5-IFB 2000004272.pdf

IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED ELECTRONICALLY VIA

THE BONFIRE PORTAL (https://fairfaxcounty.bonfirehub.com)

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating bids. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at Support@GoBonfire.com. Bidders must register in the Bonfire portal in order to download the IFB documents and submit a response to this

IFB.

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

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

https://fairfaxcounty.bonfirehub.com/ https://fairfaxcounty.bonfirehub.com/ https://bonfirehub.zendesk.com/hc

IFB 2000004272

SPECIAL PROVISIONS

1. SCOPE:

1.1. The purpose of this Invitation for Bids (IFB) is to establish a contract or contracts for the provision of Bell 429 Helicopter Repair Parts, Tools, and Services, on an as-needed basis, for the County of Fairfax, to meet the operational and maintenance needs of the Fairfax County Police Department’s Helicopter Division.

1.2. The successful bidder(s) shall furnish all travel, labor, supervision, materials, equipment, parts, and services necessary to provide high-quality, timely, and FAA-compliant support for Bell 429 helicopter maintenance and repair.

1.3. Bidders must include the following items with their bid submission:

• DPMM Cover Sheet (Signed)

• Attachments A1 – A4

• Pricing Schedules

Failure to provide these required items may result in rejection of the bid as non-responsive.

2. BACKGROUND:

2.1. The resulting contract(s) will replace current contract #4400010316, which expires on

January 31, 2026.

2.2. Prospective bidders are encouraged to review the current contract for reference by visiting the Fairfax County Contract Register at https://www.fairfaxcounty.gov/cregister and searching for contract number 4400010316.

3. Technical Specifications:

3.1. Parts and Materials

▪ All parts procured under this contract must be direct from the manufacturer or their designated representative.

▪ Parts must be new unless overhauled to manufacturer’s specifications and warranted.

Overhauled parts may only be provided with written approval from the County.

3.2. FAA and Manufacturer Compliance

▪ Bidders must hold current FAA approval and possess the following current manuals and catalogs:

• Bell Helicopter 429 Illustrated Parts Breakdown (IPB)

• Pratt & Whitney Illustrated Parts Catalog (IPC).

3.3. Tools and Equipment

• Tools provided must meet manufacturer’s specifications, though they may be machined outside of the manufacturer if compliant.

3.4. Delivery Location

• Deliveries will be made to the Fairfax County Police Heliport, 4604 West Ox Road, Fairfax, VA

22030,.

3.5. Pricing and Discounts

• Discounts shall be stated as a single percentage applicable to catalog or list prices.

• Emergency overnight delivery costs must be specified and confirmed at time of order.

3.6. Technician Certification Requirements

All technicians who operate or repair Fairfax County helicopters must hold current certifications in:

• Bell 429 Field Maintenance Course

• Bell 429 Integrated Avionics Systems Course https://www.fairfaxcounty.gov/cregister

• On Staff Pilot to assist with ground runs or flight tests of the Bell 429

3.7. Service and Maintenance Requirements

• Contractor must be capable of dispatching up to two qualified maintenance personnel to the County Heliport (26VA) within 24 hours of request.

• Contractor must be capable of delivering parts 24/7/365 including holidays and weekends

• The Helicopter Division Director of Maintenance shall be permitted to oversee and/or perform maintenance at the contractor’s facility.

• Contractor must maintain access to all necessary equipment and tools required for complete and proper Bell 429 repair and maintenance.

• Contractor shall have access to a trailer to transport aircraft that are in a non-airworthy condition.

3.8. Experience Requirements

Bidders must demonstrate hands-on experience with Bell 429 helicopters in the following areas:

1. Maintenance inspections

2. Scheduled maintenance

3. Engine change/overhaul

4. Avionics installation

5. Legacy system upgrades and integration

6. Exterior painting

7. Track and balance

8. Blade removal and reinstallation

9. Mast removal and reinstallation

10. Main rotor control removal

Reference Checks: Bidders shall complete Attachment A-1, Bidder Data Sheet and return with their bid. Bidders shall provide at least three (3) references for customers where similar Bell 429 helicopter maintenance or support services have been provided. References should not include Fairfax County. The County reserves the right to review its own records of past performance with any bidder.

