2026-SUD-0010 Content Creation Services – Be Well Campaign Page | 1

REQUEST FOR PROPOSALS

2026-SUD-0010

CONTENT CREATION SERVICES – BE WELL CAMPAIGN

Issue Date: July 9, 2026

Commodity Code: 91826 - Communications Public Relations

91876 - Marketing Consulting

Purchasing Agency: Richmond Behavioral Health Authority

107 South 5th Street

Richmond, VA 23219

Contract Specialist: Michael Rogers, VCO, VCA, MBA

Michael.rogers@rbha.org

Location where work will be performed: Various Locations in Richmond, VA

Initial Period of Contract: From initial date of award through twelve (12) months with four (4) one-year renewal options.

SEALED PROPOSALS WILL BE RECEIVED UNTIL 2:00 PM, EST., August 6, 2026, for furnishing the goods or services described herein.

PROPOSAL SUBMISSION: SEALED

ELECTRONIC SUBMISSION is available through eVA. Original, non-redacted copies must be included with submission. (All vendors must be registered in eVA. See Section VIII. Special Terms & Conditions, item 13). Vendors must contact eVA Customer Care with any issues or questions. Late submittals will not be accepted by electronic submission, nor will they be accepted by RBHA.

MAIL DELIVERY HAND DELIVERY, FEDEX, UPS

Richmond Behavioral Health Authority Richmond Behavioral Health Authority

Attn: Dawn Parent, Purchasing Attn: Dawn Parent, Purchasing

107 S 5th Street 420 E Cary Street

Richmond, Virginia 23219 Richmond, Virginia 23219

Monday – Friday 8:00 am – 4:30 pm Monday – Friday 8:00 am – 4:30 pm

The bidder shall ensure that bids are received at the location indicated by the date and time listed herein.

If an addendum is issued to this RFP, it is the responsibility of the Offeror to provide acknowledgement of that addendum as part of the proposal submission.

PREPROPOSAL CONFERENCE: A pre-proposal conference is not planned. Refer to Section VI.

In compliance with this request for proposal and to all the conditions imposed therein, the undersigned firm hereby agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Further, the undersigned firm hereby warrants and certifies that – mailto:Michael.rogers@rbha.org

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(1) All information provided below and in any schedule attached hereto is true, accurate and complete;

(2) The individual signing on Offeror’s behalf is authorized to bind the Offeror in any and all contractual matters relating to this Request for Proposals;

(3) The Offeror, the individual signing on behalf of the Offeror, or any officer of the firm does not have any business or personal relationships with any other persons, including RBHA employees, officers;

or executives; or companies that are in conflict with the Commonwealth of Virginia’s Conflict of

Interest Act or of any RBHA terms and conditions;

(4) The Offeror has not employed or retained any firm or person other than a bona fide employee working solely for the firm to solicit or secure this contract and has not paid or agreed to pay any firm or person other than a bona fide employee working solely for the firm any fee, commission, percentage, brokerage fee, gifts or other consideration contingent upon or resulting from the award or making of this contract.

For breach or violation of this warranty, RBHA shall have the right to annul or void any resulting contract without liability or, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

If the Offeror knowingly makes a material misrepresentation in submitting information to the Authority, such misrepresentation will be sufficient grounds for rescinding an award to the Offeror.

OFFEROR INFORMATION:

Sign in ink and type or print requested information.

(Official Signature in Ink) Print Name

Title Date

Name of Firm (Offeror) Federal Identification Number

Offeror Business Address

Print Telephone Number Facsimile

Email Address

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-or against an Offeror or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

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TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEEDS

IV. PREPARATION AND SUBMISSION OF PROPOSALS

V. EVALUATION, SELECTION AND AWARD PROCESS

VI. PRE-PROPOSAL CONFERENCE

VII. GENERAL TERMS AND CONDITIONS

VIII. SPECIAL TERMS AND CONDITIONS

IX. METHOD OF PAYMENT

X. ATTACHMENTS

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

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I. PURPOSE

A. The purpose of this Request for Proposals (RFP) is to solicit sealed proposals from qualified offerors to establish a contract(s) through competitive negotiation to furnish and provide Content Creator

Services for the RBHA Be Well Campaign. These services will be provided at various locations for the Richmond Behavioral Health Authority (RBHA/Authority), a public body within the

Commonwealth of Virginia.

