3-2000004238.pdf

IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED

ELECTRONICALLY VIA THE BONFIRE PORTAL

https://fairfaxcounty.bonfirehub.com

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating proposals. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at support.bonfire@eunasolutions.com.

Submitting proposals via the Bonfire portal is mandatory. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) in response to this RFP. Reference section titled “ELECTRONIC SUBMISSION OF PROPOSAL” in the Special Provisions, for additional information.

Fairfax County strongly encourages offerors to submit proposals well in advance of the proposal submission deadline. A proposal submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed. Offerors are responsible for the consequences of any failure to plan ahead in the submission of its Proposal.

The County uses eVA - Virginia's online, electronic procurement system, to publicly announce notice of all contract awards in excess of $200,000. In order to announce county contract awards, registration with eVA is necessary. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

https://fairfaxcounty.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com http://www.eva.virginia.gov)/

RFP 2000004238

SPECIAL PROVISIONS

1. SCOPE OF SERVICES:

1.1. The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract or contracts through competitive negotiation for the provision of Chartered Bus Services for Day Trips for the County of Fairfax, Virginia.

2. CONTACT FOR CONTRACTUAL MATTERS:

2.1. All communications and requests for information and clarifications shall be directed to the following procurement official:

Nicole Cifci, NIGP-CPP, CPPB, VCA, Contract Specialist III Department of Procurement and Material Management Telephone: 703-324-2854 Email: nicole.cifci@fairfaxcounty.gov

2.2. No attempt shall be made by any offeror to contact members of the Selection Advisory Committee (SAC) about this procurement (see paragraph 15.3).

3. CONTRACT PERIOD AND RENEWAL:

3.1. This contract will be from January 1, 2026 through December 31, 2030.

3.2. The obligation of the County to pay compensation due the contractor under the contract or any other payment obligations under any contract awarded pursuant to this Request for Proposal is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations.

The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide the contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice shall not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

4. BACKGROUND:

4.1. The Fairfax County Park Authority (FCPA), sponsors day trips to points of interest in and around the Washington D.C. area and throughout the states of Virginia, West Virginia, Maryland, Pennsylvania, New Jersey, New York and Delaware, as well as other locations that may be added in the future all year round. FCPA selects trips up to six (6) months in advance and prefers to confer with the Contractor monthly to plan new trips, confirm arrangements for trips scheduled to operate in the next thirty (30) days and verify billing for the past month. FCPA lists the day trips in its quarterly magazine entitled Parktakes.

4.2. The contract documents can be viewed on the Department of Procurement and Material Management’s (DPMM) Contract Register at www.fairfaxcounty.gov/contracts by entering

4400009763 or 4400009764 in the contract number field.

4.3. County agencies can obtain quotes from any of the contracted vendors and determine which vendor provides the required services based on the bus sizes, price and/or availability.

5. STATEMENT OF NEEDS:

Qualified Offerors are encouraged to submit a proposal for Chartered Bus Services as described below:

5.1. The Offeror shall list services that are similar in scope and scale to those listed below:

DAY TOURS:

a. Local Day Trips – to destinations in the Washington DC Metropolitan area.

b. Regional Day Trips – to destinations in Virginia and Maryland.

c. Long Distance Day Trips – including but not limited to destinations in Delaware, New Jersey and

New York mailto:nicole.cifci@fairfaxcounty.gov http://www.fairfaxcounty.gov/contracts

5.2. The Offeror shall provide detailed information about the number, ages and sizes of the motor coaches in the fleet, garage, bus yard, or facility location and the types of services being offered (local, regional or long distance). Motor coaches must be at least six (6) years old or newer.

5.3. The Contractor shall be duly licensed with all required State and Local business licenses as well as the required Federal, State and Local Motor Carrier registrations.

