TOWN OF CHRISTIANSBURG

PURCHASING OFFICE

100 EAST MAIN ST. CHRISTIANSBURG, VA 24073

PH: 540-585-7605

FAX: 540-382-3762

REQUEST FOR PROPOSAL (RFP)

RFP Number: 26500030

Compensation Study

June 26, 2026

The Town of Christiansburg does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against any bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

TABLE OF CONTENTS

Section # Description

I Instructions to Offerors

II Forms

III Purpose & General Information

IV Statement of Need / Scope of Services

V Proposal Preparation and Submission Requirements

VI Evaluation and Award of Contract

VII Reservation of Rights

VIII Contract Administration

IX Payment Procedures

ATTACHMENT A Terms and Conditions

ATTACHMENT B Sample Contract

BACKGROUND AND HISTORY OF THE TOWN OF CHRISTIANSBURG

Originally a concentration of taverns and rest stops along the Great Wilderness Road (now U.S.

Route 11), the Town of Christiansburg was established in 1792 and incorporated in 1833. Since then, Christiansburg has grown to 14 square miles of the New River Valley in the Blue Ridge Mountains in the Commonwealth of Virginia. The Town is now home to approximately 22,000 residents and serves as the county seat of Montgomery County.

Additional information about the Town of Christiansburg can be found on the Town’s website at www.christiansburg.org.

http://www.christiansburg.org/

SECTION I INSTRUCTIONS TO OFFERORS

A. The Town of Christiansburg (Town) is soliciting unsealed proposals for the goods and/or services specified herein and in accordance with all sections of this Request for Proposal

(RFP).

B. All Proposals shall be submitted to the Town’s Procurement Officer by 3:00 PM EST on Friday, July 24, 2026.

C. Each Offeror is responsible for confirming that his or her unsealed proposal was received by the Town prior to the time and date stated above. Proposals received after the deadline will not be accepted.

Electronic submissions are preferred for this RFP, but hardcopy submissions will be accepted as well. Electronic submissions should be in a single cohesive PDF file.

Submittals shall be prepared simply and economically, providing a straightforward, concise description of the firm’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective proposal are neither required nor desired. Please do not duplicate information furnished in the RFP in the submittal. All text in the PDF file shall be searchable using Adobe Acrobat software except within illustrations and scanned registration documents.

To submit a hardcopy proposal through courier service/mail, proposals should be addressed to Tara Vance, Procurement Officer, Christiansburg Town Hall, 100 East Main Street, Christiansburg, VA 24073. Mailed or hand delivered proposals should be submitted in an envelope clearly marked “RFP 26500030 Compensation Study”.

Offeror’s name should also be clearly marked on the outside of the envelope.

To submit an electronic proposal through eVA, refer to the online bidding instructions available at the following link https://www.youtube.com/watch?v=KSxcAkOekW0. In order to submit an online bid through eVA the Bidder should be a registered vendor in eVA. The Town is not responsible for establishing vendors in eVA. Bidders are advised that the process of becoming an established vendor in eVA may take several days. If the Bidder encounters any issues submitting an online bid through eVA, the Bidder should contact eVA Customer Care for assistance. Note that eVA will not accept files larger than 60 MB.

D. Questions will be received by Tara Vance, Procurement Officer, until Tuesday, July 7, 2026 at 5:00 PM, EST. Questions will be answered in the form of an Addendum to be posted no later than Friday, July 10, 2026, at 5:00 PM, EST. Questions received less than seven (7) days prior to the date for opening of proposals may not be answered.

https://www.youtube.com/watch?v=KSxcAkOekW0

E. Each offeror will complete, sign if requested, and submit the following documents as his or her proposal:

1. Corporate Registration Form (SECTION II, Item 1)

2. General Information Form (SECTION II, Item 2)

3. References (As described in SECTION V, Item B)

4. All other items as described in Sections IV and V

5. Submit signed acknowledgement of any addenda or amendments that may be issued by the Town.

F. Any revisions or corrections to the Request for Proposal will be in the form of an Addendum, which will be posted to the Bids and RFPs section of the Town’s website at www.christiansburg.org/bids.

