2-RFP 2000004300.pdf

Rev. 7/2018

RFP2000004300

SPECIAL PROVISIONS

1. SCOPE OF SERVICES:

1.1. The purpose of this solicitation is to establish a contract or contracts through competitive negotiation for the provision of professional Actuarial Consulting Services. The successful offeror shall provide actuarial studies of the Fairfax County Self-Insurance Fund for the Department of Finance, Risk Management Division (RMD), with the objective of providing information leading to fiscally sound risk management programs by the County of Fairfax, Virginia.

2. PRE-PROPOSAL CONFERENCE:

2.1. An optional pre-proposal conference will be held on March 19, 2026, at 11:00 A.M. will be held online via Microsoft Teams call. Offerors wishing to participate will need to register using the following link:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/27040586383552?p=dEFk5QfU7c8mjChv6Y Meeting ID: 270 405 863 835 52 Passcode: 6qw9an9D

Need help? | System reference Dial in by phone +1 571-429-5982,851649846# United States, Washington Find a local number Phone conference ID: 851 649 846# For organizers: Meeting options | Reset dial-in PIN

2.2. 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 Zabiullah.wahedi@fairfaxcounty.gov.

3. CONTRACT PERIOD AND RENEWAL:

3.1. The initial period of the contract shall be a term of three (3) years, with the option to renew for Five (5) additional one-year periods or any combination thereof, contingent upon satisfactory performance and mutual agreement.

3.2. 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.

4. BACKGROUND:

4.1. Fairfax County has a statutory obligation to provide Workers’ Compensation benefits to employees who sustain occupational injuries or illnesses. To fulfill this responsibility, the County Insurance Fund was established and is administered by the Risk Management Division within the Department of Finance. In addition to Workers’ Compensation, the Fund provides countywide coverage through a combination of commercial insurance and self-insurance. The https://teams.microsoft.com/meet/27040586383552?p=dEFk5QfU7c8mjChv6Y https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2Y1MWY2ZTQtMTU0Ni00Yzg5LWIxNTYtODg0YjVjODg3MTQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22a26156cb-5d6f-4172-9d7d-934eb0a7b275%22%2c%22Oid%22%3a%22219edb66-18dc-4642-8f0b-b7ad7e862358%22%7d tel:+15714295982,,851649846 https://dialin.teams.microsoft.com/e5b18791-4e42-4a82-bed2-216a0e93463a?id=851649846 https://teams.microsoft.com/meetingOptions/?organizerId=219edb66-18dc-4642-8f0b-b7ad7e862358&tenantId=a26156cb-5d6f-4172-9d7d-934eb0a7b275&threadId=19_meeting_M2Y1MWY2ZTQtMTU0Ni00Yzg5LWIxNTYtODg0YjVjODg3MTQ2@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing mailto:Zabiullah.wahedi@fairfaxcounty.gov

County self-insures automobile liability, general liability, public officials liability, and law enforcement claims.

4.2. Fairfax County delivers a wide range of services to both employees and residents, which inherently exposes the County to various risks. These risks include employee injuries, third-party bodily injury or property damage, incidents arising from police operations, actions of public officials, and liabilities associated with the operation and maintenance of sewage and stormwater management systems.

4.3. The Risk Management Division carries out its mission from both internal and external perspectives. Recognizing that an organization of the County’s size will inevitably experience losses, Risk Management staff focus on mitigating risks and managing financial liabilities through a strategic combination of self-insurance and commercial insurance. Self-insurance generally applies to losses expected to occur with some frequency, such as Workers’ Compensation, automobile liability, general liability, police professional liability, and public officials liability. Commercial insurance is typically used for infrequent but high-severity exposures, such as real property losses, aircraft liability, and damage to high-value vehicles.

Historically, the County has procured insurance and claims services through competitive solicitations every five years. The County currently maintains excess insurance coverage with a $2,000,000 self-insured retention (SIR) for liability claims and a $3,000,000 SIR for Workers’ Compensation claims. These retention levels may be subject to change.

4.4. Funding for insured and self-insured risks has historically been maintained separately;

however, an Insurance Fund has been established to consolidate all risk management funding.

Fairfax County has self-insured its automobile liability and general liability risks since July 1, 1985. The County has also self-insured and administered its Workers’ Compensation Program since 1965. Since the inception of self-insurance, claims adjusting and processing services for this program have been contracted to independent third-party administrators.