4. PERIOD OF CONTRACT:

4.1. The period of this contract shall be five (5) years, beginning February 1, 2026, through January 31, 2031, WITH NO RENEWALS.

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

5. PRICES AND PRICE ADJUSTMENT:

5.1. All prices and/or discounts shall be F.O.B. Destination and shall include all charges that may be imposed in fulfilling the terms of this contract.

5.2. All percentage discounts provided on the Pricing Schedule or submitted by the bidder will remain firm throughout the term of the contract.

5.3. Labor rates specified by the bidder shall include all direct and indirect overhead costs including but not limited to general, administrative, shop supply, or environmental/hazardous waste fees. Labor rates will be paid on the basis of time at the site.

5.4. Any Bidder that enters $0 or N/A in a pricing blank or leaves it blank shall be considered nonresponsive.

5.5. The Contractor agrees that for unit price contracts, prices shall remain firm for 365 days. Price increases are only given at the discretion of the Purchasing Agents and are not to exceed 3% or the annual percentage increase of the Consumer Price Index for all Urban customers (CPI-U); U.S. city average; all items, not seasonally adjusted for the latest twelve months for which the statistics are available, whichever is less.

5.6. If pricing is amended, new price changes for any items are not allowed to go into effect until another 365-day period has passed.

5.7. Contractor shall give not less than 30 days advance notice of any price increase to the purchasing office. The Contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. The Contractor is further advised that decreases which affect the cost of materials are required to be a minimum, (1) the cause for the adjustment; (2) proposed effective date;

and, (3) the amount of the change requested with documentation to support the requested adjustment.

5.8. Price decreases shall be made in accordance with paragraph 40 of the General Conditions and Instructions to Bidders.

5.9. Should the successful bidder be required to travel, travel must first be approved in writing by the Fairfax County Helicopter Division Director of Maintenance. Travel expenses will be reimbursed by the County according to the then current Fairfax County Department of Finance’s travel/training guidelines. Backup documentation will be required in order to be reimbursed.

6. ESTIMATED QUANTITIES/PROJECTED REQUIREMENTS:

6.1. The quantities specified in this solicitation are estimates only and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period. Waiver of ten percent (10%) limitation in paragraph 28, General Conditions and Instructions to Bidders, is acknowledged.

6.2. Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise. Please refer to the Special Provisions paragraph entitled, METHOD OF ORDERING.

7. DELIVERY/TIME OF PERFORMANCE:

7.1. Fairfax County requires that delivery be made at destination within the shortest time frame possible.

Delivery is required within two (2) weeks after receipt of order (ARO) for Items called out in Part 1 of the Pricing Schedule. Items listed in Part 2 of the Pricing Schedule shall be delivered within 180 days

ARO.

7.2. Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise. Refer to Special Provisions Section: 18. Method of Ordering.

7.3. The place of delivery of items ordered under this contract shall be agreed upon between the authorized representative placing the order and the Contractor at the time the order is placed.

Deliveries will be made to various locations in Fairfax County between the hours of 6:30 AM to 4:30 PM. on regular County business days unless other arrangements have been made. Vendor or Carrier is responsible for unloading all merchandise and placing at ground level.

7.4. The County may pick up orders from the vendor when it is in the best interest of the County. In these instances, the Contractor shall release the materials only to the designated representatives of the County Agency authorized to place and pick up orders.

7.5. Shipping will be paid by the successful bidder for all non-expedited deliveries. The County may authorize the contractor to expedite deliveries through air freight, UPS, transit bus or other method for speedy delivery of critical parts. This authorization will only be granted on an exception basis. The County will pay the cost of special shipping.

7.6. Should any order take longer than the stated delivery time listed in the above sections, notification must be provided before the original time has expired so that County personnel can pursue other options to procure the item in an agreeable timeframe.