G. Address all inquiries and correspondence regarding this RFP to:

Tara Vance Procurement Officer

Email: tvance@christiansburg.org Phone: 540-585-7605 Fax: 540-382-3762 http://www.christiansburg.org/bids.

SECTION II FORMS

1. CORPORATE REGISTRATION FORM

Pursuant to Virginia Code § 2.2-4311.2 each Operator organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, (1950), as amended, or as otherwise required by law, is required to include in its bid or proposal its Virginia State Corporation Commission (SCC) Identification Number.

Any Bidder or Operator that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the Bidder or Operator is not required to be so authorized.

Bidders or Operators should complete the following:

1. Operator is a Virginia business entity organized and authorized to transact business in

Virginia and such bidder’s SCC Identification Number is __________________________.

2. Operator is an out-of-state (foreign) business entity authorized to transact business in

Virginia and such bidder’s SCC Identification Number is ___________________________.

3. Operator does not have an Identification Number issued to it by the SCC and such bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

Please attach additional sheets of paper if you need more space to explain why such Operator is not required to be authorized to transact business in Virginia.

2. GENERAL INFORMATION FORM

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

FULL LEGAL NAME (PRINT)

(Company name as it appears with your Federal Taxpayer Number)

FEDERAL TAXPAYER

NUMBER (ID#)

BUSINESS NAME/DBA NAME/TA NAME

(If different than the Full Legal Name)

FEDERAL TAXPAYER NUMBER

(If different than ID# above)

PURCHASE ORDER ADDRESS

PAYMENT ADDRESS

CONTACT NAME/TITLE (PRINT)

SIGNATURE (IN INK) DATE

E-MAIL ADDRESS

TELEPHONE NUMBER TOLL FREE TELEPHONE

NUMBER

SECTION III PURPOSE & GENERAL INFORMATION

This Request for Proposal (RFP) seeks to solicit proposals to establish a contract through competitive negotiations for a comprehensive compensation study for the Town of Christiansburg, Virginia (hereafter referred to as the “Town”). The Town invites qualified firms to provide proposals to conduct a comprehensive compensation and classification study to evaluate the Town’s current classification and pay structures as compared to similar municipalities and in the private sector where applicable. It is expected that the study will indicate what actions should be taken to avoid loss of qualified staff and difficulties in recruiting new employees for town employment, while competitively compensating its current employees. It is also expected that the study will recommend adjustments to the Town’s pay plan and salary structure to rectify any compression/equity issues.

The Town’s classification and compensation system was last reviewed and updated in 2018.

The project includes a review of the Town’s current system, a market study and analysis of comparable public and private sector positions, recommendations for changes and improvements to the compensation system and policies governing it, and a cost analysis with recommendations for implementing changes to the system. The Town’s current compensation structure contains assigned pay grades with a minimum, midpoint, and maximum. The Town’s classification system has been maintained and kept up so date since the last review.

However, classifications should be reviewed, as necessary, to ensure the compensation study is successful and results in a competitive pay structure. The Town has utilized pay-for-performance in past years with plans to continue pay-for-performance following the study.

The Town has 265 full-time employees and over 200 part-time employees. As of June 15, 2026, the Town had a total of 131 full-time jobs and 37 part-time jobs. The current pay plan consists of 29 pay grades, with each full-time pay grade including a minimum, market and maximum pay rate. A current copy of the pay plan is included in this RFP. Pay rates offered upon hire are dependent on qualifications and experience for many positions. The standard work period for law enforcement is 28 days.

The Town’s objectives include updating its current compensation system to attract and retain qualified employees; ensure positions performing similar work with essentially the same level of complexity, responsibility, and required education, knowledge, skills, and abilities are classified together; provide salaries commensurate with assigned duties; maintain a competitive position with other comparable government entities and private employers; and review the current pay philosophy and practices for competitiveness and analyze the lowest minimum salary within the system to determine if it continues to produce a living wage.

The Town will select the Contractor who they determine most closely satisfies the needs of the Town. There is no requirement for acceptance of the lowest cost of service offered, and specific requirements may be waived or amended at the discretion of the Town.

