  The Procurement Officer or designee will open all bids received in response to an Invitation for Bid (IFB) at the date, time and place specified, and read publicly.

• OMISSIONS & DISCREPANCIES —

  Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. Should a Bidder find discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, he or she shall notify the Procurement Official at least ten (10) days prior to the date set for the opening of bids. If necessary, the Procurement Official will post a written addendum for clarification to all Bidders no later than three (3) days before the date set for opening of bids. Notifications regarding specifications will not be considered if received within ten (10) days of the date set for opening of bids.

• BIDDER INTERESTED IN MORE THAN ONE BID —

  The Procurement Officer or designee will reject multiple bids, if more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons. A party who has quoted prices on work, materials, or supplies to a Bidder is not thereby disqualified from quoting prices to other Bidders or firms submitting a bid directly for the work, materials or supplies.

• TAX EXEMPTION —

  The Town is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price, a Bidder may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the Federal Excise Tax Exemption Number is 54-6001349.  Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the Town at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction Contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

• PROHIBITION AGAINST UNIFORM PRICING —

  The Procurement Official shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market methods of procurement. In submitting a bid each Bidder shall, by virtue of submitting a bid, guarantee that he or she has not been a party with other Bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating Bidders. Any disclosure to or acquisition by a competitive Bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re-advertising for bids.

• DEBARMENT STATUS —

  By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia or the Town of Herndon from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia or the Town of Herndon.

• NO CONTACT POLICY —

  No Bidder shall initiate or otherwise have contact related to the solicitation with any Town representative or employee, other than the Purchasing Department, after the date and time established for receipt of bids. Any contact initiated by a Bidder with any Town representative, other than the Purchasing Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder from this procurement process.

• CRIMINAL SANCTIONS —

  The provisions referenced in Ethics in Public Contracting supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interest Act (§ 2.1‑639.1 et seq.), the Virginia Governmental Frauds Act (§ 18.2‑498.1 et seq.), and Articles 2 (§ 18.2‑438 et seq.) and 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2. The provisions apply notwithstanding the facts that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

• INSURANCE —

  Whenever any work and/or services are provided, either in or on Town owned property, the following shall apply:

  The Contractor shall provide the Procurement Official with a Commonwealth of Virginia Certificate of Insurance PRIOR to the commencement of any work under the Contract and agrees to maintain such insurance until the completion of the Contract. The minimum limits of liability shall be:

  1. 1. Workers' Compensation--Standard Virginia Workers' Compensation Policy.
     2. Broad Form Comprehensive General Liability--$2,000,000 per occurrence coverage to include:
        1. Premises - Operations; Products/Completed Operations; Contractual; Independent Contractors; Owners and Contractors Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.);
     3. Automotive Liability--$1,000,000.00 per occurrence.
  1. The Town reserves the right to require higher limits on any Contracts provided notice of such requirement is stated in the solicitation. The Town is to be named as an additional or co-insured. A thirty- (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the Procurement Official at the address indicated on the solicitation.
  2. Contractor's signature of the solicitation constitutes his/her certification that, if awarded the Contract, he/she shall obtain the required coverage as specified above and proof of coverage as contained herein shall be submitted within ten (10) calendar days after notice of award. The Contractor’s signature also signifies that this coverage shall be maintained for the duration of the Contract. “Claims made” policies must be in force or that coverage purchased for three (3) years after Contract completion date.
• QUESTIONS CONCERNING SPECIFICATIONS —

  Any information relative to interpretation of specifications and drawings shall be requested of the Procurement Official, in writing, in ample time before the opening of bids. Inquiries, if received by the Procurement Official within ten (10) days of the date set for the opening of bids, are not given any consideration. Any material interpretation of a specification, as determined by the Procurement Official, will be expressed in the form of an addendum to the specification which will be posted for all prospective Bidders to review no later than three (3) days before the date set for receipt of bids. Oral answers will not be provided.

