2-RFP 2000004324.pdf

IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED ELECTRONICALLY VIA

THE BONFIRE PORTAL (https://fairfaxcounty.bonfirehub.com)

Fairfax County Government uses a procurement portal powered by EUNA (Bonfire) Interactive for accepting and evaluating proposals. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at support.bonfire@eunasolutions.com. Offerors must register in the EUNA (Bonfire) portal in order to download the RFP documents and submit a response to this RFP.

Submitting proposals via the Euna (Bonfire) portal is mandatory. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) in response to this RFP.

Reference Special Provisions, SUBMISSION OF PROPOSAL for additional information.

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.

https://fairfaxcounty.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com

RFP 2000004324

SPECIAL PROVISIONS

1. SCOPE OF SERVICES:

1.1. The purpose of this Request for Proposal (“RFP”) is to solicit sealed proposals to establish a contract(s) through competitive negotiation for the provision of Security Awareness Day Planning and Execution activities provided onsite, virtually, or through a combination of both for the County of Fairfax, Virginia.

1.2. The resulting contract shall be a term contract for services to be utilized at the sole discretion of the County on an as needed basis. The County makes no guarantee, expressed or implied, as to the quantity, frequency, or dollar amount of services that will be ordered. While the County has historically conducted a Security Awareness Day event annually, nothing herein shall be construed as a commitment to hold such event in any given year.

2. CONTRACT PERIOD AND RENEWAL:

2.1. The period of the contract shall be for a period of three years from Date of Award.

2.2. 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.

3. BACKGROUND:

3.1. Cybersecurity Awareness Day is typically held during the month of October, Cybersecurity Awareness Month, at the Fairfax County Government Center in Fairfax, Virginia for County employees.

3.2. Security Awareness Day is an annual one-day event for County employees providing education on current cybersecurity topics that affect the County, government and industry as a whole, or the personal lives of County employees.

3.3. Event Expectations:

Below is information from previous year’s events to assist with providing accurate cost estimates for services related to Security Awareness Day:

• Overall Attendance: 300+ participants

• Refreshments: Light breakfast for attendees

• Program: 1 keynote speaker; 3 breakout sessions featuring speakers or panels

• AISC Luncheon: Catered luncheon for approximately 100 attendees, includes speaker

• Meals: Boxed lunch for general attendees

• Exhibitors: Approximately 5–10 (dependent on available space)

• Sponsors: Multiple sponsors contributing raffle prizes and other event-related items

3.4. The current contracts can be viewed on the County’s contract register at https://www.fairfaxcounty.gov/cregister/ by entering the contract 4400010421 or 4400010422 into the Contract Number field and click submit.

https://www.fairfaxcounty.gov/cregister/

4. STATEMENT OF NEED:

4.1. Statement of Work Requirements - Offerors shall provide a detailed response describing how they will meet the following requirements to support the annual Security Awareness Day. The scope includes planning, design, and execution of all event activities, including but not limited to, a keynote address, three breakout sessions on relevant security topics, vendor/exhibitor displays and demonstrations, an invitation-only catered luncheon with a speaker for Agency Information Security Coordinators (AISC), light breakfast for attendees, boxed lunch for general attendees, coordination of approximately 5–10 exhibitors (space dependent), sponsorship management for raffle prizes and other event-related items, audio/visual support, signage, and event staffing:

A. Task 1 -- Agenda Development and Advanced Planning

• Coordinate and manage all planning activities for the event day.

• Submit a project plan with milestones and deadlines for County review.

• Coordinate event theme and branding in collaboration with County staff.

• Develop contingency plans for speaker cancellations and technical issues.

• Secure all speakers, vendors/exhibitors, and required materials; coordinate their arrival and set up.

• Collect speaker bios, headshots, and presentation abstracts for agenda and promotional use.

• Obtain electronic copies of session materials and speaker technology requirements prior to the event.

• Prepare talking points for ISO staff and County leaders to introduce speakers.

• Develop and disseminate the event agenda and schedule in collaboration with County staff.

• Create online registration materials for Fairfax County’s Learning Management System.

