3237TP - Doc 3 - Section 8, Attach. A-L.pdf

25-05-3237TP SECTION 8 – ATTACHMENTS

SECTION 8

IFB #25-05-3237TP

ATTACHMENTS

8. ATTACHMENTS – TABLE OF CONTENTS

Attachment A - Firm Data Sheet & Offeror’s Data Sheet

Attachment B - Virginia State Corporation Commission Registration Information (SCC)

Attachment C - Proprietary / Confidential Information Identification

Attachment D Contractor Certification Relating to Background Checks (Schools)

Attachment E - Certification Regarding Debarment – Primary Covered Transactions

Attachment F - Certification Regarding Debarment – Lower Tier Covered Transactions

Attachment G - VDOT Form C-63 – DBE/SWaM Payment Compliance Report

Attachment H - VDOT Title VI Evaluation Form

Attachment I - Score Sheet

Attachment J - VDOT Mandatory Federal-Aid Professional Services RFP Provisions

Attachment K - VDOT Mandatory Federal-Aid Professional Services MOA Provisions

Attachment L - Certification Regarding Tax Delinquency and Felony Convictions

Attachment M - GSA Standard Form 330 Architect-Engineer Qualifications (Part I & Part II)

Attachment N - Present Workload With Department Form

Attachment O - VDOT Forms (forms are not required as part of the Offeror’s proposal):

C-48 Subcontractor/Supplier Solicitation and Utilization Form C-49 DBE Good Faith Efforts Documentation C-111 Minimum DBE Requirements C-112 Certification of Biding Qualifications (Part I & II)

25-05-3237TP ATTACHMENT A

ATTACHMENT A

FIRM DATA SHEET

RFP #: 25-05-3237TP

RFP Due Date: ____________________

The prime Consultant is responsible for submitting the information requested below on all firms on the project team, both prime and all subcontractors. All firms are to be reported on one combined sheet unless the number of firms requires the use of an additional sheet. Failure to submit all of the required data will result in the RFP not being considered.

Firm’s Name, Address and DBE and-or SWAM Certification Number

Firm’s DBE or SWaM Status *

Firm’s Age Firm’s Annual Gross Receipts

* YD = DBE Firm Certified by DMBEN = DBE or SWaM Firm Not Certified by DMBE NA = Firm Not Claiming DBE or SWaM Status YS = SWaM Firm Certified by DMBE. Indicate whether small, woman-owned, or small business.

DMBE is the Virginia Department of Minority Business Enterprise

25-05-3237TP ATTACHMENT A

OFFEROR’S DATA SHEET

Note: The following information is required as part of your response to this solicitation.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

Name: Phone:

Title: Email:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Vendor Information: eVA Vendor ID or DUNS No.:

5. Indicate below a listing of at least three (3) recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, address and telephone number of the point of contact.

Company: Contact:

Phone: ( ) Fax: ( )

Project:

Dates of Service: $ Value:

25-05-3237TP ATTACHMENT B

ATTACHMENT B

STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission (SCC) registration information - The bidder:

� is a corporation or other business entity with the following SCC identification number: ____________

-OR-

� is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

-OR-

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

-OR-

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

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

25-05-3237TP ATTACHMENT C

ATTACHMENT C

PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION

OFFERORS MUST SUBMIT THIS FORM WITH THEIR EOI IF DECLARING ANY TRADE SECRET OR

PROPRIETARY INFORMATION

Ownership of all data, documentation, and materials originated and prepared for the County of Hanover pursuant to this Request shall belong exclusively to the County and shall 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 inspection under this Act. To prevent disclosure, however, the Offeror must invoke the protection of Section 2.2-4342D of the Code of Virginia in writing, either before or at the time the data or other materials are submitted. The written Request must specifically identify the data or other materials to be protected and state the reasons why the protection is necessary.