• FORMAL SPECIFICATIONS —

  When a solicitation contains a specification which states no substitutes, no deviation there from, is permitted and the Bidder is required to furnish articles in conformity with that specification. The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship is in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., is construed as to the minimum requirements of these specifications.

• AWARD OR REJECTION OF BIDS —

  The Procurement Official shall award the Contract to the responsive and responsible Bidder with the highest total number of factor points complying with all provisions of the IFB, provided the bid pricing is reasonable and it is in the best interest of the Town to accept it. The Procurement Official reserves the right to award a Contract by individual items, or to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the Town. Award may be made to as many Bidders as deemed necessary to fulfill the anticipated requirements of the Town. The Procurement Official also reserves the right to reject the bid of a Bidder deemed to be a non-responsible Bidder. In determining the responsibility of a Bidder, the following criteria will be considered: shall have recorded the reasons in the Contract file.

  1. The ability, capacity and skill of the Bidder to perform the Contract or provide the service required;
  2. Whether the Bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;
  3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;
  4. The quality of performance of previous Contracts or services;
  5. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract or services;
  6. The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service;
  7. The quality, availability and adaptability of the goods or services to the particular use required;
  8. The ability of the Bidder to provide future maintenance and service for the use of the subject of the Contract;
  9. The number and scope of the conditions attached to the bid;
  10. Whether the Bidder is in arrears to the Town on debt or Contract or is a defaulter on surety to the Town or whether the Bidder's Town taxes or assessments are delinquent; and
  11. Such other information as may be secured by the Procurement Official having a bearing on the decision to award the Contract. If an apparent low Bidder is not awarded a Contract for reasons of non-responsibility, the Procurement Official shall to notify that Bidder and shall have recorded the reasons in the Contract file.
• NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS —

  All award notices are issued by the Town to the successful Bidder.  Procurement opportunities and addendums are posted on the Commonwealth of Virginia’s Procurement Webpage (eVA) and on the Town of Herndon’s Procurement webpage. Award notices are posted on the Town of Herndon’s Procurement webpage.

  The following documents that are included in the solicitation are incorporated by reference in the resulting Contract and become a part of said Contract:

  1. This Invitation for Bid,
  2. Bid Form,
  3. Any addenda/amendments/Memoranda of Negotiations
• TIE-BIDS —

  If all bids are for the same total amount or unit price (including authorized discounts and delivery times), and if the public interest will not permit the delay of re-advertisement for bids, the Procurement Official is authorized to award the Contract to the resident to the Town tie Bidder whose firm has its principal place of business in the Town, or if there are none, to the resident of Virginia tie Bidder, or if there are none, to one of the tie Bidders by drawing lots in public; or the Procurement Official may purchase the goods or services in the open market except that the price paid shall not exceed the lowest Contract bid price submitted for the same goods or services. The decision of the Town to make award to one or more such Bidders is final.

