1-2000004264-Special Provisions.pdf
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- Attached to
- Case Management and Supportive Services
- Solicitation number
- 2000004264
- Issued by
- Fairfax County, Virginia
About this file
Summary of Special Provisions RFP2000004264
This is a Special Provisions document issued by Fairfax County, Virginia for a Request for Proposal (RFP) to procure comprehensive case management, employment services, and financial literacy programs for the Fairfax County Redevelopment and Housing Authority's (FCRHA) Moving to Work Portfolio. The RFP seeks qualified contractors to provide intensive case management services to approximately 5,300 residents in FCRHA housing units and Housing Choice Voucher Program participants. Required services include initial and ongoing assessments, monthly case management meetings, employment services, education and skill-building assistance, financial literacy training, service coordination and referrals, housing location and mobility services, landlord outreach and recruitment, and monthly outcome reporting. The contract is for an initial two-year term with three optional one-year renewal periods available. An optional pre-proposal conference will be held via Microsoft Teams; attendance is encouraged but not mandatory. All proposals must be submitted electronically through the Bonfire portal by the specified deadline. The County will conduct a preliminary evaluation of proposals based on established criteria, with the highest-rated offerors invited to provide oral presentations before final selection. The contract award will be made to the offeror whose proposal is deemed most advantageous to the County.
Proposals will be evaluated on Program Management and Performance (45 points), Organizational Experience and Qualifications (20 points), Personnel Experience and Qualifications (20 points), and Cost Reasonableness and Value (15 points). Pricing must remain firm for the initial two-year period, with potential adjustments in subsequent years not to exceed 3% based on the Consumer Price Index. Federal funds may be expended under the resulting contract, requiring contractor compliance with Federal Grant Terms and Conditions. The Contractor must maintain Workers' Compensation Insurance ($1,000,000), Commercial General Liability insurance ($1,000,000 per occurrence/$2,000,000 aggregate), and Automobile Liability insurance ($1,000,000). All proposals must be valid for 180 days. The contractor is responsible for maintaining records in compliance with federal and state regulations and submitting monthly statistical reports and invoices detailing services provided.
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Other files
| File | Type | Posted |
|---|---|---|
| 4-Attachment B - Federal Terms and Conditions.pdf | ||
| 3-Attachment A - Forms.pdf | ||
| 5-Appendix A GCIB.pdf | ||
| 2-DPMM Coversheet.pdf |
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IMPORTANT NOTICE
RFP2000004264: Case Management and Supportive Services Program
THIS IS AN ELECTRONIC PROCUREMENT (eBID)
SUBMISSIONS SHALL ONLY BE ACCEPTED ELECTRONICALLY VIA THE BONFIRE PORTAL
Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating proposals.
To register, visit https://fairfaxcounty.bonfirehub.com.
For additional assistance and technical questions related to a submission contact Bonfire at support.bonfire@eunasolutions.comor click on the link “Contact Bonfire Support here” under Need Help.
Registration and proposal submission in Bonfire is Mandatory. Solicitation Responses submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) shall not be accepted.
Fairfax County strongly encourages offerors to submit proposals well in advance of the proposal submission deadline.
A proposal submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed. Offerors are responsible for the consequences of any failure to plan ahead in the submission of its Proposal.
Documents may be uploaded at any time during the open period. The official time used for receipt of proposals/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized.
If, at the time of the scheduled proposal closing Fairfax County Government is closed due to inclement weather or another unforeseeable event, the proposal closing shall still proceed electronically through the Bonfire system
Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You shall receive an email confirmation receipt with a unique confirmation number once you finalize your submission.
It is the Offeror's responsibility to clearly identify and to describe the services being offered in response to the Request for Proposal. Offerors are cautioned that organization of their response, as well as thoroughness is critical to the County's evaluation process. The RFP forms must be completed legibly and in their entirety; and all required supplemental information must be furnished and presented in an organized, comprehensive and easy to follow manner.
https://fairfaxcounty.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com
SPECIAL PROVISIONS RFP2000004264
1. PURPOSE AND INTENT:
1.1. The purpose of this Request for Proposal (RFP) by the County of Fairfax, Virginia is to solicit proposals from interested and qualified applicants to establish a contract through competitive negotiation for the procurement of comprehensive case management, employment services and financial literacy for the Fairfax County Redevelopment and Housing Authority’s (FCRHA) Moving to Work (MTW) Portfolio.
