View Bid - Loudoun Water

INVITATION FOR BID 

IFB Number: 2013-011-240 

GRANULAR ACTIVATED CARBON FOR 

BROAD RUN WATER RECLAMATION FACILITY 

Issuance Date: May 28, 2013 

Bid Due Date: June 11, 2013 

and Time: 2:00 p.m. (Eastern Time) 

Mailing and Delivery Address: 

44865 Loudoun Water Way 

Ashburn, VA 20147 

Procurement Contact: 

Joshua Makely, Procurement Technician 

Phone: 571.291.7949 

Fax : 571.223.2513 

E-mail: procurement@loudounwater.org 

Inquiries: Questions and inquiries are to be submitted in writing and will be accepted from any and all Bidders. The Procurement 

Department is the sole point of contact for this solicitation. Unauthorized contact with other Loudoun Water staff regarding the IFB 

may result in the disqualification of the Bidder. Inquiries pertaining to the Invitation for Bid must give the IFB number, title and 

acceptance date. It is the responsibility of all Bidders to ensure that they have received all Addenda. Addenda can be downloaded 

from www.loudounwater.org. All questions regarding this IFB should be directed to Joshua Makely, Procurement Technician, 

through e-mail at procurement@loudounwater.org. 

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER 

TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THE PROCUREMENT 

DEPARTMENT AS SOON AS POSSIBLE.

Loudoun Water May 28, 2013 

TABLE OF CONTENTS 

SECTION/TITLE 

PAGE 

1. PURPOSE .................................................................................................................. 1 

2. BACKGROUND INFORMATION.................................................................................. 2 

3. SCOPE OF SERVICES ................................................................................................ 2 

4. SPECIFIC PROJECT REQUIREMENTS ........................................................................ 4 

5. BID PREPARATION AND SUBMISSION INSTRUCTIONS ........................................... 7 

6. EVALUATION AND AWARD CRITERIA .................................................................... 10 

7. GENERAL TERMS AND CONDITIONS ...................................................................... 10 

8. SPECIAL TERMS AND CONDITIONS ....................................................................... 20 

APPENDIX A.1 – IDENTIFICATION AND OWNERSHIP DISCLOSURE ............................. 30 

APPENDIX A.2 – LOUDOUN WATER CONTRACTOR DATA FORM .................................. 31 

APPENDIX A.3 - PROPRIETARY INFORMATION ............................................................. 33 

APPENDIX A.4 – COOPERATIVE AGREEMENT (RIDER) ................................................. 34 

APPENDIX A.5 - LUMP SUM PRICING BID FORM ........................................................... 32 

Granular Activated Carbon 

For BRWRF i IFB No. 2013-011-240


1. PURPOSE 

The purpose of this Invitation for Bid (IFB) is to establish a contract with one qualified 

contractor to provide the Loudoun County Sanitation Authority, herein referred to as 

“Loudoun Water”, with granular activated carbon (GAC) for the carbon contactors at 

the Broad Run Water Reclamation Facility (BRWRF). 

Any quantities or hours specified in this solicitation are annual estimates only, and no 

guarantees are made regarding the exact amount to be ordered or requested. Orders 

will be governed by actual needs. Loudoun Water will only be obligated to the extent 

of purchase orders issued and projects and services received. 

Loudoun Water desires to establish one award, but reserves the right to award 

multiple contracts. 

For ease of reference, each organization submitting a response to the IFB will 

hereinafter be referred to as a “Bidder”. A Bidder whose bid would result in a formal 

agreement will hereinafter be referred to as “Consultant”, “Contractor” or “Bidder”. 

This IFB, with all Addenda, describes the scope and nature of the services to Loudoun 

Water. A description of the Scope of Services is described in Section 3 of this 

document. 

The contents of the bid submitted by the successful Bidder, this IFB (including general 

and special terms and conditions) and all modifications made thereof, will become 

part of any contract awarded as a result of this solicitation. The successful Bidder will 

be required to sign a contract with the Loudoun Water. 

This IFB, plus the resulting agreement(s), shall be consistent with, and governed by 

the Virginia Water and Waste Authorities Act (VWWA), the Virginia Public Procurement 

Act (VPPA), and Loudoun Water’s Procurement Policy. 

It is Loudoun Water’s intent that this IFB permit competition. It shall be the bidder’s 

responsibility to advise the Procurement Department, in writing, at 

procurement@loudounwater.org, if any language, requirement, specification, etc., or 

any combination thereof, inadvertently restricts or limits the requirements stated in 

this IFB to a single source. Such notification must be received by June 4, 2013 

at 2:00 p.m. 

Any significant changes to the solicitation as a result of questions received prior to 

June 4, 2013 at 2:00 p.m. will be issued by Addendum and posted on the Loudoun 

Water web site at: www.loudounwater.org. It is the Bidder’s responsibility to review 

and incorporate all Addenda as part of their bid submission. 


For BRWRF 1 IFB No. 2013-011-240


2. BACKGROUND INFORMATION 

Loudoun Water is a public body politic and corporate and an instrumentality of the 

Commonwealth of Virginia, organized under the Virginia Water and Waste Authorities 

Act, being Chapter 28, Title 15.1, Code of Virginia of 1950, as amended (the "Act"). 

Loudoun Water was created by action of the Board of Supervisors of Loudoun County, 

Virginia and was chartered by the State Corporation Commission on May 27, 1959. As 

an authority, Loudoun Water makes no profit and our operations and finances are 

independent of the County’s tax-supported services. 

Loudoun Water has approximately 66,000 connections serving more than 200,000 

people. Its service area is predominantly in eastern Loudoun County, and is composed 

of more than 1,800 miles of water and sewer pipelines. Water supply is provided 

through agreements with the City of Fairfax and Fairfax Water. Water sources include 

The Potomac River and Goose Creek. Wastewater treatment is currently provided 

through an agreement with the District of Columbia Water and Sewer Authority and 

Loudoun Water’s Broad Run Water Reclamation Facility (BRWRF). This plant 

discharges high quality effluent into Broad Run, which feeds the Potomac River and 

ultimately, the Chesapeake Bay. Loudoun Water also operates several small 

community water and wastewater treatment plants. 

3. SCOPE OF SERVICES 

3.1. The scope of services for the project include providing granular activated 

carbon (GAC) for use in carbon contactors at the BRWRF; including labor 

and equipment required for removal of the spent GAC in the contactor, and 

delivery and installation of GAC in the contactors. 

3.2. Each Vendor shall bid the supply and installation of two (2) alternative 

volumes of GAC in the contactors. The two (2) alternatives are as follows: 

3.2.1. Alternative A: One (1) carbon contactor at a volume of 8,886 ft. 3 

of GAC. 

3.2.2. Alternative B: Three (3) carbon contactor cells at a volume of 

13,329 ft. 3 of GAC. 

3.3. Items that are available at the BRWRF to assist with transferring GAC to the 

contactor include: 

3.3.1. One (1) fresh carbon slurry (FCS) connection (4-inch) east of the 

Carbon Treatment Building and FCS piping to the contactors. 

3.3.2. One (1) water supply line (3-inch connection) east of the Carbon 

Treatment Building. 

3.3.3. Fresh carbon recycled water (FCRW) lines from the contactors to 

the spent GAC decant basin. 




3.4. Each Bidder shall bid the removal, reactivation, and storage of spent GAC 

and delivery and installation of new GAC in the carbon contactor. Eleven 

(11) foot depth GAC is required. 

3.5. The GAC will be installed at the Carbon Treatment, Disinfection and Post 

Aeration Facility of the BRWRF, located at 45018 Loudoun Water Way, 

Ashburn VA 20147. The Vendor shall coordinate the spent GAC removal, 

new GAC delivery and installation with the BRWRF Maintenance Supervisor 

in the time frame specified. The Vendor shall maintain a comprehensive 

project schedule for all work activities. 

3.6. Submittals 

3.6.1. Submittals – The Vendor shall provide all required documentation 

to Loudoun Water to support approval of the product and 

services. Documentation shall be submitted a minimum of thirty 

(30) days prior to the first delivery of GAC. A minimum of five (5) 

copies of all documentation shall be provided. As a minimum, 

Documentation shall include: 

3.6.1.1. Product specifications 

3.6.1.2. Delivery and installation plan, including detailed storage 

and installation instructions, method of transfer, size of 

delivery, water requirements for transfer and 

backwash, and size of transfer lines. The method of 

installation shall comply with the requirements stated 

herein and shall minimize attrition and generation of 

fines. Provide written schedule for delivery and 

installation. 

3.6.1.3. Qualifications of the manufacturer’s technical 

representatives. 

3.6.2. Quality Control Submittals – A minimum of two (2) copies of all 

submittals shall be provided to Loudoun Water. As a minimum, 

the quality control submittals shall include: 

3.6.2.1. Vendor’s certificate of compliance, signed by Vendor’s 

representative, certifying that product complies with, or 

exceeds, Project Requirements. 

