2024030-PT-P_Office Furniture for PT RFP_FINAL_03-20-24.pdf

REQUEST FOR PROPOSAL (RFP) COVER PAGE

ISSUE DATE:

March 21, 2024

REQUEST FOR PROPOSAL NUMBER:

2024030-PT-P

FOR:

Office Furniture for Public Transportation

DEPARTMENT:

Public Transportation

CONTRACT ADMINISTRATOR:

Bill Painter, Facilities & Maintenance Manager

DATE/TIME OF CLOSING ON EVA:

April 11, 2024 at 3:00pm

DATE/TIME LAST DAY FOR

QUESTIONS:

April 3, 2024 on or before 12:00pm (noon) local time

PRE-PROPOSAL MEETING:

March 28, 2024 at 11:00am local time at the HDPT Administration Building

475 E. Washington St., Harrisonburg, VA 22802

PRE-PROPOSAL MEETING

MANDATORY:

Yes No N/A

Proposals - In accordance with the following and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the proposal is accepted, to furnish items or services for which prices are quoted, , delivered or furnished to designated points within the time specified. It is understood and agreed that with respect to all terms and conditions accepted by the City of Harrisonburg the items or services offered and accompanying attachments shall constitute a contract.

Sealed proposals, subject to terms and conditions of this Request for Proposal will be received until the date/ time specified above for furnishing items or services delivered or furnished to specified destinations within the time specified or stipulated by the vendor(s).

The City does not discriminate against small and minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor:_____________________________________ Telephone #:_________________________________________

Address: ___________________________________________ Federal Employer Identification #:__________________________

Contact Name: ______________________________________ Contact Email Address:__________________________________

By signing this proposal, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this RFP.

VENDOR’S LEGALLY AUTHORIZED SIGNATURE

DATE

PRINT NAME TITLE

Please take a moment to let us know how you found out about this Request for Proposal (RFP) – Check one:

eVA Website Bid Room (Please List) ___________________________________

The Daily News Record Newspaper Notified by City Directly Other (Please List) ________________________________________

*Complete & return this document with proposal submission.

Table of Contents

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK

3.1. OFFICE FURNITURE NEEDS

3.2. WARRANTY INFO

3.3. DELIVERY INFORMATION

3.4. INSPECTION

3.5. SAMPLES

3.6. CANCELLATION OF ITEMS/ORDER

3.7. QUALIFICATIONS OF OFFEROR & EMPLOYEE EXPECTATIONS

3.8. DAMAGES

4.0 PRE-PROPOSAL MEETING

5.0 PROPOSAL REQUIREMENTS

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

6.1 SPECIAL TERMS & CONDITIONS

7.0 INSURANCE REQUIREMENTS

8.0 INSTRUCTIONS TO OFFERORS

9.0 QUESTIONS

10.0 PROPOSAL EVALUATION CRITERIA

11.0 AWARD OF CONTRACT

12.0 CONTRACT TERM

13.0 PAYMENT TERMS

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

(REV. 12-05-23)

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM

ATTACHMENT D. NON-COLLUSION AFFIDAVIT

ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT

ATTACHMENT F. REFERENCES LIST

ATTACHMENT G. INSURANCE REQUIREMENTS FORM

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS

ATTACHMENT I. FEDERAL TRANSIT ADMINISTRATION – SPECIAL TERMS & CONDITIONS

City of Harrisonburg, VA - Office Furniture for Public Transportation RFP (2024030-PT-P) Page 1 of 41

ATTACHMENT J. SYSTEM FOR AWARD MANAGEMENT (SAM) FORM

ATTACHMENT K. MINIORITY STATUS OF BUSINESS OWNERSHIP FORM

ATTACHMENT L. OFFICE FURNITURE NEEDS

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1.0 INTRODUCTION

The purpose of this Request for Proposal (RFP) by the City of Harrisonburg, Virginia (City) is to solicit sealed proposals from interested vendors (Offeror) to provide replacement office furniture for the City’s Department of

Public Transportation.

2.0 BACKGROUND

The City of Harrisonburg is an independent city located in the central Shenandoah Valley region of Virginia. It is the county seat of Rockingham County and encompasses 17.3 square miles, serving a population of approximately 55,000. Harrisonburg is located along Interstate 81 and is only two hours away from both

Richmond, Virginia and Washington, D.C. Harrisonburg is home to two university campuses – James Madison

University and Eastern Mennonite University – as well as numerous other businesses, non-profit organizations and a vibrant downtown.