2. ADDITIONAL INFORMATION:
2.1. Federal funds may be expended under the resulting contract; therefore the Contractor shall be bound by the attached Federal Grant Terms and Conditions (Attachment B) without exception.
2.2. The County uses Virginia's online electronic procurement system (eVA), to publicly announce contract awards, which requires Contractor registration. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage https://eva.virginia.gov/.
2.3. All communications and requests for information and clarifications shall be directed to:
Arzoo Amiri, Contract Specialist II Department of Procurement and Material Management Telephone: 703-324-5960 Email: Arzoo.amiri@fairfaxconty.gov
3. OPTIONAL PRE-PROPOSAL CONFERENCE:
3.1. An optional pre-proposal conference shall be held on at A.M. via Microsoft Teams web conferencing. Participants are required to register prior to the pre-proposal web conference. Use the registration URL https://events.gcc.teams.microsoft.com/event/5c840739-0fbb-4330-a131-a87d8ed4b878@a26156cb-5d6f- 4172-9d7d-934eb0a7b275 to register and receive the password to enter the meeting. Participants shall be asked to wait in the waiting room until the host allows the participants to join the meeting.
3.2. The purpose of the pre-proposal conference is to give potential offerors an opportunity to ask questions and to obtain clarification about any aspect of this Request for Proposal. Offerors may submit any questions pertaining to the RFP, in writing, prior to the pre-proposal conference to arzoo.amiri@fairfaxcounty.gov.
3.3. While attendance at this conference shall not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Any changes resulting from this conference shall be issued in a written addendum to the solicitation.
3.4. To request reasonable ADA accommodations, call the Department of Procurement and Material Management ADA representative at 703-324-3201 or TTY 711. Allow seven working days in advance of the event to make the necessary arrangements.
4. CONTRACT PERIOD AND RENEWAL:
4.1. This contract shall be for two (2) years with three (3) one-year renewal options available or as negotiated.
4.2. Automatic contract renewals are prohibited. Contract renewals must be authorized by and coordinated through the County’s Department of Procurement and Material Management (DPMM). The County reserves the right to renew the contract as listed above, or any combination thereof, if agreeable to all parties.
4.3. The obligation of the County to pay compensation due the Contractor under the contract or any other payment obligations under any contract awarded pursuant to this Request for Proposal is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations. The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County shall not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County shall provide the contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice shall not extend the contract into a fiscal year in which sufficient funds have not been appropriated.
5. BACKGROUND:
5.1. Fairfax County Department of Housing and Community Development (HCD), on behalf of the Fairfax County Redevelopment and Housing Authority (FCRHA), provides housing to approximately 5,300 residents in units owned by the FCRHA or units leased to private market landlords in the Housing Choice Voucher Program (HCV). HCDs mission is the create housing opportunities to promote inclusive and thriving communities. To that end, HCD and the FCRHA intends to help its HCV and Rental Assistance Demonstration residents do more than just survive, by creating a culture that supports and encourages the ability of families and individuals to truly thrive. As a Moving to Work agency, the FCRHA has core objectives to promote self-sufficiency and residential mobility. As such, HCD and the FCRHA seek a qualified contractor to provide professional level, intensive case management services to our residents to meet those core objectives.
https://eva.virginia.gov/ mailto:Arzoo.amiri@fairfaxconty.gov https://events.gcc.teams.microsoft.com/event/5c840739-0fbb-4330-a131-a87d8ed4b878@a26156cb-5d6f-4172-9d7d-934eb0a7b275 https://events.gcc.teams.microsoft.com/event/5c840739-0fbb-4330-a131-a87d8ed4b878@a26156cb-5d6f-4172-9d7d-934eb0a7b275 mailto:arzoo.amiri@fairfaxcounty.gov
Case management services should focus primarily on reducing and removing barriers to self-sufficiency, increasing housing stability, and promoting residential mobility among residents of FCRHA’s rental assistance programs. The goal is to provide additional resources and support for some of FCRHA’s most vulnerable residents. This should include, at a minimum, needs assessments, resources and referrals, service coordination, goal setting and Individual Training and Services Plan (ITSP) management, coaching, and monthly outcome tracking and required reporting. Referrals shall flow through Fairfax County Department of Housing and Community Development. Through this contract, the FCRHA anticipates the following outcomes:
a. Increase in the number of households who remain stably housed, including paying rent on time and in full;
b. increase the number of households that relocate to “opportunity neighborhoods” for greater self-sufficiency and improved individual and family well-being.
