2024-01 RFP Reassessment Services.pdf

RFP 2024-01 1

Page County, Virginia

Request for Proposal

Reassessment Services

#2024-01

RFP Issue Date: Tuesday, February 6, 2024

Questions Due NLT: Tuesday, February 20, 2024, 5:00 PM

Responses to Questions: Tuesday, February 27, 2024, 5:00 PM

Submission Due Date: Tuesday, March 5, 2024, 4:30 PM

Anticipated Award Date: Tuesday, April 9, 2023

Issuing Agency: Page County Government Finance Department

103 South Court Street, Suite F

Luray, VA 22835

Procurement Contact: Cindy Stidham, Purchasing Agent

Phone: 540-743-4998

E-mail: cstidham@pagecounty.virgina.gov

The County of Page is soliciting proposals from qualified firms willing to provide general real property reassessment services for all taxable and nontaxable parcels throughout Page County, Virginia. A printed copy of this request for proposal (RFP) document is available upon request at 103 South

Court Street, Suite F, Luray, VA 22835. All proposals shall be received no later than 4:30 PM on

March 5, 2024. Proposals can be mailed, hand delivered, or submitted electronically on eVA. Mailed proposals should be labeled “RFP #2024-01” and sent to Cindy Stidham, County of Page, 103 South

Court Street, Suite F, Luray, VA 22835. Proposals that are hand delivered must be brought to the

Finance Department, located at 103 South Court Street, Room 210, Luray, VA 22835. Questions shall be submitted to the procurement contact via email no later than 5:00 PM on February 20, 2024. All questions posed shall reference a page number and section number in the RFP.

Responses to questions shall be compiled in a single document and provided to all interested parties via email no later than 5:00 PM on February 27, 2024. This procurement shall utilize competitive negotiation practices. The reassessment services shall be made effective July 1, 2024.

mailto:cstidham@pagecounty.virgina.gov

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Table of Contents

PROPOSAL FORMAT

GENERAL INFORMATION & BACKGROUND

SCOPE OF WORK

ADDITIONAL REQUIREMENTS

SUBMITTAL INSTRUCTIONS

EVALUATION & AWARD

GENERAL CONDITIONS AND INSTRUCTIONS TO VENDORS

APPENDIX A: VENDOR DATA SHEET - (PLEASE RETURN)

APPENDIX B: RISK MGMT INSURANCE CHECKLIST - (PLEASE RETURN)………………………………………………24

APPENDIX C: NON-COLLUSION STATEMENT - (PLEASE RETURN)

APPENDIX D: PRICING MATRIX - (PLEASE RETURN)

APPENDIX E: CONTRACTOR STATEMENT - (PLEASE RETURN)

APPENDIX F: PROPOSAL CHECKLIST - (PLEASE RETURN)

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Proposal Format

A. Proposals shall be submitted in a simple and economical format which allows uniform review and easy access to information by the evaluation committee. Emphasis should be placed on completeness and clarity of content.

B. Proposals shall be bound or contained in a single volume and all documents that pertain to the proposal shall be contained in that single volume.

C. Proposals shall be organized as outlined in the RFP.

D. A table of contents which cross-references the RFP requirements shall be provided. All pages of the proposal shall be numbered. All submissions shall be in a narrative form and address the requirements set forth in this RFP.

E. An introductory letter of interest shall be included that contains a statement by the proposer evidencing an understanding of the work to be done including an acceptance of the terms of this RFP.

F. A Statement of Qualification including resumes of staff members assigned to the project shall be included. The Statement of Qualification shall also include any additional information that the Contractor considers pertinent to its qualifications for the project, and which responds to the Scope of Services described in the RFP.

G. The vendor's proposed contract format with all "standard" terms shall be included in the proposal.

General Information & Background

A. Page County is nestled between the Blue Ridge and Massanutten Mountains. There are three incorporated towns in Page County: Luray, Shenandoah, and Stanley. Page County has a total of 314 square miles of which 311 square miles is land and three-square miles of it is water.