• Monitor registration to ensure attendance meets or exceeds target figures.

• Develop promotional articles and advertisements for County publications (e.g., NewsLink, SharePoint).

• Coordinate with Channel 16 for video recording and streaming requirements.

• Solicit and obtain vendors/exhibitors for sponsorship of sessions and raffle prizes.

• Perform other planning and coordination activities necessary for event success.

B. Task 2 -- Support, Logistics and Materials

• Schedule, secure, and coordinate setup of the venue, including conference rooms and exhibitor areas.

• Provide exhibitor setup guidelines and coordinate space allocation.

• Coordinate audio/visual setup and provide technical support throughout the event.

• Confirm dietary accommodations for catering orders.

• Coordinate catering for:

o Light breakfast for all attendees (300) o Boxed lunches for general attendees (200) o Catered luncheon for AISC attendees (100)

• Design and print approximately 25 posters for display in County facilities prior to the event.

• Prepare event signage, including at least two enlarged agenda posters and breakout room signs.

• Prepare attendee engagement materials (e.g., badges, lanyards, trivia games, puzzles).

• Ensure table signage and engagement activities are prepared.

• Provide on-site support staff for setup and operations, including:

o Room setup and monitoring during presentations o Registration desk assistance o Technical support for speaker presentations o Distribution and collection of surveys and materials o Backup support for speaker introductions

• Disseminate and collect attendee surveys after the event.

• Acquire and purchase speaker gifts on behalf of the County.

• Coordinate design and acquisition of approximately 300 event T-shirts and 20 formal business casual dress shirts for ISO staff.

• Obtain supplies and assist County staff with selecting and distributing raffle prizes.

• Ensure compliance with County branding, accessibility, and security requirements.

C. Task 3 -- Event Conclusion Tasks

• Review and analyze attendee survey results; prepare a summary report.

• Draft and send thank-you letters to speakers, presenters, exhibitors, sponsors, and other contributors.

• Remove all event-related materials, signage, and equipment from the venue and ensure the space is restored to its original condition.

• Submit and present a final event out-brief within one month of event conclusion, including an overview and recommendations for future events.

5. FAIRFAX COUNTY’S RESPONSIBILITIES:

5.1. Fairfax County staff will complete the following planning and logistical responsibilities for the event:

A. Select the event date and reserve the venue at least eight weeks in advance to ensure availability and timely scheduling of preferred speakers.

B. Provide sample agendas and other supporting materials upon award.

C. Supply required formatting and graphic assets (e.g., ISO official logo, branding guidelines) to ensure consistency with previous Security Awareness Day materials and current County standards.

D. Review and approve the timely distribution of printed and electronic notifications, reminders, and related communications in accordance with Fairfax County guidelines.

6. TECHNICAL PROPOSAL INSTRUCTIONS:

The Offeror must submit their response to the Technical Proposal as instructed in Euna (Bonfire) containing the following information. This information will be considered the minimum content of the proposal. Proposal contents shall be arranged in the same order and identified with headings as presented herein.

6.1. DPMM Coversheet (DPMM32) signed.

6.2. Technical Proposal:

1. Cover Letter: The letter will indicate the principal or officer of the Offeror organization who will be the County's primary point of contact during negotiations. This individual must have the authority to negotiate all aspects of the scope of services and provisions on behalf of the Offeror.

2. Technical Approach: The offeror must present a description of the phases or segments into which the proposed program can logically be divided and performed, together with flow charts. The technical narrative should also address separately each of the “Statement of Needs” described in the Section 4 of this Request for Proposal and responses should be keyed to appropriate paragraph numbers, providing the information outlined below:

a. Statement and discussion of the requirements as they are analyzed by the offeror.

b. Offeror’s proposed technical approaches and a detailed outline of the proposed program for executing the requirements of the Statement of Needs and achieving program objectives.

c. Preliminary layouts, samples, diagrams, other graphic representations, calculations, and other data as may be necessary for presentation, substantiation, justification or understanding of the Statement of Needs as applicable.

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 will be encountered in the program.