5.4. The Offeror shall describe the repair and rescue coverage in detail.

5.5. The Offeror shall indicate how they will meet ADA regulations.

5.6. The Offeror shall describe in detail what administrative support will be provided. Administrative support should include but not limited to price quotes, providing busses from own inventory and other carriers, etc.

5.7. The Offeror shall describe their cancelled trip policy.

5.8. The Offeror shall describe their refund policy in cases where refunds to tour registrants are made, or other costs incurred, as a result of a motor coach service issue.

5.9. Describe the Offeror’s emergency plan in the event of an extreme emergency and what steps would be taken to ensure the safety of the passengers

6. CONTRACTOR REQUIREMENTS:

6.1. Motor Coaches: washed exterior with clean windows, the interior swept or vacuumed, trash removed, and spills wiped clean. The air conditioning and heating system must be in good working order. The lavatory must be serviced prior to trip departure and supplied with paper products and hand sanitizer.

All seats must be in good working order and upholstery is to be clean and in good condition. Coaches must be equipped with a working intercom that is accessible to the trip escort. The motor coach must meet or exceed federal and industry standards for mechanical operations and safety. Proof of such may be required at the County’s discretion. Contractor must be able to provide coaches for two or more trips on a given day. You may contact the Virginia Department of Transportation to see if there is a weight requirement for the buses. We do not require Intrastate Authority, but if there is a requirement at the County, State and Federal level then the successful Contractor(s) must comply.

Smaller sized coaches may be used for local trips (i.e.: Baltimore). The majority of our trips use a thirty six (36) passenger bus if that size bus is not available for any given trip and a larger coach is used then the County shall be charged at the price of the thirty six (36) passenger coach.

6.2. Drivers: Drivers must be legally licensed and have the ability to safely maneuver the motor coach on busy interstates and narrow streets of historic villages. Drivers must also have advance knowledge of the safest and most direct routes and any other requirements, (i.e. tolls, parking fees and possible required permits) necessary to safely and expeditiously provide the required service. Drivers must be equipped with a properly working cellular phone in case of emergency only. Use of cellular phones by the driver for any reason other than those deemed emergencies will be prohibited while the bus is in motion. Drivers will be neatly dressed and groomed, understand the importance of customer service, and be courteous and polite to customers. Drivers must be able to comprehend and clearly speak fluent English. For any FCPA trip, only one driver shall be provided. Any additional drivers, trainees or other personnel shall not be added to the trip without prior consultation with FCPA due to registration implications.

6.3. Administrative Support: Contractor must be able to provide written price quotes upon request with supporting documentation for all trips. The County shall provide the Contractor notification of any cancellations seven calendar days prior to the date of a trip with no penalties imposed upon the County for cancellations meeting this requirement. If a trip is cancelled within seven calendar days of the trip date then a flat fee penalty of $200 will be charged by the Contractor to the County. For any trips cancelled within two calendar days of the trip date, the Contractor will charge the appropriate County department the full price of the trip. Contractor must be willing to negotiate fees for trips below stated minimum registration numbers. Should the vendor fail to provide a bus on the day of a scheduled trip and that trip has to be cancelled then the vendor shall pay the County in full for any incurred costs associated with that trip.

6.4. The successful Contractor(s) must have the ability to supply a bus for any scheduled trips. Should the successful Contractor (s) be unable to supply a bus from their own fleet then they shall contact other carriers to provide a suitable alternative bus (equivalent year, make and model or better) at no additional cost to Fairfax County. For any unscheduled trips the successful Contractor must have the ability to supply a bus with notice of at least three (3) calendar days prior to the date of the trip. If the successful Contractor(s) is unable to supply a bus from their own fleet then Fairfax County reserves the right to contact other carriers to secure transportation for any given trip. The successful Contractor(s) shall supply ADA compliant vehicles upon request.

6.5. Customer Satisfaction: FCPA has the authority to make refund decisions or to make other accommodations for tour registrants in order to maintain customer satisfaction. In cases where refunds to tour registrants are made, or other costs incurred, as a result of a motor coach service issue, the FCPA may negotiate with the Contractor for an appropriate reduction in the service charge.