In 2023, Page County had a population of approximately 24,042. There are approximately

21,901 parcels of property listed with the Commissioner of the Revenue ("Commissioner").

B. The reassessment will be conducted using the County’s current software system, Vision

Government Solutions. The successful firm will oversee the maintenance and updating of the databases during the entire reassessment process and must be experienced with Vision

Government Solutions.

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Scope of Work

A. The Contractor shall be certified to perform the reassessment as qualified by the Department of Taxation in order to be appointed by the Board of Supervisors. The Contractor shall prepare all appraisals in accordance with the Uniform Standards of Professional Appraisal

Practice.

B. The reassessment shall be conducted in a manner consistent with all applicable laws, regulations, rules, standards, and case law. Appraisals shall be complete, uniform and at

100% fair market value. All taxable and nontaxable properties shall be visited, and all elements of value appraised. The Contractor shall agree with the Commissioner on a process and date to include all building permits through a specific date in assessing new construction.

C. The Contractor shall be expected to coordinate the activities of its employees to ensure timely completion of the work. The Contractor shall cooperate fully with the offices of the

County Administrator and Commissioner of the Revenue to control the quality of the work as well as deal with other relevant issues affecting the work.

D. The Contractor shall perform a comprehensive market sales data and construction costs analysis, as well as consider income and cost approach, prior to the appraisal of any real property in the County. This analysis will contain enough valid real estate sales and/or transactions and construction costs from the various classes of real estate within the County.

This analysis shall become the property of the County at the completion of the analysis.

E. All maps, sketches, plats, tax records, data, and information in possession of the County pertaining to properties covered by these specifications will be made available to the

Contractor but will remain the property of the County. All income and expense information provided to the Contractor through the County or directly from taxpayers, shall be kept confidential pursuant to § 58.1-3 VA Code.

F. The Contractor’s staff shall always be expected to display courtesy and professionalism. The

Contractor’s staff shall honor all landowner’s requests for the landowner to be present at the time of a visit to the property, should such a request be made by the landowner.

G. While in the field, the Contractor’s staff shall wear appropriate identification badges on their shirts to clearly identify themselves to citizens. All vehicles used by the Contractor shall be clearly marked to identify the Contractor’s purpose for being in the area.

H. In those cases where the homeowner is not at home and the Contractor’s employee cannot obtain all necessary information, a notice shall be left advising the homeowner of the visit and requesting the homeowner to furnish the information. If the Contractor is refused admittance or information on any property, this shall be noted on the field data card and the property shall be appraised based upon the best information available.

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I. The County shall be responsible for providing furnished office space, office supplies, computers, printers, postage, telephone service, information on previous reassessments, advertising any public hearings as required and conducting such hearings in accordance with the requirements of the Code of Virginia.

J. The Contractor shall provide the following:

1. Verification/Reconciliation of E-911 Addresses with each property visited.

2. All necessary personnel, including appraisers and clerical staff. This shall include supervision for all said staff. Additionally, the Contractor shall provide tools of the trade, living expenses, all employment related insurance coverage, travel, and any other expenditure necessary for completion of the reassessment.

3. Processing and mailing of reassessment notices.

4. Staff available for Board of Supervisors, formal or informal public hearings, and/or Board of Equalization meetings on an as needed basis.

5. A copy of all field cards in an orderly fashion complete with an index or other organizational tool, in both paper and electronic formats to the Commissioner.

Additionally, Contractor shall provide the County with a listing manual, establishing guidelines for all standardized assessments.

6. A receipt or documentation to any property owner for materials given to the Contractor by that property owner. Those materials shall be maintained through both paper and electronic formats and provided to the Commissioner of the Revenue.

7. Testimony and/or other assistance with any subsequent legal matters for a period up until the following reassessment is effective.

