2026 RFP - Engineering for Transportation Projects 05052026.pdf

REQUEST FOR PROPOSAL

ON-CALL ENGINEERING SERVICES FOR

TRANSPORTATION PROJECTS UTILIZING

STATE AND FEDERAL FUNDING SOURCES

RFP2026-01

Proposals Due 2:00 PM, July 9, 2026

Project Sponsor:

Town of Orange 119 Belleview Ave.

Orange, VA 22960

Project Manager:

Town of Orange

Deborah C. Sturm, ICMA-CM, AICP Director of Community Development

JUNE 1, 2026

TABLE OF CONTENTS

Request for Proposal Number 2026-01

On-Call Professional Engineering Services for Transportation Projects

Section # Description Page Number

I Purpose

II Statement of Need

III Conflict of Interest …………………………………………………………. 2

IV Proposal Preparation and Submission Requirements

V Evaluation and Award of Contract

VI Reservation of Rights

VII Pre-proposal Conference…………………………………………………… 10

VIII Professional Services Contract & Contract Period

IX Contract Administration

X Payment Procedures

ATTACHMENT A: Terms and Conditions

ATTACHMENT B: Town of Orange Professional Services Contract (sample)

TOWN OF ORANGE

RFP #2026-01

ISSUE DATE: JUNE 1, 2026

On-Call Professional Engineering Services for Transportation Projects

GENERAL INFORMATION FORM

(TO BE COMPLETED AND RETURNED)

QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Deborah C.

Sturm, ICMA-CM, AICP, Director of Community Development, Phone: (540) 672-6917; or e-mail:

townplanner@townoforangeva.gov.

DUE DATE: Sealed Proposals will be received until July 9, 2026, up to and including 3:00 p.m. Eastern Standard Time. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: Proposals should be mailed or hand delivered to: Town of Orange Department of Community Development, 235 Warren Street, Orange VA 22960. Reference the Due Date and Hour, and RFP number in the lower left corner of the return envelope or package.

COMPANY INFORMATION/SIGNATURE: In compliance with this Request For Proposal and to all conditions imposed herein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services and goods in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Full Legal Name (print) Federal Taxpayer Number (ID#) Contractor’s Registration

Business Name / DBA Name / TA Name and Address Payment Address Purchase Order Address

Contact Name/Title Signature (ink) Date

Telephone Number Fax Number Toll Free Number E-mail Address mailto:townplanner@townoforangeva.gov.

TOWN OF ORANGE

RFP# 2026-01

On-Call Professional Engineering Services for Transportation Projects

I. PURPOSE: The Town of Orange is soliciting proposals from qualified consulting engineering firms to provide On-Call Professional Engineering Services for Transportation Projects on an as-needed basis during the performance period of this contract with Town of Orange (the "Town") entered into in pursuant to this Request for Proposals (this "RFP").

II. STATEMENT OF NEED:

Qualified engineering firms shall demonstrate the ability to assist staff with a variety of transportation-related reviews, projects and applications including, but not limited to, the following comprehensive services for transportation system projects:

• Surveying (including preparation of right of way and/or easement plats)

• Roadway Design Plans

• Corridor Studies/Plans

• Alternative Transportation (multi-model, bike-pedestrian, etc.) Projects

• Bridge and/or Structure Plans

• Geotechnical Borings and Analysis

• Environmental Reviews & Permitting (including Permit Sketches)

• Hydrologic and Hydraulic Analysis (including Stormwater Management & Scour

Analysis)

• Traffic Data Collection and Analysis

• Pavement Marking, Signage and Signal Plans

• Utility Relocation and/or Adjustment Plans

• Specifications (including Special Provisions)

