834243weldBedf.pdf

REQUEST FOR PROPOSALS

RFP No. 2026-22

Issue Date: July 10, 2026

County of Bedford, Virginia https://www.bedfordcountyva.gov/government/departments-and-offices-e-n/finance/solicitations

Title:

On-Call Welding and Fabrication Services

Pre-Proposal Meeting

A Pre-Proposal Meeting is not scheduled for this solicitation.

Proposals Due: August 11, 2026, through 4:00 PM Eastern Time Method of Proposal Submittal

To be considered, proposals must be submitted as specified in Section B of this document. No exceptions.

Questions: Questions or comments related to this solicitation shall be directed to the Contract Officer not later than 4:00 p.m. Eastern Time on July 27, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted. Questions submitted after the due date will not be responded to.

Contract Officer: Heather Knight, CPPB, VCO, VCA, Procurement Manager hknight@bedfordcountyva.gov

The County of Bedford, Virginia (the “County”) is seeking proposals from qualified firms (the “Offeror”, “Vendor” or “Consultant”) to furnish the goods and/or services described herein, for submittal to the County as specified above. This solicitation is posted on the website listed above and is available for free download.

The solicitation is also posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov), and is available for free download.

On-Call Welding and Fabrication Services RFP# 2026-22

Table of Contents

REQUIREMENTS

Section A – Scope of Work Section B – Proposal Process Section C – Contract-Specific Terms and Conditions Section D – General Terms and Conditions

Section E – Special Terms and Conditions

EXHIBITS

DO NOT COMPLETE OR RETURN EXHIBITS WITH YOUR PROPOSAL.

A sample Contract is provided as an Exhibit.

The sample Contract references two (2) yet-to-be-created exhibits:

1. The Offeror’s Proposal

2. Negotiated Changes to the Proposal

Additional exhibits as applicable to the RFP document and/or the resultant contract include:

3. Certification of Compliance with Immigration Laws and Regulations

4. Insurance Requirements

SUBMITTAL DOCUMENTS

Form A: Proposal Form (Include responses to all sections)

Form B: Pricing Form

REQUIREMENTS

SECTION A

SCOPE OF WORK

1. PURPOSE: The purpose of this Request for Proposals (RFP) is to solicit proposals to furnish/provide on-call services of a certified welding and fabrication contractor. Contractor will furnish all materials, labor, supervision, transportation, equipment, and any incidental necessary to complete requested work.

2. BACKGROUND: The County is the fifth largest county by land area in the Commonwealth of

Virginia, with a population of more than 80,000. According to census data, the County has seen a 25 percent increase in population growth since 2000.

The County is located centrally between two metropolitan areas: Lynchburg (to the east) and Roanoke (to the west). From the Town of Bedford, Downtown Lynchburg can be reached in 30 minutes and Downtown Roanoke in 40 minutes.

3. SPECIFICATIONS / SCOPE OF WORK: The County intends to award multiple contracts to licensed firms, herein referred to as “Contractor” to furnish all labor equipment, supervision, welding equipment and consumable welding supplies for the performance of work under this contract.

Requested services may include but not be limited to welding of ferrous/nonferrous metals, cutting, plasma, brazing, metal inert gas (MIG), tungsten inert gas (TIG), aluminum, sheet metal, and various fabrications, as needed. Examples of work include repairs to facility infrastructure, equipment and fabrication of related items. The awarded contractor must have portable equipment to allow onsite work at Owner facilities and will be expected to work after hours and for emergency callouts.

The Contractor shall have specialized experience in heavy equipment and landfill operations.

Contractors should possess a proven track record of successfully performing welding and metal fabrication services on heavy machinery, particularly those used in landfill, construction, and solid waste management operations. This includes, but is not limited to, experience with landfill compactors, dozers, excavators, and related rigging and transport equipment. Familiarity with the unique operational stresses and material requirements of landfill environments is essential.

Contractor Qualifications: Contractor shall provide competent and qualified welders with certifications through the American Welding Society or equivalent.

Contractor shall provide a welder with a minimum of three (3) years’ experience and knowledge of welding and fabrication services of various sizes and scopes.