3.6.2.2. No less than two (2) one (1) pound samples of GAC 

media following delivery of shipment with a certificate 

of analysis certifying that sample is from the batch 

shipped to the BRWRF, and is in full compliance with 

the Project Requirements. Manufacturer’s test reports 

shall include the following information: 

3.6.2.2.1. Manufacturer’s name and plant location 

3.6.2.2.1.1. Material source 

3.6.2.2.1.2. Date of sampling 




3.6.2.2.1.3. Lot or stockpile number 

identification 

3.6.2.3. Vendor’s certification of installation, signed by Vendor’s 

representative, certifying that product was installed 

according to manufacturer’s recommendations. 

4. SPECIFIC PROJECT REQUIREMENTS 

4.1. General 

4.1.1. The GAC shall be capable of removing COD from membrane 

permeate (MP). The GAC shall be made from selected grades of 

bituminous coal capable of withstanding repeated backwash 

procedures without significant change in physical sizes and shall 

be suitable for thermal reactivation and re-use. Only coal-based 

GAC will be acceptable. 

4.2. Manufacturers and Products 

4.2.1. GAC shall be: 

4.2.1.1. Filtrasorb 300 by Calgon Carbon Corporation. 

4.2.1.2. GAC300 by Norit Americas, Inc. 

4.2.1.3. Westates – UltraCarb 830 by Siemens 

4.2.2. No substitutes allowed. 

4.3. Manufacturer’s Qualifications 

4.3.1. Manufacturers shall have a minimum of fifteen (15) years 

experience manufacturing coal-based GAC for municipal water 

and wastewater treatment applications and shall submit proof in 

the form of a Manufacturer’s Certificate and/or Affidavit of 

Compliance. 

4.3.2. Manufacturer shall certify that it is the owner and operator of a 

reactivation facility. 

4.3.3. Manufacturer must certify the source of coal, the carbon 

manufacturing location, and the agglomeration/thermal process. 

4.4. Service Conditions 

4.4.1. Number of Contactors: 6 

4.4.2. Number of Cells per Contactor: 2 

4.4.3. Surface Area per Cell: 403 ft 2 

4.4.4. Volume GAC per Cell - Bed depth of 11 feet: 4,443 ft 3 

4.4.5. Working Temperature: 45 to 75 degrees F 

4.4.6. Working pH: 6 to 8 

4.4.7. Working Pressure: 0 to 15 psig 

4.5. Product Specifications 

4.5.1. The GAC shall be procured from coal mined in North America. 




4.5.2. The GAC shall be manufactured in the United States of America. 

4.5.3. The GAC must be an agglomerated bituminous coal based 

product with petroleum and coal based pitch binders sized to a 

granular form prior to baking and activation. Broken pellets will 

not be accepted. Lignite, peat, wood, coconut and subbituminous 

based or direct activated coal will be not accepted. 

4.5.4. The GAC shall be capable of removing turbidity, color, tastes, 

odors and other organic contamination from water previously 

pretreated by conventional water treatment processes. 

4.5.5. The GAC shall meet or exceed all specified properties below: 

GAC NAME 

GAC Type 

Mesh Size, U.S. Sieve 

Effective Size, mm 

LOUDOUN 

WATER 

SPECS 

Bituminous 

coal 

Mesh Size, 

U.S. Sieve 

Effective Size, 

TESTING 

STANDARD 

N/A 

N/A 

AWWA B604 

mm 

Uniformity Coefficient 2.1 Max AWWA B604 

Iodine Number (min) 900 Min ASTM D4607- 

86 

Molasses No. 200 Min N/A 

Abrasion No., Wt % 75 Min AWWA B604-05 

Moisture Content, Wt % 2 Max ASTM D2867 

Apparent Density, g/cc 0.5-0.56 ASTM D2854 

Water Extractables, Wt % 1 N/A 

4.5.6. The GAC shall be manufactured by a producer certified for ISO 

9001:2000 quality standards and at the specific plant or site 

holding such certification. A copy of the valid certificate must be 

submitted with Bid. It is understood that ANSI/NSF assures the 

GAC against toxicological hazards only. ISO 9001:2000 

Certification assures the GAC of consistent conformance to stated 

product quality and standards listed in the specifications. 

4.5.7. The GAC shall comply with AWWA B-604-96. 

4.5.8. The GAC shall comply with NSF 61. 

4.5.9. The GAC shall be visually clear of clay, dirt or deleterious 

material. 

4.5.10. The GAC shall be delivered in bulk via trailer. 

4.5.11. If GAC media does not meet specifications, the manufacturer 

shall provide and replace some or all of the GAC until 

specifications are met. 

4.6. Removal & Disposal of Spent GAC and Delivery & Installation of New GAC 




4.6.1. Before delivery, Vendor shall confirm that all conditions necessary 

to allow removal of spent GAC and delivery and installation of 

new GAC have been met. 

4.6.2. The removal of spent GAC and delivery and installation of new 

GAC shall be between June 24, 2013 and August 2, 2013, over a 

minimum period of four (4) weeks. 

4.6.3. The Vendor shall determine the removal and installation methods, 

subject to requirements specified below: 

4.6.3.1. The spent GAC shall be removed by the Vendor. 

4.6.3.1.1. The spent GAC should be reactivated. 

GAC Vendor shall provide for removal, 

transport, reactivation and storage of 

spent GAC from the contactors. The 

Vendor shall certify that it is the owner 

and operator of a reactivation facility 

capable of receiving, reactivating, and 

storing of spent GAC from the B RWRF. 

4.6.3.2. The new GAC shall be placed and the bed shall be 

backwashed until the amount of fines leaving the 

contactor are at a minimum and at equilibrium. Rate of 

backwash flow shall be 15 to 22 gpm per square foot of 

contactor area. The method and degree of washing 

shall be as approved by Loudoun Water. The method of 

placing GAC in the contactors shall be as recommended 

by the GAC Manufacturer and as approved by Loudoun 

Water. The Vendor shall recommend a slurry-pavement 

method. The GAC shall be handled in a manner that will 

not pulverize the GAC particles. Loudoun Water will 

provide water for backwash of GAC. 

4.6.3.3. The Vendor shall place GAC in the contractors initially 

to a depth of approximately one-third (1/3) full. The 

GAC shall then be backwashed to remove fines. The 

contactors shall then be filled another one-third (1/3) 

and again backwashed until fines are reduced to a 

minimum. The contactors shall then be filled to final 

level and again backwashed. Following this backwash, 

the contactors shall be drained and the GAC level 

measured. If the backwashed and drained GAC level is 

below the contracted level/depth, the additional media 

required shall be determined and transferred to the 

contactors. The GAC shall be backwashed after the last 

amount of media is installed necessary to provide a 

finished GAC level, backwashed and drained. 

4.6.3.4. If, in the opinion of Loudoun Water, the transfer 

method used by the Vendor is creating excessive fines, 




the transfer method shall be modified to reduce the 

amount of fines. Dry GAC transfer will not be permitted. 

4.6.3.5. Truck delivery tickets and copies of all manufacturer 

representative field service notes shall be handed to 

Loudoun Water daily. The Vendor shall also keep 

records that include GAC lot numbers, load numbers, 

and the contactor number and cell in which GAC is 

installed. 

4.7. Manufacturer’s Services 

4.7.1. A manufacturer’s technical representative shall be at the job site 

for a minimum of one (1) working day before the first scheduled 

delivery of GAC for a site visit and coordination meetings. 

4.7.2. A manufacturer’s technical representative shall be present at the 

job site for a minimum of fourteen (14) business working days. 

The representative shall be present continuously during removal 

of the spent GAC and installation of the new GAC for 

coordination, removal, installation, supervision, inspection and 

certification of the installation. 

4.7.3. The manufacturer’s technical representatives shall have a 

minimum of two (2) years experience during the past five (5) 

years in GAC media installation. 

5. BID PREPARATION AND SUBMISSION INSTRUCTIONS 

5.1. Loudoun Water seeks a qualified bidder that has the experience, 

qualifications and qualities to meet the specific project requirements 

described herein. Bids should be prepared simply and economically, 

providing straightforward, concise description of capabilities to satisfy the 

requirements of this IFB. Emphasis should be placed on completeness and 

clarity of content, and avoiding excessive content and unrelated work 

samples. 

5.2. In order to be considered for selection, Bidders must submit a complete 

response to this IFB. Bids which are substantially incomplete or lack key 

information may be rejected by Loudoun Water at its discretion. 

5.3. By submitting a bid in response to the IFB, the Bidder represents it has read 

and understands the IFB and has familiarized itself with all federal, state 

and local laws, ordinances, and rules and regulations that in any manner 

may affect the cost, progress, or performance of the resulting contract. 

5.4. Packaging Of Bids 

5.4.1. Bids are to be returned in a sealed envelope or container. Ensure 

that the bid container(s) is clearly, completely, and properly 

identified. The face of the container shall be sent to the attention 




of the Procurement Department and indicate the IFB number, 

2013-011-240; (time and date of public acceptance) June 11, 

2013, 2:00 p.m.; the title of the IFB, Granular Activated Carbon 

for Broad Run Water Reclamation Facility; Name of Bidder; and 

Bidder’s complete address. 

5.4.2. Each bidder shall submit one (1) original, three (3) copies, 

and (1) electronic copy on individual CD’s of their bid to 

Loudoun Water's Procurement Department as indicated on the 

cover sheet of this Invitation for Bid. The “original” bid and 

electronic disc shall be clearly marked. 