• APPEAL OF DENIAL OF WITHDRAWAL OF BID —
  1. A decision denying withdrawal of a bid submitted by a Bidder is final and conclusive unless the Bidder appeals the decision within the (10) days after receipt of the decision by instituting legal action as provided in the Code of Virginia. The Bidder may not institute legal action until all statutory requirements have been met.
  2. If no bid bond was posted, a Bidder refused withdrawal of bid under the provisions of the Purchasing Regulations, prior to appealing, shall deliver to the Town a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next low bid. The release of such security will occur only upon a final determination that the Bidder was entitled to withdraw the bid.
  3. If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid.
• APPEAL OF DETERMINATION OF NONRESPONSIBILITY —
  1. Any Bidder who, despite being the apparent low Bidder, is determined not to be a responsible Bidder for a particular Town Contract shall be notified in writing by the Procurement Official. Such notice shall state the basis for the determination, which shall be final unless the Bidder appeals the decision within ten (10) days of receipt of the notice by instituting legal action as provided in the Code of Virginia. The Bidder may not institute legal action until all statutory requirements have been met.
  2. If, upon appeal, it is determined that the decision of the Procurement Official was arbitrary or capricious and the award for the particular Town Contract in question has not been made, the sole relief available to the Bidder shall be a finding that the Bidders a responsible Bidder for the Town Contract in question. Where the award has been made and performance has begun, the Town may declare the Contract void upon a finding that this action is in the best interest of the public. Where a Contract is declared void, the performing Contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.
• PROTEST OF AWARD OR DECISION TO AWARD —
  1. Any Bidder or Offeror may protest the award or decision to award a Contract by submitting a protest in writing to the Procurement Official, or an official designated by the Town, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Any potential Bidder or Offeror on a Contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such Contract shall submit such protest in the same manner no later than ten (10) days after posting or publication of the notice of such Contract. However, if the protest of any actual or potential Bidder or Offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection, then the time within which the protest must be submitted shall expire ten days after those records are available for inspection by such Bidder or Offeror or at such later time. No protest shall lie for a claim that the selected Bidder or Offeror is not a responsible Bidder or Offeror. The written protest shall include the basis for the protest and the relief sought. The Procurement Official shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the Bidder or Offeror appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in the Code of Virginia.
  2. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Procurement Official shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a Contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the Contract may be declared void by the Town. Where the award has been made and performance has begun, the Procurement Official may declare the Contract void upon a finding that this action is in the best interest of the Town. Where a Contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the Contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.
  3. Pending final determination of a protest or appeal, the validity of a Contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed.
  4. An award need not be delayed for the period allowed a Bidder or Offeror to protest, but in the event of a timely protest, no further action to award the Contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
• LEGAL ACTION —

  No Bidder, Offeror, potential Bidder or Offeror, or Contractor shall institute any legal action until all statutory requirements have been met.

• CONTRACTUAL DISPUTES —

  Contractual claims, whether for money or other relief, shall be submitted to the Procurement Official in writing no later than sixty (60) days after final payment; however, written notice of the Contractor's intention to file a claim for compensation above that required by the contract shall be given at the time of occurrence or beginning of work upon which the claim is based. If such notice is not given, any claim for additional compensation or time extension arising from or related to such occurrence or work shall conclusively be deemed waived. The Contractor shall continue performance during the pendency of any claim or dispute and following any decision thereon. The Procurement Official shall render a final decision on any such claim within sixty (60) days of its submission or within one hundred twenty (120) days after final payment, whichever is later. Failure by the Procurement Official to render a decision shall be deemed a denial of the claim as of the latest date a response was required.

• TERMINATION OF CONTRACTS —

  Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

  1. Terminated prior to expiration date by satisfactory deliveries of entire Contract requirements, or upon termination by the Town for Convenience or Cause.
  2. Extended upon written authorization of the Procurement Official and accepted by Contractor, to permit ordering of unordered balances or additional quantities at Contract prices and in accordance with Contract terms.
• TERMINATION FOR CONVENIENCE —

  A Contract may be terminated in whole or in part by the Town in accordance with this clause whenever the Procurement Official shall determine that such a termination is in the best interest of the Town. Any such termination shall be affected by delivery to the Contractor at least thirty (30) days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the Contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

• TERMINATION OF CONTRACT FOR CAUSE —
  1. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Town shall thereupon have the right to terminate, specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the Contract shall, at the option of the Town, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.
  2. Notwithstanding the above, the Contractor shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of Contract by the Contractor for the purpose of set off until such time as the exact amount of damages due to the Town from the Contractor is determined.
• TERMINATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL YEARS —

  If funds are not appropriated or otherwise made available to support continuation of the performance of this Contract in a subsequent fiscal year, then the Town shall cancel the Contract and, to the extent permitted by law, the Town shall reimburse the Contractor for the reasonable value of any non‑recurring costs incurred but not amortized in the price of the supplies or services delivered under the Contract.

• CONTRACT ALTERATIONS —

  No alterations in the terms of a Contract shall be valid or binding upon the Town unless made in writing and signed by the Procurement Official or his or her authorized agent.

