Procurement

We follow all federal, state and county laws and regulations.

• Debarment
  • Potential bidders/offerors may be debarred from contracting for particular types of supplies, services, insurance and/or construction as contemplated by Va. Code § 2.2-4321. Stafford Schools follows the debarment/suspension procedures provided in Article 9 of Stafford County’s Procurement Policies and Regulations. 
• eVA Virginia Business Opportunities
• Protests and Appeals Policy Summary
  • Any bidder or offeror who desires to protest the award or decision to award a contract may do so as permitted by Va. Code § 2.2-4360. The procedures are provided in Article 8 of Stafford County’s Procurement Policies and Regulations. Written protests are submitted to the  Superintendent of Stafford Schools.
• Supplier Diversity
  • Stafford County Public Schools (Stafford Schools) continues to promote, improve, and grow public procurement opportunities with businesses that are certified by the Virginia Department of Small Business and Supplier Diversity. As part of our continued improvement process and for ease of access and use by Stafford Schools departments and by the vendor community, i.e. to promote contracting and subcontracting with certified businesses, the Stafford Schools Procurement Department has created a listing of certified Fredericksburg area businesses. In addition, the full registry of Virginia certified businesses and information on how to attain certification is available on the Virginia Department of Small Business and Supplier Diversity Site.
  • Any bidder/offeror/vendor that participates in Stafford Schools' procurement transactions is encouraged to seek out opportunities with diverse businesses!
• Vendor Registration Instructions
  • Stafford Schools utilizes the vendor database available in eVA, the Commonwealth of Virginia’s e-procurement system. Access to Supplier Registration, the Steps to Register as a New Supplier, and the Loop-up your Commodity Codes database are available in eVA. Refer to eVA Customer Care for assistance registering as a supplier and using eVA resources. Registration in eVA is not required for all transactions but is strongly encouraged. eVA registration is required to submit bids and proposals in response to an Invitation for Bid or Request for Proposal issued by Stafford Schools.
• Vendor Resource Guide

• Construction Terms and Conditions

  • Section 00 02 00 - Information for Bidders

  • Section 00 72 00 General Conditions

Purchasing Order Terms and Conditions

1. By accepting and performing a Stafford County Public School’s (Stafford Schools)
purchase order, the vendor agrees that the order is subject to Stafford Schools’ Purchase
Order Terms and Conditions as follows, any Terms and Conditions set forth in the
applicable solicitation (competitive sealed bidding and negotiations transactions) or
request for quotations (small purchase transactions) and any Terms and Conditions added
or otherwise incorporated by reference within a written contract of the parties. By
accepting and performing this order, the vendor further agrees that the price includes
shipping FOB destination unless otherwise stated herein.

2. This purchase order is subject to the laws of the Commonwealth of Virginia and the
procurement policies and regulations of Stafford County Public Schools (Stafford
Schools), as amended, and shall take precedence over any other contract document.

3. Goods or services delivered must be strictly in accordance with the referenced quote,
proposal, bid or contract and shall not deviate in any way from terms, conditions or
specifications of the bid or proposal. All goods and services shall comply with reasonable
standards of quality if no specifications have been provided and they must comply with all
federal, state, and local laws relative thereto. Stafford Schools reserves the right to
conduct any test/inspection it may deem advisable to assure goods and services conform
to the specifications. If rejected, same shall remain the property of the contractor, vendor,
or supplier (collectively, the “Contractor”).

4. All prices, unless specified otherwise, are net F.O.B. Destination with transportation
charges prepaid. If shipment is made by freight or express and charges added to invoice,
the original bill of lading properly receipted shall accompany the invoice. All charges
must be prepaid. Stafford Schools will not pay transportation charges unless the
Contractor received prior approval from the purchasing agent.

5. All goods or services provided under a purchase order and/or any contract shall be billed
by the Contractor at the contract price, regardless of which Stafford Schools using
department is being billed.

6. The Contractor must indicate this purchase order and or/ any contract number on all
related invoices, delivery tickets, bills of lading, packages and/or correspondence. All
invoices shall be in the same legal name of the Contractor as indicated on this purchase
order.

7. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor
directly to the payment address shown on this purchase order and/or any contract. All
invoices shall show the Stafford Schools’ contract number and/or purchase order number;
social security number (for individual contractors) or the federal employer identification
number (for proprietorships, partnerships, and corporations).

8. Any payment terms requiring payment in less than 30 days will be regarded as requiring
payment 30 days after invoice or delivery, whichever occurs last. This shall not affect
offers of discounts for payment in less than 30 days, however. All payment terms shall be
due 30 days after receipt and approval of proper invoice, or materials/services, whichever
is later.