6.6. Contractor agrees to comply with the above Customer Satisfaction statement for the services provided. This means that if a customer is not satisfied with their experience, a refund of up to the full amount paid by the customer may be made at FCPA’s discretion. Such a decision would result in the refund amount being deducted from the successful Contractor(s) invoice or confirmed by County staff prior to invoicing for that particular trip.

6.7. For quality monitoring purposes, FCPA reserves the right to place anonymous evaluators on a trip or tour at no charge to FCPA or the participant. The identity of these evaluators will not be revealed until after the completion of the trip or tour.

6.8. Emergency Capability: In the event of extreme emergency, the Contractor is responsible to provide continuous supervision of participants until FCPA decides it is safe to disperse. Such a situation would include but not be limited to providing food, lodging and other assistance as needed in consultation with FCPA staff.

7. TECHNICAL PROPOSAL INSTRUCTIONS:

The offeror must submit their response to the Technical Proposal in Bonfire containing the following information. This information will be considered the minimum content of the proposal. Proposal contents shall be arranged in the same order and identified with headings as presented herein. In addition, the offeror will submit in Bonfire an executed County’s Cover Sheet (DPMM32), all the Attachment A documents, and all issued Addenda (as applicable).

7.1. Section 1 – Introduction:

a. Name of firm submitting proposal; main office address; when organized; if a corporation, when and where incorporated; appropriate Federal, State, and County registration numbers.

7.2. Section 2 – Statement of Qualifications:

a. Organizational and Staff Experience: Offerors must describe their qualifications and experience to perform the work described in this Request for Proposal. Information about experience should include direct experience with the specific subject matter.

b. References: Special notation must be made of similar or related programs performed and must include organization names, addresses, names of contact persons, and telephone numbers for such reference.

c. Successful prior experience. Offerors shall provide any prior experience with public agencies.

Also provide letters of recommendations, and/or evaluations to prove customer satisfaction with the services provided.

d. Personnel: Full-time and part-time staff, proposed consultants and subcontractors who may be assigned direct work on this project should be identified. Special mention shall be made of direct technical supervisors and key technical personnel.

e. Financial Statements: The offeror shall provide an income statement and balance sheet from the most recent reporting period.

7.3. Section 3 – Understanding the Statement of Needs:

The offeror must present a description of the phases or segments into which the proposed program can logically be divided and performed, together with flow charts. The technical narrative should address separately each of the “Statement of Needs” described in the Request for Proposal and responses should be keyed to appropriate paragraph numbers providing the following information below:

This section should also contain a discussion of any changes proposed by the offeror that substantially differs from the project scope described in these Special Provisions.

a. Statement and discussion of the requirements as they are analyzed by the offeror.

b. Offeror's proposed definitive Scope of Work with explanation of technical approaches and a detailed outline of the proposed program for executing the requirements of the Statement of Needs and achieving project objectives.

c. Preliminary layouts, sketches, diagrams, other graphic representations, calculations, and other data as may be necessary for presentation, substantiation, justification or understanding of the Statement of Needs.

d. Offeror should demonstrate an awareness of difficulties in the completion of this undertaking, and a plan for surmounting them. Special attention should be given to methodological issues that will be encountered in such a project.

e. Offeror may also comment if deemed appropriate, on any aspect of the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Statement of Needs” section, and may propose alternative approaches.

8. COST PROPOSAL INSTRUCTIONS:

8.1. The offeror must submit their response to the Cost Proposal in Bonfire fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fee.

8.2. Offerors shall identify, in their business proposal, their fees for similar services that they offer to the general public. Due to support that will be offered by FCPA to the Contractor(s) in terms of advertising and registration, it is anticipated that the fees for services to FCPA will be less than those fees offered directly to the general public.