• MODIFICATION OF CONTRACT —

  The Procurement Official may upon agreement with the Contractor, issue a written modification to the Contract within the general scope thereof, during performance. However, no fixed-price Contract may be increased over the life of the Contract by amounts totaling more than twenty-five percent (25%) of the amount of the Contract or fifty thousand dollars ($50,000) whichever is GREATER without the advance written approval of the Town Council. In no event may an increase in the amount of any contract occur for any purpose without adequate consideration. Relief of a Bidder/Offeror from the consequences of an error in its bid/Offeror is prohibited without adequate consideration. Should it become proper or necessary in the execution of this Contract to make any change in design or to make any alterations that will increase the expense, the Procurement Official shall determine an equitable adjustment. The Town will make no payment to the Contractor for any extra material or services, or of any greater amount of money than stipulated as compensation in the Contract, unless some changes in or additions to the Contract requiring additional outlay by the Contractor shall first have been expressly authorized and ordered in writing by Contract amendment or otherwise furnished by the Procurement Official.

• PRICE REDUCTION —

  If at any time after the date of the bid the Contractor makes a general price reduction in the comparable price of any material covered by the Contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to this Contract for the duration of the Contract period (or until the price is further reduced). Such price reduction shall become effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (1) to Contractor's customers generally, or (2) in the Contractor's price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., that was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, is not considered a "general price reduction" under this provision. The Contractor shall submit his or her invoice at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the Contract documents. The Contractor in addition will, within ten days of any general price reduction, notify the Procurement Official of such reduction by letter. FAILURE TO DO SO MAY REQUIRE TERMINATION OF THE CONTRACT. Upon receipt of any such notice of a general price reduction, the Procurement Official will duly notify all ordering offices.

  The Contractor, if requested, shall furnish, within ten (10) days after the end of the Contract period, a statement certifying either (1) that no general price reduction, as defined above, was made after the date of the bid, or (2) if any such general price reductions were made, that as provided above, they were reported to the Procurement Official within ten (10) days and ordering offices were billed at the reduced prices. Where one or more such general price reductions were made, the statement furnished by the Contractor shall include, with respect to each price reduction, (1) the date when notice of any such reduction was issued, (2) the effective date of the reduction, and (3) the date when the Procurement Official was notified of any such reduction.

• CHANGES, ADDITIONS, DELETIONS —

  No changes, additions, deletions or substitutions of specifications, terms and conditions, quantity, unit of issue, delivery date, delivery charges, or price will be permitted without the prior written approval from the Purchasing Office of the Town of Herndon.

• PRICING ERRORS —

  In case of an error in price extension, the firm fixed unit price shall govern.

• ESTIMATED QUANTITIES/NON-EXCLUSIVITY OF CONTRACTOR —

  The Town does not guarantee any minimum or maximum quantities.  Quantities as specified are approximate and are prepared for the solicitation. The exact quantities are as stated at time of order placement.

• NON-LIABILITY —

  The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in the Procurement Official's opinion, are beyond the control of the Contractor. Under such circumstances, however, the Procurement Official may, at his or her discretion, cancel the Contract.

• TOWN RIGHTS —

  The Town reserves the right to accept or reject all or any part of bids/proposals, waive minor technicalities/informalities and award the contract to the bidder with the lowest total price or most qualified and best suited Offeror to best serve the interest of the Town.

• ANTI-TRUST —

  By entering into a contract, the Bidder/Offeror conveys, sells, assigns, and transfers to the Town of Herndon all rights, title and interest in and to all causes of the 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 goods or services purchased or acquired by the Town of Herndon under said contract.

  Consistent and continued tie bidding could cause rejection of bids by the Procurement Officer or designee and/or investigation for Anti-Trust violations.

• PROHIBITION AS SUBCONTRACTORS UNDER COMPETITIVE SEALED BIDDING —

  No Bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded, or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

• CONTRACT DOCUMENTS —

  The Contract entered into by the parties shall consist of those documents as listed on the cover sheet of this document.  This includes all addendums and contract modifications.

