3237TP - Doc 1 - RFP, Appraisal Review Svcs.pdf

25-05-3237TP Appraisal Review Services 1 | P a g e

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS #25-05-3237TP

Issue Date: November 26, 2024

Title: Appraisal Review Services

Commodity Code: 94615 – Appraisal Services, Real Estate

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

(Chenault-Weems Building, 2nd Floor)

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: Department of Public Works

7516 County Complex Road

Hanover, VA 23069

Period of Contract: From award of contract through February 28, 2026 (Renewable)

Sealed proposals will be received by the issuing department prior to 12:00 PM (prevailing time), December 13, 2024 for furnishing the services described herein.

Page 1 and the Attachments, including any Addenda associated with this solicitation must be completed and returned.

The preferred method for responding to this solicitation (submitted electronically) through eVA (Virginia’s eProcurement Market Place – https://eva.virginia.gov). For assistance, contact eVA Customer Care at Get Help eVA

Customer Care (virginia.gov) or

1-866-289-7367.

All inquiries for information about this RFP should be directed to: Trena A. Ponton, CPPB, Purchasing Office Senior, taponton@hanovercounty.gov and must be received by December 11, 2024.

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

Name and Address of Firm:

Date:

By:

Name:

Signature in Ink

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

This public body does not discriminate against faith-based organizations https://eva.virginia.gov/ https://eva.virginia.gov/get-help-customer-care.html https://eva.virginia.gov/get-help-customer-care.html mailto:taponton@hanovercounty.gov

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TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. STATEMENT OF NEEDS 3

3. EXPRESSION OF INTEREST (EOI) 4

4. EVALUATION AND AWARD 9

5. GENERAL TERMS AND CONDITIONS 9

6. SPECIAL TERMS AND CONDITIONS 14

7. PROVISIONS APPLICABLE TO FEDERAL AND STATE FUNDED HIGHWAY PROJECTS

8. ATTACHMENTS

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1. GENERAL INFORMATION

1.1 PURPOSE: The purpose of this Request for Proposals (“RFP”) is to solicit proposals from qualified and experience firms to establish a contract(s) through competitive negotiations for providing typical work considered associated with preparing appraisal and appraisal review reports. The contract(s) will supplement internal resources by providing a flexible and effective way for the County to respond to recurring consultant service needs for multi-dimensional tasks covering a range of land acquisition work. Services will be provided on an “as needed” basis for Hanover County, Virginia.

1.2 BACKGROUND: Hanover County Public Works Department (“DPW”) maintains a broad category of infrastructure projects for recreational, employment, and health and safety uses in the greater community.

They include public buildings, transport infrastructure, public spaces, public services, and other, usually long-term, physical assets and facilities.

1.3 FUNDING SOURCE: Funding source for work assigned under the contract will be federal, state, and-or local appropriations. Federal funding will consist of Federal Highway Administration (“FHWA”) appropriations. The source for which funding source applicable will be identified for each task assigned under contract. Requirements specific to FHWA funded projects are included in Section 7.

2. STATEMENT OF NEEDS

Contract(s) established under this RFP shall be performed and audited in compliance with the cost principles contained in the Federal Acquisition Regulations (FAR) Part 31 of Title 48 of the Code of Federal Regulations.

2.1 SCOPE OF SERVICES: Services shall be inclusive of all costs (i.e. supervision, labor, materials, equipment, transportation, etc., including profit, overhead, administration etc.) to furnish and deliver appraisal reviews to the County with recommendations for each parcel assigned.

Services will include but not limited to:

A. In preparation of appraisal reviews, the Contractor shall conform to and recognize appraisal principles and practices of the profession, including become familiar with rulings of the judicial bodies having legal jurisdiction where the property is located.

B. The Contractor shall conduct detailed inspections of the real property of which the parcel forms a part, and make such investigations and studies as are necessary to derive sound conclusions for the preparation of appraisal reviews.