• Right of Way Acquisition for Donated Right of Way

• Cost Estimation

• Construction Engineering and Inspection

• Traffic Impact Analysis Review

• VDOT Application Preparation and Submittal

This work is to be accomplished utilizing computerized design and drafting systems compatible with the VDOT's automated design and drafting systems. VDOT utilizes the Bentley Products Line consisting of OpenRoads for Drafting, Survey and Road Design processing of information to produce DTM, Topo, Plans and Models. This project will be developed utilizing VDOT’s policies and procedures and FHWA’s guidelines. All surveys, designs, plans, reports, specifications, and cost estimates shall be prepared in accordance with all VDOT publications found at www.virginiadot.org/business/manuals-default.asp. These manuals include, but are not limited to, the Roadway Design Manual (RDM); Road and Bridge Standards/Specifications; VDOT Locally Administered Projects Manual; Instructional & Informational Memoranda (I&IM); Manual on Uniform Traffic https://www.bentley.com/software/openroads-designer/ https://www.bentley.com/software/openroads-designer/ http://www.virginiadot.org/business/manuals-default.asp http://www.virginiadot.org/business/manuals-default.asp

Control Devices (MUTCD); Utility Relocation Manual; Virginia Work Area Protection Manual; VDOT Pavement Design Guide for Subdivisions and Secondary Roads, VDOT Drainage Manual; VDOT Construction Manual; and Environmental Requirements; and the latest revisions thereto.

The purpose and intent of this RFP is to solicit proposals for Term Contracts for such professional architectural and/or professional engineering services to be provided on an 'as needed' basis pursuant to Project Orders issued during the contract term. The contract shall be renewable, at the Town's option, up to four (4) additional one-year periods.

The aim of this RFP is to contract with two or more A/E's who will agree to be available to provide these services, as needed, in a timely manner, thereby reducing the Town's cost and time for advertising, and generally increasing the Town's efficiency in obtaining professional services.

III. CONFLICT OF INTEREST:

At any time, Town of Orange may consider projects assigned under this contract to be delivered through a design-build option. If Town of Orange decides to deliver a project through design-build option, the successful consultant and any of its team members may not be allowed to participate in ANY subsequent design-build contracts related to that project. Furthermore, Town of Orange will notify the successful consultant regarding the change in its intent of delivery method in advance. The Conflict of Interest determination will be made on a case-by-case basis at such time.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

A. GENERAL REQUIREMENTS:

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP to include:

a. One (1) original and four (4) paper copies of the entire proposal

INCLUSIVE OF ALL ATTACHMENTS. Any proprietary information should be clearly marked.

b. One (1) electronic copy in WORD format or searchable PDF (USB/Flash

Drive) of the entire proposal as one document, INCLUSIVE OF ALL ATTACHMENTS mailed along with the hard copy above. Any proprietary information should be clearly marked.

c. Should the proposal contain proprietary information, provide:

i. One (1) redacted paper copy of the entire proposal inclusive of all attachments. All identified proprietary information should be blacked out. This copy should be marked “Redacted Copy”

ii. One (1) redacted electronic copy in WORD format or searchable PDF (USP/Flash Drive) of the entire document INCLUSIVE OF ALL ATTACHMENTS. All identified proprietary information should be blacked out. This USB/Flash Drive should be marked “Redacted Copy”.

d. Response shall be submitted to:

Deborah C. Sturm, ICMA-CM, AICP Director of Community Development 235 Warren Street Orange, VA 22960

Identify on outside of envelope: Sealed RFP # 2026-01

RFP Due date/Opening date and hour: July 9, 2026, 3:00 p.m.

e. Offerors may choose to submit required electronic copies through the eVA

Electronic Submission process by the date and time identified herein. Offerors must still submit required paper copies described above. In order to submit an electronic proposal, the offeror must be properly registered with eVA.

Registration may be accomplished through this site:

https://eva.virginia.gov/register-now.html. It is strongly encouraged that registration be completed well in advance of the submission deadline to avoid any delays in the process. Town of Orange will not be able to assist offerors with their submissions. Offerors must contact eVA with any questions or needs for assistance with submission.

f. Upon successful submission, the offeror should receive confirmation of the submission through eVA. The Town will not confirm receipt of the proposal. For a tutorial on how to view and respond to a solicitation, visit:

https://www.youtube.com/watch?v=KSxcAkOekW0. Town of Orange is not responsible for delays, miscommunications, or transmission errors that may occur during the electronic submission process. This includes but is not limited to issues related to internet connectivity, email servers, or other technical malfunctions. It is the sole responsibility of the Offeror to ensure the proposal is submitted on time.