• MULTIPLE AWARDS —

  The Town reserves the right to award multiple contracts for all of the specified item(s) or service(s) to more than a single responsive and responsible bidder.

• ADDITIONS/DELETIONS —

  The Town reserves the right to add similar items/services or delete items/services specified in the resultant Contract as requirements change during the period of the Contract. The Town and the Contractor mutually agree to prices for items/services to be added to the Contract. Contract amendments will be issued for all additions or deletions.

• GENERAL GUARANTY —

  Contractor agrees to:

  1. Save the Town, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a Contract for which the Contractor is not the patentee, assignee, licensee or owner.
  2. Protect the Town against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.
  3. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other Contractors, for which his or her workers are responsible.
  4. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the Town.
  5. Protect the Town from loss or damage to Town owned property while it is in the custody of the Contractor.
• SERVICE CONTRACT GUARANTY —

  Contractor agrees to:

  1. Save the Town, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a Contract for which the Contractor is not the patentee, assignee, licensee or owner.
  2. Protect the Town against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.
  3. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other Contractors, for which his or her workers are responsible.
  4. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the Town.
  5. Protect the Town from loss or damage to the Town owned property while it is in the custody of the Contractor.
• INDEMNIFICATION —

  In addition to any other obligations of the Contractor under the Contract or otherwise, the Contractor shall indemnify and hold harmless the Town of Herndon, its officers, directors, members, partners, employees, agents, consultants and subcontractors from and against all claims, costs, losses, damages, and judgments (including, as permitted by law,  but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to or resulting from the performance or furnishing of the work of the Contract, provided that any such claim, action, loss, cost, judgment, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to, damage to or destruction of tangible property (other than the work of the Contract itself) including the loss of use resulting therefrom to the extent caused by any negligent acts, errors or omissions, recklessness or intentionally wrongful conduct in performance of the contract of the Contractor or any individual or entity directly or indirectly employed by any of them to perform any of the work of the Contract or anyone for whose acts any of them may be liable.

• OFFICIALS NOT TO BENEFIT —
  1. Each Bidder shall certify, upon signing a bid or proposal, that to the best of his or her knowledge, no Town official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this Contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the Contract made, or could affect payment pursuant to the terms of the Contract.
  2. Whenever there is reason to believe that a financial benefit of the sort described in paragraph a has been or will be received in connection with a bid, proposal or Contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, the Town Executive, as a prerequisite to payment pursuant to the Contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.
  3. In the event the Bidder or Offeror has knowledge of benefits as outlined above, this information should be submitted with the bid or proposal. If the above does not apply at time of award of Contract and becomes known after inception of a Contract, the Bidder or Offeror shall address the disclosure of such facts to the Town.
• COVENANT AGAINST CONTINGENT FEES —

  The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, the Town shall have the right to terminate or suspend this Contract without liability to the Town or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

• METHOD OF PAYMENT —

  For all transactions not made through a Town authorized credit card (purchase-card, p-card), the Town will provide an authorized purchase order. Upon satisfactory delivery of the merchandise and/or satisfactory completion of the services, the Contractor shall submit all invoices and statements with the referenced/associated purchase order number included to:

  TOWN OF HERNDON

  ACCOUNTS PAYABLE

  777 LYNN STREET

  HERNDON, VA 20170-4602

  or via email to accounts.payable@herndon-va.gov

  The prices and payments shall serve as full compensation for the labor, tools, equipment, transportation, overhead and all other incidentals necessary to complete the specified terms and conditions

• PAYMENT TERMS —

  Unless otherwise provided in the solicitation, payment will be made forty-five (45) days after receipt of a proper invoice, or forty-five (45) days after receipt of all goods or acceptance of work, whichever is the latter.

