24134 RFP Consultant for Retail Recruitment 4.2.24.pdf

Stafford County Procurement

1300 Courthouse Road

P.O. Box 339

Stafford, Virginia 22555-0339

Request for Proposal (RFP)

Cover Sheet

RFP NUMBER 24134

TITLE CONSULTANT FOR RETAIL RECRUITMENT

ISSUE DATE APRIL 2, 2024

CONTRACTS

OFFICER:

THERESA L. HARRIS, CPPB, CPPO, VCO, VCCO

EMAIL ADDRESS PROCUREMENT@STAFFORDCOUNTYVA.GOV

PHONE 540-658-5310

SOLICITATION

DUE DATE

Sealed Proposals Will Be Received April 25, 2024, 2:00 PM (local time), for providing consulting services to develop a plan for retail business attraction, as described herein. No late proposals will be accepted.

SERVICE(S)

LOCATION

Stafford County, Virginia

CONTRACT

TERM

Upon full execution through twelve months. Contract may be renewed for four (4) successive one-year periods.

PROPOSAL

SUBMISSION

Electronic Submission. Proposals are to be submitted electronically, in the file format requested, via Electronic

Virginia (eVA) website www.eVA.Virginia.gov. There is a 60MB size limit for each file. If you need assistance, please refer to the eVA site in advance of the submission deadline: https://eva.virginia.gov/get-help-customer-care-forms.html and/or call eVA Customer Care 1-866-289-7367.

INQUIRIES All inquiries for information should be directed to the Contracts Officer above. All questions regarding the RFP must be received in writing on or before April 12, 2024 no later than 11:00 AM. Emails are to be sent to the Procurement team, at procurement@staffordcountyva.gov. The subject line must include RFP# 24134 or your question(s) may not be received and answered in a timely manner.

TERMS &

CONDITIONS

This solicitation is subject to the provisions of the Stafford County Request for Proposals (RFP) and any attachments, exhibits, revisions or amendments thereto, which are hereby incorporated into this RFP in their entirety. If not attached, a copy of these terms and conditions is available for review at the Procurement Office. Special Terms and

Conditions and Specifications attached shall also be part of your proposal. The RFP Package is available at no charge on the Commonwealth of Virginia’s electronic procurement system, eVA. www.eva.virginia.gov. Please be observant of all RFP instructions and specifications.

By executing this RFP Cover Sheet, offeror acknowledges that they have read this RFP, understand it, and agree to be bound by its terms and conditions. The undersigned offeror hereby offers and agrees to furnish all goods and services required by this RFP and certifies that all information it has provided in response to this RFP is true, correct, and complete.

OFFEROR INFORMATION

Name of firm: __________________________________________________________________ Date: ______________________

Address of firm: ________________________________________________________________ ZIP: _______________________

By (signature): _______________________________________________________________________________________________

Name (print): __________________________________________ Title (print): _________________________________________

Phone: ___________________________ Fax: __________________________ Email address: ___________________________

In accordance with Virginia Code § 2.2-4343.1, as amended, Stafford County does not discriminate against faith-based organizations. The County does not discriminate against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law.

file://///srvcoat01.stafford/CountyAttorney/JGE/Procurement/RFP-%20Health%20Insurance/www.eVA.Virginia.gov https://eva.virginia.gov/get-help-customer-care-forms.html https://eva.virginia.gov/get-help-customer-care-forms.html mailto:procurement@staffordcountyva.gov

Table of Contents

Contents

I. PURPOSE

II. BACKGROUND

III. INFORMATION AND SITE CONDITIONS

IV. SCOPE OF SERVICES

V. MINIMUM QUALIFICATIONS

VI. OFFEROR’S INSTRUCTIONS

VII. BASIS FOR AWARD

VIII. GENERAL CONDITIONS

ATTACHMENT A – State Corporation Commission ATTACHMENT B – References

ATTACHMENT D – Proprietary Information and Trade Secrets ATTACHMENT E – Sample Contract

ATTACHMENT F – Price Proposal

NOTE TO PROSPECTIVE OFFERORS:

• By submitting a proposal, the offeror:

o Agrees to abide by all conditions of this Request for Proposal (RFP) and certifies that the offeror is authorized to sign this proposal;

o Certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Virginia Code § 18.2-498.1, et seq. Furthermore, the offeror understands that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds

Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and o Certifies that the accompanying proposal is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (Virginia Code § 2.2-3100, et seq.). Specifically, without limitation, no County employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and that the accompanying proposal is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in

Public Contracting (Virginia Code § 2.2-4367, et seq.), and any other applicable law as set forth therein.

