Solicitation #2021-02WRAA AIRPORT ENGINEERING AND ...
Transcript of Solicitation #2021-02WRAA AIRPORT ENGINEERING AND ...
Solicitation #2021-02WRAA AIRPORT ENGINEERING AND CONSULTING SERVICES
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Sections Page
Title Page ........................................................................................................................... 1
Table of Contents .............................................................................................................. 2
Notice of Request for Proposals ........................................................................................ 3
Section I – General Information ........................................................................................ 4
Section II – Statement of Needs ........................................................................................ 4
Section III – Owner’s Responsibilities ............................................................................... 7
Section IV – Procedures for Ordering Services ................................................................. 7
Section V – Administration of Contract............................................................................. 8
Section VI – Contract Term ............................................................................................... 9
Section VII – Proposal Format ........................................................................................... 9
Section VIII – Submission Requirements ......................................................................... 10
Section IX – Evaluation and Award Criteria ..................................................................... 11
Section X –General Terms and Conditions ...................................................................... 11
Section XI – Special Terms and Conditions ..................................................................... 12
Section XII – Attachments ............................................................................................... 13
Attachments
Attachment A – Virginia State Corporation Commission Form ................................... 14
Attachment B – Frederick County General Terms and Conditions .............................. 15
Attachment C – Frederick County Payment Procedures Form .................................... 24
Solicitation #2021-02WRAA AIRPORT ENGINEERING AND CONSULTING SERVICES
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SOLICITATION NUMBER: #2021-02WRAA GOODS/SERVICES SOUGHT: Airport Engineering and Consulting Services PROPOSAL DUE DATE & TIME: July 26, 2021 by 4:00 P.M. Eastern Standard Time AIRPORT CONTACT: Nick Sabo, A.A.E. Executive Director [email protected] 491 Airport Road Winchester, VA 22602 The Winchester Regional Airport Authority (“Authority”) is seeking proposals for the services described herein. Proposals will be received until the time and date cited above. Proposals must be submitted via email to [email protected]. The Authority reserves the right to reject any and all proposals, and to waive any informalities or irregularities in any proposal deemed to be in the best interest of the Authority. Addendums to this RFP will be posted to eVA and considered part of the official solicitation package. Communication with Authority Members, and/or Airport staff members other than the Executive Director is expressly prohibited except with the prior knowledge and permission of the Executive Director. Notification of award will be posted on the eVA website at www.eVA.virginia.gov.
# # #
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PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Offerors for engineering and consulting services in accordance with U.S. Department of Transportation, Federal Aviation Administration (FAA) Advisory Circular (AC) No. 150/5100-14E dated September 30, 2014 and updated September 25, 2015. Offerors are advised that it is the intent of the Owner to submit requests for federal and state funding grants for eligible work associated with planning, design, construction, environmental assessment, and related projects. Offerors must comply with all applicable federal and state requirements to which the Owner is obligated as a result of receiving federal and state funding assistance. The selected Offeror(s) will coordinate the services to be provided through the Executive Director, or designee. BACKGROUND: The Winchester Regional Airport (“OKV” or “Airport”) is a public-use airport owned and operated by the Winchester Regional Airport Authority (“Authority” or “Owner”), a body politic within the Commonwealth of Virginia. The Authority board of directors is comprised of representatives from the City of Winchester and the Counties of Frederick, Shenandoah, Clarke, and Warren. Frederick County acts as the Authority’s fiscal agent. OKV is classified as a general aviation regional airport in the FAA’s National Plan of Integrated Airport Systems (NPIAS), and is one of 8 GA airports in the Commonwealth of Virginia designated as a “Business Class” airport.
The scope of services for projects assigned to the Offeror under any contract resulting from this RFP will vary according to the requirements generated during the term of the resulting contract. Each project shall be negotiated separately, and agreement embodied in a Task Order. a. The contracted Offeror shall perform professional engineering services on an as
needed, task order basis. Services may include, but are not limited to the following: i. Provide advice and guidance in the development of the Airport; ii. Assist the Owner in the continuation of future planning; iii. Accomplish general airport planning, design, and construction phase services as appropriate; iv. Serve as the Owner’s professional planning and engineering representative, representing the Owner in public meetings as requested; v. Keep abreast of changing technology, laws, and regulations, and advise the Owner accordingly;
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vi. Determine facilities’ requirements and utilization; vii. Conduct feasibility studies for new, renovation and alteration projects; viii. Prepare preliminary documents, working drawings and specifications;
ix. Conduct studies and audits for compliance with federal, state and local regulations;
x. Provide services related to new construction, renovation and alteration projects to include, but not limited to, planning, handicapped accessibility, project evaluation, electrical engineering, mechanical engineering, structural engineering, civil engineering and land survey and security to include, but not limited to, lighting and access control systems; xi. Administer construction contracts in accordance with applicable laws and regulations to include, but not limited to, interpreting requirements, monitoring performance to ensure compliance with contract requirements and to inspect, evaluate and make recommendations to the Owner for approval of construction; xii. Conduct other types of professional services of a nature consistent with the purpose of this solicitation and resulting contract as so directed by the Owner;
b. Upon completion of each project, the Offeror shall provide the Owner with a
complete set of reproducible project drawings and exhibits which were prepared for the accomplishment of the Task Order. CAD files shall also be furnished upon request of Owner.