8. QUOTATION LIMITATION:

8.1. Bidders shall offer only ONE PRICE AND/OR DISCOUNT for each line item bid. No alternatives will be accepted, unless requested by the County. If an “or equal” item is to be bid, the bidder must select the brand and type that meets or exceeds the specified item and submit their bid for that item. A discount price offered for a quantity purchase of the brand and type would not be considered a limitation; however, only the unit price requested will be considered in award.

9. INTERPRETATION OF BID:

9.1. Any questions pertaining to this solicitation shall be directed to:

Zabiullah Wahedi Contract Specialist II Department of Procurement & Material Management 12000 Government Center Parkway, Suite 427 Fairfax, Virginia 22035-0013 Telephone Number: (703) 324-4149 E-mail: Zabiullah.wahedi@fairfaxcounty.gov

10. PRODUCT INFORMATION:

10.1. For “or equal” items, the bidder is responsible for clearly and specifically identifying the product being offered and enclosing complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the County to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered non-responsive.

11. SUBMISSION OF BIDS:

11.1. Proposal submissions and registration are free of charge. Offerors can register for a free account at: https://fairfaxcounty.bonfirehub.com, which will be required when preparing a submission. Documents may be uploaded at any time during the open period. The official time used for receipt of proposals/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at Support@GoBonfire.com or click on the link “Contact Bonfire Support here” under Need Help?. (Note: it takes an average of 16 minutes to an hour for a response).

Therefore, offerors shall take the necessary steps to submit their proposals in advance. For technical questions related to a submission contact Bonfire at support.bonfire@eunasolutions.com or click on the link “Contact Bonfire Support here” under Need Help? (Note: it takes an average of 16 minutes to an hour for a response). Therefore, offerors shall take the necessary steps to submit their proposals in advance.

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

11.3. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

EUNA Customer Hub using the following link:

https://customer.eunasolutions.com/public/s/ Alternatively, you can find it easily by searching “Euna Customer Support” on Google, which will take them here. Just click on the “Powered by Bonfire” link, and it will take you directly to the Hub. Through this portal, vendors can:

• Access support articles "Knowledge Base"

• Submit a support ticket Updated articles are now available through the new Hub:

1. Vendor Registration

2. Creating and Uploading a Submission

3. Video that walks through the above processes: vendor-registration-and-submission-video

11.4. It is the Offeror's responsibility to clearly identify and to describe the services being offered in response to the Request for Proposal. Offerors are cautioned that organization of their response, as well as thoroughness is critical to the County's evaluation process. The IFB forms must be completed legibly and in their entirety;

and all required supplemental information must be furnished and presented in an organized, comprehensive and easy to follow manner.

11.5. Unnecessarily elaborate brochures of other presentations beyond that sufficient to present a complete and effective proposal is not desired.

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

12. ADDENDA:

12.1. Bidders are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda shall be signed and submitted as instructed on the addenda.

12.2. The last day to submit question to be addressed in the addendum will be addressed in

Bonfire under “Questions Due Date.” All questions pertaining to this bid shall be submitted to dpmmteam1@fairfaxcounty.gov. Notice of addenda will be posted on eVA and Bonfire.

It is the Bidder’s responsibility to monitor the Bonfire portal for the most current addenda at https://fairfaxcounty.bonfirehub.com.

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13. BID OPENING:

13.1. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly, and made available for inspection as provided in Paragraph 63 of the General Conditions and Instructions to Bidders. Bidders may view the bid opening on December 15, 2025, at 02:00P.M. eastern time by Microsoft Teams web conferencing.

In order to join bidder must register using the following link:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 227 581 350 255 7 Passcode: gX2NC3rw

Dial in by phone +1 571-429-5982,,297291966# United States, Washington Find a local number Phone conference ID: 297 291 966# For organizers: Meeting options | Reset dial-in PIN

A copy of the record/bid tabulation shall be made available on the DPMM website at http://www.fairfaxcounty.gov/procurement/bid-tab/.

14. BID EVALUATION/CONTRACT AWARD:

14.1. Items listed on the Bid Tables provided in Bonfire will be awarded to the lowest responsible and responsive bidder. The County reserves the right to award the contract in the aggregate, by line item, or by part, and to make a Primary and Secondary award, based on the best interest of the County.

