2-2 - Special Provisions.pdf

IMPORTANT NOTICE

RFP 2000004361: Process Servers

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL 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) will 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 will 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 will 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

2000004361

SPECIAL PROVISIONS

1. INTENT AND PURPOSE:

1.1. The Request for Proposal purpose is to solicit sealed proposals from qualified offerors to establish a contract or contracts through competitive negotiation for the provision of process servers, in accordance with Attachment A for the County of Fairfax, Virginia.

2. ADMINISTRATIVE REQUIREMENTS AND PROCUREMENT CONTACT:

2.1. 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 (www.eVA.virginia.gov).

2.2. All communications and requests for information and clarifications shall be directed to:

Flor Morrobel, Contract Specialist II Department of Procurement and Material Management Telephone: 703-324-7561 Email: Flor.Morrobel@fairfaxcounty.gov

3. OPTIONAL PRE-PROPOSAL CONFERENCE:

3.1. An optional pre-proposal conference will be held on May 27, 2026, at 11:45 A.M., EST 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/2c585d3b-9c64-4174-875d- 5ed6a6fc9d05@a26156cb-5d6f-4172-9d7d-934eb0a7b275) to register and receive the password to enter the meeting. Participants will be asked to wait in the waiting room until the host allows the participants to attend 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 flor.morrobel@fairfaxcounty.gov.

3.3. While attendance at this conference will 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 will 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 will be for one (1) year with four (4) one-year renewal options available.

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 for three additional one (1) year periods, 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 will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will 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. Process servers in child welfare and adult welfare cases play a critical legal and procedural role as the scope of their work centers on formally notifying parties and witnesses of court proceedings that affect children’s safety, custody, and permanency or an adult’s legal capacity.

http://www.eva.virginia.gov)/ mailto:Flor.Morrobel@fairfaxcounty.gov mailto:flor.morrobel@fairfaxcounty.gov

6. TECHNICAL PROPOSAL INSTRUCTIONS:

6.1. Offerors should submit their Technical Proposal response as instructed in Bonfire containing the following information, which is considered the minimum content of the proposal.

a. Complete and sign the Fairfax County Cover Sheet (DPMM32)

b. Attachment A: Technical Proposal Response Form

c. Attachment B: Forms

d. All issued Addenda

e. Supporting Documentation (if applicable)

7. COST PROPOSAL INSTRUCTIONS:

7.1. Offeror should submit their cost proposal response as instructed in Bonfire fully supported by adequate cost and pricing data to establish the reasonableness of the proposed fee per Attachment C.

8. PRICING:

8.1. 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 365 days. Changes in cost for any subsequent contract years will be based on the Consumer Price Index (CPI-U), or other relevant indices. Should a price increase be granted, the prices will remain firm for 365 days.

8.2. 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.).

9. TRADE SECRETS/PROPRIETARY INFORMATION:

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

10. REQUIRED SUBMITTALS:

10.1. 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.

11. ADDENDA:

11.1. 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.

11.2. Notice of addenda will 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.

11.3. The last day to submit question to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date.”

12. PROPOSAL ACCEPTANCE PERIOD:

12.1. 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.

https://fairfaxcounty.bonfirehub.com/

13. BASIS FOR AWARD:

13.1. 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.

13.2. A Selection Advisory Committee (SAC) has been established to review and evaluate all proposals received.

13.3. 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 will refer all calls related to this solicitation to the procurement official named 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.

13.4. 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) will then be reviewed.

13.5. 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 will 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. Negotiations shall then be conducted with each of the offerors so selected. After negotiations have been 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.

13.6. 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 will make appropriate recommendations to the County Executive and Board of Supervisors, if appropriate, prior to actual award of contract.

13.7. Proposal Evaluation Criteria: The following factors will be considered in the award of this contract:

1. Attachment A: Statement of Qualifications, Section 3. (35 points)

2. Attachment A: Technical Narrative, Section 4. (45 points)

3. Cost Reasonableness (20 points)

13.8. 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.

13.9. The County Purchasing Agent may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

13.10. 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.

13.11. Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined to meet the specifications of this Request for Proposal will be classified as "acceptable".

Proposals found not to be acceptable will be classified as "unacceptable" and no further discussion concerning same will be conducted.

13.12. 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.

14. INSURANCE:

14.1. 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.

14.2. 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, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

14.3. 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.

14.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

14.5. 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 will require proof of financial ability as determined by the County.

14.6. 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.

14.7. 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.

14.8. 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.

14.9. The Contractor will 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.”

14.10. The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.

14.11. 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.

14.12. The Contractor will 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 will be sent to the County from the Contractor's insurance agent or representative.

14.13. 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.

14.14. 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.

14.15. 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.

14.16. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

14.17. 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.

15. METHOD OF ORDERING:

15.1. 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.

16. REPORTS AND INVOICING:

16.1. 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.

16.2. 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.

16.3. County departments must receive monthly invoices by the 10th of each month following the month the Contractor provided the service. In addition, the Contractor will provide each County department a monthly and year-to-date utilization report which lists all information shown above in paragraph 16.2, a-g. The Contractor will mail the invoices and the utilization reports to the individuals identified in the final contract.

17. CHANGES:

17.1. 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.

17.2. No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Fairfax County Purchasing Agent.

18. ACCESS TO AND INSPECTION OF WORK:

18.1. The Fairfax County Purchasing Agent and using agencies will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

19. DATA SOURCES:

19.1. The County will 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.

20. SAFEGUARDS OF INFORMATION:

20.1. 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.

21. ORDER OF PRECEDENCE:

21.1. 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.

22. SUBCONTRACTING:

22.1. 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.

23. USE OF CONTRACT BY OTHER PUBLIC BODIES:

23.1. Offerors are advised that the resultant contract(s) may be extended, with the authorization of the Offeror, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your offer.

23.2. It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s).

23.3. Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies.

23.4. Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

23.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

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 will not be made by the Contractor without the prior written approval of the County. All proposed news releases will 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 will 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

26. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

26.1. 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.

27. PROHIBITION ON THE USE OF CERTAIN PRODUCTS AND SERVICES:

27.1. Fairfax County may not use, whether directly or through work with or on behalf of another public body, any hardware, software, or services that have been prohibited by the U.S. Department of Homeland Security for use on federal systems.

28. SOVEREIGN IMMUNITY:

28.1. The County does not waive its sovereign immunity or any other applicable requirement under Virginia law for bringing claims against the County.

29. ELECTRONIC SIGNATURES:

29.1. 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.

30. FORCED AND INDENTURED CHILD LABOR PROHIBITION:

30.1. 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.