c. The Offeror shall represent the Owner, as requested, in public meetings and other
meetings for the Task Order and prepare necessary drawings and exhibits for presentation purposes.
d. The Offeror shall provide the services described in accordance with the policies
established by the Owner, FAA, the Virginia Department of Aviation (“DOAV”), and the Department of Transportation (DOT). Additionally, the Offeror shall include all required local, state, and federal provisions in any subcontracts.
f. Additional Requirements and Responsibilities: i. The Offeror shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all planning, design, drawings, specifications, reports and other services furnished by the Offeror or any employee, agent, or subcontractor of the Offeror under the resulting
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contract. The Offeror shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his or his employee’s, agent’s or subcontractor’s designs, drawings, specifications, reports and other services. ii. Approval by the Owner, DOAV, or the FAA of drawings, designs, specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Offeror of its responsibility for the technical accuracy and adequacy of its work. iii. The Offeror shall be and remain liable in accordance with applicable law for all damages to the Owner caused by the Offeror or any employee, agent or subcontractor of the Offeror, violation of any law, bylaw, ordinance, regulation or decree; the negligent performance of any of the services furnished or by error or omission act on the part of the Offeror, its employees, agents or subcontractors, causing personal injury, damages or violation of rights under the resulting contract, except for errors, omissions or other deficiencies to the extent attributable to the Owner or Owner-furnished data. iv. The Offeror shall give Owner prompt written notice whenever the Offeror becomes aware of any development that affects the timing of Offeror’s services. The Offeror shall not be responsible for any time delays in the project caused by circumstances not reasonably foreseeable which are beyond the Offeror’s control. v. The services to be performed by the Offeror under the resulting contract are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or create any duties on the part of the Owner toward any person or persons not a party to the contract including, but not limited to, any Offeror, subcontractor, supplier, or the agents, officers, employees, insurers or sureties of any of them. vi. The Offeror may, on occasion, require the services of sub-consultants to perform specialized sub-tasks such as aerial, field, and property surveys, appraisals, subsurface investigation, material testing photography, etc. The Offeror shall provide these services to the Owner in accordance with each specific Task Order as required. The Offeror shall provide the Owner with an executed waiver of mechanic’s lien for every subconsultant at the time of billing for said services. vii. The Offeror shall provide specifications for any construction project to include, but not limited to, a quality control plan as required by special conditions in the applicable grant agreement. viii. The Offeror shall obtain all permits, approvals and consents necessary to
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complete any Task Order. ix. The Offeror shall assist in acquiring and administering all state and federal grants relating to the Winchester Regional Airport.
a. The Owner will assist Offeror by placing at its disposal all available information upon written request of the Offeror pertinent to the Task Order, including previous reports and any other data relative to the Project. b. Upon written request of the Offeror, the Owner will furnish to Offeror, as required for performance of Offeror’s Task Orders, all as-built data on the project elements. c. Upon written request of the Offeror, the Owner shall examine all studies, reports, sketches, drawings, proposals, and other documents presented by Offeror, obtain advice of an attorney, insurance counselor, and other consultants as the Owner deems appropriate for such examination, and render in writing, pertinent decisions within a reasonable time. d. The Owner will provide prompt written notice to the Offeror whenever the Owner observes or otherwise becomes aware of any development that affects the scope of timing of the Offeror’s services or any defect in the work under the resulting contract. However, failure of the Owner to detect or provide written notice shall not constitute a waiver of any of the Owner’s rights under the contract.
