HANOVER COUNTY & HANOVER COUNTY SCHOOL BOARD
GENERAL TERMS AND CONDITIONS
1. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA
Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates
government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct
business with state agencies and public bodies. All vendors desiring to provide goods and/or services to Hanover
County as a result of this Quick Quote shall participate in the eVA Internet e-procurement solution by completing the
free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified
below; failure to register will result in the bid being rejected.
Vendor transaction fees are:
A. DSBSD-certified Small Businesses: 1%, capped at $500 per order.
B. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General
Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled
through purchase order changes.
2. ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the Contractor
until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of
the County. The goods/services must comply with the specifications and terms and conditions of the Request and
be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to
conform to specifications, the County reserves the right to cancel the contract upon written notice to the
Contractor and return products to Contractor at the Contractor's expense.
3. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a
result of this solicitation, the County will publicly post such notice on the DGS/DPS eVA VBO website
(www.eva.virginia.gov) for a minimum of ten (10) days.
4. ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the County that they will conform to the
provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment
Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With
Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-
based organization, the organization shall not discriminate against any recipient of goods, services, or
disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to
participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to
the same rules as other organizations that contract with public bodies to account for the use of the funds
provided; however, if the faith-based organization segregates public funds into separate accounts, only the
accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, §
In every contract over $10,000 the provisions in A and B below apply:
A. During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race,
religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational qualification reasonably
necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
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2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, will state that such Contractor is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the requirements of this section.
B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over $10,000, so
that the provisions will be binding upon each subcontractor or vendor.
5. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all
respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the
courts of Hanover County. The Contractor shall comply with all applicable Federal, State and local laws, rules
6. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the
written consent of the County.
7. AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five (5)
years after final payment, or until audited by the County, whichever is sooner. The County or its authorized
representative shall have full access to and the right to examine any of said materials during said period. The
Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be
binding upon each subcontractor or vendor.
8. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be
bound hereunder only to the extent of lawfully appropriated funds.
9. BID PRICE CURRENCY: Unless stated otherwise in this solicitation, (Bidders/Offerors) shall state (bid/offer)
prices in US dollars.
10. BIDDER AND CONTRACTOR COMPLIANCE: All Bidders and Contractors shall comply with the Virginia
Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable County policies, regulations
and procedures adopted pursuant thereto.
11. CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract
addendum or change order. The County will not assume responsibility for the cost of any changes made without
issuance of a written contract addendum or change order.
12. CONTRACTOR’S PERFORMANCE:
A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and
Federal laws, rules and regulations applicable to the business to be conducted under the Contract.
B. The Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so
as to avoid injury to person or damage to property of any and all kinds.
C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with
normal operations will be held to a minimum.
13. CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no
later than 60 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. Any notice
or claim shall be delivered to: Director, Finance and Management Services Department, 7496 County Complex
Road, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of
the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and
will notify the Contractor within thirty (30) days of receipt of the claim. The Contractor may appeal the decision of
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the County Administrator to the Board of Supervisors by providing written notice to the County Administrator,
within fifteen (15) days of the date of the decision. The Board of Supervisors shall render a decision on the
claim within sixty (60) days of the date of receipt of the appeal notice and such decision shall be final unless the
Contractor appeals the decision in accordance with the Virginia Public Procurement Act. Invoices for all services
or goods provided by the Contractor shall be delivered to the County no later than 30 days following the
conclusion of the work or delivery of the goods.
14. DEBARMENT STATUS: By submitting their bids, Bidders certify that they are not currently debarred by the
County from submitting bids or proposals on contracts for the type of goods and/or services covered by this
solicitation, nor are they an agent of any person or entity that is currently so debarred.
15. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the
County, after due written notice as required by the NOTIFICATION clause, may procure them from other
sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This
remedy shall be in addition to any other remedies which the County may have.
16. DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department
provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey Regional
Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this
solicitation shall be available for the use of any or all of these entities unless otherwise stated in the
17. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a
drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace
and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor
maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the
purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a
specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the
performance of the contract.
18. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, Bidders certify that their (bids/proposals) are
made without collusion or fraud and that they have not offered or received any kickbacks or inducements from
any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not
conferred on any public employee having official responsibility for this procurement transaction any payment,
loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value was exchanged.