Contractor shall be financially capable to undertake projects of varying size and scope.

Contractor shall have the ability to perform welding services on site and have access to a local fabrication shop.

Contractor Responsibilities: Contractor shall be responsible for covering all costs, direct and indirect, to fulfill the obligations of the intent of the work described, encompassing materials, labor, supervision, and other items necessary to complete the work.

If required, Contractor shall obtain all permits prior to beginning any work. It is also the responsibility of the Contractor to schedule any required inspections. When permits are necessary for a project, permit fees will be waived or the Contractor shall be reimbursed for the Owner’s permit charge.

Contractor shall keep adjacent areas and properties safe and free of project materials, equipment and litter.

The Contractor shall not leave any equipment or materials at the work site without Owner’s consent.

The Owner shall not be responsible for any tools or equipment left on the jobsite unattended. The Contractor shall also be responsible for all delivered materials and work performed until completion and acceptance of the entire project, except for any completed unit of construction that may have already been accepted.

The Contractor shall be responsible for all damages to persons or property that occur because of their fault or negligence. The Contractor shall take all proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall always comply with OSHA standards.

The Contractor shall perform work to the satisfaction of the designated Owner’s Project Manager.

Owner’s Rights and Responsibilities:

Requesting Services: The Owner will use the Contract Proposal Sheet (CPS) to notify Contractor(s) of requirements on an as needed basis. As noted on the CPS, the Owner will indicate the scope of services required and the time limit for the project. The Contractor(s) shall meet with the Owner Project Manager(s) within three (3) days after notification to discuss and review requirements for any project, only if further clarification is needed. The Contractor(s) shall respond to any Owner request within the time specified, regardless of the size and dollar value of the project. The Contractor(s) shall forward their written proposal for the project in the area provided on the CPS, based on the contract pricing, within three (3) days of receipt of the CPS. Written proposals shall note the contract number, specify each major step or phase of the work to be performed and include a written detailed estimate of the costs as awarded in the contract, to complete the project, including labor, materials if requested, and a forecast date of completion, expressed either as a definite date or the number of days after notification to proceed with the work.

Changes and Alterations: The Owner reserves the right through its Project Manager to make such alterations in the installation of items of work shown on the plans, as may be necessitated by conditions found during construction that in the judgment of the Project Manager appear advisable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the Owner’s Project Manager. If such changes increase the amount of the work or materials, the Contractor will be paid according to the quantity of work done at the prices established for such work under the contract. If such alterations or changes diminish the quantity of work to be done, they shall not constitute a claim for damages or for loss of anticipated profits in the work which may be dispensed with, and the work as constructed shall be paid for in accordance with the contract.

Decreases in Work under Lump Sum Items: Should it be deemed expedient by the Project Manager at any time that the works are in progress to decrease the dimensions, quantity of materials or work, or alter the situation or levels, or vary the form of dimensions of any part of the said work in any other way the work, Owner or Project Manager shall have the full power to do so, if done in accordance with said contract and to order and direct such decreases to be made or performed and without in any way violating the effect of said contract. The Contractor shall provide any such changes without in any way violating the effect of said contract. The Contractor shall in pursuance of such order and directions as he/she may require in writing from the Owner or Project Manager, execute the work thereby ordered and directed, and the difference in expense occasioned by such decrease or diminution so ordered shall be deducted from the amount payable under this contract in accordance with the specified provisions as named in the proposal and/or specifications if not so named to cover such decrease as ordered.

Project Manager shall ascertain the amount of deductions based on the proper, fair and reasonable allowance for the lesser amount of materials and labor required. If necessary, in order to establish such fair allowance, the Contractor may be required to submit a detailed breakdown of his/her original CPS for the items of work involved.

Additions/Deletions: The Owner reserves the right to add similar items/services or delete items/services specified in the subsequent contract as requirements change during the period of the contract. Prices for items/services to be added to the contract will be mutually agreed to by the Owner and the Contractor. A contract amendment will be issued for each addition or deletion.