C. The County will prepare and provide, in PDF format, appraisal reports for parcels to the Contractor. Upon completion of appraisal reviews the Contractor shall prepare and attach the technical field reviews to the prepared appraisal with a disposition recommendation. Transmission of such documents shall be delivered and received electronically.

D. The appraisal report shall be prepared in accordance with the provisions of Chapter 4 of the Manual of

Instructions, Right of Way and Utilities Division, Virginia Department of Transportation and the Uniform

Standards of Professional Appraisal Practice (USPAP).

E. The Appraisal Reviewer shall sign and execute their Appraiser Certification and attach a copy to the review appraisal report.

F. The review appraisal report shall be based upon the County’s plans for the design of the Project, showing areas of land and interests therein to be acquired by the County, and showing each parcel designated by a parcel number. Copies of such plans will be furnished by the County to the Review Appraiser, and the individual review appraisal report prepared shall make use of the parcel numbers where possible for proper reference. The County shall designate in writing the individual parcels of real estate that constitute each property of which the parcel forms a part.

G. All review appraisal work performed by the Review Appraiser must be completed by persons licensed in accordance with the licensing requirements set out in Section 54.1-2011 of the Code of Virginia (1950) as amended (the “Code”), and regulations adopted pursuant thereto and on the Virginia Department of https://en.wikipedia.org/wiki/Infrastructure https://en.wikipedia.org/wiki/Community https://en.wikipedia.org/wiki/Transport_infrastructure https://en.wikipedia.org/wiki/Public_spaces https://en.wikipedia.org/wiki/Asset https://en.wikipedia.org/wiki/Building

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Transportation Approved Senior Fee Appraiser Panel as a Certified General Real Estate Appraiser and/or

Review Appraiser.

I. The Review Appraiser shall complete its review of each submitted appraisal within the requested days of receipt thereof. Upon completion of the review, the Review Appraiser will notify the Appraiser that the appraisal has been reviewed and recommended for approval or will request the Appraiser to provide additional information, which is to be submitted by the Appraiser as soon as possible after receipt of the request. Once the additional information has been received by the Review Appraiser, the Review

Appraiser will review the information and recommend approval or request additional information as soon as possible after receipt thereof.

3. EXPRESSION OF INTEREST (EOI)

3.1 GENERAL INSTRUCTIONS

A. RFP Response: In order to be considered for selection, Offerors must submit a complete proposal in the form of an Expression of Interest (referred to herein “EOI”) to the RFP. EOIs may be submitted electronically through eVA or by U.S. Mail. Overnight service or hand delivery.

1. Electronically through eVA (preferred method)

a. For guidance on how to submit an EOI, contact eVA Customer Care at 1-866-289-7367.

b. If the Offeror determines that part or parts of its EOI are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional copy of its EOI that eliminates such part or parts. This copy shall be identified with the words “REDACTED

COPY”.

2. U. S. Mail, overnight service, or hand delivery

a. A digital version of the EOI in PDF or DOC format on a USB.

b. If the Offeror determines that part or parts of its EOI are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional digital copy of its EOI that eliminates such part or parts. This copy shall be identified with the words

“REDACTED COPY” and should be submitted on the same USB.

B. EOI Preparation:

1. EOIs shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in Purchasing requiring prompt submission of missing information and/or giving a lowered evaluation of the EOI. EOIs which are substantially incomplete or lack key information may be rejected by the County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. EOIs 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 and include sufficient descriptive information of the proposed approach for providing the services that will enable the County to understand and evaluate the Offeror’s plan to meet all requirements requested.

3. EOIs should be organized in the order for which the requirements are presented in the RFP as follows.

Complete EOIs should be submitted (in Adobe PDF format) through eVA.

a. Transmittal letter

b. RFP Title page (page 1) and all addenda acknowledgments, if any, including all Attachments included with the RFP (see Attachments, Section 8).

c. Table of Contents

d. Executive Summary –

• Not to exceed five (5) pages and is to include specific experience associated with providing project management, other related services, and a demonstrated understanding of federal, state, and local codes, laws, regulations, specifications, and procedures applicable to each of the services under the contract.

