Outdoor Holiday Garland

The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods described herein and bids will be received via the City’s e-Procurement Portal, OpenGov Procurement (https://secure.procurenow.com/portal/nnva), to be received no later than Friday, May 1, 2026 at 3:00 pm (local prevailing time).

The purpose of this Request for Quotes (RFQ) is to solicit quotes to furnish/provide outdoor holiday garland.

Project Details

• Reference ID: 26-3558-5600
• Department: Office of Purchasing
• Department Head: Gary Sightler (Purchasing Agent)

Important Dates

• Questions Due: 2026-04-27T17:00:00.000Z

Evaluation Criteria

• Pre-Quote and Quote Submission Requirements —
  1. Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Request for Quotes (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Bidder is ineligible for award.
  2. All quotes shall be submitted via the City’s e-Procurement Portal, OpenGov Procurement and be received no later than Friday, May 1, 2026 at 3:00 pm. Fax and Email transmittals will not be considered. Quotes cannot be submitted after the due date and time noted above. Failure to return required documents and information specified herein may result in a determination that the quote will not be considered for award.
  3. A Notice of Award will be posted in OpenGov Procurement once an award has been made.
  4. All quotes shall be submitted in accordance with this Request for Quotes. The Bidder may attach any additional information with the quote, in the space provided.
  5. All quotes must be submitted by an officer or employee having the authority to sign on behalf of the firm.
  6. Failure to provide a quote from an authorized representative shall be cause for rejection of the quote.
  7. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the City. All deliveries shall be F.O.B. Destination.
  8. The Terms, Conditions and Specifications in this Request for Quotes shall supersede any terms and conditions offered by the Bidder. Any additional conditions that a Bidder intends to be considered must be submitted with the quote and be noted as an exception, however, exceptions may result in the quote being determined non-responsive. All Terms, Conditions and Specifications will be incorporated by reference and be part of the contract following award.
  9. Failure to use the forms provided may be cause for rejection of the quote.

  10. The viability and accessibility of the Bidder’s submitted attachments is entirely the responsibility of the Bidder. Attachments that are not accessible cannot be considered during the review and evaluation of the bid, which may result in that bid being determined non-responsive and not being further considered for award.

  11. Each quote shall be submitted with the understanding that, upon acceptance by the City, the Bidder shall furnish any or all of the goods and/or services described herein. The accepted quote shall constitute a contract between the Bidder and the City and shall bind the Bidder to furnish and deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions and Specifications of the Request for Quotes and quote. The City shall order the goods and/or services from the Bidder at the stated prices except for reasons beyond reasonable control, including but not limited to, availability of funds and the Contractor’s inability to deliver goods or services within the required timeframe.
  12. Submission of a quote is not to be construed as an award or an order to ship.
  13. A quote by the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the quote. Suspension or debarment may disqualify the Bidder from award of a contract.
  14. Bidders have the right to request withdrawal of their quotes from consideration due to error by giving written notice not later than two business days after quotes are opened. Work papers showing evidence of error(s) may be required.
• Summary —

  The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods described herein and bids will be received via the City’s e-Procurement Portal, OpenGov Procurement (https://secure.procurenow.com/portal/nnva), to be received no later than Friday, May 1, 2026 at 3:00 pm (local prevailing time).

  The purpose of this Request for Quotes (RFQ) is to solicit quotes to furnish/provide outdoor holiday garland.

   

• Federal Terms and Conditions —

  Pursuant to 2. C.F.R § 200.326. the following provisions and certifications shall apply when the City utilizes federal funds to purchase goods or services resulting from this solicitation.  These provisions are in addition to other Terms and Conditions contained in this solicitation.

  [Include the name of the federal agency where funds are utilized.   If not known…… state that it is TBD]

• Detailed Specifications —

  The holiday garland shall meet the following specifications:

  Material: The garland shall be made of durable, weather-resistant materials suitable for outdoor use. Acceptable materials include PVC, PE, or a combination of both. The garland should be UV-resistant to prevent fading and deterioration.

  Length: Each strand of garland shall be available in lengths of 10 feet or 20 feet to accommodate various installation needs.

  Thickness: The garland shall have a thickness of 14 inches in diameter to ensure a full and lush appearance.

  Color: The garland shall have different color options including icy blue, gold, silver & white. The color shall be consistent throughout the entire length of the garland.

  Lighting: The garland shall come pre-lit with energy-efficient LED lights. The lights shall be warm white in color and evenly distributed along the length of the garland.

  Connectors: The garland shall include daisy chain to allow multiple strands to be connected together seamlessly. The connectors shall be weatherproof and easy to use.

  Fire Resistance: The garland shall be fire-resistant and meet all relevant safety standards, including UL 588 for seasonal and holiday decorative products.