The Offeror shall make no other distribution of the proposal.

2. Proposal Preparations:

a. Proposal shall be signed by an authorized representative of the Offeror. All information requested should be submitted. The Procurement Manager will review all proposals to ensure required information is included. Failure to submit all information requested may result in a request to submit the missing information. Proposals which are substantially incomplete or lack key information may be rejected as incomplete. Mandatory requirements are those https://eva.virginia.gov/register-now.html https://www.youtube.com/watch?v=KSxcAkOekW0 required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals will be reviewed and evaluated by a Committee as designated by the

Town.

c. Proposal should not be more than fifty (50) pages, be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

d. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirements as it appears in the RFP. If a response covers more than one page, the proposal should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials and documentation originated and prepared for the Town pursuant to the RFP shall belong exclusively to the Town and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected are submitted and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line-item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

B. SPECIFIC REQUIREMENTS:

1. Proposals should be as thorough and as detailed as possible so that the Town may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following information/items as a complete proposal and in the following order:

• Transmittal letter

• Table of Contents

• Understanding of Scope of Work

• Response to RFP Expression of Interest Items 2-15

• Standard Form (SF) 330

• Part I – one combined for the project team

• Part II – one for each firm

• Team Organization Chart – Section D Standard Form (SF) 330 Part I

• A table or matrix containing the requested information in item 15

• Full size copies of Commonwealth of Virginia SCC and DPOR supporting registration/licensing documentation for each firm (including that of each pertinent branch office)

• Full size copies of Commonwealth of Virginia DPOR registration certificate for the Key Personnel

• Firm Data Sheet

• Certification Regarding Debarment Form

• DBE Commitment and Confirmation Letter (if applicable)

• Furnish current SF 330 Part II for each firm involved, and one (1) combined SF 330 Part I for the project team. Please follow the instructions included on the form, unless indicated otherwise within this RFP.

• As referenced in SF 330 Part I, Section D (Organizational Chart of Proposed Team), a one-page organizational chart showing all firms involved and key personnel assignments and responsibilities is required to be included.

• Indicate KEY PERSONNEL ONLY resumes in SF 330 Part I, Section E (Resumes of Key Personnel Proposed for This Contract). Key personnel are defined as those to whom the contract will be assigned and who will be performing the actual management of the work and be responsible for inspection, administrative and design services. Each resume shall be limited to one page per person with a font no less than 10-point.

Furthermore, all individuals identified as Key Personnel in the EOI shall remain on the Consultant’s Team for the duration of the procurement process and, if the consultant is awarded a contract, the duration of the contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to the Town’s Project Manager for approval, who, at his/her sole discretion, will determine whether to authorize a change. Unauthorized changes to the Consultant’s Team at any time during the procurement process may result in elimination of the Consultant’s Team from further consideration.

https://www.virginiadot.org/business/resources/ipd/SF-330.pdf

• In SF 330 Part I, Section F (Example Projects Which Best Illustrate Proposed Team’s Qualifications for This Contract), limit example projects to no more than ten (10).

• In SF 330 Part I, Section G (Key Personnel Participation in Example Projects), limit example projects to no more than ten (10). The example projects listed in Section G (#29) should match the example project list provided in Section F.

• In SF 330 Part I, Section H (Additional Information), the consultant should detail the plan to assure the Town that the staff submitted for evaluation will be available for the services requested by the RFP. Section H of SF 330 Part I is limited to a maximum of ten (10) pages with a font no less than 10-point. This section should describe the organization of the proposed project staff indicating the role of each by individual. If sub-consultants are proposed, the role of each sub-consultant should be discussed. List any computer and CADD equipment and any specialized computer software packages that you will use on projects involving VDOT reviews.