• Please note the meaning of the following terms as used in this RFP:

The term “offeror” as referenced in this solicitation refers to the individual or firm preparing and submitting a proposal in response to this Request for Proposals. The term “Contractor” or “contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Stafford

County, Virginia, its officers, employees and agents (the “County”). In addition, it also refers to a firm who, when awarded the contract, will be responsible for the good and services required, as a result of this solicitation.

RFP 24134 Page 3 of 27

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified offerors to provide a multi-year plan for retail development and to provide retail development consulting services for the Stafford County Department of Economic Development.

II. BACKGROUND

A. Stafford County is rapidly becoming an urban community and currently ranks as one of the fastest growing counties in the State and the nation. The County encompasses 173,000 acres, of which 30,500 are utilized by the federal government for the Quantico Marine Corps Reservation. The estimated population of

Stafford County is 146,649.

B. Stafford County is home to over 4,000 businesses. Recently, the Stafford County Board of Supervisors included the attraction of restaurants in their 2040 Strategic Plan. They have also expressed interest in an increased retail and entertainment-related business presence in the County.

C. Stafford County is closed the following days*:

*Additional days as may be determined by the Board of Supervisors

III. INFORMATION AND SITE CONDITIONS

Intentionally Omitted.

IV. SCOPE OF SERVICES

A. General. The County seeks to contract with one qualified firm for retail consulting services to develop a recruitment plan for retail, restaurant, and entertainment-related industry, and to attract desired retail, restaurants and entertainment industry-related businesses to the community. The successful offeror will act as an independent contractor serving as an extension to the staff.

B. The County will work closely with the successful offeror to enhance business retention, identify County’s strengths and weakness and leverage those into a retailer’s decision to locate inside the County. Services include but may not be limited to:

1. Research.

a. Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies;

b. Perform market and retail gap analysis for trade area (i.e. leakage and surplus);

c. Conduct retail peer market analysis;

d. Competition analysis of identified target zones trade area(s);

e. Tapestry lifestyles – psychographic profile of trade area / market segmentation analysis;

f. Customized retail market guide including aerial map with existing national retailer brands and traffic counts;

New Year’s Day Martin Luther King Jr. Day

Presidents Day Memorial Day

Juneteenth Independence Day

Labor Day Columbus Day

Election Day Veterans Day

Thanksgiving (including the Wednesday prior) Christmas Day

RFP 24134 Page 4 of 27

g. Retail competitor mapping/analysis;

h. Analysis of future retail space requirements in relation to the retail market analysis, the market’s growth potential and trends in the retail industry;

i. Identification of at minimum 10 retail prospects to be targeted for recruitment over three-year engagement;

j. Updates provided on retail industry trends;

k. Custom on-demand demographic research – historical, current, and projected demographics to include market trade areas by radius/drive time, and custom trade area.

2. “Boots on the Ground” Analysis.

a. Identify/Evaluate/Catalog priority commercial properties for development, re-development and higher and best use opportunities;

b. Identification of priority business categories for recruitment and/or local expansion;

c. Perform competitive analysis of existing shopping centers and retail corridors;

d. Active outreach to local brokers and land owners.

3. Retail Recruitment

a. Proactive retail recruitment for targeted zones as determined by the department with input by the Contractor;

b. Will contact a minimum of 10 retailers, restaurants, brokers and/or developers per year;

c. Updates on new activity will be provided to County’s designated primary point of contact via Basecamp, telephone, or email on a monthly and/or as needed basis;

d. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the Contractor;

e. International Council of Shopping Centers (ICSC) conference representation- updates provided according to the yearly conference schedule.