SECTION/TITLE

PAGE #’s

REASON(S) FOR WITHHOLDING FROM DISCLOSURE

25-05-3237TP ATTACHMENT D

ATTACHMENT D

CONTRACTOR CERTIFICATION RELATING TO BACKGROUND CHECKS

HANOVER COUNTY PUBLIC SCHOOLS

PURSUANT TO CODE OF VIRGINIA § 22.1-296.1

I, , certify to the Hanover County School Board that no representative or employee who will provide services under this contract, and who will have direct contact with students on school property during regular school hours or during school-sponsored activities, has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

I understand that I can be found guilty of a Class 1 misdemeanor for making a materially false statement in this Certification of Contractor and that a conviction for making a materially false statement in this Certification of Contractor shall be grounds for the revocation of my firm or business’s contract with the Hanover County School Board.

Date Signature

Title

Company Name

25-05-3237TP ATTACHMENT E

ATTACHMENT E

CERTIFICATION REGARDING DEBARMENT

PRIMARY COVERED TRANSACTIONS

(To be completed by a Offeror)

Project: _________________________________________

1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1) b) of this certification; and

d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the Offeror for contracts to be let by the Commonwealth Transportation Board.

Signature Date Title

Name of Firm

25-05-3237TP ATTACHMENT E

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"

"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled

"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

25-05-3237TP ATTACHMENT F

ATTACHMENT F

LOWER TIER COVERED TRANSACTIONS

(To be completed by a Sub-consultant)

Project: __________________________________________

1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

of the Offeror for contracts to be let by the Commonwealth Transportation Board.

Signature Date Title

25-05-3237TP ATTACHMENT F

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and-or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"

"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations (13CFR Part 145).

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled

"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and-or debarment.

25-05-3237TP ATTACHMENT G

ATTACHMENT G

VDOT Form C-63 – DBE/SWaM Payment Compliance Report http://vdotforms.vdot.virginia.gov/SearchResults.aspx?filename=C-63.PDF http://vdotforms.vdot.virginia.gov/SearchResults.aspx?filename=C-63.PDF

25-05-3237TP ATTACHMENT H

ATTACHMENT H

Title VI Evaluation Report

VDOT Consultant Title VI Evaluation Form

Introduction

VDOT is a recipient of federal financial assistance. As a recipient, VDOT is required to comply with Title VI of the Civil Rights Act of 1964, as amended and other nondiscrimination laws and authorities. Title VI of the Civil Rights Act of 1964, and other directives prohibit agencies and sub-recipients receiving federal assistance from discriminating against anyone or any group in the United States on the grounds of race, color, national origin, sex, age, disability, or low-income. The United States Department of Transportation (USDOT) and Federal Highway Administration (FHWA) Regulations (49) Code of Federal Regulations (CFR), Part 21, and 23 CFR, Part 200 respectively, and other applicable orders and authorities provide guidelines, actions, and responsibilities for VDOT’s implementation of the Title VI Program. These laws and regulations include but are not limited to the following:

1. The 1970 Uniform Act (42 USC 4601) – prohibits unfair treatment of displacees

2. Section 504 of the 1973 Rehabilitation Act (29 USC 790) – prohibits discrimination based on disability

3. The Federal-Aid Highway Act 1973 (23 USC 324) – prohibits discrimination based on gender

4. The 1975 Age Discrimination Act (42 USC 6101) – prohibits age discrimination (any age)

5. The Civil Rights Restoration Act of 1987 – clarified the original intent of nondiscrimination organization-wide

6. Executive Order 12898 on Environmental Justice (EJ) addresses disproportionately high and adverse human health and environmental effects on minority and low-income populations

7. Executive Order 13166 on Limited English Proficiency (LEP) - ensures people who are limited English proficient

(LEP) have meaningful access to services

In brief, these laws and regulations prohibit discrimination in federally assisted programs and activities. Title VI of the 1964 Civil Rights Act states that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

By contracting with VDOT, a contractor is obligated to comply with the laws and regulations listed above and within the Memorandum of Agreement (MOA) executed between the Department and the contractor. VDOT’s Civil Rights Division with the assistance from each applicable division’s Program Manager, monitors an organization’s compliance with the non-discrimination provisions.