8.3. The following information should be submitted as part of the cost proposal:

a. Bus size, Hourly Rates, Minimum Trip Charge, Minimum Hours per Trip, etc.

b. Breakdown of hourly rates, and trip charges. The minimum number of hours per trip is five (5) hours. The minimum trip charge is the hourly rate multiplied by the minimum number of hours per trip.

c. Sample quotes for the following trips:

i. Local Transportation:

Departure/Return Locations

• South County Government Center, 8350 Richmond Highway, Alexandria, VA

• Fair Oaks Mall, Routes 66 and 50, Fairfax, VA

• Mason Government Center, 6507 Columbia Pike, Annandale, VA

Skyline Caverns & Front Royal History Tour Bus pick-up/return schedule: South County Government Center - depart 7 a.m., return 4:30 p.m.; Mason Government Center -depart 7:30 a.m. return 4:00 p.m.; Fair Oaks Mall - depart 8:00 a.m., return 3:30 p.m.

Guided Tube Ride down the Potomac, Harpers Ferry, VA Bus pick-up/return schedule: South County Government Center- depart 12:00 p.m., return 9:00 p.m., Mason Government Center - depart 12:30 p.m., return 8:30 p.m., Fair Oaks Mall- depart 1:00 p.m., return 8:00 p.m.

Hillwood Museum and Gardens, 4155 Linnean Avenue NW, DC – Saturday Bus pickup/return schedule: Fair Oaks Mall - depart 7:00 a.m., return 5:30pm; Mason Government Center - depart 7:30 a.m., return 4:45 p.m., South County Government Center - depart 8:00 a.m., return 4:00 p.m.

ii. Regional Transportation:

Fallingwater /Kentuck Knob, Mill Run, PA – Sunday Bus pick-up/return schedule: Fair Oaks Mall - depart 6:00 a.m., return 11:30 p.m., Mason Government Center - depart 6:30 a.m., return 11:00 p.m., South County Government Center

- depart 7:00 a.m., return 10:30 p.m.

Tangier Island Cruise, 468 Buzzard Point Road, Reedville, VA - Sunday Bus pick-up/return schedule: Fair Oaks Mall - depart 6:00 a.m., return 8:00 p.m., Mason Government Center- depart 6:30 a.m., return 7:30 p.m., South County Government Center -depart 7:00 a.m., return 7:00 p.m.

Virginia Winery Tour: Central Virginia Wineries - Saturday Trip includes stops at Prince Michel Winery (154 Winery Avenue, Leon, VA), Burnley Vineyards (4500 Winery Lane, Barboursville, VA), Barboursville Vineyards (17655 Winery Road, Barboursville, VA) and Horton Cellars (6399 Spotswood Trail, Gordonsville, VA).

Bus pick-up/return schedule: South County Government Center - depart 7:30 a.m., return 6:45 p.m., Mason Government Center- depart 8:00 a.m., return 6:15 p.m., Fair Oaks Mall-depart 8:30 a.m., return 5:45 p.m.

iii. Long Distance Transportation:

New York! New York! – Saturday The bus stops at Macy's on Central Manhattan's 34th Street.

Bus departs at 6:00 a.m. from and returns at midnight to Falls Church High School.

Philadelphia Flower Show, Philadelphia, PA - Sunday Bus departure/return schedule: Fair Oaks Mall - depart 5:30 a.m., return 9:15 p.m., Mason Government Center- depart 6:00 a.m., return 8:45 p.m., South County Government Center -depart 6:30 a.m., return 8:15 p.m.

9. PRICING:

9.1. The subsequent contract will be a firm-fixed price agreement. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of the contract during the first 365 days.

9.2. Changes in cost for any subsequent contract years may be based on the Consumer Price Index (CPI-U), or other relevant indices. The Contractor shall give not less than 60 days advance notice of any price increase to the purchasing office. The Contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. Should a price increase be granted the prices will remain firm for 365 days.