c. decreased interruptions in utility services due to late or non-payment.
d. decreased negative interactions with owners, property managers, and neighbors.
e. decrease in food insecurity.
f. longer retention of landlords.
Long-term outcomes include:
a) Increase in number of employed household members and earned income of working individuals.
b) Increase in level of education among household members;
c) Improvement in financial well-being of household members (i.e., decrease in debts, increase in credit score, increase in savings, etc.);
d) Decrease in dependence on welfare subsidy, including housing assistance, TANF, General Relief and
SNAP.
6. STATEMENT OF NEEDS:
6.1. Offerors should submit a technical narrative response demonstrating their ability to provide the following services as listed below.
6.2. Assessment: Initial Assessment to establish a baseline, including but not limited to earned income, monthly rent, level of education, credit score, etc. Employment Barriers Screening and Self-Sufficiency Matrix can be utilized, unless offeror has a more comprehensive substitute. Assessments should be completed at 30-day intervals following the baseline assessments.
6.3. Case Management: Contractor should meet with families monthly, at a minimum, either individually or in a group setting. This should include the development and monitoring of Individual Training and Service Plans that leverage goods and services in the community.
6.4. Employment Services: Assisting households to identify skills and interests; addressing soft skills development;
providing mock interviewing and resume writing opportunities; providing employment leads and application assistance.
6.5. Education/Skill Building: Assisting households to access educational opportunities that shall lead to employment, including but not limited to English as a Second Language classes, basic adult education, computer skills, trade or technical training, enrollment in other educational and training programs, etc.
6.6. Financial Literacy: Assisting households in preparing budgets, managing expenses, paying rent/utilities and bills on time, and paying down debts.
6.7. Service Coordination: When the provider is unable to offer a needed service they must assist the households in accessing third-party resources. This may include but not be limited to emergency financial assistance, employment and training, healthcare, childcare, public assistance benefits, mental health counseling and substance abuse treatment as needed.
6.8. Housing Location, Navigation & Mobility Services: Assisting households in their housing search and help them secure housing with federal financial assistance. This may include, but not be limited to, landlord outreach and recruitment (see 6.8), removing barriers that allow participants to move to areas of greater economic opportunity, such as navigating concerns around transportation access, school choice, service connections and community resources; application filing, assistance accessing security deposit and application fees, connections to credit counseling, and liaising with the PHA Public Housing Authority to complete the Request for Tenancy Approval (RFTA) and lease up process.
6.9. Landlord Outreach Services: Provide property owner services designed to increase the number of housing units in the community available to voucher holders, particularly in areas of greater economic opportunity. This should include building a network of property owners through hosted recruitment activities and the development and distribution of materials that educate, engage and facilitate positive tenant-property owner relationships while promoting compliance with Program requirements.
6.10. Reporting: The Contractor shall be responsible for submitting monthly reports to the FCRHA detailing case management activities and progress toward identified outcomes including but not limited to:
a) increasing the number of clients that achieve their established self-sufficiency goals,
b) increasing the amount of tenant moves that move to areas of opportunity and
c) increased new landlord enrollments.
The contractor shall be responsible for providing statistical tracking of the aforementioned outcomes in a format determined by the FCRHA. In addition, the offeror shall need to submit monthly program invoicing that includes the name, assigned role, and number of hours for all staff charging to the contract.
7. TECHNICAL PROPOSAL INSTRUCTIONS: The offeror should submit the Technical Proposal in a separate binder containing the following information. This information is considered the minimum content of the proposal. Proposal contents should be arranged in the same order and identified with headings as presented herein.