II. BACKGROUND

A. RBHA is licensed by the Virginia Department of Behavioral Health and Developmental Services and is the statutorily established public entity responsible for providing mental health, developmental services, and substance use disorder treatment and prevention services to the citizens of the City of

Richmond. RBHA was established in July 1996 by resolution of the City Council of the City of

Richmond, pursuant to §37.2-600 of the Code of Virginia, as a behavioral health authority.

B. BeWellVA is a regional suicide prevention initiative serving Virginia's Region 4. Through collaboration among community partners, healthcare providers, schools, behavioral health organizations, local governments, and individuals with lived experience, BeWellVA works to increase awareness of mental health and suicide prevention, reduce stigma, promote help-seeking behaviors, and strengthen protective factors across the lifespan.

C. As a coalition-based initiative, BeWellVA supports community education, training, outreach, public awareness campaigns, resource sharing, and collaborative prevention efforts designed to improve mental well-being and reduce suicide risk throughout the region. The initiative emphasizes evidence-informed strategies, community engagement, and cross-sector partnerships to create a coordinated approach to mental health promotion and suicide prevention.

III. STATEMENT OF NEEDS

A. RBHA requires the services of a qualified firm or individual to provide professional Content

Creation Services to the Authority focused on suicide prevention, problem gaming, and gambling awareness. The selected vendor will serve as a proactive subject matter expert, creating, managing, and distributing content across digital and print platforms to support organizational awareness and educational initiatives. The goal is to enhance community awareness, education, and engagement through strategic campaigns, creative messaging, and optimized outreach.

B. Scope of Work. The Contractor shall:

1. Content Development & Management

• Serves proactively as a subject matter expert in all matters related to awareness and prevention of suicide, problem gaming, and gambling

• Responsible for researching and developing creative content for both digital and print media

• Develop and maintain an annual communication calendar focusing digital media around relevant topic areas related to suicide prevention, gaming/gambling, and wellness. Each month will have a different focus area and content will be presented at least one month out for organizational review and approval

• Responsible for content creation to include a minimum of three posts per week on digital platforms, a monthly newsletter, and print materials (as needed)

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• Produce high-quality creative materials: videos, PSAs, banners, audio, and educational materials

• Manges all content developed for suicide prevention and problem gambling prevention

• Organize and maintain a shareable content library (posts, graphics, videos, infographics, etc.)

• Develop templates and style guidelines to ensure brand consistency

• Research and create content highlighting the risk factors and correlation between suicidality and problem gaming, and gambling

2. Campaigns & Community Engagement

• Plan, promote, and coordinate suicide prevention awareness campaigns and mental health awareness campaigns and community broad-based educational opportunities (e.g. webinars, conferences)

• Ensure event promotion, cross-posting on platforms and organization social media pages, and digital flyer integration into all marketing strategies

• Provide guidance on crisis communication, sensitive messaging, and risk management

3. Social Media & Digital Strategy

• Manage two social media accounts (Facebook and Instagram), build a strategic presence, and create and post content tailored to the audience identified by the organization.

• Collaborate with Regional Administrator and Media Consultants, as needed and applicable, for media placement and media buys

• Schedule posts and campaigns using content-management tools

• Use data and analytics to optimize campaigns and track reach, engagement, and conversions

4. Reporting & Communication

• Attend regular check-ins with RBHA leadership

• Track and report on social media metrics, newsletter engagement, website analytics, and overall campaign performance monthly

• Deliver an end-of-year report summarizing activities, outcomes, and recommendations

C. Qualifications. The Contractor shall possess and maintain the following qualifications for themselves, as well as any of their subcontractors.