  Accessories: The garland shall come with necessary installation accessories, such as hooks, ties, or clips, to facilitate easy and secure installation.

  Additional Decorations: The additional decorations shall be shatter proof ball ornaments with color options including icy blue, gold, silver & white.

  Customization: The Contractor shall offer customization options, such as additional decorations (e.g., bows, ornaments) or specific color schemes, to meet the City's unique holiday decor requirements.

   

• Termination for Convenience and Termination for Cause —

  Refer to Standard Terms and Conditions for these applicable provisions.

• Addenda —

  Changes or supplemental instructions to this Request for Quotes will be posted online with this solicitation. It is the Bidder's responsibility to check for addenda prior to the quote due date and time to ensure that all Addenda are received. Addenda shall be posted on the City's e-Procurement Portal, OpenGov Procurement and Addenda notifications will be sent via email to all persons on record who are following this RFQ on OpenGov Procurement.

  All Bidders shall acknowledge receipt of Addenda with the quote. Acknowledgement of all Addenda shall be completed in OpenGov Procurement. If all Addenda are not acknowledged, the quote may not be accepted and be deemed non-responsive.

• Service Requirements —

  The Contractor shall provide the following services:

  Technical Support: The Contractor shall provide technical support to address any issues related to the garland, including installation guidance, troubleshooting lighting problems, and replacement of defective components.

   

• Award —
  1. Award will be made to the lowest responsive and responsible Bidder (reference Method of Award provision contained herein). The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of previous contracts, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exceptions noted will be taken into consideration in making an award.
  2. The City may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall provide the City information and data for this purpose. The City may inspect physical facilities if deemed necessary. The results of investigations and inspections may result in rejection of the quote. In addition, the City reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications.
  3. The City reserves the right to reject any quote in whole or in part and to delete items before making an award when the City determines that any of the quote prices are significantly unbalanced to the potential detriment of the City and for other reasons when in the City’s best interest.
  4. The City reserves the right to waive any informality if it is determined to be in the best interest of the City.
  5. In the event of an error or inconsistency between the unit price(s) and the extension of prices, the unit price(s) shall govern.
  6. If the quote from the lowest responsive and responsible Bidder exceeds available funds, the Purchasing Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available funds.
  7. A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award as indicated in the Code of the City of Newport News Section 2-576.3. No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent.
  8. The Administrative Appeals Procedure is posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources. This procedure shall be used for hearing protests of a decision to award or an award, appeals from refusal to allow withdrawal of quotes, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract.
• Equal Employment Opportunity —

  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, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
  2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
  3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
  4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
  6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
  7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
  8. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
• Timeline —

  Release Project Date:	April 23, 2026
  Question Submission Deadline:	April 27, 2026, 1:00pm
  Bid Submission Deadline:	May 1, 2026, 3:00pm

• Compliance with the Davis-Bacon Act —

  When required by Federal Program legislation, the following contract provisions apply to a construction related contract.  

  1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
  2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
  3. Additionally, Contractors are required to pay wages not less than once a week.
• Termination for Cause —

  In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.

  The City may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

  In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

• Delivery Requirements —

  The Contractor shall adhere to the following delivery requirements:

  Delivery Schedule: The garland shall be delivered no later than November 15, 2026 to ensure timely installation for the event. The Contractor should provide an estimated delivery timeline upon order confirmation.

  Packaging: The garland should be securely packaged to prevent damage during transit. Each package should be clearly labeled with the product description, length, and quantity.

  Delivery Location: The garland shall be delivered to the City of Newport News Parks and Recreation Department, located at 700 Town Center Drive, Newport News, VA 23606. The Contractor should coordinate with the designated city representative to arrange a convenient delivery time.

  Inspection and Acceptance: Upon delivery, the garland will be inspected by city personnel to ensure it meets the specified standards and requirements. Any damaged or non-compliant items shall be replaced by the Contractor at no additional cost to the city.

• Contact Information —

  Project Contact:

  Natalie Minton

  Procurement Services Specialist

  2400 Washington Avenue

  Newport News, VA 23607

  Email: mintonnm@nnva.gov

  Phone: (757) 926-8028

• Byrd Anti-Lobbying Amendment —

  When applicable, Bidder/Offeror shall sign and submit the Certification contained in the Questionnaire section of this solicitation.

  1. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
• Force Majeure —

  If the parties are unable to perform or are delayed in the performance of its obligations due to acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or any other cause which is not reasonably foreseeable and which is beyond that Contractor’s control, then provided that Contractor shall have delivered written notice to the City of the cause of the nonperformance within five (5) business days of the initiation of the delay, then such nonperformance shall not be an event of default under a contract resulting from this solicitation and the performance shall be resumed at the earliest practicable time after cessation of such interruption. If notice is provided within the manner and timeframe set forth herein, the time for performance of the obligations hereunder shall be extended for the period of the forced delay.

