837661engCfield.pdf

CHESTERFIELD COUNTY

PROCUREMENT DEPARTMENT

CHESTERFIELD, VIRGINIA

Request for Proposals

RFP Number: ............................................................................................................................ RFP2700005

Title: ..................................................................... Engineering Services –Groundwater Monitoring Program

Issue Date: ............................................................................................................................. August 4, 2026

Proposals Due No Later Than: .................................................................... September 4, 2026, 4:00 P.M.

Location for Receipt of Proposals: ................................... Chesterfield County, Lane B. Ramsey Building c/o Procurement Department

9901 Lori Road Chesterfield, VA 23832

Inquiries: Questions which may arise as a result of this solicitation may be addressed to Vin Kamatchi, Procurement Manager, at (804) 717-6342, or by email to procurement@chesterfield.gov. Inquiries must be received no later than August 21, 2026 at 4:00 p.m. in order to be considered. Contact initiated by an offeror concerning this solicitation with any other County representative, not expressly authorized elsewhere in this document, is prohibited. Any such unauthorized contact may result in disqualification of the offeror from this transaction.

My signature below certifies that:

• I am authorized to sign this proposal on behalf of the firm listed below;

I, on behalf of the firm listed below, agree to abide by all terms and conditions of this Request for Proposals (RFP);

• the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1, et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

• that the accompanying proposal is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no County/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

• that the accompanying proposal is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§ 2.2-4367, et. seq. of the Code of Virginia), and any other applicable law as set forth therein.

Complete Legal Name of Firm: ________________________________________________________

Address: ________________________________________________________

Remit To Address: ________________________________________________________

Signature: __________________________________ Email:_____________________________

Name (type/print): ___________________________ Title: _____________________________

Fed ID No.: _____________________ Phone: (____)_______________ Fax: (____)______________

Proposal Dated: ___________________________

Please refer to Clause 6 of the General Terms and Conditions:

Minority-Owned Business: Yes No Chesterfield Business: Yes No

Women-Owned Business: Yes No Small Business Yes No

Service-Disabled Veteran-Owned Business Yes No

Military Family-Owned Business Yes No mailto:procurement@chesterfield.gov

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK/SPECIFICATIONS

IV. INSTRUCTIONS

V. TERMS AND CONDITIONS

VI. EVALUATION CRITERIA

VII. AWARD PROCEDURE

ATTACHMENT A - Virginia State Corporation Commission (SCC) Registration Information ATTACHMENT B – Sample Service Agreement ATTACHMENT C – Proprietary/Confidential Information Identification

I. PURPOSE

The purpose of this Request for Proposals (RFP) is to solicit qualified and interested professional engineers to submit proposals for providing Engineering Services to manage the County’s Groundwater Monitoring Program. It is the County’s desire to award a contract to one firm, however, the right is reserved to award to multiple firms.

II. BACKGROUND

Management of the groundwater monitoring program shall initially be required for the nine (9) monitoring wells located at the Northern Area Landfill at 3200 Warbro Road, Midlothian, Virginia 23112; twenty-eight (28) monitoring wells located at the Chester Landfill at 5921 Nena Grove Lane, Chesterfield 23832 and sixteen (16) monitoring wells at the Bon Air Landfill located at 1900 Chatsworth Avenue, Midlothian, Virginia 23208. The County reserves the right to require development and/or managing of programs at additional sites throughout the term of the resulting contract.

III. SCOPE OF WORK/SPECIFICATIONS

A. Scope of Services - The engineer will be required to provide all services necessary to develop and/or manage the County’s groundwater monitoring program. Offerors should address their ability to provide services to include, but not be limited to, the following:

1. Develop and manage the County’s groundwater and corrective action monitoring programs to ensure regulatory compliance in accordance with the Virginia Solid Waste Management Regulations.

2. Act as the County’s technical representative in dealing with regulatory agencies, hire and manage subcontractors, supervise any necessary construction or drilling activities, and evaluate laboratory results and procedures.

3. Perform all services under the supervision of a Professional Engineer or Professional

Geologist registered to practice in the Commonwealth of Virginia.

4. Perform all services in conformance with federal, state and local laws and regulations.

5. Supervise any construction or well drilling activities; post closure inspections and certifications relative to the groundwater-monitoring program; groundwater monitoring and system management; processing landfill permit amendments; sampling, statistical analysis, data validation; quarterly, semi-annual and annual sampling and reporting;

selection of laboratory; evaluation of laboratory results and procedures; QA/QC review of laboratory tests and results; and meeting with County staff and DEQ, as required by the County.