5.4.3. The original and each copy of the bid should be bound or 

contained in a single volume and include the electronic CD. 

5.5. Delivery of Bids 

5.5.1. Bids may either be mailed to and delivered or shipped to 44865 

Loudoun Water Way, Ashburn, Virginia 20147. They may NOT be 

received in electronic mail or facsimile. 

5.5.2. Bids must be received by the Procurement Department BEFORE 

June 11, 2013, 2:00 p.m. (Eastern Time). Requests for 

extensions of this time and date will not be granted. Bidders 

Bidder mailing their bids shall allow for normal mail time to 

ensure receipt of their bids by the Procurement Department prior 

to the time and date fixed for acceptance of the bids. Bids or 

unsolicited amendments to bids received by Loudoun Water after 

the acceptance date will not be considered. Bids will be publicly 

accepted and logged in at the time and date specified above. 

5.6. Withdrawal of Bids 

5.6.1. Bids may be withdrawn on written request from the Bidder at the 

address shown in the solicitation PRIOR to the time of 

acceptance. 

5.6.2. Negligence on the part of the Bidder in preparing the bid confers 

no right of withdrawal after the time fixed for the acceptance of 

the bids. 

5.7. Late Bids 

LATE bids will be returned to the Bidder UNOPENED, if Bidder’s return 

address is shown on the container as identified in Section 5.4 herein. 

5.8. Inclement Weather/Emergency Situation 

In the event that Loudoun Water’s Administrative Facility located at 44865 

Loudoun Water Way, Ashburn, Virginia is closed due to inclement weather 

and/or emergency situations on the day the IFB is due, IFB’s will be 




received the next “opened” business day at the time stated on the IFB 

solicitation. 

5.9. Questions and Inquiries 

Questions and inquiries are to be submitted in writing and will be accepted 

from any and all Bidders. The Procurement Department is the sole point of 

contact for this solicitation unless otherwise instructed herein. Unauthorized 

contact with other Loudoun Water staff regarding the IFB may result in the 

disqualification of the Bidder. Inquiries pertaining to the IFB must give the 

IFB number, title and acceptance date. Material questions will be answered 

in writing with an Addendum provided, however, that all questions are 

received BEFORE June 4, 2013, at 2:00 p.m. (Eastern Time). It is the 

responsibility of all Bidders to ensure that they have received all Addenda. 

Addenda can be downloaded from www.loudounwater.org. All questions 

regarding this IFB should be directed to the Procurement Department, 

through e-mail at procurement@loudounwater.org. 

5.10. Contents of Bids 

5.10.1. The Bidder is required to submit the following items as a 

complete bid. The bid is to be organized into the following 

categories and section tabs: 

5.10.2. Business Identification – State name of individual or business, 

including sub-consultants, address of home and branch offices, 

nature of the organization (individual partnership, or corporation; 

private or public; profit or non-profit) and the number of 

employees. Identify the state in which the bidder is incorporated 

or chiefly located. Include name, title, and telephone number of 

person(s) in your organization authorized to negotiate the 

proposed contract and bind your company. Complete Appendix 

A.1 – Bidder Identification and Ownership Disclosure. 

5.10.3. References – Provide at least five (5) project references 

describing your bidder’s experience with projects similar in scope 

to this IFB. Also provide the dates of contract, client contact 

name, and phone number for each reference. Complete 

Appendix A.2 – Contract Data Form. 

5.10.4. Lump Sum Price – Provide a price quote based on the Scope of 

Services and the Project Requirements as outlined in this IFB. 

Complete Appendix A.5 -Lump Sum Pricing Bid Form. 

5.10.5. IFB Attachments – All attachments to the Invitation for Bid 

requiring execution by the bidder are to be completed and 

returned with the bid. They include in order of appearance: 




5.10.5.1. Appendix A.1-Identification and Ownership Disclosure, 

5.10.5.2. Appendix A.2-Loudoun Water Contractor Date Form, 

5.10.5.3. Appendix A.3-Proprietary Information, 

5.10.5.4. Appendix A.4-Cooperative Agreement (Rider), 

5.10.5.5. Appendix A.5-Lump Sum Pricing Bid Form 

5.10.6. Signatures – All Bids must be signed in ink by the individual or 

authorized principals of the Contractor. 

6. EVALUATION AND AWARD CRITERIA 

Loudoun Water will determine, at its sole discretion, to award this contract. Award 

will be made to the responsive bid that is based on consideration of the factors 

requested herein including lowest lump sum cost. 

7. GENERAL TERMS AND CONDITIONS 

7.1. Procedures 

7.1.1. The extent and character of the services to be performed by the 

Bidder shall be subject to the general control and approval of 

Loudoun Water’s General Manager or his authorized 

representative. Any change to the contract must be approved in 

writing by the Procurement Department and the Bidder. 

7.1.2. The successful Bidder is prohibited from assigning, transferring, 

conveying, subletting, or otherwise disposing of this agreement or 

its rights, title or interest therein or its power to execute such 

agreement to any other person, company or corporation without 

the prior consent and approval in writing by Loudoun Water. 

7.1.3. As a prerequisite, the successful Contractor must sign a standard 

contract provided by Loudoun Water. 

7.1.4. Term of Contract 

7.1.4.1. The term of this contract shall cover the period of one 

(1) year from contract execution date. This contract 

will be awarded for a one (1) year term with four (4) 

successive, one-year renewal options, under the same 

terms and conditions. 

7.1.4.2. If price adjustments are requested pursuant to the 

terms of the contract, the vendor/contractor must 

notify the Loudoun Water Procurement Department 

ninety (90) days prior to the current terms expiration 

date. Notice of Intent to Renew will be given to the 


For BRWRF 10 IFB No. 2013-011-240


Contractor in writing by Loudoun Water, normally sixty 

(60) days before the expiration date of the current 

contract. 

7.1.5. The Contractor must maintain the insurance coverages required 

by Loudoun Water while this contract is in force, including 

automatic renewal terms, and shall provide documentation of 

such insurance in a form satisfactory to Loudoun Water. 

7.2. Escalation & Deceleration 

7.2.1. All prices offered herein shall be firm against any increase for one 

(1) year from the effective date of the contract. Prior to 

commencement of subsequent renewal terms, Loudoun Water 

may entertain a request for escalation in accordance with the 

current Consumer Price Index at the time of the request or up to 

a maximum 4% increase on the current pricing, whichever is 

lower. 

7.2.2. For purposes of this section, “Consumer Price Index” shall mean 

the Consumer Price Index-All Urban Consumers-United States 

Average-All Items (CPI-U), as published by the United States 

Department of Labor, Bureau of Labor Statistics. 

7.2.3. Loudoun Water reserves the right to accept or reject the request 

for a price increase within fourteen (14) days. If the price 

increase is approved, the price will remain firm for 365 days from 

the date of the increase. 

7.3. Applicable Laws 

This contract shall be governed in all respects by the laws of the 

Commonwealth of Virginia. Any action or proceeding arising out of or 

related to the Contract shall be brought only in the courts competent 

jurisdiction in the Commonwealth of Virginia, County of Loudoun. 

7.4. Ethics in Public Contracting 

7.4.1. The provisions contained in Sections 2.2-4367 through 2.2-4377 

of the Virginia Public Procurement Act as set forth in the 1950 

Code of Virginia, as amended, shall be applicable to all contracts 

solicited or entered into by Loudoun Water. 

7.4.2. The above-stated provisions supplement, but do not supersede, 

other provisions of law including, but not limited to, the Virginia 

State and Local Government Conflict of Interest Act (Section 2.2- 

3100 et seq.), the Virginia Governmental Frauds Act (Section 

18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 

18.2. The provisions apply notwithstanding the fact that the 


For BRWRF 11 IFB No. 2013-011-240


conduct described may not constitute a violation of the Virginia 

State and Local Government Conflict of Interests Act. 

7.5. Notice of Required Disability Legislation Compliance 

7.5.1. Loudoun Water is required to comply with state and federal 

disability legislation: The Rehabilitation Act of 1973 Section 504, 

The Americans with Disabilities Act (ADA) for 1990 Title II and 

The Virginians with Disabilities Act of 1990. 

7.5.2. Specifically, Loudoun Water may not, through its contractual 

and/or financial arrangements, directly or indirectly avoid 

compliance with Title II of the Americans with Disabilities Act, 

Public Law 101-336, which prohibits discrimination on the basis of 

disability by public entities. Subtitle A protects qualified 

individuals with disability from discrimination on the basis of 

disability in the services, programs, or activities of all State and 

local governments. It extends the prohibition of discrimination in 

federally assisted programs established by the Rehabilitation Act 

of 1973 Section 504 to all activities of State and local 

governments, including those that do not receive Federal financial 

assistance, and incorporates specific prohibitions of discrimination 

on the basis of disability in Titles I, III, and V of the Americans 

with Disabilities Act. The Virginians with Disabilities Act of 1990 

follows the Rehabilitation Act of 1973 Section 504. 