SECTION IV STATEMENT OF NEED / SCOPE OF SERVICES

The Contractor shall provide services including, but not necessarily limited to, the following:

A. Review the Town’s current compensation plan and understand current challenges with recruiting and retaining employees.

B. Review specific classification groupings, conduct a job analysis (if needed), review position placement within the compensation system, and recommend appropriate changes for groups that are identified as having possible misalignment.

C. Identify and recommend comparable labor markets, including both public and private sector employers, for a compensation survey. The recommendations should be provided prior to implementation of the study for approval by Town administration.

D. Develop and conduct a comprehensive compensation survey for Town positions.

E. Review the current compensation structure and recommend appropriate changes to salary ranges for each position based on the classification plan, compensation survey results, and internal relationships and equity.

F. Review and update the Town’s current pay structure using the results of the survey and best practices.

G. Develop new or recommend changes to current policy to assist Town staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the positions, how difficult the position is to fill, and market competitiveness.

H. Recommend implementation strategies including calculating the cost of implementing changes to the plan with current employees, if necessary, and the future impact of the recommended changes.

I. Identify any unique current individual or group compensation inequities and provide a recommended corrective action plan and process to remedy these situations.

J. Create updated job clarifications and structure documents, as appropriate.

K. Recommend and provide implementation strategies related to other key compensation practices, based on market demands, including pay for performance, skill pay, special assignment pay, certification pay, etc.

L. Provide system documentation and computer formats/software to administer the plan.

M. Provide recommendations for ongoing internal administration and maintenance of the proposed compensation plan.

N. Review the current methods for new classifications and guidelines for adding them to the compensation system appropriately to ensure continued relevancy.

O. Conduct a compression analysis and include recommendations for addressing concerns and the cost for doing so, with the understanding that the Town utilizes pay for performance and pay is individualized.

P. Provide comprehensive training to identified members of Town staff to ensure the new system can be explained and administered appropriately in the future.

Q. Provide the Human Resources Director with regular updates regarding the project status.

R. Conduct and lead meetings with Town administration and/or Town Council as required at specific milestones (to be determined based on project plan) and at the end of the project.

S. Create letters and other necessary communication templates for sharing survey results with employees.

T. Provide and adhere to a project timeline agreed to by the Town.

Optional Services – Town would like pricing on the following services if they were not included in the compensation study:

1. Provide staffing analysis by reviewing current staffing levels, reviewing current overtime policy, practices, assignments, and utilization, and recommending approaches to overtime drivers such as service demand, workload, call volume, response times, and coverage requirements.

2. Identify staffing gaps, redundancies, or inefficiencies and opportunities for improved efficiency through policy, staffing, or scheduling changes.

3. Assess span of control, supervisory ratios, and organizational structure.

4. Optional services that may not be identified with the scope of work but support the objectives of the project.

SECTION V PROPOSAL PREPARATION AND SUBMISSION

REQUIREMENTS

A. GENERAL REQUIREMENTS

a. In order to be considered for selection, offerors shall submit a complete response to this RFP. One (1) original proposal shall be submitted as noted in Section I.

b. The offerors shall not distribute their proposals to any other persons or organizations.

c. Proposals and forms shall be signed by authorized representatives of offerors. All information requested should be submitted. The Procurement Officer will review all proposals to ensure required information is included. Failure to submit all information requested may result in a request to submit the missing information.

Proposals which are substantially incomplete, or lack key information, may be rejected as incomplete. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

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

e. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

f. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirements as it appears in the RFP if a response covers more than one page.

P roposals should contain a table of contents which cross references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposals and designated as additional material.

Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

g. Electronic proposals are preferred, should be in PDF format, and should not be larger than 60 MB. Hardcopy proposals will also be accepted and should be bound or contained in a single volume. All documentation submitted with the proposal should be contained in a single volume.

h. Ownership of all data, materials and documentation originated and prepared for the Town pursuant to the RFP shall belong exclusively to the Town and be subject to public inspection in accordance with the Virginia Freedom of Information Act.

