3257TP - Laboratory Samplng Services.pdf

RFP 25-14-3257TP Page 1

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS # 25-14-3257TP

Issue Date: February 10, 2025

Title: Laboratory Sampling Services

Commodity Code: 98991 – Water Sampling and Analysis Services

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

7507 Library Drive, 2nd Floor

(Chenault-Weems Bldg.)

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: Department of Public Utilities

Hanover, VA 23069

Period of Contract: From May 1, 2025 through April 30, 2026 (Renewable)

Sealed proposals will be received by the issuing department prior to 12:00 PM (prevailing time), February 26, 2025, for furnishing the services described herein.

County’s preference, submission by uploading (in Adobe.pdf format) proposals to eVA (Virginia’s eProcurement Market

Place). Offers are required to include completed Page 1 (of this RFP), all Attachments, and associated Addenda (if any) as their first few pages of their proposal. For assistance submitting Bids to eVA contact eVA Customer Care at 1-866-289-7367.

All inquiries for information should be directed to: Trena A. Ponton, CPPB, Purchasing Office Senior, taponton@hanovercounty.gov and must be received no later than February 19, 2025.

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

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

This public body does not discriminate against faith-based organizations mailto:taponton@hanovercounty.gov

RFP 25-14-3257TP Page 2

TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. STATEMENT OF NEEDS 3

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 5

4. EVALUATION AND AWARD 8

5. GENERAL TERMS AND CONDITIONS 8

6. SPECIAL TERMS AND CONDITIONS 13

7. ATTACHMENTS 17

RFP 25-14-3257TP Page 3

1. GENERAL INFORMATION

1.1 PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified Offerors to establish a term contract(s) through competitive negotiations for providing laboratory analysis-sample collection services on an “as needed” basis to various Hanover County Department of Public Utilities locations throughout the County in accordance with the requirements herein.

1.2 HANOVER COUNTY GOVERNMENT: The offices of the Board of Supervisors, County Administrator, County Attorney, Commissioner of the Revenue, Treasurer, Registrar, and the departments of Human

Resources, Finance and Management Services, Internal Audit, Assessor, Public Information, and Information

Technology constitute the general government administration of the County. The elected and appointed officials, along with the staff of the various departments, implement the laws and policies of the County by developing and executing the procedures that are necessary to provide general support services to residents of the County.

1.3 DEPARTMENT OF PUBLIC UTILITIES BACKGROUND: Hanover County Department of Utilities (DPU) owns, operates and maintains public water and wastewater systems in the Suburban Service Area. The

Suburban Service Area is the crescent shaped area north of the Chickahominy River, generally between Route

1 and Creighton Road, including the Town of Ashland, Doswell area, Route 33 area near the Henrico County border, and Hanover Courthouse area. The Suburban Service Area is approximately 63,400 acres or 99 square miles. Outside of the Suburban Service Area are five (5) rural residential subdivisions (included collectively, as part of the “System”). The County provides utility service to approximately 23,500 water customers and

23,000 sewer customers.

There are four (4) wastewater treatment plants, one (1) water treatment plants, and a number of community ground water wells. The County holds multiple Virginia Pollutant Discharge Elimination System (VPDES) and Virginia Department of Health (VDH) permits that are associated with these facilities, which require environmental analysis of water, solid waste and wastewater. Accordingly, it is imperative that all analytical data to be accurate and that high Quality Assurance/Quality Control (QA/QC) standards are maintained.

2. STATEMENT OF NEEDS

2.1 The County reserves the right to send individual analyses to a laboratory of its choosing throughout the course of the contract, and may award more than one contract through this solicitation. Analysis/sample collections is preferred to be performed “in-house” at the Contractor’s location. Subcontracting may be permitted only with prior written County approval. Compliance shall meet the following requirements:

A. Laboratories shall be within a 110-mile radius of the Hanover County Government Courthouse Complex

(7516 County Complex Road, Hanover, VA 23069). Subcontracted laboratories or affiliated branches of the Contractor are not subject to the mileage restrictions.

B. Certified as a commercial laboratory by the Commonwealth of Virginia or USEPA, where applicable, for all relevant sample parameters as described. Last audit results must indicate an “acceptable” rating for all constituents to be analysis under the contract. On occasion, the County may allow minimum subcontracting for atypical analysis with prior approval.

C. Ability to demonstrate readiness to obtain and maintain accreditation under 1 VAC 30 Chapter 46 (e.g.

NELAC). This demonstration includes, but not limited to application, status, proficiency testing results and or schedules, audit preparation and expected accreditation timeline.

D. Contractor will have a fully established QA/QC system. Data must be of such quality for use in litigation proceedings or enforcement actions. The Contractor shall assume all responsibility of all associated

QA/QC costs.