• Independent Contractor —

  The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the City.

• Compliance with the Copeland “Anti-Kickback” Act —

  When required by Federal Program legislation the following contract provision shall apply to a construction or repair contract.  

  1. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
  2. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal grantor agency including FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
  3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
• Compliance with the Contract Work Hours and Safety Standards Act —

  When required by Federal Program legislation, the following contract provision apply to construction contracts that includes mechanics and laborers.

  1. Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
  2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
  3. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section.
  4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section.
• Purchase Order Terms and Conditions —

  The attached Terms and Conditions shall apply to this purchase.

• Questions —

  Questions regarding this Request for Quotes (RFQ) must be submitted in writing through the OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Monday, April 27, 2026 by 1:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.

• Clean Air Act and the Federal Water Pollution Act —

  When required by Federal Program legislation, the following contract provision apply to contracts in excess of $150,000.

  1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
  2. The Contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
  3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal grantor agency, including FEMA.

  Federal Water Pollution Control Act 

  1. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
  2. The Contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
  3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal grantor agency, including FEMA.
• Debarment and Suspension —
  1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
  2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
  3. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
  4. The Bidder/Offeror agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder/Offeror or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
• Site Visit —

  A site visit is scheduled related to this RFQ on NO VALUE, NO VALUE at:

  NO VALUE

• Contractor Qualifications —

  Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

• Procurement of Recovered Materials —
  1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 
     • Competitively within a timeframe providing for compliance with the contract performance schedule; 
     • Meeting contract performance requirements; or 
     • At a reasonable price.
  2. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
  3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
• Method of Award —

  The City will make a Single Award, based on the Total Quote to the lowest responsive and responsible Bidder.

• Buy America —

  To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, Bidder/Offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

• Rights to Inventions Made Under a Contract or Agreement —
  1. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
  2. When federal funds are expended by the City, the Bidder/Offeror certifies that during the term of an award for all contracts resulting from this solicitation, the Bidder/Offeror agrees to comply with all applicable requirements of this section.
• Contract/Agreement —

  Issuance of a Purchase Order shall constitute the contract.

• Additional Provisions —
  1. Access to Records. The following access to records requirements apply to this contract:
     1. The Contractor agrees to provide the City, Federal grantor agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
     2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
     3. For FEMA related contracts, the Contractor agrees to provide the FEMA Administrator or U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042 Page 23 of 25 www.fema.gov/procurement-disaster-assistance-team To Table of Contents his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
     4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the federal grantor agency, including the FEMA Administrator or the Comptroller General of the United States.
  2. Amendments/Modifications.    The parties may amend this Agreement any time, in writing, by mutual agreement.  The City Manager or her designee may execute such amendments on behalf of City.   No contract which has been approved by the city council, the city manager, or his designee, may be modified or changed by amendment, change order, or any other agreement without the prior approval of the city council, the city manager, or his designee, unless (I) such modifications, in the aggregate, do not increase the amount of the contract by more than twenty-five (25) percent of the original amount of the contract or fifty thousand dollars ($50,000.00), whichever is greater, (ii) such changes are the result of unforeseen circumstances or changed conditions encountered during the progress of the performance of the contract, and (iii) such changes are directly related to the performance of the purpose of the contract.
  3. Department of Homeland Security (DHS) Seal Logo and Flags. To the extent that purchases are related to  DHS or Federal Emergency Management Agency (FEMA), the Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific (FEMA) or federal grantor agency pre-approval.
  4. Compliance with Federal Law, Regulation and Executive Orders.  The Contractor will comply with all applicable Federal law, regulations, executive orders and the federal grantor agency, including FEMA, policies, procedures, and directives.”
  5. No Obligation by Federal Government.  The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.
  6. Program Fraud and False or Fraudulent Statements or Related Acts.  The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
• Delivery of Goods/Services —

  The time of proposed delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the Bidder shall so state in the bid.

  Deliveries shall be made between the hours of 8:00am to 5:00pm. Monday through Friday, excluding City holidays and be made to: City of Newport News Parks and Recreation Department, 700 Town Center Drive, Newport News VA 23606.

  Delivery tickets shall show quantity, description, unit price, total price, purchase order number and release number.

• Method of Ordering —

  Receipt of a Purchase Order constitutes the authorization to provide the goods or services specified on the order.

• Quantities —

  Actual quantities purchased may be more or less than those specified. Upon mutual agreement, the City reserves the right to purchase additional quantities of goods or services at the contract price within six months of the date of initial award.