To monitor compliance, each contractor and all sub-contractors are required to submit a Title VI Evaluation Form. This requirement is applicable for all contractors.

The Title VI Evaluation Form provides documentation that a contractor has procedures in place to prevent discrimination in programs and services based on Title VI.

VDOT will request a Title VI Evaluation Form within ten (10) days of notification of selection for new contractors or contractors that do not have a current assessment on file with VDOT. The Assessment Form should be submitted to the Program Manager in the division that is negotiating the contract. These are the divisions we currently receive Title VI Evaluation Forms from:

25-05-3237TP ATTACHMENT H

Right of Way & Utilities Division Location & Design Division Environmental Division Structure & Bridge Innovative Project Delivery Materials Division Transportation & Mobility Planning Division

Once the Title VI Evaluation Form is provided to VDOT, the Title VI Coordinator in the Civil Rights Division reviews the information and issues a pre-award letter within fifteen (15) days of receiving documentation or may schedule an on-site review within the same time frame to confirm information provided in the Assessment Form. VDOT Program Managers have access to a Title VI Log that is updated monthly on the Civil Rights Website. The Title VI Coordinator may request additional information and-or recommend corrective actions. The Title VI Coordinator may randomly schedule on site compliance reviews at the contractor’s office.

If the report is approved, a letter is sent out with an expiration date for one year from the date of the approval letter. Typically the letter remains current and on file with VDOT for a period of one year. An updated report is required annually for contractors who continue to perform under a contract with VDOT. It should be noted that if VDOT conducts an on-site compliance review the contractor can still be found to be out of compliance during the one year period.

Failure to comply with the nondiscrimination provisions may result in cessation of negotiations, withholding of payments, cancellation, termination, or suspension of the contract in whole or in part.

Should you have any questions about VDOT’s Title VI Program or the Evaluation Form, contact Corina Herrera at 804-786- 2730 or at corina.herrera@vdot.virginia.gov mailto:corina.herrera@vdot.virginia.gov

25-05-3237TP ATTACHMENT H

VDOT TITLE VI EVALUATION FORM

This Title VI Evaluation Form is used as a Pre-award Review and Post-award Review. VDOT is required to conduct routine assessments prior to releasing funds to ensure Title VI compliance. A pre-award review assists VDOT in determining whether applicants operate in a nondiscriminatory manner.

Pre-award reviews can also be used to require applicants to take preventive measures to ensure that discrimination will not occur in their services as a condition of receiving contracts. Pre-award reviews represent a frontline approach to eliminating and preventing discrimination before it occurs.

Post-Award Reviews are generally conducted after a contractor begins the scope of work. However to minimize the burden on VDOT’s contractors, VDOT has developed a form that serves as both a pre-award and post-award compliance tool.

VDOT must also conduct on-site reviews of prime contractors periodically to ensure that the contractor remains in compliance with Title VI and to verify that the contractor has preventive measures to ensure nondiscrimination by their sub-contractors.

Name of Preparer:

Click here to enter text.

Preparer’s Title:

Click here to enter text.

Phone #:

Click here to enter text.

Email Address:

Click here to enter text.

Name of Organization:

Click here to enter text.

Address of Organization:

Click here to enter text.

Address of Virginia location where project will be done:

Click here to enter text.

Type of Contractor/Organization:

Private Organization Supplier

Governmental Agency Other Workforce for Virginia Location(s)

Total Click here to enter text.

% Minority Click here to enter text.

% Female Click here to enter text.

Business Ownership/Control Minority Female

DBE Certified SWaM Certified

Does your organization currently have contracts or subcontracts with VDOT?

Yes No

What is your organization’s most recent date of Title VI approval? Click here to enter text.

Status of Project(s):

Click here to enter text.