  1. Invoices for items/services ordered, delivered/performed and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/Contract. All invoices shall show the Contract number, purchase order number and any federal employer identification number.
  2. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however.
  3. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail.
• PAYMENT TO SUBCONTRACTORS —

  A Contractor awarded a Contract under this solicitation is hereby obligated:

  1. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the Contract; (or)
  2. To notify the Town and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the Contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in b above. The date of mailing of any payment by U.S. mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary Contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Town.
  3. The Contractor shall bill all goods or services provided under this contract or purchase order at the contract price, regardless of which Town Department is being billed.
  4. Unreasonable Charges. It may become difficult to determine final job costs, accurately, at the time orders are placed under certain emergency procurements and for most time and material purchases. In such cases, contractors are placed on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. The Town will research and challenge charges that appear as unreasonable and will hold that portion of the invoice in abeyance until a settlement is reached. Upon determining that invoiced charges are not reasonable, the Town shall promptly notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement is not reached within thirty (30) days of notification. The provisions of this section do not relieve the Town of its prompt payment obligations with respect to those charges that are not in dispute (Code of Virginia, § 2.2-4363).
• PAYMENT —

  Payment shall be made after satisfactory performance of the Contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. The Town reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provision of the Contract or any modifications thereto.

• PARTIAL PAYMENTS —

  Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date. However, up to 5 percent (5%) of the value of the entire order may be retained until completion of Contract.

• PROMPT PAYMENT DISCOUNT —
  1. Unless otherwise specified in the solicitation, prompt payment discounts requiring payment in less than fifteen (15) days will not be considered in evaluating a bid for award. However, even though not considered in the evaluation, such discounts will be taken if payment is to be made within the discount period.
  2. In connection with any discount offered, time will be computed from the date of delivery of the supplies to the carrier when or, from date correct invoice or voucher is received in the office specified by the Town, if the latter is later than the date of acceptance. In the event the Bidder does not indicate a prompt payment discount, it shall be construed to mean NET 45 days. For the purpose of earning the discount, payment is deemed to be made as of the date of mailing of the Town check.
• ANTI-DISCRIMINATION —

  By submitting their bids/proposals, Bidders/Offerors certify to the Town that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. 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 recipients 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.

  In every contract over $10,000.00 the provision in 1 and 2 shall apply:

  1. During the performance of this contract, the contractor agrees as follows:
     1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.  The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
     2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
     3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to the purpose of meeting the requirements of this section.
  2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.
• APPLICABLE LAWS AND COURTS —

  Any Town contract is governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall be responsible for compliance with all the laws of the Commonwealth of Virginia, all ordinances and regulations of the Town of Herndon and such other standards, codes, and regulations having application to the work involved. The Contractor shall be responsible for securing all approvals and permits including occupancy and paying all charges bearing on the design and construction of a project. All permits shall be filed in the name of the Town of Herndon and shall be coordinated through the Director of Public Works.

• DEFAULT —

  In case of failure to deliver goods and/or services in accordance with the contract terms and conditions, the Town of Herndon, after due written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy is in addition to any other remedies which the Town of Herndon may have.

• ASSIGNMENT OF CONTRACT —

  Neither party shall assign contract without the prior written consent of the other party nor shall any contract be entered into or assigned to any party that is debarred from doing business with or in the Commonwealth of Virginia.

• VALID CONTRACT —

  In order to validate any contract document entered into with the Town of Herndon, an authorized person as defined by the Town's Procurement Ordinance and Regulations shall execute it.

• 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 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 void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.  See Virginia State Corporate Commission website to register.

• PRECEDENCE OF TERMS —

  The following General Terms and Conditions, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, CLARIFICATION OF TERMS, PAYMENT 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.

• QUALIFICATIONS OF (BIDDERS/OFFERORS) —

  The Town of Herndon may make such reasonable investigations as deemed proper and necessary to determine the ability of the (Bidders/Offerors) to perform the services/furnish the goods and the (Bidder/Offeror) shall furnish to the Town all such information and data for this purpose as is requested. The Town reserves the right to inspect (Bidder’s/Offeror’s) physical facilities prior to award to satisfy questions regarding the (Bidder’s/Offeror’s) capabilities. The Town further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (Bidder/Offeror) fails to satisfy the Town that such (Bidder/Offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

• AVAILABILITY OF FUNDS —

  It is understood and agreed between the parties herein that the Town shall is bound hereunder only to the extent of the funds available or that may hereafter become available for the purpose of this agreement.