• Possess a Master of Public Health degree, and a certification as a Health Educator Specialist

• Demonstrated experience with writing reports for Department of Behavioral Health &

Developmental Services Office-Prevention

• Demonstrated experience utilizing local and national resources related to problem gambling and suicide prevention

• Demonstrated experience developing messaging that is evidence-based and complies with best practices related to messaging about suicide and addiction

• Demonstrated experience in using the Strategic Prevention Framework to plan, implement and evaluate campaigns and initiatives related to suicide prevention and problem gambling

• Have demonstrated experience in providing these services for at least five (5) consecutive years creating digital and print content for public health, non-profit, or human services organizations

• Be appropriately insured (as stated in Section VII.16)

• Demonstrated expertise in social media management, digital campaigns, and content analytics

• Portfolio showcasing high-quality creative work (social media, print, video, PSA)

• Experience managing community focused awareness campaigns

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• Ability to work collaboratively with multiple stakeholders and adapt to feedback

• References from at least three (3) previous clients in relevant fields (non-profit, public health, or behavioral health)

• Have an active account with the eVA and an active registration status with the Virginia SCC

D. Government Furnished. RBHA-provided goods and/or services.

• RBHA will provide necessary leadership and administrative support for program operations.

• The Contractor shall furnish all property necessary to perform the services specified herein.

IV. PREPARATION AND SUBMISSION OF PROPOSALS

A. General Instructions:

1. In order to be considered for selection, Offerors must submit a complete response to this RFP by one of the following methods

a. Electronic submission via eVA including One (1) original and if necessary, one (1) redacted version in electronic form.

b. Hard-copy submission that includes: One (1) original (so marked) and three (3) copies of each proposal; One original version in a searchable and editable, electronic format (USB drive); and if necessary, one (1) redacted version in electronic form.

No other distribution of the proposal shall be made by the Offeror. Proposals will not be accepted by facsimile transmission or by electronic mail.

2. Late Proposals. No proposal received after the date and time specified for receipt of offers will be considered. The time a proposal is received in hand is determined by the time stamped on the proposal receipt by the time clock at the Receptionist Desk on the Lobby Level of RBHA.

Proposals received late will be not be accepted. RBHA is not responsible for delay in delivery by

U.S. Postal Service, private carrier, hand delivery or inter-office mail. It is incumbent upon the

Offeror to ensure its proposal is received at the date, time, and place specified.

B. Proposal Preparation:

1. Proposals shall be signed by an authorized representative of the firm. Proposals must be typed or neatly printed. Illegible information may result in receiving a lower evaluation All information requested should be submitted. Failure to submit all information requested may result in the

RBHA requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. Prepare proposals 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. Proposals that are not substantive may be considered non-responsive. It is not sufficient for the Offeror to address the proposal in general terms or in terms other than those outlined in the proposal.

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3. Ownership of all data, materials, and documentation originated and prepared for RBHA pursuant to the RFP shall belong exclusively to RBHA 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 § 2.2-4342F of the Code of

Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected 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 may result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw the prohibited classification designation, the proposal will be rejected.

4. All proposals submitted in response to this RFP will become the property of RBHA and are not returned. However, if any portion of the proposal is marked "proprietary” and is highlighted, this portion can be returned after award of contract if requested, at the vendor’s expense.

5. Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal. This provides an opportunity for the offeror to clarify or elaborate on its proposal. This is a fact-finding and explanation session only and does not include negotiation. RBHA will schedule the time and location of these presentations. Oral presentations are an option of RBHA and may or may not be conducted

C. Offeror’s Understanding of the Requirements :

1. Offerors are responsible to inquire about and clarifying any requirement of this RFP that is not understood. Oral requests for information will not be accepted. Submit written inquiry to: michael.rogers@rbha.org. Please include RFP #2026-SUD-0010 in the subject line.

