RICHMOND PUBLIC SCHOOLS · Richmond Public Schools Vendor’s Manual Rev. 05/17. 1. I....

RICHMOND PUBLIC

SCHOOLS

VENDOR’S

MANUAL

Division of Purchasing

2395 Hermitage Rd., Vatex Bldg.

Richmond, VA 23220

Richmond Public Schools Vendor’s Manual Rev. 05/17

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TABLE OF CONTENTS

I. Introduction ......................................................................................................1

Department of Purchasing..................................................................................1

II. Mission ..............................................................................................................1

III. Method of Procurement/Solicitation

1. Small Purchases ..........................................................................................2

2. Competitive Sealed Bidding .......................................................................2

3. Competitive Negotiations ...........................................................................2

a. Professional Services ...................................................................2

b. Other than Professional Services .................................................2

4. Sole Source .................................................................................................3

5. Emergency Purchases .................................................................................3

IV. Vendor Relations

1. Fundamental Purchasing Principles ............................................................3

2. Ethics...........................................................................................................4

3. Conflict of Interest ......................................................................................4

4. Employment Discrimination Prohibited .....................................................4

5. Office Hours................................................................................................4

6. Unscheduled Closure ..................................................................................4

V. General Requirements of Vendor

1. Vendor Relations .........................................................................................4

2. Visits ............................................................................................................5

3. Vendor Assistance to Richmond Public Schools .........................................5

VI. Solicitation

1. Selecting Vendors for Bidding Participation ...............................................6

2. Pre-Bid or Proposal Conference ..................................................................6

3. Receipt of Sealed Bids or Proposals ............................................................7

4. Mistakes in Bids .....................................................................................7 – 8

5. Withdrawal of Bids ................................................................................8 – 9

6. Late Bids or Proposals .................................................................................9

7. Bonds ...................................................................................................9 – 10

8. Insurance ....................................................................................................10

9. Brand Names or Approved Equal ..............................................................10

10. Specifications, Questions and Comments ...................................................11

11. Contractors Registration (License) .............................................................11

12. Bidders List .................................................................................................11

13. Posting Bid Notices...............................................................................11–12

14. Removal from Bidders List ...................................................................12–13

15. Vendor Performance Files ..........................................................................13

16. Procurement Complaint Form ……………………………………………13

17. Notice of Cure ……………………………………………………………14

18. Termination for Default ………………………………………………….14

19. Re-procurement Cost/Repayment ……………………………………….14

20. Debarment and Reinstatement …………………………………………..14

VII. Solicitation and Responses


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1. Vendor Name and Addresses .....................................................................15

2. Signature on Bid or Proposal .....................................................................15

3. Pricing and Discounts ................................................................................15

4. Alternate Bids ............................................................................................16

5. Taxes ..........................................................................................................16

6. Time of Performance .................................................................................16

VIII. Evaluation and Award

1. Contract Award ..........................................................................................17

2. Notification of Successful Vendor .............................................................17

IX. Performance

1. Delivery......................................................................................................17

2. Packing Slips/Delivery Tickets ..................................................................17

3. Loss or Damage in Transit .........................................................................18

4. Cancellation of Purchase Orders and Contracts .........................................18

5. Purchase Order Changes ............................................................................18

6. Termination for Default .............................................................................19

7. Termination for Convenience of Richmond Public Schools ……………19

X. Payments, Disputes, Claims, Appeals and Protest

1. Payments ....................................................................................................20

2. Disputes/Claims ………………………………………………………....20

3. Appeal ........................................................................................................20

4. Protest ....................................................................................................... 21

XI. Charges and Collection

1. Billing and Invoices ...................................................................................22

XII. Ethics ...............................................................................................................22

XIII. Terms and Conditions ...................................................................................22

XIV. Equal Opportunity and Minority Business Participation ..........................23


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I. INTRODUCTION

The purpose of this handbook is to assist vendors in understanding the

procurement polices and procedures of Richmond Public Schools.

The RPS Purchasing Department acts as a liaison between vendors and all RPS

schools and departments. The goal of the Purchasing Department is to provide

goods and services necessary to support the education of children, in the proper

quantity and quality, at the lowest possible cost to all RPS schools and

departments. Procurement activities are performed in accordance with applicable

RPS policies and Federal and State laws and regulations to ensure all vendors

have access to compete for RPS business.

PURCHASING DEPARTMENT

The following Purchasing Department staff and contact information is provided to

assist vendors in conducting business with RPS:

Staff Members Charles T. Ward, MBA, C.P.M. VCA,

Director of Purchasing and Property Management Phone:(804) 780-6090

Email: [email protected]

Melinda A. Williams, CPPM, CPPB, CPP, VCO

Sr. Purchasing Officer

Phone: (804) 780-6185


Davonia Holland, MBA,VCA

Purchasing Officer

Phone: (804) 780-6163


S. Nicole Henderson, MAML, CPHT, BSC

Purchasing Officer

Phone: (804) 780-6162


Alma Bell

Purchasing Officer

Phone: (804) 780-6161


II. MISSION

Purchasing’s mission is to guide and direct RPS in the procurement of high

quality goods and services at reasonable costs in support of the education of the

children in the school division, while promoting maximum feasible competition

and fairness, complying with legal and budgetary requirements, and maximizing

the value of taxpayer dollars.

Richmond Public Schools

Division of Purchasing 2395 Hermitage Rd, Vatex Building

Richmond, VA 23220

Phone: (804) 780-6110

Fax: (804) 780-6151

mailto:[email protected]






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III. METHODS OF PROCUREMENT/SOLICITATION

RPS uses five (5) primary methods of procurement when soliciting competition

for goods and services, as follows:

1. Small purchases, for the procurement of goods and services less than

$50,000 as set forth in the School Board Policies and Procedures, and the

Purchasing Manual.

2. Competitive sealed bidding, a formal process, used for the procurement

of goods or services with a dollar value of $50,000 or more [Virginia

Public Procurement Act § 2.2-4301]. Formal sealed bids are solicited

using a written Invitation For Bid.