9. The Contractor is obligated to pay Subcontractor under this purchase order and/or any
contract as required by Virginia Code § 2.2-4354, as amended, and said requirements are
incorporated herein as if stated in their entirety.
10. No substitution, change or deviation shall be made without an authorized change order or
contract amendment issued by Stafford Schools.

11. In case of default by the Contractor, or the failure to deliver the supplies or services
ordered by the time specified, Stafford Schools after due written or oral notice, may
procure such from other sources and hold the vendor responsible for any excess cost
occasioned thereby.

12. Stafford Schools may terminate this Contract at any time, for any reason or for no reason,
upon thirty days’ advance written notice to the Contractor. In the event of such
termination the Contractor shall be compensated for services and work performed prior to
termination.

13. Any Contractor organized as a stock or nonstock corporation, limited liability company,
business trust, or limited partnership or registered as a registered limited liability
partnership (collectively referred to as “business entity”) shall be authorized to transact
business in the Commonwealth as a domestic or foreign business entity if so required by
Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any
business entity described above that enters into a purchase order and/or any contract with
a public body pursuant to the Virginia Public Procurement Act shall not allow its
existence to lapse or its certificate of authority or registration to transact business in the
Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at
any time during the term of this purchase order and/or any contract. A public body may
void any purchase order and/or any contract with a business entity if the business entity
fails to remain in compliance with the provisions of this section.

14. Stafford Schools is exempt from State sales and use tax, a certificate of exemption from
ST-12 will be issued upon request. Deliveries against this purchase order must be free of
excise or transportation taxes. Federal Excise Tax exemption registration may be used
when required.

15. Contractor shall indemnify, keep and save harmless Stafford Schools, its agents, officials,
employees and volunteers against any claims, damages, and actions of any kind or nature,
whether at law or in equity, which may otherwise accrue against Stafford Schools in
consequence of the granting of a contract and/or purchase order or which may otherwise
result therefrom, if it shall be determined that the act was caused through negligence or
error, or omission of the Contractor or his or her employees, or that of the subcontractor
or his/her employees, if any; and the Contractor shall, at his or her own expense, appear,
defend and pay all charges of attorneys and all costs and other expenses arising therefrom
or incurred in connection therewith; and if any judgment shall be rendered against Sta in
any such action, the Contractor shall, at his/ her own expense, satisfy and discharge the
same.

16. In the absence of other contractual terms, for work performed on Stafford Schools-owned
or leased facilities or property, the Contractor shall maintain at a minimum, the following
insurance coverages: Workers Compensation - statutory requirements and benefits;
Employer's Liability - $100,000; Commercial General Liability - $2,000,000 combined
single limit; Automobile Liability - $2,000,000 combined single limit.

17. In accordance with Virginia Code § 22.1-296.1, as amended, if the Contractor will have
direct contact with students on Stafford Schools property during either regular school
hours or school-sponsored activities, the Contractor must provide certification that all
persons who will provide such services have not been convicted of a felony or any offense
involving the sexual molestation or physical or sexual abuse or rape of a child, or the
solicitation of any such offense. This requirement does not apply to Contractor or
Contractor’s employees providing services in an emergency or exceptional situation, such
as when student health or safety is endangered or when repairs are needed on an urgent
basis to ensure that school facilities are safe and habitable, when it is reasonably
anticipated that the contractor or his employees will have no direct contact with students.

18. The parties agree that under applicable law Stafford Schools cannot indemnify or defend
the Contractor. To the extent any promise or term contained in any of Contractor’s
contract documents, including any exhibits, attachments, or other documents incorporated
by reference therein, includes an indemnification or obligation to defend by Stafford
Schools, that promise or term is stricken and of no effect.

19. Contractor agrees to allow Stafford Schools to have access to and the right to examine and
copy pertinent books, papers, and records of the Supplier involving transactions related to
this purchase order and/or any related contract for five years after the final payment of this
purchase order and/or contract, and require a provision in any subcontract for more than
$10,000 entered into as a result of this purchase order and/or any related contract to
permit the same. Records, books, documents and papers which may relate to any
arbitration, litigation, or the settlement of claims arising out of the performance of this
purchase order, contract and/or any subcontract shall continue until any appeals,
arbitration, litigation, or claims shall have been finally disposed of.

20. Any dispute concerning a question of fact as a result of this purchase order and/or any
related contract which is not disposed of by agreement shall be decided by Stafford
Schools Superintendent, in accordance with Virginia Code § 2.2-4363(C).

