5-Special Provisions.pdf

IMPORTANT NOTICE

RFP2000004210: Operation & Management, Childcare Center

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED ELECTRONICALLY VIA THE BONFIRE PORTAL

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating proposals.

To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at Support.Bonfire@EUNASolutions.com.

Registration in Bonfire is Mandatory to download solicitation documents and submit a solicitation response. Solicitation Responses submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) will not be accepted.

Reference Special Provisions titled “Electronic Submission of Proposal” for additional information.

Fairfax County strongly encourages offerors to submit proposals 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. Offerors are responsible for the consequences of any failure to plan ahead in the submission of its Proposal.

https://fairfaxcounty.bonfirehub.com/ mailto:Support.Bonfire@EUNASolutions.com

SPECIAL PROVISIONS RFP2000004210

1. SCOPE OF SERVICES:

1.1. The purpose of this Request for Proposal is to solicit sealed proposals to establish a contract through competitive negotiation to operate a Virginia licensed childcare center for the County of Fairfax, Virginia at the county-owned Kingstowne Complex.

1.2. A childcare center will be located at the Kingstowne Complex, 7130 Silver Lake Boulevard, Alexandria, VA 22315. The center will serve 78 children from ages birth through five, with services divided among 4 rooms of Infant/Toddlers and 3 rooms of Preschool.

1.3. The purpose of the childcare center is to provide affordable, high quality, full time early childhood services for children ages birth to five, including children whose families live with low to moderate incomes.

1.4. Offerors shall participate in Virginia’s quality improvement system which measures and helps improve the quality of birth to five classrooms and supports families to choose quality programming across program types.

1.5. Offerors shall participate in Virginia and Fairfax County’s Child Care Subsidy program that assists families in paying childcare costs.

1.6. Offeror Eligibility:

Offerors must have experience operating a licensed childcare program.

2. LICENSE AGREEMENT:

2.1. County owned or leased property will be provided to the Contractor under this contract; therefore the Contractor will be required to sign a License Agreement with the County Facilities Management Department for occupancy during the effective period of this Contract. A sample License Agreement is included in Appendix A.

3. OPTIONAL PRE-PROPOSAL CONFERENCE:

3.1. An optional pre-proposal conference will be held on September 22, 2025 at 11:00 AM EDT via Microsoft Teams web conferencing. Participants are required to register prior to the pre-proposal web conference. Use the following URL to register for the conference:

https://events.gcc.teams.microsoft.com/event/8ff5d7ca-4e9d-4c75-9195-82516727e3f7@a26156cb-5d6f- 4172-9d7d-934eb0a7b275 Participants will be asked to wait in the waiting room until the host allows the participants to join the meeting.

3.2. The purpose of the pre-proposal conference is to give potential offerors an opportunity to ask questions and to obtain clarification about any aspect of this Request for Proposal. Offerors may submit any questions pertaining to the RFP, in writing, prior to the pre-proposal conference to vincenza.githens@fairfaxcounty.gov.

3.3. While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

3.4. To request reasonable ADA accommodations, call the Department of Procurement and Material Management ADA representative at 703-324-3201 or TTY 711.

4. CONTRACT PERIOD AND RENEWAL:

4.1. The contract period will be one (1) year with four (4) one-year renewal options or as negotiated. It is anticipated occupancy is approximately fall 2026. Contract start date will be negotiated with the successful offeror.

5. BACKGROUND:

5.1. The Fairfax County FY 2025 - FY 2029 Capital Improvement Program includes the establishment of the Kingstowne Complex, a shared use project which co-locates the Franconia Police Station, Franconia District Supervisor’s Office, Franconia Museum, Kingstowne Library, an Active Adult Center, and a childcare center into one comprehensive facility.

5.2. Fairfax County is committed to ensuring a successful future for all its residents, built on the pillars of a strong educational system, a thriving economy, and ongoing equitable opportunity for its diverse community.

