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APPENDIX A
LANCASTER COUNTY
BID OR PROPOSAL CONDITIONS
IMPORTANT! READ CAREFULLY BEFORE MAKING BID!
1.
A bidder may withdraw or cancel a bid or proposal at any time prior to the date set for
opening. After such time, the bidder may not withdraw for a period of sixty calendar
days. Any bidder may be required to clarify his bid or acknowledge by written
confirmation that the minimum requirements of the request for proposal are included in
the bidder's proposal.
2.
Any invitation to bid, a request for proposal, any other solicitation or any and all bids or
proposals may be canceled or rejected when it is determined that it is in the best interest
of the County to do so. The reasons therefor shall be made a part of the contract file.
Any bid which is incomplete, conditional, obscure, or which is not in conformance with
the specifications may be rejected, or any such irregularities may be waived at the option
of the County.
3.
If more than one bid or proposal received is for the same total amount or unit price,
quality and service being equal, the tie bidders shall be invited to resubmit written bids
below the original bid and the award shall be made to the bidder with the lowest price.
4.
If the lowest acceptable bid exceeds available funds, the County may negotiate with the
bidder to obtain a contract price within available funds. The negotiations shall be
confined to a reduction in the contract price and shall not deal with changes in the
contract requirements.
5.
Except in the case of an emergency affecting the public health safety or welfare, no
contract shall be awarded on the basis of cost plus a percentage of cost. This paragraph
shall not apply to contracts of insurance. Public contracts may be awarded on any other
basis.
6.
No contract other than one for the professional services of an accountant, architect, land
surveyor, landscape architect, attorney, doctor of medicine or optometry or professional
engineer, shall be awarded for a period in excess of three years.
7.
With the following exceptions procurement documents are subject to the Virginia
Freedom of Information Act:
A.
Cost estimates relating to a proposed procurement transaction prepared by or for
the County shall not be opened to public inspection.
B.
Bid and proposal records shall be opened to public inspection only after award of
the contract. Any bidder or offerer may be allowed to inspect the bid or proposal
records prior to award unless the County decides not to accept any bids and to
reopen the contract.
C.
Trade secrets or proprietary information submitted to the County are not subject
to disclosure if requested by the person submitting such information. Any such
request must identify what is to be protected and state the reasons therefor.
8.
Any bidder or offerer submitting a proposal to the County subjects himself to the decision
of the administrator or the public body as to the quality of what is offered, responsiveness
of the bid, responsibleness of the bidder, and the qualifications of any offerer. The
administrator or the public body, as the case may be, in their sole discretion will evaluate
bids or proposals and in all cases the decision made shall be final. Every offerer
submitting a bid or proposal agrees to abide by the decisions of such officials as a
condition precedent to the submission of the bid.
9.
The County does not accept the responsibility for maintaining a bid list and will not
accept the responsibility for the failure of any competitor to receive a solicitation directly
from the County.
10.
Once invitations to bid or requests for proposal have been advertised, should a
prospective bidder find any discrepancy in or omissions from the specifications, requests
for proposal, or other contract documents, or should he be in doubt as to their meaning,
he shall at once notify the specified contact person who will send written instructions to
all bidders. The County will not be responsible for any oral instructions.
11.
The provisions of Sections 2.2-4305, 2.2-4315, 2.2-4311, 2.2-4312, 2.2-4330, 2.2-4333
through 2.2-4338, 2.2-4340, 2.2-4341, 2.2-4363, and 2.2-4367 through 2.2-4377 of the
Code of Virginia of 1950 are incorporated into these conditions by reference as fully as if
set forth herein.
12.
The administrator may at his sole discretion require a bid, performance or payment bond
in any procurement solicitation. The requirement for such bond shall be clearly stated in
the bid documents.
13.
By submitting a bid or proposal, the offerer agrees and warrants that he has examined all
the contract documents and, if appropriate, the subject of the contract and where the
specifications require a given result to be produced, that the specifications are adequate
and the required results can be produced under the specifications in the contract.
Omissions from the specifications shall not relieve the offerer from the responsibility of
complying with the general terms of the contract as indicated by the specifications. Once
the award has been made, failure to have read all the conditions, instructions and
specifications of the contract will not be a cause to alter the original contract or proposal
or for the offerer to request additional compensation.
14.
The firm, corporate or individual name of the bidder or proposer must be signed in ink in
the space provided for the signature on the page following these conditions. In the case
of a corporation the title of the officer signing must be stated and each officer must be
thereunto duly authorized. In the case of a partnership, the signature of at least one of the
partners must follow the firm name using the term "member of the firm."
15.
Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, in all invitations to bid,
requests for proposals, contracts, and purchase orders, the County does not discriminate
against faith-based organizations.
16.
Pursuant to an invitation to bid, the project will be awarded to the lowest responsive and
responsible bidder, as those concepts are defined in Section 2.2-4301 of the Code of
Virginia of 1950. When competitive sealed bidding is used the following factors shall be
considered in addition to price when determining the lowest responsive and responsible
bidder:
A.
The ability, capacity and skill of the bidder to perform the contract or provide the
services required;
B.
Whether the bidder can perform the contract or provide the service promptly, or
within the time specified, without delay or interference;
C.
The character, integrity, reputation, judgment, experience, and efficiency of the
bidder;
D.
The quality of performance of previous contracts or services;
E.
The previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service;
F.
The sufficiency of financial resources and ability of the bidder to perform the
contract or provide the service.
G.
The quality, availability and adaptability of the goods or services to the particular
use required;
H.
The ability of the bidder to perform future maintenance and service for use of the
subject of the contract;
I.
The number and scope of conditions attached to the bid; and
J.
Any other condition or criteria included in the request for bids or the instructions
to bidders.
17.
Pursuant to a request for proposal, when competitive negotiation is the method of
procurement, the following factors shall be considered in a descending order of
importance in determining the most qualified firm or individual:
A.
Any special qualifications or requirements set forth in the proposal documents.
B.
Qualifications of the project manager and project teams.
C.
Overall qualifications and experience of firm and any subcontractor to be used.
D.
Quality of the content of the proposal and its responsiveness to the request for
proposal.
E.
The sufficiency of financial resources and ability of the bidder to perform the
contract or provide the services.
F.
The location of the office that will have the responsibility for providing the
services and the ability of the proposer to respond quickly to requests or
requirements of the County.
G.
Financial ability of the firm to perform future maintenance and service for use of
the subject of the contract.
H.
Cost estimates (which may or may not be required at the time of submission of
the proposal, depending upon the circumstances.)
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