838967fireFred.pdf

REQUEST FOR CONTRACTOR

PREQUALIFICATIONS

RFQ No. 2027-2-F&R

Issue Date: August 3, 2026

County of Frederick, Virginia

FINANCE DEPARTMENT

107 N. Kent Street, 3rd Floor

Winchester, VA 22601 Phone: (540) 665-5610 www.fcva.us/purchasing

Title:

Contractor Prequalification for Fire Station #22 Construction

Prequalification’s Due:

Thursday, September 17, 2026, 2:00 pm, local time

Prequalification’s Open: Thursday, September 17, 2026, 2:05 pm, local time

1st Floor Conference Room

Project Overview:

The County of Frederick, Virginia ("County") is soliciting Statements of Qualifications from qualified

General Contractors interested in being prequalified to submit bids for the construction of Fire Station

#22.

The County of Frederick, Virginia (the "County") is seeking Statements of Qualifications (SOQs) from qualified General Contractors interested in being prequalified to submit bids for the construction of Fire and

Rescue Station #22. Statements of Qualifications shall be received by Karen Orndorff, Purchasing Manager, Frederick County Finance Department, 107 North Kent Street, Third Floor, Winchester, Virginia 22601, no later than the date and time indicated in this solicitation (local prevailing time). Electronic submissions shall be accepted through eVA only. Statements of Qualifications received after the stated deadline will not be considered.

Questions: All inquiries and technical questions or comments related to this solicitation shall be directed to

Keith Jenkins, Frederick County Fire and Rescue Department no later than 2:00 p.m. on Tuesday, August 25, 2026. All questions shall be submitted in writing (email is preferred kjenkins@fcva.us). Telephone inquiries will not be accepted.

IFB Contact Information: Keith Jenkins, Deputy Chief kjenkins@fcva.us cc:

Karen Orndorff, Purchasing Manager

Karen.orndorff@fcva.us

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

http://www.fcva.us/purchasing mailto:kjenkins@fcva.us mailto:Karen.orndorff@fcva.us http://www.eva.virginia.gov/

Contractor Prequalification for Fire Station #22 Construction RFQ 2027-2-F&R

Table of Contents

SECTION A: SPECIFICATIONS

SECTION B: TERMS AND CONDITIONS

ATTACHMENT A: PAYMENT PROCEDURES

ATTACHMENT B: VENDOR APPLICATION

ATTACHMENT C: REFERENCE PAGE

ATTACHMENT D: CONTRACTOR’S LICENSE

ATTACHMENT E: INSURANCE REQUIREMENTS

ATTACHMENT F: PREQUALIFICATION SUBMISSION FORMS

SECTION A: SPECIFICATIONS

1. INTRODUCTION

The County of Frederick, Virginia ("County") is soliciting Statements of Qualifications from qualified General

Contractors interested in being prequalified to submit bids for the construction of Fire Station #22. Prequalification

Applications will NOT be accepted from subcontractors.

The purpose of this prequalification process is to identify contractors possessing the experience, financial capacity, personnel, and resources necessary to successfully construct a public safety facility of this size and complexity.

Only contractors determined by the County to be prequalified will be eligible to submit bids for the subsequent

Invitation for Bid (IFB) for construction of Fire Station #22.

The County reserves the right to reject any or all submissions and to waive informalities in accordance with the

Virginia Public Procurement Act.

2. BACKGROUND

Frederick County is located in the northern Shenandoah Valley of Virginia and occupies a strategic location in the

Mid-Atlantic region. The Shenandoah Valley stretches approximately 200 miles between the Blue Ridge Mountains to the east and the Allegheny Mountains, part of the Appalachian Mountain Range, to the west. The Valley extends from the Potomac River in the north to the James River in the south. Frederick County encompasses 416 square miles and serves a population of approximately 100,000 residents.

3. SCOPE OF WORK

This project includes the construction of a new 15,171-square-foot facility and associated site improvements required to develop the greenfield site. The project will be located at the intersection of Rainville Road and Tasker Road on

Parcel 76-A-53N.