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• Include a brief description of the Offeror’s proposed approach to providing the services under the contract. Provide sufficient information to enable the County to understand and evaluate the Offeror’s plan to meet the requirements of the services requested.

e. Present Workload with Department Form (Attachment N)

f. Standard Form (SF) 330 Part I – one combined for the project team (Attachment M)

g. Standard Form (SF) 330 Part II – one for each firm (Attachment M)

h. Team Organization Chart – Section D Standard Form (SF) 330 Part I

i. Full size copies of Commonwealth of Virginia SCC and DPOR supporting registration/licensing documentation for each firm (including that of each pertinent branch office)

j. Full size copies of Commonwealth of Virginia DPOR registration certificate for the Key

Personnel

k. Firm Data Sheet and Offeror’s Data Sheet – Both forms to be completed and included with EOI response (Attachment A)

l. Certification Regarding Debarment form

m. Certification Regarding Tax Delinquency and Felony Convictions (Attachment L)

n. DBE Commitment and Confirmation Letter (if applicable)

o. Policy statement regarding Equal Employment

4. In addition to the page restrictions listed above, a maximum of ten (10) additional pages may be included in the EOI. All pages are to be 8 1/2” x 11 with single-spaced type no smaller than 12 font size.

5. Furnish current SF 330 Part II for each firm involved and combine one (1) SF 330 Part I for the project team. Follow the instructions included on the form, unless indicated otherwise within this

RFP. A copy of the SF 330 Part I and Part II (Rev. 7/2021) forms are present in Attachment M and can be downloaded from the GSA website: https://www.gsa.gov/system/files/SF330-21.pdf.

6. As referenced in SF 330 Part I, Section D (Organizational Chart of Proposed Team), a one-page organizational chart showing all firms involved and key personnel assignments and responsibilities is required to be included.

7. Indicate KEY PERSONNEL ONLY resumes in SF 330 Part I, Section E (Resumes of Key Personnel

Proposed for This Contract). Key Personnel are defined as those to whom the contract will be assigned and who will be performing the actual management of the work and be responsible for inspection, administrative and design services. Each resume shall be limited to one page per person with a font no less than 10 point.

Furthermore, all individuals identified as Key Personnel in the EOI shall remain on the Contractor’s

Team for the duration of the procurement process and, if the Contractor is awarded a contract, the duration of the contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to County’s Project Manager for approval, who, at his/her sole discretion, will determine whether to authorize a change. Unauthorized changes to the Contractor’s Team at any time during the procurement process may result in elimination of the Contractor’s Team from further consideration.

8. In SF 330 Part I, Section F (Example Projects Which Best Illustrate Proposed Team’s Qualifications for This Contract), limit example projects to no more than ten (10).

9. In SF 330 Part I, Section G (Key Personnel Participation in Example Projects), limit example projects to no more than ten (10). The example projects listed in Section G should match the example project list provided in Section F.

10. In SF 330 Part I, Section H (Additional Information), the Contractor should provide additional information to address selection criteria that are not covered by the information provided in Sections

A-G. Section H of SF 330 Part I is limited to a maximum of ten (10) pages with a font no less than

10 point. This section should describe the organization of the proposed project staff indicating the role of each by individual. If subconsultants are proposed, the role of each subconsultant should be https://www.gsa.gov/system/files/SF330-21.pdf

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Score Sheet that will be used to evaluate your submission. This is the ONLY section of the submission which may include pictures or graphics (included in the 10-page limit). List any computer and CADD equipment and any specialized computer software packages that you will use on this

County project.