3. Competitive negotiations, also a formal process, used for the

procurement of goods/services or insurance [Virginia Public

Procurement Act § 2.2-4301].

Services procured through competitive negotiations fall into two

categories [Virginia Public Procurement Act § 2.2-4303]:

a. Professional Services

All professional services will be procured through competitive

negotiations. Professional services include work performed by an

independent contractor within the scope of the practice of accounting,

actuarial services, architecture, land surveying, landscape architecture,

law, medicine, optometry, pharmacy or professional engineering.

b. Other than Professional Services

Solicitations for other than professional services expected not to

exceed $50,000 are issued using an Informal Request for proposal

(RFP). The Informal RFP process is the same process used for

Competitive Negotiations except the Informal RFP will not

require:

o Notice published in a newspaper of general circulation

o Notice posed for at least ten (10) calendar days prior to

closing

o Issuance of a “Notice of Intent to Award”

Competitive negotiations for other than professional services

expected to exceed $50,000 are solicited by a formal Request for

Proposal (RFP) upon written determination by Purchasing that

competitive sealed bidding is neither practicable nor fiscally

advantageous.

Formal RFP’s (competitive Negotiations) are posted in the Purchasing

Department, and published in a newspaper of general circulation at

least ten (10) days prior to the closing date.


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4. Sole source, used when “upon determination in writing that there is only

one source practicably available for that which is to be procured, a

contract may be negotiated and awarded to that source without

competitive sealed bidding”.

5. Emergency Purchases used in an emergency situation in which the

immediate public health safety, or welfare is involved, or the purchase is

required to protect or preserve public properties without delay.

IV. VENDOR RELATIONS

1. Fundamental Purchasing Principles

The intent of the Virginia General Assembly and the purpose of the

Virginia Public Procurement Act (VPPA), Code of Virginia, 1950 as

amended, is set forth in § 2.2-4300©. This section states:

To the end:

That public bodies in the Commonwealth obtain high quality

goods and services at reasonable cost,

That all procurement procedures be conducted in a fair and

impartial manner with avoidance of any impropriety or appearance

of impropriety,

That all qualified vendors have access to public business, and

That no offeror be arbitrarily or capriciously excluded.

It is the intent of the General Assembly:

That competition be sought to the maximum feasible degree,

That procurement procedures involve openness and administrative

efficiency,

That individual public bodies enjoy broad flexibility in fashioning

details of such competition,

That the rules governing contract awards be made clear in advance

of the competition,

That specifications reflect the procurement needs of the purchasing

body rather than being drawn to favor a particular vendor, and

That the purchaser and vendor freely exchange information

concerning what is sought to be procured and what is offered.


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2. Ethics

The ethical responsibilities of RPS employees and agents of RPS having responsibility for a procurement transaction are set out in Article 6 of the Virginia Public Procurement Act, Ethics in Public Contracting, §2.2-4367 through §2.2-4377. It will be the responsibility of the Purchasing Agent to assure that all procurement practices and transactions are within the framework and guidelines set forth by the School Board Policies and Procedures, Purchasing Authority and Procedures.

3. Conflict of Interest

Each bidder or offeror shall certify, upon signing a contract, that to the best of his or her knowledge no RPS official or employee having official responsibility for the procurement transaction, or a member of the bidder or offeror’s immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of a contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal. 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.

4. Employment Discrimination Prohibited

Virginia Public Procurement Act §2.2-4311 prohibits employment discrimination by contractors hired by RPS and requires that every RPS contract over ten thousand dollars ($10,000) include language to this effect.

5. Office Hours

RPS business hours are from 7:30 A.M. to 4:00 P.M., Monday through Friday, excluding RPS holidays. A listing of RPS holidays is available on the RPS website at www.rvaschools.net Summer hours as approved by the Board and Administration are June-August from 7:00 A.M. to 5:00

P.M.

6. Unscheduled Closure

In the event RPS declares administrative or liberal leave on a day of a scheduled bid opening or receipt of proposals, the bid opening or receipt of proposals deadline will be extended to the next business day.

V. GENERAL REQUIREMENTS OF VENDORS

1. Vendor Relations

http://www.richmond.k12.va.us/


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No vendor, agent, or sales representative may enter the schools to

advertise or sell goods or services to employees or students unless

otherwise provided herein. Any person/persons found soliciting goods or

services to students and employees in the schools or on school property

during school hours shall be subject to legal action.

Vendors are not permitted to make appointments with individual school

board employees without the permission of the principal and/or the

superintendent or his/her designee. No vendor will be permitted to

arrange demonstrations of products or services, take orders for goods or

services to be used for a trial period, take orders to be billed to the school

or the school division without prior authorization from the Superintendent

or his/her designee.

This does not prevent authorized representatives of firms regularly

supplying goods and services to the school division from having access to

the schools in the course of their regular routine business duties.

2. Visits

Sales representatives are a valuable resource for obtaining specifications

and information on product advancements. RPS values their visits, and

staff is available to discuss their ideas and concerns. However, the

Division of Purchasing recommends that sales representatives call for an

appointment to ensure the RPS buyer familiar with their product category

is available. Appointments with RPS staff may be scheduled Monday

through Friday on official business days from 8:00 a.m. to 3:30 p.m.

(804) 780-6110

3. Vendor Assistance to Richmond Public Schools

Vendor sales efforts of a consultative or advisory nature are encouraged.

They assist in keeping current with the latest state of the art technology

and materials and are a valuable source of information. The furnishing of

products or service information by a vendor is considered to be normal

sales effort and does not entitle the vendor to preferential treatment in the

awarding of contracts.

A vendor may offer, without compensation, assistance to RPS personnel in

developing specifications for a requirement and compete on that

requirement. The purchasing office may provide the specifications to

competing vendors for comment before issuing the solicitation.