Harrisonburg Department of Public Transportation (HDPT) is the primary public transportation provider for the

City of Harrisonburg and is located at 475 E. Washington Street, Harrisonburg VA 22802. HDPT provides public transit service, paratransit, and school bus services for the City of Harrisonburg, Virginia and for James Madison

University. In addition, HDPT maintains its own Central Garage, which provides maintenance for city equipment and vehicles as well as a vehicle wash station and parts office.

3.0 SCOPE OF WORK

This contract is to replace office furniture at the HDPT administrative facility. No portion of the work shall be subcontracted without prior written consent of the City.

3.1. OFFICE FURNITURE NEEDS

A list of the office furniture, descriptions and quantities desired as well as example photos can be found in Attachment L.

3.2. WARRANTY INFO

All material shall have the manufacturer’s standard warranty and all labor shall be fully guaranteed against defects in materials and workmanship for a period of at least one (1) year following completion date of installation. Should any defect be noted by the owner, the City will notify the contractor of such defect or non-conformance. Notification will state either (1) that the contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the contractor is required to correct or replace, it shall be at no cost to the City and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the contractor fails or refuses to replace or correct the deficiency, the City may have the materials corrected or replaced with similar items and charge the contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price.

Additional warranty information shall be provided with Offeror’s proposal response.

3.3. DELIVERY INFORMATION

Provide the furniture required in new condition and deliver to the HDPT administrative facility at 475 E.

Washington St., Harrisonburg, VA 22802. If any assembly of the furniture is required, vendor shall be responsible for assembly and freight, and associated costs shall be included in the contract.

Delivery shall be completed within sixty (60) days after award of contract. Delivery is preferred to be made all at one time; however, the City is willing to work with Offeror if this is not doable. Offeror shall note their anticipated delivery timeline in their proposal response.

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Installation is defined as everything up to, and including, inside delivery, assembly and complete installation (along with appropriate removal of all shipping and/or packaging materials and other trash).

The Offeror is responsible for any damage to the City facilities during installation and delivery.

The City does not have a loading dock on site for delivery. Offeror is responsible for providing and utilizing their own lift gate for delivery.

3.4. INSPECTION

The City reserves the right to inspect and approve/reject all furniture at the time of delivery and/or installation. The Offeror shall immediately replace any items that have been damaged in transit, storage and/or during installation at no cost to the City.

3.5. SAMPLES

At the discussion stage of this RFP per Section 11.0, the City reserves the right to request samples from each Offeror for the City to assess. Complete desk mock-ups are not required but renderings should be provided. Finish, fabric and material samples of laminate, fabric, painted metal, etc. must be provided.

Chair samples must be provided.

3.6. CANCELLATION OF ITEMS/ORDER

Offeror shall provide its policy for City to cancel items and/or the entire order. The policy shall allow the

City to add or remove any item(s) prior to issuing a Purchase Order.

3.7. QUALIFICATIONS OF OFFEROR & EMPLOYEE EXPECTATIONS

Offeror shall assign only trained and experienced technicians and support staff to the job. Each Offeror shall be capable of working indoors. The Offeror’s activities may require kneeling, bending, pushing, etc.

Work areas, particularly public areas, shall be kept clean and free of slip/fall hazards and material storage and debris.

All work shall be performed by personnel who are specifically qualified and trained, with a minimum of two (2) years’ experience, to work on each piece of furniture. The City reserves the right to reject any of the Contractor’s personnel who, in the City’s judgment, are not adequately qualified to perform the work required. Any such determination will be made in writing. Rejection of the Contractor personnel shall in no way relieve the Contractor of any performance obligations.

The Offeror is responsible for ensuring service personnel are identified as Offeror’s employees while performing their job duties at the City. Identification badges must be worn by the Offeror’s employees while on the City’s premises. The Offeror shall provide any uniforms/garments and photo identification badges at no cost to the City.

The Offeror’s employees shall behave in a professional manner and maintain proper conduct, treating all staff, visitors and citizen with respect. The Offeror shall be responsible for the actions and work of their designated employees while performing services on City property. Alcohol, drugs, and weapons are not allowed on City property. Work shall be performed in a manner to keep disruptions to instructional activities to a minimum.

3.8. DAMAGES

The Offeror shall be responsible for all damages to persons or property that occurs as a result of its fault or negligence. All work performed under this contract shall be done in a manner that will not adversely affect the integrity of the building’s structural, mechanical, electrical, fire protection, and life safety systems or any other building features that will overload or render useless any portion of the facility.