2.2 SCOPE OF SERVICES: The Contractor shall provide all inspections, supervision, labor, tools, materials, supplies, equipment, transportation, and recorded documentation, and other related laboratory services to satisfy the requirements under the contract. Chemical, physical, and biological laboratory water analysis/sample collection (environmental samples) services will be determining the presence and concentration of specific analytes in aqueous and non-aqueous sample. Services subject to include, but not limited to testing treatment

RFP 25-14-3257TP Page 4 plant wastewater, screenings, sludge, and industrial/commercial users. Additional testing of raw and finished drinking water, groundwater, air samples, process chemicals and solid waste may be required.

The County “water/wastewater” plants will schedule with the Contractor what and how many samples will be picked up, including when. Services to include but not limited to providing:

A. Physical and biological laboratory related services as required and upon County request in accordance to meet all codes and compliances associated with providing laboratory analysis/sampling testing requirements, and the requirements of the County permitted facilities.

B. Contractor may also be required to sample and analyze commercial discharges for the purpose of monitoring and evaluation of the County’s sanitary sewer collection system.

C. Analytical Abilities:

1. Analyze solid waste and bio-solids (e.g. TCLP, paint filter, solids, metals, etc.)

2. Analyze Wastewater: Priority and non-priority pollutants (EPA approved: 40 CFR part 136 – e.g. series:

USEPA 500, USEPA 600, SW846, USEPA 200, Standard methods, other approved methods) and operational testing.

3. Collect, preserve, and transport samples including composite samples. The County is set up to conduct much of its sampling “in-house”, and has sufficient equipment to meet its needs, therefore, minimal equipment will be required on a regular basis. The County is interested in the laboratory’s ability to assist in special sampling events or programs.

4. Provide special studies (e.g. Toxicity Reduction Evaluation (TREs), benthic studies, etc.).

5. Perform Bioassays utilizing Ceriodaphnia dubia and Pimephales promelas: testing to include both acute and chronic testing on both species.

6. Analyze drinking water related samples (e.g. TOC, SUVA, SOC, DOC, THMs, HAAs, hardness, etc.).

D. Sampling (Includes Sampling for Bio-Monitoring): A 4-20ma signal is usually available for effluent samples and a discrete sampler (24-bottle) required for all other composite sampling. The Contractor assumes all responsibilities associated with lost or damaged samples, including costs for any re-sampling, re-analysis (i.e. equipment set-up, sample collection, handling, etc.).

Appropriate sampling containers for sample collection, labeled and pre-preserved where necessary, required upon request in the event the County delivers sample(s) to the Contractor’s laboratory.

E. Reporting: The Contractor is required to have the capability to provide reporting on a special turnaround timeframe of twenty-four to forty-eight (24* to 48) hours upon County request. All analysis/sampling results (reports) shall be submitted to the County within ten (10*) working days after samples are conducted unless other arrangements and scheduling are approved by the County. In addition, all samples shall comply with USEPA established holding times. Delivery of reports are to the location or facility requesting the analysis/sampling.

Doswell Water Treatment Plant (DWTP): sample results shall be received by the DWTP no later than seven

(7) working days after sample pickup. (Note: the UV-254 samples must be run within 24 hours of collection).

F. Other Responsibilities:

1. Ability to evaluate complex matrices to determine Method Detection Levels (MDLs), Minimum

Quantifications Levels (MQLs), and Practical Quantification Limits (PQLs).

2. In the event required data that is received after a set deadline date as delineated in the VPDES permit, RFP 25-14-3257TP Page 5 and results in violation of any permit or deviate from the aforementioned requirements, the County reserves the right to terminate the contract immediately.

3. Retain of all data generated for no less than five (5) years.

4. Maintain an acceptable level of technological and managerial capabilities (i.e. personnel, facilities, equipment, etc.) to satisfy all requirements herein.

5. The Contractor shall be responsible for all remaining samples and their disposal by approved

USEPA/OSHA procedures.

6. Chain-of-Custody (C.O.C.):

Billing documents are to provide easy tracking by the County, and identified as “C.O.C.”. C.O.C. to include, but not limited to:

• Individual sample ID number(s) and sample type(s)

• Collection location (sites) and facility requesting test(s)

• Date and time, signature of collector

• Signatures of all persons involved in the chain of possession of sample(s), and

• All-inclusive dates of possession.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

A. RFP RESPONSE: To be considered for selection, Offerors must submit a complete proposal to the RFP.

Proposals 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 a proposal, contact eVA Customer Care at 1-866-289-7367.

b. If the Offeror determines that part or parts of its proposal are trade secrets or proprietary information that is not to be open to public inspection, the Offeror must submit an additional copy of its proposal 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 proposal in PDF or DOC format on a USB.

b. If the Offeror determines that part or parts of its proposal 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 proposal 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. PROPOSAL PREPARATION:

1. Proposals 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 proposal.

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

3. Proposals should be contained/organized in a single electronic file to include documentation where practical and in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-letter, and repeat

RFP 25-14-3257TP Page 6 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. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the

Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

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

4. 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 Offerors proposal.