7.1. Program Management:
a. Name of firm submitting proposal; main office address; when organized; if a corporation, when and where incorporated; appropriate Federal, State, and County registration numbers.
b. Understanding of the problem and technical approach.
c. Statement and discussion of the Tasks to be Performed as they are analyzed by the offeror.
d. Offeror should demonstrate an awareness of difficulties in the completion of this undertaking, and a plan for surmounting them. Special attention should be given to methodological issues that shall be encountered in such a project.
7.2. Assessment: Provide explanation of technical approaches as listed in Section 6.2. above. If you propose your version of the Employment Barriers Screening and Self-Sufficiency Matrix, provide a copy.
7.3. Case Management: Describe technical approaches as listed in Section 6.3. above.
7.4. Employment Services: Describe technical approaches as listed in Section 6.4. above.
7.5. Education/Skill Building: Describe technical approaches as listed in Section 6.5. above.
7.6. Financial Literacy: Describe technical approaches as listed in Section 6.6. above.
7.7. Service Coordination: Describe technical approaches as listed in Section 6.7. above.
7.8. Housing Location, Navigation & Mobility Services: Describe technical approaches as listed in Section 6.8.
above.
7.9. Landlord Outreach Services: Describe technical approaches as listed in Section 6.9. above.
7.10. Reporting: Describe technical approaches as listed in Section 6.10. above.
7.11. Statement of Qualifications: The statement of Qualifications must include a description of organizational and staff experience and resumes of proposed staff.
a. Organizational and Staff Experience: Offerors must describe their qualifications and experience to perform the work described in this Request for Proposal. Information about experience should include direct experience with the specific subject matter.
b. References: Special notation must be made of similar or related programs performed and must include organization names, addresses, names of contact persons, and telephone numbers for such reference.
c. Personnel: Full-time and part-time staff, proposed consultants and subcontractors who may be assigned direct work on this project should be identified. Information is required which shall show the composition of the task or work group, its specific qualifications, and recent relevant experience. Special mention shall be made of direct technical supervisors and key technical personnel, and approximate percentage of the total time each shall be available for this project. The technical areas, character and extent of participation by any subcontractor or consultant activity must be indicated and the anticipated sources shall be identified. Resumes of staff and proposed consultants are required indicating education, background, recent relevant experience with the subject matter of the project. Current telephone numbers must be included.
d. Financial Statements: Provide an income statement and balance sheet from the most recent reporting period.
7.12. The personnel named in the technical proposal shall remain assigned to the project throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by the County Purchasing Agent.
8. COST PROPOSAL INSTRUCTIONS:
8.1. The offeror must submit a separate cost proposal/budget fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fee(s).
9. PRICING:
9.1. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of the contract during the first two initial years. Changes in cost for any subsequent contract years may be based on the Consumer Price Index (CPI-U), or other relevant indices, not to exceed 3%.
9.2. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics, Consumer Price Index (CPI-U), change in manufacturer's price, etc.).
10. TRADE SECRETS/PROPRIETARY INFORMATION:
10.1. Trade secrets or proprietary information submitted by an offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, offerors must invoke the protections of this section prior to or upon submission of the data or other materials.
10.2. The offeror must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award(s) should be stated by the offeror.
10.3. Offeror shall complete the Request for Protection of Trade Secrets or Proprietary Information to identify and protect trade secrets or proprietary information from disclosure under the Virginia Freedom of Information Act.
10.4. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.
11. REQUIRED SUBMITTALS:
11.1. Each Offeror responding to this Request for Proposal must supply all the documentation required in the RFP.
Failure to provide documentation with the Offeror's response to the RFP may result in the disqualification of the Offeror's proposal.
12. ADDENDA:
12.1. Offerors are reminded that solicitation changes, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda should be signed and submitted before the due date/time or must accompany the proposal.
12.2. Notice of addenda shall be posted on eVA and Bonfire. It is the Offeror’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com.
12.3. The last day to submit question to be addressed in the addendum shall be addressed in Bonfire under “Questions Due Date.”
13. PROPOSAL ACCEPTANCE PERIOD:
13.1. Any proposal submitted in response to this solicitation shall be valid for 180 days. At the end of the days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
14. BASIS FOR AWARD:
14.1. This Request for Proposal is being utilized for competitive negotiation. Under the competitive negotiation process, a contract may be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the County, taking into consideration price and the evaluation criteria listed below. The County reserves the right to make multiple awards from this solicitation.