Research has shown that children who begin kindergarten with a strong social, emotional, and cognitive foundation are more likely to reach high levels of academic achievement, less likely to drop out of school, more likely to earn higher incomes, and less likely to experience negative health factors. Recognizing the importance of the early years, Fairfax County has made substantial commitment to the school readiness of all children in the county. As such, Fairfax County has invested in the development of Child Care Centers as part of Capital Improvement projects to increase childcare availability. Fairfax County is prepared to partner with a Provider to operate a childcare center at the location listed below:

https://events.gcc.teams.microsoft.com/event/8ff5d7ca-4e9d-4c75-9195-82516727e3f7@a26156cb-5d6f-4172-9d7d-934eb0a7b275 https://events.gcc.teams.microsoft.com/event/8ff5d7ca-4e9d-4c75-9195-82516727e3f7@a26156cb-5d6f-4172-9d7d-934eb0a7b275 mailto:Vincenza.githens@fairfaxcounty.gov

Site Projected Opening Ages

Kingstowne Consolidated Facility- Early Childhood Program

7130 & 7170 Silver Lake Blvd.

Alexandria, VA 22315

Fall 2026 Birth up to Preschool

5.3. The purpose of the facility is to provide affordable, high quality, full time early childhood services for children ages birth to five, including children whose families live with low to moderate incomes.

6. STATEMENT OF NEEDS:

6.1. The county is seeking experienced, Virginia-licensed childcare providers to operate the Kingstowne Child Care Center as stated below. The purpose of the childcare center facility is to provide affordable, high quality, full time early childhood services for children ages birth to five, including children whose families live with low to moderate incomes. Only offerors experienced in providing licensed childcare services and operating a childcare facility shall be eligible for consideration of an award to enter into a License Agreement with the County.

6.2. The County uses Virginia's online electronic procurement system (eVA), to publicly announce contract awards, which requires Contractor registration. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

6.3. Description of Facility

Below is the general information about the facility. The facility has space for a conference/staff workroom, director’s office, warming kitchen, laundry and storage. Also included in the floor plan is a reception area. The outdoor play area is adjacent to the center and will be available to the public during non-operating hours. See Appendix B for floor plans.

Site Square Feet of

Licensable program area

Square feet of outdoor play area

Program Capacity

Kingstowne Consolidated Facility Early Childhood Program 7130 & 7170 Silver Lake Blvd.

Alexandria, VA 22315

9,997 as shown in Appendix B, page 1

5,580 as shown in the shaded area of

Appendix B, page 2

(4 rooms of

Infant/Toddlers and 3 rooms of PreK.)

6.4. Contractor Program Responsibilities - Offerors should provide a licensed childcare program that includes:

a. Child Care Center licensure by the Commonwealth of Virginia. The County may confirm licensure throughout the term of the contract.

b. Ongoing operation of the Facility and for the funding of the day-to-day operations of the Facility.

c. Participate in Virginia’s quality improvement system which measures and helps improve the quality of birth to five classrooms and supports families to choose quality programming across program types.

d. Participate in Virginia’s and Fairfax County’s Child Care Subsidy program that assists families in paying childcare costs.

6.5. Enrollment

Maintain enrollment that ensures a minimum of 25% of children from families considered medium to low-income at or below 350% of the federal poverty level.

7. TECHNICAL PROPOSAL INSTRUCTIONS:

7.1. Offerors must submit their Technical Proposal response as instructed in Bonfire containing the following information. This information will be considered the minimum content of the proposal.

a. Complete and sign the Fairfax County Cover Sheet (DPMM32)

b. Technical Proposal (response to Sections 7.3. – 7.4.)

c. Attachment A: Forms

d. All issued Addenda signed by the offeror

e. Supporting Documentation (if applicable)

7.2. Format

Technical Proposal contents shall be arranged in the same order and identified with headings as presented in Sections 7.3. - 7.4. The Technical Proposal should be no more than ten pages in length. Offerors may provide supporting documentation that may assist in the evaluation process. The cover sheet, addenda, any supporting documentation and/or attachments are not included in the page limit. Proposals should be prepared in a straightforward manner to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content.

https://www.fairfaxcounty.gov/publicworks/capital-projects/franconia-governmental-center-and-kingstowne-regional-library-project https://www.fairfaxcounty.gov/publicworks/capital-projects/franconia-governmental-center-and-kingstowne-regional-library-project

7.3. Experience, Qualifications, and References

a. Experience

Describe any experience your organization has ad with build-out and start-up of a high-quality early care and education early learning program(s).

b. Qualifications

1) The Contractor should have knowledge of early childhood education (birth to eight years of age).