C. Deliverables.

The successful Offeror will provide required reports including but not limited to market conditions, analyses, trends, recruitment efforts and, as needed, charts and related graphics. At a minimum, monthly reports include status reports of each of the three categories (above) as well as updates regarding progress.

Typical interaction will be with the staff or Economic Development. However, the successful Offeror may be asked to present to the Board of Supervisors.

V. MINIMUM QUALIFICATIONS

Offerors must demonstrate the following minimum qualifications for consideration and include evidence of the following in its proposal:

A. A satisfactory record of performance.

B. A satisfactory plan of operation addressing the offeror’s path to achieve the objectives of the County’s purpose; intended planning; quality performance; and clear and concise operating programs.

C. A satisfactory history of performing work of a similar nature, size and scope. Demonstrated results within the Commonwealth of Virginia, particularly local governments, is desired.

VI. OFFEROR’S INSTRUCTIONS

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A. SUBMISSION AND RECEIPT OF PROPOSALS. Unless otherwise specified in the solicitation, all proposals must include the cover sheet which has been signed by the individual authorized to bind the offeror.

Proposals will not be accepted via fax or email.

1. Electronic Submission. Proposals are to be submitted electronically, in the file format requested, via

Electronic Virginia (eVA) website www.eVA.Virginia.gov. If an Offeror invokes any proprietary and\or confidential information in accordance with paragraph 5c., Proprietary Information, a redacted version of the Offeror’s proposal shall be uploaded and identified as “Redacted” and include a completed Attachment D, along with the Offeror’s full proposal response. There is a 60MB size limit for each file. If you need assistance, please refer to the eVA site in advance of the submission deadline: https://eva.virginia.gov/get-help-customer-care-forms.html and/or call eVA Customer Care 1-

866-289-7367.

2. Proposal Package. Each offeror responding to this RFP must supply all the documentation required in the RFP. Failure to provide documentation with the Offeror’s response to the RFP may result in the disqualification of the Offeror’s proposal.

3. Accommodation. If you are an individual with a disability and require a reasonable accommodation, please notify the Procurement Office at (540) 658-5313, three working days prior to need.

B. OFFEROR QUALIFICATIONS. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals.

Any requirements listed herein are intended to describe qualifications, certifications and/or experience considered to be vital and should be used as guidelines for proposal submission. Firms or individuals not meeting specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifications, certifications and/or experience for consideration.

C. PROPOSAL FORMAT. In order to facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instructions outlined in this subsection and should structure the proposal so that it contains individual tabs/sections detailing proposed services.

1. Proposal Format. The Offeror must submit their proposal package in the following format: The proposal shall be separated into the following sections:

Required RFP Documents.

a. Introduction letter;

b. Signed RFP cover sheet;

c. Completed Attachment A-Virginia State Corporation Commission (SCC) Registration

Information form;

d. Completed Attachment B- References;

e. Completed Attachment C- Small and Minority Business Enterprises form;

f. Completed Attachment D- Trade Secret and Proprietary Information Form; and

g. Signed addenda acknowledgement, if applicable.

The County may issue an addendum to modify or add to the terms of the RFP, or to change the time or date for submission. Any such addendum will be issued by the County and available on the County’s Procurement page at https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp?status=Open&age ncyname=Stafford%20County

Each Offeror is responsible to verify for itself if any addendum has been issued prior to submission of its proposal; the County is not responsible to notify Offerors of the issuance of an addendum. The requirements or clarifications contained in any addenda issued must be included in the proposals received.

Note: Attachment E-Sample Contract for Services does not need to be returned with proposal responses.