K. When assessing properties, the Contractor shall be responsible for making a complete exterior inspection and reasonable interior (only when necessary and permitted by the landowner) inspection of each dwelling, and preparing a field card for each parcel, which shall include measurements and sketches of each residence and other major building improvements, and the 911 address for each structure. A digital image of each significant structure shall also be taken and identified to each field card. The type of construction shall be recorded by component parts.

L. Commercial properties shall be handled in the same complete manner as residential properties. Buildings shall be accurately measured, and a complete description shown for each. The basic cost data shall be applied to existing construction for the determination of accurate and consistent replacement costs, less any physical depreciation, functional and economic obsolescence. In addition, income and expense data and market data shall be considered and shall be used where applicable and available to assist in appraising the properties.

1. All apartments or two (2) or more dwelling units designed or redesigned for such occupancy and all groups of apartment buildings shall be classified as apartment

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properties. The appraisal of apartments shall be complete with analysis of income and expense data, if obtainable. The income approach to value must be considered in apartment appraisals and where actual rents are not available, economic rental estimates shall be used.

2. Affordable or subsidized housing shall be assessed according to the special provisions of

State law.

3. For the more complex industrial properties, a complete, separate report, summarized, typed, and bound shall be furnished.

M. The Contractor shall prepare a listing and appraisal of all mobile homes situated in the

County. This listing shall include, but not be limited to, the make, size, model, year of manufacturer, value, condition, owner, and location by tax map number. This appraisal shall include single-wide mobile homes previously assessed as personal property.

N. Before the reassessment is finalized, the Contractor shall provide informal hearings during which property owners may comment on their proposed reassessments. Prior to these informal meetings, reassessment notices shall be prepared by the Contractor and mailed to all real property owners. These meetings shall include evening sessions and shall number as many as necessary, in the sole opinion of the County, to meet with all citizens desiring to discuss their property reassessments.

O. The Contractor’s assessor shall be available at all Board of Equalization hearings.

Additionally, the Contractor shall furnish other competent witnesses and supporting evidence as may be required to defend the valuations of any properties in question before the Board of

Equalization.

P. The Contractor shall also furnish said witnesses and supporting evidence for all court appeals associated with the general reassessment, without additional cost to the County.

Q. Work on the general reassessment shall begin immediately upon execution of a contract and shall be completed no later than December 31, 2025, unless otherwise agreed to by both parties in writing, except for those services set forth in Paragraphs O and P.

R. Upon completion of the general reassessment and at the County’s option, the Contractor shall continue to provide assessment services for the County for new construction and provide the County with “change of assessment notices.”

Additional Requirements

A. The Contractor shall provide the County with a projected timeline, key milestone dates, and percentage completion estimates in their proposal based upon the information listed below.

Any changes to this projected timeline must be agreed upon in writing by both parties.

1. Meet with the Commissioner of the Revenue.

2. Collect and compile data for sales study.

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3. Begin assessment of parcels.

a. 25 Percent completed by __________

b. 50 Percent completed by __________

c. 75 Percent completed by _____

d. 100 Percent completed by _____

4. End of parcel assessments.

5. Prepare and mail “Change of Assessment” Notices.

6. Assessors Hearings.

7. Provide completed reassessment book finalized by December 31, 2025.

Submittal Instructions

A. An authorized representative of the Contractor shall sign the proposal.

B. The cost for all appraisal, photographic and data services shall be shown on a per parcel basis.

C. To be considered for selection, all contractors must submit a complete response to this RFP.

D. Proposal Submission

1. Proposals can be mailed to Cindy Stidham, Couty of Page, 103 South Court Street, Suite

F, Luray, VA 22835.

2. Proposals can be delivered in person to the Finance Department located at 103 South

Court Street, Suite F, Luray, VA 22835.

3. Proposals can be submitted electronically on eVA; however, bidders must be registered in eVA to do so. The following are instructions for submitting an electronic proposal:

a. Go to www.eva.virginia.gov;

b. Click on “I sell to Virginia;”

c. Click on “eVA Supplier Training;” and

d. Click on “Viewing and Responding to Solicitations Video.”