2) The Contractor must have at least two (2) years of experience managing and operating a regulated childcare program.

c. References Provide a minimum of three (3) relevant references within the past three years, including name, address, e-mail address, and telephone number of persons/agencies that can attest to your organization’s performance and experience as it relates to high quality childcare. Provide a summary of the contracted work performed for each reference.

7.4. Methodology of Providing Services

a. Statement of Philosophy and Mission Statement

Provide a brief statement about your organization that shares background information, program philosophy and mission, including the most important goals of an early care and education early learning program as it relates to each age range; detail the salient features of your organization and the conclusions as to the reasons why your organization is most qualified and should be selected.

b. Scope of Services Explain how your organization’s program for young children will facilitate strategic planning and program evaluations in areas of quality curriculum, assessments in support of learning objectives for children, screening and identification of children with special needs, risk management, and meeting health and safety standards. Describe what processes, procedures and tools will be used to ensure high quality childcare and early learning programming and environments.

c. Partnerships Describe your organization’s plans to work with Fairfax County to ensure a strong connection, communication and partnership is formed between stakeholders. Describe your organization’s plans to generate family support and involvement in your program. Explain how your organization works with shared governance as it relates to staff, children and parents.

d. Enrollment Administration and Fundraising Proposers should also describe their strategy for managing enrollment priorities described in Section

6.5. Describe your organization’s methodology for determining tuition and scholarships, including the processes, procedures and tools used to ensure the fees charged are in keeping with the economy and a family’s ability to pay. Describe your proposed strategy and metrics to ensure the enrollment priorities will be met. Describe how you will administer a waiting list.

e. Start-up Timeline Provide a timeline for start-up of the Facility, assuming you are selected as the Service Provider.

8. COST PROPOSAL INSTRUCTIONS:

8.1. Offerors should submit a Cost Proposal that provides a complete picture of the anticipated budgetary expenses for operating the Facility. While the County will not be funding operational costs under this contract, the Cost Proposal will be used to assess reasonableness, financial planning, and the Offeror’s ability to manage resources effectively.

8.2. The Cost Proposal must include, at a minimum, the following components:

a. Budget Narrative – A description of your organization’s approach to delivering and providing access to high-quality, cost-effective early care and education services, including methods to ensure fiscal responsibility and operational efficiency. This may include information about your organization’s budget planning and accounting services.

b. Operating Budget: A detailed budget identifying projected expenses and revenues, including but not limited to:

1. Salaries and Benefits – Total projected staffing costs

2. Administrative Costs – Insurance, professional development, substitutes, food costs, marketing expenses, and other operating costs predicted for the operation of the Center.

3. Revenue Sources – All projected sources of income, such as tuition, subsidies, fundraising, and other revenues.

9. FACILITY COSTS AND RESPONSIBILITIES:

9.1. Fairfax County will not provide funding for services resulting from this solicitation.

9.2. Facility Expenses Covered by the County

a. Utilities The County will provide and install all basic utility services to the Premises such as water, gas, and electric, but will not provide phone or data services. The selected Provider shall install, maintain, and pay for phone and data services. Building Rules will be issued for the Building and the Provider's restrictions of energy and water consumption, such as no electric space heaters or heat lamps. Provider must obtain pre-approval for electric or gas consuming equipment installed or used in the building.

b. Furniture The County will provide initial furnishings for the Facility including children’s furniture, storage furniture, office furniture, appliances. [See Appendix C for complete list]

c. Building Security Security cameras will be installed around the building perimeter including the entrance to the Facility.

Entry to the Facility will be controlled by key access. Issuance of keys for access to the Facility will be limited to Facility staff. Except by pre-arrangement, off-hour entry to the building and Facility will not be permitted.