a. The Owner or an authorized representative will request a lump sum fee or hourly rate proposal for each project. At its own expense, the Offeror shall visit the site and prepare a detailed lump sum or hourly rate (as applicable) proposal for accomplishing the work. Each project assignment for which the resulting contract shall be in force shall be described in detail as a separate Task Order and referenced as “Task Order No. ”. Each Task Order description shall be prepared by the Offeror and shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. b. Each Task Order will be reviewed and approved in writing by the Owner and any participating funding agencies (FAA, DOAV, etc.) prior to the Offeror initiating any work. The Owner may negotiate a suitable lump sum fee or a “not to exceed” amount with the Offeror. If any Task Order appears indefinite, unclear or contradictory, the Offeror shall consult with the Owner’s representative for interpretation and clarification prior to the Offeror’s commencement of work on that Task Order. The Offeror shall be responsible
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for conveying the interpretation and/or clarification of any Task Order to its employees, agents or subcontractors or sub-consultants. The Offeror shall be responsible for any work not expressly set out in any Task Order but which may be reasonably implied for proper completion of the Task Order. c. Following successful negotiations, the Owner will prepare a purchase order for the agreed scope of work and fee proposal, incorporating by reference the terms and conditions of the resulting contract and forward to the Finance Department. Once the Finance Department has processed the purchase order (and assigned a number) the Owner may authorize the Offeror to proceed with the work.
d. The method of deriving the cost of services for each Task Order shall be in accordance with County/FAA/DOAV procedures and requirements using the negotiated Fee Schedule. e. The Offeror shall not commence any work that has not been authorized by a written purchase order (or change order) executed by the Finance Department and without a written Notice to Proceed from the Owner’s representative. The Offeror assumes all risk and financial liability for any services rendered without such proper authorization. f. Should additional services be requested beyond the scope of any executed Task Order, adjustments to the contract amounts shall be negotiated and a change order issued authorizing the additional work. g. The Offeror’s services shall be considered complete upon satisfactory completion and acceptance by the Owner of the services outlined in the Task Order and all approvals from the Federal, State and County agencies (as applicable), have been obtained.
a. The Owner shall designate a person to act as the Owner’s representative with respect to the services to be rendered under the resulting contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies and decisions with respect to materials, equipment elements and systems pertinent to Offeror’s services.
b. The Offeror shall designate an individual to act as the Offeror’s representative with respect to all services to be rendered under the resulting contract. This individual shall serve as the primary liaison with the Owner’s designated representative(s). This individual must be empowered with the authority to request information, make decisions and interpret and define Task Orders with respect to this contract.
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The contract term shall be for a period of one (1) year. At the Owner’s option, the contract may be extended for four (4) additional one (1) year periods. The Fee Schedule may be adjusted at the end of the initial contract period (and at the end of each extension period, if applicable), upon mutual agreement of both parties. The adjustment to the fee schedule shall not exceed the percentage increase for the previous twelve (12) months in the Consumer Price Index, U.S. Cities average, Other Services, as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should this index be superseded, the Owner reserves the right to select another appropriate index.
Offerors are required to submit the following items as a complete proposal:
a. Information on the Offeror
1. Expertise and experience of the Offeror relative to the Statement of Needs contained in this RFP. Include relevant experience, recent projects, work samples, and technical competence as it pertains to FAA and Commonwealth of Virginia grant procedures and acquisition requirements, airport design standards, environmental considerations, and master planning criteria.
2. Geographic location of the Offeror relative to Frederick County. The Offeror shall include the address of the office(s) proposed to handle the work.
3. References. Offeror shall include a minimum of three (3) letters of reference that can attest to the Offeror’s experience and qualifications, quality of work, timeliness and responsiveness to client needs. Include names, addresses, email addresses, contact person, and phone number for each reference. References shall have or had recent contracts with Offeror of size and scope specified in this RFP.
b. Engineers, Personnel, and Staff
1. Organization chart depicting key personnel proposed for the project by assigned area(s) of responsibility, corporate affiliation and job title. If a joint venture, include the subcontractor(s) in the organization chart and key personnel proposed for this project. 2. Names, qualifications and experience of personnel to be assigned to the contract. Identify specific roles played by the proposed team members on these projects. Include the length of time personnel have had with the contracting Offeror.
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3. Resumes of staff to be assigned to the contract. Include present and anticipated workload during the contract term.
c. Response to Statement of Needs
1. Briefly outline the Offeror’s approach to providing the required services. 2. Provide a detailed explanation for any “exceptions” taken concerning the Statement of Needs. 3. Provide the Offeror’s policies on billing and payments. Include protocol for attending meetings that may or may not be related to specific Task Orders.
a. In order to be considered for selection, Offerors must submit a complete response to this RFP, including the information in Section VII and the completed Attachments described in Section XII. Submissions must be sent via email to the Executive Director at the address below. Late responses will be considered nonresponsive and will not be reviewed.
[email protected] b. Offerors are not to submit estimated man-hours or cost for services with their proposals.