3. Preliminary Work Plan: This section should include detailed descriptions of activities that are to occur, significant milestones, and anticipated deliverables. Note: Event is held in the month of October.

Below is an example of anticipated project milestones for future contract years:

• 4 Months Prior to Event:

o Provide County with resume of the Project Manager.

o Confirm event theme and branding in collaboration with County staff.

• 3 Months Prior to Event:

o Conduct onsite visit with Project Manager and designated County staff from the Information Security Office.

o Begin sponsorship outreach and exhibitor coordination.

• 2 Months Prior to Event:

o Conduct onsite visit with Project Manager and designated County staff from the Information Security Office.

o Establish agenda topics and identify speakers.

o Develop contingency plans for speaker cancellations and technical issues.

o Confirm Channel 16 video recording and streaming requirements.

o Begin initial event advertising to employees.

• 1.5 Months Prior to Event:

o Finalize agenda and secure all speakers.

o Collect speaker bios, headshots, and presentation abstracts for promotional use.

• 1 Month Prior to Event:

o Event advertised and registration available through Fairfax County’s

Learning Management System.

o All external logistics arranged, including AV setup, exhibitor space allocation, and catering orders.

o Verify accessibility compliance and security measures.

• 2 Weeks Prior to Event:

o Conduct onsite visit with Project Manager and designated County staff from the Information Security Office.

o Acquire speaker gifts, event T-shirts, ISO staff shirts, and other supplies.

o Receive and review speaker materials for submission.

o Final AV testing and exhibitor set up confirmation.

• Day of Event:

o Provide onsite support, including room setup, registration desk assistance, AV and technical support, and coordination of catering and exhibitor areas.

• 2 Weeks After Event:

o Send thank-you notes to speakers, sponsors, and exhibitors.

• 1 Month After Event:

o Submit and present final event out-briefing and report, including an overview and recommendations for future events.

4. Virtual Conference: The offeror shall outline in detailed descriptions of how the event activities will be provided virtually.

5. Statement of Qualifications: The statement of Qualifications must include the following:

a. Organizational Experience: Offerors must describe their qualifications and experience to perform the work described in this RFP. Information about experience should include direct experience with the specific subject matter.

b. Personnel: Full-time and part-time staff, proposed consultants and subcontractors who may be assigned direct work on this project should be identified, excluding personnel only intended for support on the day of the event. Information is required which will 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. Resumes of staff and proposed consultants are required indicating education, background, and recent relevant experience with the subject matter of the project.

The personnel named in the technical proposal will remain assigned to the project the entire current project period once the individual has been assigned on an annual basis. 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.

c. Staffing Plan: it is required which describes the Offeror’s proposed staff distribution to accomplish this work. The staffing plan should indicate a chart that partitions the time commitment of each professional staff member across the proposed tasks and a timeline for the contract. It is mandatory that this section identify the key personnel who are to work on the project, their relationship to be contracting organization, and amount of time to be devoted to the project. This includes Consultants as well as regular employees of the offeror, if relevant.

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

6. Supplement Agreements: Offerors must provide any supplemental agreement proposed by the offeror to be utilized during the performance of the contract as applicable.

7. Treatment of the Issues: In this section, the offeror may also comment if deemed appropriate, on any aspect of the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Statement of Needs” section, and may propose alternative approaches.

8. References: Provide a minimum of three 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. It is the offeror’s responsibility to make sure to verify that the contact person and information provided is accurate and they are still employed.

9. Exceptions to the RFP: Offerors may take exceptions to the terms, however, some of the terms may not be negotiable (ref. Attachment B).

6.3. Fairfax County Forms:

• Attachment A1 – Offeror Data Sheet

• Attachment A2 – Virginia State Corporation Commission (SCC) Registration Information

• Attachment A3 – Request for Protection of Trade Secrets of Proprietary Information Pursuant to Article 2, Section 5.C.3 of the Purchasing Resolution and Va. Code Ann.