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VI. SOLICITATIONS

1. Selecting Vendors for Bidding Participation

The Purchasing Department will access Excluded Parties List Systems'

(EPLS) website to obtain certification to ensure that a vendor has not been

debarred by the Federal Government. The Division of Purchasing

maintains an indexed, computerized Bidders’ Mailing List (see CIMS

menu option PUR.301L), from which a group of vendors is selected to

participate in the bidding process. A vendor may be placed on the mailing

list by completing an application form (see Exhibit VI-1). Purchasing

reserves the right to remove a vendor from the Bidders List for factors

listed under "Removal from Bidders List." If removed, the vendor will be

notified in writing.

The Bidder’s Mailing List Application contains sufficient classification

breakdowns to ensure that bidders who complete the application will

receive bids. It is the vendor's responsibility to notify Purchasing of an

address change or any goods/services classification. The Division of

Purchasing encourages maximum participation from minority-owned

businesses by sending all appropriate bids to these vendors and to agencies

that are associated with promoting such firms.

Vendors should ensure that specific solicitation instructions are strictly

followed. Any questions or need for clarification should be forwarded to

the RPS Purchasing Office promptly. When a solicitation contains a

specification stating no substitutes, no deviation from the specification

will be permitted and the bidder will be required to furnish articles that

prove/substantiate their conformity with that specification.

2. Pre-Bid or –Proposal Conference

Pre-bid or pre-proposal conference provide an opportunity for bidders/

offerors to emphasize and clarify critical aspects of solicitations, eliminate

ambiguities or misunderstandings, and permit vendor input. Attendance at

conferences or site visits may be optional or mandatory. When mandatory

attendance is stipulated, only bids or proposals from those vendors

represented will be accepted. After the conference, an addendum shall be

issued if a modification to the solicitation is required as a result of the

conference. For mandatory conference/site visits, vendors are cautioned

that RPS is authorized to establish a cut-off time for late arrival, after

which no one will be permitted access to the conference.


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3. Receipt of Sealed Bids or Proposals

Solicitations will state when sealed bids or proposals are to be received.

Bid or proposal receipt deadlines and public openings scheduled during a

period of suspended business operations (e.g., snow day that closes

schools and all school operations) will be rescheduled for processing at the

appropriate times on the next regular business day. It is imperative that

the bid or offer be returned with the information listed on the template or

information provided. Bids or proposals may be hand delivered to the

designated location in the office issuing the solicitation. No other

correspondence or other bids or proposals should be placed in the

envelope.

Bidders/Offerors should be careful when electing to use private courier

services to deliver their bids. It is solely the responsibility of the

bidders/offerors to ensure that bids/proposals reach the designated address

including Room # by the specified date and time as shown on the bid.

Bids/proposals received after the date and hour designated are

automatically disqualified and will not be considered. The official time

used in the receipt of responses is that time on the automatic time stamp

machine located in the Department of Purchasing.

4. Mistakes in Bids

a. Mistakes Discovered Before Opening

A bidder may correct mistakes discovered before the time and date

set for receipt of bids by withdrawing and replacing or by

correcting the bid.

b. Mistakes Discovered After Opening but Before Award

i. Informality. An informality is a minor defect or

variation of a bid or proposal from the exact

requirements of the invitation for bids, or the

request for proposals, which does not affect the

price, quality, quantity or delivery schedule for the

goods, services or construction being purchased.

RPS may, in its sole discretion, waive such

informalities or permit the vendor to correct them,

whichever procedure is in the best interest of the

school division. Examples include the failure of a

vendor to:

1) Return the number of signed bids or

proposals required by the solicitation.


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2) Sign the face of the bid or proposal in the

space provided.

3) Acknowledge receipt of an addendum to the

solicitation

ii. Judgment Errors. RPS may allow a vendor to

withdraw a bid prior to award upon written request.

Approval to withdraw a bid shall not be

unreasonably withheld. However, if approval is

given, RPS shall make no award to the vendor

which withdrew its bid for a period of sixty

calendar days. The vendor may not submit a

replacement bid. The above statement does not

apply to construction bids.

iii. Non-Judgmental Error. If the mistake and the

intended correct bid are clearly evident on the face

of the bid document, the bid shall be corrected to

the intended correct bid and may not be withdrawn.

Examples of mistakes that may be clearly evident

on the face of the bid document are typographical

errors, errors in extending unit prices, transposition

errors, and arithmetical errors.

5. Withdrawal of Bids

A Bidder for a contract may request withdrawal of his or her bid under the

following circumstances: a. A bidder may withdraw his bid from consideration if the

price bid was substantially lower than the other bids duesolely to a mistake in the bid, provided the bid wassubmitted in good faith, and the mistake was a clericalmistake as opposed to judgment mistake, and was actuallydue to an unintentional arithmetic error or an unintentionalomission of a quantity of work, labor or material madedirectly in the compilation of a bid, which unintentionalarithmetic error or unintentional omission can be clearlyshown by objective evidence drawn from inspection oforiginal work papers, documents and materials used in thepreparation of the bid sought to be withdrawn.

b. If a bid contains both clerical and judgment mistakes, abidder may withdraw his bid from consideration if the bidprice would have been substantially lower than the otherbids due solely to the clerical mistake, that was anunintentional arithmetic error or an unintentional omissionof a quantity of work, labor or material made directly inthe compilation of a bid that shall be clearly shown byobjective evidence drawn from inspection of original workpapers, documents and materials used in the preparation ofthe bid sought to be withdrawn.


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c. Requests for withdrawal of bids prior to opening of suchbids shall be transmitted to the RPS Purchasing Agent inwriting.

d. Requests for withdrawal of bids after opening of such bidsbut prior to award shall be transmitted to the RPSPurchasing Agent, in writing, accompanied by fulldocumentation supporting the request. The bidder shallgive notice in writing of his claim of right to withdraw hisbid within two (2) business days after the conclusion of thebid opening procedure and shall submit original workpapers with such notice. If bid bonds were tendered withthe bid, RPS reserves its right to exercise collection.

e. No bid may be withdrawn under this section when theresult would be the awarding of the contract on anotherbid of the same bidder or of another bidder in whichthe ownership of the withdrawing bidder is more thanfive percent. If a bid is withdrawn under the authorityof this paragraph, the lowest remaining bid shall bedeemed to be the low bid. No bidder who is permittedto withdraw a bid shall, for compensation, supply anymaterial or labor to or perform any subcontract or otherwork agreement for the person or firm to whom thecontract is awarded or otherwise benefit, directly orindirectly, from the performance of the project forwhich the withdrawn bid was submitted.