• The Town may receive funds from Federal Grant Sources for projects that are administered by VDOT. Requirements of this Section apply to project assignments from the Town when Federal and State Funds are used either in part or whole to complete the Engineering, Construction or Administration of a Project. Experience as a Consultant on similar type Federal Grant Funded Municipal Level Projects with respect to eligibility as a Contractor under the Requirements of this Section should be demonstrated by the Prospective Offeror.

All firms submitting a proposal (prime consultants, joint ventures and sub-consultants) must have internal control systems in place that meet Federal requirements for accounting. These systems must comply with requirements of 48CFR31, “Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures,” and 23CFR172, “Administration of Negotiated Contracts.” All firms for a project (Prime Consultants, Joint Ventures and Sub-consultants) must submit their FAR audit data to the Town within 10 workd a y s of being notified of their selection. Should any firm on the consultant team fail to submit the required audit data within 10 workdays, negotiations may be terminated by the Town and the next most qualified team will be invited to submit a proposal.

The selected consultant will be required to submit Title VI Forms and Certificates of Insurance and update these documents annually for the duration of the contract.

• Give names and detailed addresses of all affiliated and/or subsidiary companies.

Indicate which companies are subsidiaries. If a situation arises in responding to this questionnaire where you are unsure whether another firm is or is not an affiliate, doubt should be resolved in favor of affiliation and the firm should be listed accordingly.

Affiliate - Any business entity which is closely associated to another business entity so that one entity controls or has the power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving are not considered affiliates.

• In 2 page(s) or less, provide information that will indicate your firm’s ability to meet accelerated project schedules while considering the review time of VDOT and regulatory agencies.

• A project approach discussion is neither required nor desired, although a project approach should be an integral part of the technical presentations.

• Please indicate, by executing and returning the attached Certification Regarding Debarment forms, if your firm, sub-consultant, subcontractor, or any person associated therewith in the capacity of owner, partner, director, officer or any position involving the administration of Federal or State funds:

• Is currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal agency.

• Has been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years.

• Does have a proposed debarment pending; or has been indicted, convicted, or had a civil judgment rendered against it or them by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

Any of the above conditions will not necessarily result in denial of award, but it will be considered in determining offeror responsibility. For any condition noted, indicate to whom it applies, initiating agency, and dates of action. Providing false information may result in Federal criminal prosecution or administrative sanctions.

• If the prime consultant or sub-consultant does not have the in-house capability to provide non- professional services, each with an estimated cost of $5,000 or greater, such as diving services, soil drilling, sampling services or laboratory testing, these services must be subcontracted in accordance with State procurement procedures once a contract is executed, with no DBE or SWaM credit in the selection of the most qualified firm or team. Clearly indicate these services in the EOI. Offeror shall acknowledge understanding of this in the Proposal.

• Each business entity (prime and sub-consultants) on the proposed team who is practicing or offering to practice professional services in Virginia, including, but not limited to, those practicing or offering to practice engineering, surveying, hydrologic and hydraulic analysis, geotechnical analysis and landscape architecture, should provide evidence including full size copies of appropriate commercial professional registrations and licenses for all main and branch offices proposed for this Project, as well as providing full size copies of appropriate individual registrations/licenses for those professional occupations per the requirements listed below. The EOI should convey the requested information for each regulant by the use of a concise table or matrix. (All full-size copies of the Commonwealth of Virginia State Corporation Commission (SCC) and Department of Professional and Occupational Regulation (DPOR) supporting registration documentations should be included in the EOI and will not be counted towards page restriction):

.1 The Commonwealth of Virginia SCC registration detailing the name, registration number, type of corporation and status of the business entity.

.2 For this Project/Contract, the Commonwealth of Virginia DPOR registration information for each office practicing or offering to practice any professional services in Virginia: Provide the business name, address, registration type, registration number, and expiration date.

.3 For this Project/Contract, the Commonwealth of Virginia DPOR license information for each of your Key Personnel practicing or offering to practice professional services in Virginia: Provide the name, the address, type, the registration number, and the expiration date. Provide the office location where each of the Key Personnel is offering to practice professional services.