21. Stafford Schools does not discriminate against faith-based organizations, in accordance
with the Code of Virginia, § 2.2-4343.1, or against a bidder or offeror because of race,
religion, color, sex, national origin, age, disability, or any other basis prohibited by state
law relating to discrimination in employment in the performance of its procurement
activity.

22. Contractor certifies that it does not, and shall not during the performance of this purchase
order and/or any related contract for goods and/or services in the Commonwealth,
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform
and Control Act of 1986.

23. During the performance of any Stafford Schools purchase order and/or contract over
$10,000, the Contractor agrees to maintain a drug-free workplace in accordance with
Virginia Code § 2.2-4312, as amended, said requirements are incorporated herein as if
stated in their entirety.

24. During the performance of any Stafford Schools purchase order and/or contract over
$10,000, the Contractor agrees to not discriminate against the Contractor’s employees or
applicants for employment in accordance with the requirements of Virginia Code § 2.2-
4311, as amended, said requirements are incorporated herein as if stated in their entirety.

25. By submitting a quote, bid, or proposal, the Contractor certifies that their quote, bid, or
proposal is made without collusion or fraud and that they have not offered or received any
kickbacks or inducements from any other Contractor or subcontractor in connection with
their quote, bid, or proposal, 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.

26. All information technology, which is purchased or upgraded by Stafford Schools under
any Stafford Schools purchase order and/or contract must comply with the access
standards required in Virginia Code § 2.2- 3502, as amended, said requirements are
incorporated herein as if stated in their entirety.

27. This purchase order and/or any related contract and its terms, including but not limited to,
the parties’ obligations, the performance due, and the remedies available to each party, are
governed, construed, and interpreted in accordance with the laws of the Commonwealth
of Virginia, without regard to principles of conflicts of laws. Any and all disputes, claims,
and causes of action arising out of or in any way connected with this purchase order
and/or any related contract or its performance must be brought in the applicable court of
Stafford County, Virginia or in the United States District Court for the Eastern District of
Virginia, Alexandria Division. Va. Code 2.2-4311.3 applies to purchases of technology
goods and services.

28. Student Privacy and FERPA. Contractor shall comply with all applicable student data
privacy laws, including FERPA (20 U.S.C. §1232g) and Va. Code §22.1-289.01.
Contractor is deemed a school official and shall use education records solely for contract
performance, maintain confidentiality, report breaches or legal requests to the School
Board, and return or destroy records as directed.

29. Non-Visual Access to Technology. Contractor shall ensure that all information technology
provided under this purchase complies with the nonvisual access standards in Va. Code
§§2.2-3500–3504, unless exempt. Technology must support effective use by individuals
who are blind or visually impaired and be compatible with assistive technologies.

“FOR FEDERALLY FUNDED PURCHASES ONLY”
ADJUSTMENT FOR CHANGE IN SCOPE

30. Stafford County Public Schools may order additions, deletions and other revisions in the
Work within the general scope of the project. If the Contractor believes that any change is
not within the scope of the project or warrants additional compensation or additional time,
the Contractor must notify Stafford County Public Schools as soon as Stafford County
Public Schools requests the change; and the Contractor must then provide written notice
of its position to the Project Officer within ten calendar days. The Contractor’s notice
must detail and document the basis for the claimed amount of additional compensation or
time. The Contractor will not receive any additional compensation or time pursuant to this
paragraph unless the parties execute a written Contract amendment and Stafford County
Public Schools issues a purchase order consistent with the amendment.

ACCESS TO RECORDS AND REPORTS

31. Access to Records: The following access to records requirements apply to this Contract:

a. The contractor agrees to provide Stafford County Public Schools and any of their
authorized representatives access to any books, documents, papers and records
of the Contractor which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts and transcriptions.
b. The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.
c. The Contractor agrees to provide Stafford County Public Schools and any of
their authorized representatives access to construction or other work sites
pertaining to the work under the contract.

COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

32. Upon execution of the contract, the contractor acknowledges that federal financial
assistance may be used to fund the contract only. The contractor shall comply with all
applicable federal law, regulations, executive orders, policies, procedures, and
directives.

NO OBLIGATION BY FEDERAL GOVERNMENT

33. The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.

PROGRAM FRAUD AND FALSE OR FRADUENT STATEMENTS OR RELATED ACTS

34. Upon execution of the contract, the contractor acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to the contractor’s
actions pertaining to this contract.

END OF DOCUMENT