5. STATEMENT OF NEEDS:

5.1. The County is seeking proposals to provide actuarial studies, advisory, and consulting services for the Risk Management Division (RMD), as required. Services should include, but are not limited to, the following:

a. Reserve Fund Financial Requirements:

Development and evaluation of financial requirements necessary to maintain a stable and adequately funded reserve program.

b. Annual Actuarial Analysis and Recommendations:

The Contractor shall perform an annual actuarial valuation as of June 30 of each year.

The valuation shall include recommendations and a report containing the estimated reserve and reserve position projected as of June 30 of the following year.

A review of the June 30 valuation shall also be conducted for Workers’ Compensation claims as of December 31 of each year. The County may require additional analyses at other times during the year, as needed.

The annual actuarial analysis shall include, at a minimum, the following components for each applicable program:

1. Estimated Unpaid Losses and Allocated Loss Adjustment Expenses (ALAE)

• Estimates provided on both a nominal and discounted basis

• Estimates provided on an expected value basis

• Estimates provided at various confidence levels

2. Prospective Loss Projections

• Projections of future year losses and ALAE

3. Total Funding Requirements

Determination of funding requirements for the following claim programs:

• Workers’ Compensation

• Automobile Liability

• General Liability

• Public Officials’ Liability

• Police Liability

Each claim category should be separately analyzed and specifically addressed in the actuarial report.

4. Data and Reporting Timeline

• Data necessary for the annual analysis will be provided to the Contractor in July of each year.

• The Contractor should complete the analysis and submit a draft report for review and final approval no later than mid-August of each year.

c. Special Projects:

The Contractor should perform special actuarial projects as requested by the County.

Such projects may include, but are not limited to:

• Premium studies

• Funding analyses

• Legislative initiative evaluations

• Other related actuarial or financial studies

5.2. At Minimum, a qualified offeror candidate should possess the following degree or board certifications:

a. Education

• Bachelor’s degree in actuarial science, Mathematics, Statistics, Finance, Economics, or a closely related quantitative field from an accredited institution.

• Coursework demonstrating strong competency in probability, statistics, financial mathematics, and risk modeling.

b. Licensure & Certifications

• Active professional designation as an Associate or Fellow of a recognized actuarial organization, such as:

• Associate of the Casualty Actuarial Society (ACAS) or Fellow of the Casualty Actuarial Society (FCAS); or

• Associate of the Society of Actuaries (ASA) or Fellow of the Society of Actuaries (FSA), depending on scope of services.

• Member in good standing with the American Academy of Actuaries (MAAA), if signing Statements of Actuarial Opinion or providing reserve certifications.

• Ability to meet applicable Qualification Standards for issuing Statements of Actuarial Opinion in the United States.

c. Experience

• Minimum of five (5) years of progressively responsible actuarial experience in property and casualty insurance, self-insured programs, or governmental risk management programs.

• Demonstrated experience performing:

o Loss reserve analyses o Estimation of unpaid losses and ALAE o Nominal and discounted reserve calculations o Funding and financial projections o Confidence interval and expected value modeling

• Experience analyzing multi-line liability programs, including Workers’ Compensation and General Liability.

• Experience preparing formal actuarial reports for public entities or large organizations.

d. Preferred Qualifications i.Specialized Training

• Advanced training in loss reserving methodologies (e.g., chain ladder, Bornhuetter-Ferguson, frequency-severity modeling).

• Training in predictive analytics, advanced statistical modeling, or stochastic modeling techniques.

• Continuing professional education (CPE) specific to governmental risk pools or self-insured programs.

• Training related to public-sector finance, GASB standards, or governmental accounting requirements.

ii.Additional Preferred Experience

• Experience working with governmental entities, municipalities, counties, or public risk management divisions.

• Experience providing expert testimony or presenting actuarial findings to governing boards or finance committees.

• Experience with legislative impact studies and premium development analyses.

• Familiarity with actuarial software and analytical tools such as

6. TECHNICAL PROPOSAL INSTRUCTIONS:

6.1. The Offeror must submit its Technical Proposal electronically through Bonfire, in accordance with the instructions provided in this RFP.

The Technical Proposal shall, at a minimum, contain the information outlined below. Proposal contents shall be organized in the same order and identified using the section headings provided herein.

In addition, the Offeror shall upload the following documents in Bonfire:

• Executed County Cover Sheet (DPMM32)

• Attachment A documents

• Attachment B

• All issued Addenda (if applicable)

6.2. Executive Summary

The Executive Summary shall include:

a. Name of the firm submitting the proposal; main office address; date organized; and, if a corporation, when and where incorporated.

b. Appropriate Federal, State, and County registration numbers.

c. A concise summary of the Offeror’s experience, actuarial qualifications, and reputation in providing governmental actuarial studies, reserve analyses, funding projections, and advisory services similar to those described in Section 5.1.