The above statement does not pertain to construction bids and withdrawal of construction bids are addressed in Section III of the Purchasing Manual.

6. Late Bids or Proposals

To be considered, all bids or proposals must be received at the specific office location stipulated by the Purchasing Department on or before the due date and hour designated on the solicitation. Vendors are responsible for the delivery of the bid or proposal and if using U.S. Mail or a delivery service should ensure that the bid or proposal is addressed properly. RPS is not responsible if the bid or proposal does not reach the specific destination by the appointed time. Bids or proposals received after the date and hour designated are automatically disqualified and will not be considered. The official time used in the receipt of responses is the time on the clock or automatic time stamp machine in the procuring office.

7. Bonds

A bid bond may be required in a solicitation and must accompany the bid. When required, a bid bond shall not exceed 5% of the amount


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bid [Virginia Public Procurement Act (Code of Virginia, § 2.2-4336)]. Performance bonds and payment bonds, if requested, must be in an amount at least equal to 100% of the accepted bid or proposal [Virginia Public Procurement Act (Code of Virginia § 2.2-4337)] and must be filed by the vendor within ten (10) days after receipt of the purchase order or notice of award, unless a written determination is made that it is in the best interest of RPS to grant an extension. A certified check or cash escrow may be accepted in lieu of a payment, or performance bond. If approved by RPS, a bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security offered affords protection to the School Division equivalent to a corporate surety bond.

If a performance bond requirement is not stated in the solicitation and RPS later determines that a bond should be provided prior to the award of a contract, the contractor to whom the award will be made shall provide a performance bond, and RPS will pay the cost of the bond.

8. Insurance

Whenever work is to be performed at RPS facilities, the contractor is

required to have insurance required by law and the School Division’s

regulations to perform the type of work required. This includes Workers’

Compensation, Employer’s Liability, Commercial General Liability and

Automobile Liability, and in certain types of programs professional

Liability/Errors and Omissions insurance coverage. In addition, for

construction contracts, if any subcontractors are involved, subcontractors

will also be required to have Workers’ Compensation Insurance in

accordance with Sections 2.2-4332 of the Virginia Public Procurement

Act and 65.2-800 et seq. of the Code of Virginia. Stipulated insurance

must be obtained prior to contract award and be maintained during the

entire term of the contract. RPS Purchasing Division may require the

contractor to provide the certificate of insurance prior to the provision of

any goods and services or the commencement of any work.

9. Brand Names or Approved Equivalent

Unless otherwise provided in the solicitation, the name of a certain brand,

make or manufacturer does not restrict bidders to the specific brand, make

or manufacturer named; it conveys the general style, type, character, and

quality of the article desired, and any article which RPS in its sole

discretion determines to be the equivalent of that specified, considering

quality, workmanship, economy of operation, and suitability for the

purpose intended, will be accepted.


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10. Specifications, Questions, and Comments

It is the intent of RPS to use specifications that encourage competition.

Vendors are requested to inform the Division of Purchasing whenever they

have comments or questions concerning specifications or solicitation

requirements. Suggestions concerning new products or improvements to

specifications are encouraged and will be considered. This information

should be provided to the Division of Purchasing as early as possible but

at least five (5) working days prior to bid or proposal due date to provide

time to amend or cancel the solicitation before the scheduled receipt date.

11. Contractor Registration (License)

State statutes and regulatory agencies require that some contractors be

properly registered and licensed, or hold a permit prior to performing

specific types of services. It is the vendor’s responsibility to comply with

the rules and regulations issued by State regulatory agencies. An

unlicensed vendor submitting a bid or proposal where such license is

required is non-responsive and is in violation of state law. Prior to

contract awards, the purchasing officer will access the State Corporation

Commission (SCC) website to verify vendor registration.

12. Bidder’s List

To be placed on the bidders’ list, vendors may visit our website at

http://www.rvaschools.net/Page/1345 and print the necessary forms or

contact the Division of Purchasing at (804) 780-6110 to request that forms

be mailed to them. Documents must be completed and sent to the

Division of Purchasing.

It is the responsibility of each vendor to keep its business profile current

by notifying the Division of Purchasing when changes occur regarding the

products or services offered, address and other contact information,

ownership, or status as a bidder. Registration on the bidder’s list will

generate notification to the vendor when an RPS Request for Quotation

(RFQ), Invitation For Bid (IFB), or Request For Proposal (RFP) is being

solicited. RPS also posts IFBs and RFPs on the Purchasing Department

Bid Board located just outside the department entrance in the RPS

Division of Purchasing, 2395 Hermitage Road, Vatex Building,

Richmond, VA 23220 and Purchasing Website under Current Bids/RFPs. It is the vendor’s responsibility to check these notices posted by

the Purchasing Division.

http://web.richmond.k12.va.us/departments/purchasing_new/forms.cfm


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13. Posting Bid Notices

The Division of Purchasing seeks maximum feasible competition. In achieving this goal, RPS publicizes IFBs as follows:

• Post on the Bid Board as specified above

• Post on Division of Purchasing Website

http://www.rvaschools.net/Page/1159• Advertise if for formal bids, Request for Proposals and

Request for Qualifications are printed in the Legal Notices/

Section in the Richmond Times Dispatch and other local

newspapers

• Post on eVA, as needed

In addition to direct mail solicitation, all formal bids are posted in the

department's public reception and bid deposit area on the bulletin board

designated for public notices. If the value of the anticipated procurement

exceeds $50,000, notice is also published in a local newspaper of general

circulation. This serves as public notice to all those who are not presently

on the mailing list. If such a firm requests a copy of the Invitation for

Bids, it will be given to the firm provided no factors exist (such as those

listed previously under "Removal from Bidders List") that otherwise

would not entitle the firm to receive an Invitation for Bids. Newspaper

advertising is also used in vendor solicitation, especially with regard to

construction contracts, and requests for proposals, or any other solicitation

expected to exceed $50,000 in value. At the discretion of the Purchasing

Agent, however, newspaper advertising may be used for purchases under

$50,000.00.