7.6. Immigration Reform and Control Act of 1986 

By entering this Contract, the Contractor certifies that it does not and will 

not during the performance of this Contract violate the provisions of the 

Federal Immigration Reform and Control Act of 1986, which prohibits 

employment of illegal aliens. 

7.7. Insurance 

The successful Bidder shall provide and maintain the following minimum 

limits of insurance coverage during the period of performance required 

under a contract resulting from this IFB: 

7.7.1. Comprehensive General Liability. Coverage shall be as broad as: 

Comprehensive General Liability endorsed to include Broad Form, 

Commercial Liability form to include Products/Completed 

Operations. 

7.7.1.1. $1,000,000 Bodily Injury per occurrence 

7.7.1.2. $1,000,000 General Aggregate Limit 

7.7.1.3. $1,000,000 Property Damage per occurrence and 

aggregate 

7.7.1.4. $1,000,000 Products & Completed Operations 

7.7.1.5. Personal and Advertising Injury Liability 


For BRWRF 12 IFB No. 2013-011-240


7.7.1.6. $50,000 Fire Damage Limit 

7.7.1.7. $5,000 Medical Expense Limit 

7.7.2. Comprehensive Automobile Liability. Coverage sufficient to cover 

all vehicles owned, used hired, or non-owned by the Contractor, 

his agents, representatives, employees or subcontractors. 

7.7.2.1. $1,000,000 Combined Single Limits 

7.7.2.2. Statutory Uninsured Motorist Coverage 

7.7.2.3. Hired, Owned, Used and Non-Owned Coverage 

7.7.2.4. Motor Carrier Act Endorsement 

7.7.3. Worker's Compensation and Employer's Liability 

7.7.3.1. Statutory Coverage for Virginia – Limits by the Workers’ 

Compensation Act of Virginia 

7.7.3.2. $1,000,000 Employer's Liability 

7.7.3.3. $1,000,000 Bodily Injury by Accident 

7.7.3.4. $1,000,000 Bodily Injury by Disease 

7.7.3.5. $1,000,000 Policy Limit Bodily by Disease 

7.7.4. Umbrella / Excess Liability – Additional $ 1,000,000 liability 

coverage over the primary limits for Comprehensive General 

Liability, Comprehensive Automobile Liability, and the Employer's 

Liability – Errors and Omissions Insurance – Not less than 

$5,000,000 limit. Offeror shall provide limits commensurate with 

the responsibilities of their work, as determined by Loudoun 

Water in its reasonable judgment. 

7.7.5. Coverage Provisions 

7.7.5.1. All deductibles shall appear on the certificate(s). 

7.7.5.2. Loudoun Water, its officers/officials, employees, agents 

and volunteers shall be added as “additional insured” as 

their interests may appear. This provision does not 

apply to Professional Liability or Workers’ 

Compensation/Employers’ Liability. 

7.7.5.3. The Offerors insurance shall be primary over any 

applicable insurance or self-insurance maintained by 

Loudoun Water. 

7.7.5.4. Shall provide thirty (30) days written notice to Loudoun 

Water before any cancellation, suspension, or void of 

coverage in whole or part, where such provision is 

reasonable. 

7.7.5.5. All coverage’s for subcontractors of the Offeror shall be 

subject to all of the requirements stated therein. 

7.7.5.6. All deductibles of self-insured retention shall appear on 

the certificate(s) and shall be subject to approval by 

Loudoun Water. At the option of Loudoun Water, 


For BRWRF 13 IFB No. 2013-011-240


either; the insurer shall reduce or eliminate such 

deductible or self-insured retention; or the Offeror shall 

be required to procure a bond guaranteeing payment of 

losses and related claims expenses. 

7.7.5.7. Failure to comply with any reporting provisions of the 

policy(ies) shall not affect coverage provided Loudoun 

Water, its officers/officials, agents, employees and 

volunteers. 

7.7.5.8. The insurer shall agree to waive all rights of 

subrogation against Loudoun Water, its 

officers/officials, agents, employees and volunteers for 

any act, omission or condition of premises, which the 

parties may be held liable by reason of negligence. 

7.7.5.9. The successful Offeror shall furnish Loudoun 

Water Certificates of Insurance including 

endorsements affecting coverage. The certificates 

are to be signed by a person authorized by the 

insurance company(ies) to bind coverage on its behalf, 

is executed by a broker, notarized copy of authorization 

to bind, or certify coverage must be attached. 

7.7.5.10. All insurance shall be placed with insurers maintaining 

an A.M. Best rating of no less than A-:VII. If A.M. Best 

rating is less than A-:VII, approval must be received by 

Loudoun Water’s Manager of Procurement and Risk. 

7.7.5.11. The policy must be with an insurer licensed to do 

business in the Commonwealth of Virginia. 

7.7.5.12. A forty-five (45) day notice of cancellation, non-renewal, 

or change in the insurance coverage must be provided. 

7.8. Not To Benefit 

As a prerequisite for payment pursuant to the terms of this contract, there 

shall be furnished to Loudoun Water a statement, that no employee of 

Loudoun Water, or members of his immediate family, including spouse, 

parents or children has received or has been promised, directly or indirectly, 

any financial benefit, by way of fee, commission, finder's fee or in any other 

manner, remuneration arising from or directly or indirectly related to a 

contract resulting from this IFB. 

7.9. Licensure 

To the extent required by the Commonwealth of Virginia (see §54.1-1100 et 

seq. of the Code of Virginia), the Contractor shall be duly licensed to 

perform the services required to be delivered pursuant to any resulting 

agreement. These licenses shall include, but are not limited to: Business, 

Professional and Occupational Licensing (BPOL) and Contractor’s Licenses 

(if applicable). 


For BRWRF 14 IFB No. 2013-011-240


7.10. Exemption from Taxes 

Loudoun Water is exempt from, and will not pay any, federal, state or local 

taxes which may be applicable to the transactions contemplated by this 

Agreement, including without limitation any Federal Excise Tax, 

Transportation Tax or VA Sales and Use Tax. 

7.11. Substitutions 

NO substitutions, including key personnel, or cancellations permitted after 

award without written approval by Loudoun Water’s Manager of 

Procurement and Risk. 

7.12. Drug-free Workplace 

Every contract of over $10,000 shall include the following provisions: 

7.12.1. During the performance of this contract, the Bidder agrees to (i) 

provide a drug-free workplace for the Bidder’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 including marijuana is prohibited 

in the Bidder’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 behalf of the Bidder that the Bidder maintains a drug-free 

workplace; and (iv) include the provisions of the foregoing 

clauses in every subcontract or purchase order over $10,000 so 

that the provisions will be binding upon each subcontractor or 

vendor. 

7.12.2. For the purpose of this section, “drug-free workplace” means a 

site for the performance of work done in connection with a 

specific contract awarded to an Bidder in accordance with this 

chapter, the employees of whom are prohibited from engaging in 

the unlawful manufacture, sale, distribution, dispensation, 

possession, or use of a controlled substance including marijuana 

during the performance of the contract. 

7.13. Addendum and Supplement to Request 

If it becomes necessary to revise any part of this request or if additional 

information is necessary to enable an exact interpretation of provisions of 

this request, an addendum will be issued to the same distribution list as the 

original IFB. It is the responsibility of the Bidder to ensure that he or she 

has received all addenda prior to submitting a bid. 

7.14. Proprietary Information 

It is the responsibility of each Bidder to clearly mark any part of his bid 

considered to be of PROPRIETARY OR CONFIDENTIAL NATURE. Bidders 


For BRWRF 15 IFB No. 2013-011-240


shall not mark sections of their bid as PROPRIETARY OR CONFIDENTIAL if 

they are to be part of the award of the contract and are of a "Material" 

nature. 

7.15. Authority to Bind Bidder in Contract 

Bids MUST give full legal name and address of Bidder. Failure to manually 

sign bid may disqualify it. Person signing the bid should show TITLE or 

AUTHORITY TO BIND SAID BIDDER IN A CONTRACT. 

7.16. Rights of Loudoun Water 

Loudoun Water reserves the right to accept or reject all or any part of any 

bid, waive informalities and award the contract to best serve the interest of 

Loudoun Water. 

7.17. Prohibition as Subcontractors 

No Bidder who is permitted to withdraw a bid shall, for compensation, 

supply any material or labor to or perform any subcontract or other work 

agreement for the person or bidder to whom the contract is awarded or 

otherwise benefit, directly or indirectly, from the performance of the project 

for which the withdrawn bid was submitted. 

7.18. Deviations from Scope of Services 

If there is any deviation from that described in the Scope of Services, the 

appropriate line in the Scope of Services shall be ruled out and the 

substitution clearly indicated. Loudoun Water reserves the right to 

determine the responsiveness of any deviation. 

7.19. Protest 

Bidders may refer to Sections 2.2-4357 through 2.2-4364 of the Code of 

Virginia to determine their remedies concerning this competitive process. 

7.20. Non-Discrimination 

7.20.1. Loudoun Water does not discriminate against faith-based 

organizations. 