6.3. Technical Approach:

The Offeror shall demonstrate a clear understanding of the County’s requirements for actuarial studies, advisory and consulting support for the Risk Management Division (RMD) and provide a detailed technical approach for performing the required services.

The proposal shall include:

• Statement of the requirements as analyzed by the Offeror

• Proposed Scope of Work

• Description of actuarial techniques and analytical methods

• Approach to estimating unpaid losses and ALAE

• Approach to projecting prospective year losses

• Methodology for determining total funding requirements for each claim category (Workers’ Compensation, Automobile Liability, General Liability, Public Officials’ Liability, and Police Liability)

a. The technical proposal should provide a more detailed discussion of the following areas, in addition to addressing the points listed above.

• A general description of the actuarial methodologies proposed to address each component of the Statement of Need in Section 5.1, including:

Development of financial requirements to maintain a stable reserve fund

• Annual actuarial valuation as of June 30

• December 31 Workers’ Compensation review

• Projections of prospective losses and ALAE

• Determination of funding requirements by claim type

• Special projects involving premiums, funding, and legislative initiatives

• Discussion of key methodological considerations, including: Estimation of unpaid losses and ALAE

• Nominal and discounted analyses

• Expected value calculations and confidence level modeling

• Data limitations and actuarial assumption

• Identification of data requirements necessary to perform the annual actuarial study, including: Whether specific or aggregate data will be required

• Data validation approach

• Willingness to utilize prior studies and historical data

b. Approach to special projects and advisory assignments Analytical Tools and Risk Management

• Description of analytical tools, models, calculations, and supporting documentation to substantiate the proposed approach

• Identification of potential challenges (e.g., data quality, emerging claim trends, legislative changes) and the Offeror’s strategy for addressing such challenges

6.4. Preliminary Work Plan and Schedule:

The Offeror shall present a comprehensive work plan that includes:

a. Description of project phases, including:

• Data receipt and validation (July)

• Analysis phase

• Draft report preparation

• Review and revision process

• Final report issuance

b. Timeline demonstrating the ability to submit the annual draft actuarial report no later than mid-August.

c. Description of the December 31 Workers’ Compensation review process.

d. Identification of major milestones and anticipated deliverables.

e. Description of responsiveness and availability for additional analyses required throughout the year.

6.5. Treatment of Issues and Exceptions

If applicable, the Offeror may:

• Identify any exceptions to the RFP requirements.

• Provide recommendations for alternative actuarial or funding approaches.

• Suggest enhancements to reserve funding methodologies, reporting structure, or analytical processes.

• Any exceptions or proposed deviations must be clearly identified and fully explained.

6.6. Statement of Qualifications:

The Statement of Qualifications shall include the following:

a. Organizational Qualification and Experience:

A detailed description of the firm’s qualifications and experience performing actuarial analyses for governmental entities, self-insured programs, and multi-line liability portfolios. Information shall include direct experience with similar subject matter.

b. References (minimum of three):

• Provide references for similar engagements, including:

• Organization name

• Address

• Contact person

• Telephone number

c. Personnel:

Identify all full-time and part-time staff, consultants, and subcontractors assigned to this project. The proposal shall include:

• Specific qualifications and recent relevant experience

• Identification of key technical supervisors and lead actuary

• Approximate percentage of time each individual will dedicate to the project

• Description of subcontractor or consultant participation, if applicable

• Resumes shall be provided for all key personnel and consultants and shall include education, actuarial credentials, relevant experience, and current telephone numbers.

d. Staffing Plan:

Provide a staffing plan that includes:

• Organizational chart

• Composition of the project team

• Allocation of professional staff across major tasks

• Timeline for the project

• Identification of key personnel and their relationship to the Offeror

• Time commitment of each team member

e. Financial Statements The Offeror shall provide an income statement and balance sheet from the most recent reporting period.

6.7. Personnel Commitment

Personnel identified in the Technical Proposal shall remain assigned to the project throughout the contract term.

No diversion or replacement of key personnel shall occur without submission of the proposed replacement resume and prior written approval by the County Purchasing Agent.

7. COST PROPOSAL INSTRUCTIONS:

7.1. The County IS NOT requesting Cost proposals at the present time. The County will request a Cost proposal under separate cover from the top ranked offeror at a later date. The specific cost proposal format will be provided to the top rated offeror at the time the request is made.