14. Removal from Bidders List

A vendor may be removed (debarred) from the Bidders List for any of the

following reasons: Debarment does not relieve the vendor of

responsibility for existing obligations.

1. Failure to respond to three consecutive bids.

2. Default or poor performance on any contractual obligation.

Examples would include, but are not limited to, over-

shipments, under-shipments, early shipments, late

shipments, damaged or defective goods, failure to meet

specification requirements, unauthorized substitutions,

billing errors, and service deficiencies.

3. Offering any gift of more than nominal value, gratuity,

favor, or advantage -- present or future -- to any employee

of Richmond Public Schools who exercises any

procurement responsibility. It is not necessary that the


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offer be accepted by the employee or that the offer be made

with intent to influence the employee in an official act.

Extending to any Richmond Public Schools employee

exercising procurement responsibility any discount or

privilege not available to all Richmond Public Schools

employees is considered to be offering an advantage.

(Section 2.2-4371 of the Virginia Public Procurement Act)

4. Failing to disclose a condition constituting a conflict of

interest by an officer, director, owner, or partner of the

vendor in a contract or purchase order awarded by

Richmond Public Schools. It is not necessary that there be

a judicial determination that a violation of the Virginia

Conflicts of Interest Act has occurred.

5. Conviction of any criminal offense involving public

contracting. Examples would include, but are not limited

to, bribery (Code of Virginia § 18.2-447) and sale of

materials for governmental buildings by the architect or

engineer in charge, and knowingly making a false

statement in regard to collusion on an Invitation for Bid

(Code of Virginia § 18.2-498.4). Conviction for any of the

above by any officer, director, owner, partner, or agent of a

vendor shall constitute grounds for removal of the vendor.

6. Court judgment finding a violation of either federal or state

anti-trust laws.

7. Violation of any provision of this manual.

8. Request or consent of the vendor.

9. Statement of Debarment from vendor.

15. Vendor Performance Files

The Purchasing Officer maintains and reviews a document to determine if

a vendor's overall history of compliance with terms, conditions, and

specifications of contract awards has been satisfactory. A record of

unsatisfactory performance will be cause for removal from the mailing list

as described in item VI-12.2 of "Removal from Bidders List."

16. Procurement Complaint Form

Vendors may issue a procurement complaint form to the Department of

Purchasing when there are issues related to a purchase order or contract.


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The vendor must complete, sign and return the Procurement Complaint

Form by email to [email protected] or fax to 804/780-6151.

The Purchasing Department will resolve the issue by responding in

writing, within ten (10) days. (See Exhibit I-Procurement Complaint

Form) The Procurement Complaint Form is the official method to notify

a vendor of non-compliant issues. Failure by the vendor to respond in ten

(10) calendar days may result in removal from the vendors list.

This form may be used by the vendor/enduser.

17. Notice of Cure

The notice of cure is the next official method of giving the vendor a

stated date to solve the non-compliance issue(s) and place the vendor

on notice that they are in breach of contract and will be placed in

default with re-procurement costs. A cure letter can be sent in

conjunction with the Procurement Complaint Form or separately. The

Notice of Cure can be given orally or in writing. If given orally,

written notification will follow.

18. Termination for Default

This is the next official step in the procedure for non-compliance

when the vendor does not respond with an acceptable cure. The

Purchasing Department will send a "Termination for Default" letter to

the vendor. This letter can include re-procurement costs if those

costs are known.

19. Re-procurement Costs/Repayment

When re-procurement costs are known, the Purchasing Department

will submit an official letter stating the costs, date to when those costs

must be paid and whom the check must be made out to.

• If payment is not received by due date, the purchasing department

will take the appropriate action.

20. Debarment and Reinstatement

After the purchasing department recommends debarment and gathers all correspondence, a request to debar is sent to the Director of Purchasing and Property Management. A vendor can be reinstated after their period of

debarment is over with payment made and a letter to the Director of

Purchasing and Property Management requesting reinstatement.


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• The Purchasing Department will immediately notify the

Department of Finance to place the vendor on hold in CIMS until

issue is resolved.

• The Purchasing Officer cannot accept any new bids from this vendor.

Results of Default

• Contractor could be liable for re-solicitation costs.

• Vendor could lose performance or payment bond.

• Contractor could be put on debarred list.

Prohibited Listing – This list includes vendors who have not paid their Sales

Tax. It is the vendor's responsibility to notify the Department of Purchasing

when this debt has been paid. RPS Schools/Departments are prohibited from

doing business with vendors on this list except in an emergency.

The Debarment & Prohibited Listing can be found on www.epls.gov

VII. SOLICITATION RESPONSES

1. Vendor Name and Address

Purchase orders or contracts will be issued only to the firm's nameappearing on the bid or proposal form which shall be as declared on thevendor's W-9 federal tax identification form. If orders or payments are tobe mailed to an address or addresses other than that shown on the face ofthe form, the bidder or offeror must so indicate and list the post office box,or street name and number, city, state, and zip code for the addressee.

2. Signature on Bid or ProposalAll bids and proposals, and addenda returned by bidder or offeror must besigned in ink. The person signing the bid or proposal must be a personauthorized by the bidder or offeror to sign bids or proposals. Typewrittensignatures are not acceptable. The person signing must include his or hertitle, and if requested, must verify his or her authority to bind his or hercompany in contract. Failure to sign the face of the bid/proposal in thespace provided will result in rejection of the bid/proposal except if theunsigned bid/proposal is accompanied by other signed documentsindicating the bidder's/offeror's intent to be bound.