Value of current Contract(s):

What does your organization have in place to ensure nondiscrimination in your VDOT scope of work and your programs and services?

25-05-3237TP ATTACHMENT H

Virginia Workforce

CONSULTANT EQUAL EMPLOYMENT OPPORTUNITY WORKFORCE ANALYSIS

Employment at this establishment – Report all permanent full and part-time employees including apprentices and on-the job trainees unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be considered zeros.

Job Categories

Number of Employees (Report employees in only one category)

Race/Ethnicity Hispanic or

Latino Not Hispanic or Latino

Total Col A-N

Male Female Male Female White Black or

African American

Native Hawaiian Or Other Pacific Islander

Asian American Indian or Alaska Native

Two or more races

White Black or African American

Native Hawaiian Or Other Pacific Islander

Asian American Indian or Alaska Native

Two or more races

A B C D E F G H I J K L M N O Executive/Sir.

Level Officials & Managers (1.1)

First/Mid-Level Officials & Managers (1.2)

Professionals (2) Technicians ( 3) Sales Workers ( 4) Administrative Support Workers (5)

Craft Workers (6) Operatives (7) Laborers & Helpers (8)

Service Workers (9)

TOTAL (10)

PREVIOUS

YEAR TOTAL

(11)

25-05-3237TP ATTACHMENT H

Organization, Staffing, & Training

1. What type of services will your organization provide VDOT?

2. Identify the person responsible for the administration of Title VI polices and procedures (a Title VI Coordinator). Provide the name, position, title, and contact information.

Title VI/Nondiscrimination

3. Is your Title VI Coordinator, project managers, and other staff made aware of Title

VI compliance and regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21 and the Federal Highway Administration’s 23 Code of Federal Regulations 200? Please explain how they are made aware.

4. What procurement procedures does your organization have in place to ensure nondiscrimination in the selection and retention of subcontractors including procurements of materials and leases of equipment? * Please note N/A is not an acceptable response, please provide a complete answer

5. How does your organization notify your subcontractors and suppliers of their obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability and low income populations? * Please note N/A is not an acceptable response, please provide a complete answer

4. Are facilities and meeting areas fully accessible to persons with disabilities?

5. Does your organization have a system in place to accommodate persons with disabilities? If yes, how does your organization notify the public? If no, please explain. * Please note N/A is not an acceptable response, please provide a complete answer

6. How are limited English proficient persons made aware that they can receive translation services for access to services? * Please note N/A is not an acceptable response, please provide a complete answer

25-05-3237TP ATTACHMENT H

7. Has your organization been reviewed by any governmental agencies for compliance with Title VI and other laws and regulations? If yes, provide a copy of the letter identifying the review findings?

8. Does your organization receive federal assistance (grants, loans, donations of property, or detail of personnel) from any Federal government entity?

9. List any discrimination complaints and/or lawsuits received in Virginia during the reporting period. Include the basis for the complaint (ethnicity, gender, etc.) and summarize the outcome or resolution. If applicable, include a copy of the investigation report.

Disadvantaged Business Enterprises (DBE)

6. Did your organization award any contracts/subcontracts related to VDOT work to

DBEs during the reporting period?

Yes No

If yes, provide the following:

1. The DBE’s name and amount awarded Click here to enter text.

2. Total # of contracts awarded to DBEs Click here to enter text.

3. Total dollar amount of contracts awarded to DBEs

I certify that the data given in this report is correct to the best of my knowledge. (Report has to be submitted with original signature, not a photocopy.)