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

B. SPECIFIC REQUIREMENTS

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

1. The return of the Corporate Registration Form, the General Information Form, and addenda, if any, signed and completed as required.

2. Please provide five (5) references, similar to the Town, for whom you have provided the type of services described herein. Include the date(s) services were furnished, the client name, address and the name, phone number and email address of the individual the Town has your permission to contact.

3. Respond to each item in Section IV, STATEMENT OF NEED / SCOPE OF SERVICES, and your ability to meet the requirements.

SECTION VI EVALUATION AND AWARD OF CONTRACT

A. AWARD OF CONTRACT

Selection shall be made to the proposal deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so, stated in the Request for Proposal.

Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the Town shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Town may cancel the Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. Should the Town 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 award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated. See Attachment B for sample contract form.

B. TERM OF CONTRACT

Services shall commence upon conveyance of a fully executed agreement. The term of this agreement shall be from the date of the agreement through completion of all tasks as determined by the Town required of this project. The Town reserves the right to purchase additional related services on an as-needed basis for three years from the date of signed contract execution, not to exceed $50,000 per year. For each additional service proposed by the Town, the Contractor shall provide a written description of the services to be provided. Fees and schedules for additional projects shall be subject to negotiation; if mutually acceptable terms are not achieved, the Town reserves the right to obtain necessary services from other sources.

C. EVALUATION CRITERIA

Proposals shall be evaluated by the Town using the following criteria:

1. Please provide a description of how your organization can assist the Town with items

A-T listed in Section IV, in our Statement of Need. Provide a detailed description of the Offeror’s approach to providing Services to the Town, including a sample of a survey and report previously completed that meets most or all of the requirements of Section IV. Maximum score is 30%.

2. Offeror must provide a description of its qualifications and experience, including business locations, size, areas of specialization and expertise, client base and any other pertinent information that would aid an evaluator in formulating a determination about the stability and strength of the entity. Including the organization’s experience and history with consulting related to the requirements within this RFP. Maximum score is 25%.

3. Cost of Services, including a sample of a survey and report previously completed that meets most or all of the requirements of Section IV. Maximum score 20%.

4. Please provide five (5) references, similar to the Town, for whom you have provided the type of services described herein. Include the date(s) services were furnished, the client name, address and the name, phone number and email address of the individual the Town has your permission to contact. Maximum score 15%.

5. The proposal should contain all information requested by this RFP, and be submitted per Section V, the “Proposal Preparation and Submission Requirements” section of this RFP. Maximum score 10%.

Evaluation Criteria Rating Ability to meet and exceed the requirements in Section IV (Statement of Need/Scope of Services), and the quality of the proposed product

30%

Qualifications and experience 25% Cost of Services and sample of survey and report 20% References 15% Responsiveness and completeness of the proposal 10% Total 100%

SECTION VII RESERVATION OF RIGHTS

The Town reserves the right to award in part or in whole, to one or more Offerors, or to reject any or all proposals, whichever is deemed to be in its best interest.

SECTION VIII CONTRACT ADMINISTRATION

Alicia Dials, Human Resources Director, or her designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

The Contract Administrator, or her designee, shall determine the amount, quantity, acceptability, fitness of all aspect of the services and shall decide all other questions in connection with the services. The Contract Administrator, or her designee, shall not have the authority to approve changes in the services which alter the concept, or which call for an extension of time for this contract. Any modifications made must be authorized by the Town’s Procurement Officer through a written amendment to the contract.

SECTION IX PAYMENT PROCEDURES

The Town will authorize payment to the Contractor after receipt of Contractor’s correct invoice and the completion of all Services. Payment terms are Net 45 days. Invoices shall be sent to:

Town of Christiansburg Accounts Payable

100 East Main Street Christiansburg, VA 24073 acctspayable@christiansburg.org mailto:acctspayable@christiansburg.org

ATTACHMENT A

TOWN OF CHRISTIANSBURG

GENERAL TERMS AND CONDITIONS

A. Withdrawal of Bids/Proposals: Unless otherwise specified, all bids/proposals submitted shall be valid for a minimum period of 60 calendar days following the date established for receiving bids/proposals. At the end of the 60 calendar days the bid/proposal may be withdrawn at the written request of the contractor. If the bid/proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is cancelled.