14.2. A Selection Advisory Committee (SAC) has been established to review and evaluate all proposals received.
14.3. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Selection Advisory Committee or any person involved in the evaluation of the proposals.
SAC members shall refer all calls related to this solicitation to the procurement official named in 2.3 above.
Failure to comply with this directive may, at the sole discretion of the County, result in the disqualification of an offeror from the procurement process.
14.4. The SAC shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below. Based upon this review, the cost proposals of the highest rated offeror(s) shall then be reviewed.
14.5. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the County Purchasing Agent to make oral presentations to the SAC. This committee shall then conduct a final evaluation of the proposals. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal.
14.6. Negotiations shall then be conducted with each of the offerors so selected. After negotiations have been https://fairfaxcounty.bonfirehub.com/ conducted with each offeror so selected, the County shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror.
14.7. Should the County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The Committee shall make appropriate recommendations to the County Executive and Board of Supervisors, if appropriate, prior to actual award of contract.
14.8. Proposal Evaluation Criteria: The following factors shall be considered in the award of this contract:
1. Program management and Performance (Sections 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, and 7.10) — 45 Points- Assessment, case management, employment services, education and skill building, financial literacy, service coordination, housing location, navigation and mobility services, landlord outreach services, and reporting
2. Organizational Experience and qualifications (Section 7.11a-b)-20 points
3. Experience and qualifications of personnel assigned to the contract (Section 7.11c)- 20 points
4. Cost Reasonableness and Value (15 points) - Reasonableness and cost effectiveness of the proposed budget in relation to the scope of services and overall value to the County.
14.9. Fairfax County reserves the right to make on-site visitations to assess the capabilities of individual offerors and to contact references provided with the proposal.
14.10. The County Purchasing Agent may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.
14.11. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the County Purchasing Agent, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Consequently, offerors should provide complete, thorough proposals with the offerors most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors should submit such additional material in a timely manner.
14.12. Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined to meet the specifications of this Request for Proposal shall be classified as "acceptable".
Proposals found not to be acceptable shall be classified as "unacceptable" and no further discussion concerning same shall be conducted.
14.13. The County may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.
15. INSURANCE:
15.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.
15.2. The Contractor must during the continuance of all work under the contract provide the following:
a. Statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.
b. Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the Contractor, its subcontractors, and the interest of the County, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.
c. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, shall be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.
15.3. Liability Insurance "Claims Made" basis:
a. If the liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same.
b. The Contractor must either:
1. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under this contract, or
2. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.
15.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.
15.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services. Use of large deductibles and/or self-insured retentions shall require proof of financial ability as determined by the County.
15.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.
15.7. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best's Key Rating of at least A: VII.
15.8. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best's rating of A: VII or better.
15.9. The Contractor shall provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”
15.10. The Contractor shall secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.
15.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
15.12. The Contractor shall provide on demand certified copies of all insurance policies related to the contract within ten business days of demand by the County. These certified copies shall be sent to the County from the Contractor's insurance agent or representative.
15.13. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.
15.14. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract.
15.15. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor is as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by the Contractor as it is for acts and omissions of person directly employed by Contractor.
15.16. Precaution shall be exercised at all times for the protection of persons (including employees) and property.
15.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local occupational safety and health requirements, including, but not limited to, the Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this contract.
16. METHOD OF ORDERING:
16.1. As requirements arise, authorized individuals may place orders for specific quantities of items covered in this contract. Regardless of the method of ordering used, the contract and any subsequent modifications determine performance time and dates. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed.
17. REPORTS AND INVOICING:
17.1. The Contractor must maintain all records in compliance with federal and state regulations. The Contractor(s) must submit to each program administrator, monthly statistical reports and an annual tabulated report.
17.2. The Contractor must invoice each County department using the final contract separately. Invoices for all users of the contract must meet County requirements, unless otherwise indicated. The Contractor must send each department an itemized monthly invoice (or as agreed to between the parties), which must include the information listed below:
a. Employee name;
b. Name of the County department;
c. Date of services
d. The type of services; and,
e. The itemized cost for each item/service
f. Purchase Order Number
g. Contract Number.