9.3. Facility Costs Covered by Contractor

a. Daily Maintenance, Utilities and Cleaning Services The Contractor will be responsible for all costs associated with the basic maintenance and cleaning of the Facility (both indoor and the outdoor play area). The Provider will be responsible for all costs associated with the services to the Facility, including, communication services (phone and data), janitorial services, and exterior maintenance of designated outdoor play space.

b. Liability Insurance The Contractor is responsible for carrying liability insurance as detailed in Section 17.

c. Furniture The Provider will be responsible for maintenance, replacement and other furnishings of the Facility including children’s furniture (indoor and outdoor), storage furniture, office furniture, appliances, audio-visual equipment, area rugs, and security devices within the Facility. (Initial furnishings will be provided by County. See Appendix C)

d. Office Equipment and Operating Supplies The Provider will be responsible for providing all other equipment including office equipment such as copy machines, computers, telephones, and office supplies. The Provider will furnish all operating supplies, including toys and books

10. TRADE SECRETS/PROPRIETARY INFORMATION:

10.1. Trade secrets or proprietary information submitted by an offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, offerors must invoke the protections of this section prior to or upon submission of the data or other materials.

10.2. The offeror must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award(s) should be stated by the offeror.

10.3. Offeror shall complete the Request for Protection of Trade Secrets or Proprietary Information (Attachment A-

5) to identify and protect trade secrets or proprietary information from disclosure under the Virginia Freedom of Information Act.

10.4. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

11. CONTACT FOR CONTRACTUAL MATTERS:

11.1. All communications and requests for information and clarifications shall be directed to the following procurement official:

Vincenza Githens, Contract Specialist II Department of Procurement and Material Management Telephone: 703-324-6168 Email: Vincenza.Githens@fairfaxcounty.gov

11.2. No attempt shall be made by any offeror to contact members of the Selection Advisory Committee (SAC) about this procurement (see paragraph 16.3).

12. REQUIRED SUBMITTALS:

12.1. Each Offeror responding to this Request for Proposal must supply all the documentation required in the RFP.

Failure to provide documentation with the Offeror's response to the RFP may result in the disqualification of mailto:Vincenza.Githens@fairfaxcounty.gov the Offeror's proposal.

13. ELECTRONIC SUBMISSION OF PROPOSAL:

13.1. Proposals must be received electronically through Fairfax County’s online Procurement Portal at:

https://fairfaxCounty.bonfirehub.com, on or before the Submittal Deadline. Submissions will only be accepted through the portal. Fairfax County will not accept proposals submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this RFP. 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.Bonfire@EUNASolutions.com or click on the link “Technical Support”. Note: it takes an average of 16 minutes to an hour for a response, and support is provided Monday to Friday from 8 AM – 8 PM EST/EDT. Therefore, offerors shall take the necessary steps to submit their proposals in advance.

Offerors can view the Vendor Knowledge Base on the Euna Customer Hub for Euna Procurement. The Knowledge Base provides articles with step-by-step instructions regarding the use of Bonfire:

https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub

Listed below are some helpful articles that will assist offerors regarding Registration and Submission:

a. Vendor Registration

b. Creating and uploading a submission

13.2. 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.

13.3. 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 - Microsoft Edge (Windows), Google Chrome (Windows & Mac), or Mozilla Firefox (Windows & Mac). JavaScript must be enabled. Browser cookies must be enabled.

14. ADDENDA:

14.1. Offerors are reminded that solicitation changes, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda should be signed and submitted before the due date/time or must accompany the proposal.

14.2. Notice of addenda will be posted on eVA and Bonfire. It is the Offeror’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com.

14.3. The last day to submit questions for response via written addendum will be posted in Bonfire under “Questions Due Date.”

15. PROPOSAL ACCEPTANCE PERIOD:

15.1. Any proposal submitted in response to this solicitation shall be valid for 180 days. At the end of the days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

16. BASIS FOR AWARD:

16.1. This Request for Proposal is being utilized for competitive negotiation. Under the competitive negotiation process, a contract may be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the County, taking into consideration price and the evaluation criteria listed below. The County reserves the right to make multiple awards from this solicitation.

16.2. A Selection Advisory Committee (SAC) has been established to review and evaluate all proposals received.

16.3. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Selection Advisory Committee or any person involved in the evaluation of the proposals. SAC members will refer all calls related to this solicitation to the procurement official named in

11.1 above. Failure to comply with this directive may, at the sole discretion of the County, result in the disqualification of an offeror from the procurement process.

16.4. The SAC shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below. Based upon this review, the cost proposals of the highest rated offeror(s) will then be reviewed.