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

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

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 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 the requirements of this section.

The contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

C. Antitrust: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Town of Christiansburg 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 Town of Christiansburg under said contract.

D. Applicable Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of Montgomery County, Virginia, or the United States District Court for the Western District of Virginia (Roanoke Division). The contractor shall comply with federal, state, local laws, and regulations.

E. Assignment of Contract: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Town of Christiansburg.

F. Availability of Funds: It is understood and agreed between the parties herein that the Town of Christiansburg shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of the contract.

G. Bid/Proposal Pricing: The Bid/Proposal price shall be an all-inclusive price to deliver the specified goods and/or services FOB Destination to the specified address per the specifications. Invoices must be itemized and will be paid at the unit price in the proposal. The Town will not accept or pay for additional line items such as freight, shipping and handling, delivery, downtime, equipment, lost time due to inclement weather or any other charges additional to the unit prices quoted in the Bid/Proposal.

H. Changes to the Contract: Changes can be made to the contract only in any of the following ways:

1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Town of Christiansburg may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Town of Christiansburg a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Town of Christiansburg’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Town of Christiansburg with all vouchers and records of expenses incurred and savings realized. The Town of Christiansburg shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Town of Christiansburg within thirty (30) days from the date of receipt of the written order from the Town of Christiansburg. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Town of Christiansburg or with the performance of the contract generally.

I. Claims: Contractual claims, whether for money or other relief, shall be submitted in writing to the Town Manager, Town of Christiansburg Office of the Town Manager, 100 East Main Street, Christiansburg, VA 24073, no later than sixty (60) days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based.

Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment (Virginia Code § 2.2-4363). A contractor may not institute legal action prior to receipt of the Town's decision on the claim unless the Town fails to render such decision within thirty (30) days. Failure of the Town to render a decision within thirty (30) days shall not result in the contractor being award the relief claimed or in any other relief or penalty. The sole remedy for the Town’s failure to render a decision within thirty (30) days shall be the contractor’s right to institute immediate legal action. The decision of the Town Manager shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision of the claim, institutes legal action as provided in Virginia Code § 2.2- 4364.

J. Clarification of Terms: If any prospective contractor has questions about the specifications or other solicitation documents, the prospective contractor should contact the Town official or purchasing agent whose name appears on the face of the solicitation no later than three (3) working days before the due date.

The contractor may be asked to submit such questions in writing. Any revisions to the solicitation will be made only by addendum issued by the Town or purchasing agent.

K. Debarment Status: By submitting their bids/proposals, contractors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids/proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

L. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Town of Christiansburg, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of Christiansburg may have. In addition, the Town of Christiansburg reserves the right to cancel any orders placed that are not delivered by the date specified in the Invitation for Proposal.

M. Drug-Free Workplace: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

N. Ethics in Public Contracting: By submitting their bids/proposals, contractors 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 contractor, 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 value, present or promised, unless consideration of substantially equal or greater value was exchanged.

O. Facsimile and Email Proposals: Unsealed proposals may be submitted by facsimile or email. Sealed proposals must be submitted in a sealed envelope or through a secure online portal, as directed by the Town of Christiansburg. Unsealed, facsimile, or emailed proposals will not be accepted for sealed bidding. It is the contractor's responsibility to ensure its proposal is properly submitted and received by the Town of Christiansburg prior to the time and date designated for submission.

P. Immigration Reform and Control Act of 1986: By submitting their bids/proposals, contractors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

Q. Indemnification: Contractor agrees to indemnify, defend, and hold harmless the Town of Christiansburg its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by any kind or nature of services furnished by the contractor or contractor’s use of any materials, goods, or equipment of any kind or nature, provided that such liability is not attributable to the sole negligence of the Town of Christiansburg.