5. 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 proposal document or prequalification application, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time, the

Offeror refuses to withdraw an entire classification designation, the proposal will be rejected. (Refer to Attachments in Section 7)

C. ORAL PRESENTATION: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the County. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. 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 PROPOSAL 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. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

PAGE LIMITATION. Offeror’s proposal should not exceed 25 pages with no smaller than 11-font. Pages with print on the front and back are counted as two pages. Make certain the information addresses the responsibilities/requirements as so identified herein (“Scope of Services and the Criteria for Proposal

Evaluation). Note: Page 1 of this RFP (“signature page”), attachments identified in Section 7, all addenda acknowledgements (if any) are to be completed and included as the Offeror’s first few pages of their proposal response. Required pages such as sample insurance certificates (“COI”), copies of certifications and licenses, etc. are NOT subject to the page limitation.

A. Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

B. Complete and return Attachments listed in Section 7.

RFP 25-14-3257TP Page 7

C. A written narrative statement providing:

1. A brief summary of the Offeror’s laboratory analysis/sample collection services (with a focus on services provided to other governmental entities), years’ experience for each analytical method, evidence of state certification(s) and evaluation(s), and other services and requirements associated with providing the services requested. Upon request, a copy of the Offeror’s last audit or inspection report/results for all constituents described.

2. Key personnel and associated credentials of those individuals responsible for collections, preservations, handling and analysis of County samples.

3. Verification that the Offeror’s laboratory is within an 85-mile radius of the Hanover County

Government Courthouse Complex.

4. Provide a complete description of the proposed methodology and implementation for providing the required services.

a. Describe how the Offeror propose to approach TRE and the development of MDLs, MQLs and

PQLs.

b. Description of: data handling capabilities, analytical equipment, QA/QC system, GC/MS library, LIMS, etc.

c. Verification (signature and statement) all services identified can be and shall be met, and all equipment and O&M manuals are up to date, properly maintained, and utilized for their purpose.

d. Confirmation all sampling and analytical work to be conducted “in-house” as required. Identify subcontractors and associated work when certain tests requires outsourcing.

e. Duplicate/back-up instrumentation availability (e.g. GC/MS for Volatile Organic Compounds

(VOCs), duplicated system for Acid/Base/Neutrals).

f. Sampling containers provided on request. Include information detailing the appropriate sampling container(s), including method of delivery and pick-up.

4. Provide a timeline and schedule for completion of the services identified within this request, highlighting critical points in the process.

5. Describe in detail your ability to provide support service and to what extent support will be provided or made available.

6. Describe qualifications to provide the services needed for successfully providing the services or which are relevant to selection. This should include information on how to approach TRE and development of MDLs, MQLs, and PQLs, and list of vehicles, instrumentation, samplers, bench space per technician, LIMS capability, equipment lists, and staffing levels.

7. Identify all materials and services expected from the County in addition to general assistance.

8. If applicable, should the Offeror have Terms of Services that apply to any online activity (i.e. hosted, online, portal, website, support site, etc.) that are required to use or support the product and or services being offered.

D. Costs/Fees: Offerors shall include all pages associated with Attachment A, Cost Evaluation.

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4. EVALUATION AND AWARD

4.1 EVALUATION CRITERIA: Proposals shall be evaluated by the County using the following criteria:

Criteria Weight

• Qualifications and Experience 45

• Proposed Methodology, including:

QA/QC capabilities, forms starting with sampling “chain of custody” through final reporting, data handling programs (e.g. LIMS), analyzing target analytes by USEPA methods using: AA, GC/MS, GC, ICAP, HPLC, etc., in place “working and operational” instrumentation.

• Price/Fees: Information provided in Attachment A, Cost Evaluation 20

Total 100

4.2 AWARD TO MULTIPLE OFFERS: Following evaluation of the written proposals as submitted, selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP. Negotiations shall then be conducted with each of the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the County shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror, or to multiple Offerors should the County decide this to be in its best interest. The County may cancel this RFP or reject proposals at any time prior to an award, and it not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the

County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

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 proposal 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 this solicitation 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 in eVA (https://eva.virginia.gov) for a minimum of 10 days.