6. Perform additional services for those specified or implied by this RFP, that are within the scope of services normally performed by the Contractor, at any time during the term of the resulting contract.

B. Demonstration of Experience – Offerors should demonstrate their experience in the following areas as part of the proposal:

Demonstration of registration to practice and provide consulting services in the Commonwealth of Virginia.

2. Demonstration of expertise in all aspects (i.e., developing solicitations for procurement of laboratory services, sampling, analysis, reporting, permit amendments, etc.) of groundwater program management of solid waste facilities in the Commonwealth of Virginia. Include resumes for proposed professional staff to be assigned to the project and a project organization chart.

3. Relevant experience with the review, approval and permitting process with the VDEQ.

C. Individual Project Assignments

1. Individual work assignments will be negotiated for each specific project on an as needed basis. It shall be the sole decision of the County regarding which engineer the assignment is awarded to if contracts are awarded to multiple firms. The County reserves the right to perform work in-house or to award large projects through a separate procurement action.

2. Compensation and Method of Payment - As full payment and compensation for the performance and completion of work acceptable to the County for each project, the County will pay the Engineer in accordance with the sum determined for the individual project assignment. All work shall be performed for each project and shall be done on a lump-sum, not-to-exceed basis or a time and materials not to exceed basis. The hourly rates utilized to determine the cost of each assignment will not exceed the hourly rates determined for this contract. Total fee shall include all expenses for performing the necessary work, including professional fees and reimbursable expenses. Reimbursable expenses, which shall be the actual expenses incurred in connection with the work performed, for transportation, and sustenance incidental thereto, toll telephone calls and telegrams, reproduction of reports, drawings and specifications and computer time shall be estimated at the time of negotiation with actual expenses added to invoices. When assignments are negotiated on a lump-sum or not-to-exceed basis, the cost of attending the number of meetings as required by the County, shall be included in the fee.

3. Performance Schedule - The Engineer shall perform work in accordance with a performance schedule negotiated at the time of project assignment. The Engineer shall assign the work to qualified personnel in sufficient numbers to complete the work according to the performance schedule and designate a qualified Project Manager to oversee each project. The Project Manager shall work continuously on the project until final reports are accepted by the County.

4. Changes in Performance Schedule - The County may make changes to the work previously negotiated for an individual assignment. If any such change increases or decreases the time required to perform the work, the performance schedule will be adjusted accordingly. The Engineer will not be entitled to adjustments for changes in work that in the opinion of the County do not result in an increase in the Engineer’s cost of performing the work. Any changes in the scope of work for project assignments and performance of any additional services shall proceed only with express written authorization of the County.

D. Professional Standard - Offerors should demonstrate their ability to:

1. Perform all tasks in accordance with generally accepted professional standards.

2. Provide the best possible advice and consultation within engineer’s authority and capacity as a professional engineer.

3. Comply with all applicable regulations, laws, ordinances and requirements of all applicable governmental agencies and authorities.

4. Assign work to be performed to qualified personnel in sufficient numbers to meet negotiated performance schedules.

E. County Responsibilities

1. Provide all information in possession of the County which relates to the County’s requirements for the individual project or which is relevant to the project.

2. Assist the engineer in obtaining permission to enter upon public and private property as required for engineer to perform its services.

Examine all studies, test results, reports, sketches, drawings, specifications, proposals, and other documents presented by engineer.

Designate a person to act as the County’s representative with respect to the work to be performed under the resulting contract.

IV. INSTRUCTIONS

A. Submission and Receipt of Proposals

1. Offerors must submit proposals to the County either electronically or in hard copy.

If submitted electronically, proposals must be submitted via the County’s eProcurement system.

If submitted in hard copy, proposals must be delivered to:

Chesterfield County, Lane B. Ramsey Building c/o Procurement Department 9901 Lori Road P.O. Box 51 Chesterfield, Virginia 23832-0001 Monday-Friday 8:30 a.m. – 5:00 p.m.

All proposals, whether submitted electronically or in hard copy, must be received by the County no later than the date and time specified on the cover sheet.

2. If a proposal is submitted electronically and the offeror is invoking Virginia Code § 2.2-4342(F) and providing Attachment D, the offeror must include both an unredacted copy and a redacted copy of the proposal with the submission.

3. If a proposal is submitted in hard copy, the offeror must submit one (1) original hard copy and one (1) electronic copy on USB Drive, and if the offeror is invoking Virginia Code § 2.2-4342(F) and providing Attachment D, the offeror must also submit one

(1) redacted hard copy and one (1) redacted electronic copy on USB. Proposals that are submitted in hard copy will be digitized by the County, and the County’s digital file will become the permanent record of the proposal.

4. NOTE: If the proposal is submitted in hard copy, the electronic copy of the proposal on the USB drive must be an exact match of the paper copy, including signatures on all required forms, pamphlets, charts, promotional material, etc. There should be no deviation between the hard copy and the electronic copy.

5. Except as provided in Section IV.A.3, above, an offeror should not submit a proposal in both hard copy and electronically, but instead should choose only one method of submitting a proposal.

6. Should the offeror decide to utilize an express delivery service or hand deliver, please note that the Lane B. Ramsey Building is located at the intersection of Ironbridge Road (State Route 10) and Lori Road. All hard copy proposals shall be delivered to the Lobby. Hours for the Lane B. Ramsey Building are Monday – Friday 8:30 a.m. – 5:00 p.m.

7. For hard copy submissions, the offeror must mark the outside of the envelope with RFP# 27000005 and proposal subject, Engineering Services – Groundwater Monitoring Program.

8. It is the sole responsibility of each offeror for ensuring that their hard copy proposal is stamped by Procurement Department personnel or a Procurement Department designee before the deadline indicated in Paragraph A of these instructions or that their electronic proposal is accepted through the County’s eProcurement system before the deadline indicated in Paragraph A of these instructions; acceptance of an electronic submission may be verified through the offeror’s supplier account in the eProcurement system. Proposals and/or any addenda pertaining thereto that are received after the date and time indicated in Paragraph A of these instructions, whether by mail, electronically, or otherwise, will not be considered and will be returned to the offeror. However, nothing in this RFP precludes the County from requesting additional information at any time during the procurement process from any offeror.

9. In the event that Chesterfield County government offices are not operating under normal staffing levels or if the location for pre-proposal meetings or receipt of proposals is inaccessible due to inclement weather or other emergency situations at the published time, the proposal submission date or pre-proposal meeting date will default to the next regular business day at the same time.

10. If you are an individual with a disability and require a reasonable accommodation, please notify the Procurement Department at (804) 748-1617, three working days prior to need.

11. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. Any requirements listed herein are intended to describe qualifications, certifications and/or experience considered to be vital and should be used as guidelines for proposal submission. Firms not meeting specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifications, certifications and/or experience for consideration.

12. Any proposal submitted MUST include the cover sheet which has been signed by an individual authorized to bind the offeror. All proposals submitted without such signature will not be considered. Proposals submitted electronically may be executed by electronic signatures.

a. If the offeror is a corporation, the offeror shall show the title of the individual signing the proposal, and if the individual is not the president, vice president, or chief executive officer of the corporation, if requested, the offeror shall submit proof that the individual has the authority to bind the corporation.

b. If the offeror is a partnership, the offeror shall show the title of the individual signing the proposal, and if the individual is not the general partner of the partnership, if requested, the offeror shall submit proof that the individual has the authority to bind the partnership.

c. If the offeror is a limited liability company, the offeror shall show the title of the individual signing the proposal, and if the individual is not a member or manager of the limited liability company, if requested, the offeror shall submit proof that the individual has the authority to bind the limited liability company.

13. Proposals shall not be accepted via fax or email.

14. For information pertaining to the decision to award and/or award on this procurement transaction, offerors may access public notification electronically at www.chesterfield.gov/procurement.

B. Submittal Format

In order to facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instructions outlined in this section and should structure the proposal so that it contains individual tabs/sections detailing proposed services.

1. Offeror’s responses should be prepared as simply as possible with straightforward, concise descriptions of their capabilities to satisfy the requirements of this RFP.

http://www.chesterfield.gov/procurement

2. Expensive bindings, color displays, promotional materials, demo CDs, etc., are not needed. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All information should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for the County.

3. The County encourages proposals that provide innovative alternatives to addressing the County’s existing needs as described in the solicitation. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. The County is under no obligation to consider or negotiate information or documentation that is submitted not in compliance with the requirements herein or that is submitted by an offeror after the deadline for submission of the proposal identified in Section IV(A)(1) above. Notwithstanding the preceding sentence, the County may, in its sole discretion, consider and/or negotiate such submissions.