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Proposals shall be evaluated by the Authority using the following criteria:
CRITERIA WEIGHT
Offeror’s expertise, qualifications, and experience in providing services of similar size and scope
35
Experience with FAA, DOAV and Commonwealth of Virginia grant procedures, land acquisition requirements, airport design standards, environmental considerations and master planning criteria
30
Qualifications and experience of proposed personnel assigned to the contract including projected workload
25
Quality and completeness of Proposal including impact of any exceptions taken regarding the Statement of Needs, General Conditions
10
TOTAL 100
a. The Authority shall reserve the right to engage in competitive negotiation as outlined in § 2.2-4302.2. b. Should the Authority determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. The Authority reserves the right to award a contract to more than one Offeror for the services described in this solicitation.
a. The Offeror utilizes eVirginia (eVA), an internet electronic procurement solution, for purchasing activities. Offerors desiring to provide goods and/or services to the Authority shall participate in eVA by completing the free eVA Offeror Registration. The Authority advertises all competitive solicitations on eVA.
b. Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Authority will publicly post such notice on the eVA website (www.eva.virginia.gov).
c. Frederick County acts as fiscal agent for the Authority. Offeror must agree to the “BIDDER/OFFEROR ACKNOWLEDGEMENT OF PAYMENT PROCEDURES” at Attachment C and include with proposal.
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a. The Offeror’s proposal should include an example of its company’s certificate of insurance. The Offeror shall furnish a copy of a certificate of insurance in accordance with the requirements set forth below. The Offeror shall be responsible for maintaining current certificates of insurance on file with the Authority. The Offeror shall be required to maintain in force such insurance, in amounts and types acceptable to the Authority, as will protect itself and the Authority from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies authorized to conduct business in the Commonwealth. The Offeror shall maintain during the initial term and any additional terms of the contract the following equivalent coverage and minimum limits:
1. Commercial General Liability $1,000,000 Combined Single Limit per
Occurrence:
2. Automobile Liability $1,000,000 Combined Single Limit per Occurrence 3. Worker’s Compensation: Statutory Limits of the Commonwealth of Virginia 4. Employers’ Liability $500,000 Accident, $500,000 Disease & $500,000 Policy Limit 5. Umbrella Liability $1,000,000 per Occurrence 6. Professional Liability $2,000,000 per Occurrence, $6,000,000 Aggregate
b. All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for the Offeror under any resultant contract shall become Authority property and shall be delivered to and remain the property of the Authority upon completion of the work or termination of the Contract. The Authority shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Offeror.
c. Offeror shall obtain, possess, maintain, and comply with all applicable Federal, State, and Local requirements such as: licenses, permits, codes, laws, regulations, policies and standards, specifications, authorizations, and other related requirements to perform the services under the contract.
d. In the event that the Offeror desires to utilize a subcontractor for portions of the contract, the Offeror shall furnish the Authority the names, qualifications and
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experience of their proposed subcontractors. The Offeror shall, however, remain fully liable and responsible of its subcontractor(s) and shall assure compliance with all requirements of the contract.
The following Attachments must be completed and submitted with all proposals. Failure to provide all Attachments may result in disqualification from the evaluation process at the sole discretion of the Authority: Attachment A: State Corporation Commission Form Attachment B: Frederick County General Terms and Conditions Attachment C: Frederick County Payment Procedures Form
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Check the appropriate box regarding registration with the Virginia State Corporation Commission (SCC): is a corporation or other business entity with the following SCC identification number: ____________ -OR- is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR- is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR- is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. -OR- Check here if you currently have an application pending before the SCC for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the RFP due date (the Authority reserves the right to determine in its sole discretion whether to allow such waiver):
COUNTY OF FREDERICK, VIRGINIA
Finance Department
(540) 665-5610
GENERAL TERMS AND CONDITIONS
Rev: 1/1/2020
BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS/OFFERORS
TO THE APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND
INSTRUCTIONS TO BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION
AND SUBJECT TO APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.
BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES
FULLY AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH COUNTY
PROCUREMENT BEFORE SUBMITTING BIDS/PROPOSALS. FAILURE TO DO SO WILL BE AT THE
BIDDER/OFFEROR'S OWN RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.
1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when
necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA.
The County Finance Director serves as the County Purchasing Agent. In the discharge of these
responsibilities, the County Finance Director has appointed the County Purchasing Manager to assist the
County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee
is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way
obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or
contract made which is contrary to these provisions and authorities shall be of no effect and void and the
County shall not be bound thereby.