The building structure will include concrete foundations, structural steel framing, light-gauge and masonry wall assemblies, a concrete mezzanine supported by structural steel decking, and light-gauge steel and bar joist roof framing systems. Exterior finishes will primarily consist of brick veneer, metal roofing systems, and manufactured architectural masonry units at the building base, along with commercial aluminum door and window systems. Interior finishes will include durable floor and wall coverings, high-performance coatings, metal and wire mesh locker systems, and commercial kitchen equipment.

Mechanical systems will include commercial HVAC systems consisting of variable air volume (VAV) rooftop units

(RTUs) with natural gas heating and electric reheat at the VAV boxes. Plumbing systems and an automatic fire suppression system will also be included. The building and site electrical systems will include a 1,200-amp electrical service and an emergency backup generator. Specialty systems will include station alerting, data and communications backbone infrastructure and cabling systems, access control, and surveillance systems.

The facility will include three drive-through apparatus bays, decontamination areas, and other emergency response support spaces. Administrative areas will include offices, meeting rooms, and training spaces. Living quarters will include individual bunk rooms, locker rooms, shower facilities, a residential-grade kitchen, dining area, day room, fitness area, and other spaces necessary to support fire and rescue personnel and operations.

Site improvements will include clearing and grading, concrete and asphalt paving, landscaping, stormwater management facilities, and various site amenities.

4. PREQUALIFICATION PROCESS

A. The term "Applicant" shall mean an individual, partnership, corporation, limited liability company, joint venture, or other legal entity submitting a response to this Request for Prequalification.

B. Only Applicants prequalified in accordance with the procedures set forth herein shall be eligible to submit a bid for the construction of Fire Station #22. Bids received from firms that have not been prequalified will not be considered.

C. Applicants agree that all qualifications, representations, and requirements contained herein shall be maintained throughout the pre-qualification period and the duration of the Project. The County reserves the right to independently verify any information submitted in a Prequalification Application by contacting references, reviewing public records, contacting third parties, or through any other means deemed appropriate.

D. All materials submitted by Applicants shall become the property of Frederick County and will not be returned. By submitting an application, the Applicant authorizes the County to verify information provided and contact any entities or references identified in the application.

E. Applicants shall submit qualification information in accordance with the requirements contained herein. The County may request clarification or additional information during the evaluation process.

Any requested information shall be submitted within five (5) business days of the request unless otherwise specified by the County. A determination that an Applicant is prequalified shall not constitute a determination of responsibility and may be reconsidered based upon subsequently discovered information.

5. EVALUATION CRITERIA

The County may deny prequalification only upon finding one or more of the conditions set forth in § 2.2-4317 of the

Virginia Public Procurement Act as stated below.

A. The Applicant does not possess sufficient financial capability to perform the Project. Evidence of the ability to obtain 100% performance and payment bonds issued by a surety licensed in the

Commonwealth of Virginia shall be deemed sufficient proof of financial capability.

B. The Applicant does not possess sufficient experience, qualifications, personnel, or resources to successfully construct Fire Station #22.

C. The Applicant, or any officer, director, or owner thereof, has had judgments entered against them within the previous ten (10) years for breach of contract involving public or private construction projects.

D. The Applicant has demonstrated substantial noncompliance with the terms and conditions of prior construction contracts without good cause.

E. The Applicant, or any officer, director, owner, project manager, procurement manager, or chief financial officer thereof, has been convicted within the previous ten (10) years of a crime relating to construction contracting, public procurement, fraud, ethics in public contracting, or a substantially similar law.

F. The Applicant, or any officer, director, or owner thereof, is currently debarred, suspended, or otherwise prohibited from bidding or contracting with a public body, state agency, or federal agency.

G. The Applicant fails to provide information requested by the County relevant to the evaluation criteria set forth above.

6. EVALUATION PROCESS

A. Applications will be evaluated in accordance with the criteria set forth in this Request for

Prequalification and in accordance with § 2.2-4317 of the Virginia Public Procurement Act. A finding that an Applicant fails to satisfy any of the required prequalification criteria may be sufficient grounds for denial of prequalification.