§ 2.2-4342(F)

• Attachment A4 – Business, Professional and Occupational License

• Attachment A5 – Certification Regarding Debarment or Suspension

• Attachment A6 – Fairfax County’s Business Classification Schedule

• Attachment A7 – Certification Regarding Ethics in Public Contracting

• Attachment B – Affirmation of Legally Required Contract Terms

7. CONSULTATION SERVICES:

7.1. The contractor’s staff must be available for consultation with County staff on an as-needed basis between 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday.

8. COST PROPOSAL INSTRUCTIONS:

8.1. The Offeror must submit a cost proposal in Euna (Bonfire) supported by cost and pricing data adequate to establish the reasonableness of the proposed fee (see Price Summary Sheet as a guide – Exhibit A) for both onsite and virtual. The following information should be submitted as part of the cost proposal:

The cost of each task or segment of the task shall be itemized.

a. Offerors must provide a price breakdown for each task separately as well as totals for all tasks provided together if prices differ.

b. Breakdown of direct labor and labor overhead costs including number of estimated man-hours and applicable actual or average hourly rates, overhead rate and supporting schedule. All labor rates must be fully loaded to include travel and per diem.

c. Breakdown of other expenses such as clerical support, other overhead costs, supplies, etc.

d. Hourly rates for all applicable labor categories that may be required for additional tasks or for Security Awareness Day activities not tied to a specific annual event.

e. Proposal should account for all costs associated with staffing (including travel expenses), catering, the printing of material such as signs and agendas, any costs related to speakers, table skirts, and any items referenced in the SOW that have not been identified as a County responsibility.

9. PRICING:

9.1. 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 All Items (CPI-U), or other relevant indices, not to exceed 5%.

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 All items (CPI-U), change in manufacturer's price, etc.).

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

Instructions to Offerors (Appendix A).

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. Request for Protection of Trade Secrets or Proprietary Information (Attachment A3) 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.

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. CONTACT FOR CONTRACTUAL MATTERS:

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

Yong Kim, CPPB, Contract Specialist III Department of Procurement and Material Management Telephone: (703) 324-3217; TTY: 711 E-mail: Yong.kim@fairfaxcounty.gov

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

Committee (SAC) about this procurement (see paragraph 16.3).

12. REQUIRED SUBMITTALS:

12.1. 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.

12.2. Failure to sign or takes exception to the terms of “Attachment B” may result in the Offeror’s proposal to be rejected.

13. SUBMISSION OF PROPOSAL:

13.1. 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 proposals/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 on the bottom of the page “Technical Support.” Therefore, offerors shall take the necessary steps to submit their proposals in advance.

13.2. 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.

mailto:Yong.kim@fairfaxcounty.gov mailto:support.bonfire@eunasolutions.com

13.3. 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.

13.4. 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.

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

13.6. 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.

14. ADDENDA:

14.1. 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.

14.2. The last day and time to submit questions to be addressed in an addendum is by April 13, 2026, at 4:30 p.m. eastern time. All questions pertaining to this RFP shall be submitted to dpmmteam1@fairfaxcounty.gov.

14.3. 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.

15. PROPOSALS ACCEPTANCE PERIOD:

15.1. Proposals will remain valid for a period of one-hundred and fifty days (150) calendar days after the date specified for receipt of proposals. 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.

16. BASIS FOR AWARD:

16.1. This Request for Proposal (“RFP”) 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 RFP. The County reserves the right to make multiple awards as a result of this solicitation.

16.2. A Selection Advisory Committee (“the Committee”) has been established to review and evaluate all proposals submitted in response to this RFP. 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. Based upon this review, the cost proposals of the highest rated offeror(s) will then be reviewed.

16.3. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Committee or any person involved in the evaluation of the proposals. Selection Advisory Committee members will refer any and all calls related to this procurement to the procurement official named in 11.1 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.

mailto:dpmmteam1@fairfaxcounty.gov

16.4. 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 Committee. The 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 RFP, including price if so stated in the RFP. 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.

16.5. 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 Purchasing Agent, if appropriate, prior to actual award of contract.

16.6. Proposal Evaluation Criteria

The following factors will be considered in the award of this contract:

a. Qualification of firm with appropriately qualified and experienced personnel (ref.