• Invoicing and Payment —

  Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, and Newport News, VA 23607, accountspayable@nnva.gov. No service fees or additional costs will be paid by the City during the term of the contract unless allowed in the contract.
  
  Payment will be authorized following receipt of a valid invoice which must minimally include the Purchase Order Number, Purchase Order Line Item Number(s), Description of Goods and Services, Delivery Date(s) of Goods or Services, Unit Prices and Total Price. Invoices may be submitted following delivery of goods.

• Equipment —

  Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

• Product Availability and Substitution —

  Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Office of Purchasing. The City may require, at its discretion, the Contractor provide a substitute item of equivalent or better quality subject to the approval for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the Contractor.

• Samples —

  Samples shall be furnished free of charge within the time specified by the Office of Purchasing. Upon request, samples will be returned to the Bidder (at the Bidder’s risk and expense). Samples will be properly disposed of by the City if not returned to the Bidder.

• Ownership of Materials, Data, and Documentation —

  Ownership of materials, data and documentation prepared or created pursuant to the contract that results from this solicitation, shall belong exclusively to the City.  Such materials, data and documentation, whether completed or not, shall be the property of the City. The Contractor shall not use these materials, data or documentation on any other work without the express written consent of the City.  

  All artwork, camera-ready copy, negatives, dies, photos and similar materials shall become the property of the City. Any furnished materials shall remain the property of the City. All such items and materials shall be delivered to the City in usable condition after completion of the work and prior to submission of the invoice for payment. 

• Descriptive/Literature —

  Standard Language but may edited for specific information required [Safety Data Sheets required for chemical/compounds only]:A complete set of descriptive literature [and/or] Safety Data Sheets shall be furnished with bid. Failure to do so may be sufficient cause for rejection of the bid.

• Substitutions/Alternates —
  1. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand, make or catalog designation in specifying an item does not restrict Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which quotes are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting quotes on goods and/or services other than as specified, Bidder shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish.
  2. Consideration will be given to quotes submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the City. If the Bidder does not indicate that the goods and/or services he proposes to furnish are other than specified, it will be construed to mean that the Bidder proposes to furnish the exact goods and/or services described.
• Warranty —

  The Contractor warrants the goods/services furnished to be of the highest quality and to be free from defects for a minimum period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. As applicable, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the City. The most favorable warranty the Contractor provides other customers, if better than the warranty requirement stated herein, shall be extended to the City.

Submission Requirements

• Primary Contact (required) —

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

  Name
  Title
  Phone Number
  Email Address

• Payment Address (required) —

  Please provide the payment address for your organization.

• Employer Identification Number (required) —

  Please provide the Employer Identification Number (EIN). If an EIN is not available, please provide the Social Security Number associated with your organization.

• Delivery (required) —

  Bidders MUST insert a definitive time frame IN CALENDAR DAYS, within which delivery will be made after receipt of order (ARO). Delivery in ________ days.

• Warranty (required) —

  State of the warranty for goods/services.

  If no warranty is provided, please type "N/A".

• Payment Terms —

  Please provide the payment terms for this project. If payment terms are not provided, then the terms shall be "Net 30 Days".

• W-9 (required) —

  Please upload a completed copy of the W-9 for your organization.

• Byrd Anti-Lobbying Amendment (required) —

  Please download the below documents, complete, and upload.

• Federal Terms and Conditions (required) —

  Offeror hereby agrees to comply with all applicable Federal Terms and Conditions, if awarded a contract by the City.

• Supporting Documentation —

  Please submit any supporting documentation (i.e. descriptive literature, specifications, photographs, diagrams, etc.) that you would like to include with your quote.

• Small, Women-Owned, Minority-Owned (SWaM) and Service Disabled Veteran-Owned Business
• SWaM Status (required) —

  Please review the City's SWaM program. This document is provided for informational purposes only.

  A certified SWaM Business is one that holds a current certification from the Virginia Department of Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women’s Business Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other U.S. State and some Local Government Supplier Diversity Programs.

  Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged Business Enterprise?

• Certification Type —

  If applicable, what is your company’s certification type?

• Certification Information —

  If applicable, please provide the Certification Entity/Agency and the Certification Number(s).

• SWaM Certificate/Supporting Documentation —

  If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.

• Site Visit (required) —

  Will there be a site visit for this project?

• Method of Award (required) —

  What is the method of award resulting from this solicitation?

• Delivery (required) —

  Will there be a requirement of Delivery of Goods/Services for this project?

• Required Terms and Conditions (required) —

  Which of the following will be requirements of this project? Select all that apply.

• Federal Funding (required) —

  Will Federal funding be used to fund this project?

• Ownership of Materials, Data, and Documentation (required) —

  Might this solicitation require the Contractor to prepare or create any materials (printed or otherwise), data, or documentation on the City's behalf?