4. Detailed Submittal Format. An offeror’s proposal must contain each of the following:

a. Introduction letter signed cover sheet, completed Attachment A – Virginia State Corporation Commission (SCC) Registration Information form, and addenda acknowledgement, if applicable.

b. Executive summary – Provide a narrative, prepared in non-technical terms, summarizing the offeror’s proposal. The executive summary should identify the primary contact for the offeror including name, address, telephone number and email address.

c. A detailed description of the services to be provided which addresses each of the topics listed in the Scope of Work/Specifications. Clearly state the offeror’s ability to meet or exceed the requested services.

d. Statement of qualifications and capacity of firm to provide services required in the RFP. The offeror should include a description of the organizational and staff experience as it relates to meeting the County’s needs, including experience administering similar contracts for governmental entities. The response should address the offeror’s size, structure, and number of years in business.

e. Key Individuals – The offeror should provide a list of key individuals to be assigned to the County’s contract, specify their role in administering the contract, and provide a current biography/resume for each individual.

f. References - All offerors should include a list of a minimum of three references, from similar projects/contracts, who could attest to the offeror’s knowledge, quality of work, timeliness, diligence, flexibility, and ability to meet budget constraints. Include names and addresses, contact persons, phone numbers and e-mail addresses of all references. The County reserves the right to contact references other than, and/or in addition to those furnished by an offeror.

References may or may not be reviewed or contacted at the discretion of the County.

V. TERMS AND CONDITIONS

The following terms and conditions are applicable to, and incorporated by reference in, any governmental procurement from a nongovernmental source conducted by the Chesterfield County Procurement Department (or pursuant to delegated purchasing authority) on behalf of all Chesterfield County public bodies, as public bodies are defined in Code of Virginia Section 2.2-4301, as amended, including any agencies, boards, authorities, or other entities for which the Chesterfield County Procurement Department acts as purchasing agent. The term “County” as used herein, or in any general or special terms and conditions means the applicable entity or entities listed above that is/are procuring goods and/or services from a nongovernmental source.

“Contractor” means the nongovernmental entity entering into an agreement with the County to provide goods and/or services to the County. “Contract” means the agreement between the County and the Contractor for the provision of goods and/or services to the County.

NOTE: Certain terms and conditions may not be applicable based on the method of procurement and the good/service being procured.

GENERAL TERMS AND CONDITIONS: SOLICITATION PROCESS

The following terms and conditions in this section describe certain aspects of the solicitation process. Additional aspects of the solicitation process may be described in other sections of the RFP. The terms and conditions in this Section A form part of the contract.

Addenda: No changes or supplemental instructions to a solicitation shall be applicable unless in the form of written addenda. Most addenda are downloadable from the Procurement Department web site at: www.chesterfield.gov/ping. Each bidder/offeror is responsible for obtaining all addenda posted at the Procurement Department website or by calling (804) 748-1617. Acknowledgement of receipt of all addenda shall be in the space provided within the solicitation or by returning a copy of each signed addendum. Failure to do so may result in rejection of the bid/proposal. All addenda issued shall become part of the solicitation and all resulting contract documents.

Prior Defaulted Contracts: The County may, in its sole discretion, choose not to make an award to a bidder/offeror who has previously had a contract with the County terminated for the bidder’s/offeror’s default or has been debarred by another public entity. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder/offeror has had a contract with the County terminated for default.

3. Proprietary Information: Code of Virginia Section 2.2-4342(F), as amended, states: "Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of §2.2‐4317 shall not be subject to the Virginia Freedom of Information Act (2.2‐3700 et seq.); however, the bidder, offeror or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to http://www.chesterfield.gov/ping be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Code of Virginia Section 2.2‐4342(F), as amended, is not properly invoked then the bids/proposals will be subject to disclosure pursuant to applicable law.

5. References: If requested, the bidder/offeror shall provide references which document past work performance and experience in the type of work required for the Contract. The County may contact all references furnished by bidders/offerors. The right is further reserved by the County to contact references other than, and/or in addition to, those furnished by the bidder/offeror.

6. Technology Agreements: Offerors must submit with their proposal any terms of service, term of use, end user license agreements, software license agreements, or any other term and conditions that are required to use or support the product or service being provided. The provisions of any such terms and conditions that are submitted with a proposal will be negotiated with the offeror if the offeror is selected for an award of the Contract.

7. Vendor Rewards/Gift Programs: It is the policy of the County not to participate in any rewards programs offered by vendors and not to accept any gifts or gift cards, or other rewards from vendors for purchases made by the County. Any bidder/offer who provides rewards programs, gifts or gift cards, or other rewards to its customers for purchases made by such customers, must identify this fact in its bid/proposal and demonstrate in the bid/proposal how it has applied the value of such rewards to a reduction in the price of the goods and/or services being offered to the County.

B. GENERAL TERMS AND CONDITIONS: CONTRACT TERMS

The terms and conditions in this Section B form part of the Contract.

8. Appropriation of Funds: The continuation of the terms, conditions, and provisions of the Contract beyond the end of the County’s fiscal year on June 30 of any year is subject to approval and ratification by the Chesterfield County Board of Supervisors, and the School Board of Chesterfield County, as applicable, and appropriation by them of the necessary money to fund the Contract for each succeeding year. In the event of non-appropriation of funds, the Contract shall be automatically terminated with no recourse for the Contractor.

9. Assignment of Contract: The County and Contractor bind themselves and any successors, and assigns to the Contract. The employees of the Contractor shall perform the work necessary to fulfill the Contract. The Contractor shall not assign or transfer any of its interest in the Contract without the prior written consent of the County. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and Contractor.

10. Audit of Vendor Records: Contractor shall maintain full and accurate records with respect to all matters covered under the Contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges related to the Contract and to verify Contractor’s compliance with the Contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the County and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to the Contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the Contract. The County shall have access to such records from the effective date of the Contract, for the duration of the Contract, and until three (3) years after the date of final payment by the County to the Contractor pursuant to the Contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

11. Change Orders: Change orders must be approved by the County prior to work being performed.

12. Click-Through and Shrinkwrap Terms and Conditions: No click‐through or shrinkwrap terms or conditions or any terms and conditions that are provided on Contractor’s website, attached to or embedded within Contractor’s goods or services, provided on any mobile application, or included on any quote or other document provided by Contractor will be binding on the County or its officers, officials, employees, or agents, and any such terms and conditions are null and void.

13. Commitment to Diversity and Chesterfield Businesses:

Chesterfield County is a growing progressive community consisting of an increasingly diverse population. This diversity provides for a dynamic and robust community that promotes growth. Chesterfield County believes that all of its citizens should benefit from this economic growth without regard to race, color, religion or economic status. The County is committed to increasing the opportunities for participation of minority‐owned businesses, service-disabled veteran‐owned businesses, small businesses, women‐owned businesses, military family-owned businesses, and businesses located in Chesterfield County to ensure diversity in its procurement and contract activities. Upon entry into the Contract and/or upon completion of work, the County may require the Contractor to furnish data regarding subcontractor/supplier activity with minority-owned businesses, service-disabled veteran-owned businesses, small businesses, women-owned businesses, military family-owned businesses, and businesses located in Chesterfield County on a Certification of Subcontractor/Supplier Activity form. The form will be provided to the Contractor by the County’s Procurement Department. This information will enable the County to document the dollar level of activity and measure the success of its efforts in this endeavor.

Definitions:

i. Chesterfield Business (CB) – any private business enterprise, located within the jurisdictional boundaries of Chesterfield County.

ii.Minority-Owned Business (MOB) – a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority. (Code of Virginia Section 2.2-4310, as amended) iii.Service Disabled Veteran-Owned Business (SDVOB) – a business that is at least 51% owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans. (Code of Virginia Section 2.2-4310, as amended) iv.Small Business (SB) – a business independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business. (Code of Virginia Section 2.2-4310, as amended) v.Women-Owned Business (WOB) – a business that is at least 51% owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. (Code of Virginia Section 2.2-4310, as amended) vi.Military Family-Owned Business – a business that is at least 51 percent owned by one or more person within the definition of “military family” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family.” (Code of vii.Military Family – (i) a member of the uniformed forces, as defined in 10 U.S.C.