Signature: ____________________________________________________________________

(Authorized Officer) (Title) (Date)

For Office Use Only:

Provide award? Yes ______ No _______

Recommendations:

25-05-3237TP ATTACHMENT I

ATTACHMENT I

SCORE SHEET

RFP NO.: 25-05-3237TP

TITLE: APPRAISAL REVIEW SERVICES

FIRM:

SUBS:

DATE:

NUMERICAL

VALUE AVG WEIGHT WEIGHTED

EVALUATION

APPROACH/EXPERIENCE TO PROVIDING SERVICES

Expertise, experience, and qualifications of team in providing services as related to the scope of services; organizational structure; proposed project staff resources; proposed use of subconsultants (1=least, 10=most)

1-10 50%

QUALIFICATIONS OF PROJECT MANAGER

Expertise, experience and qualifications in project management as related to the scope of services. (1=least, 10=most)

1-10 30%

RESPONSIVE CAPABILITY

Ability to complete work in a timely manner and on budget. (1=least, 10=most)

1-10 20%

TOTAL

25-05-3237TP ATTACHMENT J

ATTACHMENT J

VDOT MANDATORY FEDERAL-AID PROFESSIONAL SERVICES RFP PROVISIONS

1. It is the policy of the Virginia Department of Transportation and Hanover County that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of federally funded consultant contracts. A list of Virginia Department of Minority Business Enterprise certified DBE firms is maintained on their web site (http://www.dmbe.virginia.gov/) under the DBE Directory of Certified Vendors. Consultants are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplemental contracts. If the consultant intends to subcontract a portion of the services on the project, the consultant is encouraged to seek out and consider DBE firms as potential subconsultants. The consultant is encouraged to contact DBE firms to solicit their interest, capability and qualifications. Any agreement between a consultant and a DBE firm whereby the DBE firm promises not to provide services to other consultants is prohibited. The DBE contract goal for this procurement is ___% Please note that the contract goal percentage will be set by VDOT at the time of bidding on a specific project.

FOR PROJECTS WITH DBE GOALS SET, PARAGRAPHS 2

THROUGH 5 APPLY:

2. Include the following wording and two bullets on state or federally funded projects with a DBE or SWaM goal.

In the following sentence and these two bullets, remove references to SWaM on federally funded projects and DBE on a state funded project. If portions of the services are to be subcontracted to a DBE or SWaM, the following needs to be submitted with your EOI and both must reference the project number(s) for the services:

• Written documentation of the prime’s commitment to the

DBE or SWaM firm to subcontract a portion of the services, a description of the services to be performed and the percent of participation.

• Written confirmation from the DBE or SWaM firm that it is participating, including a description of the services to be performed and the percent of participation.

3. 49 CFR Part 26 requires VDOT to collect certain data about firms attempting to participate in VDOT contracts. This data must be provided on the enclosed Firm Data Sheet.

4. VDOT is also required to capture DBE and SWaM payment information on all professional services contracts. The successful Offeror will be required to complete C- 63 form for both state and federally funded projects on quarterly basis.

5. Any DBE or SWaM firm must become certified (with the Virginia Department of Minority Business Enterprise) prior to your response being submitted. If DBE or SWaM firm is the Offeror, the firm will receive full credit for planned involvement of their own forces, as well as the work that they commit to be performed by DBE or SWaM subconsultants.

DBE or SWaM Offerors are encouraged to make the same outreach efforts as other consultants. DBE or SWaM credit will be awarded only for work actually being performed by them. When a DBE or SWaM Offeror subcontracts work to another firm, the work counts toward DBE or SWaM goals only if the other firm is itself a DBE or SWaM. A DBE or SWaM Offeror must perform or exercise responsibility for at least 30% of the total cost of its contract with its own force.

FOR PROJECTS WITH NO DBE GOAL PARAGRAPH 6

APPLIES

6. DBE or SWaM certification entitles consultants to participate in VDOT’s DBE and SWaM programs. However, this certification does not guarantee that the firm will obtain VDOT work nor does it attest to the firm’s abilities to perform any particular work.

7. 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 business registration can be found at https://www.scc.virginia.gov/default.aspx.. 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

Mandatory Federal-Aid Professional Services RFP Provisions

Must be included in their entirety http://www.dmbe.virginia.gov/ https://www.scc.virginia.gov/default.aspx

25-05-3237TP ATTACHMENT J

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 Expression of Interest to Hanover County. Individual engineers shall meet the requirements of Chapter 4, Title 54.1 of the Code of Virginia.