E. RFP amendments will be posted on eVA and the Page County website if necessary. It is the sole responsibility of the vendor to be aware of any amendments by checking eVA and the Page

County website on a regular basis during this procurement cycle. No amendment will be issued less than three days before the proposal due date.

Evaluation & Award

Proposals will be evaluated as provided in the Virginia Public Procurement Act and as provided below:

http://www.eva.virginia.gov/

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A. An Evaluation Committee shall be formed to review all submittals.

B. Each submittal will be reviewed according to the following criteria:

1. Professional qualifications of the firm and staff resumes assigned to the project, including the ability to acknowledge or respond to questions/concerns = 25%

2. Prior experience and reputation of the Contractor = 25%

3. Familiarity with Page County = 25%

4. Price = 25%

C. The County shall engage in individual negotiation and discussions with one or more

Contractors deemed fully qualified, responsible, and suitable based on initial responses, and with competence in construction to provide the required services. Repetitive informal interviews are permitted.

D. This Request for Proposal and all documents contained herein shall become a part of the contract executed between the Contractor and the County of Page, VA.

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General Conditions and Instructions to Vendors

These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by the Page County Purchasing Agent unless otherwise specified. The

Page County Purchasing Agent is responsible for the purchasing activity of Page County. The term

“Owner” as used herein refers to the contracting entity which is the signatory on the contracts for

Page County, a political subdivision of the Commonwealth of Virginia. Vendor or his Contractor authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals. Failure to do so will be at the

Vendor’s Contractor’s own risk and except as provided by law. Relief cannot be secured on the plea of error. Subject to all Federal, State, and local laws, policies, resolutions, regulations, rules, limitations and legislation, bids/proposals on all solicitations issued by the Purchasing Agent will bind

Contractor to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

A. AUTHORITY: According to the Purchasing Policy, the Page County purchasing system shall operate under the direction and supervision of the Purchasing Agent for the County. In the discharge of these responsibilities, the Purchasing Agent may delegate the administrative purchasing responsibility to a responsible representative. Unless specifically delegated by the Purchasing Agent, no other owner officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the Owner for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void and the Owner shall not be bound thereby. As such, the Purchasing Agent shall have all authority, rights, and privileges as the listed procurement contact.

B. COMPETITION INTENDED: It is the Owner’s intent that this solicitation permit competition. It shall be the Contractor’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source.

The Purchasing Agent must receive such notification not later than ten (10) calendar days prior to the deadline set for acceptance of the bids/proposals.

CONDITIONS OF BIDDING

A. CLARIFICATION OF TERMS - If any Contractor has questions about the specifications or other solicitation documents, the prospective Contractor should contact the individual whose name appears on the face of the solicitation by the due date listed in the RFP. Any revisions to the solicitation will be made only by amendment issued by the procurement contact.

B. MANDATORY USE OF OWNER FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the official Owner form provided for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the

Invitation to Bid or Request for Proposal may be cause for rejection of the bid/proposal.

However, the Owner reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject any bid or proposal which has been modified.

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C. LATE BIDS/PROPOSALS & MODIFICATION OF BIDS/PROPOSALS: Any bid/proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/proposal/modification is considered a late bid/proposal/modification. The Owner is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers, or the inter-office mail system. It is the sole responsibility of the Contractor to ensure their bid/proposal/modification reaches

Procurement by the designated date and hour.

1. The official time used in the receipt of bids/proposals/modifications is that time on the clock in the Finance Department.

2. Late bids/proposals/modifications will be returned to the Contractor UNOPENED, if solicitation number, acceptance date and Contractor’s return address are shown on the container.

3. If the Owner closes its offices due to inclement weather scheduled bid openings or receipt of proposals will be extended to the next business day, same time.