R. Late Proposals: To be considered for selection, bids/proposals must be received by the Town of Christiansburg in the office of the Town official or purchasing agent whose name appears on the face of the solicitation, 100 East Main Street, Christiansburg, VA 24073, by the designated date and hour.

Bids/Proposals received after the date and hour designated are automatically disqualified and will not be considered. The Town of Christiansburg is not responsible for delays in the delivery of mail by the U.S.

Postal Service, private couriers, or other means of delivery. It is the sole responsibility of the contractor to ensure that its bid/proposal reaches the Town of Christiansburg's Purchasing Office by the designated time and hour.

S. Mandatory use of Town Form and Terms and Conditions: Failure to submit a bid/proposal on the official Town of Christiansburg form provided for that purpose shall be a cause for rejection of the bid/proposal.

Modification of or additions to any portion of the Invitation for Bid/Request for Proposal may be cause for rejection of the bid/proposal; however, the Town of Christiansburg reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid/proposal as nonresponsive. As a precondition to its acceptance, the Town of Christiansburg may, in its sole discretion, request that the contractor withdraw or modify nonresponsive portions of a bid/proposal which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

T. Negotiation with the Lowest Bidder: Unless all bids are cancelled or rejected, the Town of Christiansburg reserves the right granted by Virginia Code § 2.2-4318 to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the Town whenever such low bid exceeds the Town’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bid. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Town shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the Town wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the Town and the lowest responsive, responsible bidder.

U. Nondiscrimination of Contractors: A bidder, proposer, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

V. Payment To Prime Contractor:

1. Invoices for items ordered, delivered, and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the Town of Christiansburg or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however.

3. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

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

W. Payment To Subcontractors: Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to the Town.

1. In accordance with Virginia Code §§ 2.2-4354(1), the contractor shall be liable for the entire amount owed to any subcontractor with which it contracts. The contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract.

However, in the event that the contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor receiving payment for amounts owed to that contractor. Any provision in a contract contrary to this section shall be unenforceable.

2. In accordance with Virginia Code §§ 2.2-4354(2), The contractor shall take one of the following courses of action within seven (7) calendar days after receipt of amounts paid to contractor by the Town for Work performed by any Subcontractor under this Contract:

a. Pay the subcontractor for the proportionate share of the total payment received from the Town attributable to the work performed by the subcontractor under that contract; or

b. Notify the Town and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

3. In accordance with Virginia Code §§ 2.2-4354(3), individual contractors shall provide their social security numbers and proprietorships, partnerships, and corporations shall provide their federal employer identification numbers to the Town, or in the case of a subcontractor, to the contractor.

4. In accordance with Virginia Code §§ 2.2-4354(4), contractor shall pay interest to the subcontractor on all amounts owed by the contractor that remain unpaid after seven days following receipt by the contractor of payment from the Town for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subdivision 2.

5. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.

6. Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

7. Contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the Town. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

X. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Town of Christiansburg shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Virginia Code § 2.2-4363).

Y. Precedence of Terms: The following General Terms and Conditions ANTI-DISCRIMINATION, ANTITRUST, APPLICABLE LAWS AND COURTS, CLARIFICATION OF TERMS, DEBARMENT

STATUS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF

1986, MANDATORY USE OF TOWN FORM AND TERMS AND CONDITIONS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

Z. Public Notice of Award: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Town of Christiansburg will publicly post such notice on the Town of Christiansburg website (www.christiansburg.org) if the amount of the transaction is $30,000 or more. Award information may also be obtained by contacting the buyer whose name appears on this solicitation.

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

BB. Supremacy Clause: Notwithstanding any provision in the contractor's response to the contrary, the contractor agrees that the terms and conditions contained in the Town of Christiansburg’s Invitation for Bids or Request for Proposals prevail over contrary terms and conditions contained in the contractor's response.

CC. Taxes: Sales to the Town of Christiansburg are normally exempt from State sales tax. State sales and use tax certificates of exemption will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

DD. Transportation and Packaging: By submitting their bids/proposals, all contractors 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.

EE. Testing and Inspection: The Town of Christiansburg reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

FF. Use of Brand Names: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict contractors 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 equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.