8. Hanover County assures compliance with Title VI of the Civil

Rights Act of 1964, as amended. The consultant and all subconsultants selected for this project will be required to submit a Title VI Evaluation Report (EEO-D2) within 10 work days 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.

9. Hanover County will not consider for award any cost proposals submitted by any consultants 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.

10. All firms submitting EOI (Offerors, joint ventures and subconsultants) must have internal control systems in place that meet federal requirements for accounting. These systems must comply with requirements of 48CFR31, “Federal Acquisition Regulations, Contract Cost Principles and Procedures,” and 23CFR172, “Administration of Negotiated Contracts.” All firms selected for a project (Offerors, joint ventures and subconsultants) must submit their FAR audit data to Hanover County within ten work days of being notified of their selection. Should any firm on the consultant team fail to submit the required audit data within the ten work days, negotiations may be terminated by Hanover County and the next most qualified team invited to submit a proposal.

11. Hanover County assures compliance with Title VI of the Civil

Rights Act of 1964, as amended. The consultant and all subconsultants selected for this project will be required to submit a Title VI Evaluation Report (EEO-D2) within ten work days of notification of selection when requested by VDOT.

This requirement applies to all consulting firms when the contract amount equals or exceeds $10,000.

12. Hanover 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.

13. All firms shall complete and include the following completed forms:

Certification Regarding Debarment – Primary Covered

Transactions (Offeror) Certification Regarding Debarment - Lower Tier Covered

Transactions (Sub-Consultant) http://www.dpor.virginia.gov/

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PRIMARY COVERED TRANSACTIONS

(To be completed by a Offeror)

Project: _________________________________________

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1) b) of this certification; and

d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

of the offeror for contracts to be let by the Commonwealth Transportation Board.

Signature Title

Date

25-05-3237TP ATTACHMENT J

LOWER TIER COVERED TRANSACTIONS

(To be completed by a Sub-consultant)

Project: __________________________________________

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

of the offeror for contracts to be let by the Commonwealth Transportation Board.

Signature Title

Date

25-05-3237TP ATTACHMENT J

GOOD FAITH EFFORT

(Include with federal-aid project with DBE Goal)

The Department will accept what consultants submit in their EOI regarding good faith efforts. If a firm that has submitted good faith effort documentation makes the short list, the procuring Division Administrator (cannot be delegated unless he/she will be out of the office for more than five work days) along with a representative of the EO Division will determine if the good faith effort is acceptable.

When there is a contract goal, a consultant must make good faith efforts to meet it. The consultant can do so either through obtaining enough DBE participation to meet the goal or documenting the good faith efforts it made to do so. These means of meeting contract goal requirements are fully equivalent. 49 CFR Part 26 (the Rule) explicitly provides that the Department must not disregard showings of good faith efforts, and it gives consultants the right to have the Department reconsider a decision that their good faith efforts were insufficient. The Department is prohibited from denying a contract to a consultant simply because it did not obtain enough DBE participation to meet the goal. The Department must seriously consider consultants’ documentation of good faith efforts. To make certain that consultants’ showings are taken seriously, the Rule requires the Department to offer administrative reconsideration to consultants whose good faith efforts showings are initially rejected.

The Rule also ensures flexibility for consultants by requiring that any contract goal be waived entirely for a Offeror that demonstrates that it made good faith efforts but was still unable to meet the goal.

When the Department sets a contract goal, the basic obligation of consultants is to make good faith efforts to meet it. They can demonstrate these efforts in either of two ways, which are equally valid. First, they can meet the goal, by documenting that they have obtained commitments for enough DBE participation to meet the goal. Second, even though they have not met the goal, they can document that they have made good faith efforts to do so. A refusal by the Department to accept valid showings of good faith is not acceptable under the Rule.