9.3. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics, Consumer Price Index (CPI-U), change in manufacturer's price, etc.).

9.4. Should an emergency price increase request be received within the initial 365 days of the contract (i.e.: fuel surcharges to cover sharply rising fuel costs) then based upon mutual agreement the request will be reviewed and submitted for approval. Any emergency price increases shall include a term limit (i.e.: thirty days, sixty days or ninety days). The increased contract price shall not apply to any existing quotes already received by the County prior to the effective date of the approved increased contract price.

9.5. Due to County publication deadlines, any price increases will be effective the next production cycle of the Partakes Magazine.

9.6. Price decreases shall be made in accordance with paragraph 40 of the General Conditions & Instructions to Offerors. (Appendix A)

10. TRADE SECRETS/PROPRIETARY INFORMATION:

10.1. Trade secrets or proprietary information submitted by an offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act;

however, offerors must invoke the protections of this section prior to or upon submission of the data or other materials.

10.2. The offeror must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award(s) should be stated by the offeror.

10.3. Offeror shall complete the Request for Protection of Trade Secrets or Proprietary Information (Attachment A) to identify and protect trade secrets or proprietary information from disclosure under the Virginia Freedom of Information Act.

10.4. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

11. REQUIRED SUBMITTALS:

11.1. Each Offeror responding to this Request for Proposal must supply all the documentation required in the RFP. Failure to provide documentation with the Offeror's response to the RFP will result in the disqualification of the Offeror's proposal.

12. ELECTRONIC SUBMISSION OF PROPOSAL:

12.1. Proposal submissions and registration are free of charge. Offerors can register for a free account at:

https://fairfaxcounty.bonfirehub.com, which will be required when preparing a submission.

Documents may be uploaded at any time during the open period. The official time used for receipt of proposals/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at support.bonfire@eunasolutions.com.

(Note: it takes an average of 16 minutes to an hour for a response). Therefore, offerors shall take the necessary steps to submit their proposals in advance.

12.2. If, at the time of the scheduled proposal closing Fairfax County Government is closed due to inclement weather or another unforeseeable event, the proposal closing will still proceed electronically through the Bonfire system.

12.3. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled.

Browser cookies must be enabled.

12.4. It is the Offeror's responsibility to clearly identify and to describe the services being offered in response to the Request for Proposal. Offerors are cautioned that organization of their response, as well as thoroughness is critical to the County's evaluation process. The RFP forms must be completed legibly and in their entirety; and all required supplemental information must be furnished and presented in an organized, comprehensive and easy to follow manner.

12.5. Unnecessarily elaborate brochures of other presentations beyond what is considered sufficient to present a complete and effective proposal is not desired.

mailto:support.bonfire@eunasolutions.com

12.6. By executing the cover sheet (DPMM32), Offeror acknowledges that they have read this Request for Proposal, understand it, and agree to be bound by its terms and conditions.

13. ADDENDA:

13.1. Offerors are reminded that changes to the RFP, in the form of addenda, are often issued between the issue date and within five (5) days before the due date. All addenda shall be signed and submitted before the due date/time or must accompany the proposal.

13.2. Notice of addenda will be posted on eVA and Bonfire. It is the Offeror’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com.

13.3. The last day to submit questions to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date”. All questions pertaining to this RFP shall be submitted in Bonfire or via email to nicole.cifci@fairfaxcounty.gov.

14. PROPOSAL ACCEPTANCE PERIOD:

14.1. Any proposal submitted in response to this solicitation shall be valid for one hundred eighty (180) days. At the end of the days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

15. BASIS FOR AWARD:

15.1. This Request for Proposal 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 Request for Proposal. The County reserves the right to make multiple awards as a result of this solicitation.

15.2. A Selection Advisory Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. 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. Based upon this review, the cost proposals of the highest rated offeror(s) will then be reviewed.