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4.0 PRE-PROPOSAL MEETING

A pre-proposal meeting will be held on the date and time listed on the Cover Page of this RFP. The meeting will be held at the location also listed on the Cover Page. Attendance at the pre-proposal meeting is non-mandatory;

however, it will be an opportunity for Offerors to tour the spaces and ask questions. A list of questions and answers will be generated from the meeting and posted as an addendum on the eVA website at https://eva.virginia.gov/.

5.0 PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for City of Harrisonburg to evaluate the qualifications, experience, and expertise of the proposing firm to provide office furniture.

The Offeror is to make a written proposal which presents an understanding of the work to be performed.

The proposal should demonstrate and provide evidence that the Offeror has the capabilities, professional expertise, and experience to provide the necessary services as described in this RFP. The Offeror shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the City of Harrisonburg. Proposals shall be signed by an authorized representative of the Offeror.

In order to enhance the evaluation process and provide each firm an equal opportunity for consideration, adherence to a standardized technical proposal format is required. Responses should be as thorough and detailed as possible so that the City may properly evaluate the firm’s capabilities to provide the required services.

Unnecessarily elaborate brochures of other presentations beyond that sufficient to present a complete and effective proposal is not desired. Elaborate artwork, expensive paper, bindings, visual and other presentation aids are not required.

The format of each proposal must contain the following elements organized into separate sections, as the

Offeror(s) may deem appropriate:

SECTION 1 • Cover Sheet (first page of this RFP), completed;

• Table of Contents – all pages are to be numbered;

• Cover Letter/Executive Summary on company letterhead signed by a person with the corporate authority to enter into any contract which results from the RFP.

SECTION 2 SCOPE OF WORK RESPONSE

• Attachment F. References List

• Estimated timeline for delivery and assembly/installation of furniture

• Product availability

• Cut sheets for proposed furniture, to include, at a minimum, information on: brand make and model, description and photo, dimensions/measurements, material, and color options

• Warranty information for each proposed furniture item

• Statement on the guaranteed useful life expectancy for the proposed furniture pieces

SECTION 3 REQUIRED FORMS

• Attachment B. Proprietary/Confidential Information Identification Form

• Attachment C. State Corporation Commission (SCC) Form

• Attachment D. Non-Collusion Affidavit

• Attachment G. Insurance Requirements Form

• Attachment H. Notice of Exceptions to Conditions

• Attachment I. Federal Transportation Administration (FTA) Clauses

• Attachment J. System for Award Management (SAM) Form

• Attachment K. Minority Status of Business Ownership Form

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SECTION 4 ADDENDA, signed (if any)

SECTION 5 COST

• Offeror is invited to provide cost information for each of the items and available options listed in Attachment L. Office Furniture Needs. Cost information may be provided in the Offeror’s preferred format; however, it must be clearly presented, easy to reference and understand. It is preferred that the Offeror provide cost information for a mid-range price furniture item that matches the Item Description in Attachment L and provide additional costs associated with any options available for that item.

SECTION 6 OTHER SERVICES (optional) The Offeror may provide information for other services or programs that are available to its clients that may not be specified in this proposal. Additional services should be provided with cost listed as well as details and description of the offering.

6.0 GENERAL TERMS & CONDITIONS FOR THE CITY OF HARRISONBURG, VA

Offerors shall review and take into consideration all aspects of the City’s General Terms and Conditions listed in Attachment A.

6.1 SPECIAL TERMS & CONDITIONS

Offerors shall review and take into consideration all aspects of the Federal Transit Administration terms

& conditions listed in Attachment I.

7.0 INSURANCE REQUIREMENTS

Offerors shall complete and return with their proposal Attachment D. Insurance Requirements Form.

8.0 INSTRUCTIONS TO OFFERORS

All proposals for this RFP shall be submitted through the eVA platform (https://eva.virginia.gov/). Faxed, emailed and hard copies of proposals will not be accepted. Proposals shall be received by the Purchasing Office no later than the date and time listed on the Cover Page of this RFP. Any proposals received after this date and time will not be accepted.

To submit a proposal through eVA, the Offeror must be a registered vendor on eVA. To register as a new vendor, visit: https://eva.virginia.gov/register-now.html. If you have questions or issues during the process of submitting a proposal, contact eVA Customer Care at: 1-866-289-7367. Do not contact the City regarding issues with the eVA platform. The City of Harrisonburg is not responsible for any delays in submission caused by the eVA platform, vendor registration, or internet outage. Please ensure you have allotted ample time to submit your proposal document(s). The Offeror has the sole responsibility to have the proposal submitted on or before the above address and by the above stated time and date.