§ 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. §10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50. (Code of

This provision only applies to contracts valued in excess of $10,000. If the Contractor intends to subcontract work as part of its performance under the Contract, the Contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service-disabled veteran-owned businesses, and military family-owned businesses. (Code of Virginia Section 2.2-4310, as amended)

14. Confidentiality of County Data: Unless expressly authorized by the County, Contractor and its officers, employees, and agents shall use County data only for the purpose of fulfilling its duties under the Contract and shall not disclose (in any form, including written or verbal) any County data to anyone other than its employees and agents who need to access the County data to fulfill Contractor’s obligations under the Contract. Contractor must ensure that its employees and agents who perform work under the Contract are bound by the same confidentiality and nondisclosure provisions as contained in this section. Contractor agrees to assume all responsibility for ensuring the privacy, confidentiality, and security of County data released to Contractor under the Contract through the use of necessary and appropriate security and technical controls. The provisions of this paragraph shall not apply to any data that (i) was already known to Contractor prior to its disclosure to Contractor by the County, (ii) was or becomes generally known to the public (other than by act of Contractor), or (iii) is disclosed or made available in writing to Contractor by a third party who does not have an obligation of confidentiality to the County.

15. Contractor Background Checks: In order to preserve the integrity and security of County government operations, the County will conduct criminal background checks for any contract workers who will have physical unsupervised access to County designated Security Sensitive areas. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the County may, in its sole discretion, disqualify a contract worker from providing work/services for the County.

16. Contractor’s Authorization to Transact Business: In accordance with Code of Virginia Section 2.2-4311.2, as amended, all contractors organized as stock or nonstock corporations, limited liability companies, business trusts, or limited partnerships or registered as registered limited liability partnerships must be authorized to transact business in the Commonwealth as domestic or foreign business entities if so required by Title 13.1 or Title 50 or as otherwise required by law. If Contractor is organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, then Contractor shall provide to the County the identification number issued to it by the State Corporation Commission. If Contractor is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required law, then Contractor shall provide the County with a statement describing why the Contractor is not required to be so authorized. The Contractor shall not allow its corporate or partnership existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract.

The County may void the Contract if the Contractor fails to remain in compliance with the provisions of this section.

17. County Data: “County data” means all County information that is not intentionally made generally available by the County on public websites or publications, including but not limited to business, administrative, and financial data, intellectual property, patient, student, and personal data, and Personally Identifiable Information.

“Personally Identifiable Information” includes but is not limited to: personal identifiers such as name, address, phone number, date of birth, Social Security number, driver’s license number, and student or personnel identification number; “personal information” as defined in Virginia Code Section 18.2-186.6 and/or any successor laws of the Commonwealth of Virginia; personally identifiable information contained in student “education records” as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; “medical information” as defined in Virginia Code Section 32.1-127.1:05; “protected health information” as defined in the Health Insurance Portability and Accountability Act, 45 C.F.R. Part 160.103; nonpublic personal information as that term is defined in the Gramm-Leach-Bliley Financial Modernization Act of 1999, 15 U.S.C. 6809; credit card and debit card numbers and/or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security Standards;

other financial account numbers, access codes; and state- or federal-identification numbers such as passport, visa, or state identity card numbers.

County data may not be used in the training of any artificial intelligence, machine learning, or any other type of system, unless authorized by the County. Any content generated from County data that is created, altered, or assimilated by artificial intelligence will remain the property of the County.

18. Default: If the Contractor fails to deliver the goods or services in accordance with the Contract terms and conditions, the County may, without prejudice to any other right or remedy, and after giving the Contractor seven (7) days’ notice, obtain the goods or services from other sources. In such event, the Contractor shall be liable to the County for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have, and the County may exercise this right either separately from or in addition to its right to terminate the Contract for cause as provided herein.

19. Drug Free Workplace: (Code of Virginia Section 2.2-4312, as amended) This provision only applies to contracts in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees to:

i. Provide a drug-free workplace for the Contractor’s employees;

ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

iii. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

iv. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

b. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract.

20. Employment Discrimination: (Code of Virginia Section 2.2-4311, as amended) This provision only applies to contracts valued in excess of $10,000.

a. During the performance of the Contract, the Contractor agrees as follows:

i. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

ii. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such is an equal opportunity employer.

iii. If the contractor employs more than five employees, the contractor shall provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and post the contractor's sexual harassment policy in a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and the contractor's employee handbook.

iv. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

b. The Contractor must include the provisions of the foregoing paragraphs i, ii, and iii in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

21. ePayables: The County recognizes the importance of timely payments to our vendors. Therefore, we offer our vendors the opportunity to enroll in our ePayables program. This program allows us to make card payments to our vendors and features an online portal to facilitate payments as well as reduce payment processing times.

Our ePayables program is mutually beneficial and is our preferred method of payment.

If you choose not to enroll in this program, payments will be made by check and mailed through the postal service which could impact how quickly you receive payments. No action is required for vendors already enrolled in the program. Please contact the Accounting Department at (804)748-1673 with questions.

22. Faith-Based Organizations: (Code of Virginia Section 2.2-4343.1, as amended) The County does not discriminate against faith-based organizations.

23. Federal Terms: For goods and/or services that are identified by the County as being federally funded, the Contractor is subject to, and must comply with, all federal requirements applicable to the federal funding, including the Federal Requirements appended hereto. Additionally, for such goods and/or services, if any provisions listed herein conflict with any federal procurement guidelines, the federal procurement guidelines shall prevail.

24. Finance/Interest Charges: The County shall not be obligated to pay any finance and/or interest charges, including any charges or penalties associated with late payment, nor shall the County be obligated to pay any costs of collection.

25. Force Majeure: Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any obligation under this Contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to, fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, epidemics, omissions or delays in acting by any governmental authority (a “Force Majeure Event”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. The party affected by the Force Majeure Event must provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of the Force Majeure

Event, and the parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

26. Forced and Indentured Child Labor Prohibition: (Code of Virginia Section 2.2- 4311.2, as amended)

This provision only applies to contracts valued in excess of $10,000.

The use of forced or indentured child labor in the performance of the Contract is prohibited.

a. The Contractor must include the prohibition in subsection (a) in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

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

27. Governing Law: The Contract shall be governed by the laws of the Commonwealth of Virginia, excepting its law governing the conflict of laws.

Disputes arising out of or relating to the Contract shall be resolved in the Courts of the Commonwealth of Virginia, in and for Chesterfield County, to the exclusion of any otherwise permissible forum or venue, and Contractor irrevocably consents to jurisdiction in such court and waives any defense of lack of personal jurisdiction or inconvenient forum in such court.

28. Indemnification: The Contractor shall hold harmless and indemnify the County and its officers, officials, employees and agents against any and all injury, loss or damage arising out of the Contractor’s negligent or intentionally wrongful acts or omissions. As a matter of law, the County is prohibited from indemnifying the Contractor, subcontractors, any third party beneficiaries of the Contract, or any other person or entity.

29. Independent Contractor: Contractor’s relationship with the County shall at all times be that of an independent contractor. The method and manner in which Contractor’s services under the Contract shall be performed shall be determined by Contractor and the County will not exercise control over Contractor or its employees except insofar as may be reasonably necessary to ensure performance and compliance with the Contract. Nothing in the Contract shall be construed to make Contractor or any of its employees the employees or agents of the County.

30. Information Technology Accessibility

A. Compliance Requirement. All information and communications technology (ICT) purchased or upgraded pursuant to this Contract for use by any covered entity of the Commonwealth shall comply with the Information Technology Access Act, §§ 2.2-3500 through § 2.2-3505 of the Code of Virginia.

B. Certification or Documentation. For ICT delivered under this Contract that will be used by a covered entity of the Commonwealth or made available to the public, Supplier must certify that the ICT conforms with “accessibility,” as that term is defined in Virginia Code § 2.2-3501.

If the supplier cannot certify full conformance of accessibility, the supplier must provide:

i. Supplier-paid and completed Accessibility Conformance Report (as that term is defined in Virginia Code § 2.2-3501) indicating the level of conformance with accessibility for the ICT being procured; and

ii. a Supplier-paid and completed Vendor Accessibility Roadmap (as that term is defined in Virginia Code § 2.2-3501) documenting any areas of nonconformance and including a timeline for each nonconforming area's completion.

C. No Waiver of Supplier Obligations. Consistent with 28 C.F.R. § 35.201 and 36 C.F.R. Part 1194, Appendix A, § E202, the covered entity of the Commonwealth may, in its sole discretion, procure non-accessible ICT, if such procurement does not result in individuals with disabilities being denied the benefit of any program, service, or activity. This discretion does not waive Supplier’s obligations to comply with accessibility requirements and provide required certifications or documentation.

31. Insurance: Contractor shall purchase and maintain in force, at its own expense, such insurance as will protect Contractor and the County from claims which may arise out of or result from the Contractor's execution of the work or performance of the services,…