B. Prior to issuing a final determination denying prequalification, the County will notify the Applicant in writing of the results of the evaluation and disclose the basis thereof. Upon written request, the

Applicant may inspect public documents, which relate to the determination, if so requested by the

Applicant within five (5) business days after receipt of the County’s notice. Within ten (10) business days after receipt of the County’s notice concerning the Applicant’s prequalification, the Applicant may submit additional or rebuttal information relative to deficiencies stated in the County’s written notice. Within five (5) business days after receipt of Applicant’s rebuttal information, the County will provide a written determination.

C. If a final determination is made to deny prequalification, the Applicant may appeal such determination in accordance with § 2.2-4317 of the Virginia Public Procurement Act and any other applicable provisions of law. Any appeal shall be filed with the Circuit Court of Frederick County, Virginia. The county’s determination shall be final unless timely appealed in accordance with § 2.2-

4317 of the Virginia Public Procurement Act.

D. If the prequalification process results in an insufficient number of qualified Applicants to promote adequate competition, the County reserves the right to:

1. Proceed with the prequalified Applicants;

2. Cancel the prequalification process and issue an Invitation for Bid containing minimum qualification requirements; or

3. Reissue the Request for Prequalification.

The County shall determine, in its sole discretion, whether adequate competition exists.

E. The County reserves the right to waive informalities, request clarification of information submitted, verify information provided by Applicants, and reject any or all applications when determined to be in the best interest of the County.

7. CONTENTS OF PREQUALIFICATION APPLICATION

This Section describes specific information that must be included in the Prequalification Application. Applicants shall provide each of the following items below in the order presented. Failure to include any of the requested information may be cause for the Prequalification Application to be considered non-responsive and rejected.

A. Letter of Submittal

1. The Letter of Submittal shall be on the Applicant’s letterhead and identify the full legal name and address of the Applicant. The Applicant is defined as the legal entity who will execute the Contract with the County for the construction of Station #22. The Letter of Submittal shall be signed by an authorized representative of Applicant’s organization.

2. Identify the name, title, address, phone number, and e-mail address of an individual who will serve as the point of contact for the Applicant.

3. Identify the name, address, phone number, and e-mail address of the individual who will serve as the Principal Officer of the Applicant. (e.g., President, Treasurer, Chairperson of the Board of

Directors, etc.).

4. Identify the Applicant's legal structure (e.g., corporation, limited liability company, general partnership, limited partnership, joint venture, or other entity). Identify the team member(s) that will assume financial responsibility for the Project and disclose any limitations of liability.

If the Applicant is a limited liability company, partnership, or joint venture, describe the proposed bonding approach and identify the member(s) that will be jointly and severally liable for the performance of the Project. Regardless of any co-surety arrangement, the successful Applicant shall provide one (1) performance bond in the amount of 100% of the contract value and one (1) payment bond in the amount of 100% of the contract value.

5. Provide a brief history of your firm to include how many years Applicant has been in business as a general contractor under its present name and identify other business names used and how long they were in effect. Provide a copy of the Applicant’s current organization chart showing the number of employees. Applicants shall be properly licensed, registered, and authorized to conduct business in the Commonwealth of Virginia. Failure to maintain required registrations, licenses, or authorizations may result in rejection of the application.

B. The Applicant shall demonstrate the ability to obtain Performance and Payment Bonds, each in an amount equal to 100% of the anticipated contract value. An example of acceptable documentation is provided below:

“As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial Strength Rating

[rating] and Financial Size Category [Size Category] is capable of obtaining 100% Performance Bond and

100% Labor and Materials Payment Bond in the amount of the anticipated cost of construction, and said bonds will cover the Project and any warranty periods as provided for in the Contract Documents on behalf of the Contractor, in the event that such firm be the successful bidder and enter into a contract for this

Project.” This letter shall also state the Applicants per project and total bonding program limits and that the Surety is authorized/licensed to do business in the Commonwealth of Virginia.

C. Management Skills and Experience. Applicants shall demonstrate experience in the successful completion of projects comparable in size, scope, and complexity to Fire Station #22.