Section 6.2. subparagraph 5). (25 points)

b. Detail response to the Special Provisions, Section 4, STATEMENT OF NEED (ref.

Section 6.2. subparagraph 2) and Virtual Conference (ref. Section 6.2. subparagraph 4). (45 points)

c. Detail response to Special Provisions, Section 6.2. subparagraph 3, Preliminary Work

Plan. (10 points)

d. Reasonableness of cost proposal(s) of Section 9, COST PROPOSAL. (20 points)

16.7. Reference Checks: The County may contact references provided with the proposal during the negotiations phase for the RFP. This is to assess the capabilities of the offeror’s ability to meet the services requirements of its customers, and it responsiveness to its clients.

16.8. Fairfax County reserves the right to make on-site visitations to assess the capabilities of individual offerors.

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

16.10. 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.

16.11. 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.

16.12. 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.

17. INSURANCE:

17.1. 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 risks 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 damages or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

17.2. The Contractor shall, 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 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.

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.

d. Professional Liability Insurance in the amount of $1,000,000 per claim to cover each individual professional staff.

17.3. Liability Insurance “Claims Made” basis:

1. 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.

2. The Contractor must either:

A. 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

B. 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.

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

17.5. 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.

17.6. 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.

17.7. 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.

17.8. 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.

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

17.10. 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.

17.11. 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 and non-contributory to all other coverage the County may possess."

17.12. 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.

17.13. 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 will result in suspension of all payments until the new certificate is furnished.

17.14. 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.

17.15. 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.

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

17.17. 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.

18. METHOD OF ORDERING:

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

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

18.2. 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.

18.3. 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.

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

18.5. 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.

19. REPORTS AND INVOICING:

19.1. 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.

19.2. 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;

e. Contract Number and Purchase Order Number; and

f. The itemized cost for each item/service.

19.3. 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 19.2, a-f. The Contractor will mail the invoices and the utilization reports to the individuals identified in the final contract.

20. CHANGES:

20.1. 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.

20.2. 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.

21. DELAYS AND SUSPENSIONS:

21.1. 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.

21.2. 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.

21.3. 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.

22. ACCESS TO AND INSPECTION OF WORK:

22.1. 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.

23. DATA SOURCES:

23.1. 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.

24. SAFEGUARDS OF INFORMATION:

24.1. 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.

25. ORDER OF PRECEDENCE:

25.1. 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).

26. SUBCONTRACTING:

26.1. 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.

https://www.sbsd.virginia.gov/

27. USE OF CONTRACT BY OTHER PUBLIC BODIES:

27.1. Reference Paragraph 71, 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.

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

27.3. 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.

27.4. 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.

27.5. 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.

28. NEWS RELEASE BY VENDORS:

28.1. 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.

29. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

29.1. 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.

29.2. 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. Please allow two (2) working days in advance of the event to make the necessary arrangements.

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. PROHIBITION ON THE USE OF CERTAIN PRODUCTS AND SERVICES:

31.1. 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.

32. FORCED AND INDENTURED CHILD LABOR PROHIBITION:

32.1. 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 the contract the enforcement of which can be accomplished by process or penalties.

33. ELECTRONIC SIGNATURES:

33.1. 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.

Appendix A

General Conditions and Instructions to Bidders

Approved as of January 28, 2022. Changes to this document must be approved by the Office of the County Attorney.

COUNTY OF FAIRFAX

COMMONWEALTH OF VIRGINIA

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

BIDS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS TO THE APPLICABLE

CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND INSTRUCTIONS TO

BIDDERS (GCIB) UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION AND SUBJECT TO

APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES FULLY AS

TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH COUNTY

PROCUREMENT BEFORE SUBMITTING BIDS. FAILURE TO DO SO WILL BE AT THE BIDDER'S OWN

RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.

1. AUTHORITY-The Purchasing Agent has the sole responsibility and authority for purchasing supplies, materials, equipment, and services, except as excluded in the Fairfax County Purchasing Resolution.