19. FINANCIAL STATEMENTS: All Bidders, by submission of a response to this solicitation, agree to provide the
County, within ten (10) calendar days of the County’s request, a copy of its most recent audited financial
statement(s), and those of any of its parent companies and/or subsidiaries having material influence on the
goods/services provided, or to be provided, under the resultant contract with the County. The financial statement(s)
shall be accompanied by a letter signed by, as applicable to the type of business, a corporate officer, partner, or
owner, stating that the accompanying financial statement(s) is/are complete and is/are the most recent audited
financial statement(s) available. The financial statement(s) shall be provided at no charge to the County, and the
County shall be under no obligation to return the financial statement(s). The Contractor chosen as a result of this
solicitation shall include this same provision in the contracts of all subcontractors and any other entity providing
goods or services related to the County contract, so as to guarantee the County’s rights to obtain financial statements.
Should the Contractor fail to ensure the County’s rights under this section, the Contractor shall be liable to the
County for all reasonable costs and expenses the County may incur in obtaining financial statements which would
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have otherwise been available under the provisions of this section.
20. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall
not during the performance of the contract knowingly employ an unauthorized alien as defined in the Federal
Immigration Reform and Control Act of 1986.
21. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor, for itself, heirs, representatives,
successors and assigns agrees to save, defend, keep harmless and indemnify the County, and all of its officials,
agents and employees (collectively, the "County") from and against any and all claims, loss, damage, injury, costs
(including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from, arising
out of or in any way connected with the Contractor's performance (or nonperformance) of the agreement terms or its
obligations under this agreement.
22. INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the
contract shall constitute or designate the Contractor or any of its agents or employees as employees of the County.
23. LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses
necessary for the proper execution and completion of the Contractor’s work which are legally required prior to
and during the work, including software licenses or other intellectual property permissions, unless otherwise
specified by the County.
24. MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the
official County form provided for that purpose shall be a cause for rejection of the bid. Modification of or
additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the County
reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as
nonresponsive. As a precondition to its acceptance, the County may, in its sole discretion, request that the Bidder
withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No
modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by
25. NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt
requested, to the Contractor in the name and at the address given in their (bid/proposal); provided that change of
address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the
County shall be given to: County of Hanover, Director, Finance and Management Services Department, PO Box
470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal
status or of address.
A. To Prime Contractor:
1. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the
payment address shown on the purchase order/contract. All invoices shall show the contract number
and/or purchase order number; social security number (for individual Contractors) or the federal employer
identification number (for proprietorships, partnerships, and corporations).
2. Any payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment
thirty (30) days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for
payment in less than thirty (30) days, however.
3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date
payment is made (Code of Virginia, § 2.2-4353).
4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases,
final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors
should be put on notice that final payment in full is contingent on a determination of reasonableness
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with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and
challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon
determining that invoiced charges are not reasonable, the County shall promptly notify the Contractor, in
writing, as to those charges which it considers unreasonable and the basis for the determination. A
Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of
notification. The provisions of this section do not relieve the County of its prompt payment obligations
with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).
B. To Subcontractors:
1. A Contractor awarded a contract under this solicitation is hereby obligated:
a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the
County for the proportionate share of the payment received for work performed by the
subcontractor(s) under the contract; or
b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold
payment and the reason.
2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month
(unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that
remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as
stated in (b) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the
addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A
Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an
obligation of the County.
C. The County encourages Contractors to accept electronic and credit card payments.
27. PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION,
APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM
AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY FORM AND
TERMS AND CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between
any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the
Special Terms and Conditions shall apply.
28. QUALIFICATIONS OF (BIDDERS/OFFERORS): The County may make such 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 furnish to the County all such information and data for this purpose as may be requested. The
County reserves the right to inspect Bidder’s physical facilities prior to award to satisfy questions regarding the
Bidder’s capabilities. The County further reserves the right to reject any bid if the evidence submitted by, or
investigations of, such Bidder fails to satisfy the County that such Bidder is properly qualified to carry out the
obligations of the contract and to provide the services and/or furnish the goods contemplated therein.
29. ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:
A. By submitting their bid, Bidders certify that there will be no violation of copyrights or patent rights in
manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.
B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the
items covered by the contract.
C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby
constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold
harmless the County from any cost, expense, damage or loss incurred in any manner by the County on
account of such alleged infringement.
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