RFP 27-27-3365NS Page 1

HANOVER COUNTY, VIRGINIA

REQUEST FOR PROPOSALS # 27-27-3365NS

Issue Date: August 28, 2026

Title: Consulting Services – Employee Benefits Program

Commodity Code: 91840 – Employee Benefits Consulting

Issuing Department: Hanover County, Virginia

Finance and Management Services Department/Purchasing Division

7507 Library Drive

P.O. Box 470

Hanover, VA 23069-0470

Location Where Service Hanover County, Virginia

Will be Provided: Human Resources and Finance Departments

Period of Contract: A year after date of award (Renewable)

Sealed proposals will be received by the issuing department prior to 2:00 PM, September 23, 2026, for furnishing the services described herein.

It is preferred that responses to this solicitation be submitted electronically. For guidance on how to submit your proposal, go to https://eva.virginia.gov/eva-vendor-training.html and select the “Respond to IFBs-RFPs and more” PDF located under the heading “Find and Respond to Virginia Business Opportunities (VBO)”.

All inquiries for information should be directed to: Niyoka Stewart, Contract Manager, (804)365-6061 or nlstewart@hanovercounty.gov and must be received no later than five (5) working days before the due date.

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

Name and Address of Firm:

Date:

By:

Name:

Signature in Ink

Title:

Please Print eVA Vendor ID Telephone No.

E-mail Address: FAX No.

This public body does not discriminate against faith-based organizations https://eva.virginia.gov/eva-vendor-training.html mailto:nlstewart@hanovercounty.gov

RFP 27-27-3365NS Page 2

TABLE OF CONTENTS

1. GENERAL INFORMATION 3

2. SCOPE OF SERVICES 3

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 4

4. EVALUATION AND AWARD 6

5. GENERAL TERMS AND CONDITIONS 6

6. SPECIAL TERMS AND CONDITIONS 12

7. ATTACHMENTS 14

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1. GENERAL INFORMATION

1.1 PURPOSE AND INTENT: The purpose and intent of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations to provide Hanover County Government, Hanover County Public Schools, Pamunkey Regional Jail Authority and Pamunkey Regional Library (hereinafter referred to as County) benefits consulting services. The consultant will assist County staff in the selection and monitoring and strategic planning of benefit programs that are currently offered, or may be offered in the future, to

County employees and retirees. The County is interested in a firm with a demonstrated record of taking a creative, innovative approach to the rising costs of health care and employee benefits, while maintaining fiscal responsibility.

1.2 OFFERED EMPLOYEE BENEFITS EFFECTIVE JANUARY 1, 2021:

BENEFIT PROVIDER

NEXT ANTICIPATED

SOLICITATION

Dental Insurance Delta Dental of Virginia Spring 2031

Health Insurance and High Deductible

Health Plan (HDHP) Spring 2027

Vision Vision Service Plan Spring 2027

Pharmacy Spring 2027

Health Clinic and Wellness Program Marathon Health Fall 2027

Medicare Supplemental Insurance

(Retiree Coverage)

Humana Spring 2029

Deferred Compensation Plans Empower Spring 2028 ??

1.3 BENEFIT ELIGIBLE EMPLOYEES (APPROXIMATE):

Designation Employees Benefit Eligible Employees

Hanover County School Board 3262 2571

Hanover County Government (Includes Pamunkey

Regional Jail Authority and Pamunkey Regional Library) 2100 1,459

2. SCOPE OF SERVICES

2.1 Offerors should have experience with Virginia local governments and school divisions related to benefits consulting within the past three (3) years. Experience should include providing proactive assistance with information and solutions on relevant compliance topics such as ACA and other regulatory services required to obtain and maintain a competitive benefits program.

2.2 The services provided by the Contractor should include:

A. Provide benefits information to enable the County to make effective decisions in developing an Employee

Benefits Program that is comprehensive and meets established objectives with respect to cost and competitiveness with the goal of attracting and retaining employees while ensuring ongoing financial stability of the self-insurance fund This includes providing regional peer comparisons, plan utilization, detailed claims data by plan and tier, and wellness program data as well as assessing overall program design and identifying suitable benchmarks.

B. Engaging employees and stakeholders improved communication and education. Advise and assist the

County with Benefit Plan communications during benefits enrollment and as regulatory changes occur.

Advise and assist the County, as necessary or requested, in developing, implementing and conducting the annual benefit sign up (open enrollment).