2. PRE-BID AND BID SUBMISSION REQUIREMENTS
a. Direct contact with anyone other than the County Purchasing Manager or the IFB Contact,
regarding this Invitation for Bids is expressly forbidden except with the permission of the
Purchasing Manager. Violation of this directive may result in a determination that the bidder
is ineligible for award.
b. All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside
of the envelope or package. Electronic transmittals (i.e. fax, email, etc.) will not be considered. Bids
received by the Purchasing Manager after the due date and time will not be accepted. Failure to
return required documents and information specified herein may result in a determination that the
bid is non-responsive.
c. Bids will be publicly opened on the due date and time specified on the “Invitation for Bids
Announcement” cover sheet. A bid tabulation will be posted as soon as practical. The County
posts all solicitations and related bid tabulations on eVA, Virginia’s eProcurement Portal
(www.eva.virginia.gov). A direct link to all County solicitations is located here. .
d. All bids shall be submitted in accordance with this Invitation for Bids. If more space is required to
furnish a description of the goods and/or services bid, the Bidder may attach that additional
information with the bid.
e. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.
General Terms and Conditions for Offerors
REVISED 6/25/2021 Page 2 of 9
f. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections
made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.
g. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the
County, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost
to the County. All deliveries shall be F.O.B. Destination.
h. If the County is closed for business at the time scheduled for bid opening, regardless of reason,
sealed bids will be accepted and opened on the next business day of the County, at the originally
scheduled time.
i. The Terms, Conditions and Specifications in this solicitation shall supersede any terms and
conditions offered by the Bidder. Any additional conditions a Bidder intends to be considered must
be submitted with the bid and be noted as an exception on the Bid Form, however, exceptions may
result in the bid being determined non-responsive.
j. Each bid shall be submitted with the understanding that, upon acceptance by the County, the Bidder
shall furnish any or all of the goods and/or services described herein. The accepted bid shall
constitute a contract between the Bidder and the County and shall bind the Bidder to furnish and
deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions
and Specifications of the Invitation for Bids and bid. The County shall order the goods and/or
services from the Bidder at the stated prices except for reasons beyond reasonable control, including
but not limited to availability of funds and the Contractor’s inability to deliver goods or services
within the required timeframe.
k. Submission of a bid is not to be construed as an award or an order to ship.
l. A submittal (bid) by the Bidder certifies that they are not currently debarred or suspended by a local,
state or federal government entity from doing business with that entity. If a debarment or suspension
exists, supporting information shall be provided with the response. Suspension or debarment may
disqualify the Bidder from award of a contract.
m. A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request is received in
writing before the due date and hour. The request must be signed by a person authorized to represent
the vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal unless
specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted
by the same bidder or offeror on the same Invitation for Bid/Request for Proposal.
Withdrawal of bids/proposals after opening is governed by the Code of Virginia §2.2-4330. The
bidder/ offeror shall give notice in writing of his/her claim of right to withdraw his/her bid/proposal
within two business days after conclusion of the bid opening or receipt of proposals procedure and
shall submit original work papers with such notice.
3. PRE-PROPOSAL AND PROPOSAL SUBMISSION REQUIREMENTS
a. Direct contact with anyone other than the County Purchasing Manager or the RFP Contact,
regarding this Request for Proposals is expressly forbidden except with the permission of the
Purchasing Manager. Violation of this directive may result in a determination that the Offeror is
ineligible for award.
b. All proposals must be signed by an officer or employee having the authority to sign on behalf of the firm.
General Terms and Conditions for Offerors
REVISED 6/25/2021 Page 3 of 9
c. All proposals shall be submitted sealed with the proposal number, date and time clearly marked on the
outside of the envelope or package. Proposals received by the Purchasing Manager after the due date and
time will not be accepted or considered. Failure to return required documents and information specified
herein may result in a determination that the proposal is non-responsive. Electronic transmittals (i.e. fax,
email, etc.) will not be considered. All costs associated with preparing a proposal, including any mailing
costs, are the Offeror’s responsibility.
d. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed
on to the County, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B.
Destination.
e. If the County is closed for business at the time scheduled for proposal opening, regardless of reason,
proposals will be accepted on the next business day of the County, at the originally scheduled time.
f. The Terms and Conditions in this Request for Proposals shall supersede any terms and conditions offered.
Any additional conditions an Offeror intends to be considered, must be submitted as part of the proposal
and be indicated on the Proposal Form. Such exceptions may result in the proposal being determined non-
responsive.
g. Submission of a proposal by the Offeror is not to be construed as an award or an order to ship.
h. A proposal by the Offeror certifies that they are not currently debarred or suspended by a local, state or
federal government entity from doing business with that entity. If a debarment or suspension exists,
supporting information shall be provided with the response. Suspension or debarment may disqualify the
Offeror from award of a contract.
i. A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request is received in
writing before the due date and hour. The request must be signed by a person authorized to represent the
vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal unless
specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by
the same bidder or offeror on the same Invitation for Bid/Request for Proposal.
Withdrawal of bids/proposals after opening is governed by the Code of Virginia §2.2-4330. The bidder/
offeror shall give notice in writing of his/her claim of right to withdraw his/her bid/proposal within two
business days after conclusion of the bid opening or receipt of proposals procedure and shall submit
original work papers with such notice.
j. The County posts all solicitations and related documents on eVA, Virginia’s eProcurement Portal
(www.eva.virginia.gov). A direct link to all County solicitations is located here.