.4 For this Project/Contract, the Commonwealth of Virginia DPOR license information for those services not regulated by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (i.e. real estate appraisal): the business name, the address, the registration type, the registration number, and the expiration date.

Failure to comply with the law with regard to those requirements in Virginia (whether federal or state) at the time of the EOI submittal regarding your organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature may render your EOI submittal(s), in the sole and reasonable discretion of the Department, non-responsive and in that event your EOI submittal(s) may be returned without any consideration or evaluation.

V. EVALUATION AND AWARD OF CONTRACT:

A. Award of Contract: A minimum of three consultants will be selected for further evaluation and technical presentations (the “short list”). If less than three expressions of interest are received, Town of Orange will contact the VDOT Project Coordinator to determine if the selection may continue. VDOT will obtain concurrence from FHWA to proceed with the selection process. Town of Orange shall select the offeror which, in its opinion, has made the best proposal, and shall begin negotiations with that offeror. If a mutually agreeable contract cannot be finalized with the top-ranked offeror, then negotiations with that offeror will be formally terminated and negotiations with the second-ranked offeror will begin.

Town of Orange may cancel the Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Section 2.2- 4359D, Code of Virginia.) The Town reserves the right to award a contract to more than one firm as a result of this solicitation. The award document will be a contract incorporating by reference all the requirements, terms, and conditions of the solicitation and the contractor’s proposal as negotiated. See Attachment B for sample contract form.

B. Evaluation Criteria: Proposals shall be evaluated by the Town using the following criteria:

EVALUATION CRITERIA WEIGHT

1. Method and plan for providing services 40

• Understanding of Scope

• Proposed Approach

2. Qualifications and experience 40

• Team Experience

• Organization Capabilities

3. References 15

• Quality of workmanship and performance of the consultant: Past performance on contracts with respect to such factors as control of costs, coordination and quality of work, and ability to meet schedules.

4. Organizational requirements 5

• Responsible-in-charge in the firm must be a registered professional engineer in their state of residence and also registered professional engineer in the Commonwealth of Virginia.

• Firm must be registered to do business in Virginia.

• Team members must identify such potential conflicts of interest (COI) or a real or perceived competitive advantage.

• Planned DBE/SWaM Involvement

VI. RESERVATION OF RIGHTS: Town of Orange reserves the right to award in part or in whole, to more vendors, or to reject any or all proposals, whichever is deemed to be in its best interest.

VII. OPTIONAL PRE-PROPOSAL CONFERENCE: A pre-proposal conference will be held at 2:00 pm on Wednesday, June 17, 2026 at 235 Warren Street, Orange, VA 22960 in the Community Room. The purpose of this conference is to allow potential Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Potential offerors may also attend by teleconference.

Email k.strawser@townoforangeva.gov no later than 4:00 pm on June 16, 2026 to pre-register for the conference and to receive instructions for attending in person or by teleconference. If you do not pre-register by this deadline, there is no guarantee you will receive instructions prior to the meeting to attend via teleconference.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring/have a copy of this solicitation with you during the conference. Any changes resulting from this conference will be issued in a written addendum to this solicitation.

Potential offerors are encouraged to submit written questions before the conference so questions may be addressed during the meeting. Written questions must be submitted by email to Deborah C. Sturm at townplanner@townoforangeva.gov no later than close of business on June 16, 2026.

VIII. PROFESSIONAL SERVICES CONTRACT & CONTRACT PERIOD

The Town will provide to the selected firm(s) an approved notice of award (the "Notice of Award") and electronic copies of the Contract. The Contract must be executed and returned with proof of insurance within ten (10) business days of the date indicated on the Notice of Award (See Exhibit C). The Contract term will be for one

(1) year and renewable for on-call, as-needed engineering services every one (1) year from the contract award date for up to four (4) additional 1-year periods upon approval of the Town. By submission of a proposal on this RFP, offeror agrees to the contents of the Professional Service Agreement, both in form and substance in its entirety.