2. All written inquiries must be received by the Contract Officer by 12:00 p.m., Tuesday, July 16, 2026. NO FURTHER INQUIRIES WILL BE ACCEPTED AFTER QUESTIONS ARE DUE.

Written answers will be provided by an addendum and posted to the Commonwealth of

Virginia’s procurement website at www.eva.virginia.gov. The offerors are responsible for ascertaining the existence of any addendum.

D. Specific Proposal Instructions:

1. Proposals should be as thorough and detailed as possible so that RBHA may properly evaluate the

Offeror’s capabilities to provide the required goods or services.

2. Offerors are required to submit the following items as a complete proposal:

Tab 1: Expression of Interest

• Introduction to the Offeror’s qualifications and desire to meet the needs of the Authority

• Completed and signed RFP Cover Sheet

• Attachment B - State Corporation Commission (pursuant to Title 13.1 or Title 50)

• Attachment C - Pricing Schedule mailto:Theresa.Harris@rbha.org http://www.eva.virginia.gov/

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Tab 2: Qualifications And Experience of Offeror

• Attachment A - Vender Data Sheet

• Typed narrative statement regarding skills, knowledge, and qualifications of the firm, key staff, and any subcontractors in providing the Services and Deliverables

• Letters of recommendation or other references supporting Attachment A. References shall be current and provide up-to-date contact information. By submission of Attachment A, Offeror gives approval for RBHA to contact any or all references regarding the knowledge, skills, ability, integrity or other relevant information regarding the Offeror.

• Examples or Case Studies highlighting previous experience on project similar to that described in the Scope of Work, above.

• Past or pending legal proceedings or business litigation (jointly or separately) relating to the services contemplated, providing disposition of same, for the past five (5) years.

E. Exceptions (Optional). Provide a narrative explanation of any limitations, exceptions to terms and conditions or exclusions of service, and a description of any assumptions made or expectations of

RBHA not herein delineated. 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. In the case of a proposal for information technology, as defined in Va. Code § 2.2-2006, Offerors are not required to state in a proposal any exception to any liability provisions contained in the Request for Proposal

F. Identification and Delivery of Proposal:

1. The signed RFP response must be returned in a separate sealed envelope by the date and time set herein, and identified as follows:

Return Address: Vendor’s name and complete mailing address

Address to: Richmond Behavioral Health Authority Attn: Michael Rogers, Sr. Contract Officer

[For correct address see Title Page “PROPOSAL SUBMISSION: SEALED]

Lower left: RFP # 2026-SUD-0010

RFP Title: Content Creation Services – Be Well Campaign

Closing Date: No later than 2:00 pm, EST., August 6, 2026

2. If an RFP response is mailed, the Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the response to be disqualified. RFP responses delivered that require an “Additional

Postage Due” payment will not be accepted.

3. RFP responses may be hand delivered to the designated location identified on the cover page. No other correspondence or other RFP response should be placed in the envelope.

V. EVALUATION, SELECTION AND AWARD PROCESS

A. Offerors are to make written proposals that present the Offeror's qualifications and understanding of the work to be performed. Offerors should address each evaluation criteria and to be specific in

2026-SUD-0010 Content Creation Services – Be Well Campaign Page | 9 presenting their qualifications. Proposals should be as thorough and detailed as possible so that

RBHA may properly evaluate Offeror’s capabilities to provide the required services.

B. As soon as practical following the closing time, RBHA will open and list the proposals for the record.

This is not a public opening.

C. During the evaluation phase, proposals are reviewed by the Evaluation Committee to ascertain which proposals address all the requirements of the RFP and to conduct an analysis to document the adequacy of the proposals. Proposals deemed technically non-responsive or not as responsive as other proposals may be eliminated at this point. The Evaluation Committee may conduct interviews or site visits with selected Offerors to clarify specific matters presented in the proposals. The Evaluation

Committee will use information gained during these discussions, and information presented in the proposal, to rank Offerors in accordance with criteria stated in the RFP.