14.2. Where basis of award is "discount from Price List”, the Price List Sheets shall be the currently published National Standard Manufacturer's Price Lists. Each Bidder shall quote the percentage of discount from the Price List cited above and should furnish a copy with their bid submission. The percentage discount, bid by each bidder, must be a single percentage discount applicable to all PARTS and/or EQUIPMENT items. The percentage discounts shall remain firm for the duration of the contract.

15. BID ACCEPTANCE PERIOD:

15.1. Any bid in response to this solicitation shall be valid for 90 days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

16. WARRANTY:

16.1. Warranties shall be manufacturer’s standard and shall be inclusive of any other warranty requirements which may be stipulated elsewhere herein.

16.2. Bidders shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solutions to problems arising from warranty claims. Bidders agree to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

16.3. Warranty claims shall be processed in a timely manner, not to exceed 3 business days after pickup from a County facility. If any issues arise that would exceed this limit, vendor must inform the County facility before the 3 days expire.

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17. CONTRACT INSURANCE PROVISIONS

17.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith.

The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

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

a. Maintani statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

b. The Contractor agrees to maintain Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the

Contractor, its subcontractors, and the interest of the County, its officers, employees, and agents against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

The General Liability insurance shall include the Broad Form Property Damage endorsement, in addition to coverages for explosion, collapse, and underground hazards, where required. Completed operations liability endorsement shall continue in force for three years following completion of the contract.

c. The Contractor agrees to maintain owned, non-owned, and hired Automobile

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

General Liability policy. The Garage Keeper's Liability coverage shall also be maintained where appropriate.

d. Contractor agrees to maintain Contractors Liability insurance in the amount of $1,000,000 per occurrence/aggregate to insure against loss due to liability imposed upon an owner/Contractor for acts arising out of the operations of independent Contractors/subcontractors or out of an owner's/Contractor's supervisory activity.

17.3. Liability Insurance "Claims Made" basis:

a. If the liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions.

The limit of liability and the extensions to be included as described previously in these provisions, remain the same.

b. The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

17.3.1. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

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

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

17.3.4. Hold harmless and Indemnification: Article Error! Reference source not found. of the General Conditions and Instructions to Bidders shall apply where DPSM form is used. If not, following paragraph shall be inserted:

"The Contractor hereby agrees to indemnify and hold harmless Fairfax County, Virginia, its officers, agents and all employees and volunteers, from any and all claims for bodily injury, and personal injury and/or property damage, including cost of investigation, all expenses of litigation, including reasonable attorney fees, and the cost of appeals arising out of any claims or suits which result from errors, omissions, or negligent acts of the Contractor, his subcontractors and their agents and employees".

17.3.5. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein.

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

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

17.4. No change, cancellation, or non-renewal shall be made in any insurance coverage without a

30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.

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

17.6. Contractual and other liability insurance provided under this contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the County from supervising and/or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors.

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

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

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

17.10. The County, its officers and employees shall be named as an "additional insured" in the

Automobile and General Liability policies and it shall be stated on the Insurance Certificate that this coverage "is primary to all other coverage the County may possess

18. METHOD OF ORDERING:

18.1. The County may use two (2) different methods of placing orders from the final contract:

Purchase Orders (PO’s) and approved County procurement cards.

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

18.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax County Public Schools “Procurement” Card. The Procurement card is currently a MasterCard. Contractors are encouraged to accept this method of receiving orders.

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

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

19. CORRESPONDENCE:

19.1. All communications between the parties relating to material contractual issues shall be through the Contract Specialist and must be in writing to be deemed binding.

20. ADDITIONS/DELETIONS:

20.1. The County reserves the right to add similar items/services or delete items/services specified in the resultant contract as requirements change during the period of the contract.