2. Offeror’s responses should be prepared as simply as possible with straightforward, concise descriptions of their capabilities to satisfy the requirements of this RFP. Color displays or promotional materials are file://///srvcoat01.stafford/CountyAttorney/JGE/Procurement/RFP-%20Health%20Insurance/www.eVA.Virginia.gov https://eva.virginia.gov/get-help-customer-care-forms.html https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp?status=Open&agencyname=Stafford%20County https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp?status=Open&agencyname=Stafford%20County

RFP 24134 Page 6 of 27 not needed. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All information should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for the County.

3. The County encourages proposals that provide innovative alternatives to addressing the County’s existing needs as described in the solicitation. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

4. The County is under no obligation to consider or negotiate information or documentation that is submitted that is not in compliance with the requirements herein, the County may, in its sole discretion, consider and/or negotiate such submissions.

D. PROPOSAL PERIOD. Proposals will remain valid for a period of one-hundred and fifty (150) calendar days after the date specified for receipt of proposals.

VII. BASIS FOR AWARD

A. Competitive Negotiation. This RFP is being utilized for competitive negotiation. Under the competitive negotiation process, a contract may be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the County, taking into consideration price and the evaluation factors set forth in the RFP. The County reserves the right to make multiple awards as a result of this solicitation.

B. Selection Committee. A Selection Evaluation Committee (“Committee”) has been established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below.

C. Contact with Selection Committee. No offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Committee or any person involved in the evaluation of the proposals. Committee members will refer any and all calls related to this procurement to the Contracts Officer named on the front of the RFP. Failure to comply with this directive may, at the sole discretion of the County, result in the disqualification of an offeror from the procurement process.

D. Presentations and Negotiation. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the Director of Procurement, or designee, to make oral presentations to the

Committee. This Committee will then conduct a final evaluation of the proposals. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP. Negotiations shall then be conducted with each of the offerors so selected. After negotiations have been conducted with each offeror so selected, the County shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. Should the County 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. The Committee will make appropriate recommendations to the Procurement Office, prior to actual award of contract. Contract award is subject to the approval of the Stafford County Board of Supervisors.

E. Proposal Evaluation Criteria. The following criteria will be utilized in the evaluation of proposal to be considered in the award of this contract. Individual criteria have been assigned a weight to reflect relative importance.

(Chart Follows)

RFP 24134 Page 7 of 27

Criteria Weight

1. Experience and qualifications providing retail consultation services in the retail, restaurant and entertainment-related industry for local governments.

25%

2. Approach and flexibility in providing required Services, 20%

3. Ability to meet requirements: references, project team,

4. Methodology

5. Pricing (fee, costs, rates)

10%

6. Responsiveness and overall quality of proposal 5%

Total 100%

F. On-Site Visits. The County reserves the right to make on-site visitations to assess the capabilities of individual offerors and to contact references provided with the proposal. The Director of Procurement, or designees, may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

G. Review of Proposals.

1. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the Director of Procurement, or designee, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Consequently, offerors should provide complete, thorough proposals with the offerors most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors should submit such additional material in a timely manner.

2. The County may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

H. Award. Once negotiations have been conducted with the Offeror so selected, the County shall select the Offeror(s) which, in its opinion, has made the best proposal. When the County and

Offeror have reached mutually agreeable terms, the County will award the contract to that Offeror.

Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified for a category, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. The Committee will make appropriate recommendations to the Procurement Division, prior to actual award of contract.

Contract award is subject to contract negotiation and approval of the Stafford County Board of

Supervisors.

RFP 24134 Page 8 of 27

VIII. GENERAL CONDITIONS

A. Insurance Requirements. In addition to any other forms of insurance or bonds required in the RFP, the contractor shall provide and maintain the following insurance:

1. Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance in accordance with statutory requirements, and Employer's Liability insurance in limits of not less than $500,000 (each employee) or a maximum limit of $1,000,000, to protect the contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of

Virginia.

2. Automobile Liability: A minimum of $2,000,000 combined single limit for each occurrence for property damage liability and bodily injury liability including death in Automobile Liability coverage. The policy shall cover all persons involved, at any time, and arising out of the ownership, maintenance, or use of owned, non-owned, borrowed, leased, rented, or hired automobiles. In addition, all mobile equipment used by the contractor in connection with the contracted work, will be insured under a standard

Automobile Liability policy. The Garage Keeper’s Liability coverage shall also be maintained where appropriate.