4. ADDENDA: Changes or supplemental instructions to this Invitation for Bids will be posted online with this
solicitation. It is the Bidder's responsibility to check for addenda prior to the bid due date and time to ensure
that all addenda are received.
All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all Addenda shall be in
the space provided on the Bid Form or by returning a copy of each signed Addendum. If all Addenda are not
acknowledged, the bid may be determined non-responsive.
The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal
(www.eva.virginia.gov). A direct link to County of Frederick, VA solicitations is located here.
General Terms and Conditions for Offerors
REVISED 6/25/2021 Page 4 of 9
5. AWARD
a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal
(www.eva.virginia.gov ). A direct link to County of Frederick, VA solicitations is located here.
b. Award will be made to the lowest responsive and responsible Bidder (reference Method of Award
provision contained herein). The ability, capacity, skill, character, integrity, reputation, judgement,
experience, efficiency, ability to perform within the time specified, quality of performance of previous
contracts, financial resources, suitability of goods or services to particular purpose and future maintenance
and service and any exceptions noted will be taken into consideration in making an award.
c. The County reserves the right to reject any bid in whole or in part, delete items before making an award
and when the County determines that any of the bid prices are significantly unbalanced to the potential
detriment of the County and for other reasons when in the County’s best interest.
d. The County reserves the right to waive any informality if it is determined to be in the best interest of the
County.
e. In case of an error in the extension of prices, the unit price(s) shall govern.
f. If the bid from the lowest responsive and responsible Bidder exceeds available funds, the Purchasing
Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available
funds.
g. A Bidder may protest the award or decision to award by submitting such protest in writing to the
Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award.
No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest
shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in
writing within ten (10) business days stating the reasons for the action taken. This decision shall be final
unless the Bidder appeals within ten (10) days of the written decision by invoking legal action as
established by the Code of Virginia.
6. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of an
annual appropriation by the County for the purchase of such goods and/or services. The County’s extended
obligations on contracts that include funding through successive fiscal periods shall be contingent upon
actual appropriations for the successive periods (additional years).
7. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Bidders organized or authorized to
transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the
identification number issued to it by the State Corporation Commission. 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, as amended, or as otherwise required by law shall include in the bid a statement describing why the
Bidder is not required to be so authorized.
Any business entity that enters into a contract with a public body pursuant to this chapter 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, as amended, to be revoked or cancelled at any time during the term of
the contract. The County may void any contract with a business entity if the business entity fails to remain in
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REVISED 6/25/2021 Page 5 of 9
compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.
8. COOPERATIVE PURCHASE: If authorized by the Bidder, the contract resulting from this Invitation for
Bids may be extended to other public bodies, public agencies or institutions within the United States to
purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s)
directly with the Contractor(s). The County is not a party to such contracts and is not responsible for
placement of orders and payment or discrepancies of the participating jurisdictions. It is the Bidder’s
responsibility to notify the jurisdictions of the availability of contract(s). Bidders who do not wish to extend
the terms, conditions and prices to other public entities shall so indicate in the bid (Attachment A, #8).
Cooperative purchases are not extended for construction related projects.
9. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED
BUSINESS REQUIREMENTS: The County of Frederick desires to facilitate the establishment,
preservation, and strengthening of small businesses and businesses owned by women, minority individuals
and service-disabled veterans and to encourage their participation in the County's procurement activities. The
County encourages these firms to compete and encourages non-minority firms to provide for the participation
of small businesses and businesses owned by women, minority individuals and service-disabled veterans
through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of
Commonwealth of Virginia Small, Women-Owned Minority and Service-Disabled Veteran-Owned
businesses can be found at https://directory.sbsd.virginia.gov. Bidders are requested to complete the SWaM
Business Indicator on the Bid Form.
10. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County
does not discriminate against faith-based organizations.
11. NON-DISCRIMINATION: During the performance of this contract, the Contractor agrees as follows:
a. It will not discriminate against any employees or applicants for employment because of race, religion,
color, sex, national origin, age, disability, status as a disabled veteran, or any other basis prohibited by
federal or state law relating to discrimination in employment, except where one or more of these are a
bona fide occupational qualification reasonably necessary to the normal operations of the Contractor. The
Contractor agrees to post in conspicuous places available to employees and applicants for employment,
notices setting forth the provisions of this non-discrimination clause.
b. The Contractor will be and state that he is an equal opportunity employer in all solicitations or
advertisements for employees.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the requirements of this section.
d. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every
subcontract or Purchase Order over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
12. DRUG FREE WORKPLACE: In accordance with the Code of Virginia § 2.2-4312, during the performance
of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii)
post in conspicuous places, available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled
substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be
taken against employees for violations of prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and
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REVISED 6/25/2021 Page 6 of 9
(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.