3. Pricing and DiscountsSolicitations normally request net price FOB Destination. The net price isthe list price less trade or volume discounts offered. Unit prices, extensions,and/or gross total must be shown as requested in the pricing schedule.Prompt payment discounts offered must be clearly shown in the space


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provided and may be taken if payment is made within the specified time frame, e.g. 2% 20 days. Such discounts normally may not be a factor in award unless specified in the solicitation. Correct pricing is extremely important and price should be double-checked before submitting a bid or proposal. In the case of errors in the extension prices, the unit price shall govern.

4. Alternate BidsAn alternate bid may be submitted in knowing variance from thespecifications and must be clearly distinguished as an alternate by thebidder. Frequently, alternate bids incorporate the latest technology andcan result in substantial savings, not only in monetary terms but also insystem-wide operational efficiencies.

5. Taxes

Sales and Use Tax - Virginia's Sales and Use tax does not apply to sales of

tangible personal property to RPS, for their use or consumption, if the

purchases are pursuant to required official purchase orders to be paid for

out of public funds. The tax applies when such sales are made without the

required purchase orders and are not paid for out of public funds. No

exemption is provided for state or local government employee purchases

of meals or lodging whether purchases are pursuant to required official

purchase orders or not.

6. Time of Performance

A specific date or number of calendar days required for delivery or

performance after receipt of order may be stated in the terms and

conditions of a solicitation. Otherwise, the date or number of days must be

entered by the bidder/offeror in the space provided on the solicitation.

VIII. EVALUATION AND AWARD

For small purchases, award shall generally be made to the responsible and

responsive business offering the lowest acceptable quotation. Small purchases

can be awarded to other than the lowest responsive and responsible bidder when

best value criteria (definition below) is justified and approved by the Manager of

Procurement and Control. For competitive sealed bidding or negotiations, best

value concepts may be considered when procuring goods and nonprofessional

services, but not construction or professional services, except as allowed by the

VPPA.

When the terms and conditions of multiple awards are so provided, awards may

be made to more than one bidder/offeror. In procurement for professional

services, award shall be made to the offeror who submits the more meritorious

proposal with a price that is considered fair and reasonable.


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Best Value - is defined as the overall combination of quality, price and various

elements of required services that in total are optimal relative to RPS' s needs.

The best value criteria, factors, basis for consideration, and process for

consideration shall be stated in the solicitation.

1. Contract Award Invitation For Bid:

Will be awarded to the lowest responsive and responsible bidder. Aresponsive bidder is defined as one who has submitted a bid whichconforms in all material respects to the Invitation For Bid. Aresponsible bidder is defined as one who has the capability, in allrespects, to perform fully the contract requirements, and the moral andbusiness integrity and reliability which will ensure good-faithperformance. (The Purchasing Officer reserves the right to award bidson the overall low total or the split low total, whichever is deemed tobe in the best interest of RPS) .

Request For Proposal (Competitive Negotiation)Professional Services and Non-Professional Services contracts will beawarded to the Offeror that is fully qualified and has made the bestproposal. Offerors will be selected for negotiations based on theevaluation criteria specified in the Request for Proposal. A "Notice ofIntent to Award" will be issued to the successful offeror no less than10 days prior to contract award.

2. Notification of Successful VendorSuccessful vendors are notified by receipt of a signed purchaseorder or by any other properly authorized contractual agreementindicating award.

IX. PERFORMANCE

1. Delivery

Delivery must be made by the date or period specified in the purchase

order or contract. If a contractor cannot make delivery as specified under

an existing purchase order or contract, the contractor must immediately

notify the ordering location. The contractor may offer a new delivery date;

however, if it is not acceptable to the location and delivery cannot be

made as originally specified, the contractor may be considered in default.

2. Packing Slips/Delivery Tickets

Vendor shall include a packing slip/delivery ticket with each delivery to

RPS. The packing slip/delivery ticket shall contain, at a minimum, the

following information for each item delivered:

a. Purchase Order number


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b. Name of the item and stock number (Supplier’s)

c. Quantity ordered

d. Quantity shipped

e. Quantity back ordered

f. Name of the vendor.

Vendors are cautioned that failure to comply with these conditions shall be

considered sufficient reason for refusal to accept the goods.

3. Loss or Damage in Transit

Delivery by a contractor to a common carrier does not constitute delivery

to RPS. Any claim for loss or damage incurred during delivery shall be

between the contractor and the carrier. RPS accepts title only when goods

are received regardless of the F.O.B. point. The receiving

school/department will note all apparent damages in transit on the freight

bill and notify the contractor. Discovery of concealed damage or loss will

be reported by the receiving school/department to the carrier and the

contractor within seven days of receipt and prior to removal from the point

of delivery if possible. The contractor shall make immediate replacement

of the damaged or lost merchandise or be in default of the contract. It

shall be the contractor’s responsibility to file a claim against the carrier. If

damage is to a small quantity, with the approval of the agency, the

contractor may deduct the amount of damage or loss from the invoice to

RPS, in lieu of replacement.

4. Cancellation of Purchase Orders and Contracts

Cancellation of purchase orders will be made in writing by the RPS

purchasing office. Orders or contracts may be canceled without a

vendor’s consent as provided in Termination for Default and Termination

for the Convenience of RPS. A vendor may request cancellation, and RPS

will grant relief if the vendor is prevented from specific performance,

including timely delivery, by an act of war, order of legal authority, act of

God, or other unavoidable causes not attributed to the vendor’s fault or

negligence. Failure of a vendor’s source to deliver is generally not

considered to be an unavoidable cause. The burden of proof for need of

such relief rests with the vendor.

RPS reserved the right to cancel all contracts with any vendor who fails to

perform for any contract.

5. Purchase Order Changes

A Purchase order change is used to correct errors, to add or delete

quantities, or to make adjustments to the original order. It may also be

used to cancel an order. A vendor who deviates from the requirements of

a purchase order or contract prior to receipt of an authorized change order,

does so at his own risk.