11. If any firms involved with this submission currently have work with VDOT, indicate the projects, the division managing the projects, the amount of outstanding fee remaining, and the estimated date of completion. For limited services term contracts, include only the amount of all tasks orders executed or under negotiation. Also, include your estimated fees for pending supplemental agreements and any projects for which the firms have been selected, but have not executed an agreement. Work of affiliated and/or subsidiary companies is to be included. The outstanding workload of any Virginia

Department of Small Business and Supplier Diversity certified DBE or SWaM prime or subconsultant may be reduced up to $4 million and the remainder (>$0) shall be added to the team’s total workload. When a DBE or SWaM firm graduates from the program, their workload incurred while a DBE or SWaM may be reduced up to $4 million for the next three years. All new work obtained after graduating from the program will be counted. Work being performed under the Public

Private Transportation Act (PPTA) shall not be included. Work being performed as a prime, joint venture, or subconsultant on a VDOT Design-Build project shall be included. The outstanding fee remaining is the maximum total compensation payable less the amount previously paid to date. This information shall be submitted using the Present Workload with Department form (Attachment N).

Please carefully read the instructions on the Present Workload with Department form.

12. Prior to the time of submittal of the EOI, all business entities, except for sole proprietorships, are required to register with the Virginia State Corporation Commission. Information about entity formation can be found at https://www.scc.virginia.gov/. Foreign Professional Corporations and

Foreign Professional Limited Liability Companies (i.e., organized or existing under the laws of a state or jurisdiction other than Virginia) must possess a Commonwealth of Virginia Certificate of

Authority from the State Corporation Commission to render professional services. Any business entity other than a professional corporation, professional limited liability company or sole proprietorships that do not employ other individuals for which licensing is required must be registered in the Commonwealth of Virginia with the Department of Professional & Occupational Regulation http://www.dpor.virginia.gov/, Virginia Board for Architects, Professional Engineers, Land

Surveyors and Landscape Architects (Board). Board regulations require that all branch offices of professional corporations and business entities located in Virginia, which offer or render any professional services relating to the professions regulated by the Board shall be registered as separate branch office with the Board. All offices, including branches, which offer or render any professional service, must have at least one full-time resident professional in responsible charge who is licensed in the profession offered or rendered at that office. All firms involved that are to provide professional services must meet these criteria prior to submitting an EOI to the County. Individual engineers shall meet the requirements of Chapter 4, Title 54.1 of the Code of Virginia.

13. Give names and detailed addresses of all affiliated and/or subsidiary companies. Indicate which companies are subsidiaries. If a situation arises in responding to this questionnaire where you are unsure whether another firm is or is not an affiliate, doubt should be resolved in favor of affiliation and the firm should be listed accordingly.

Affiliate - Any business entity which is closely associated to another business entity so that one entity controls or has the power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party, but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving are not considered affiliates.

https://www.scc.virginia.gov/ http://www.dpor.virginia.gov/

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An Offeror shall not submit more than one (1) EOI in response to this RFP. If more than one EOI is submitted by an individual, partnership, Corporation, or any party of a Joint Venture, then all EOIs submitted by that individual, partnership, Corporation, or any party of a Joint Venture shall be disqualified. If more than one EOIs are submitted by an affiliate, or subsidiary company of an individual, partnership, Corporation, or any party of a Joint Venture, then all EOIs submitted by that individual, partnership, Corporation, or Joint Venture shall be disqualified.

14. Please indicate, by executing and returning the attached Certification Regarding Debarment forms, if your firm, subconsultant, subcontractor, or any person associated therewith in the capacity of owner, partner, director, officer or any position involving the administration of Federal or State funds:

a. Is currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency.

b. Has been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past 3 years.

c. Has a proposed debarment pending; or has been indicted, convicted, or had a civil judgment rendered against it or them by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

Any of the above conditions will not necessarily result in denial of award, but it will be considered in determining offeror responsibility. For any condition noted, indicate to whom it applies, initiating agency, and dates of action. Providing false information may result in Federal criminal prosecution or administrative sanctions.

15. If the Offeror or subconsultant does not have the in-house capability to provide non-professional services, each with an estimated cost of $5,000 or greater, such as diving services, soil drilling, sampling services or laboratory testing, these services must be subcontracted in accordance with State procurement procedures once a contract is executed, with no DBE or SWaM credit in the selection of the most qualified firm or team. Clearly indicate these services in the EOI.