5.4 ANTI-DISCRIMINATION: By submitting their proposals, 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 https://eva.virginia.gov/ https://eva.virginia.gov/

RFP 25-14-3257TP Page 9 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.

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:

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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. During the performance of this contract, 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 proposals, Offerors certify that they are not currently debarred by the County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

5.15 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, 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.

5.18 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Offerors certify that their proposals 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 proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any

RFP 25-14-3257TP Page 11 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 proposal on the official County form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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 proposal; 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).

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.

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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. Construction Contracts:

1. The Contractor shall be liable for the entire amount owed to any subcontractor with which it contracts, regardless of whether the Contractor has received payment from the County under the contract.

a. The Contractor is not liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

b. In the event the Contractor withholds all or a part of the subcontractor’s payment under the contract, the Contractor shall notify the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment, with the reason for nonpayment.

c. The Contractor’s receipt of payment from the County shall not be a condition precedent to the

Contractor’s payment to the subcontractor for amounts owed.

2. Any provision in this contract contrary to subdivision 1 of this section shall be unenforceable.

D. 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 in this solicitation, the

Special Terms and Conditions 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

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Offeror’s capabilities. The County further reserves the right to reject any proposal 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 proposal, 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.

B. Unless specified otherwise in the contract, the Contractor shall pay all royalty and license fees relating to the items covered by the contract.

C. In the event any third party shall claim that the manufacture, use and sales of these goods offered hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any manner by the County on account of such alleged infringement.

5.30 SEVERABILITY: Each paragraph and provision of the resultant contract will be severable from the entire agreement and if any provision is declared invalid, the remaining provisions shall remain in effect.

5.31 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of

Virginia § 2.2-4311.2 subsection B, a Offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Indicate the above information on the SCC Form provided (Attachment B). Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

5.32 TAXES: The County is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Contractor shall pay all County, City, State and Federal taxes required by law enacted at the time proposals are received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be added to the contract price between the

County and the Contractor, as the taxes shall be an obligation of the Contractor and not of the County, and the

County shall be held harmless for same by the Contractor. Exemption certification will be supplied upon request.

5.33 TERMINATION FOR CONVENIENCE: Unless otherwise stated, any resultant contract may be terminated, in whole or in part, whenever the County determines that such a termination is in its best interests. Any such termination shall become effective on the date stated in a written notice of termination to the Contractor sent at least five days prior to the stated termination date. The notice of termination shall state the extent to which performance shall be terminated. The Contractor shall be paid for all goods delivered or services successfully completed prior to the termination date.

5.34 TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

6. SPECIAL TERMS AND CONDITIONS

6.1 CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party.

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Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and-or perform on all outstanding orders issued prior to the effective date of cancellation.

6.2 CONTRACTOR’S QUALIFICATIONS/PERFORMANCE REQUIREMENTS: The Contractor shall have a minimum five (5) years’ experience with the capability, capacity, and properly trained and skilled personnel who have complete knowledge of all aspects, including applicable restrictions associated with performing the work for government entities and public-school boards to satisfactorily perform the required services. The

Contractor agrees and covenants that he/she and his/her agents and employees will comply with all County, State and Federal laws, rules and regulations applicable to the business to be conducted under this contract, and shall conduct themselves in an efficient, effective, and courteous professional workmanlike manner that provides the highest qualify work equal to or better than industry standards. The Contractor shall secure all necessary permits for the proper execution and completion of the work. The Contractor will ensure that its employees shall observe and exercise caution and discretion necessary to avoid injury to person or damage to property of any and all kinds. The Contractor shall cooperate fully with the County in performing the work to ensure that interference with normal operations will be held to a minimum. All apparatus, buildings, grounds, appurtenances and furnishings shall be protected by the Contractor from damage which might be done or caused by work performed under this contract. Any damage caused directly or indirectly by the Contractor, agents, or suppliers shall be repaired and-or replaced at the expense of the Contractor by methods approved by the County to restore the damaged area(s) to its original condition. Such repairs shall be deemed acceptable only after inspection and approval by the County. The County reserves the right to inspect work in progress as well as make final inspection to approve completed work.

For security reasons, the Contractor must show appropriate identification (i.e. company ID, badge, card, driver’s license, or uniform) to perform work in or around county facilities, buildings, schools, and other county structure/infrastructure.

6.3 CONTINUITY OF SERVICES:

A. The Contractor recognizes that the services under this contract are vital to the County and must be continued without interruption and that, upon contract expiration, a successor, either the County or another Contractor, may continue them. The Contractor agrees:

1. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

2. To make all County owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

3. That the County shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

B. The Contractor shall, upon written notice from the County, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the County’s approval.

C. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from…