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6. Termination for DefaultIn case of default by a contractor for failure to deliver or perform inaccordance with the contract specifications or terms and conditions, RPSmay procure the articles or services from other sources and hold thedefaulting contractor responsible for any resulting additional purchaseand administrative costs.

RPS will normally repurchase from the next low bidder or purchase

competitively by re-solicitation. If the repurchase results in increased costs

to RPS, a letter will be sent to the defaulted contractor requiring payment

for additional costs. When repayment is requested, the contractor will be

suspended/debarred until repayment has occurred.

7. Termination for Convenience of Richmond Public Schools

A purchase order or contract may be terminated for the convenience of

RPS by delivering to the contractor a notice of termination specifying the

extent to which performance under the purchase order or contract is

terminated, and the date of termination. After receipt of a notice of

termination, the contractor must stop all work or deliveries under the

purchase order or contract on the date and to the extent specified. If the

purchase order or contract is for commercial items sold in substantial

quantities to the general public and no specific identifiable inventories

were maintained exclusively for RPS use, no claims will be accepted by

RPS. Payment will be made for items shipped or services provided prior

to receipt of the termination notice, unless otherwise specified in the

contract.

If the purchase order or contract is for items being produced exclusively

for the use of RPS, and raw materials or services must be secured by the

contractor from other sources, the contractor shall order no additional

materials or services except as may be necessary for completion of any

portion of the work which was not terminated. RPS may direct the

delivery of the fabricated or non-fabricated parts, work in process,

completed work, supplies, and other material produced as a part of, or

acquired in connection with the performance of the work, or direct the

contractor to sell the same, subject to RPS approval as to price.

The contractor may, with the approval of RPS retain the same, and apply a

credit to the claim. The contractor must complete performance on any part

of the purchase order or contract not terminated.

The contractor must submit any termination claim within 120 days after

receipt of the notice of termination, or such longer period as RPS for good

cause may allow. This claim will be in a form and with certifications

prescribed by the RPS Purchasing Office. Termination for convenience

claims will be considered for only actual expenses incurred up to the time

of termination.


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X. PAYMENTS, DISPUTES, CLAIMS, APPEALS AND PROTEST

1. Payment

Payment will be made by RPS after satisfactory performance of the

contract, in accordance with all of the provisions thereof, and upon receipt

of a property completed invoice. RPS reserves the right to withhold any

or all payments or portions thereof for vendor’s failure to perform in

accordance with the provisions of the contract or any modifications

thereto.

Richmond Public Schools will take prompt payment discounts when

offered by the vendor. The prompt payment discount will show on the

printed purchase order.

RPS does not issue pre-payment for any purchase.

2. Disputes/Claims

Contractual claims, whether for money or other relief, shall be submitted in writing no later than thirty (30) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing in this section shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. Written claims and unresolved disputes must be submitted to the Director of Purchasing and Property Management.

A contractor may not institute legal action prior to receipt of the Director of

Purchasing and Property Management decision on the claim unless that

office fails to render such decision within thirty (30) days. The decision of

the Director of Purchasing and Property Management shall be final and

conclusive unless the contractor, within six months of the date of the final

decision on the claim, institutes legal action as provided in the Virginia

Public Procurement Act, § 2.2-4364.

3. Appeal

A decision denying withdrawal of bid shall be final and conclusive unless

the bidder appeals the decision within 10 days after receipt of the decision

by invoking administrative procedures meeting the standards of the

Virginia Public Procurement Act, Section 2.2-4365, if available, or in the

alternative by instituting legal action as provided in the Virginia Public

Procurement Act, Section 2.2-4364 and any procedures established by

RPS.


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If no bid bond was posted and a bidder is refused withdrawal of a bid prior

to appealing, he shall deliver to the institution a certified check or cash

bond in the amount of the difference between the bid sought to be

withdrawn and the next low bid. Such security shall be released only upon

a final determination that the bidder was entitled to withdraw the bid.

If, upon appeal, it is determined that the decision refusing withdrawal of

the bid was not an honest exercise of discretion, but rather was arbitrary or

capricious or not in accordance with the Constitution of Virginia,

applicable state law or regulation, or the terms or conditions of the

Invitation for Bid, the sole relief shall be withdrawal of the bid.

4. Protest

Any bidder or offeror who desires to protest the award or decision to award

a contract shall submit such protest in writing to the Director of Purchasing and Property Management, no later than 10 days after public notice of the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. 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 10 days after posting or publication of the notice of such contract as provided in the Virginia Public Procurement Act, Section 2.2-4303. 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 under the Virginia Public Procurement Act, Section 2.2-4342, then the time within which the protest must be submitted shall expire 10 days after those records are available for inspection by such bidder or offeror under the Virginia Public

Procurement Act, Section 2.2-4342, or at such later time as provided in

this section. 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 Director of Purchasing and Property Management shall issue a

decision in writing within 10 days stating the reasons for the action taken.

This decision shall be final unless the bidder or offeror appeals within 10

days of receipt of the written decision by invoking administrative

procedures meeting the standards of the Virginia Public Procurement Act

Code of Virginia, Section 2.2-4365, if available, or in the alternative by

instituting legal action as provided in the Virginia Public Procurement Act,

Section 2.2-4364.


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XI. CHARGES AND COLLECTION

1. Billing and Invoices

Invoices must be submitted to RPS to the address cited on the purchase

order/contract. Prompt payment discounts may be taken if offered and

payment is made within the prescribed time-frame. Invoices shall

reference the purchase order or contract number and be in accordance with

PO/contract payment terms. Partial Payments may be paid when portions

of the goods or services have been received and accepted and have been

properly invoiced by the vendor, and partial payment is authorized by the

governing contract.