16.5. Based on the results of the preliminary evaluation, the highest rated offeror(s) may be invited by the County Purchasing Agent to make oral presentations to the SAC. This committee will then conduct a final evaluation https://fairfaxcounty.bonfirehub.com/ https://fairfaxcounty.bonfirehub.com/ mailto:Support.Bonfire@EUNASolutions.com https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub https://customer.eunasolutions.com/public/s/article/vendor-registration https://customer.eunasolutions.com/public/s/article/creating-and-uploading-a-submission https://fairfaxcounty.bonfirehub.com/ of the proposals. 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 Request for Proposal, including price if so stated in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. 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.

16.6. 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. The Committee will make appropriate recommendations to the County Executive and Board of Supervisors, if appropriate, prior to actual award of contract.

16.7. Proposal Evaluation Criteria:

The following factors will be considered in the award of this contract:

1. Experience, Qualifications, & References (25 points)

2. Methodology of Providing Services (60 points)

3. Cost Proposal (15 points)

16.8. Fairfax County reserves the right to make on-site visitations to assess the capabilities of individual offerors and to contact references provided with the proposal.

16.9. The County Purchasing Agent may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarification.

16.10. Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the County Purchasing Agent, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Consequently, offerors should provide complete, thorough proposals with the offerors most favorable terms. Should proposals require additional clarification and/or supplementary information, offerors should submit such additional material in a timely manner.

16.11. Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined to meet the specifications of this Request for Proposal will be classified as "acceptable".

Proposals found not to be acceptable will be classified as "unacceptable" and no further discussion concerning same will be conducted.

16.12. The County may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

17. INSURANCE:

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. 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. 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 and employees 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.

c. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, 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.

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:

1. 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

2. 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.

17.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

17.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services. Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by the County.

17.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.

17.7. 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: VII.

17.8. 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: VII or better.

17.9. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”

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

17.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

17.12. 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.

17.13. 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.

17.14. 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.

17.15. 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.

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

17.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local 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.

18. REPORTS:

18.1. The Contractor must maintain all records in compliance with federal and state regulations. The Contractor(s) must submit to each program administrator, quarterly enrollment reports.

19. CHANGES:

19.1. Fairfax County may, at any time, by written order, require changes in the services to be performed by the Contractor. If such changes cause an increase or decrease in the Contractors cost of, or time required for, performance of any services under this contract, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. The County Purchasing Agent must approve all work that is beyond the scope of this Request for Proposal.

19.2. No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Fairfax County Purchasing Agent.

20. ACCESS TO AND INSPECTION OF WORK:

20.1. The Fairfax County Purchasing Agent and using agencies will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

21. DATA SOURCES:

21.1. The County will provide the Contractor with all available data possessed by the County that relates to this contract. However, the Contractor is responsible for all costs for acquiring other data or processing, analyzing or evaluating County data.

22. SAFEGUARDS OF INFORMATION:

22.1. Unless approved in writing by the County Purchasing Agent, the Contractor may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the Contractor under the final contract.

23. ORDER OF PRECEDENCE:

23.1. In the event of conflict, the Acceptance Agreement, provided at contract award, and the Special Provisions of this contract shall take precedence over the General Conditions and Instructions to Bidders, (Exhibit A).

24. SUBCONTRACTING:

24.1. 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.sbsd.virginia.gov; local chambers of commerce and other business organizations.

25. NEWS RELEASE BY VENDORS:

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

26. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

26.1. 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.

26.2. 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 at 703-324-3201 or TTY 711. Allow seven (7) working days in advance of the event to make the necessary arrangements.

27. HIPAA COMPLIANCE:

27.1. During the performance of this contract, the Contractor agrees to comply with Article 2, Section 7 of the Fairfax County Purchasing Resolution, as amended. Further information regarding HIPAA Compliance is available on the County’s website at http://www.fairfaxcounty.gov/HIPAA.

28. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

28.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an 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 is required to include in its proposal a statement describing why the offeror is not required to be so authorized. Any offeror that fails to provide the required information may not receive an award.

http://www.fairfaxcounty.gov/HIPAA

29. ELECTRONIC SIGNATURES:

29.1. Contractors agree that contracts and other associated documents may be executed using electronic signatures and delivered by electronic means. When electronic signatures are used, Contractors agree that the signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

30. FORCED AND INDENTURED CHILD LABOR PROHIBITION:

30.1. Contractors are prohibited from the use of “forced or indentured child labor” in the performance of the contract.

Forced or indentured child labor means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.