D. The Evaluation Committee will use the following evaluation criteria and weighing factors in selecting the firm(s) for negotiation and recommendation for award of the contract:

Criteria Points

1.

Qualifications of the Offeror, including background, experience, and expertise of key staff and subcontractors

Prior successful experience of a similar scope and magnitude

Stability and integrity of the firm

Resumes of proposed staff

30 pts

2.

Technical approach to Services

Extent to which the approach satisfies the requirements Delivery of service

Licenses, Certifications, Education requirement

Clear understanding of the work to be performed

30 pts

3. References 20 pts

4. Examples or Case Studies highlighting previous experience 15 pts

5. Overall quality of proposal 5 pts

AVAILABLE POINTS 100

E. RBHA will engage in individual discussions with one or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible.

Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage

RBHA may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, and on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, RBHA will select, in the order of preference, two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the

2026-SUD-0010 Content Creation Services – Be Well Campaign Page | 10 offeror ranked first. If a contract satisfactory and advantageous to RBHA can be negotiated at a price considered fair and reasonable, the award(s) shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price.

The contract awarded will incorporate by reference all requirements, terms and conditions of the solicitation (RFP), all negotiated requirements and the Offeror’s proposals as negotiated.

VI. PRE-PROPOSAL CONFERENCE

1. A pre-proposal conference is not scheduled. Potential offerors are encouraged to submit written questions and clarification requests no later than 12:00 pm on July 16, 2026.

VII. GENERAL TERMS AND CONDITIONS

The following Terms and Conditions are MANDATORY and shall be incorporated verbatim in any contract award:

1. APPLICABLE LAWS AND COURTS: This solicitation and any contract resulting from this solicitation shall be governed and construed in accordance with Virginia law without taking into account conflicts of laws rules. The parties hereto expressly agree that the proper forum for adjudication of matters arising under or relating to the contract resulting from this solicitation shall be the Circuit Court of the City of Richmond. The Authority may at its discretion, and if agreeable to the

Contractor, resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). The

Contractor shall comply with applicable federal, state and local laws and regulations.

2. ANTI-DISCRIMINATION: By submitting its offer, Offeror certifies to the Richmond Behavioral

Health Authority that it 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 and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000, the provisions in A. and B. below apply:

A. During the performance of this contract, the vendor agrees as follows:

1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the contractor has contracts over $10,000.00.

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

3) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for meeting the requirements of this Section.

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

3. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to

RBHA all rights, title and interest in and to all causes of the 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 Authority under said contract.

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

5. ANNOUNCEMENT OF AWARD: Upon the award or decision to award a contract as a result of this solicitation, RBHA will publicly post such notice on the Commonwealth of Virginia’s procurement website (www.eva.virginia.gov) for a minimum of 10 days.

6. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

7. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that RBHA shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this contract.

8. CLARIFICATION OF TERMS: If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the contract officer whose name appears on the face of the solicitation, no later than five days before the due date. Any revisions to the solicitation will be made only by addendum issued by the contract officer.

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

A. The parties may agree in writing to modify the terms, conditions, or scope of the contract.

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 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.

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B. RBHA 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 RBHA of the adjustment to be sought, and before proceeding to comply with the notice, shall await the RBHA’s written decision affirming, modifying, or revoking the prior written notice. If RBHA 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 RBHA a credit for any savings.

Said compensation shall be determined by one of the following methods:

1) By mutual agreement between the parties in writing; or

2) 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 Purchasing Agency’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 RBHA with all vouchers and records of expenses incurred and savings realized. The RBHA 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 RBHA within thirty (30) days from the date of receipt of the written order from RBHA. 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

Code of Virginia. 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 RBHA or with the performance of the contract generally.