The Rule makes clear that the Department is not to use a “conclusive presumption” approach, in which the apparent successful consultant is summarily found to have failed to make good faith efforts simply because another consultant was able to meet the goal. However, the performance of other consultants in meeting the contract can be a relevant factor in a good faith effort determination, in more than one way. For example, when the apparent successful consultant fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful consultant could have met the goal. It does not, by itself, prove that the apparent successful consultant did not make a good faith effort to get DBE participation, however. On the other hand, if the apparent successful consultant fails to meet the goal, but meets or exceeds the average DBE participation obtained by other consultants, the Department may view this, in conjunction with other factors, as evidence of the apparent successful consultant having made good faith efforts.

The fact that some additional costs may be involved in finding and using DBEs is not in itself sufficient reason for a consultant’s failure to meet a DBE contract goal, as long as such costs are reasonable.

If the Department determines that the apparent successful consultant has failed to meet the requirements of a good faith effort, the Department must, before awarding the contract, provide the consultant an opportunity for administrative reconsideration.

The Department intends that the process be informal and timely. The Department will ensure that the process is completed within a brief period (e.g., 5-10 days) to minimize any potential delay in procurements. The consultant will have an opportunity to meet with the reconsideration official, but a formal hearing is not required. As part of this reconsideration, the consultant must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Department’s decision on reconsideration will be made by an official who did not take part in the original determination that the consultant failed to meet the goal or make adequate good faith efforts to do so. The consultant must have the opportunity to meet in person with the reconsideration official to discuss the issues of whether it met the goal or made adequate good faith efforts to do so. The Department will send the consultant a written decision on reconsideration, explaining the basis for finding that the consultant did or did not meet the goal or make adequate good faith efforts to do so. The Department’s reconsideration personnel consists of the Commissioner’s DBE Review Panel.

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It is up to the Department to make a fair and reasonable judgment whether a consultant that did not meet the goal made adequate good faith efforts. It is important for the Department to consider the quality, quantity, and intensity of the different kinds of efforts that the consultant has made. The efforts employed by the consultant should be those that one could reasonably expect a consultant to take if the consultant were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. The Department’s determination concerning the sufficiency of the firm’s good faith efforts is a judgment call: meeting quantitative formulas is not required.

If DBE is prime, they will be allowed to count toward goals the work they commit to performing with their own forces, as well as the work that they commit to be performed by DBE subcontractors. DBE consultants on prime contracts will be expected to make the same outreach efforts as other consultants.

When a DBE participates in a contract, the Department will count only the value of the work actually performed by the DBE toward DBE goals. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. If a DBE firm loses certification, its work no longer counts toward the DBE goal.

All consultants will be required to submit the following information to the Department with the EOI:

• The names and addresses of DBE firms that will participate in the contract;

• A description of the work that each DBE will perform;

• The percentage amount of the participation of each DBE firm participating;

• Written documentation of the Offeror’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal;

• Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and

• If the contract goal is not met, evidence of good faith efforts.

The Department has prepared a list based on Federal Regulations of some of the kinds of efforts that consultants may make in obtaining DBE participation. It is not intended to be a mandatory checklist. The Department does not require that a consultant do any one, or particular combination, of the things on the list, nor is the list intended to be exclusive or exhaustive;

it merely offers examples. Other factors or types of efforts may be relevant in appropriate cases. In determining whether a consultant has made good faith efforts, it will usually be important for the Department to look not only at the different kinds of efforts that the Consultant has made, but also of the timeliness, quantity, and intensity of these efforts.

The Department offers the following examples of efforts that may be considered:

A. Soliciting through all reasonable and available means (e.g., attendance at project showings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The consultant must solicit this interest within sufficient time to allow the DBEs to participate effectively. The consultant must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Offeror might otherwise prefer to perform these work items with its own forces.

C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract.

D. (1) Negotiating in good faith with interested DBEs. It is the consultant’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the

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