D. IDENTIFICATION OF PROPRIETARY INFORMATION: Trade secrets or proprietary information submitted in a proposal shall not be subject to disclosure under the Virginia Freedom of

Information Act. However, in order for this information to be protected from disclosure, the

Contractor must specifically invoke the protections of Sec. 2.2-4342, Code of Virginia, 1950, as amended, or other applicable statute, prior to or upon submission of the trade secrets or proprietary information. The Contractor must clearly identify any part of its proposal considered to be protected as trade secret or as proprietary information and must state the reasons why protection is necessary.

1. Any Contractor shall identify a trade secret or proprietary information by clearly stating

“Trade Secret” or “Proprietary Information” adjacent to the particular information, and by clearly identifying the information to be subject to the protection, such as by encircling, highlighting, underlining or other similar means. The Contractor shall state the reasons why protection is necessary on a separate page of the proposal.

2. Any Contractor shall not identify as a trade secret or proprietary information those sections of the proposal that are material to Page County’s ultimate award of the contract.

3. The County reserves the right to contact a Contractor and to request that the Contractor explain or clarify why the Contractor identified certain information as a trade secret or as proprietary information.

4. Any Contractor shall not identify as trade secret or proprietary information their complete proposal.

E. WITHDRAWAL OF BIDS/PROPOSALS:

1. A Contractor, for a contract other than for public construction, may request withdrawal of his or her bid/proposal under the following circumstances:

a. Bids/Proposals may be withdrawn on written request from the Contractor received at the address shown in the solicitation prior to the time of acceptance.

2. Requests for withdrawal of bids/proposals after opening of such bids/proposals but prior to award shall be transmitted to the procurement contact, in writing, accompanied by full

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documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the Owner may exercise its right of collection.

3. No Bid/Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another Bid/Proposal of the same Contractor or of another

Contractor in which the ownership of the withdrawing Contractor is more than five percent. In the case of Invitation for Bid’s, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No Contractor who, is permitted to withdraw a bid/proposal shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid/proposal was submitted.

F. ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit bid price will govern. Erasures in bids/proposals must be initialed by the Contractor. Carelessness in quoting prices, or in preparation of bid/proposal otherwise, will not relieve the Contractor.

Bidders/Contractors are cautioned to recheck their bids/proposals for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted.

G. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: The signed bid/proposal and requested copies should be returned in a separate envelope or package, sealed, and identified with the following information:

1. ADDRESSED AS INDICATED ON PAGE 1

2. IFB/RFP NUMBER

3. TITLE

4. BID/PROPOSAL DUE DATE AND TIME

a. If a bid/proposal is not addressed with the information as shown above, the Contractor takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid/proposal to be disqualified. Bids/Proposals may be hand delivered to the designated location in the office issuing the solicitation.

No other correspondence or other proposals should be placed in the envelope.

H. ACCEPTANCE OF BIDS/PROPOSALS: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the bid/proposal may be withdrawn at the written request of the Contractor. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

I. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.

J. BIDDERS PRESENT: At the time fixed for the opening of responses to a bid, bid contents will

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be made public for the information of bidders and other interested parties who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly. Bid tabulations are posted on the County website and eVA for a minimum of 10 days from award date. At the time fixed for the receipt of responses for

Request for Proposals, only the names of the Contractors will be read and made available to the public.

K. RESPONSE TO SOLICITATIONS: In the event a vendor cannot submit a bid on a solicitation, the vendor is requested to return the solicitation cover sheet with an explanation as to why the vendor is unable to bid on these requirements. Because of the large number of firms listed on the Owner’s Bidders List, it may be necessary to delete from this list the names of those persons, firms or corporations who fail to respond after having been invited to bid for three (3) successive solicitations. Such deletion will be made only after formal notification of the intent to remove the firm from the Owner’s Bidder’s List.