10. CURRENCY: Unless stated otherwise in the solicitation, Offerors shall state prices in US dollars.

11. DEBARMENT STATUS: By submitting its proposal, Offeror certifies that it is not currently debarred suspended or otherwise excluded from submitting offers on contracts by any public body of the

Commonwealth of Virginia, nor is it an agent of any person or entity that is currently debarred from submitting offers on contracts by a public body of the Commonwealth of Virginia or by an agency of the United States of America.

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

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13. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

14. ETHICS IN PUBLIC CONTRACTING: By submitting its proposal, Offeror certifies that its proposal is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other vendor, supplier, manufacturer or subcontractor in connection with its proposal, and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

15. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting its proposal, Offeror certifies that it does not and shall not during the performance of this contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the Federal Immigration

Reform and Control Act of 1986 (the “Act”) or otherwise violate the provisions of the Act.

16. INSURANCE: By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State

Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1) Workers’ Compensation - Statutory requirements and benefits.

2) Employer’s Liability - $100,000

3) Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. Richmond Behavioral

Health Authority must be named as an additional insured and so endorsed on the policy.

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Additionally Insured needs to be written on the Commercial General policy as stated below:

“The Richmond Behavior Health Authority and its subsidiaries must be named as Certificate

Holder and The Richmond Behavior Health Authority and its subsidiaries and appointed officials, officers, consultants, agents and employees, and affiliate or boards are additional insured must be listed as additional insured and so endorsed on the policy.”

4) Data Breach and Privacy/Cyber Liability Insurance including coverage for failure to protect confidential information and failure of the security of the Proposer’s computer systems or the

Authority systems due to the actions of the Proposer which results in unauthorized access to the

Authority data. The limit applicable to this policy shall be no less than $10,000 per occurrence and must apply to incidents related to the cyber theft, data breaches, system hacking, ransomware, or third-party liability claims arising from a data security breach of the Authority’s property, including but not limited to, money and securities. The Authority must be protected as additional insured on policies held by the selected Proposer and any of its subcontractors. For a vendor performing website design or with access to the Authority’s systems.

5) Professional Errors and Omissions (E&O) Insurance is also recommended. In addition, the vendor’s policies must name RBHA as an additional insured, include a waiver of subrogation provision, be considered primary and not contributory, and remain in place for the duration of services/products provided, plus a minimum of five years after the contract ends. The E&O coverage should have $1 million per-occurrence and $1 million aggregate limit.

6) Media Liability/Professional Errors and Omissions (E&O) Insurance with at least should have $1 million per-occurrence and $1 million aggregate limit. In addition, the vendor’s policies must name RBHA as an additional insured, include a waiver of subrogation provision, be considered primary and not contributory, and remain in place for the duration of services/products provided, plus a minimum of five years after the contract ends.

Please list RBHA as the Certificate Holder on all policies:

Richmond Behavioral Health Authority

Attn: Procurement Department

Richmond, Virginia 23219-3816

Other insurance as required based upon the nature of the contract.

17. MANDATORY USE OF FORMS: Failure to submit a proposal on the forms provided for that purpose may be cause for rejection of the proposal as non-responsive. Modifications of or additions to any portion of the proposal forms including to the Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, RBHA reserves the right to decide, on a case by case basis, in its sole discretion, whether to accept or reject such a proposal.

18. NO CONTACT POLICY: During the conduct of this solicitation, no Offeror shall initiate contact with any representative of RBHA concerning the conduct of this solicitation. Any contact with an

RBHA representative is prohibited and may result in disqualification from the procurement process.

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19. NONDISCRIMINATION OF CONTRACTORS: An Offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the Offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

20. PAYMENT:

A. To Prime Contractor:

1) Invoices for services delivered shall be submitted by the Contractor directly to Accounts

Payable in the Finance Office. The preferred method is by email to accountspayable@rbha.org. All invoices shall show the contract number and/or purchase order number, social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations) and a unique invoice identifying number.