Cancellation of Orders: Purchases made under this contract are for readily available services specified herein. The Owner reserves the right to cancel the order and/or to refuse delivery if the services ordered are not furnished within a reasonable period or as specified in a task proposal.

SECTION B

PROPOSAL PROCESS

PROPOSAL PREPARATION, SUBMISSION REQUIREMENTS, AND AWARD PROCEDURES

1. PROPOSAL FORMAT

To facilitate the analysis of proposals, Offerors should prepare the proposal as presented in this section.

Proposals should be prepared as simply as possible with straightforward, concise descriptions to demonstrate an understanding of the project and services required by the County. Proposals that provide innovative alternatives and creative approaches are encouraged. Any other information thought to be relevant, but not applicable to the categories below, may be provided as an appendix to the proposal.

The proposal should be organized with tabs in the following order and minimally contain the following information:

1. Attachment A- Completed and Signed Proposal Form (This form should act as the cover for the proposal)

2. Technical Proposal – The Offeror is encouraged to provide relevant and concise responses.

Provide the following:

a. A one-page executive summary that provides a narrative, prepared in non-technical terms, summarizing the proposal.

b. In individual tabs, address each area identified as an Evaluation Factor (See # 5 below)

c. Letter of Transmittal that includes the items listed below:

History of the company, including the number of years in business, size of company, and financial status.

A statement of the understanding of the work to be performed with descriptions of the approach and procedures to be employed.

Biographies, to include their role, relevant education, and experience for those individuals that will be providing the services included herein.

o Resumes can be included and are strongly encouraged.

o Identify all sub-consultants who will work on the project/provide services and define their roles.

Experience and Success on projects similar in size and scope.

Experience working on large scale equipment Certifications as to welding proficiency

2. PROPOSAL SUBMISSION

a. Submit one (1) electronic version (preferred) or one (1) original signed paper version (conspicuously marked as “ORIGINAL”). Proposals (including all documents, schedules, reports, plans, and other attachments) will not be returned. If proprietary and/or confidential information is included in the proposal, a second, “redacted” electronic version of the proposal shall be included with the electronic submission and be named “Redacted Version”.

All electronic files uploaded must be in a common format accessible by software programs the County uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft PowerPoint (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Offerors will not secure, password-protect, or lock uploaded files; the County must be able to open and view the contents of the file. Offerors will not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images, or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

b. Proposals must be received by County Staff by the time specified on page one of this RFP. Late deliveries will not be considered. If the Vendor/Offeror is submitting a response via email, the Vendor/Offeror is responsible for confirming that the type and size of the files to be transmitted can be received by the County before the submission deadline. Submissions received after the deadline due to technological difficulties will not be considered.

c. Proposals shall be submitted as specified below; other methods are not allowed.

1. Proposals shall be emailed to hknight@bedfordcountyva.gov. USB Thumb Drives or paper copies shall be delivered to the Finance Department, located at 122 East Main Street, Suite 203 (3rd Floor), Bedford, VA 24523, between the hours of 8:30 am and 5:00 pm, Monday through Friday. The name of the department is located on the door to the office.

The following information should be written on the outside of the submittal envelope or package:

RFP Number Title of RFP Solicitation Submittal Deadline Date and Time Offeror’s Name

2. If the building is closed to visitors, call 540-586-7729 and County staff will meet you at the building’s front door to receive your proposal.

3. If the building is closed to both visitors and County staff (i.e.: snow closing), then proposals shall be accepted on the next business day of the County at the originally scheduled time.

4. In addition to delivery by the Offeror as described above, proposals may be delivered by USPS, UPS, FedEx, etc., however the County assumes no responsibility for misrouted documents, and will not consider them if they are received in the Finance office after the specified date and time deadline.

d. Proposals will not be accepted if submitted by any other method than as specified above.

e. All proposals shall be submitted on and in accordance with this form. Failure to return the required documents and information specified herein may result in a determination that the proposal is non-responsive. All costs associated with preparing a proposal are the Offeror’s responsibility.

f. The solicitation document as posted by the County shall be considered the official copy. In the case of any inconsistency between proposal documents submitted to the County, but not clearly listed on the exception page of the document as an exception by the Offeror, the language of the official copy shall prevail. Furthermore, any exception or changes to the specifications or terms and conditions made by the Offeror may be cause to disqualify the proposal from award consideration.

g. The County’s receipt of a proposal document is not to be construed as a determination that the proposal document is responsive, nor shall receipt of a proposal document be construed as an award or an order to provide goods or services.

h. All proposals must be signed by an officer or employee having the authority to sign on behalf of the firm.

i. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County.

j. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the proposal.

k. Prices shall be entered on and in accordance with the proposal form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern, and the correct amount will be calculated by the County. In case of an error in the total cost, the individual line items shall govern, and the summation will be calculated by the County. When included on the proposal form, failure to provide unit pricing may result in a determination of non-responsiveness.

l. The Terms and Conditions in this Request for Proposals shall supersede any terms and conditions of the Offerors proposal. Any additional conditions an Offeror intends to be considered must be submitted as part of the proposal and be indicated on the Exceptions section of the Proposal Form.

Such exceptions may result in the proposal being determined non-responsive.

m. The Specifications, Scope of Work, Item Descriptions, etc. shall supersede any additional writings submitted by the Offeror. Such writings shall be clearly marked and noted by the Offeror on the exception page.

n. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand make, or catalog designation in specifying an item does not restrict Offerors to the manufacturer, brand, make, or catalog designation identification. This is used simply to indicate the character, quality, and/or performance equivalence of the goods and/or services desired. The goods and/or services on which proposals are submitted must be of such character, quality, and/or performance equivalence that it will serve as specified. In submitting proposals on goods and/or services other than as specified, the Offeror shall so note on the Exceptions section of the Proposal Form and shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish. Consideration will be given to proposals submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the County.

If the Offeror does not indicate the goods and/or services he proposes to furnish are other than specified, it will be construed to mean the Offeror proposes to furnish the exact goods and/or services described.

o. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning only the best commercial practices are to prevail and correct type, size, and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

p. Offerors may request withdrawal of their proposal from consideration due to error by giving notice not later than two business days after the Request for Proposals closing date. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose.

q. The Offeror’s proposal (including all documents, schedules, reports, plans, and other attachments) shall become the property of the County of Bedford, VA, and/or any agency of the County, and/or any political subdivision for whom the County of Bedford, VA issues this solicitation, and documents will not be returned to the Proposer.

3. ADDENDA: Changes or supplemental instructions to this Request for Proposals will be in the form of a written Addenda. All Addenda will be posted online with this solicitation. It is the Offeror’s responsibility to check for Addenda prior to the RFP closing date and time to ensure that all addenda are received.

The County posts all solicitations and related addenda on Procurement’s webpage.

All Offerors shall acknowledge receipt of the Addenda with the Proposal. Acknowledgment of all Addenda shall be in the space provided on the Proposal Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the proposal may be determined non-responsive.

4. NO PUBLIC OPENING: There is no public opening of proposals.

5. EVALUATION FACTORS: Proposals that are found to be responsive will be evaluated and assessed in accordance with the evaluation criteria below. To be considered responsive, at a minimum, Offerors must complete and submit all required information on time and submitted as specified in the RFP. An Evaluation Committee will be used to independently review and score all responsive Proposals. The Evaluation Committee is expected to contain 3-5 individuals that may, or may not, have technical expertise with this particular type of project or service. Therefore, it is important that the Offerors prepare and submit non-technical documents (to the maximum extent possible). The criteria and maximum point score for each criterion used for evaluation are listed in order of importance:

a. Demonstrated understanding and explanation of the specified services offered as they relate to the desired outcomes as outlined in the scope of services. (25 maximum point score)

b. Ability to perform the services in a reasonable period. (20 maximum point score)

c. Accessibility, proximity, and ability to be on-site as necessary to perform the services. (20 maximum point score)

d. Past performance and Related experience. Offerors must demonstrate their ability to perform the requested scope of work and provide pertinent examples of past performance relative to the scope of services specified. Submittal shall indicate the quality of previous work, timeliness, diligence, and ability to meet schedules, budgets, and needs of clients. (15 maximum point score)

e. Proposed fee/costs/and/or rates associated with the specified services. (15 maximum point score)

f. Responsiveness and Overall Quality of the Proposal: (5 maximum point score)

i. Quality and completeness of the submitted proposal.