All expenses for making proposal to the City shall be borne by the Offeror. If proprietary/confidential information is identified (Attachment B), Offeror is required to submit a redacted copy of their proposal in addition to the unredacted copy. All documents contained within the proposal submission shall be completed in their entirety and signed and dated where required. Proposals will not be publicly opened.

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9.0 QUESTIONS

Questions related to the RFP or requests for clarification shall be directed to the Procurement Manager for the

City of Harrisonburg, by email (Questions@harrisonburgva.gov). Oral questions will not be permitted. All responses to inquiries will be in writing and will be posted as addenda on the eVA website at https://eva.virginia.gov/. All questions must be received no later than the date and time listed on the Cover Page of this RFP. It is the responsibility of all Offerors to ensure that they have received all addenda and to include signed copies of any and all addenda with their proposal submission.

10.0 PROPOSAL EVALUATION CRITERIA

Selection of the successful proposal will be based upon submission of proposals meeting the selection criteria.

Proposal evaluations will be based on points, using the following minimum selection criteria:

Criteria Points Available

Understanding the Scope of Work: Includes quality and durability of proposed furniture, conformity to specifications

Reasonableness of Cost: Costs will not be the sole deciding factor in the selection process, but will be considered in the case of this RFP.

Schedule & Product Availability: Includes clarity of the schedule & lead time. 15

Experience of Firm: Professional ability, capacity and skill of the vendor to perform the work as outlined and ability to perform the work within time constraints without delay or interference.

Ability to Follow Directions: The Offerors’ ability to follow the proposal preparation instructions set forth in this solicitation including the failure to return required pages, missing signatures, missing documents, etc. and will also be considered to be an indicator of the Offerors’ ability to follow instructions should they receive an award as a result of this solicitation.

As part of the evaluation process, the City may ask questions of a clarifying nature from Offerors as required.

The City may also request an oral presentation to explain the proposal and answer questions.

The City reserves the right to cancel this RFP at any time or reject any or all proposals received as a result of this

RFP if it is in the best interest of the City. The City reserves the right to waive any informality in any proposal.

11.0 AWARD OF CONTRACT

Selection shall be made of two (2) or more Offerors deemed to be fully qualified, responsible and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal. In the case of a proposal for information technology, as defined in

§ 2.2-2006, a public body shall not require an offeror to state in a proposal any exception to any liability provisions contained in the Request for Proposal.

Negotiations shall then be conducted with each of the Offerors so selected. The Offeror shall state any exception to any liability provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation. Price shall be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each Offeror so selected, the public body shall select the Offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that Offeror. When the terms and conditions of multiple awards are so provided in the

Request for Proposal, awards may be made to more than one Offeror. Should the public body 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.

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Once the selection has been made as to which Offeror will be awarded the contract, the Procurement Manager will post a Notice of Award on the eVA website at https://eva.virginia.gov/. The award documentation will subsequently be followed by a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

Successful Offeror shall contact the Commissioner’s Office to obtain proper business licensing for the City of

Harrisonburg, if it does not already possess (540-432-7704).

The City reserves the right to make on-site visitations to assess the capabilities of individual Offeror(s) and to contact references provided with the proposal.

12.0 CONTRACT TERM

The subsequent contract will be a firm-fixed price contract that is inclusive of all fees, delivery/shipping costs, installation, overhead and profit. The City reserves the right to order additional quantities of the same items ordered within one (1) calendar year after delivery and installation. For any subsequent orders within the additional calendar year, pricing shall remain the same. The

The City shall have the option to renew the contract for up to four (4) additional one (1) year terms. Changes in cost for any renewal terms will be based on mutual agreement between both parties. For any pricing increases the contractor will need to provide written justification and documentation to support such request.

The City reserves the right to add or remove quantities and related furniture or equipment to/from this Scope of

Work during the contract period and/or at the time of renewal.

13.0 PAYMENT TERMS

Upon execution of contract, the City will issue the vendor a Purchase Order for the final order of furniture. Vendor shall consider this an official ordering document and should proceed forward with ordering the furniture for delivery schedule noted above (within 60 days). Once all furniture is delivered and assembled/installed and accepted by the City with no defects or corrections needed, the Vendor shall provide an itemized invoice to the

City which includes final quantities, contract pricing and make/model information. The City shall review the invoice and upon confirming accuracy, will issue payment within 45 days from acceptance.