For the purposes of this subsection, “A drug-free workplace” means a site for the performance of work done
in connection with a specific contract awarded to a contractor in accordance with this subsection, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the performance of the
contract.
13. PAYMENT TERMS: Payment will be authorized following receipt of a valid invoice and delivery of goods
or completion of services according to specifications and subject to inspections. Payments shall be in
accordance with the Acknowledgement of Payment Procedures, which can be found at
www.fcva.us/purchasing.
a. Payment terms shall be “Net 30 Days" unless otherwise stated by the Bidder on the Bid Form. Alternate
terms may be offered by Bidder for prompt payment of bills.
b. The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this
requirement may result in the invoice being returned to the Contractor for correction.
c. Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia
Prompt Payment Act. (1% per month).
d. If offered by the Bidder, a payment discount period shall be computed from the date of proper receipt of a
valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.
14. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the
County, and County’s employees, agents, and volunteers, harmless, from and against any and all damage
claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of
every kind and nature (including, without limitation, those arising from any injury or damage to any person,
property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or
incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in
connection with, the performance of all services hereunder by the Contractor. This indemnification and hold
harmless includes, but is not limited to, any financial or other loss, any adverse regulatory, agency or
administrative sanctions or civil penalties incurred by the County due to the negligent, fraudulent or criminal
acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors,
subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by
law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or
type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation
acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This
paragraph shall survive the termination of the contract including any renewal or extension thereof.
The Contractor agrees to defend and save the County, its agents, officials, volunteers and employees,
harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented
or unpatented invention, goods and/or services or appliances furnished or used in the performance of the
contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in
the above paragraph.
15. INTERPRETATION OF SPECIFICATIONS: The apparent silence in the specifications and any
supplemental specifications as to any detail or the omission from the specifications shall be regarded as
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REVISED 6/25/2021 Page 7 of 9
meaning that only the best commercial practices are to prevail and correct type, size and design are to be used.
All interpretations of these specifications shall be made on the basis of this statement.
16. LAWS AND REGULATIONS: The Contractor shall keep fully informed of all federal, state and local laws,
ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times
observe and comply with all such laws, ordinances and regulations.
17. GOVERNING LAW AND FORUM SELECTION: This solicitation is subject to the laws of the
Commonwealth of Virginia and the County of Frederick, Virginia. By virtue of entering into a contract,
Contractor submits itself to a court of competent jurisdiction serving Frederick County, Virginia, and further
agrees that this contract is controlled by the laws of the Commonwealth of Virginia and that all claims,
disputes, and other matters shall only be decided by said court accordingly.
18. RIGHTS UNDER ANTITRUST LAWS: The Bidder assigns to the County any and all rights that it may
have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from
or pertaining to the bid. This provision is remedial in nature and is to be liberally construed by any court in
favor of the County.
19. ETHICS IN PUBLIC CONTRACTING: Pursuant to the Virginia Code § 2.2-4367: By submitting a bid,
the bidder certifies that their proposal is made without collusion of fraud and that they have not offered or
received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in
connection with their 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.
20. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Bidder certifies that it does not and
will not during the performance of this Agreement knowingly violate the provisions of the Federal
Immigration Reform and Control Act of 1986, as amended, which prohibits employment of illegal aliens.
21. ASSIGNMENT OF CONTRACT: A Contractor may not assign or transfer this contract and/or Purchase
Order in whole or in part except with the prior written consent of the County, which may be withheld in the
County’s sole and exclusive discretion.
22. DEFAULT: In event of default by the Contractor, the County reserves the right to procure the goods and/or
services from other sources and hold the Contractor liable for any excess cost occasioned thereby.
23. TERMINATION FOR CONVENIENCE: The County may terminate a contract when funds are not
appropriated for the specified goods or services or when it is determined to be in the County’s best interest
without providing specific cause.
24. TERMINATION FOR CAUSE: In the event that the Contractor shall for any reason or through any cause
be in default of the terms, conditions, or obligations of the contract documents, the County may give the
Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of
the contract documents are considered material.
The County may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior
to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in
writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is
mailed to the Contractor unless notification is by electronic means (fax/email) or personal delivery, in which
case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to
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REVISED 6/25/2021 Page 8 of 9
cure the default, the County may immediately terminate the contract effective as of the mailing or delivery of
the default notice. If the County terminates the contract, the Contractor shall remain liable for performance of
all terms, conditions, and obligations through the date of termination. Termination by the County shall not
constitute a waiver by the County of any other rights or remedies available to the County by law or contract.