3. Comprehensive General Liability: Comprehensive General Liability insurance at a minimum $1,000,000 per occurrence, written on an occurrence basis, including ongoing and completed operations; contractual liability; and $2,000,000 general aggregate. In addition, Comprehensive General Liability policy shall include a per project aggregate endorsement. Completed project aggregate endorsement shall continue in force for three years following completion of the contract.

4. Contractor providing Information Technology (IT) services shall also provide and maintain the following insurance:

Cyber Liability: In additional to Professional Liability, Errors and Omissions insurance coverage listed in subsection (1) immediately above, any contractor providing cloud-based IT services and solutions contracts must also provide coverage for Cyber Liability Coverage to assist in data loss or security breach in the amount of $3,000,000 per occurrence.

5. Additional insurance provisions that apply to all contracts include:

a. Additional Insured: The Stafford County Board of Supervisors, its officers, employees, agents, and volunteers shall be named as Additional Insured on the Automobile and Comprehensive General Liability coverage listed above, and it shall be stated on the insurance certificate that this coverage

“is primary and non-contributory to all other coverage the County may possess.”

b. Liability Insurance “Claims Made” basis: If the liability insurance purchased by the contractor has been issued on a “claims made” basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a “retroactive date” no later than the beginning of the contractor’s or sub contractor’s work under the contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of the contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

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6. Excess or Umbrella Liability Policy: Liability insurance may be arranged by Comprehensive General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying liability policies for lesser limits with the remaining limits provided by an Excess or

Umbrella Liability policy.

7. Contractor shall provide shall provide thirty days (30) notice of cancellation of any insurance policy.

Each of the policies shall include a waiver of subrogation against Stafford County, its officers, employees, agents and volunteers.

8. The insurance specified herein shall be with an insurance company acceptable to the parties hereto and licensed to do business in the Commonwealth of Virginia. All insurance must be obtained before any work is commenced and kept in effect until its completion. If any of the work is sublet, similar insurance shall be obtained by or on behalf of the subcontractor to cover their operation.

9. Current insurance certificates documenting compliance with these coverage requirements shall be provided to the Contracts Officer prior to the award of the contract.

B. Cooperative Procurement. This procurement is being conducted by the County in accordance with the provisions of Virginia Code § 2.2-4304, as amended. If agreed to by the Contractor, other public bodies may utilize this contract, except for (1) contracts for architectural and engineering services; or, (2) construction contracts. The Contractor shall deal directly with any public body it authorizes to use the contract. The County, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a Stafford County contract. The County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

C. Proprietary Information. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq., except as provided below:

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

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

3. The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

4. Trade secrets or proprietary information submitted by an offeror in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) if the offeror has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary. An offeror shall not designate as trade secrets or proprietary information (a) an

RFP 24134 Page 10 of 27 entire proposal; (b) any portion of a proposal that does not contain trade secrets or proprietary information; or (c) line item prices or total proposal prices.

D. Invoices. Invoices for goods and services ordered and delivered shall be submitted by the contractor to the remittance address shown on the purchase order. All invoices shall show the contract number, description of the goods and services, and contract price as applicable. The County’s obligation to pay amounts due under the contract shall be contingent upon receipt of invoices in sufficient detail to permit identification of the goods and services.

E. Changes.

1. The County may, at any time, by written order, require changes in the services to be performed by the contractor. If such changes cause an increase or decrease in the contractor’s cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. The County Director of Procurement, or designee, must approve all changed work within the contract scope.

2. No services for which an additional cost or fee will be charged by the contractor shall be furnished without the prior written authorization of the County Director of Procurement, or designee.

F. Delays and Suspensions.

1. The County may direct the contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the County. The

County will extend the contractor’s time of completion by a period of time that in the discretion of the

County Director of Procurement, or designee, is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the contractor.