L. BIDDER INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, materials, or supplies.

M. TAX EXEMPTION: The Owner is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Contractor.

N. DEBARMENT STATUS: By submitting their bids/proposals, Bidders/Contractors certify that they are not currently debarred from submitting bids/proposals on contracts by Page County, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by Page County or any agency, public entity/locality, or authority of the

Commonwealth of Virginia.

O. ETHICS IN PUBLIC CONTRACTING: The provisions contained in the Virginia Public Procurement

Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the Owner. By submitting their bids/proposals, all

Bidders/Contractors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Contractor, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

P. NO CONTACT POLICY: No Contractor shall initiate or otherwise have contact related to the solicitation with any Owner representative or employee, other than the procurement contact, after the date and time established for receipt of bids/proposals. Any contact initiated by a

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Contractor with any Owner representative, other than the procurement contact, concerning this solicitation is prohibited and may cause the disqualification of the Contractor from this procurement process.

SPECIFICATIONS

A. BRAND NAME OR EQUAL ITEMS: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the Owner in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and concisely explain the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Owner to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding, only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the Bidder clearly indicates in its bid/proposal that the product offered is "equal" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

B. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

C. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications.

1. The Contractor shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

D. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

AWARD

A. AWARD OR REJECTION OF BIDS: The Purchasing Agent shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of the Owner to accept it. Awards made in

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response to an RFP will be made to the highest qualified Contractor whose proposal is determined, in writing, to be the most advantageous to the Owner taking into consideration the evaluation factors set forth in the RFP. The Purchasing Agent reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids/proposals and to waive any informality in bids/proposals received whenever such rejection or waiver is in the best interest of the Owner. Award may be made to as many

Bidders/Contractors as deemed necessary to fulfill the anticipated requirements of the

Owner. The Purchasing Agent also reserves the right to reject the bid if a bidder is deemed to be a non- responsible bidder. All awards are subject to appropriation by the Page County

Board of Supervisors.

B. ANNOUNCEMENT OF AWARD: Upon the award or announcement of the decision to award a contract as a result of this solicitation, the Purchasing Agent will publicly post such notice on the County’s website and eVA.

C. QUALIFICATIONS OF BIDDERS OR CONTRACTORS: The Owner may make such reasonable investigations as deemed proper and necessary to determine the ability of the Contractor to perform the work/furnish the item(s) and the Contractor shall furnish to the Owner all such information and data for this purpose as may be requested. The Owner reserves the right to inspect Contractor’s physical facilities prior to award to satisfy questions regarding the

Contractor’s capabilities. The Owner further reserves the right to reject any bid or proposal if the evidence submitted by or investigations of such Contractor fails to satisfy the Owner that such Contractor is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

D. NEGOTIATION WITH LOWEST RESPONSIBLE BIDDER: Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public body may negotiate with the apparent low bidder to obtain a contract price within available funds.

E. TIE BIDS: In the case of a tie bid, the Owner may give preference to goods, services and construction produced in Page County or provided by persons, firms or corporations having principal places of business in the County. If such choice is not available, preference shall then be given to goods and services produced in the Commonwealth pursuant to the Code of

Virginia. If no Owner or Commonwealth choice is available, the tie shall be decided by lot.

CONTRACT PROVISIONS

A. APPLICABLE LAW AND COURTS: Any contract resulting from this solicitation shall be governed in any respects by the laws of Virginia, and any litigation with respect thereto shall be brought in the Circuit Court of Page County, Virginia. The Contractor shall comply with applicable federal, state, and local laws and regulations.

B. VIRGINIA STATE CORPORATION COMMISSION: If required by law, the Contractor shall maintain a valid certificate of authority or registration to transact business in Virginia with the Virginia

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State Corporation Commission as required by Section 13.1 or Title 50 of the Code of Virginia, during the term of the Contract or any Contract renewal. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the

Commonwealth to be revoked or cancelled at any time during the terms of the contract. If the

Contractor fails to remain in compliance with the provisions of this section, the contract may become void.

C. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, Bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

D. ANTI-TRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the Owner all rights, title, and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust law of the United States and Page County, relating to the particular goods or services purchased or acquired by the Owner under said contract.

Consistent and continued tie bidding could cause rejection of bids by the Purchasing Agent and/or investigation for Anti-Trust violations.

E. PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty

(30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter.

1. Invoices for items/services ordered, delivered/performed, and accepted shall be submitted by the Contractor directly to the department responsible for initiating the purchase order/contract. All invoices shall show the contract number, purchase order number, and any federal employer identification number.

2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

3. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail.

F. PAYMENT TO SUBCONTRACTORS: A contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the Owner for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

2. To notify the Owner and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Owner, except for amounts withheld as stated in 2 above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the

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primary contract. A contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Owner.

G. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the Purchasing Agent.

H. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Owner, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchases and administrative costs. This remedy shall be in addition to any other remedies which the Owner may have.

I. ANTI-DISCRIMINATION: By submitting their bids/proposals, Bidders/Contractors certify to the

Owner that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act, and those applicable Sections of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith- based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

J. In every contract over $10,000 the provisions in a. and b. below shall apply:

1. During the performance of this contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section.

2. The Contractor will include the provisions of a. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

K. INVOICES: Invoices for items ordered, delivered, and accepted shall be submitted by the

Contractor directly to the department address requesting the purchase order/contract. All invoices shall show the IFB/RFP number and/or purchase order number and must have the

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department heads approval.

L. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Owner may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Owner a credit for any savings. Said compensation shall be determined by one of the following methods.

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Owner’s right to audit the Contractor’s records and/or determine the correct number of units independently; or

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Owner with all vouchers and records of expenses incurred and savings realized. The Owner shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to Procurement within thirty (30) days from the date of receipt of the written order from Procurement. If the parties fail to agree on an amount of adjustment, the questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for relieving disputes provided by the Disputes clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the

Contractor from promptly complying with the changes ordered by the Owner or with the performance of the contract generally.

i. No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater without the advanced written approval of the Board of Supervisors as applicable.

M. INDEMNIFICATION: Contractor shall indemnify, keep and save harmless the Owner, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the Owner in consequence of the granting of a contract or which may otherwise result there from, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and

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pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the Owner in any such action, the Contractor shall, at his or her own expenses, satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Owner as herein provided.

N. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

O. TERMINATION: Subject to the provisions below, the contract may be terminated by the Owner upon thirty (30) days advance written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

1. Termination for Convenience: In the event that contract is terminated upon request and for the convenience of the Owner, without the required thirty (30) days advance notice, then the Owner shall be responsible for payment of services up to the termination date.

2. Termination for Cause: Termination by the Owner for cause, default, or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any shall not apply. However, pursuant to paragraph 32 of these General Conditions, the

Owner may hold the contractor responsible for any resulting additional purchase and administrative costs. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.

3. Termination Due to Unavailability of Funds in Succeeding Fiscal Years: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled as of the first day of that subsequent fiscal year.

P. VIRGINIA FREEDOM OF INFORMATION ACT: All proceedings, records, contracts, and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm, or corporation, in accordance with the Virginia Freedom

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of Information Act except as provided below:

1. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

2. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of bids but prior to award, except in the event that the Owner decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Any competitive negotiation Contractor, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the

Owner decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract except as provided in paragraph “3” below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

3. Trade secrets or proprietary information submitted by a Bidder or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia

Freedom of Information Act; however, the Bidder or Contractor must invoke the protections of that section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

4. Nothing contained in this section shall be construed to require the Owner, when procuring by “competitive negotiation” (Request for Proposal), to furnish a statement of reasons why a particular proposal was not deemed to be the most advantageous to the Owner.

Q. USE OF CONTRACT BY OTHER POLITICAL JURISDICTIONS: Bidders are advised that all resultant contracts will be…