• GUARANTEE OF WORK —

  Notwithstanding any other provisions of this contract, the Town of Herndon does not guarantee or make any assurance that any services/work or any particular volume of services/work will be ordered from the Contractor/s under this contract.

• BID PRICE CURRENCY —

  Unless stated otherwise in the solicitation, Bidders/Offerors shall state bid/offer prices in U.S. dollars.

• DRUG-FREE WORKPLACE —

  During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

• IMMIGRATION REFORM AND CONTROL ACT OF 1986 —

  By entering into a written contract with the Town of Herndon, the Contractor certifies that it does not and will not during the performance of this Contract violate (i) the provisions of the Federal Immigration Reform and Control Act of 1986, as amended and §40.1-11.1, Code of Virginia, which prohibits the employment of illegal aliens and (ii) the provisions of Federal and State employment and wage hour laws. The Contractor shall include and enforce the language in the last sentence in every subcontract issued under this Contract and shall require the subcontractor to do the same.

• VIRGINIA FREEDOM OF INFORMATION ACT —

  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 except as provided below:

  1. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.
  2. Any competitive sealed bidding 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 Town 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 competitive negotiation Offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the Town decides not to accept any of the proposals and to reopen the Contract. Otherwise, proposal records shall be open to the public inspection only after award of the Contract except as provided in paragraph "c" below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.
  3. Trade secrets or proprietary information submitted by a Bidder, Offeror or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to the prequalification process identified in the Special Provisions, shall not be subject to the Virginia Freedom of Information Act; however, the Bidder or Offeror will submit proprietary information under separate cover. Offeror or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. Bidders shall not mark sections of their bid as proprietary if they are to be part of the award of the Contract and are of a "Material" nature. The Town reserves the right to submit such information to its Town Attorney for concurrence of the Offeror's claim that it is in fact proprietary. References may be made within the body of the proposal to the proprietary information; however, all information contained within the body of the proposal shall be "public information" in accordance with State statutes.
  4. Nothing contained in this section shall be construed to require the Town, when procuring by "competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to the Town.
• INELIGIBILITY —
  1. Any person or firm suspended or debarred from participation in Town procurement shall be notified in writing by the Procurement Official.
     1. The Notice of Suspension shall state the reasons for the actions taken and such decision shall be final unless the person or firm appeals within thirty (30) days of receipt of the Notice by instituting legal action as provided in the Code of Virginia.
     2. The Notice of Debarment shall state the reasons for the actions taken and the decision shall be final unless the person or firm appeals within thirty (30) days of receipt of the notice by instituting legal action as provided in the Code of Virginia.
  2. The Procurement Official shall have the authority to suspend or debar a person or firm from bidding on any Contract for the causes stated below:
     1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private Contract or subcontract, or in the performance of such Contract or subcontract;
     2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a Town Contractor;
     3. Conviction under the state or federal antitrust statutes arising out of the submission of bids or proposals;
  3. Violation of Contract provisions, as set forth below, of a character which is regarded by the Procurement Official to be so serious as to justify suspension or debarment action:
     1. failure without good cause to perform in accordance with the specifications or within the time limit provided in the Contract; or
     2. a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more Contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the Contractor shall not be considered to be a basis for suspension or debarment;
     3. Any other cause the Procurement Official determines to be so serious and compelling as to affect responsibility as a Contractor, such as debarment by another governmental entity for any cause listed herein, or because of prior reprimands;
     4. The Contractor has abandoned performance or been terminated for default on any other the Town project.
• NEGOTIATION WITH LOWEST BIDDER —

  Unless all bids are cancelled or rejected, the Town reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the department’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds that were budgeted by the department for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications proposed for performance under the contract. The procurement agency shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the department wishes to negotiate a lower contract price. Both parties shall agree on the times, places, and manner of negotiating by the department and the lowest responsive, responsible bidder.