16. Commonwealth of Virginia SCC and DPOR supporting registration /licensing documentation for each firm (including that of each pertinent branch office) and those for Key Personnel:

a. Each business entity (prime and subconsultants) on the proposed team who is practicing or offering to practice professional services in Virginia, including, but not limited to, those practicing or offering to practice engineering, surveying, hydrologic and hydraulic analysis, landscape architecture, should provide evidence including full size copies of appropriate commercial professional registrations and licenses for all main and branch offices proposed for this Project, as well as providing full size copies of appropriate individual registrations/licenses for those professional occupations per the requirements listed below. The EOI should convey the requested information for each regulant using a concise table or matrix. (All full-size copies of the Commonwealth of Virginia State Corporation Commission (SCC) and Department of

Professional and Occupational Regulation (DPOR) supporting registration documentations should be included in the EOI and will not be counted towards page restriction):

• The Commonwealth of Virginia SCC registration detailing the name, registration number, type of corporation and status of the business entity.

• For this Project/Contract, the Commonwealth of Virginia DPOR registration information for each office practicing or offering to practice any professional services in Virginia: Provide the business name, address, registration type, registration number, expiration date.

• For this Project/Contract, the Commonwealth of Virginia DPOR license information for each of your Key Personnel practicing or offering to practice professional services in Virginia:

Provide the name, the address, type, the registration number, and the expiration date. Provide the office location where each of the Key Personnel is offering to practice professional services.

• For this Project/Contract, the Commonwealth of Virginia DPOR license information for those services not regulated by the Board for Architects, Professional Engineers, Land

Surveyors, Certified Interior Designers, and Landscape Architects (e.g. real estate appraisal):

25-05-3237TP Appraisal Review Services 8 | P a g e the business name, the address, the registration type, the registration number, and the expiration date.

17. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements.

The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offeror’s

EOI.

18. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information

Act; however, the Offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire EOI document, line-item prices, and-or total EOI prices as proprietary or trade secrets is not acceptable and will result in rejection of the EOI (Attachment C).

C. Oral Presentation: Offerors who submit an EOI in response to this RFP may be required to give an oral presentation of their EOI to the County. This provides an opportunity for the Offeror to clarify or elaborate on the EOI. This is a fact finding and explanation session only and does not include negotiation.

The County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted.

3.2 SPECIFIC EOI INSTRUCTIONS: The County seeks the most cost effective and highest quality services;

therefore, Offerors are encouraged to be creative and resourceful in proposing their most efficient methods using their most qualified personnel. EOIs should be as thorough and detailed as possible so that the County may properly evaluate the Offeror’s capabilities to provide the required services.

EOIs should be contained in a single electronic file to include all documentation where practical. All pages of the EOI should be numbered. Each paragraph in the EOI 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 requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-letter should be repeated at the top of the next page. EOIs 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.

Failure to comply with the law with regard to those requirements in Virginia (whether federal or state) at the time of the EOI submittal regarding your organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature may render your EOI submittal(s), in the sole and reasonable discretion of the Department, non-responsive and in that event your EOI submittal(s) may be returned without any consideration or evaluation.

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4. EVALUATION AND AWARD

4.1. EVALUATION CRITERIA: EOIs shall be evaluated by the County using the criteria found in Attachment

I, Score Sheet.

4.2. AWARD: The County shall engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such

Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the requested services. At the discussion stage the County may discuss non-binding estimates of costs, including, but not limited to, non-binding estimates of price for services. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the County shall select, in the order of preference, two or more Offerors whose professional qualifications and proposed services are deemed most meritorious.

Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. The County reserves the right to make multiple awards as a result of this solicitation. 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 and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror.

The County will not consider for award any cost proposals submitted by any contractors and will not consent to subcontracting any portions of the contract to any subconsultants in violation of the provisions of the

Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.