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C. Facilitate and help to create a comprehensive benefits strategy that changes over time and ensures the

County remains competitive among regional peers and achieves ongoing financial stability.

D. Assist and advise the County in drafting, reviewing, issuing, evaluating and negotiating request for proposals to include identification of appropriate markets, review for accuracy of coverage, compliance, terms and conditions.

E. Analyze vendors’ proposals and provide a written assessment based upon the County’s selection criteria and timeframe.

F. Evaluate and monitor vendor’s partnership effectiveness and ROI. Assist and advise the County in resolving issues with benefit carriers.

G. Provide timely notification of, and assistance with, understanding and implementing new, updated or revised benefits, laws, regulations and programs including alerting the County regarding any employee communication deadlines or communication issues, and provide sample documents that may be used to notify employees and/or retirees of any of these changes.

H. Conduct bi-monthly meetings to review the current state of the offered benefit programs with the Human

Resources Department staff, other County and School Executives, Purchasing, and other persons as deemed necessary.

I. Produce financial forecast reports, including annual fiscal year budget development, for the County’s self-insured medical plan, incorporating claim history as well as marketplace trends in the projection.

Additionally, assist the County in developing premium models and recommendations for establishing annual premium rates.

J. Data analytics to address:

1. Support and functionality of the Data Warehouse

2. Provide analysis of claims expenditures for accuracy and return on investment by type of service received.

3. Provide analysis of claims expenditures by plans and tiers offered and propose changes in benefit design or monthly premium cost to support the long-term benefit strategy

K. Review of high claims trend and costs drivers.

L. Review of employee clinic usage, cost and impact on overall claims experience to determine return on investment.

M. Review of wellness programs usage, cost and impact on overall claims experience to determine return on investment. Provide wellness support as needed to ensure the County’s program is effective.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

A. RFP Response: In order to be considered for selection, Offerors must submit a complete response to the

RFP. Proposals may be submitted electronically through eVA or by U. S. Mail, overnight service or hand delivery.

1. Electronically through eVA

a. For guidance on how to submit a bid, go to https://eva.virginia.gov/eva-vendor-training.html and select the “Respond to IFBs-RFPs and more” PDF located under the heading “Find and Respond to Virginia Business Opportunities (VBO)".

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 https://eva.virginia.gov/eva-vendor-training.html

RFP 27-27-3365NS Page 5 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 CD or 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 CD or 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 organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-letter, and repeat the text of the 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. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

6. 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

RFP 27-27-3365NS Page 6 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.

(Reference Attachment C)

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: 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:

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.

C. A written narrative statement to include:

1. A listing and detailed explanation of services to be provided.

2. Experience of the Offeror, Offeror’s staff and subcontractors in providing the proposed services.

D. Annual lump sum fee for proposed services.

4. EVALUATION AND AWARD

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

Criteria Weight

Services being offered to include demonstrated understanding of applicable laws and regulations

Experience and technical expertise of Offeror, Offeror’s staff and subcontractors. The

County prefers an Offeror with School Divisions and other governmental clients in

Virginia.

Annual fee for services 20

4.2 AWARD: 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. 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 www.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

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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 on the DGS/DPS eVA VBO website

(www.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 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.

http://www.eva.state.va.us/

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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:

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 written notice as required by the NOTIFICATION clause, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

5.16 DEFINITION OF COUNTY: The Purchasing Division of the Finance and Management Services Department

RFP 27-27-3365NS Page 9 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 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 FINANCIAL STATEMENTS: All Offerors, by submission of a response to this solicitation, agree to provide the County, within 10 calendar days of the County’s request, a copy of its most recent audited financial statement(s), and those of any of its parent companies and/or subsidiaries having material influence on the goods/services provided, or to be provided, under the resultant contract with the County. The financial statement(s) shall be accompanied by a letter signed by, as applicable to the type of business, a corporate officer, partner, or owner, stating that the accompanying financial statement(s) is/are complete and is/are the most recent audited financial statement(s) available. The financial statement(s) shall be provided at no charge to the County, and the County shall be under no obligation to return the financial statement(s). The Contractor chosen as a result of this solicitation shall include this same provision in the contracts of all subcontractors and any other entity providing goods or services related to the County contract, so as to guarantee the County’s rights to obtain financial statements. Should the Contractor fail to ensure the County’s rights under this section, the Contractor shall be liable to the County for all reasonable costs and expenses the County may incur in obtaining financial statements which would have otherwise been available under the provisions of this section.