15.3. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Selection Advisory Committee or any person involved in the evaluation of the proposals. Selection Advisory Committee members will refer any and all calls related to this procurement to the procurement official named in 2.1 above. 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.

15.4. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the County Purchasing Agent to make oral presentations to the Selection Advisory 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 Request for Proposal, including price if so stated in the Request for Proposal. 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.

15.5. 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 County Executive and Board of Supervisors, if appropriate, prior to actual award of contract.

15.6. Proposal Evaluation Criteria

The following factors will be considered in the award of this contract:

mailto:nicole.cifci@fairfaxcounty.gov

a. Qualifications of firm with appropriately qualified and experienced personnel (ref. Special Provisions, Section 7.2.) (points 30)

b. Detail response to the Special Provisions, section 5, STATEMENT OF NEED (ref. Special Provisions, Section 7.3.) (points 60)

c. Reasonableness of cost proposal (points 10)

15.7. Fairfax County reserves the right to make on-site visitations to assess the capabilities of individual offerors and to contact references provided with the proposal.

15.8. The County Purchasing Agent may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

15.9. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the County Purchasing Agent, 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.

15.10. Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined to meet the specifications of this Request for Proposal will be classified as "acceptable". Proposals found not to be acceptable will be classified as "unacceptable" and no further discussion concerning same will be conducted.

15.11. The County may cancel this Request for Proposal 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.

16. INSURANCE:

16.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

16.2. The Contractor must during the continuance of all work under the contract provide the following:

a. Statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $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.

b. Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the Contractor, its subcontractors, and the interest of the County, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

c. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

16.3. Liability Insurance "Claims Made" basis:

1) 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.

2) 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 this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this 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.

16.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

16.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services. Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by the County.

16.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.

16.7. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best's Key Rating of at least A: VII.

16.8. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best's rating of A: VII or better.

16.9. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”

16.10. The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.

16.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

16.12. The Contractor will provide on demand certified copies of all insurance policies related to the contract within ten business days of demand by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative.

16.13. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.

16.14. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract.

16.15. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor is as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by the Contractor as it is for acts and omissions of person directly employed by Contractor.

16.16. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

16.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local occupational safety and health requirements, including, but not limited to, the Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this contract.

17. METHOD OF ORDERING:

17.1. The County may use two (2) different methods of placing orders from the final contract: Purchase Orders (PO’s) and approved County procurement cards.

17.2. A Purchase Order (PO) may be issued to the contractor on behalf of the County agency ordering the items/services covered under this contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

17.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax County Public Schools “Procurement” Card. The Procurement Card is currently a Master Card.

Contractors are encouraged to accept this method of receiving orders.

17.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

17.5. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed. Purchase requisitions shall not be used for placing orders.

18. REPORTS AND INVOICING

18.1. The Contractor must maintain all records in compliance with federal and state regulations.

18.2. The Contractor must invoice each County department using the final contract separately. Invoices for all users of the contract must meet County requirements, unless otherwise indicated. The Contractor must send each department an itemized monthly invoice (or as agreed to between the parties), which must include the information listed below:

a. Contractor’s name

b. Contract Number

c. Purchase Order Number

d. The name of the County department

e. Date of services

f. The type of services; and,

g. The itemized cost for each item/service.

18.3. County departments must receive monthly invoices by the 10th of each month following the month the Contractor provided the service.

19. CHANGES:

19.1. Fairfax 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 Contractors 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 Purchasing Agent must approve all work that is beyond the scope of this Request for Proposal.

19.2. 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 Fairfax County Purchasing Agent.

20. DELAYS AND SUSPENSIONS:

20.1. 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 Purchasing Agent 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.

20.2. If the County does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the County Purchasing Agent written notice if Fairfax 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 Purchasing Agent 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.

20.3. The Contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the Purchasing Agent 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.