1. The Applicant shall provide detailed descriptions of three (3) projects completed within the previous ten (10) years in which the Applicant served as the General Contractor. The projects shall be of similar size, scope, and complexity to the proposed project. Projects with a final construction value with a minimum of $10,000,000 are preferred, the County may consider projects of a lesser value where the Applicant demonstrates that the difference in value is reasonably attributable to factors such as the date of construction, inflation, or other market conditions.

2. Preference will be given to experience involving fire stations, public safety facilities, emergency services facilities, governmental buildings, or similarly complex institutional facilities.

3. A successfully completed project is one that:

i. Was completed within the contract time, including approved time extensions;

ii. Was completed within the approved contract budget, including approved change orders;

and

iii. Was completed in accordance with the contract documents.

4. For each project, provide:

i. Project name and location

ii. Detailed project description, including structural systems and building components

iii. Original and final contract value

iv. Number and value of change orders

v. Original and actual substantial completion dates

vi. Major subcontractors utilized

vii. Project Manager and Superintendent assigned to the project

viii. Photographs of completed work

ix. Owner and architect references, including current contact information

5. Provide documentation demonstrating successful completion of at least one (1) fire station, emergency services facility, or a project of comparable size, complexity, and operational requirements completed within the previous ten (10) years. The County may also consider experience with other public or institutional facilities that demonstrate similar construction challenges and coordination

6. Provide the Applicant’s written Corporate Quality Control Program, if applicable, and identify personnel responsible for quality management.

7. Provide a description of the Applicant’s project management approach, including any project management systems and scheduling methodologies utilized, if applicable.

D. Applicants shall only provide an acknowledgment of the following requirements:

This Section is provided for information only and the County reserves the right to modify these requirements in the Invitation for Bid (IFB).

These will be the minimum qualification requirements for the Project Manager, Superintendent, and

Quality Control Manager that will be reviewed as a part of the pre-construction submittals. The County will reserve the right to reject the Contractor’s proposed personnel if they fail to meet these requirements, in which instance the Contractor will propose other individuals for County’s review and approval.

1. Project Manager. The Project Manager must have a minimum of five (5) years’ experience as a

Project Manager and have worked on similar size and/or types of facilities. The Project Manager must be a direct employee of the Contractor and cannot be designated as an officer of the Company.

2. Superintendent. The Superintendent must have a minimum of five (5) years’ experience as a

Superintendent and have worked on similar size and/or types of facilities. The Superintendent must have at a minimum an Occupational Safety and Health Administration (OSHA) “30-hour certification”.

E. Attachment A: Payment Procedures Form

F. Attachment B: Vendor Application

G. Attachment C: Reference Page

H. Attachment D: Contractor’s License Form

I. Attachment E: Insurance Requirements Form

J. Attachment F: Prequalification Submission Forms:

1. Prequalification Form

2. Proof of Authority to Transact Business in Virginia

3. Affidavit of Accuracy

8. INSTRUCTIONS FOR SUBMITTING PREQUALIFICATION APPLICATIONS

A. Preparation and Submission of Applications

1. Before submitting your Prequalification Application, read the ENTIRE solicitation. Failure to read any part of this solicitation will not relieve an Applicant of the Contractual obligations.

2. Electronic submissions are preferred and shall be submitted through eVA no later than the date and time specified in this solicitation. Submissions received after the stated deadline will not be considered.

3. Submissions through eVA are secured and sealed until the due date and time. Emailed and/or faxed submissions shall not be accepted.

4. All Prequalification Forms shall be signed by the individual or authorized principals of the firm.

5. All attachments to the Prequalification Application requiring execution by the Applicant are to be returned with the Prequalification Application.

6. Requests for extensions of this time and date will not be granted, unless deemed to be in the County's best interest. Applicants mailing their Prequalification Application shall allow for sufficient mail time to ensure receipt of their Application by the time and date fixed for acceptance of the applications. Prequalification Applications or unsolicited amendments to Prequalification

Applications received by the County after the acceptance date and time will not be considered.