IX. CONTRACT ADMINISTRATION:

Deborah C. Sturm, Director of Community Development, will be the Contract Administrator and shall use all powers under the contract to enforce its faithful performance. The Contract Administrator, or their designee, shall determine the amount, quantity, acceptability, and fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or their designee, shall not have the authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Town of Orange Purchasing Department through a written amendment to the contract.

mailto:k.strawser@townoforangeva.gov mailto:townplanner@townoforangeva.gov

A. Services

The Town reserves the right to obtain any services provided pursuant to this RFP by soliciting additional requests for proposals if determined to be in the Town’s best interest to do so.

The Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work.

The Consultant shall ensure that any construction contract document, including any drawings, plans, etc., is in compliance with all requirements of any ordinance, regulation, rule and any other law applicable to the work.

The professional consulting engineering firm's selection as the Town’s Consultant shall not be deemed as having guaranteed or granted to the Consultant any work under the Contract. Such work will be assigned on an as needed basis and in the sole discretion of the Town.

B. Task Order/Award Procedures

Once the contract negotiations have commenced, the Town may issue formal task order requests to the Consultant for transportation projects on an as-needed basis, and as outlined in Sections I and II of this solicitation. Subsequent to the Consultant Interviews, the Town may request a meeting with the selected Consultant to discuss potential projects. Based upon subsequent meetings and/or negotiations, the Consultant will be asked to prepare a written task proposal to provide the necessary services to accomplish a task assignment.

X. PAYMENT PROCEDURES: The Town will authorize payment to the Contractor after receipt of Contractor’s correct invoice for services rendered. Invoices shall be sent to:

Town Orange Department of Community Development 235 Warren Street Orange VA 22960

ATTACHMENT A

GENERAL TERMS AND CONDITIONS

The Town of Orange follows the Virginia Public Procurement Act as set forth in §2.2-4300, et seq.

SPECIAL TERMS AND CONDITIONS

SEVERAL LIABILITY: Town of Orange will be severally liable to the extent of its purchases made against any contract resulting from this solicitation. Applicable departments, institutions, agencies and Public Bodies of the Commonwealth of Virginia will be severally liable to the extent of their purchases made against any contract resulting from this solicitation.

VDOT Terms and Conditions: VDOT issued a memorandum on October 27, 2025 regarding U.S. Department of Transportation Interim Final Rule (IFR) on the Disadvantaged Business Enterprise (DBE) Program Implementation Modifications – Clarification re: October 3, 2025, DBE Memorandum. While the Town understands and acknowledges VDOT has suspended DBE goals on contracts, the Town encourages offerors to submit based on the requirements below wherever possible, with the understanding that DBE goals and requirements may or may not be effective in the future. DBE goals will not be scored as a part of this RFP.

1. Disadvantaged Business Enterprises (DBEs) Goals for this Contract

It is the policy of the Virginia Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of federally funded consultant contracts. A list of Virginia Department of Minority Business Enterprise certified DBE firms is maintained on their web site (http://www.virginiadot.org/business/civil_rights_disadvantaged_business_enterprise_d be_progra m.asp ) under the VDOT DBE Directory link. Consultants are encouraged to take all necessary and reasonable steps to ensure that DBEs have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplemental contracts. If the consultant intends to subcontract a portion of the services on the project, the consultant is encouraged to seek out and consider DBEs as potential subcontractors. The consultant is encouraged to contact DBEs to solicit their interest, capability and qualifications. Any agreement between a consultant and a DBE whereby the DBE promises not to provide services to other consultants is prohibited.

The DBE contract goal for this procurement is 0 %; however, the Department feels that these services support 10% DBE participation.