The County reserves the right to require that Cost proposals be submitted by a specified deadline. The County may reject any Cost proposals that are submitted after the designated date and time.

8. PRICING:

8.1. The subsequent contract will be a firm-fixed price agreement. 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 may be based on the Consumer Price Index (CPI-U), U.S. City Averages, or other relevant indices in any twelve (12) months period and may not be requested more than once every twelve months.

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.).

8.3. Price decreases shall be made in accordance with paragraph 40 of the General Conditions &

Instructions to Offerors. (Appendix A)

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. Request for Protection of Trade Secrets or Proprietary Information (Attachment A) is provided as a courtesy to assist offerors desiring to 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. CONTACT FOR CONTRACTUAL MATTERS:

10.1. All communications and requests for information and clarifications shall be directed to the following procurement official:

Zabiullah Wahedi, Contract Specialist II Department of Procurement and Material Management Telephone: (703) 324-4149 E-mail: Zabiullah.wahedi@fairfaxcounty.gov

10.2. No attempt shall be made by any offeror to contact members of the Selection Advisory

Committee (SAC) about this procurement.

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. SUBMISSION OF PROPOSAL:

12.1. Proposals must be received electronically through Fairfax County’s online Procurement Portal at: https://fairfaxcounty.bonfirehub.com, on or before the Submittal Deadline.

Submissions will only be accepted through the portal. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this RFP. Proposal submissions and registration are free of charge. Offerors can register for a free account at: https://fairfaxcounty.bonfirehub.com, which will be required when preparing a submission. Documents may be uploaded at any time during the open period. The official time used for receipt of bids/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at support.bonfire@eunasolutions.com. or click on the link “Contact Bonfire Support here” under Need Help?. (Note: it takes an average of 16 minutes to an hour for a response). Therefore, offerors shall take the necessary steps to submit their proposals in advance.

12.2. 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.

12.3. 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. Minimum system requirements for the Bonfire portal - Microsoft Edge, Google Chrome, or Mozilla Firefox.

JavaScript must be enabled. Browser cookies must be enabled.

12.4. 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.

12.5. Unnecessarily elaborate brochures of other presentations beyond that sufficient to present a complete and effective proposal is not desired.

12.6. By executing the cover sheet (DPMM32), Offeror acknowledges that they have read this Request for Proposal, understand it, and agree to be bound by its terms and conditions.

mailto:support.bonfire@eunasolutions.com

13. ADDENDA:

13.1. Offerors are reminded that changes to the proposal, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda shall be signed and submitted as instructed on the addenda.

13.2. The last day to submit questions to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date.” All questions pertaining to this RFP shall be submitted to Zabiullah.Wahedi@fairfaxcounty.gov.

13.3. 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.

14. PROPOSAL ACCEPTANCE PERIOD:

14.1. Any proposal submitted in response to this solicitation shall be valid for (180) days. At the end of the 180 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.

15. BASIS FOR AWARD:

15.1. 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 factors set forth in the Request for Proposal. The County reserves the right to make multiple awards as a result of this solicitation.

15.2. A Selection Advisory Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below in paragraph15.5.

15.3. The County shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, offerors shall be informed of any ranking criteria that will be used by the public body in addition to the review of the professional competence of the offeror. At this discussion stage, the County may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in this Request for Proposal and all information developed in the selection process to this point, the Selection Advisory Committee shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious.

15.4. Negotiations shall then be conducted, beginning with the offeror ranked first. At this time, the offeror and the Selection Advisory Committee may negotiate any changes desired in the offer if deemed in the best interest of Fairfax County. If a contract satisfactory and advantageous to the public body can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. 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 and suitable 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.

15.5. Proposal Evaluation Criteria

The following factors will be considered in the award of this contract in response to special provision paragraph (ref. 6) with a total weight of 100points The following factors will be considered in the award of this contract:

1. Experience and qualifications/financial stability of the firm (25 Points)

2. Staff experience and qualifications/staffing plan (25 Points)

3. References from other clients (10 Points)

4. Technical Approach and Methodology (40 Points)

15.6. 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.

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

15.8. 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.

15.9. 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.

15.10. 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.

16. INSURANCE:

16.1. The Contractor shall be 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.

16.2. The Contractor shall, during the continuance of all work under the Contract provide the following:

a. Maintain statutory Worker's Compensation and Employer's Liability insurance in limits of not less than $100,000 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 limits of not less than $1,000,000 per occurrence/ $2,000,000 in aggregate, to protect the Contractor, its sub-Contractors, and the interest of the County, its officers, employees and agents 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.