2. If the County does not direct the contractor, in writing, to suspend, delay, or interrupt the contract, the contractor must give the County Director of Procurement, or designee, written notice if the County fails to provide data or services that are required for contract completion by the contractor. The County may extend the contractor's time of completion by a period of time that in the discretion of the County

Director of Procurement, or designee, is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the contractor.

3. The contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the County Director of Procurement, or designee, such work is not impacted by the County’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

G. Quality Expectation Statement. The County, through its quality initiative, is a recognized leader in providing quality goods and services at the most effective cost possible. Therefore, the County fully expects, requires, and shall hold the contractor and its agents, employees, representatives, and subcontractors, responsible for, and accountable to, the highest quality standards of professional workmanship, goods and services. In the spirit of the County’s total quality improvement initiative, the contractor shall be expected to perform or provide goods and services with a target of “zero defects – zero rework.”

RFP 24134 Page 11 of 27

H. Small, Women-Owned, And Minority-Owned Business Use. The County strongly encourages increasing opportunity for use of small or minority businesses in all aspects of procurement to the maximum extent feasible. Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to small, women, and minority businesses.

I. Delivery FOB Destination. Any goods provided pursuant to this RFP shall be delivered FOB Destination to the County using department, at the time and place specified in the contract documents. Unless otherwise specified in the solicitation each case, container, package, etc., delivered under the contract must be plainly marked, stating the contractor's name, purchase order number, and delivery address as indicated in the order. No deliveries will be accepted on Saturdays, Sundays and holidays, unless previous arrangements have been made.

J. Safety.

1. The contractor, its employees and subcontractors shall comply with all current applicable local, state and federal policies, regulations and standards relating to occupational health and safety, including, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health (VOSH) Compliance Program administered by the Virginia Department of Labor and Industry (DOLI).

The provisions of all rules and regulations governing safety as adopted by the Safety Codes

Commission of the Commonwealth of Virginia and issued by DOLI under Title 40.1 of the Code of Virginia shall apply to all work under the contract. The contractor shall provide, or cause to be provided, all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified and performed by the contractor.

2. The contractor shall provide a supervisor at each job site who is competent, qualified, and authorized on the worksite, and who is familiar with policies, regulations and standards applicable to the work being performed. The supervisor shall be capable of identifying existing and predictable hazards in the surroundings or working conditions which are hazardous or dangerous to employees or the public, and shall be capable of ensuring compliance with all applicable safety and health regulations, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the contractor’s employees from the work site.

3. Any activities of the contractor determined to be hazardous by the County, shall be immediately discontinued by the contractor upon receipt of either a written or verbal notice from the County to discontinue such activities.

4. If requested by the County Department Director, the contractor shall provide a written health and safety plan for the project or services prior to proceeding with work.

K. Taxes. The County is exempt from payment of Federal Excise Tax and State and Local Sales and Use Tax on all tangible personal property purchased or leased by the County for its use or consumption. Tax exemption certification will be furnished upon request. Contractors are not exempt from paying taxes on these materials and supplies, as they are considered to be a cost of doing business and should be considered in pricing when preparing a proposal.

L. Officials Not to Benefit. Each offeror shall certify, upon signing the proposal, that to the best of their knowledge no County official or employee having official procurement responsibility as provided in Article 6 of the Virginia Public Procurement Act, Virginia Code § 2.2-43-67 et seq., as amended, and the

Stafford County Procurement Policy, or member of their immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a

RFP 24134 Page 12 of 27 benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract, or could affect payment pursuant to the terms of the contract.

M. Authorization to Conduct Business in The Commonwealth. An offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its proposal the identification number issued to it by the State Corporation Commission. Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under

Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its proposal a statement describing why the offeror is not required to be so authorized. Any offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this paragraph is granted by the County

Administrator.