In accordance with the Governor’s Executive Order No. 33, the Virginia Department of Transportation also requires a utilization of Small, Women and Minority (SWaM) https://law.lis.virginia.gov/vacodepopularnames/virginia-public-procurement-act/ http://www.virginiadot.org/business/civil_rights_disadvantaged_business_enterprise_dbe_progra http://www.virginiadot.org/business/civil_rights_disadvantaged_business_enterprise_dbe_progra http://www.virginiadot.org/business/civil_rights_disadvantaged_business_enterprise_dbe_program.asp

Businesses to participate in the performance of state funded consultant contracts. A list of Virginia Department of Minority Business Enterprise (DMBE) certified SWaM firms is maintained on the DMBE Web site (http://www.virginiadot.org/business/civil_rights_disadvantaged_business_enterprise_dbe_ program.asp) under the SWaM Vendor Directory link. Consultants are encouraged to take all necessary and reasonable steps to ensure that SWaM firms have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplemental contracts. If the consultant intends to subcontract a portion of the services on the project, the consultant is encouraged to seek out and consider SWaM firms as potential subconsultants. The consultant is encouraged to contact SWaM firms to solicit their interest, capability and qualifications. Any agreement between a consultant and a SWaM firm whereby the SWaM firm promises not to provide services to other consultants is prohibited. If portions of the services are to be subcontracted to a DBE or SWaM, the following needs to be submitted with your EOI and both must reference the project number(s) for the services:

a.) Written documentation of the prime’s commitment to the DBE or SWaM firm to subcontract a portion of the services, a description of the services to be performed, and the percent of participation.

b.) Written confirmation from the DBE or SWaM firm that it is participating, including a description of the services to be performed and the percent of participation.

49 CFR Part 26 requires VDOT to collect certain data about firms attempting to participate in VDOT contracts. This data must be provided on the enclosed Firm Data Sheet and submitted as part of the consultant’s proposal. A copy of the form is provided as part of this attachment.

VDOT is also required to capture DBE and SWaM payment information on all professional services contracts. The successful prime consultant will be required to complete C- 63 form for both state and federally funded projects on quarterly basis. A copy of the form is provided as part of this attachment.

If a DBE or SWAM is not certified, the DBE or SWAM must become certified with the Virginia Department of Minority Business Enterprise prior to the consultant’s response being submitted. If a DBE or SWAM is the prime consultant, the firm will receive full credit for planned involvement of their own forces, as well as the work that they commit to be performed by DBE or SWAM subcontractors. DBE or SWAM prime consultants are encouraged to make the same outreach efforts as other consultants. DBE or SWAM credit will be awarded only for work actually being performed by themselves and their subcontractors only if the subcontractors are DBEs or SWAMs. A DBE or SWAM prime consultant must perform or exercise responsibility for at least 30% of the total cost of its contract with its own force.

DBE or SWAM certification entitles consultants to participate in VDOT’s DBE and SWAM programs. However, this certification does not guarantee that the firm will obtain VDOT work nor does it attest to the firm’s abilities to perform any particular work.

Business Opportunity and Workforce Development (BOWD) Center - The BOWD Center is a VDOT developmental supportive services program and partnering initiative funded by FHWA for selected DBE firms of various skill and competence levels interested in entering, enhancing or expanding highway contracting opportunities with prime consultants. The partnering initiative between prime consultants and BOWD DBE firms provides the opportunity for the further development of DBE firms through performance on contracts and guidance from prime consultants. The intent of this partnering initiative is to increase capacity by perfecting existing skills and knowledge, expanding into new work areas, and prime consultant joint venturing with DBE firms.

The prime consultants are encouraged to achieve all or a percentage of the required DBE participation/goals determined for this project by the utilization of BOWD approved firms.

To assist consultants in taking advantage of this opportunity for utilization of approved BOWD firms, please contact the BOWD Center for additional information, details, resources and support. For further information on the BOWD Center and to view the DBE profiles, go to https://www.virginiadot.org/business/civil_rights_dbe_supportive_services.asp. The BOWD Center can be contacted at (804) 662- 9555 or via email to BOWDCenter@vdot.virginia.gov.

Offeror should clearly indicate the proposed use of SWaM and DBE firms for this project, including percentage of work to be assigned on net task assignments during the course of the contract.

