REQUEST FOR PROPOSALS

RFP No. 27-1694-3103

Title: METER BOX INSPECTION PROGRAM

Issue Date: August 31, 2026

Proposals Due: October 2, 2026 at 5:00 pm

The City of Newport News (the “City”) is seeking proposals from qualified firms (the

“Offeror” or “Contractor”) to furnish the goods and/or services described herein and proposals will be received at https://secure.procurenow.com/portal/nnva/, through the due date and hour shown above (local prevailing time).

Contracting Officer: Vernest Rice, Senior Contract Specialist ricevo@nnva.gov

Assistant: Kyle Pitchford, Procurement Services Specialist pitchfordkm@nnva.gov

Office of Purchasing

City of Newport News

2400 Washington Avenue, 4th Floor

Newport News, Virginia 23607

757-926-8721

City of Newport News

REQUEST FOR PROPOSALS

Meter Box Inspection Program

I. Introduction II. Scope of Work

III. Technical Proposal Format IV. Price Proposal Format V. Evaluation Criteria

VI. Evaluation of Proposals VII. Contract Specific Terms and Conditions

VIII. Standard Terms and Conditions IX. Insurance Requirements X. Vendor Questionnaire

Attachments:

A - Sample Contract

RFP #27-1694-3103 Meter Box Inspection Program

1. Introduction

1.1. Summary

The City of Newport News (the “City”) is seeking proposals from qualified firms (the “Offeror” or “Contractor”) to furnish the goods and/or services described herein and proposals will be received via the City’s e-Procurement Portal, OpenGov Procurement

(https://secure.procurenow.com/portal/nnva), to be received no later than Friday, October 2, 2026 at 5:00 pm (local prevailing time).

The purpose of this Request for Proposals (RFP) is to establish a Contract with a qualified

Contractor to perform yearly comprehensive inspection of the City's water meter boxes and associated customer service connections.

1.2. Background

The City of Newport News Waterworks (NNWW) supplies drinking water on a retail basis to approximately 410,000 people on the lower Virginia Peninsula, including the Cities of Newport

News, Hampton, Poquoson, York County, and parts of James City County. For FY 2025, the system's average daily demand was approximately 33.4 million gallons per day (MGD). Water is distributed through a water pipeline transmission and distribution system covering 250 square miles and extending over 1,700 miles in length.

Waterworks successfully completed its Advanced Metering Infrastructure (AMI) initiative in

May 2024. With the implementation, Waterworks has significantly reduced the need for routine field visits to customer meter boxes. Most of the City's AMI water meters read automatically and are equipped with internal remote service valves, allowing many service functions, including water turn-on and turn-off operations, to be performed remotely. Prior to AMI implementation, meter readers visited each meter box monthly to obtain manual readings, providing regular opportunities to locate, inspect, and identify issues with meter boxes and service connections.

As routine manual meter reading is no longer required, many meter boxes now go several years without being physically inspected. As a result, meter boxes are increasingly becoming obscured by accumulated soil, grass, mulch, landscaping, and other encroachments, making them more difficult to locate and access when maintenance or emergency service is required. This reduction in routine field presence has created the need for a proactive inspection program to ensure meter boxes remain visible, accessible, and in good condition, and to identify leaks, damage, tampering, and other deficiencies before they become larger operational or customer service issues. The inspection program will provide the City with current condition data and support a proactive asset management strategy that improves system reliability, reduces response times, and helps preserve critical water distribution infrastructure.

1.3. Timeline

Release Project Date: August 31, 2026

Question Submission Deadline: September 8, 2026, 1:00pm

Proposal Submission Deadline: October 2, 2026, 5:00pm https://secure.procurenow.com/portal/nnva

1.4. Contact Information

Project Contact:

Vernest Rice

Senior Contract Specialist

2400 Washington Ave

Newport News, VA 23607

Email: ricevo@nnva.gov

Phone: (757) 926-8032

Secondary Contact:

Kyle Pitchford

Procurement Services Specialist

2400 Washington Avenue

Newport News, VA 23607

Email: pitchfordkm@nnva.gov

Phone: (757) 926-8042

2. Scope of Work

2.1. Statement of Needs/General Requirements

Newport News Waterworks currently maintains over 133,000+ active water meter boxes throughout its service area. The successful contractor shall inspect approximately 30,000 meter boxes annually, with each meter box inspected on a five-year cycle.

1. Objective

The primary objective of this program is to systematically inspect all meter boxes within the defined service area to ensure compliance with current safety, operational, and regulatory standards. The program seeks to identify defects, maintenance needs, accessibility concerns, and compliance issues, thereby promoting reliability, safety, and regulatory adherence.

2. Scope

• Coverage Area: All meter boxes located within the defined service area boundaries.

• Inspection Criteria

1. Safety Compliance: Evaluate structural integrity, hazardous conditions, grounding, and signs of physical damage or corrosion.

2. Operational Performance:

Verify accurate metering, proper connections, seal integrity, and functional components.

3. Regulatory Compliance: Ensure adherence to current codes, standards, and utility regulation s.

4. Maintenance Needs: Identify worn-out or degraded components, potential failure points, and schedule recommendations.

5. Accessibility:

Confirm clear access for personnel, proper signage, and absence of obstructions or safety ha zards.

3. Deliverables

• Detailed inspection reports for each meter box inspected.

• Classification of meter boxes based on severity of findings (e.g., critical, moderate, minor issues).

• Recommendations for corrective actions, repairs, or replacements.

• Summary report highlighting trends, common defects, and areas requiring targeted interventions.

4. Inspection Methodology

• On-site visual and functional inspection of individual meter boxes.

• Documentation of defects using photographs, notes, and standardized forms.

• Use of appropriate testing equipment to verify operational functionality (e.g., voltage testers, continuity checks).

• Log adherence to applicable safety protocols during inspection.

5. Schedule

• Initial comprehensive inspection to be completed within a defined timeframe agreed by stakehold ers.

• Follow-up inspections scheduled based on findings and maintenance priority levels.

6. Quality Assurance

• All inspections conducted by certified personnel trained in electrical safety and regulatory require ments.

• Double verification of critical findings using peer review or supervisory oversight.

• Compliance with utility and regulatory reporting standards.

7. Constraints and Assumptions

• Access to meter boxes is granted by property owners or public right-of-way provisions.

• All inspections occur under normal operational conditions without interfering with service provisi on.

• Unforeseen environmental conditions or restricted access may require schedule adjustments.

2.2. Inspection Requirements

Each meter box shall receive a complete inspection. At a minimum, each inspection should include the following activities:

1. Locate Meter Box

• Verify GPS location and Waterworks Location Code

• Confirm box is accessible

• Verify the meter box corresponds with the assigned address

2. Expose and Clean Meter Box

• Remove grass, weeds, mulch, dirt, leaves, and other debris from lids

• Clean lid sufficiently so it is fully visible

• Place blue Waterworks Sticker on lid when applicable

• Ensure all utility markings on the lid remain visible

• Remove loose dirt from around the lid to permit future access

3. Open Meter Box

• Look for and replace broken or ill-fitted lids (lids to be provided)

• Cracked boxes

• Meter boxes that need reset

• Unsafe conditions

• Insect/Animal hazards

• Flooded Boxes

• Debris inside box (other than dirt)

4. Interior Inspection

• Meter Register

• Meter Wiring

• AMI Endpoint

• Expansion Wheel

• Gaskets (leaks)

• Yoke

• Piping

5. Tamper Inspection

• Unauthorized bypasses

• Meter reversal

• Meter removal

• Wrong Meter in Box

• Damage to meter

• Cut Wires

6. Encroachment Inspection

• Landscaping (shrubs, trees, mulch beds, etc.)

• Fencing

• Retaining Walls

• Driveway extensions

• Mailboxes

• Other permanent improvements restricting access

7. Meter Verification

• Meter Serial Number matches service location

• Current meter Read

8. Photograph Requirements

• Street View showing relation between House & Meter Box Location

• Top-down of meter box, lid, and surrounding area (before & after)

• Interior of meter box: meter number, reading on display, any defects, leaks, damage, and/or tampering

• All pictures should be date- and time-stamped, associated with inspection

9. Utility Locate Marking

• Use APWA Utility Color Code blue marking paint

• Where applicable, place on the curb where curb exists

• Edge of pavement nearest the service

2.3. Software and Data Management Requirements

A. The Contractor shall provide a secure, cloud-based inspection management system designed specifically for field asset inspections. The software should include, at a minimum, GIS mapping, GPS tracking, real-time inspection status, dashboard reporting, daily production reports, inspection history, photo management, deficiency tracking, a mobile application with offline data-collection capability, and automatic synchronization upon restoration of connectivity. The proposed software should allow the City of Newport News Waterworks full administrative access throughout the duration of the Contract and provide the ability to view completed and pending inspections, search inspection records by address, account number, meter number, or GPS location, filter and export inspection data, download photographs, generate custom reports, and display completed inspection areas on an interactive map to clearly identify completed neighborhoods and remaining work.

B. The Contractor shall fully describe the proposed software platform within its proposal, including the software name, vendor, years in service, number of utility clients currently utilizing the platform, hosting environment, security protocols, user permission capabilities, backup and disaster recovery procedures, mobile application features, and any licensing requirements associated with the system.

C. The software shall capture and maintain a comprehensive inspection record for each meter box inspected.

D. The Contractor shall maintain real-time production reporting throughout the term of the Contract.

The City should have continuous access to dashboards that display daily, weekly, monthly, and cumulative production totals; completed and remaining inspections; geographic completion maps;

inspector productivity; and statistical summaries of deficiencies, leaks, damage, tampering, and other inspection findings. The system should graphically display completed inspection areas to allow City staff to easily monitor progress, identify completed neighborhoods, and track remaining work. All inspection data shall remain the property of the City and shall be exportable in a City-approved electronic format upon request or upon completion of the contract.

E. To ensure compatibility with the City's existing technology platforms and future asset management initiatives, the proposed software should support industry-standard data exchange formats and integration capabilities. At a minimum, the system should be capable of importing and exporting data in Microsoft Excel, CSV, ESRI Shapefile, ESRI File Geodatabase, and

GeoJSON formats. The software should also support API-based integration with third-party applications, including SAP, Geographic Information Systems (GIS), Computerized Maintenance

Management Systems (CMMS), Enterprise Resource Planning (ERP) systems, and utility asset management software. The Contractor should describe all available integration capabilities, APIs, web services, and standard data exchange methods included with the proposed solution, as well as any additional licensing or implementation costs associated with these features.

2.4. Workflow Requirements

A. The Contractor shall develop and implement a comprehensive workflow to manage all aspects of the meter box inspection program, from project initiation through final acceptance. The workflow shall clearly define procedures for scheduling inspections, field data collection, quality assurance and quality control, daily data synchronization, issue tracking, and communication with the City.

The Contractor shall provide a detailed staffing plan that identifies the number of inspection crews, supervisory personnel, and support staff necessary to consistently meet the City's annual inspection goal of approximately 30,000 meter boxes. The plan should include monthly minimums and a daily response time for data uploads. The workflow shall also include contingency plans for weather delays, staffing shortages, equipment failures, and other unforeseen events that may impact production.

B. The Contractor shall establish standardized procedures for documenting and classifying inspection findings to ensure consistency throughout the project. Deficiencies shall be categorized by severity and urgency, with recommendations for appropriate follow-up actions, maintenance, or further investigation. Inspection records shall include sufficient detail to allow the City to prioritize corrective actions and incorporate findings into its maintenance and asset management programs. The Contractor shall maintain an internal Quality Assurance/Quality Control (QA/QC) program that includes supervisory field reviews, data validation, periodic re-inspections, and timely correction of any errors identified by either the Contractor or the City.

C. Throughout the project, the Contractor shall provide regular progress updates and participate in scheduled coordination meetings with City staff to review production, discuss significant findings, address operational issues, and evaluate overall project performance. The Contractor shall ensure that all inspection personnel are properly trained, easily identifiable to the public through uniforms, identification badges, and marked vehicles, and that they conduct themselves in a professional manner while working on or adjacent to private property. Also included should be safety requirements and compliance with traffic control.

D. The Contractor shall furnish all labor, supervision, equipment, office space, vehicles, software, materials, traffic control, GPS equipment, cameras, paint, and incidentals necessary to perform the work described herein.

3. Technical Proposal Format

3.1. Technical Proposal Format

To facilitate the analysis of proposals, Offerors are encouraged to prepare the proposal according to the instructions and in the order presented in this section. Proposals should be prepared as simply as possible with straightforward, concise descriptions to demonstrate an understanding of the project and services required by the City. Proposals that provide innovative alternatives and creative approaches are encouraged. Any other information thought to be relevant, but not applicable to the categories below, may be provided as an appendix to the proposal.

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

• An executive summary that provides a narrative, prepared in non-technical terms, summarizing the proposal.

• A profile which includes company/firm history, ownership, products or services offered, qualifications, financial status, etc.

• A description of the Offeror’s understanding of the requirements contained in the Scope of Work.

• A list of specialty service areas, if any.

• The approach to be used, in detail, to meet the requirements identified in the Scope of

Work.

• Key personnel, including experience history, who will be assigned to work on the project/provide services. Identify all subcontractors/sub-consultants who will work on the project/provide services and define their roles.

• Successes on projects similar in size and scope.

Offerors should attach and submit their Technical Proposal where prompted in the "Vendor

Questionnaire" section of their submittal.

4. Price Proposal Format

4.1. Price Proposal

Complete and provide a Price Proposal with your Proposal. Offerors should include any performance guarantees offered with the Price Proposal. The Price Proposal should contain the total cost to the City for the services, and include specific sections for the following:

1. Initial project mobilization, startup, development of inspection workflow, field procedures, staff training, and coordination with City personnel.

2. Locating meter box, cleaning/exposing the lid, opening and inspecting the box, meter and service components, checking for leaks and tampering, documenting accessibility and encroachments, verifying meter information and reading, GPS location, required photographs, blue utility marking, data entry, and submission of an accepted inspection record. The cost per box, per inspection should be indicated. The City estimates approximately 30,000 meter box inspections per year. This quantity is provided for evaluation and budgeting purposes only and does not constitute a guarantee of a minimum quantity of work.

3. Costs for any additional services your firm proposes to provide related to the Scope of Work for this Contract.

Offeror must include a clear description of each service, the associated cost, and whether the service is included as part of the services required under this RFP or offered as an optional service. Any assumptions, exclusions, or additional fees associated with the proposed services shall also be clearly identified.

5. Evaluation Criteria

Each proposal will be evaluated according to the following criteria. The criteria are listed in order of importance

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Qualifications and Relevant Experience

The City will evaluate the Offeror's overall qualifications and experience performing projects of similar scope, complexity, and size.

Consideration will be given to experience conducting utility asset inspections, water meter box inspection programs, GIS-based data collection, and projects involving large municipal water systems.

N/A N/A

2. Technical Approach and Understanding of

Scope of Work

The City will evaluate the Offeror's understanding of the project requirements and the proposed methodology for successfully completing the work.

N/A N/A

3. Software Solution and Data Management

Capabilities

The City will evaluate the proposed inspection management software and data collection platform.

N/A N/A

4. Price

The City will evaluate the total cost proposal based on the pricing submitted by the Offeror.

N/A N/A

5. Quality Assurance and Quality Control

Program

The City will evaluate the Offeror's procedures for ensuring data accuracy and consistent inspection quality.

N/A N/A

6. Completeness of Proposal. N/A N/A

6. Evaluation of Proposals

6.1. