7-03. Special Provisions.pdf

RFP 2000004252

SPECIAL PROVISIONS

1. SCOPE OF SERVICES:

1.1. The purpose of this Request for Proposal is to solicit sealed proposals to establish a contract or contracts through competitive negotiation for the provision of Interscholastic Volleyball Officials services for Boys and Girls High School Volleyball games by Fairfax County Public Schools and County of Fairfax, Virginia.

1.2. Offerors shall ensure that a representative who can bind the firm is available for both the finalist interviews and negotiations.

1.3. RFP Documents

RFP 2000004252 is comprised of the following documents:

▪ Announcement sheet

▪ DPMM32 Cover sheet

▪ Special Provisions (included herein)

▪ Appendix A — General Conditions and Instructions to Bidders

▪ Appendix B — Forms

▪ Appendix C- Minimum Qualifications

1.4. Schedule

The following tentative schedule is provided to the Offerors as a means of planning. Offerors are advised that this schedule may change during the solicitation process.

Milestones Target Date

Pre-Proposal Conference: May 12, 2026, at 10:00 a.m.

Questions from Offerors Due: May 15, 2026, at 5:00 p.m.

RFP Closing Date and Time: May 28, 2026, at 5:00 p.m.

Finalists Interviews: June 15, 2026

Negotiations: June 22-July 3, 2026

Contract Award: July 2026

Contract Begins: August 2026

2. MINIMUM QUALIFICATIONS

2.1. The following are the minimum qualifications an Offeror must meet or exceed, at the time of submission, in order for FCPS to accept a proposal as responsive. Each Offeror must address how it meets each of the below minimum qualifications when submitting its Technical Proposal (refer to Appendix C – Minimum Qualifications). If an Offeror fails to respond to each qualification, or if FCPS determines from the response that an Offeror does not meet any one of the minimum qualifications, its proposal may be deemed non-responsive and disqualified from further consideration.

2.1.1. Offerors are required to have a minimum of five (5) years’ experience providing the services described in this Request for Proposal, with a minimum of two (2) years specifically with K-

12 school districts.

2.1.2. Offerors must demonstrate current Virginia High School League (VHSL) certification and the ability to provide qualified officials for all scheduled contests.

2.1.3. Offerors must provide a minimum of three (3) references for similar work described in this

Request for Proposal, with at least one reference being from a K-12 school district.

3. PRE-PROPOSAL CONFERENCE:

3.1. An optional pre-proposal conference will be held on May 12, 2026, at 10:00 a.m. Eastern Time via Zoom Video Conference. Those Interested in attending the Pre-Proposal conference can join the meeting through (Link to Pre-Proposal Conference). Attendees requiring special services are asked to provide their requirements to the Office Benefit Services at 571-423-3200, https://fcps-hr.guardianconduct.com/incident-reporting or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

3.2. Notify the Contract Specialist as soon as possible, but no later than two (2) days in advance of the meeting if a participant will connect to the meeting from outside of the United States.

3.3. 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 to Hamed Hameedi at hhameedi@fcps.edu

4. CONTRACT PERIOD AND RENEWAL:

4.1. This term of this contract will begin on date of award and terminate on June 30, 2029 unless terminated earlier in the manner provided in the contract or renewed as set forth below.

4.2. Automatic contract renewals are prohibited. This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must be authorized by and coordinated through the Office of Procurement Services. FCPS reserves the right to renew the contract for two (2) additional three-year periods.

4.3. Notice of intent to renew will be given to the Contractor in writing by the Office of Procurement

Services, normally 60 days before the expiration date of the current contract. (This notice shall not be deemed to commit the County to a contract renewal.)

4.4. The obligation of the County to pay compensation due the contractor under the contract or any other payment obligations under any contract awarded pursuant to this Request for Proposal 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 shall not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

5. BACKGROUND:

5.1. Fairfax County Public Schools (FCPS) is the largest school division in the Commonwealth of Virginia and the 12th largest in the United States. FCPS operates 25 high schools, all of which https://myfcpsk12.zoom.us/meeting/register/LHzG8F3TTx2SUKiFBLkocg https://fcps-hr.guardianconduct.com/incident-reporting https://fcps-hr.guardianconduct.com/incident-reporting mailto:hhameedi@fcps.edu are members of the Virginia High School League (VHSL). Each high school sponsors both boys’ and girls’ volleyball programs that compete under VHSL governance.

5.2. In accordance with VHSL rules and regulations, all interscholastic boys’ and girls’ volleyball contests must be officiated by officials’ associations that are certified and in good standing with the VHSL.

6. LANGUAGE CONVENTIONS

6.1. An attempt has been made to standardize the language used in this RFP. The words “must”, “shall”, “mandatory” and the phrase “it is required” are used in connection with a mandatory specification that FCPS expects will be present in the proposed Solution. The words “should” and “may” are used in connection with a specification that is desirable.

7. TASKS TO BE PERFORMED:

7.1. Qualified Offerors are encouraged to submit a proposal to provide VHSL-certified volleyball officials for FCPS high schools. Services shall support all 25 FCPS high schools, each of which participates as a member of the VHSL, for both boys’ and girls’ volleyball programs.

7.2. The Offeror shall provide qualified, VHSL-certified officials for all scheduled contests, including but not limited to the following:

7.2.1. Varsity High School Matches: Best of five (5) sets; two (2) referees required per match.

7.2.2. Junior Varsity High School Matches: Best of three (3) sets; two (2) referees required per match.

7.2.3. Freshman Matches: Best of three (3) sets; two (2) referees required per match.

7.2.4. Tournament and Special Events:

• High school tournament officiating fees shall be in accordance with the current VHSL Tournament Fee Schedule.

• District and invitational events may require either two (2) or four (4) officials per contest, depending on the level and structure of the event.

7.3. The Contractor shall ensure adequate staffing levels to meet the scheduling demands of all FCPS high schools and maintain compliance with all applicable VHSL rules, certifications, and standards.

8. TECHNICAL PROPOSAL INSTRUCTIONS:

8.1. Offerors must submit the Technical Proposal in a separate file in Euna Procurement (formerly known as Bonfire) containing the following information. The information set forth herein will be considered the minimum content for this proposal. Proposal contents shall be arranged in the same order and identified with headings as presented herein.

a. Name of firm submitting proposal; main office address; when and what state the firm was organized, if applicable.

b. Understanding of the problem and technical approach.

1. Statement and discussion of the requirements as they are analyzed by the Offeror.

2. Offeror's proposed Scope of Work with explanation of technical approaches and a detailed outline of the proposed program for executing the requirements of the technical scope and achieving project objectives.

3. Offeror shall demonstrate an awareness of difficulties in the completion of this undertaking, and a plan for surmounting them. Special attention shall be given to methodological issues that will be encountered in such a project.

8.2. Preliminary Work Plan:

This section shall include detailed descriptions of activities that are to occur, significant milestones, and anticipated deliverables.

8.3. Treatment of the Issues:

In this section, the Offeror may also comment if deemed appropriate, on any aspect of the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Tasks to be Performed” section, and may propose alternative approaches for consideration.

8.4. Statement of Qualifications:

The Statement of Qualifications must include a description of organizational and staff experience, and resumes of Offeror’s proposed staff.

a. Organizational and Staff Experience: Offerors must describe their qualifications and experience to perform the work described in this Request for Proposal. Information about experience shall include direct experience with the specific subject matter.

b. References: Special notation must be made of similar or related programs performed and must include organization names, addresses, names of contact persons, and telephone numbers for each such reference.

c. Personnel: Full-time and part-time staff and Officials who may be assigned direct work on this project shall be identified. Information is required which will show the composition of the task or work group, its specific qualifications, and recent relevant experience

Resumes of key staff are required to be submitted and must indicate the education, background, recent relevant experience with the subject matter of the project. Current telephone numbers must be included.

d. A staffing plan is required which describes the Offeror’s proposed staff distribution to accomplish this work.

8.5. This section must include a copy of any agreement your company will require FCPS to execute.

8.6. Offerors should carefully review the performance metrics listed in Paragraph 23 “Contract Performance Monitoring” below and provide comments or suggestions. Offerors should also identify and provide any additional relevant performance metrics that have supported successful outcomes with similar projects.

8.7. Offerors may take exceptions to the terms, however, some of the terms may not be negotiable.

The following contract terms of Appendix A are required by law and cannot be varied, revised, amended, changed or otherwise negotiated: para. 34 (Funding), para. 37 (Non-Discrimination), para. 61 (Authorization to Conduct Business in the Commonwealth), para. 58.d (No Indemnification by the County), para. 68 (Contractual Disputes), para. 70 (Venue), para. 72 (Drug Free Workplace), para. 73 (Immigration Reform and Control Act), para. 74 (Audit of Records) and para. 76 (Nonvisual Access).

9. CONSULTATION SERVICES: Intentionally Deleted.

10. COST PROPOSAL INSTRUCTIONS:

10.1. The Offeror must submit a cost proposal in a separate file in Euna Procurement (formerly known as Bonfire) fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fee for each year of services described in this RFP. The following information shall be submitted as part of the cost proposal:

The cost of each task or segment of the task shall be itemized.

a. Offerors must provide a price breakdown for each service separately as well as totals for services provided together if price differ.

b. Travel and per diem or subsistence costs, if any supported by breakdown including destination, duration and purpose.

c. Breakdown of other expenses such as clerical support, other overhead costs, supplies, etc.

Caution: Failure to break down cost elements may render the Cost proposal non-responsive.

11. PRICING:

11.1. The subsequent contract will be a firm-fixed price agreement. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of the contract during the first 365 days. Changes in cost for any subsequent contract years may be based on the Consumer Price Index (CPI-U), Table 10, U.S. City Averages, or other relevant indices.

11.2. The request for a change in the unit price shall include at a minimum, (1) the cause for the adjustment; (2) the proposed effective date for the change; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics, Consumer Price Index (CPI-U), change in manufacturer's price, etc.).

11.3. Price decreases shall be made in accordance with paragraph 40 of the General Conditions &

Instructions to Offerors. (Appendix A)

12. TRADE SECRETS/PROPRIETARY INFORMATION:

12.1. 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 provided that the Offeror properly invokes the protections of this section prior to or upon submission of the data or other materials. (Reference Appendix B)

12.2. 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.

13. CONTACT FOR CONTRACTUAL MATTERS:

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

Hamed Hameedi, Sr. Contract Specialist Fairfax County Public Schools Office of Procurement Services 8115 Gatehouse Road, Suite 4400 Falls Church, Virginia 22042-1203 Telephone: 571-423-3580 Email: hhameedi@fcps.edu mailto:hhameedi@fcps.edu

13.2. No attempt shall be made by any Offeror to contact members of the Selection Advisory

Committee (SAC) about this procurement.

14. REQUIRED SUBMITTALS:

14.1. 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 the Offeror's proposal.

15. SUBMISSION OF PROPOSAL:

15.1. Proposals must be received electronically through FCPS’ online Procurement portal at:

http://fcps.bonfirehub.com, on or before the Submittal Deadline. Submissions will only be accepted through the portal. FCPS 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 :

http://fcps.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 Euna Procurement / Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical question related to a submission, contract Euna Procurement / Bonfire at Support@GoBonfire.com.

15.2. If, at the time of the scheduled submission Due Date FCPS is closed due to inclement weather or another unforeseeable event, the proposal closing will still proceed electronically through the Euna Procurement / Bonfire System.

15.3. 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 the submission is finalized. Minimum system requirements for the Euna Procurement / Bonfire portal-Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

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

15.5. 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 RFP 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.

15.6. The proposal submission shall consist of:

a. Cover sheet (DPMM32)

b. Signed addenda, if applicable

c. Technical proposal as required in the Special Provisions, paragraph 8, TECHNICAL

PROPOSAL INSTRUCTIONS.

d. Cost proposal as required in the Special Provisions paragraph 10, COST PROPOSAL

INSTRUCTIONS.

e. One (1) electronic copy of the Technical and Cost proposals with redactions consistent with the requirements of the RFP, Paragraph 12 Trade secrets/Proprietary Information through FCPS’ online Procurement Portal at: http://fcps.bonfirehub.com.

http://fcps.bonfirehub.com/ mailto:Support@GoBonfire.com

f. All required attachments and forms must be included with the submission.

g. Completed W9 Form (must be the latest version, per IRS.gov).

h. 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.

16. ADDENDA:

16.1. Offerors are reminded that changes to the solicitation, 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 before the due date/time or must accompany the proposal.

16.2 Notice of addenda will be posted on eVA, and Euna Procurement / Bonfire. It is the Offeror’s responsibility to monitor the web page for the most current addenda at www.fairfaxcounty.gov/solicitation and https://fcps.bonfirehub.com.

17. VIRGINIA FREEDOM OF INFORMATION ACT

17.1. Except as provided, once an award is announced, all proposals/bids submitted to this RFP will be open to inspection by any citizen, or interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a firm prior to or as part of its proposal will not be subject to public disclosure under the Virginia Freedom of Information Act only under the following circumstances: (1) the appropriate information is clearly identified by some distinct method such as highlighting or underlining; (2) only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information are identified; and (3) a completed summary page is supplied (Appendix B) that includes (a) the information to be protected, (b) the section(s)/page number(s) where this information is found in the proposal, and (c) a statement why protection is necessary for each section listed. The firm must also provide a separate electronic copy of the proposal (uploaded into Euna Procurement / Bonfire) with the trade secrets and/or proprietary information redacted. If all of these requirements are not met, then the firm's entire proposal will be available for public inspection.

18. PERIOD THAT PROPOSALS REMAIN VALID:

18.1. Any proposal submitted in response to this solicitation shall be valid for 365 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.

19. BASIS FOR AWARD:

19.1. 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 factors set forth in the Request for Proposal. The County reserves the right to make multiple awards as a result of this solicitation.

19.2. A Selection Advisory Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below. Each Committee member will independently score proposals.

Scores within each category will be averaged to produce a final category score. Category scores will then be combined using the weights stated above to determine each Offeror’s total score.

https://www.irs.gov/ https://fcps.bonfirehub.com/

19.3. The cost proposals of one or more of the highest rated offeror(s) will then be reviewed by the

SAC.

19.4. 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. Selection Advisory Committee members will refer any and all calls related to this procurement to the procurement official named in 13.1 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.

19.5. 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 Selection Advisory Committee. This committee will then conduct a final evaluation 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.

19.6. Should the County determine in writing and at 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 School Board, if required, prior to actual award of contract.

19.7. Proposal Evaluation Criteria

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

a. Qualification of firm with appropriately qualified and experienced personnel (20 points).

b. Depth of response to the Special Provisions, Section 7, TASKS TO BE PERFORMED

(10 points).

c. Depth of response to Special Provisions, Section 8, TECHNICAL PROPOSAL

INSTRUCTIONS (10 points).

d. Details of the approach and methodology of program (20 points).

e. Reasonableness of cost proposal(s) (40 points).

19.8. 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.

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

19.10. 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.

19.11. 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.

19.12. 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.

20. CONTRACT INSURANCE PROVISIONS:

20.1 The Contractor shall be responsible for its work and all materials, tools, equipment, appliances, and property of any and all description used in connection with this contract. 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.

20.2 The Contractor/ Judge or Official shall, during the continuance of all work under the contract maintain the following insurance through the program administrator, NFHS School Associations:

I. Commercial General Liability insurance with limits of $1,000,000 each occurrence and $2,000,000 aggregate including contractual liability, personal and advertising injury, and products, completed operations coverage.

20.3 Fairfax County Public Schools, the Fairfax County School Board, its officers, and employees shall be included as an additional insured in the General Liability policy.

20.4 Additional Requirements

I. Prior to commencement of services and during the term of the contract/ Judge. the contractor will provide a signed Certificate of Insurance citing the contract number and such coverage as required by this section.

II. The certificate holder’s name and address shall read: Fairfax County Public Schools, 8115 Gatehouse Road, Falls Church, VA 22042.

21. METHOD OF ORDERING:

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

Purchase Orders (PO’s) and approved County procurement cards. The method of payment is at the discretion of the County. No additional surcharges will be accepted for the use of the procurement card.

21.2. A Purchase Order (PO) may be issued to the contractor on behalf of the County agency ordering the items/services covered under this contract. An issued PO will become part of the resulting 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.

21.3. 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 Master Card. Contractors are encouraged to accept this method of receiving orders.

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

21.5. 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.

22. REPORTS AND INVOICING:

22.1. Contractor must maintain all records in compliance with federal and state regulations. The Contractor must submit to each program administrator, monthly statistical reports and an annual tabulated report.

22.2. The Contractor must separately invoice each County department using the final contract.

Invoices for all users of the contract must meet County requirements, unless otherwise indicated. The Contractor must send each department an itemized monthly invoice (or as agreed to between the parties), which must include the information listed below:

a. Employee name;

b. The name of the County department;

c. Date of services

d. The type of services; and,

e. The itemized cost for each item/service.

22.3. County departments must receive monthly invoices by the 10th of each month following the month the Contractor provided the service. In addition, the Contractor will provide each County department a monthly and year-to-date utilization report which lists all information shown above in paragraph 19.2, a-e. The Contractor will mail the invoices and the utilization reports to the individuals identified in the final contract.

22.4. Invoices shall be emailed at FCPSInvoices@fcps.edu

23. CONTRACT PERFORMANCE MONITORING

23.1. As part of the County’s commitment to improved outcomes, the County seeks to actively and regularly collaborate with contractors to enhance contract management, improve results, and adjust service delivery based on learning what works. Reliable and relevant data is necessary to drive service improvements, facilitate compliance, inform trends to be monitored, and evaluate results and performance. As such, the County reserves the right to request/collect key data and metrics from contractors.

23.2. The County is interested in identifying metrics to monitor and improve performance during the life of the contract. The County has identified initial metrics of interest and will work with the successful offeror(s) to add to or refine this list during contract negotiations. The final set of performance metrics and frequency of collection will be negotiated by the successful offeror(s) and the County, codified in the final contract, and may be modified as may be mutually agreed in writing.

Performance Metric &

Description

Target Data Source

Data Collection Frequency

Data Collection

Responsibility

Data Review Frequency

Remedy

Official Attendance & Punctuality – Officials arrive on time and are present for all assigned matches

100% attendance;

≥ 95% on-time arrival

Game reports;

school staff logs

Each match School Athletic Director / Site Manager

Monthly / Season-end

Written warning;

replacement official; potential removal for repeated issues

Certification & VHSL Compliance

– Officials maintain required VHSL certification and eligibility

100% compliance

VHSL

Directory;

certification records

Prior to season and as needed

Contractor Pre-season / Annual

Disqualification until compliance;

replacement at no cost

Game Rule Adherence & Professional

≥ 95% satisfactory ratings

Coach/AD evaluations

Each match / as incidents occur

School Athletic Director

Monthly / Season-end

Retraining;

probation;

removal for mailto:FCPSInvoices@fcps.edu

Conduct – Officials demonstrate knowledge of rules and professionalism

; incident reports repeated violations

Assignment Fulfillment Rate – Contractor fills all assigned officiating slots

≥ 98% assignment s filled

Assignment schedules;

cancellatio n logs

Weekly / Per match

Contractor Monthly

Financial penalty or credit;

requirement to provide substitute officials

Timely Communication & Scheduling – Timely confirmation and updates of assignments

100% confirmatio ns within agreed timeframe (e.g., 48 hours)

Email logs;

scheduling system

Per assignment Contractor Monthly Warning;

corrective action plan

Complaint Resolution – Timely resolution of complaints or disputes

≥ 90% resolved within 5 business days

Complaint logs;

correspond ence records

As needed Contractor Monthly / Quarterly

Escalation;

performance review; possible contract action

Uniform & Equipment Standards – Officials adhere to required uniform and equipment guidelines

100% compliance

Game-day observation s; Director of Student Activities reports

Each match Director of Student Activities

Monthly

Warning;

removal from assignment until compliant

Reporting & Documentation – Submission of required game reports and documentation

100% submitted within 24– 48 hours

Game reports;

submission logs

Each match Officials / Contractor

Monthly Payment hold;

warning;

corrective action

24. PAYMENTS:

24.1. The County will pay the Contractor based upon completion, acceptance, and approval by the County of each task outlined in the Special Provisions, paragraph 7, TASKS TO BE

PERFORMED.

25. CHANGES:

25.1. 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 Contractor’s 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.

25.2. 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.

26. DELAYS AND SUSPENSIONS:

26.1. The County may direct the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the County. The County will extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

26.2. If the County does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the County Purchasing Agent written notice if Fairfax County fails to provide data or services that are required for contract completion by the Contractor. The County may extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The County may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

26.3. The Contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the Purchasing Agent such work is not impacted by the County’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

27. ACCESS TO AND INSPECTION OF WORK:

27.1. 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.

28. PROJECT AUDITS:

28.1. The Contractor shall maintain books, records and documents of all costs and data in support of the services provided. Fairfax County or its authorized representative shall have the right to audit the books, records and documents of the contractor under the following conditions:

a. If the contract is terminated for any reason in accordance with the provisions of these contract documents in order to arrive at equitable termination costs;

b. In the event of a disagreement between the contractor and the County on the amount due the Contractor under the terms of this contract;

c. To verify or substantiate any amounts invoiced or paid which are required to reflect the costs of services, or the Contractor's efficiency or effectiveness under this contract; and,

d. If it becomes necessary to determine the County's rights and the contractor's obligations under the contract or to ascertain facts relative to any claim against the Contractor that may result in a charge against the County.

28.2. These audit provisions shall give Fairfax County unlimited access during normal working hours to the Contractor's books and records under the conditions stated above.

28.3. Unless otherwise provided by applicable statute, the contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to Fairfax County for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor but without direct charge to the County, all its books, records documents and other evidence bearing on the costs and expenses of the services relating to the work hereunder.

28.4. Fairfax County's right to audit and the preservation of records shall terminate at the end of three

(3) years as stated herein. The Contractor shall include this "Right of Audit and Preservation of Records" clause in all subcontracts issued by it and they shall require same to be inserted by all lower tier subcontractors in their subcontracts, for any portion of the work.

28.5. Should the Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure Fairfax County's rights hereunder, the Contractor shall be liable to Fairfax County for all reasonable costs, expenses and attorney's fees which Fairfax County may incur in order to obtain an audit or inspection of or the restoration of records which would have otherwise been available to Fairfax County from said persons under this clause. Such audit may be conducted by Fairfax County or its authorized representative.

29. DATA SOURCES:

29.1. The County will provide the Contractor 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.

30. SAFEGUARDS OF INFORMATION:

30.1. 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.

31. ORDER OF PRECEDENCE:

31.1. 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, (Appendix A).

32. SUBCONTRACTING:

32.1. 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.

33. USE OF CONTRACT BY OTHER PUBLIC BODIES:

33.1. Reference Paragraph 71, General Conditions and Instructions to Bidders, Cooperative

Purchasing. Offerors are advised that the resultant contract(s) may be extended, with the authorization of the Offeror, 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 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 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 another public body will have no effect on consideration of your offer. (See Appendix B for sample listing).

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

33.3. Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies.

33.4. Each public body shall execute 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 contracts 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.

33.5. 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.

34. NEWS RELEASE BY VENDORS:

34.1. 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 a contractor without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

35. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

35.1. 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.

35.2. 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 Office of Equity and Employee Relations at 571-423- 3070, HRequity&empolyeerelations@fcps.edu or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

36. HIPAA COMPLIANCE: Intentionally Deleted

37. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

37.1. 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.

38. BACKGROUND CRIMINAL INVESTIGATION/IDENTIFICATION BADGES:

38.1. By the signature of its authorized official on the response to this solicitation, the Contractor certifies that neither the contracting official nor any of the Contractor’s employees, agents or subcontractors who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. The Contractor agrees to remove from the contract any employee, agent or subcontractor who has been determined by the School Board to be disqualified from service due to such convictions or the failure to truthfully report such convictions.

38.2. The Contractor shall immediately notify the FCPS Contract Specialist if any Contractor or employee of said Contractor providing services under the contract is arrested or indicted as a defendant in Virginia or any other jurisdiction. FCPS reserves the right to require that the employee be suspended from working on the contract until the charge(s) is adjudicated. This requirement does not apply to minor traffic violations, not requiring the appearance of the employee in court, unless the charge includes the illegal possession, distribution, use or influence of drugs or alcohol.

38.3. Due to enhanced security measures, Contractor employees/representatives are required to have photo identification and be able to present same upon request. Contractor employees/representatives shall report to the appropriate administrative and/or main office each time a site is visited. All Contractor employees will be required to wear a company picture ID badge, or temporary name tag, issued by the County, clearly visible above the mailto:HRequity&empolyeerelations@fcps.edu waist. Contractor employees/representatives who arrive at the County/School facility without appropriate identification badges will immediately be dismissed from the job site.

38.4. Failure to comply with the above requirements may result in termination of the contract.

39. FORCED AND INDENTURED CHILD LABOR PROHIBITION:

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 the contract the enforcement of which can be accomplished by process or penalties.

40. CLICK-THROUGH AGREEMENTS

The Parties agree that only the Director of the Office of Procurement Services may bind Fairfax County

Public School Board to contract terms or conditions. Any term or condition invoked through an ‘I agree’ click box or other comparable mechanism (i.e., ‘click wrap’ or ‘browse wrap’ agreement) does not bind

Fairfax County Public School Board or any Fairfax County Public School Board authorized end user to such terms or conditions, unless agreed to in writing by or on behalf of the Director of the Office of

Procurement Services.