• SUBCONTRACTS —

  The Contractor shall not subcontract any portion of the work without prior written consent of the purchasing agency. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements

  Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids on all solicitations issued by Town of Herndon will bind Bidders to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

• USE OF PREMISES AND REMOVAL OF DEBRIS —
  1. The Contractor shall:
     1. Perform his contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any contractor;
     2. Store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractor; and
     3. Place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.
  2. The Contractor expressly undertakes, either directly or through his subcontractor(s), to effect all cutting, filling, or patching of his work required to make the same conform to the drawings and specifications, and, except with the consent of the owner, not to cut or otherwise alter the work of any other contractor. The Contractor shall not damage or endanger any portion of the work or premises, including existing improvements, unless called for by the contract.
  3. The Contractor expressly undertakes, either directly or through his subcontractor(s), to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed work nor buried on the building site but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law
• AUDIT —

  The Contractor shall retain all books, records and other documents relative to this Contract for five (5) years after final payment, or until audited of Town, whichever is sooner. The Town shall have full access to and the right to examine any of said materials during said period.

• CONFIDENTIALITY —

  The Contractor acknowledges and understands that its employees may have access to proprietary, business information, or other confidential information belonging to the Town. Therefore, except as required by law, the Contractor agrees that its employees will not:

  1. Access or attempt to access data that is unrelated to their job duties or authorizations as related to this Contract.
  2. Access or attempt to access information beyond their stated authorization.
  3. Disclose to any other person or allow any other person access to any information related to the Town or any of its facilities or any other user of this Contract that is proprietary or confidential. Disclosure of information includes, but is not limited to, verbal discussions, FAX transmissions, electronic mail messages, voice mail communication, written documentation, “loaning” computer access codes and/or another transmission or sharing of data.

  The Contractor understands that the Town, or others may suffer irreparable harm by disclosure of proprietary or confidential information and that the Town may seek legal remedies available to it should such disclosure occur. Further, the Contractor understands that violations of this provision may result in Contract termination.

  The Contractor further understands that information and data obtained during the performance of this agreement shall be considered confidential, during and following the term of this Contract, and will not be divulged without the Procurement Official’s written consent and then only in strict accordance with prevailing laws. The Contractor shall hold all information provided by the Town as proprietary and confidential and shall make no unauthorized reproduction or distribution of such material.

• PROCUREMENT OF IMPORTED GOODS; FORCED AND INDENTURED CHILD LABOR PROHIBITION —

  Contractor agrees that the use of forced or indentured child labor is prohibited in the performance of all contracts for goods or services that exceed $10,000. Contractor shall include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

• VENUE —

  This contract and its terms, including, but not limited to, the parties’ obligations under it, the performance due from each party under it, and the remedies available to each party for breach of it, shall be governed by, construed and interpreted in accordance with the laws of the Commonwealth of Virginia. Any jurisdiction’s choice of law, conflict of laws, rules, or provisions, including those of the Commonwealth of Virginia that would cause the application of any laws other than those of the Commonwealth of Virginia shall not apply.  Any and all disputes, claims and causes of action arising out of or in connection with this contract or any performance hereunder, shall be brought in the Commonwealth Courts of Fairfax County, Virginia, or in the United States District Court, Eastern District of Virginia, Alexandria Division.

   

Submission Requirements

• Bidder's Representations (required) —

  By submitting this bid, bidder certifies, acknowledges, understands and agrees to be bound by the conditions set forth in the contents of the bid including the General Terms and Conditions.

• Primary Contact (required) —

  Please provide the following information for the main contact for all communication regarding this solicitation:

  Name:

  Title:

  Phone Number:

  Email Address:

• Secondary Contact - Optional —

  Please provide the following information for the main contact for all communication regarding this solicitation:

  Name:

  Title:

  Phone Number:

  Email Address:

• Bid Form - PDF Version - Signature Required (required) —

  Please download the below document, complete, and upload.

Questions & Answers