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ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF

HARRISONBURG, VA (REV. 12-05-23)

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by the City of Harrisonburg unless otherwise specified in writing. Bidders/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. Procurement by the City is subject to the Virginia Public Procurement Act (VPPA) Title

2.2, Chapter 43 of the Code of Virginia and the provisions of The Purchasing and Contracting Policy Manual for the City of Harrisonburg and any revisions thereto. If an inconsistency exists between the VPPA and the Purchasing and Contracting Policy Manual for the City, the VPPA Virginia Code sections take precedence.

DEFINITIONS

ADDENDUM/ADDENDA: Addition(s) or supplement(s) to a solicitation to clarify, modify or support information which becomes part of the contract.

BID: The offer of a prospective vendor/supplier to an Invitation To Bid to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization who submits a response to an

Invitation to Bid or a Request for Proposal and offering to enter into a contract with the City.

COLLUSION: A secret agreement or cooperation between two or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST: An actual or potential situation in which the personal interests of a vendor, employee or public official are, or appear to be, in conflict with the best interests of the City.

CONTRACTOR: The entity that has a direct contract with the City to furnish goods, services or construction for a certain price.

CITY or OWNER: City of Harrisonburg, Virginia.

DAY(S): Defined as calendar days unless otherwise specified as business days.

INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or Request for Proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

INVITATION TO BID (ITB): A formal request which is made to prospective suppliers (bidders) for their quotation on goods, services, or construction desired by the City. The issuance of an ITB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL SERVICES: Any type of professional service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia). 2.2-4301

PROPOSAL: The document submitted by the offeror in response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT: The individual employed and given authority by the Harrisonburg City Council by adoption of the City of Harrisonburg Purchasing and Contracting Policy Manual. Purchasing Agent may also be referred to as Procurement

Manager.

REQUEST FOR PROPOSAL (RFP): A formal request for a proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract. The

RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance.

RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid/proposal which conforms in all material respects to the ITB or RFP.

SOLICITATION: A formal document issued by the City with the intent to purchase goods, services or construction. Can be either an Invitation To Bid or a Request For Proposal.

SWAM: Small, Women, and Minority-owned businesses.

SUBCONTRACTOR: A business entity that has a contract to supply labor or materials to the prime contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

CONDITIONS OF BIDDING

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars.

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BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for sixty (60) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

CANCELLATION OF SOLICITATIONS: 2.2-4319 An ITB, RFP or any other solicitation may be cancelled or rejected, but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror. The reasons for cancellation shall be made part of the contract file.

CLARIFICATION of TERMS: 2.2-4316 If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City.

CONFLICT OF INTEREST/COLLUSION: Contractor certifies by signing their bid/proposal submission to the City, that no conflict of interest or collusion exists between the Contractor and City that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the

City.

DEBARMENT STATUS: By signing their bid/proposal, the bidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality or authority of the Commonwealth of Virginia.

DISCRIMINATION PROHIBITED: 2.2-4310 In the solicitation or awarding of a contract the City shall not discriminate against a bidder/offeror because of race; religion; color; sex; national origin; age; disability; status as a small, women-owned, minority-owned, or service disabled veteran-owned; employment services organization; or any other basis prohibited by state law relating to discrimination in employment. The City encourages the participation of these entities in public procurement activities. Towards that end, the City encourages contractors to provide for the participation of these entities through partnerships, joint ventures, subcontracts, and other contractual opportunities.

ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit price will govern. Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission.

ETHICS IN PUBLIC CONTRACTING: 2.2-4371 By submitting their bids/proposals, the bidders/offerors 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/offeror, 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 or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

EXCUSABLE DELAY: The City shall not be in default of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of the City. Such causes may include, but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of the City.

LICENSES, PERMITS and FEES: All proposals submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Harrisonburg or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to the City a copy of their City Business License (if applicable).

The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on City Business Licenses contact the Harrisonburg Commissioner of the Revenue’s office at 540-432-7704.

The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia.

MANDATORY USE of CITY FORMS AND TERMS and CONDITIONS for ITBs AND RFPs: Failure to submit a bid/proposal on the official City form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal.

Unauthorized modification of or additions to any portion of the ITB or RFP may be cause for rejection of the bid/proposal. The City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any bid/ proposal which has been modified.

As a precondition to its acceptance of an ITB response, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: 2.2-4330

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1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

2. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

3. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid.

5. No bidder who is permitted to withdraw a bid 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 was submitted.

6. The public body shall notify the bidder in writing within five business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.