7.20.2. During the performance of the Purchase Order, Contractor agrees 

as follows: 

7.20.2.1. Contractor will not discriminate against any employee 

or applicant for employment because of race, religion, 

color, sex, national origin, age, disability, or 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 Contractor. Contractor agrees to 

post in conspicuous places, available to employees and 


For BRWRF 16 IFB No. 2013-011-240


applicants for employment, notices setting forth the 

provisions of this nondiscrimination clause. 

7.20.2.2. Contractor, in all solicitations or advertisements for 

employees placed by or on behalf of Contractor, will 

state that Contractor is an equal opportunity employer. 

7.20.2.3. Notices, advertisements, and solicitations placed in 

accordance with federal laws, rules, or regulations shall 

be deemed sufficient for the purpose of meeting the 

requirements of this Section 7.20.2. 

7.20.3. Contractor will include the provisions of the foregoing Sections 

7.20.4 through 7.20.8 in every subcontract, sub-consulting 

agreement and Purchase Order over $10,000, in order that the 

provisions above will be binding upon each subcontractor, subconsultant 

and vendor. 

7.20.4. Notice of Required Disability Legislation Compliance: Loudoun 

Water is required to comply with state and federal disability 

legislation: The Rehabilitation Act of 1973 Section 504, The 

Americans with Disabilities Act (ADA) of 1990, as amended, and 

The Virginians with Disabilities Act of 1990. Specifically, Loudoun 

Water, may not, through its contractual and/or financial 

arrangements, directly or indirectly avoid compliance with Title II 

of the Americans with Disabilities Act, Public Law 101-336, which 

prohibits discrimination by public entities on the basis of disability. 

Subtitle A protects qualified individuals with disability from 

discrimination on the basis of disability in the services, programs, 

or activities of all State and local governments. It extends the 

prohibition of discrimination in federally assisted programs 

established by the Rehabilitation Act of 1973 Section 504 to all 

activities of State and local governments, including those that do 

not receive Federal financial assistance, and incorporates specific 

prohibitions of discrimination on the basis of disability in Titles I, 

III, and V of the Americans with Disabilities Act. The Virginians 

with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 

Section 504. 

7.20.5. A faith-based organization contracting with Loudoun Water (i) 

shall not discriminate against any recipient of goods, services, or 

disbursements made pursuant to a contract authorized by this 

section 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 (ii) 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 


For BRWRF 17 IFB No. 2013-011-240


accounts, only the accounts and programs funded with public 

funds shall be subject to audit by the public body. Nothing in 

clause (ii) shall be construed to supersede or otherwise override 

any other applicable state law. 

7.20.6. Consistent with the Personal Responsibility and Work Opportunity 

Reconciliation Act of 1996, P.L. 104-193, funds provided for 

expenditure pursuant to contracts with public bodies shall not be 

spent for religious worship, instruction, or proselytizing; however, 

this prohibition shall not apply to expenditures pursuant to 

contracts, if any, for the services of chaplains. 

7.20.7. Nothing in this section shall be construed as barring or prohibiting 

a faith-based organization from any opportunity to make a bid or 

bid or contract on the grounds that the faith-based organization 

has exercised the right, as expressed in 42 U.S.C. (§ 2000 e-1 et 

seq.), to employ persons of a particular religion. 

7.20.8. Loudoun Water shall provide to each individual who applies for or 

receives goods, services, or disbursements provided pursuant to a 

contract between it and a faith-based organization a notice in 

bold face type that states: "Neither the public body's selection of 

a charitable or faith-based provider of services nor the 

expenditure of funds under this contract is an endorsement of the 

provider's charitable or religious character, practices, or 

expression. No provider of services may discriminate against you 

on the basis of religion, a religious belief, or your refusal to 

actively participate in a religious practice. If you object to a 

particular provider because of its religious character, you may 

request assignment to a different provider. If you believe that 

your rights have been violated, please discuss the complaint with 

your provider or notify the appropriate person as indicated in this 

form." 

7.21. Antitrust 

By entering into a contract, the Contractor conveys, sells, assigns, and 

transfers to Loudoun Water all rights, title and interest in and to all causes 

of the action it may now have or hereafter acquire under the antitrust laws 

of the United States and Loudoun Water, relating to the particular goods or 

services purchased or acquired by Loudoun Water under said contract. 

7.22. Qualifications of Bidders 

Loudoun Water may make such reasonable investigations as deemed proper 

and necessary to determine the ability of the Bidder to furnish the goods 

and the Bidder shall furnish to Loudoun Water all such information and data 

for this purpose as may be requested. Loudoun Water reserves the right to 


For BRWRF 18 IFB No. 2013-011-240


inspect Bidder's physical facilities prior to award to satisfy questions 

regarding the Bidder's capabilities. Loudoun Water further reserves the 

right to reject any bid if the evidence submitted by, or investigations of, 

such Bidder fails to satisfy Loudoun Water that such Bidder is properly 

qualified to carry out the obligations of the contract and to furnish the 

goods contemplated therein. 

7.23. Assignment of Contract 

A contract shall not be assignable by the Contractor in whole or in part 

without the written consent of Loudoun Water. 

7.24. Modifications or Changes to this Contract 

7.24.1. Change Orders. The Manager of Procurement and Risk, with the 

concurrence of Loudoun Water’s signatory to this Contract, shall 

without notice to any sureties, have the authority to order 

changes in this Contract which affect the cost or time of 

performance. Such changes shall be ordered in writing 

specifically designated to be a change order. Such orders shall be 

limited to reasonable changes in the services to be performed or 

the time of performance; provided that no Contractor shall be 

excused from performance under the then changed Contract by 

failure to agree to such changes, and it is the express purpose of 

this provision to permit unilateral changes in the Contract subject 

to the conditions and limitations herein. 

7.24.2. The Contractor need not perform any work described in any 

change order unless they have received a certification from 

Loudoun Water that there are funds budgeted and appropriated 

sufficient to cover the cost of such changes. 

7.24.3. The Contractor shall make a demand for payment for changed 

work within thirty (30) days of receipt of a change order, unless 

such time period is extended in writing, or unless the Manager of 

Procurement and Risk required submission of a cost bid prior to 

the initiation of any changed work or supplies. Later notification 

shall not bar the honoring of such claim or demand unless 

Loudoun Water is prejudiced by such delay. 

7.24.4. No claim for changes ordered hereunder shall be considered if 

made after final payment in accordance with the Contract. 

7.25. Default 

In case of failure to deliver goods or services in accordance with this IFB 

terms and conditions, Loudoun Water, after due oral or written notice, may 

procure them from other sources and hold the Contractor responsible for 


For BRWRF 19 IFB No. 2013-011-240


any resulting additional purchase and administrative costs. This remedy 

shall be in addition to any other remedies which Loudoun Water may have. 

7.26. Safety 

All contractors and subcontractors performing services for Loudoun Water 

are required and shall comply with all Occupational Safety and Health 

Administration (OSHA), State and County Safety and Occupational Health 

Standards and any other applicable rules and regulations. Also all 

contractors and subcontractors shall be held responsible for the safety of 

their employees and any unsafe acts or conditions that may cause injury or 

damage to any persons or property within and around the work site area 

under this contract. 

8. SPECIAL TERMS AND CONDITIONS 

8.1. Audit 

8.1.1. The Bidder agrees that Loudoun Water, or any duly authorized 

representative, shall, until the expiration of five (5) years after 

final payment hereunder, have access to and the right to examine 

and copy any directly pertinent books, documents, papers and 

records of the Contractor involving transactions related to this 

Contract. 

8.1.2. The Contractor further agrees to include in any subcontract for 

more than $10,000 entered into as a result of this Contract, a 

provision to the effect that the subcontractor agrees that 

Loudoun Water or any duly authorized representative shall, until 

the expiration of five (5) years after final payment under the 

subcontract, have access to and the right to examine and copy 

any directly pertinent books, documents, papers and records of 

such Contractor involved in transactions related to such 

subcontract, or this Contract. The term subcontract as used 

herein shall exclude subcontracts or purchase orders for public 

utility services at rates established for uniform applicability to the 

general public. 

8.1.3. The period of access provided in subparagraphs 9.1.1 and 9.1.2 

above for records, books, documents and papers which may 

relate to any arbitration, litigation, or the settlement of claims 

arising out of the performance of this contract or any subcontract 

shall continue until any appeals, arbitration, litigation, or claims 

shall have been finally disposed of. 

8.2. Criminal Background Check 


For BRWRF 20 IFB No. 2013-011-240


The Contractor shall submit the names, social security numbers, and other 

information of its employees when requested. This information will only be 

used by Loudoun Water to obtain nation-wide criminal background checks 

when Loudoun Water in its sole discretion, determines it necessary for 

reasons of security or confidentiality. These background checks, when 

requested, will be performed at Loudoun Water’s expense. 

8.3. Confidentiality & Security, as Applicable 

8.3.1. As part of the contract Loudoun Water may provide to successful 

Bidder documents and data files considered confidential. It is the 

successful Bidder’s responsibility to secure access to these data, 

all maps, and all products derived thereby, and to treat said 

documents and data as confidential and may not be copied or 

distributed without Loudoun Water’s prior written permission. 

8.3.2. The Contractor shall not copy, display to other parties, or 

distribute Loudoun Water data, information, reports, or other 

materials given to, prepared or assembled by the Contractor 

without the express written permission of Loudoun Water. 