5.20 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.

5.21 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.

5.22 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

RFP 27-27-3365NS Page 10 permanently described by the Contractor on the materials, goods or equipment delivered. The County will not agree to indemnify the Contractor.

5.23 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.

5.24 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.

5.25 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.

5.26 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.

5.27 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.

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

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

2. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month

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

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

5.28 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.

5.29 QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the

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

5.30 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.

5.31 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.

5.32 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.

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5.33 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.

5.34 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.

5.35 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.

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 CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Contractor assures that information and data obtained as to personal facts and circumstances related to inmates will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the County’s written consent and only in accordance with federal law or the Code of Virginia.

Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the County of any breach or suspected breach in the security of such information. Contractors shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

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 phase-in, phase-out operations)

RFP 27-27-3365NS Page 13 and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the County in writing prior to commencement of said work.

6.4 COOPERATIVE PROCUREMENT: In the event a contract is awarded from this solicitation, it may be used by other public bodies as allowed by Code of Virginia, § 2.2-4304. The Contractor shall deal directly with any public body it authorizes to use the contract. Hanover County, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of the contract. Hanover County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

6.5 IDENTIFICATION OF PROPOSAL ENVELOPE: If not submitted electronically, the signed proposal should be returned in a separate envelope or package, sealed and identified as follows:

From:

Name of Offeror

Due Date Time

RFP #21-27-2950SR Street or Box Number

City, State & Zip Code

The envelope should be addressed as directed on Page 1 of the solicitation.

The Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

6.6 INSURANCE REQUIREMENTS: The Contractor shall furnish a copy of a certificate of insurance in accordance with the requirements set forth below before the County will issue a Purchase Order. The Contractor shall be responsible for maintaining current certificates of insurance on file with the County. The Contractor shall be required to maintain in force such insurance, in amounts and types acceptable to the County, as will protect itself and the County from claims which may arise out of or result from the execution of the work, whether such execution be by itself, its employees, agents, subcontractors or by anyone for whose acts any of them may be liable. All insurance shall be provided by companies authorized to conduct business in the

Commonwealth. Insurers should have a rating of “A-”, Class VII, or better, in the latest evaluation of A. M.

Best Company, or as otherwise approved by the County. The Contractor shall maintain during the initial term and any additional terms of the contract the following equivalent coverage and minimum limits:

A. Commercial General Liability $1,000,000 Combined Single Limit per Occurrence: The Commercial

General Liability policy should name the additional insured as follows: the Hanover County Board of

Supervisors and its elected and appointed officials, officers, consultants, agents and employees, and affiliate or subsidiary boards.

B. Automobile Liability $1,000,000 Combined Single Limit per Occurrence

C. Worker’s Compensation: Statutory Limits of the Commonwealth of Virginia

D. Employers’ Liability $500,000 Accident, $500,000 Disease & $500,000 Policy Limit

E. Umbrella Liability $1,000,000 per Occurrence

F. The certificate holder should be listed as:

Hanover County and Hanover County Public Schools

P.O. Box 470

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Hanover, VA 23069-0470

6.7 RENEWAL OF CONTRACT: This contract may be renewed by the County for four (4) successive one (1) year periods under the terms and conditions of the original contract except as stated in A and B below. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

A. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one hall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the United States Bureau of Labor

Statistics, Consumer Price Index – Urban Wage Earners and Clerical Workers U.S. City Average for the latest twelve (12) months for which statistics are available.

(http://data.bls.gov/timeseries/CWUR0000SA0?output_view=pct_12mths).

B. If during any subsequent renewal periods, the County elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the United States

Bureau of Labor Statistics, Consumer Price Index – Urban Wage Earners and Clerical Workers U.S. City

Average for the latest twelve (12) months for which statistics are available.

6.8 SUBCONTRACTS: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

7. ATTACHMENTS

Attachment A - Vendor Data Sheet

Attachment B - Virginia State Corporation Commission Registration Information

Attachment C - Proprietary/Confidential Information Identification

Attachment D - Contractor Certification Relating to Background Checks

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ATTACHMENT A

VENDOR 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:

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/services. Include the length of service and the name, address and telephone number of the point of contact.

Company: Contact:

Phone: Email:

Project:

Dates of Service: $ Value:

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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 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) 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 §…