ii. Content of the proposal

The above criteria will be scored based on the following 5-point scale:

Score/Ranking Percentage

Fails to address criterion or cannot be assessed 0% Poor 25% Fair 50% Good 75% Very Good 90% Excellent 100%

6. EVALUATION OF PROPOSALS:

All proposals shall be reviewed for compliance with mandatory requirements as stipulated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. Offerors may be contacted for clarification of the responses. Prior experience with a vendor who has previously been under contract with the County will be considered as part of the evaluation process even if that prior experience wasn’t documented in writing. Procurement will provide specific Submittal Forms to the Evaluation Committee. The Evaluation Committee members will independently evaluate and score the documents and submit their scores back to Procurement. The data and evaluator scores will be calculated and prioritized. Offerors will then be shortlisted, and the highest-ranking proposals may be invited to participate in an Interview Process. If interviews are conducted, individual discussions may then be had with each such Offeror.

Repetitive informal interviews shall be permissible. O fferors shall be encouraged to elaborate on their qualifications, k n o w l e d g e , a n d u n d e r s t a n d i n g o f t h e scope of work, obstacles and challenges, strategies, performance data, or expertise pertinent to the proposed project as well as any alternative concepts. These discussions may encompass non-binding estimates of total project costs, including, where appropriate, design, construction, and life cycle costs. Methods to be used in arriving at a price for services may also be discussed. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. The price of service may be discussed and considered but will not be the sole determining factor in concluding negotiations.

After the shortlisted Offerors have been interviewed, evaluated, and scored by the Evaluation Committee, Procurement will perform a final prioritization based on the criteria and weights described in Section 5. The highest prioritized Offeror will be invited into negotiations. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable and pursuant to contract terms and conditions acceptable to the County, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County, after the initial submission of proposals, determine in writing and in its sole discretion that only one Offeror is fully qualified, a contract may be negotiated and awarded to that Offeror.

When the terms and conditions of multiple awards are so provided for in the request for proposal, awards may be made to more than one Offeror.

7. AWARD:

a. Award shall be made to the responsible Offeror(s) whose proposal is determined to be the top-ranked by taking into consideration the evaluation factors set forth herein and the successful negotiation of a price that is considered fair and reasonable. The award of a contract shall be at the sole discretion of the County. The award shall be based on the evaluation of all information as the County may request.

The County reserves the right to accept or reject any or all proposals in whole or in part and to waive informalities in an Offeror’s proposal. Further, the County reserves the right to enter into one or more contracts deemed to be in its best interest.

b. A notice of award will be posted with the original solicitation on the County’s Procurement website.

c. As permitted by the County of Bedford, an Offeror may protest the award or decision to award by submitting such protest in writing to the Procurement Manager no later than ten (10) days after the award or the announcement of the decision to award. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought.

8. DEBRIEFING

Unsuccessful proposers may request a debrief in writing within three calendar days after the County’s award notice. The County will discuss only the strengths and weaknesses of that proposer’s submission in relation to the evaluation criteria during the debrief. The intent of the debrief is to provide the Offeror with constructive feedback on their own proposals towards areas of continuous improvement. No other Offeror's proposals will be discussed. No proprietary information shall be disclosed. A debrief is not an opportunity to unofficially protest or change the outcome.

SECTION C

CONTRACT SPECIFIC TERMS AND CONDITIONS

1. QUESTIONS: Questions regarding this Request for Proposals (RFP) must be received prior to the date and time posted on the cover page.

2. QUALIFICATIONS: Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract. Offeror shall have three (3) years of experience providing welding and fabrication services of various size and scope.

3. METHOD OF AWARD: The County will make multiple awards to the responsible Offerors who has ranked the highest and successfully negotiated with the County.

4. CONTRACT/AGREEMENT: Following the award, a contract/agreement will be executed between the Offeror and the County. A sample contract is included in this Request for Proposals. Do not return the sample contract with the proposal; it is provided for informational purposes only.

5. CONTRACT MODIFICATIONS: Any modifications made to the contract must be approved by

Procurement in advance.

6. CONTRACT PERIOD/ RENEWAL:

The initial contract period will be for one year from the date of award with the option to renew, at the County’s sole discretion, for four (4) additional one (1) year periods. If a determination is made by the Purchasing Agent that circumstances warrant, a contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one-year renewal period upon mutual agreement of the County and Offeror.

7. PRICE ADJUSTMENT:

Prices shall remain firm for the initial contract period. Should the County exercise the option to renew the contract for additional one-year periods, the Offeror may request a price increase prior to the end of the then-current period. The price increase for each renewal period shall not exceed the applicable category of the CPI-U.

The newly adjusted price(s) will become effective upon a mutually acceptable date, but not prior to the date of the renewal period, and will apply to goods or services requested on or after the effective date of the new price. The Offeror shall submit a written request for a price increase (email, facsimile, or US Mail). When applicable, evidence/proof of price change from the manufacturer or other relevant source shall accompany the price increase request. Price increases will not be automatic and are subject to approval by the County of Bedford, Virginia. If approved by the County, price increases may be limited to a maximum of 5% for each one-year renewal period.

If a price decrease is provided by the supplier, distributor, or manufacturer, such price decrease shall be immediately passed on to the County of Bedford, Virginia.

8. DELIVERY OF GOODS/SERVICES: The time of proposed delivery must be stated in definite terms.

Delivery tickets shall show quantity, description, unit price, total price, and purchase order number.

9. TIME IS OF THE ESSENCE:

Liquidated Damages: When Time Is Of The Essence for an individual project, the parties shall agree that the Contractor shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages, and not as a penalty. The amount of the liquidated damages shall be mutually agreed upon prior to the issuance of a written addendum to the Contract/Agreement.

When applicable, the accrual of liquidated damages for failure to reach final completion is not contingent upon whether the Contractor reaches substantial completion as required and/or whether liquidated damages relating to substantial completion are assessed. Contractor further agrees that Own may deduct and retain all such liquidated damages out of any money due Contractor under the terms of this contract.

Execution of the contract under these specifications shall constitute agreement by the County and Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

Permitting the Contractor to continue and finish the work or any part thereof after the contract time or adjusted contract time, as pertinent, has expired shall in no way operate as a waiver on the part of the County or any of its rights under the contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the County’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

10. SCHEDULING AND DELAYS: The parties to a contract resulting from this RFP acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials, and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the Offeror’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County and Offeror will negotiate a mutually agreeable adjustment to the Offeror’s award amount.

11. METHOD OF ORDERING: The Offeror shall provide goods or services on an as-requested basis from the user department. The County will only issue Purchase Orders upon request

NOTE: The County operates on a fiscal year basis from July 1 through June 30 of each year.

12. INVOICING: Invoices shall be sent to the address specified in the Contract.

13. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Description of Goods and Services, Unit Prices, Total Price) and delivery of goods or completion of services according to specifications and subject to inspections.

14. PAYMENT TERMS:

a. Payment terms shall be “Net 30 Days" unless otherwise stated in the Offeror’s Proposal or if otherwise negotiated. Alternate terms may be proposed by the Offeror for prompt payment of bills.

b. The payment terms stated herein must appear on the Offeror’s invoice. Failure to comply with this requirement may result in the invoice being returned to the Offeror for correction.

c. Late payment charges shall not exceed 1% per month of the invoice amount due.

d. If offered by the Offeror, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

e. Invoices for goods or services ordered, delivered, and accepted shall be submitted directly to the “Invoice To” address shown on the contract. Any payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. However, this shall not affect Proposals or discounts for payment in less than thirty (30) days.

15. INSURANCE: The Offeror shall maintain adequate liability insurance, which shall protect and save harmless the County of Bedford, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workers’ compensation laws.

Following the award of the contract, the Vendor / Consultant shall furnish proof of said insurance prior to commencement of services. See “Exhibit 4” for requirements.

If the Offeror is selected for contract award, the Vendor/Consultant shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the County to award a contract to the next responsive Offeror and hold the original Vendor/Consultant liable for excess costs.

16. SUPERVISION: The Offeror shall supervise and direct the Work, and shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Offeror shall employ and maintain on the Project a qualified supervisor who shall have been designated in writing by the Offeror as the Offeror's representative at the site. The supervisor shall have full authority to act on behalf of the Offeror and all communications given to the supervisor shall be the same as if mailed to the business address of the Offeror. The supervisor or a designated representative shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The Offeror shall notify the Owner in writing prior to any change of supervisor and receive the Owner’s approval for the replacement.

17. BACKGROUND CHECKS: Prior to any employee of Offeror, or any employee of a subcontractor, doing on-site work for this project, the Offeror at the Offeror’s expense shall require such individual to submit an application for federal, state and local criminal history background checks, as well as a check through the National Sex Offender Registry and the Virginia Child Abuse and Neglect Registry. Offeror likewise shall provide the County with the results of such background checks on himself. Any findings must be reported to the Contract Officer, and the County in its discretion may refuse permission for any individual to perform on-site work whose background check reveals a prior criminal or sex offender history.

18. COVID-19: Contractors and subcontractors are required to notify the Procurement Manager if one or more of their employees test positive for Covid-19 and has been at a County worksite within 14 days of the positive test.

19. MISCLASSIFICATION OF WORKERS PROHIBITED: The Contractor and its subcontractors shall appropriately classify all workers as employees or independent contractors, pursuant to law, and guarantee and hold harmless the County from any liability arising from Contractor’s failure to do so.

20. SECURITY BREACH NOTIFICATION:

“Security breach” means a security-relevant event in which the security of a system or procedure used to create, obtain, transmit, maintain, use, process, store, or dispose of data is breached, and in which county data is exposed to unauthorized disclosure, access, alteration, or use.

Examples include but are not limited to, the following: an email account is compromised in your organization that is used to communicate with the county; a computing/storage device in your organization that had county data saved on it is compromised.

Upon becoming aware of a security breach or a suspected security breach, the contractor agrees to promptly (but no later than 24 hours after becoming aware of a breach or suspected breach) notify the county; fully investigate the event; and cooperate fully with the county’s investigation of and response to the event. Except as otherwise provided by law, the contractor will not provide notice of the incident directly to individuals whose personally identifiable information was involved, regulatory agencies, or other entities, without prior written permission from the county.”

21. REQUIREMENT FOR AI SYSTEMS:

In the event an AI incident, at the request of the County, the Contractor shall thoroughly investigate their systems of any suspected AI incident and promptly report findings to the County. An “AI incident” is an alleged harm or near harm event to people, property, reputation, or technical integrity of the environment where an AI system is implicated. Examples of AI incidents include providing false information, copyright infringement, generating harmful bias, system misuse, exposure of sensitive information, and liability risk.

22. COMPLIANCE WITH STATE LAW; CONTRACT TERMS INCONSISTENT WITH

STATE LAW

Per Code of Virginia §2.2-4311.3 “information technology goods and services” means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services.

No term or provision in any public contract for the acquisition of information technology or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable.

Any term or provision in such a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract’s choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.

That the provisions of this act shall apply to any public contract that becomes effective on or after July 1, 2025.

23. VIRGINIA PUBLIC PROCUREMENT ACT; PROCUREMENT OF IMPORTED

GOODS; FORCED AND CHILD LABOR PROHIBITION

A public contract for goods or services that exceeds $10,000 shall (i) prohibit the use of forced or indentured child labor in the performance of the contract and (ii) require the contract includes such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontract or vendor.

SECTION D

GENERAL TERMS AND CONDITIONS

GENERAL TERMS, CONDITIONS, AND INSTRUCTIONS TO BIDDERS/OFFERORS

GENERAL CONDITIONS AND INSTRUCTIONS FOR PROFESSIONAL SERVICE CONTRACTS

Firm: These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by Bedford County. The term “Owner” as used herein refers to the contracting entity which is the signatory on the contract. Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting proposals:

failure to do so will be at the offeror’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, proposals on all solicitations issued by the Owner will bind offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. AUTHORITY-The County Department Contact or designee has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and task order issued by the Owner. Unless specifically delegated by the Director, no other Owner officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the Owner for an indebtedness. Any agreement or contract made which is contrary to these provisions and authorities shall be of no effect and void and the Owner shall not be bound thereby.

2. COMPETITION INTENDED: It is the Owner’s intent that this solicitation permit competition. It shall be the Offeror’s responsibility to advise the Director in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source. The Director must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the proposals.

CONDITIONS OF BIDDING

3. CLARIFICATION OF TERMS - If any Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the contact whose name appears on the face of the solicitation no later than five (5) business days prior to the date set for receipt of proposals unless otherwise indicated in the proposal. Any revisions to the solicitation will be made only by addendum issued by the Owner. Notifications regarding specifications may not be considered if received in less than five (5) business days of the date set for receipt of proposals unless otherwise indicated in the proposal.

4. MANDATORY USE OF OWNER FORM AND TERMS AND CONDITIONS: Failure to submit a proposal on the official Owner form provided for that purpose shall be a cause for rejection of the proposal. Unauthorized modification of or additions to any portion of the Request for Proposal may be cause for rejection of the proposal. However, the Owner reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any proposal which has been modified.

5. LATE PROPOSALS & MODIFICATION OF PROPOSALS:

Any proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the proposal/modification is considered a late proposal/modification.

The Owner is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers or the inter-office mail system. It is the sole responsibility of the Bidder/Offeror to ensure their bid/proposal reaches the Owner by the designated date and hour at the County Administration Office.

a. The official time used in the receipt of proposals is that time in the County Administration Office.

b. Late proposals/modifications will be returned to the Offeror UNOPENED, if solicitation number, acceptance date and

Offeror’s return address is shown on the container.

c. If the Owner closes its offices due to inclement weather scheduled receipt of proposals will be extended to the next business day, same time.

6. WITHDRAWAL OF BIDS/PROPOSALS:

A Bidder/Offeror for a contract other than for public construction may request withdrawal of his or her bid/proposal under the following circumstances:

a. Bids/Proposals may be withdrawn on written request from the Bidder/Offeror received at the address shown in the solicitation prior to the time of acceptance.

b. Requests for withdrawal of bids/proposals after opening of such bids/proposals but prior to award shall be transmitted to the Owner, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the Owner may exercise its right of collection.

No Bid/Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another Bid/Proposal of the same bidder/offeror or of another bidder/offeror in which the ownership of the withdrawing bidder/offeror is more than five percent. In the case of Invitation for Bid’s, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No bidder/offeror that is permitted to withdraw a bid/proposal shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid/proposal was submitted.

7. IDENTIFICATION OF PROPOSAL ENVELOPE: The signed proposal and requested copies should be returned in a separate envelope or package, sealed and identified with the following information:

ADDRESSED AS INDICATED ON PAGE 1; RFP NUMBER & TITLE

PROPOSAL DUE DATE AND TIME; FIRM NAME AND COMPLETE MAILING ADDRESS (RETURN ADDRESS)

If a proposal is not addressed with the information as shown above, the Offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

8. ACCEPTANCE OF PROPOSALS: Unless otherwise specified, all formal proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty

(120) calendar 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.

9. OFFEROR’S PRESENT: At the time fixed for the receipt of responses for Request for Proposals, only the names of the offerors will be read and made available to the public.

10. RESPONSE TO SOLICITATIONS: In the event a Firm cannot submit a proposal on a solicitation, the Firm is requested to return the solicitation cover sheet with an explanation as to why the vendor is unable to submit a proposal.

11. DEBARMENT STATUS: By submitting their proposals, Offerors certify that they are not currently debarred from submitting bids/proposals on contracts by the Owner, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the Owner or any agency, public entity/locality or authority of the Commonwealth of Virginia.

12. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Public

Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the Owner. By submitting their bids/proposals, all Bidders/Offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal,…