2. All business entities, except for sole proprietorships, are required to register with the Virginia State Corporation Commission (A Business Registration Guide is available on the Internet at http://www.state.va.us/scc/division/clk/brg.htm). Foreign Professional corporations and Foreign Professional Limited Liability Companies must possess a Commonwealth of Virginia Certificate of Authority from the State Corporation Commission to render professional services. Any business entity other than a professional corporation, professional limited liability company or sole proprietorships that do not employ other individuals for which licensing is required must be registered in the Commonwealth of Virginia with the Department of Professional and Occupational Regulation, Virginia Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects (http://www.state.va.us/dpor). Board regulations require that all professional corporations and business entities that have branch offices located in Virginia which offer or render any professional services relating to the professions regulated by the Board be registered with the Board. Registration involves completing the required application and submitting the required registration fee for each and every branch office location in the commonwealth. All branch offices which offer or render any professional service must have at least one full-time resident professional in responsible charge who is licensed in the profession offered or rendered at each branch. All firms involved that are to provide professional services must meet this criterion prior to submitting an EOI to the Town of Orange. Individual engineers shall meet the requirements of Chapter 4, Title

54.1 of the Code of Virginia.

3. The Town of Orange will not consider for award any cost proposals submitted by any consultants and will not consent to subcontracting any portions of the contract to any subconsultants in violation of the provisions of the Federal Immigration Reform and https://www.virginiadot.org/business/civil_rights_dbe_supportive_services.asp mailto:BOWDCenter@vdot.virginia.gov http://www.state.va.us/scc/division/clk/brg.htm http://www.state.va.us/dpor)

Control Act of 1986, which prohibits employment of illegal aliens.

4. All firms submitting proposals (prime consultants, joint ventures and subconsultants) must have internal control systems in place that meet federal requirements for accounting. These systems must comply with requirements of 48CFR31, “Federal Acquisition Regulations, Contract Cost Principles and Procedures,” and 23CFR172, “Administration of Negotiated Contracts.” All firms selected for a project (prime consultants, joint ventures and subconsultants) must submit their FAR audit data to the Town of Orange within ten work days of being notified of their selection. Should any firm on the consultant team fail to submit the required audit data within the ten work days, negotiations will be terminated by Town of Orange and the next most qualified team invited to submit a proposal.

5. The Town of Orange assures compliance with Title VI of the Civil Rights Act of 1964, as amended. The consultant and all subconsultants selected for this project will be required to submit a Title VI Evaluation Report (EEO-D2) within ten work days of notification of selection when requested by VDOT. This requirement applies to all consulting firms when the contract amount equals or exceeds $10,000. A copy of the form may be accessed by clicking here

6. The Town of Orange does not discriminate against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

7. USDOT Order 1052.2 Appendix A -During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3) Solicitations for Subcontractors, Including Procurements of Materials and

Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

http://www.virginiadot.org/business/resources/const/Title_VI_Evaluation_Form.pdf

(4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the (Name of Appropriate Administration) to be pertinent to ascertain compliance with such Regulations, orders and instructions.

Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Recipient), or the (Name of Appropriate Administration) as appropriate, and shall set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

The contractor shall take such action with respect to any subcontract. or procurement as the (Recipient) or the (Name of Appropriate Administration) may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Recipient) to enter into such litigation to protect the interests of the (Recipient), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

8. USDOT Order 1050.2 - APPENDIX A

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the (Name of Appropriate Administration) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Recipient), or the (Name of Appropriate Administration) as appropriate, and shall set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs

(1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

The contractor shall take such action with respect to any subcontract. or procurement as the (Recipient) or the (Name of Appropriate Administration) may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Recipient) to enter into such litigation to protect the interests of the (Recipient), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

9. GOOD FAITH EFFORT

(Federally Funded Project with DBE Goal: until further notice, DBE goals will not be assigned to consultant service contracts)

The Department will be accepting what consultants submit in their Expressions of Interest regarding good faith efforts. If a firm that has submitted good faith effort documentation makes the short list, the procuring Division Administrator (cannot be delegated unless he/she will be out of the…