21. ACCESS TO AND INSPECTION OF WORK:

21.1. The Fairfax County Purchasing Agent and using agencies will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

22. DATA SOURCES:

22.1. The County will provide the Contractor all available data possessed by the County that relates to this contract. However, the Contractor is responsible for all costs for acquiring other data or processing, analyzing or evaluating County data.

23. SAFEGUARDS OF INFORMATION:

23.1. Unless approved in writing by the County Purchasing Agent, the Contractor may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the Contractor under the final contract.

24. ORDER OF PRECEDENCE:

24.1. In the event of conflict, the Acceptance Agreement (provided at contract award) and the Special Provisions of this contract shall take precedence over the General Conditions and Instructions to Bidders, (Appendix A).

25. SUBCONTRACTING:

25.1. If one or more subcontractors are required, the contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Small Business and Supplier Diversity https://www.sbsd.virginia.gov; local chambers of commerce and other business organizations.

26. USE OF CONTRACT BY OTHER PUBLIC BODIES:

26.1. Offerors are advised that the resultant contract(s) may be extended, with the authorization of the Offeror, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your offer.

https://www.sbsd.virginia.gov/

26.2. It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s).

26.3. Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies.

26.4. Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contracts terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

26.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

27. NEWS RELEASE BY VENDORS:

27.1. As a matter of policy, the County does not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

28. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

28.1. Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities and services. Fairfax County government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with ADA.

28.2. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request. Bidders requesting special accommodations should call the Department ADA representative at (703) 324-3201 or TTY 1-800- 828-1140. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

29. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

29.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC).

Any bidder or 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 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

30. BACKGROUND CHECKS:

30.1. Offerors must conduct National Criminal Background checks for all employees and/or volunteers who are providing instruction for the County’s activities and responsible for the health, welfare and safety of the mentally or physically disabled, minors, elderly or other persons unable to care for themselves.

By acceptance of a contract award pursuant to this RFP, an Offeror guarantees compliance with the provisions of this paragraph.

30.2. In order to comply with this requirement, the Offeror(s) shall:

a. Conduct National Criminal Background Checks for all current qualifying employees and/or volunteers who will be providing instruction or direct supervision of County participants. A national criminal background check is defined as one that searches all fifty (50) states official repositories for state police reports, or a FBI national background check. Vendors are encouraged to contact the Park Authority Purchasing Branch for further clarification and a list of private firms who can provide this service. The successful Offeror(s) are required to submit a notarized letter to the FCPA Purchasing Branch, attesting that the criminal records checks have been completed as described below. Completed record check forms can be submitted within 30 days of contract award.

b. Ensure that the national criminal background and CPS records checks are completed and returned to the Offeror(s) within 120 days from date of submission to the researching firm.

c. All employees and/or volunteers hired after contract award must have a national criminal background records check submitted within the first week of employment and such reports must be completed within 120 days of submission. A subsequent screening must be made of police records checks to ascertain and ensure that no instructor, paid or volunteer, who provides County services has been convicted of murder, abduction, sexual assault, failing to secure medical attention for an injured child, pandering, crimes against nature involving children, taking indecent liberties with children, neglect of children, obscenity involving children, illegal sale, distribution or possession of a controlled substance, as defined by Virginia law or by similar law of another state.

d. Screen the Child Protective Services report to ascertain and ensure that no instructor, paid or volunteer, who provides County services, is the subject of a report made pursuant to Code of Virginia, Section 63.1-248.6, that a complaint of child abuse or neglect is found, as the term found is defined by state law.

e. Submit a notarized letter to the FCPA Purchasing Branch, attesting that the criminal records checks have been completed and there were no convictions as described above or founded incidents of child abuse as defined above.

f. Private background check firms - usually conduct a state by state search of repositories to approximate a true national check. Vendors are encouraged to consider private firms specializing in national background checks. Some insurance companies provide this service

30.3. Failure to comply with any of these terms will be grounds for termination of the contract.