8.3.3. The Contractor shall not copy, display to other parties, or 

distribute Loudoun Water owned programs, proprietary data or 

information without the express written permission from Loudoun 

Water. 

8.3.4. The Contractor shall use only Loudoun Water approved access 

technologies for remote access to Loudoun Water networks, 

servers, and applications. The Contractor shall access Loudoun 

Water networks, servers, and applications only for business 

reasons associated with the provisions of services to Loudoun 

Water. 

8.3.5. The Contractor shall use hardened passwords for all access 

related to Loudoun Water networks, servers, and applications. 

Such passwords shall contain at least eight (8) characters, and 

shall contain at least one (1) each: alpha character, numeric 

character and special character. 

8.3.6. Hardware operating system software and applications software 

provided through this Contract shall be provided with all known 

security vulnerability patches applied. 

8.4. Termination 

8.4.1. Termination for Convenience 

8.4.1.1. The parties agree that Loudoun Water may terminate 

this Contract, or any work or delivery required 


For BRWRF 21 IFB No. 2013-011-240


hereunder, from time to time either in whole or in part, 

whenever Loudoun Water’s General Manager shall 

determine that such termination is in the best interest 

of Loudoun Water. 

8.4.1.2. Termination, in whole or in part, shall be effected by 

delivery of a Notice of Termination signed by Loudoun 

Water General Manager or his designee, mailed or 

delivered to the Contractor, and specifically setting 

forth the effective date of termination. 

8.4.1.3. Upon receipt of such Notice, the Contractor shall: 

8.4.1.3.1. cease any further deliveries or work due 

under this Contract, on the date, and to 

the extent, which may be specified in the 

Notice; 

8.4.1.3.2. place no further orders with any 

subcontractors except as may be 

necessary to perform that portion of this 

Contract not subject to the Notice; 

8.4.1.3.3. terminate all subcontracts except those 

made with respect to contract 

performance not subject to the Notice; 

8.4.1.3.4. settle all outstand liabilities and claims 

which may arise out of such termination, 

with the ratification of the Manager of 

Procurement and Risk of Loudoun Water; 

and 

8.4.1.3.5. use its best efforts to mitigate any 

damages which may be sustained by him 

as a consequence of termination under 

this clause. 

8.4.1.4. After complying with the provisions of subparagraph 

8.4.1.3.3, above, the Contractor shall submit a 

termination claim, in no event later than six (6) months 

after the effective date of their termination, unless one 

or more extensions of three (3) months each are 

granted by the Manager of Procurement and Risk. 

8.4.1.5. The Manager of Procurement and Risk, with the 

approval of Loudoun Water’s signatory to this Contract, 

shall pay reasonable costs of termination, including a 

reasonable amount for profit on supplies or services 

delivered or completed. In no event shall this amount 

be greater than the original contract price, reduced by 

any payments made prior to Notice of Termination, and 

further reduced by the price of the supplies not 

delivered and the service not provided. This Contract 


For BRWRF 22 IFB No. 2013-011-240


shall be amended accordingly, and the Contractor shall 

be paid the agreed amount. 

8.4.1.6. In the event that the parties cannot agree on the whole 

amount to be paid to the Contractor by reason of 

termination under this clause, the Manager of 

Procurement and Risk shall pay to the Contractor the 

amounts determined as follows, without duplicating any 

amounts which may have already been paid under the 

preceding paragraph of this clause: 

8.4.1.6.1. with respect to all Contract performance 

prior to the effective date of Notice of 

Termination, the total of: 

8.4.1.6.1.1. cost of work performed or 

supplies delivered; 

8.4.1.6.1.2. the cost of settling and 

paying any reasonable 

claims as provided in 

Paragraph 8.4.1.3.1, above; 

8.4.1.6.1.3. a sum as profit determined 

by the Manager of 

Procurement and Risk to be 

fair and reasonable. 

8.4.1.6.2. With respect to all Contract performance 

prior to the effective date of Notice of 

Termination the total sum to be paid 

under Paragraph 8.4.1.6.1,above shall not 

exceed the contract price, as reduced by 

the amount of payments otherwise made, 

and as further reduced by the contract 

price of work or supplies not terminated. 

8.4.1.7. In the event that the Contractor is not satisfied with 

any payments which the Manager of Procurement and 

Risk shall determine to be due under this clause, the 

Contractor may appeal any claim to the General 

Manager in accordance with Section 8.7 of this contract 

concerning Disputes. 

8.4.1.8. When termination for the convenience of Loudoun 

Water is a provision of this Contract, the Contractor 

shall include similar provisions in any subcontract, and 

shall specifically include a requirement that 

subcontractors make all reasonable efforts to mitigate 

damages which may be suffered. Failure to include 

such provision shall bar the Contractor from any 

recovery from Loudoun Water whatsoever of loss or 

damage sustained by a subcontractor as a consequence 

of termination for convenience. 


For BRWRF 23 IFB No. 2013-011-240


8.4.2. Termination for Failure to Perform Obligations or Default. 

8.4.2.1. Failure to Perform Obligations. Either party may 

terminate this Contract, without further obligation, in 

the event the other party or its agents or employees 

have failed to perform any obligation required to be 

performed under this Contract and such failure is not 

corrected within thirty (30) days after receipt of written 

notice advising of such failure from the other party. 

8.4.2.2. Default. Each of the following events shall constitute a 

default by the Contractor for purpose of the Contract 

(each of which shall entitle Loudoun Water to terminate 

for default in accordance with this subsection): (a) any 

bankruptcy proceeding by or against the Contractor or 

the appointment of a trustee for the benefit of 

creditors; (b) assignment or subcontracting of all or any 

part of the Contract without Loudoun Water’s prior 

written consent. In the event the Contractor does not 

cure any such default within a period of five (5) 

business days after receipt of written notice thereof 

from Loudoun Water, or such longer period as Loudoun 

Water may authorize in writing, then Loudoun Water 

may give written notice to the Contractor to terminate 

the Contract or any part thereof. In the event of 

termination for default, Loudoun Water shall not be 

liable to the Contractor for payment of any amount 

beyond the value of any conforming goods and services 

shipped or received and accepted by Loudoun Water, 

less damages suffered by Loudoun Water. 

8.4.3. Termination for Non-Appropriation of Funds. 

8.4.3.1. If funds are not appropriated for any succeeding fiscal 

year subsequent to the one in which this Contract is 

entered into, for the purposes of this Contract, then 

Loudoun Water may terminate this Contract upon thirty 

(30) days prior written notice to the Contractor. Should 

termination be accomplished in accordance with this 

Section, Loudoun Water shall be liable only for 

payments due through the date of termination. 

8.4.3.2. Loudoun Water agrees that should it terminate in 

accordance with this Section, it shall not obtain services 

which are substantially equal to or similar to those for 

which this resulting Contract was entered into. This 

provision shall survive any termination of the Contract. 

8.5. Identification of Bid Envelope 


For BRWRF 24 IFB No. 2013-011-240


The signed bid should be returned in a separate envelope or package, 

sealed and identified as follows: 

From: _______ June 11, 2013 2:00 p.m. 

Name of Bidder Due Date and Time 

Street or Box Number 

_____ 

City, State, Zip Code 

IFB No. & Title: 2013-011-240: Granular Activated Carbon for Broad 

Run Water Reclamation Facility 

Attention: Procurement Department. 

No other correspondence should be placed in the envelope. 

8.6. Indemnification 

The Bidder shall, during the term of the contract including any warranty 

period, indemnify, defend, and hold harmless Loudoun Water, its officials, 

employees, agents, and representatives thereof from all suits, actions, or 

claims of any kind, including attorney's fees, brought on account of any 

personal injuries, damages, or violations of rights, sustained by any person 

or property in consequence of any neglect in safeguarding contract work or 

on account of any act or omission by the Bidder or his employees, or from 

any claims or amounts arising from violation of any law, bylaw, ordinance, 

regulation or decree. The Bidder agrees that this clause shall include claims 

involving infringement of patent or copyright. 

8.7. Contractual Disputes 

The Bidder shall give written notice to the Manager of Procurement and 

Risk of his or her intent to file a claim for money or other relief within ten 

(10) calendar days of the occurrence or the beginning of the work upon 

which the claim is to be based, or when the Contractor submitted a 

Proposed Change Order (PCO), within ten (10) calendar days of the 

rejection of the Bidders’ PCO. 

The written claim shall be submitted to the Manager of Procurement and 

Risk no later than sixty (60) days after final payment. If the claim is not 

disposed of by agreement, the Manager of Procurement and Risk shall 

reduce his/her decision to writing and mail or otherwise forward a copy 

thereof to the Bidder within thirty (30) days of receipt of the claim. The 

Manager of Procurement and Risk decision shall be final unless the Bidder 

appeals within thirty (30) days by submitting a written letter of appeal to 


For BRWRF 25 IFB No. 2013-011-240


the General Manager, or his designee. The General Manager shall render a 

decision within sixty (60) days of receipt of the appeal. 