At the same time that the notice is provided, the public body shall return all work papers and copies thereof that have been submitted by the bidder.

7. These procedures also apply for the withdrawal of bids for other than construction contracts.

8. A bidder/offeror may modify or withdraw his bid/proposal, either personally or by written request to the Purchasing office at any time prior to the scheduled time for opening of bids/proposals.

PUBLIC INSPECTION OF CERTAIN RECORDS: 2.2-4342 Public inspection of all records is strictly governed by Code of Virginia

2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

REVISIONS to the OFFICIAL ITB/RFP: No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official ITB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the eVA website at https://eva.virginia.gov. In the event the eVA website is not able to be used, the City will post Addenda on the City’s website at www.harrisonburgva.gov/bids-proposals . Any such violation as stated above may result in rejection of the ITB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by the City of Harrisonburg.

TAXES: Sales to the City of Harrisonburg are normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of

Exemption, Form ST-12, will be issued upon request. The City may also be exempt from other taxes and fees.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. The City reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. The City’s decision shall be final. The

City reserves the right to make a separate award for each item, a group of items or all items, and to make awards either in whole or in part, whichever is deemed by the City to be in its best interest. Delivery timelines may be a factor in making an award.

For RFP: The award(s) made in response to an RFP will be made to the highest qualified offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the RFP. After negotiations, the offeror who has made the best proposal and provides the best value shall be awarded the contract.

Professional services shall be procured and awarded by competitive negotiation as set forth in 2.2-4302.2 A 4.

The City reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of the City to be in its best interest.

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NEGOTIATION WITH THE LOWEST BIDDER: 2.2-4318 Unless all bids are canceled or rejected, the City reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within the funds available to the City whenever such low bid exceeds the City’s available funds for the project. The City shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and the City wishes to negotiate a lower contract price. The times, places and manner of negotiating shall be agreed to by the City and the lowest responsive, responsible bidder.

PRECEDENCE of TERMS: General Terms and Conditions shall apply in all instances with the exceptions for projects funded by the

Federal Highway Administration (FHWA) and by the Federal Transportation Administration (FTA). In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

QUALIFICATIONS of BIDDERS/OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the responsibility and ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The City further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the City that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

SELECTION PROCESS/NOTICE OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing office will publicly post such notice and/or will notify all responsive bidders/offerors and records are available for public inspection in accordance with the VA Freedom of Information Act (VA Code 2.2-3700 et seq). The

City posts all Notice of Awards on eVA at https://eva.virginia.gov/. In the event the eVA website is not able to be used, the City will post Notice of Awards on the City’s website at www.harrisonburgva.gov/bids-proposals.

CONTRACT PROVISIONS

ANTI-DISCRIMINATION: 2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act.

In every contract over $10,000 the provisions below 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 these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City under said contract.

APPLICABLE LAWS and COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the

Commonwealth of Virginia, excluding its conflict of laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Rockingham County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

ASSIGNMENT of CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

CHANGES to the CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties by mutual agreement in writing, to modify the terms, conditions or scope of the contract subject to item 2. below. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract

City of Harrisonburg, VA - Office Furniture for Public Transportation RFP (2024030-PT-P) Page 12 of 41 http://www.harrisonburgva.gov/bids-proposals 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. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Harrisonburg City Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of a bidder/offeror from the consequences of an error in its (bid/offer). 2.2-4309

3. The Procurement Manager (or City delegated agent) 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 unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the City of the adjustment to be sought, and before proceeding to comply with the notice, shall await the City's written decision affirming, modifying, or revoking the prior written notice. If the City decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the

City 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 City’s right to audit the contractor’s records and/or to 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 City with all vouchers and records of expenses incurred and savings realized. The City 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 the City within thirty (30) days from the date of receipt of the written order from the City. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the City of Harrisonburg Purchasing and Contracting Policy Manual. 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 City or with the performance of the contract generally.

CONTRACT EXECUTION: Per City Code (Sec 3-1-2, 3-1-1), the City Manager and the Deputy City Manager shall have authority to execute all contracts and agreements on behalf of the City except as otherwise directed by the Harrisonburg City Council in specific instances.

CONTRACTUAL DISPUTES: Contractual claim procedures shall be as per Code of VA 2.2-4363.

COOPERATIVE PROCUREMENT: 2.2-4304 This procurement is being conducted in accordance with the provisions of 2.2-4304 Code of VA. Except for contracts for architectural and engineering services, if agreed to by the contractor, other public bodies may utilize this contract. The Contractor shall deal directly with any public body it authorizes to use the contract.