17.3. County departments must receive monthly invoices by the 10th of each month following the month the Contractor provided the service. In addition, the Contractor shall provide each County department a monthly and year-to-date utilization report which lists all information shown above in paragraph 17.2, a-g. The Contractor shall mail the invoices and the utilization reports to the individuals identified in the final contract.
18. CHANGES:
18.1. Fairfax County may, at any time, by written order, require changes in the services to be performed by the Contractor. If such changes cause an increase or decrease in the Contractors cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. The County Purchasing Agent must approve all work that is beyond the scope of this Request for Proposal.
18.2. No services for which an additional cost or fee shall be charged by the Contractor shall be furnished without the prior written authorization of the Fairfax County Purchasing Agent.
19. ACCESS TO AND INSPECTION OF WORK:
19.1. The Fairfax County Purchasing Agent and using agencies shall, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.
20. DATA SOURCES:
20.1. The County shall provide the Contractor with all available data possessed by the County that relates to this contract. However, the Contractor is responsible for all costs for acquiring other data or processing, analyzing or evaluating County data.
21. SAFEGUARDS OF INFORMATION:
21.1. Unless approved in writing by the County Purchasing Agent, the Contractor may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the Contractor under the final contract.
22. ORDER OF PRECEDENCE:
22.1. In the event of conflict, the Acceptance Agreement, provided at contract award, and the Special Provisions of this contract shall take precedence over the General Conditions and Instructions to Bidders, (Exhibit A).
23. SUBCONTRACTING:
23.1. If one or more subcontractors are required, the contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Small Business and Supplier Diversity https://www.sbsd.virginia.gov; local chambers of commerce and other business organizations.
24. NEWS RELEASE BY VENDORS:
24.1. As a matter of policy, the County does not endorse the products or services of a Contractor. News releases concerning any resultant contract from this solicitation shall not be made by the Contractor without the prior written approval of the County. All proposed news releases shall be routed to the Purchasing Agent for review and approval.
25. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:
25.1. Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities and services. Fairfax County government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with ADA.
25.2. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and shall provide reasonable accommodations upon request. Bidders requesting special accommodations should call the Department ADA representative at 703-324-3201 or TTY 711. Allow seven (7) working days in advance of the event to make the necessary arrangements.
26. HIPAA COMPLIANCE:
26.1. Fairfax County Government has designated certain health care components as covered by the Health Insurance Portability and Accountability Act of 1996. The Successful Offeror may be designated a business associate pursuant to 45 CFR part 164.504(e) of those agencies identified as health care components of the County, including the Fairfax-Falls Church Community Services Board, upon award of contract. The Successful Offeror shall be required to execute a Fairfax County Business Associate Agreement and must adhere to all relevant federal, state, and local confidentiality and privacy laws, regulations, and contractual provisions of that agreement. These laws and regulations include, but are not limited to: (1) HIPAA - 42 USC 201, et seq., and 45 CFR Parts 160 and 164; and (2) VA Code - Title 32.1, Health, § 32.1-1 et seq. The Successful Offeror shall have in place appropriate administrative, technical, and physical safeguards to ensure the privacy and confidentiality of protected health information.
26.2. Further information regarding HIPAA Compliance is available on the County’s website at HIPAA: Business Associate Agreements | Topics (fairfaxcounty.gov)
27. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:
27.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any offeror 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 proposal a statement describing why the offeror is not required to be so authorized. Any offeror that fails to provide the required information may not receive an award.
28. ELECTRONIC SIGNATURES:
28.1. Contractors agree that contracts and other associated documents may be executed using electronic signatures and delivered by electronic means. When electronic signatures are used, Contractors agree that the signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
29. FORCED AND INDENTURED CHILD LABOR PROHIBITION:
29.1. Contractors are prohibited from the use of “forced or indentured child labor” in the performance of the contract.
Forced or indentured child labor means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
https://www.fairfaxcounty.gov/topics/hipaa-business-associate-agreements https://www.fairfaxcounty.gov/topics/hipaa-business-associate-agreements
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