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

3) The following shall be deemed the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

• Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Authority shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of

Virginia, § 2.2- 4351. The provisions of this section do not relieve RBHA of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1) Within seven (7) days of the contractor’s receipt of payment from RBHA, a contractor awarded a contract under this solicitation is hereby obligated (i) to pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (ii) notify RBHA and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

mailto:finance@rbha.org

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2) The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from RBHA, except for amounts withheld as stated in (1) above. The date of mailing of any payment by

U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of RBHA.

C. RBHA encourages contractors and subcontractors to accept electronic payment and, if applicable, credit card payment.

21. PRECEDENCE OF TERMS: The following General Terms and Conditions APPLICABLE LAWS

AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING,

IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS,

ANTITRUST, MANDATORY USE OF FORMS AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS and PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions or any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

22. QUALIFICATIONS OF OFFERORS: RBHA may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to RBHA all such information and data for this purpose as may be requested. RBHA reserves the right to inspect the contractor’s physical plant prior to award to satisfy questions regarding the Offeror’s capabilities. RBHA further reserves the right to reject any proposal if the evidence submitted by or investigations of such Offeror fails to satisfy RBHA that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

23. SEVERABILITY: If any provision of the Scope of Work, General Terms and Conditions or

Special Terms and Conditions be held invalid, such holding shall not affect the remaining provisions.

24. TERMINATION: RBHA may terminate this contract in one of two methods:

A. Termination with Cause.

1) The Authority may terminate this Contract with cause at any time for the Contractor’s failure to perform its obligations under this Contract or to otherwise adhere to the terms and conditions of this Contract by delivery of written notice to the Contractor of the Authority’s intent to so terminate. Such notice shall be delivered at least seven (7) calendar days prior to the date of termination and shall otherwise be given in accordance with the requirements of this Contract for the delivery of notices.

2) In case of failure to deliver goods or services in accordance with the contract terms and conditions, RBHA, after due oral or written notice, may procure them from other sources and hold the vendor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that RBHA may have.

3) If the Contractor cures the failure to perform or otherwise adhere to the terms and conditions of the Contract to the Authority’s satisfaction during this seven (7) calendar-day period as

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4) Upon such termination, the Authority shall be liable only to the extent of reimbursable costs submitted by the Contractor and approved by the Authority up to the time of termination and upon delivery to the Authority of all completed or partially completed work performed by the Contractor. The Authority shall have full right to use such work in any manner when and where it may designate without claim on the part of the Contractor for additional compensation.

B. Termination without Cause.

1) The Authority may terminate this Contract without cause by delivery or written notice to the

Contractor of the Authority’s intent to so terminate. Provide the delivery of such notice at least ninety (90) calendar days prior to the date of termination and, otherwise, given in accordance with the requirements of this Contract for the delivery of notices.

2) Upon such termination, the Authority shall be liable only to the extent of reimbursable costs submitted by the Contractor and approved by the Authority up to the time of termination plus such portion of the fixed fee to which the Contractor may be entitled under this Contract as a result and upon delivery to the Authority of completed or partially completed work. The

Authority shall have full right to use such work in any manner when and where it may designate without claim on the part of the Contractor for additional compensation. Upon such termination, the Contractor shall have no further obligation under this Contract.

25. TESTING AND INSPECTION: RBHA reserves the right to conduct any tests or inspections if may deem necessary and advisable to assure goods and services conform to the requirements and specifications.

VIII. SPECIAL TERMS AND CONDITIONS

The following Terms and Conditions are desirable. Offerors may propose alternative language; however, the basic contract form shall be retained. Offerors are requested to limit proposed changes, if any, to those of a substantive nature.

1. ACCEPTANCE PERIOD: Any response to this solicitation shall be valid for a period of 90 days.