The General Liability insurance shall include the Broad Form Property Damage endorsement, in addition to coverages for explosion, collapse, and underground hazards, where required. Completed operations liability endorsement shall continue in force for three years following completion of the contract.

c. Automobile Liability for owned, non owned, and hired insurance, in limits of not less than

$1,000,000 per occurrence/aggregate or Combined Single limit, 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.

d. Professional Liability Insurance or Errors and Omissions Liability covering wrongful acts, errors and/or omissions in limits of not less than $1,000,000 per claim to cover each individual professional staff. The Contractor agrees to maintain Professional Liability insurance in the amount of $1,000,000 per claim to cover each individual professional staff.

e. Liability Insurance "Claims Made" basis:

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. 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.

f. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

g. Rating Requirements:

1) 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:VI.

2) 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:VI or better.

h. Indemnification: Article 57 of the General Conditions and Instructions to Bidders

(Appendix A) shall apply.

i. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein, and shall have it filed with the County Purchasing Agent before any work is started.

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

k. If the Contractor delivers services from a County-leased facility, the Contractor is required to carry property insurance on all equipment, to include County-owned installed and maintained equipment used by the Contractor while in their care, custody and control for the use of this contract. The Contractor will provide on demand certified copies of all insurance policies related to the contract within ten (10) business days of demand by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative.

16.3. No change, cancellation, or non-renewal shall be made in any insurance coverage without a thirty (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 will result in suspension of all payments until the new certificate is furnished.

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

16.5. The County, its officers and employees shall be named as an "additional insured" in the General Liability policies and it shall be stated on the Insurance Certificate that this coverage "is primary to all other coverage the County may possess."

17. METHOD OF ORDERING:

17.1. The County may use two (2) different methods of placing orders from the final contract:

Purchase Orders (PO’s) and, approved County procurement cards.

17.2. A Purchase Order (PO) may be issued to the contractor on behalf of the County agency ordering the items/services covered under this contract. An issued PO will become part of the resulting contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

17.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or

Fairfax County Public Schools “Procurement” Card. The Procurement Card is currently a Master Card. Contractors are encouraged to accept this method of receiving orders.

17.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

17.5. 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. Purchase requisitions shall not be used for placing orders.

18. REPORTS AND INVOICING:

18.1. 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.

18.2. 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. The name of the County department;

c. Date of services

d. The type of services; and,

e. The itemized cost for each item/service.

18.3. 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 18.2, a-e. The Contractor will mail the invoices and the utilization reports to the individuals identified in the final contract.

19. CHANGES:

19.1. 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.

19.2. 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.

20. DELAYS AND SUSPENSIONS:

20.1. The County may direct the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the County. The County will extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

20.2. If the County does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the County Purchasing Agent written notice if Fairfax County fails to provide data or services that are required for contract completion by the Contractor. The County may extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

20.3. The Contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the Purchasing Agent such work is not impacted by the County’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

21. ACCESS TO AND INSPECTION OF WORK:

21.1. 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.

22. DATA SOURCES:

22.1. The County will provide the Contractor 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.

23. SAFEGUARDS OF INFORMATION:

23.1. 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.

24. ORDER OF PRECEDENCE:

24.1. 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, (Appendix A).

25. SUBCONTRACTING:

25.1. 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.

26. USE OF CONTRACT BY OTHER PUBLIC BODIES:

26.1. Reference Paragraph 70, General Conditions and Instructions to Bidders, Cooperative Purchasing. 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. (See Appendix B for sample listing).

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

26.3. 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.

26.4. 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 contracts 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.

26.5. 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.

27. NEWS RELEASE BY VENDORS:

27.1. 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 a contractor without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

28. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

28.1. 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.

28.2. 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 1-800-828-1140. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

29. HIPAA COMPLIANCE:

29.1. Fairfax County Government has designated certain health care components as covered by the Health Insurance Portability and Accountability Act of 1996. The successful vendor will 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 vendor 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 vendor shall have in place appropriate administrative, technical, and physical safeguards to ensure the privacy and confidentiality of protected health information.

29.2. Further information regarding HIPAA Compliance is available on the County’s website at http://www.fairfaxcounty.gov/HIPAA.

30. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

30.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or 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 bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

31. ELECTRONIC SIGNATURES:

31.1. 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.

http://www.fairfaxcounty.gov/HIPAA