Failure of Loudoun Water to render a decision within the time frames 

outlined above shall not result in the Offeror being awarded the relief 

claimed or in any other relief of penalty. The sole remedy for Loudoun 

Water’s failure to render a decision within the time frames above shall be 

the Contractor’s right to institute immediate legal action. A failure of 

Loudoun Water to render a final decision within the above time frames shall 

be deemed a final decision denying the claim by Loudoun Water. The 

decision of the General Manger shall be final and conclusive unless the 

contractor appeals by instituting legal proceedings as provided in the Code 

of Virginia § 2.2-4364. 

8.8. State Corporation Commission Identification Number: 

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an Bidder organized 

or authorized to transact business in the Commonwealth pursuant to Title 

13.1 or Title 50 is required to include in its bid or bid the identification 

number issued to it by the State Corporation Commission (SCC). Any Bidder 

that is not required to be authorized to transact business in the 

Commonwealth as a foreign business entity under Title 13.1 or Title 50 or 

as otherwise required by law is required to include in its bid or bid a 

statement describing why the Bidder is not required to be so authorized. 

Indicate the above information on the SCC Form provided. Contractor 

agrees that the process by which compliance with Titles 13.1 and 50 is 

checked during the solicitation stage (including without limitation the SCC 

Form provided) is streamlined and not definitive, and Loudoun Water’s use 

and acceptance of such form, or its acceptance of Contractor’s statement 

describing why the Bidder was not legally required to be authorized to 

transact business in the Commonwealth, shall not be conclusive of the issue 

and shall not be relied upon by the Contractor as demonstrating 

compliance. 

8.9. Invoicing and Payment Method 

8.9.1. The bidder shall submit invoices to include a detailed breakdown 

of all charges. Invoices shall be based upon completion of tasks 

or deliverables and shall include progress reports. 

8.9.2. All such invoices will be paid promptly by Loudoun Water unless 

any items thereon are questioned, in which event payment will be 

withheld pending verification of the amount claimed and the 

validity of the claim. The bidder shall provide complete 

cooperation during any such investigation. All invoices shall 

reference the contract number, IFB 2013-011-240 and 

Purchase Order Number; and shall be forwarded to the 

following address: 

Loudoun Water 


For BRWRF 26 IFB No. 2013-011-240


Attn: Accounts Payable 

44865 Loudoun Water Way 

Ashburn, VA 20147 

FinanceDept@loudounwater.org 

8.9.3. Individual Contractors shall provide their social security numbers, 

and proprietorships, partnerships, and corporations shall provide 

their federal employer identification number on the pricing form. 

8.10. Payments to Subcontractors 

8.10.1. Within seven (7) days after receipt of amounts paid by Loudoun 

Water for work performed by a subcontractor under this contract, 

the Contractor shall either: 

8.10.1.1. Pay the Subcontractor for the proportionate share of 

the total payment received from Loudoun Water 

attributable to the work performed by the 

Subcontractor under this contract; or 

8.10.1.2. Notify Loudoun Water and Subcontractor, in writing, of 

his intention to withhold all or a part of the 

Subcontractor's payment and the reason for nonpayment. 

8.10.2. The Contractor shall pay interest to the Subcontractor on all 

amounts owed that remain unpaid beyond the seven (7) day 

period except for amounts withheld as allowed in item b. above. 

8.10.3. The Contractor shall include in each of its subcontracts a 

provision requiring each Subcontractor to include or otherwise be 

subject to the same payment and interest requirements as set 

forth above with respect to each lower-tier subcontractor. 

8.10.4. The Contractor's obligation to pay an interest charge to a 

Subcontractor pursuant to this provision may not be construed to 

be an obligation of Loudoun Water. 

8.11. Delays 

If delay is foreseen Contractor shall give thirty (30) days prior written notice 

to the Procurement Department. Loudoun Water has the right to extend 

the delivery date if reasons appear, in the sole discretion of Loudoun Water, 

to be valid. The Contractor must keep Loudoun Water advised at all times 

of status of order. Default in promised delivery (without accepted reasons) 

or failure to meet specifications, authorizes the Procurement Department to 

purchase supplies, equipment or services elsewhere and charge full increase 

in cost and handling to defaulting Contractor. 


For BRWRF 27 IFB No. 2013-011-240


8.12. Force Majeure 

Neither the Contractor nor Loudoun Water shall be responsible for any 

delay caused by a contingency beyond their control for a natural events 

and/or political and special events including, but not limited to, 

earthquakes, floods, fires, plagues, Acts of God , and other natural 

disasters, terrorism, riots or civil disturbances; war, whether declared or 

not; strikes (excluding strikes which are specific to the site or the project 

company or any of its subcontractors); nuclear or chemical contamination 

or requirements of governmental agencies other than Loudoun Water. 

8.13. Severability 

In the event that any provision shall be adjusted or decreed to be invalid, 

such ruling shall not invalidate the entire Agreement but shall pertain only 

to the provision in question and the remaining provisions shall continue to 

be valid, binding and in full force and effect. 

8.14. Bid Acceptance Period 

All bids submitted shall be valid for a minimum period of one hundred and 

twenty (120) calendar days following the date established for acceptance. 

8.15. Responsibility 

Loudoun Water will not be responsible for any expenses incurred by a 

Bidder in preparing and submitting a bid. All bids shall provide a straight 

forward, concise delineation of the Bidder's capabilities to satisfy the 

requirements of this request. Emphasis should be on completeness and 

clarity of content. 

8.16. Contraction Inclusion 

The contents of the bid submitted by the successful Bidder and this IFB will 

become part of any contract awarded as a result of the Scope of Services 

contained herein. The successful Bidder will be expected to execute a 

contract with Loudoun Water. 

8.17. Contractor’s Project Manager 

8.17.1. The Contractor’s designated Project Manager shall not be 

substituted without written approval by Loudoun Water’s 

Procurement Department. 

8.17.2. Loudoun Water, however, reserves the right to replace any 

Contractor assigned Project Manager or personnel who are 

considered unacceptable by Loudoun Water. Replacement 

personnel must meet or exceed the person(s) expertise assigned 

under this IFB and any resulting Contract/Agreement. 

8.17.3. The Contractor shall further agree to work in good faith to ensure 

satisfactory turnover and knowledge transfer from one person to 

other in the event of Loudoun Water approved personnel 


For BRWRF 28 IFB No. 2013-011-240


changes. The Contractor shall agree not to bill Loudoun Water for 

duplicate time used for circumstances where the replacement 

person(s) is being oriented and trained to Loudoun Water’s 

project. 

8.18. Workmanship and Inspection 

All work under this Contract shall be performed in a skillful and workmanlike 

manner. The Contractor and its employees shall be professional and 

courteous at all times. Loudoun Water may, in writing, require the 

Contractor to remove any employee from work for reasonable cause as 

determined by Loudoun Water. Further, Loudoun Water may, from time to 

time, make inspections of the work performed under the Contract. Any 

inspection by Loudoun Water does not relieve the Contractor from any 

responsibility in meeting the Contract requirements. 


For BRWRF 29 IFB No. 2013-011-240


APPENDIX A.1 – IDENTIFICATION AND OWNERSHIP DISCLOSURE 

(Must be completed and returned with Bid Submission) 

Granular Activated Carbon for Broad Run Water Reclamation Facility 

IFB Number: 2013-011-240 

SECTION I – COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE 

Company 

Address 

Contact Person 

Title 

Telephone No. Fax No. Email 

Organized under the laws of State of 

Principal place of business at 

Following list includes persons having ownership of 3% or more in the company (attach more 

sheets if necessary): 

Name 

__________________________ 

__________________________ 

__________________________ 

Address 

______________________________________ 

______________________________________ 

______________________________________ 

The Loudoun County Sanitation Authority requests, as a matter of policy, that any contractor 

receiving a contract of award resulting from an IFB issued by Loudoun Water shall make 

certification as specified below. Receipt of such certification, shall be a prerequisite to the award 

of contract and payment thereof. 

SECTION II - EMPLOYEES NOT TO BENEFIT 

I (we) hereby certify that if the contract is awarded to our bidder, partnership, or corporation, that no 

employee of the Loudoun County Sanitation Authority, or members of his/her immediate family, including 

spouse, parents or children has received or been promised, directly or indirectly, any financial benefit, by 

way of fee, commission, finder’s fee, political contribution or any similar form of remuneration on account 

of the act of awarding and/or executing this contract. 

SECTION III – CONFLICTS OF INTEREST 

This solicitation is subject to the provisions of VA Code Ann. Section 2.1-639.2 et. seq., the State and Local 

Government Conflict of Interests Act. The Vendor [ ] is [ ] is not aware of any information bearing on the 

existence of any potential organizational conflict of interest. 

SECTION IV – COLLUSION 

I certify that this offer is made without prior understanding, agreement, or connection with any 

corporation, bidder, or person submitting an offer for the same services, materials, supplies, or equipment 

and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the 

State and federal law and can result in fines, prison sentences, and civil damage awards. 

I hereby certify that the responses to the above representations, certifications, and other statements are 

accurate and complete. I agree to abide by all conditions of this IFB and certify that I am authorized to 

sign for my company. 