N. W-9 Form. In the event of a contract award, this information is required in order to issue purchase orders and payments to the offeror. A copy of this form can be downloaded from the IRS website:

https://www.irs.gov/pub/irs-pdf/fw9.pdf

O. Contract Execution. The contract entered into pursuant to this RFP, hereinafter referred to as the “contract,” is for the initial term and any renewal set forth on the front of the RFP. The offeror shall be required to execute the attached Standard Contract for Goods and Services (Attachment E), under the established pricing, and incorporating the terms and conditions of this RFP.

P. Contract Renewal. Upon a determination by the County to renew the contract for an additional term, written notification will be given to the contractor. Price increases may be negotiated only at the time of renewal. If the County elects to exercise the option to renew the contract for an additional renewal term, the contract price(s) for the renewal term shall not exceed the contract price(s) of the most recent contract term by more than the percentage increase of the Consumer Price Index for All Urban Consumers (CPI-U), Market Research Analysts and Marketing Specialists, or 3%, whichever is the lessor. The source for t his index may be found at the following link: Management, Scientific, and Technical Consulting Services -

May 2022 OEWS Industry-Specific Occupational Employment and Wage Estimates (bls.gov)

Q. Contract Extension. The County has the right to extend this contract for up to one hundred eighty (180) days following the final term on the Contract.

END OF REQUEST FOR PROPOSAL

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.bls.gov/oes/current/naics4_541600.htm https://www.bls.gov/oes/current/naics4_541600.htm

RFP 24134 Page 13 of 27

ATTACHMENT A – State Corporation Commission

Virginia State Corporation Commission (SCC) registration information.

The Offeror, __________________________________________________________________:

[ ] is a corporation or other business entity with the following SCC identification number:

___________________ -OR-

[ ] is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

[ ] is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-

[ ] is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the County reserves the right to determine in its sole discretion whether to allow such waiver): [ ]

Authorized Signature Date

Title

RFP 24134 Page 14 of 27

ATTACHMENT B – References

Offeror Name: ________________________________ RFP _______________

A minimum of three (3) references is required. Reference projects shall be for work of similar size, scope, and character, preferably with other public entities.

1. Project Name: ______________________________________________________________________________

Project Description: ____________________________________________________________________________

Business Name: ______________________________________________________________________________

Name of Contact: _____________________________________________________________________________

Phone: _____________________________ Email: ___________________________________________________

2. Project Name: ______________________________________________________________________________

3. Project Name: ______________________________________________________________________________

ATTACHMENT C – Small and Minority Business Enterprises

RFP No. _____________

SMALL AND MINORITY BUSINESS ENTERPRISES

The Procurement Policies and Regulations of Stafford County, Virginia and relevant Federal and State Laws, Orders and Regulations, require Stafford County to ensure that its procurement practices are non-discriminatory and promote equality of opportunity for Small Women-Owned, Minority-Owned, and Service Disabled Veteran-

Owned (SWaM) Business Enterprises.

Definitions:

Small Business: For the purposes of this document a small business concern is one which, regardless of ownership or control:

(a) does not exceed two-hundred and fifty (250) employees.; or

(b) gross annual income does not exceed ten (10) million.

(c) is independently owned and operated (not subsidiary of another firm).

SWaM Business: A business entity which is operated and controlled by a minority:

(a) The terms "operated and controlled" shall mean that the managerial and official staff of this entity shall be comprised of minority persons, sufficient in ratio and gross earnings to demonstrate that the business transactions are, in fact, controlled by minority persons; and that the primary power, direct or indirect, to influence the management of this entity shall rest with minority persons or a corporation, partnership, or sole proprietorship in which minority persons collectively own operate, control and share in earnings of fifty-one (51%) percent (51%) or more of such an enterprise.

(b) SWaM entities shall be defined as provided in Virginia Code § 2.2-4310, as amended. PLEASE

CHECK THE FOLLOWING INFORMATION RELEVANT TO YOUR FIRM:

SWaM Business Firm: [] Yes [] No

Small Business Firm: [] Yes [] No

The above information is requested for statistical purposes only. All Offeror responses will receive equal consideration for evaluation and award.