5. GENERAL TERMS AND CONDITIONS

5.1 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov/ streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Offerors must register in eVA, failure to register may result in the EOI being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

5.2 ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the

Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the County. The goods/services must comply with the specifications and terms and conditions of the Request and be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

5.3 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice on the DGS/DPS eVA VBO website

(https://eva.virginia.gov/) for a minimum of 10 days.

5.4 ANTI-DISCRIMINATION: The County assures compliance with Title VI of the Civil Rights Act of 1964, as amended. The Contractor and all subconsultants selected for this project will be required to submit a Title

VI Evaluation Report (EEO-D2) within 10 workdays of notification of selection when requested by the

Department. This requirement applies to all consulting firms when the contract amount equals or exceeds

$10,000. The ‘VDOT Title VI Evaluation Form’ provided in Attachment H.

The County does not discriminate against an Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

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By submitting their EOIs, Offerors certify to the County 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 §

2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, § 2.2-

4343.1E).

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

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

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

2. 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.

3. 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.

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

5.5 APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of

Virginia. Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division; provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

5.6 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

5.7 AUDIT: The Contractor shall retain all books, records and other documents relative to this contract for five

(5) years after final payment, or until audited by the County, whichever is sooner. The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The Contractor shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

5.8 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

5.9 BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Offerors shall state offer prices in US dollars.

5.10 BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable

County policies, regulations and procedures adopted pursuant thereto.

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5.11 CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

5.12 CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. The Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

5.13 CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 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. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act.

Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

5.14 DEBARMENT STATUS: By submitting their EOIs, Offerors certify that they are not currently debarred by the County from submitting bids or EOIs 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.

5.15 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due written notice as required by the NOTIFICATION clause, 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 County may have.

5.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey

Regional Jail and Pamunkey Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

5.17 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, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

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5.18 ETHICS IN PUBLIC CONTRACTING: By submitting their EOIs, Offerors certify that their EOIs are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their EOI, 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.

5.19 FORCE MAJEURE: If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force

Majeure shall rest solely with the County.

5.20 IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that they do not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

5.21 INDEMNIFICATION: Contractor agrees to indemnify the County, its officers, agents, and employees for any loss, liability, cost (including attorney’s fees), or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. The

County will not agree to indemnify the Contractor.

5.22 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor and nothing contained in the contract shall constitute or designate the Contractor or any of its agents or employees as employees of the

County.

5.23 LICENSES AND PERMITS: The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the County.

5.24 MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a EOI on the official County form provided for that purpose may be a cause for rejection of the EOI. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the EOI;

however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a EOI.

5.25 NOTIFICATION: Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to the Contractor in the name and at the address given in their EOI; provided that change of address shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the County shall be given to: County of Hanover, Director, Finance and Management Services

Department, P. O. Box 470, Hanover, VA 23069-0470. The Contractor agrees to notify the County immediately of any change of legal status or of address.

5.26 PAYMENT:

A. 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 contract number and/or purchase order number; social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

3. In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made (Code of Virginia, § 2.2-4353).

4. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be 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 County 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 the

County of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

B. To Subcontractors:

1. A Contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the County and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the

Contractor that remain unpaid seven (7) days following receipt of payment from the County, except for amounts withheld as stated in (b) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County.

C. The County encourages Contractors to accept electronic and credit card payments.

5.27 PRECEDENCE OF TERMS: The following General Terms and Conditions; ANTI-DISCRIMINATION, APPLICABLE LAWS AND COURTS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION

REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, MANDATORY USE OF COUNTY

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, FHWA, and VDOT identified in this solicitation, the more stringent requirements shall apply.

5.28 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the

Offeror shall furnish to the County all such information and data for this purpose as may be requested. The

County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The County further reserves the right to reject any EOI if the evidence submitted by, or investigations of, such Offeror fails to satisfy the County that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

5.29 ROYALTY AND LICENSE FEES AND COPYRIGHT, TRADEMARK AND PATENT PROTECTION:

A. By submitting their EOI, Offerors certify that there will be no violation of copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be ordered as a result of this solicitation.

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