XII. ETHICS

Due to the extraordinary trust and responsibility exercised by public officials

conducting procurement transactions and because of the legitimate expectations

by the public that this trust and responsibility be exercised properly, laws of the

Commonwealth dictate a higher standard of conduct for procurement officials

than for public employees generally. Procurement officials and contractors must

be cognizant of these laws which include the Virginia Public Procurement Act,

the State and Local Government Conflict of Interests Act, and the Virginia

Governmental Frauds Act. No public employee having official responsibility for

procurement transactions:

(1) shall solicit, demand, accept, or agree to accept from a bidder,

offeror, contractor or subcontractor any payment, loan,

subscription, advance, deposit of money, services or anything of

more than nominal or minimal value present or promised, unless

consideration of substantially equal or greater value is exchanged

(Virginia Public Procurement Act, Section 2.2-4371); or

(2) shall accept employment from any bidder, offeror or vendor with

whom the employee dealt in an official capacity concerning

procurement transactions for a period of one year from the

cessation of employment by the State unless the employee or

former employee provides written notification to the president of

the institution prior to commencement of employment by that

bidder, offeror or vendor (Virginia Public Procurement Act,

Section 2.2-4370).

XIII. TERMS AND CONDITIONS


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Specified on Purchase Order Form and on Contracts/Agreements in accordance

with the Virginia Public Procurement Act.

XIV. EQUAL OPPORTUNITY AND MINORITY BUSINESS

PARTICIPATION

It is RPS’s policy to encourage the participation of women and minorities in the

School Board’s procurement activities. Toward that end, the School Board

encourages firms owned by women and minorities to compete and encourages

non-minority firms to provide for the participation of small businesses and

businesses owned by women and minorities through partnerships, joint ventures,

subcontracts, and other contractual opportunities.

Exhibit I

PROCUREMENT AND PROPERTY MANAGEMENT


PROCUREMENT COMPLAINT FORM

INSTRUCTIONS FOR COMPLETING THE PROCUREMENT COMPLAINT FORM:

Form Preparation Instructions

Heading: VendorIEnduser information and distribution instructions.

1. Insert the full name and address of the vendor/enduser.

2. Name the person that is to be contacted.

3. Any responsible person's signature is acceptable (Authorized Vendor/Enduser Signature).

4. Insert phone number of contact person.

Closure: Buyer/Contract Administrator and Order Entry Information

1. Insert the full name and address of the enduser/vendor against which this report is filed.

2. Insert the enduser/buyer/vendor you last contacted, including the phone number and extension.

3. Insert buyer/contract administrator/vendor representative signature.

4. Insert date this form was initiated.

5. Insert the bid number if not an enduser order.

6. Insert the purchase order number

7. Insert the purchase order date.

8. Insert the contract number if using RPS Contract List or Cooperative Contract w/City or State Agency.

9. Insert generic commodity name of the item. Example: chair, etc.

10. Insert location number.

Nature of Complaint: Insert (X) for principle reason (s) for complaint. Attach additional information and

documentation.

NOTE:

1. Additional documentation can be attached to e-mail or faxed.

2. Transmit Copy by e-mail, fax or postal delivery.

3. Send via Email to: [email protected], fax (804) 780-6151 or mail to 2395 Hermitage Road, Vatex

Building, Richmond, V A 23220.

4. Enduser/Vendor must print or save a copy for their files.

5. This form may be used by both Enduser and Vendor for complaint issues concerning contracts.

INVOICE/PAYMENT

DELIVERY

SPECIFICATIONS/AGREEMENTS

OTHER

NON-PAYMENT DELIVERY REFUSED SPECS DELAYED AGENCY DELAYS

LATE PAYMENT SHIPPED TO WRONG

LOCATION MODIFICATION (NO CHANGE ORDER)

UNAUTHORIZED CANCELLATION

INCORRECT

PAYMENT PARTIAL DELIVERY BID SAMPLE PROBLEMS UNAUTHORIZEDPURCHASE

FROM NON-CONTRACT VENDOR

REFUSED LATE

CHARGES

TIME OF DELIVERY INAPPROPRIATE

POOR CUSTOMER SERVICE

INVOICE

PRICE INCORRECT IMPROPER METHOD OF DELIVERY DELIVERY

UNAUTHORIZED

SUBSTITUTION SHORT/OVER

WEIGHT OR COUNT

INCORRECT

QUANTITY DAMAGED SHIPMENT DAMAGED PRODUCT UNSATISFACTORY

INSTALLATION

ITEMS DID NOT SHIP

LATE/NO DELIVERY

LACKS INSPECTION REPORT

FAILURE TO IDENTIFY SHIPMENT PER CONTRACT

TERMS

OTHER OR FURTHER EXPLANATION:

Exhibit I

PROCUREMENT AND PROPERTY MANAGEMENT Division of Purchasing


TO: Name of Vendor I Enduser &. Location Code:

Address:

City: State:: Zip Code::

File Date: Status: File No: Action/Date:

Contact Name: Title::

Signature:

Phone No:

Note: VENDOR/ENDUSER MUST SUBMIT THEIR WRITTEN REPLY BELOW WITHIN TEN (10) DAYS OF RECEIPT

OF THIS REPORT. INDICATE YOUR COUNTERMEASURE/CORRECTIVE ACTION BELOW AND MAIL A COPY

TO THE ORIGINATING ENDUSER AND A COPY TO THE DIVISION OF PURCHASING, 2395 Hermitage Road, Vatex

Building, RICHMOND, VA 23220. ATTACH ADDITIONAL SHEETS FOR YOUR RESPONSE IF REQUIRED.

FROM.: Enduser/Vendor Name:

Address:

City: State: Zip Code:

Enduser/Vendor Contact :

Phone No:

Enduser/Vendor Signature:

Date: Location Code/ Vendor: Contract No: P.O. No: P.O. Date: Description:

NATURE OF COMPLAINT

DID NOT MEET SPEC.

FOR

OFF

ICE

USE

ON

LY

PROCUREMENT AND PROPERTY MANAGEMENT



COUNTER MEASURES: (Enduser/Vendor: Be accurate, complete and factual. Indicate manner in which you suggest complaint be settled.)

File No.:

Action/Date:

Resolved__________________________________________

Removed from Bidder List___________________________

Debarment_______________________________________

Purchasing Officer

FO

R O

FFIC

E U

SE O

NLY

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