B. The Prequalification Application shall be signed by an individual authorized to bind the Applicant. Upon request, the County may require documentation demonstrating the signatory's authority to execute documents on behalf of the Applicant.

C. Withdrawal of Prequalification Application:

1. All Prequalification Applications shall remain valid through completion of the pre-qualification process.

2. Prequalification Applications may be withdrawn upon written request from the Applicant at the address shown in the solicitation prior to the time of acceptance.

D. Late Prequalification Applications will not be accepted.

E. The County assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this Prequalification Application. All of such costs shall be borne solely by each Applicant and its team members.

F. Miscellaneous Requirements

1. All Prequalification Applications shall provide a straight-forward, concise delineation of the

Applicant’s capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

2. The County reserves the right to request interviews, presentations, or additional information from any Applicant as part of the evaluation process.

3. The County reserves the right to reject any or all applications, waive informalities, request clarification of information submitted, and cancel this solicitation at any time when determined to be in the County's best interest.

SECTION B: TERMS AND CONDITIONS

FREDERICK COUNTY VIRGINIA

BIDS/PROPOSALS ON SOLICITATIONS ISSUED BY THE COUNTY WILL BIND BIDDERS/OFFERORS TO THE

APPLICABLE CONDITIONS AND REQUIREMENTS IN THE GENERAL CONDITIONS AND INSTRUCTIONS TO

BIDDERS/OFFERORS UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION AND SUBJECT TO

APPLICABLE STATE, LOCAL, AND FEDERAL LAWS.

BIDDERS/OFFERORS OR THEIR AUTHORIZED REPRESENTATIVES SHOULD INFORM THEMSELVES FULLY

AS TO THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS OF EACH COUNTY PROCUREMENT

BEFORE SUBMITTING BIDS/PROPOSALS. FAILURE TO DO SO WILL BE AT THE BIDDER/OFFEROR'SOWN

RISK AND RELIEF CANNOT BE SECURED ON THE PLEA OF ERROR.

1. AUTHORITY: The County has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA. The County Finance

Director serves as the County Purchasing Agent. In the discharge of these responsibilities, the County Finance Director has appointed the County Purchasing Manager to assist the County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Frederick, VA for an indebtedness.

Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the Prequalification

Application contact, regarding a prequalification is expressly forbidden except with the permission of the Purchasing Manager. Violation of this directive may result in a determination that the offeror is ineligible for award.

b. All applications shall be submitted sealed with the RFQ number, date and time clearly marked on the outside of the envelope or package. Electronic submission proposals will be accepted through eVA only.

Applications received by the Purchasing Manager after the due date and time will not be accepted. Failure to return required documents and information specified herein may result in a determination that the application is non- responsive.

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

d. Mistakes may be crossed out and corrections made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.

e. The Terms, Conditions and Specifications in this solicitation shall supersede any terms and conditions offered by the Offeror. Any additional conditions an offeror intends to be considered must be submitted with the application and be noted as an exception on the Prequalification Application, however, exceptions may result in the application being determined non-responsive.

f. A submittal offeror certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the applicant.

g. An application may be amended and/or withdrawn by an offeror if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the application. Submission of a subsequent application, unless specifically identified as an additional application, shall constitute the withdrawal of any prior one submitted by the same offeror on the same Prequalification Application.

3. ADDENDA: Changes or supplemental instructions to this Request for Proposals will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the due date and time to ensure that all addenda are received.

All Offerors shall acknowledge receipt of Addenda with the proposal. Acknowledgement 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.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov).

4. DETERMINATION OF PREQUALIFICATION

a. Applications will be evaluated in accordance with the criteria established in this Request for Prequalification and the requirements of § 2.2-4317 of the Virginia Public Procurement Act. Upon completion of the evaluation, the County will provide each Applicant with written notification of its determination regarding prequalification status.

b. A determination that an Applicant is prequalified authorizes the Applicant to submit a bid for the subsequent

Invitation for Bids (IFB) for the construction of Fire and Rescue Station #22. Prequalification does not constitute an award of a contract, guarantee the issuance of an Invitation for Bids, or create any obligation on the part of the County to award a contract.

c. Only Applicants determined by the County to be prequalified will be eligible to submit bids for the subsequent

Invitation for Bids.

d. Any Applicant denied prequalification may exercise the appeal rights provided under § 2.2-4317 of the

Virginia Public Procurement Act. The County's determination shall be final unless appealed in accordance with that section.

5. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Contractors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Contractor that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the bid/proposal/quote/statement of work a statement describing why the

Contractor is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under

Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

6. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by Contractor within any 12-month period is $750,000 or more, the Contractor is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.”

If the Contractor shall fail to provide this information or fails to promptly provide said contractor license number to the County in writing when requested to do so, he shall be deemed to be in violation of § 54.1-1115 of the Code of

Virginia (1950), as amended, and his bid/proposal will not be considered.

If a Contractor shall fail to obtain the required license prior to submission of a Request for Prequalification, the http://www.eva.virginia.gov/ https://www.scc.virginia.gov/

Contractor shall not be considered.

7. INSURANCE: The insurance requirements set forth herein are provided for informational purposes only and are intended to establish the minimum insurance requirements applicable to the construction contract for Fire and Rescue

Station #22.

Applicants are not required to submit Certificates of Insurance with their Prequalification Application. However, by submitting an application, the Applicant certifies that, if awarded the construction contract, it will obtain and maintain insurance coverage meeting the County's minimum requirements and will provide satisfactory evidence of such coverage prior to execution of the construction contract and commencement of any work.

At a minimum, the successful Contractor shall be required to maintain the following insurance coverages with insurers licensed to conduct business in the Commonwealth of Virginia and having an A.M. Best rating of A- or better:

a. Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and

$2,000,000 aggregate on an occurrence basis.

b. Workers' Compensation Insurance as required by the laws of the Commonwealth of Virginia, together with

Employers' Liability Insurance.

c. Automobile Liability Insurance covering owned, hired, and non-owned vehicles with a combined single limit of not less than $1,000,000 per accident.

Prior to execution of the construction contract, the successful Contractor shall furnish:

a. A Certificate of Insurance naming the County of Frederick, Virginia as an Additional Insured where required.

b. An Additional Insured Endorsement issued by the insurance carrier.

c. Evidence of Workers' Compensation Insurance.

d. Any additional insurance documentation required by the Contract Documents.

Failure of the successful Contractor to provide the required insurance documentation within the time specified by the County may be grounds for withdrawal of the award and award to another qualified bidder.

The County reserves the right to modify the insurance requirements in the subsequent Invitation for Bids and resulting construction contract if determined to be in the County's best interest.

8. SMALL, WOMEN-OWNED MINORITY AND SERVICE-DISABLED VETERAN-OWNED BUSINESS

REQUIREMENTS: The County of Frederick desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service- disabled veterans and to encourage their participation in the County's procurement activities. The County encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women, minority individuals and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. A directory of Commonwealth of Virginia Small, Women-Owned Minority and

Service-Disabled Veteran-Owned businesses can be found at https://directory.sbsd.virginia.gov.

9. FAITH BASED ORGANIZATIONS: In accordance with the Code of Virginia § 2.2-4343.1, the County does not discriminate against faith-based organizations.

10. NON-DISCRIMINATION: By submitting a bid/proposal/quote/statement of work, contractors certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia

Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the

Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made https://directory.sbsd.virginia.gov/%23/ to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

11. In every contract over $10,000 the provisions in a. and b. below apply:

a. During the performance of this 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, sexual orientation, gender identity, national origin, age, disability, veteran status, status as military family, 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 contractor is an equal opportunity employer.

iii. 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.

iv. The requirements of these provisions a. and b. are a material part of the contract. If the Contractor violates one of these provisions, the County may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from County and State contracting regardless of whether the specific contract is terminated.

v. The Contractor shall comply with all applicable federal, state, and local laws prohibiting discrimination.

The Contractor shall not discriminate in its employment practices, subcontracting practices, or delivery of goods or services on the basis of any characteristic protected by applicable law, including race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity or expression, or political affiliation.

b. The contractor will include the provisions of a. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

12. DEBARMENT STATUS: By contracting with the County, the Contractor certifies that they are not currently debarred from participating in contracts by the County, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the County or any agency, public entity/locality or authority of the

Commonwealth of Virginia.

13. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: Any standard forms, agreements, terms and conditions, or other contractual documents that the Applicant anticipates requiring the County to execute in connection with the subsequent construction contract shall be submitted with the Prequalification Application for review.

Submission of such documents does not constitute acceptance by the County.

Under no circumstances shall the County be required to accept or execute any provision that: (i) is inconsistent with or violates the Virginia Public Procurement Act, the Constitution or laws of the Commonwealth of Virginia, or applicable local law; (ii) limits or modifies the County's rights, remedies, or obligations under the solicitation or resulting contract documents; or (iii) materially alters the terms and conditions that the County determines to be in its best interest. The County reserves the right to reject or require modification of any such provisions as a condition of contract award.

14. INTERPRETATION OF SPECIFICATIONS: The apparent silence in the specifications and any supplemental specifications as to any detail or the omission from the specifications shall be regarded as meaning that 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.

15. LAWS AND REGULATIONS: The Contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.

16. GOVERNING LAW AND FORUM SELECTION: This contract is subject to the laws of the Commonwealth of

Virginia and the County of Frederick, Virginia. By virtue of entering into a contract, Contractor submits itself to a court of competent jurisdiction serving Frederick County, Virginia, and further agrees that this contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by said court accordingly.

17. DRUG FREE WORKPLACE: In accordance with the Code of Virginia § 2.2-4312, during the performance of this 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 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.

For the purposes of this subsection, “A 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 subsection, 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.

18. PERFORMANCE AND PAYMENT BONDS: The successful bidder under the subsequent Invitation for Bids (IFB) will be required to furnish executed County of Frederick Standard Performance Bond and Labor and Material Payment

Bond, each in the full amount of the awarded contract, with the County of Frederick, Virginia, as Obligee, in accordance with the Virginia Public Procurement Act and the Contract Documents.

The surety shall be authorized by the Virginia State Corporation Commission to transact surety business in the

Commonwealth of Virginia.

As part of this Prequalification Application, Applicants shall demonstrate their ability to obtain the required bonds by submitting a letter from a licensed surety, as specified in this Request for Prequalification. The letter shall confirm the surety's willingness and ability to issue 100% Performance and Payment Bonds for the anticipated construction value of the Project if the Applicant is awarded the construction contract.

Executed Performance and Payment Bonds will be required prior to execution of the construction contract. Standard bond forms will be provided by the County with the subsequent Invitation for Bids or contract documents.

19. RIGHTS UNDER ANTITRUST LAWS: The Contractor assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the bid/proposal/quote/statement of work. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.

20. ETHICS IN PUBLIC CONTRACTING: Pursuant to the Virginia Code § 2.2-4367: By submitting a bid/proposal/quote/statement of work, the Contractor certifies that their proposal is made without collusion of fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

21. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that it does not and will not during the performance of this Agreement knowingly violate the provisions of the Federal Immigration Reform and

Control Act of 1986, as amended, which prohibits employment of illegal aliens.

22. FORCED OR INDENTURED CHILD LABOR: Pursuant to the Virginia Code § 2.2-4311.4: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service 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 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.

23. SEVERABILITY: If any provision of the Contract resulting from this Solicitation or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

24. CONFLICT: In the event of a conflict between the contract documents, including these terms and conditions and the terms of a purchase order or related document issued by the Finance Department, the contract documents shall control.

25. RECORDS AND INSPECTION: Applicants shall maintain complete and accurate records supporting all information submitted in their Prequalification Application. The County reserves the right to verify any information provided, including financial information, project experience, licensing, bonding capacity, references, litigation history, and other qualifications relevant to the prequalification evaluation.

Upon request, Applicants shall provide additional documentation or clarification necessary to substantiate the information contained in their application. Failure to provide requested information within the time specified by the County may result in denial of prequalification.

By submitting a Prequalification Application, the Applicant authorizes the County and its authorized representatives to contact references, owners, architects, sureties, financial institutions (where authorized), licensing agencies, and other appropriate entities for the purpose of verifying the Applicant's qualifications.

If awarded the subsequent construction contract, the successful Contractor will be required to comply with the record retention, inspection, and audit requirements contained in the construction contract documents.

26. VIRGINIA FREEDOM OF INFORMATION ACT: Public inspection of all records is strictly governed by Code of Virginia 2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code 2.2- 3700 et seq).

Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

27. PURPOSE OF PREQUALIFICATION: The purpose of this Request for Prequalification (RFPQ) is to identify

General Contractors that possess the experience, financial capability, technical expertise, personnel, equipment, and organizational resources necessary to successfully construct the Frederick County Fire and Rescue Station

#22 project. The County is conducting this prequalification process in accordance with § 2.2-4317 of the Virginia

Public Procurement Act to ensure that firms invited to submit bids for this Project have demonstrated the qualifications necessary to perform the work in a timely, safe, and satisfactory manner.

This prequalification process is intended solely to evaluate the qualifications and responsibility of prospective bidders. A determination that an Applicant is prequalified does not constitute an award of a contract, create any contractual rights or obligations, guarantee issuance of an Invitation for Bids (IFB), or obligate the County to award a contract.

Only Applicants determined by the County to be prequalified through this process will be eligible to submit bids in response to the subsequent Invitation for Bids for the construction of Fire and Rescue Station #22.

The County reserves the right to reject any or all Prequalification Applications, waive informalities, request additional information or clarification, verify information submitted by Applicants, cancel the prequalification process, or take any other action permitted by the Virginia Public Procurement Act that is determined to be in the best interest of the County.

28. NO GUARANTEE OF AWARD: Prequalification under this Request for Prequalification (RFPQ) does not constitute an award of a contract, nor does it create any right, interest, or expectation of award in any Applicant.

The County makes no representation, guarantee, or commitment that a subsequent Invitation for Bids (IFB) will be issued, or that any contract for the construction of Fire and Rescue Station #22 will be awarded as a result of this prequalification process.

Prequalification is solely a determination that an Applicant meets the minimum qualifications established by the

County for eligibility to submit a bid if and when an IFB is issued. The County retains full discretion to determine whether to proceed with the procurement, modify the procurement method, cancel the procurement, or take any other action permitted under the Virginia Public Procurement Act, including § 2.2-4317.

The County shall not be liable for any costs incurred by any Applicant in preparing or submitting a Prequalification

Application, nor shall the County be obligated to reimburse any Applicant for such costs under any circumstances.

29. VERIFICATION OF INFORMATION: The County reserves the right to verify all information submitted by

Applicants in connection with this Request for Prequalification (RFPQ). Verification may include, but is not limited to, review of financial capability, project experience, licensing, bonding capacity, safety records, litigation history, references, staffing qualifications, and any other information deemed relevant to the evaluation of the

Applicant’s qualifications.

By submitting a Prequalification Application, the Applicant authorizes the County, its employees, agents, and representatives to contact and obtain information from any and all sources necessary to verify the accuracy and completeness of the information provided. Such sources may include, but are not limited to, project owners, architects, engineers, surety companies, financial institutions (where applicable and authorized), subcontractors, suppliers, and governmental or regulatory agencies.

Applicants shall cooperate fully with any request for clarification, additional documentation, or supplemental information. Failure to provide requested information within the timeframe specified by the County may result in denial of prequalification.

The County may, at its sole discretion, reject any application in which material information is found to be incomplete, inaccurate, misleading, or incapable of verification.

30. FALSE STATEMENTS: Any material misrepresentation, omission, falsification, or submission of misleading information in connection with this Request for Prequalification (RFPQ) may be grounds for immediate rejection of the Prequalification Application.

If discovered after prequalification has been granted, the County reserves the right to revoke or rescind the

Applicant’s prequalified status upon written notice. Such action may be taken without prejudice to any other rights or remedies available to the County under the Virginia Public Procurement Act or other…