Signature 

Name (Printed) 

Date 

Title 


For BRWRF 30 IFB No. 2013-011-240


APPENDIX A.2 – LOUDOUN WATER CONTRACTOR DATA FORM 



IFB Number: 2013-011-240 

QUALIFICATIONS OF BIDDER: Contractor shall have the capability and capacity in all respects to fulfill the 

contractual requirements to the satisfaction of Loudoun Water. 

Indicate the length of time you have been in business as a company providing the type of commodity and 

service required for this contract. 

_______ years _______ months 

Provide a minimum of five (5) references that can substantiate past work performance and experience in 

the type of work required for this contract. Loudoun Water may make such investigations as it deems 

necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to 

Loudoun Water all such information and data for this purpose as Loudoun Water may request. 

1. Name of Business, City, County or Agency 

Mailing Address 

Contact 

Title 

Phone No. Fax No. 

Email Address 

Contract Amount $ 

Contract Dates 

Description of Work Performed 



Contact 

Phone No. 

Email Address 



Title 

Fax No. 




Contact 

Phone No. 

Email Address 



Title 

Fax No. 



For BRWRF 31 IFB No. 2013-011-240


LOUDOUN WATER CONTRACTOR DATA SHEET – Page 2 



IFB Number: 2013-011-240 



Contact 

Phone No. 

Email Address 



Title 

Fax No. 




Contact 

Phone No. 

Email Address 



Title 

Fax No. 




Contact 

Phone No. 

Email Address 



Title 

Fax No. 



For BRWRF 32 IFB No. 2013-011-240


APPENDIX A.3 - PROPRIETARY INFORMATION 



IFB Number: 2013-011-240 

Ownership of all data, materials, and documentation originated and prepared for the Owner pursuant to the 

INVITATION FOR BID shall belong exclusively to Loudoun Water and be subject to public inspection in accordance 

with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror 

shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Offeror must 

invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data 

or other material is submitted. The written notice must specifically identify the data or materials to be protected 

and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be 

identified by some distinct method such as highlighting or underlining and must indicate only the specific words, 

figures, or paragraphs that constitute trade secret or proprietary information. 

NOTICE OF PROPRIETARY INFORMATION 

Confidentiality References Protection in Accordance with the Code of Virginia, Section 2.2-4342F 

Section Title Page Number Reason(s) for Withholding from Disclosure 

INSTRUCTIONS: Identify the data or other materials to be protected and state the reasons by using the codes listed 

below. Indicate die specific words, figures, or paragraphs that constitute trade secrets or proprietary materials. 

A- This page contains information relating to "trade secrets', and "proprietary information" including processes. 

Operations, style of work, or apparatus, identify confidential statistical data, amount or source of any income... of any 

person (or) partnership. "See Virginia Public Procurement Act. Section 2.2-4342F. Unauthorized disclosure of such 

information would violate the Trade Secrets Act 18 U.S.C. 1905. 

B- This page contains proprietary information including confidential, commercial or financial information which was 

provided to the Government on a voluntary basis and is of the type that would not customarily be released to the 

public. See Virginia Public Procurement Act, Section 2.2-4342F; 5 U.S.C. 552 (b)(4); 12 C.F.R. 309.5(c)(4). 

C- This page contains proprietary information including confidential, commercial or financial information. This disclosure 

of such information would cause substantial harm to competitive position and impair the Government's ability to 

obtain necessary information from contractors in die future. 5 U.S.C. See Virginia Public Procurement Act. Section 2.2- 

4342F; 552 (b)(4); 12 C. F. R 309.5(c)(4). 

BIDDER NAME: 

Date 

Signature Title ____ 

Name (Printed) 


For BRWRF 33 IFB No. 2013-011-240


APPENDIX A.4 – COOPERATIVE AGREEMENT (RIDER) 

Use of Contract by Members of the: 

Northern Virginia Cooperative Purchasing Council and 

Metropolitan Washington Council of Governments 



IFB Number: 2013-011-240 

USE OF CONTRACT(S) BY MEMBERS COMPRISING THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS 

PURCHASING OFFICERS' COMMITTEE. 

A. If authorized by the bidder(s), resultant contract(s) will be extended to any or all of the listed members as 

designated by the bidder to purchase at contract prices in accordance with contract terms. 

B. Any member utilizing such contract(s) will place its own order(s) directly with the successful contractor. There 

shall be no obligation on the part of any participating member to utilize the contract(s). 

C. A negative reply will not adversely affect consideration of your bid/bid. 

D. It is the awarded vendor's responsibility to notify the members shown below of the availability of the 

Contract(s). 

E. Each participating jurisdiction has the option of executing a separate contract with the awardee. Contracts 

entered into with a participating jurisdiction may contain general terms and conditions unique to that jurisdiction 

including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, 

indemnification, naming the jurisdiction as an additional insured under any required Comprehensive General 

Liability policies, and venue. If, when preparing such a contract, the general terms and conditions of a 

jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that 

jurisdiction. 

F. The issuing jurisdiction shall not be held liable for any costs or damages incurred by another jurisdiction as a 

result of any award extended to that jurisdiction by the awardee. 

BIDDER'S AUTHORIZATION TO EXTEND CONTRACT: 

YES NO JURISDICTION 

___ ___ Alexandria, Virginia 

___ ___ Alexandria Public Schools 

___ ___ Alexandria Sanitation Authority 

___ ___ Arlington County, Virginia 

___ ___ Arlington County Public Schools 

___ ___ Bladensburg, Maryland 

___ ___ Bowie, Maryland 

___ ___ Charles County Public Schools 

___ ___ College Park, Maryland 

___ ___ Culpeper County, Virginia 

___ ___ District of Columbia 

___ ___ District of Columbia Courts 

___ ___ District of Columbia Public Schools 

___ ___ District of Columbia Water & Sewer Auth. 

___ ___ Fairfax, Virginia 

___ ___ Fairfax County, Virginia 

___ ___ Fairfax County Water Authority 

___ ___ Falls Church, Virginia 

___ ___ Fauquier County Schools & Government, Virginia 

___ ___ Frederick, Maryland 

___ ___ Frederick County, Maryland 

___ ___ Gaithersburg, Maryland 

___ ___ Greenbelt, Maryland 

___ ___ Herndon, Virginia 

___ ___ Leesburg, Virginia 

___ ___ Loudoun County, Virginia 

___ ___ Loudoun County Public Schools 

___ ___ Loudoun Water 

___ ___ Manassas, Virginia 

___ 

Vendor Name 

___________ 

YES NO JURISDICTION 

___ ___ City of Manassas Public Schools 

___ ___ Manassas Park, Virginia 

___ ___ Maryland-National Capital Park & Planning Comm. 

___ ___ Maryland Transit Authority 

___ ___ Metropolitan Washington Airports Authority 

___ ___ Metropolitan Washington Council of Governments 

___ ___ Montgomery College 

___ ___ Montgomery County, Maryland 

___ ___ Montgomery County Public Schools 

___ ___ Northern Virginia Community College 

___ ___ Omni Ride 

___ ___ Potomac & Rappahannock Trans. Commission 

___ ___ Prince George's County, Maryland 

___ ___ Prince George's Public Schools 

___ ___ Prince William County, Virginia 

___ ___ Prince William County Public Schools 

___ ___ Prince William County Service Authority 

___ ___ Rockville, Maryland 

___ ___ Spotsylvania County Schools 

___ ___ Stafford County, Virginia 

___ ___ Takoma Park, Maryland 

___ ___ Upper Occoquan Sewage Authority 

___ ___ Vienna, Virginia 

___ ___ Virginia Railway Express 

___ ___ Washington Metropolitan Area Transit Authority 

___ ___ Washington Suburban Sanitary Commission 

___ ___ Winchester, Virginia 

___ ___ Winchester Public Schools 

Date 


For BRWRF 34 IFB No. 2013-011-240


APPENDIX A.5 - LUMP SUM PRICING BID FORM 



IFB Number: 2013-011-240 

Wednesday, June 11, 2013 at 2:00 p.m. Eastern Time 

BASIS OF AWARD 

Loudoun Water will determine, at its sole discretion, to award this contract, award will be made 

to the responsive, responsible Bidder who submits a bid that based on consideration of several 

factors including lowest lump sum cost as deemed in the best interest of Loudoun Water. 

ALTERNATIVE A 

LUMP SUM PRICE 

One (1) Carbon Contactor (8,886 ft. 3 ) 

ALTERNATIVE B 

LUMP SUM PRICE 

Three (3) Carbon Cells (13,329 ft. 3 ) 

By my submission of this solicitation, I certify that this bidder/individual is properly licensed for 

providing the goods/services specified. Identify license number and type below: 

License #: ___________________________ Type: ____________________________ 

By: ________________________________________________________________________ 

(Business Name) 

________________________________________________________________________ 

(Name and signature of person authorized to sign) 

________________________________________________________________________ 

(Title of person authorized to sign) 

________________________________________________________________________ 

(Contact E-mail) 

________________________________________________________________________ 

(Contact Telephone Number) 


For BRWRF 32 IFB No. 2013-011-240

View Bid - Loudoun Water

Create successful ePaper yourself

Delete template?

Save as template?