REQUEST FOR PROPOSAL (RFP) COVER PAGE

ISSUE DATE:

August 18, 2026

REQUEST FOR PROPOSAL NUMBER:

2027017-HR-P

FOR:

Compensation Market Assessment

DEPARTMENT:

Human Resources

CONTRACT ADMINISTRATOR:

Angela Clem, Director of Human Resources

DATE/TIME OF CLOSING ON EVA:

September 11, 2026 at 3:00pm

DATE/TIME LAST DAY FOR

QUESTIONS:

September 2, 2026 on or before 12:00pm

(noon) local time

PRE-PROPOSAL MEETING:

N/A

PRE-PROPOSAL MEETING

MANDATORY:

Yes No N/A

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

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

The City does not discriminate against small, women-owned, minority-owned, military family-owned, service disabled veteran-owned businesses, employment services organizations or faith-based organizations.

VENDOR INFORMATION

Name of Vendor:_____________________________________ Telephone #:_________________________________________

Address: ___________________________________________ Federal Employer Identification #:__________________________

Contact Name: ______________________________________ Contact Email Address:__________________________________

By signing this proposal, Vendor(s) certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this RFP. Vendor further certifies that they and/or any member of their proposed team are not currently debarred or suspended by any agency or locality of the Commonwealth of Virginia and that no organization conflict exists between their company and any member of their proposed team.

VENDOR’S LEGALLY AUTHORIZED SIGNATURE

DATE

PRINT NAME TITLE

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

eVA Website Bid Room (Please List) ___________________________________

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

*Complete & return this document with proposal submission.

Table of Contents

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK

4.0 PRE-PROPOSAL MEETING

5.0 PROPOSAL REQUIREMENTS

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

7.0 INSURANCE REQUIREMENTS

8.0 INSTRUCTIONS TO OFFERORS

9.0 QUESTIONS

10.0 PROPOSAL EVALUATION CRITERIA

11.0 AWARD OF CONTRACT

12.0 CONTRACT TERM

13.0 PAYMENT TERMS

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

(REV. 10-08-24)

ATTACHMENT B. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT C. STATE CORPORATION COMMISSION (SCC) FORM

ATTACHMENT D. NON-COLLUSION AFFIDAVIT

ATTACHMENT E. CITY OF HARRISONBURG SAMPLE STANDARD CONTRACT

ATTACHMENT F. REFERENCES LIST

ATTACHMENT G. INSURANCE REQUIREMENTS FORM

ATTACHMENT H. NOTICE OF EXCEPTIONS TO CONDITIONS

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 1 of 23

1.0 INTRODUCTION

The purpose of this Request for Proposal (RFP) by the City of Harrisonburg, Virginia (City) is to solicit sealed proposals from interested firms (Offerors) to conduct a three-year compensation market assessment to evaluate salary schedule structure advancement and any modifications of job classifications within the respective structure as described herein. The chosen firm will conduct an updated market study assessing 16 peer organizations as outlined by the City and will recommend any applicable structural and/or classification grade changes on an annual basis (for a three-year contract). The chosen firm will also make recommendations pertaining to the implementation of the study consistent with the City’s annual budget preparation cycle, with specific due dates to be discussed.

2.0 BACKGROUND

The City of Harrisonburg is an independent city located in the central Shenandoah Valley region of Virginia. It is the county seat of Rockingham County and encompasses 17.3 square miles, serving a population of approximately 56,000. Harrisonburg is located along Interstate 81 and is only two hours away from both

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

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

The City of Harrisonburg has over 730 full-time employees and approximately 320 part-time and seasonal employees. Employees are classified in approximately 270 unique specifications in the following major areas:

Administrative Services, Management Services, Planning, Engineering & Technology, Human & Leisure

Services, Public Safety, Trades & Operations (General), Trades & Operations (Environmental & Plant

Operations), Trades & Operations (Global). This number of specifications includes only the first level in a career ladder progression.

The City has two salary schedules – a general salary schedule that covers the majority of employees (based upon

2080 hours/year), and a public safety salary schedule that covers certain police, emergency communications, and fire suppression employees (based upon 2080 hours/year and 2756 hours/per year). The regular schedule is comprised of 18 grades, with a minimum, midpoint, and maximum (open range). The public safety schedule is comprised of 11 grades, with a minimum, midpoint, and maximum (open range). The City currently adjusts employee compensation through a general/merit increase and a cost of labor adjustment, altering the salary schedule accordingly. However, there continues to be a need to maintain the City’s compensation philosophy, as follows:

The City of Harrisonburg is the regional leader in western Virginia and other communities turn to Harrisonburg as a center for best practices. Innovation in service development and delivery is fundamental to meeting the expectations of City residents. To provide the best-in-class services, the City chooses to:

• Recruit, retain, and reward talented, effective, high-performing employees;

• Recognize employees’ value and contributions to the community;

• Ensure fair, equitable, and consistent administration in all work groups across the City.

The City targets market-competitive and internally equitable base pay by conducting the following practices:

• The City matches the market by aligning the pay program with the market average midpoint;

• The City conducts periodic market compensation studies, benchmarking information from comparable jurisdictions in the region, aspirational jurisdictions in the Commonwealth with similar positions and programs, private sector databases for equivalent positions, and other applicable employers in the region, and the City adjusts pay plans to reflect the target to the market average midpoint;

• The City evaluates the cost of labor in the region on an annual basis and updates pay plans as necessary. The cost of labor represents the cost to hire and retain the local workforce and reflects the external labor market’s pay practices for total compensation based on all jobs combined for each geographic location (Economic Research Institute);

• When financially feasible, the City provides general increases on an annual basis to move employees through their respective pay ranges. A general increase constitutes a percentage amount that is added to base pay and does not move the pay plan;

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 2 of 23

• The City attracts employees based on demonstrated experience and expertise in the position being advertised, transferred, or promoted into;

• The City promotes pay equity by offering consistent pay ranges for roles within the same level, and utilizes a point-factor job evaluation system, coupled with market data, to provide pay range assignments.

The City’s total rewards focus is related to base pay and applicable incentives, comprehensive and affordable healthcare, adequate leave provisions, learning and development opportunities, and policies to promote equity and organizational advancement; all in support of the City’s values and meaningful employee engagement.

All compensation policy decisions shall take into consideration the City’s overall financial condition and market position, which will be evaluated on an annual basis.

A classification and compensation study for the City of Harrisonburg was last conducted in Calendar Year

2022-2023 and implemented in Fiscal Year 2024.

3.0 SCOPE OF WORK

Offerors are expected to conduct a three-year compensation market assessment to evaluate salary schedule structure advancement and any modifications of job classifications within the respective structure. The minimum expectations of the Offeror’s scope of work for this project include:

• Gain an understanding of the City’s existing classification and compensation structure. Review all background materials including, but not limited to, organizational charts, classification specifications, classification listing, etc.

• Conduct an annual benchmark market assessment and analysis of approximately 90+/- classifications.

This constitutes approximately 1/3 of City-designated classifications per year (for three years) with City-selected peer organizations (municipalities, institutions of higher education, and applicable private/public sector data – Comp Analyst, Economic Research Institute, Bureau of Labor Statistics), as follows:

o Charlottesville, VA o James Madison University (JMU) o Rockingham County, VA o Roanoke (City), VA o Lynchburg, VA o Albemarle County, VA o Winchester, VA o Staunton, VA o Commonwealth of Virginia o Fredericksburg, VA o Town of Leesburg, VA o Hanover County, VA o Western VA Water Authority (Public Utility positions only) o Virginia Beach, VA o Chesterfield County, VA o Town of Blacksburg, VA

Offeror will review the selected classifications and confirm selection and/or make recommendations pertaining to the timing of the City’s selection (e.g., specific classifications within year one, year two, year three, etc. based on Offeror expertise).

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 3 of 23

An exception to the 1/3 position review will be to review the public safety salary schedule on a biennial basis (every other year) due to market volatility of those positions, unless otherwise recommended.

• Prepare and deliver a detailed report and analysis of the survey results for all positions compared to the market and how this analysis informs the firm’s recommendation.

• Integrate the market analysis into the City’s pay plan.

o Develop compensation recommendations that are externally competitive and internally equitable.

o Provide a report with recommendations for addressing pay compression issues.

• Prepare an analysis of the financial impact for implementation.

• Present the recommendations in a written report and present the findings in a report and presentation form to the City project manager(s) and project team.

4.0 PRE-PROPOSAL MEETING

No pre-proposal meeting will be held for this solicitation.

5.0 PROPOSAL REQUIREMENTS

The proposal shall provide information necessary for City of Harrisonburg to evaluate the qualifications, experience, and expertise of the proposing firm to provide the services detailed in the Scope of Work.

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

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

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

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

Offeror(s) may deem appropriate:

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

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

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

SECTION 2 CONTRACT MANAGEMENT PLAN & EXPERIENCE AND

QUALIFICATIONS

• Please provide the experience and education of those who will be executing the study. Please provide information pertaining to the individual(s) responsible for executing the contract.

• Attachment F. References List

• Proposed Timeline & Implementation Date per Section 12.0

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 4 of 23

• Proposed Schedule of Deliverables with Milestones for Payment per Section

13.0

SECTION 3 REQUIRED FORMS

• Attachment B. Proprietary/Confidential Information Identification Form

• Attachment C. State Corporation Commission (SCC) Form

• Attachment D. Non-Collusion Affidavit

• Attachment G. Insurance Requirements Form

• Attachment H. Notice of Exceptions

SECTION 4 ADDENDA, signed (if any)

SECTION 5 COST

• Please provide an itemized listing of the scope of work listed in Section 3.0 of this document and associated costs.

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

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

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

7.0 INSURANCE REQUIREMENTS

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

8.0 INSTRUCTIONS TO OFFERORS

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

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

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

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 5 of 23 https://eva.virginia.gov/ https://eva.virginia.gov/register-now.html

9.0 QUESTIONS

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

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

10.0 PROPOSAL EVALUATION CRITERIA

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

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

CRITERIA POINT VALUE

1.

Methodology: Specific plans or methodology to be used to perform the services. The ability, capacity, and skill of the firm to perform the work described herein in a manner consistent with the scope of services.

2.

Qualifications and Experience: Qualifications and experience of service provider staff to be assigned to perform the services. The ability, experience, and continuity of the proposed staff, consultants, and sub-consultants to be assigned to the project including the capability of the required staff, consultants, and sub-consultants to perform the services needed within the timeframe designated. The firm must provide assurance that the continuity of the consulting team will be maintained and not changed without prior approval of the City. Offerors are required to provide current resumes for the individuals that they propose for this project. The resumes must specifically describe their training, certification levels, and experience.

3.

Strength of overall proposal: Overall proposal submitted specifically addresses the City’s request including the basic approach and understanding of the City’s objectives.

4.

Price: The ability to provide a cost-efficient service. Cost will not be the sole deciding factor in the selection process, but will be considered in the case of this RFP.

TOTAL POINTS POSSIBLE: 100

The Offerors’ ability to follow the proposal preparation instructions set forth in this solicitation, including the failure to return required pages, missing signatures, missing documents, etc. will also be considered an indicator of the Offerors’ ability to follow instructions during the project and may impact the points assigned above.

Significant failure to respond to the proposal according to instructions may result in the City eliminating the proposal from evaluation.

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 6 of 23 mailto:Questions@harrisonburgva.gov

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

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

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

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

11.0 AWARD OF CONTRACT

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

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

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

Request for Proposal, awards may be made to more than one Offeror. Should the public body determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

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

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

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

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

The City reserves the right to award a contract(s) to as many Offeror(s) as deemed necessary to fulfill the anticipated requirements of the City of Harrisonburg.

12.0 CONTRACT TERM

The initial compensation study is anticipated to begin within sixty (60) days of the award of contract. The initial project is expected to be completed within six (6) months of the project start date, in accordance with the implementation timeline proposed by the Contractor and approved by the City.

Following completion of the initial compensation study, the City may, at its discretion, utilize the Contractor for additional services that are reasonably related to the original scope of work, including, but not limited to, updates to the compensation study, market or salary surveys, analysis of compensation data, classification and compensation plan updates, implementation assistance, follow-up analysis, or other related compensation consulting services.

The City may request such related services for a period of up to five (5) years from the Notice of Award date.

Any additional services shall be subject to the City's needs, availability of funding, and written authorization by

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 7 of 23 the City prior to commencement of the work. The City is under no obligation to purchase additional services or to utilize the Contractor for any future work.

Additional services shall be performed in accordance with the terms, conditions, and pricing established under this Contract, unless otherwise mutually agreed to in writing by the City and Contractor and authorized in accordance with applicable procurement requirements.

13.0 PAYMENT TERMS

Offerors shall submit a schedule of deliverables. Final payment terms and deliverables to be negotiated with successful Offeror. City will issue payments based on milestones achieved. Payment terms shall be net thirty

(30) days.

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 8 of 23

ATTACHMENT A. GENERAL TERMS & CONDITIONS FOR THE CITY OF

HARRISONBURG, VA (REV. 10-08-24)

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

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

Virginia Code sections take precedence.

DEFINITIONS

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

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

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

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

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

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

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

CITY or OWNER: City of Harrisonburg, Virginia.

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

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

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

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

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

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

Manager.

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

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

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

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

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

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

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

CONDITIONS OF BIDDING

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

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 9 of 23

BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for ninety (90) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties.

If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

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

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

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

City.

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

DISCRIMINATION PROHIBITED: Virginia Code § 2.2-4310 In the solicitation or awarding of a contract the City shall not discriminate against a bidder/offeror because of race; religion; color; sex; national origin; age; disability; status as a small, women-owned, minority-owned, or service disabled veteran-owned; employment services organization; or any other basis prohibited by state law relating to discrimination in employment. The City encourages the participation of these entities in public procurement activities.

Towards that end, the City encourages contractors to provide for the participation of these entities through partnerships, joint ventures, subcontracts, and other contractual opportunities.

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

ETHICS IN PUBLIC CONTRACTING: Virginia Code § 2.2-4371 By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

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

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

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

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

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

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

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: Virginia Code § 2.2-4330

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 10 of 23

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

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

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

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

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

5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

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

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

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

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

PUBLIC INSPECTION OF CERTAIN RECORDS: Virginia Code § 2.2-4342 Public inspection of all records is strictly governed by Virginia Code § 2.2-4342 and in accordance with the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

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

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

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

UNIFORM STATE BUILDING CODE: Virginia Code § 2.2-4303 If the purchase is for construction, compliance with the Uniform

State Building Code will be required.

SPECIFICATIONS

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

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

USE OF BRAND NAMES: Virginia Code § 2.2-4315 Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 11 of 23 http://www.harrisonburgva.gov/bids-proposals bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an “equal” product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation. The

City reserves the right to determine the suitability of substituted items for those specified and to accept in whole or in part any and all bids/proposals received.

BONDING REQUIREMENTS: If a bid security is required, it shall be provided in the amount of 5% of the total bid value unless otherwise specified. Bid security must be in the form of a cashier’s check, certified check or bid bond issued by a surety. The City reserves the right to retain the bid security of all bidders until the successful bidder enters into the Contract or until 90 days after bid opening, whichever is sooner. If performance and payment bonds are required, the contractor shall provide each in the amount of 100% of the total contract sum. If the contract sum changes at any point during the contract term, the contractor shall ensure the value of the performance and payment bonds is at least 100% of the remaining contract sum. For bids submitted on the eVA website that require a bid security, the bid security shall be delivered to the Purchasing Office prior to the date and time for bid closing.

DELIVERY

DEFECTS OR IMPROPRIETIES: In instances where there is a defect or impropriety in an invoice or in the goods or services received, the City shall notify the supplier of the defect or impropriety, if the defect or impropriety would prevent payment by the payment date. The notice shall be sent within (30) thirty days after receipt of the invoice or the goods or services.

TESTING AND INSPECTION: Virginia Code § 2.2-4302.1 The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. Materials or components that have been rejected by the City, in accordance with the terms of the contract, shall be replaced by the Contractor at no cost to the City.

TRANSPORTATION AND PACKAGING: All materials shipped to the City must be shipped Free On Board (FOB) Destination unless otherwise stated in the contract. By submitting their bids/proposals, all bidders/offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used.

All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

AWARD

CONTRACT AWARD

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

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

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

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

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

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

PRECEDENCE of TERMS: General Terms and Conditions shall apply in all instances except for federally funded contracts. In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and

Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

City of Harrisonburg, VA - Compensation Market Assessment RFP (2027017-HR-P) Page 12 of 23

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

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

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

CONTRACT PROVISIONS

ANTI-DISCRIMINATION: Virginia Code § 2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment

Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act.

In every contract over $10,000 the provisions below apply:

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

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

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

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

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

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

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

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

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

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

1. The parties by…