CONTACT FOR ADMINISTRATION:

NAME: ________________________________________________________________________________

ADDRESS (OFFICE): ____________________________________________________________________

TELEPHONE (OFFICE): _________________________________________________________________

EMAIL: _______________________________________________________________________________

RFP 24134 Page 16 of 27

ATTACHMENT D – Proprietary Information and Trade Secrets

TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION

Trade secrets or proprietary information submitted by any Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Offeror must invoke the protection of §2.2-4342(F) of the Code of Virginia, in writing, prior to or upon submission of the data or other materials, and must clearly and specifically identify the data or other materials to be protected, and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by the Offeror on the table below. If the Offeror fails to identify any protected information on the table below, the Offeror by return of this form, hereby releases the County and all of its employees from any and all claims, damages, demands or liabilities associated with the County’s release of such information, and agrees to indemnify it for all costs, expenses and attorney’s fees incurred by the County as a result of any claims made by Offeror regarding the release of such information. By submitting its proposal, Offeror understands and agrees that any language seeking protection from public disclosure, any specific documents or information, unless identified on the table below, are null and void and of no legal or binding effect on the County. The classification of line item prices, and/or total bid prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected.

SECTION / TITLE PAGE

NUMBER(S)

REASON FOR WITHHOLDING FROM

DISCLOSURE

COMPANY NAME: _________________________________________________________________

SIGNATURE: ______________________________________________________________________

IF NO PROTECTION IS NEEDED STATE “N/A” ON THE TABLE BELOW AND SIGN.

ATTACHMENT E – Sample Contract

STANDARD CONTRACT FOR RETAIL CONSULTANT SERVICES

Contract No. 24134

This Stafford County Standard Contract for Retail Consultant Services (“Standard Contract”) is entered into by and between the Board of Supervisors of Stafford County, Virginia, or its authorized agents, and the Contractor identified below for services identified herein, on the following terms and conditions. This

Standard Contract is prepared in accordance with Chapter 20 of the Stafford County Code.

1. Definitions.

As used in this Standard Contract, the term “County” shall mean the Board of Supervisors of Stafford

County, Virginia, its officers and employees. As used in this Standard Contract, the term “Contractor” shall mean:

Company Name as per SCC

Address 1

Address 2

2. Contract Documents.

The Contract Documents consist of this Standard Contract, together with exhibits and amendments issued or applicable thereto (collectively, “Contract Documents” or “Contract”). The following exhibit(s) shall be part of the Contract Documents:

a. Exhibit A: Request for Proposals, dated March 21, 2024

b. Exhibit B:

Where the terms of this Standard Contract vary from the terms and conditions of the other Contract

Documents, the terms and conditions of this Standard Contract shall take precedence over any other Contract

Document. The Contract is not valid unless executed by a duly-authorized agent of the Contractor and the County.

3. Provision of Services.

The Contractor hereby agrees to provide retail consulting services develop a plan for retail, restaurant, and entertainment-related industry, and to attract desired retail, restaurants and entertainment industry-related businesses to the community, (“Services”) described in Exhibit A in accordance with the terms and conditions of the Contract Documents. No aspect of the Goods and Services shall be deemed complete until it is accepted by the using County department (“Department”).

4. Contract Term.

The period of the Contract shall be for a period of one year with four (4) renewal options from the date of execution by the County.

5. Contract Pricing.

The County will pay the Contractor in accordance with the terms of the Payment paragraph below, based on the pricing set forth in Exhibit A, for Services provided by the Contractor, as described and required in the

Contract Documents, and accepted by the County. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the price(s) of the most recent contract term increased by Consumer Price Index for All Urban Consumers

(CPI-U), Market Research Analysts and Marketing Specialists, or 3%, whichever the lesser.

6. Payment.

RFP 24134 Page 18 of 27

Payment will be made by the County to the Contractor (1) after receipt by the Department of an invoice detailing the Goods and Services provided by the Contractor, and (2) after said Goods and Services have been accepted by the County. The Department will either approve the invoice or require corrections. The

County reserves the right to withhold any or all payments or portions thereof for Contractor's failure to…