Fairfax County and the Contractor will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

21. CANCELLATION OF ORDERS:

21.1. Time is of the essence in furnishing the items ordered. The County reserves the right to cancel the order and/or to refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

22. SALES/DELIVERY TICKETS:

22.1. All orders placed under this contract for delivery placed by PO or Procurement Card or for pick up by an authorized representative, shall be supported by the Contractor's Sales/Delivery Ticket. The Contractor's Sales/Delivery Ticket shall include the following information:

22.1.1. Contractor's Name

22.1.2. Credit Card Order Number or Purchase Order Number

22.1.3. Contract Number

22.1.4. Date of Purchase

22.1.5. Itemized list of supplies furnished

22.1.6. Quantity, unit price and extension of each item, and total, less any applicable trade discount in accordance with the Contract.

22.1.7. Name of authorized representative ordering the supplies

22.1.8. Name of Fairfax County Agency receiving the supplies

22.2. In all instances, the Contractor will prepare a Sales/Delivery Ticket, regardless of whether delivery is made by the Contractor or a Fairfax County representative picks up an order at the Contractor's place of business. The Contractor's Sales/Delivery Ticket will be signed, by the Fairfax County representative, with a copy being retained by the Contractor.

23. INVOICING PROCEDURE:

23.1. The Contractor shall submit a Summary Invoice once each month, listing the Sales/Delivery Ticket numbers for all deliveries made during the monthly billing period, to the BILL TO address shown on the Purchase Order (PO). The invoice must be accompanied by one copy of each signed Sales/Delivery Ticket (ref. Section 22) listed on the Summary Invoice.

23.2. The Summary Invoice shall list the applicable Purchase Order number and the name of the Agency receiving the deliveries or services. Payment will be made once each month.

23.3. In some cases, the County will pay for orders on a sales/delivery ticket by Procurement Card. Any ticket paid by Procurement Card shall not be listed on the Summary Invoice.

24. EMERGENCY PURCHASES:

24.1. Should the Contractor be unable to furnish the required item within the period of time specified in the contract the County reserves the right to make emergency purchases from other sources.

25. ORDER OF PRECEDENCE:

25.1. In the event of conflict, the Acceptance Agreement and the Special Provisions of this solicitation shall take precedence over the General Conditions and Instructions to Bidders or any other contract document.

26. SUBCONTRACTING:

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

27. USE OF CONTRACT BY OTHER PUBLIC BODIES:

27.1. Reference Paragraph 71, General Conditions and Instructions to Bidders, Cooperative https://www.dbsd.virginia.gov/

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

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

27.3. It is the Contractors responsibility to fulfill the requirements of this contract for Fairfax County. Should the Contractor extend the contract to other public bodies, goods or services for Fairfax County shall not be delayed

27.4. Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

27.5. Each public body has the option of executing a separate contract with the Contractor(s).

Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions.

If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

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

28. NEWS RELEASES BY VENDORS:

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

29. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

29.1. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request.

Bidders requesting special accommodations should call the Department ADA representative (703) 324-3201 or TTY 711. Please allow two (2) working days in advance of the event to make the necessary arrangements.

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

30. HIPAA COMPLIANCE:

30.1. Fairfax County Government has designated certain health care components as covered by the Health Insurance Portability and Accountability Act of 1996. The successful vendor will be designated a business associate pursuant to 45 CFR part 164.504(e) of those agencies identified as health care components of the County, including the Fairfax-Falls Church Community Services Board, upon award of contract. The successful vendor shall be required to execute a Fairfax County Business Associate Agreement and must adhere to all relevant federal, state, and local confidentiality and privacy laws, regulations, and contractual provisions of that agreement. These laws and regulations include, but are not limited to: (1) HIPAA – 42 USC 201, et seq., and 45 CFR Parts 160 and 164; and (2) Va Code – Title 32.1, Health, § 32.1-1 et seq. The vendor shall have in place appropriate administrative, technical, and physical safeguards to ensure the privacy and confidentiality of protected health information.

30.2. Further information regarding HIPAA Compliance is available on the County’s website at http://www.fairfaxcounty.gov/HIPAA.

31. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

31.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

32. PROHIBITION ON THE USE OF CERTAIN PRODUCTS AND SERVICES:

32.1. Fairfax County may not use, whether directly or through work with or on behalf of another public body, any hardware, software, or services that have been prohibited by the U.S.

Department of Homeland Security for use on federal systems.

http://www.fairfaxcounty.gov/HIPAA