In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the
Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not
constitute a waiver by the County of any other rights or remedies available to the County by law or contract.
25. RIGHTS AND REMEDIES NOT WAIVED: In no event shall a payment by the County to the Contractor
or the waiver by the County of any provision under the contract, including any obligation of the Contractor,
constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or
any default which may exist under this contract on the part of the Contractor, and the making of any such
payment by the County while any such breach or default exists shall not impair or prejudice any rights or
remedies available to the County.
26. SEVERABILITY: If any provision of the Contract resulting from this Invitation for Bids or the application
thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this
contract, or the application of such provision to persons or circumstances other than those which it is invalid
or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the
full extent permitted by law.
27. INDEPENDENT CONTRACTOR: The Contractor and any employees, agents, or other persons or entities
acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or
agents of the County.
28. CONFLICT: In the event of a conflict between the contract documents, including these terms and conditions
and the terms of a purchase order or related document issued by the Finance Department, the contract
documents shall control.
29. CONTRACTUAL DISPUTES: Any dispute concerning a question of fact as a result of a contract with the
County which is not disposed of by agreement shall be decided by the County Administrator, who shall
reduce a decision to writing and mail or otherwise forward a copy to the Contractor within ninety (90) days.
The decision of the County Administrator shall be final and conclusive unless the Contractor appeals within
six (6) months of the date of the final written decision by instituting legal action as provided in the Code of
Virginia. A Contractor may not institute legal action, prior to receipt of the County Administrator’s decision on
the claim, unless the County fails to render such decision within the time specified.
a. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60)
days after final payment; however, written notice of the Contractor's intention to file such claim shall
have been given at the time of the occurrence or beginning of the work upon which the claim is based.
Nothing herein shall preclude a contract from requiring submission of an invoice for final payment
within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency
of claims shall not delay payment of amounts agreed due in the final payment.
30. NON-EXCLUSIVE CONTRACT: Nothing herein is intended nor shall be construed as creating any
exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar,
equal or like goods and/or services from other sources.
31. RECORDS AND INSPECTION: The Contractor shall maintain full and accurate records with respect to all
matters covered under this contract, including, without limitation, accounting records, written policies and
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REVISED 6/25/2021 Page 9 of 9
procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect,
and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection
and subject to audit and/or reproduction, during normal working hours, by the County and its employees,
agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the
County. The County shall have access to such records from the effective date of this contract, for the duration
of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant
to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized
representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and
shall be provided adequate and appropriate workspace, in order to conduct audits.
32. VIRGINIA FREEDOM OF INFORMATION ACT: Public inspection of all records is strictly governed
by Code of Virginia 2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code
2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to
ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction
prepared by or for a public body shall not be open to public inspection.
33. ENTIRE AGREEMENT: The contract resulting from this Invitation for Bids and any additional or
supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon
by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract
or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be
modified, altered, changed or amended unless in writing and signed by the parties hereto.
ACKNOWLEDGEMENT OF PAYMENT PROCEDURES
(Completed Form Shall Be Submitted with Proposal)
I hereby acknowledge that I have reviewed the “General Terms and Conditions” contained within
this Request for Proposals from the County of Frederick, Virginia.
I hereby further acknowledge that, with regard to payments to vendors under contracts with the
County of Frederick, Virginia, the General Conditions state as follows:
PAYMENT –
a. Payment shall be made after satisfactory performance of the contract, in accordance with all of the
provisions thereof, and upon receipt of a properly completed invoice. Frederick County, VA
reserves the right to withhold any or all payments or portions thereof for Contractor's failure to
perform in accordance with the provisions of the contract or any modifications thereto.
b. Contractors shall indicate the payment methods that they will accept. Frederick County offers two
payment methods, purchasing card (VISA credit card) or ACH (electronic deposit). Acceptance of
payment by purchasing card usually means that the vendor will need to have credit card processing
capability, however the County encourages vendors to check with their financial institutions to
ascertain precisely what is necessary to accept the purchasing card. Frederick County will not pay
additional fees in excess of the offered price to contractor for purchasing card acceptance to
include, but not limited to, convenience fees and/or surcharges.
I hereby accept and agree to comply with the foregoing as well as all other terms and conditions of the
Contract.
I hereby acknowledge my understanding that if I have indicated that purchasing card is an acceptable
method of payment, Frederick County will make all payments under this contract by purchasing card
and a penalty, not to exceed 3%, will be assessed if purchasing card is not honored at the time of
payment.
Please indicate payment method(s) accepted: ____Purchasing Card and/or____ACH.
By:
Print Name: _
Company:
Title:
Address:
Phone: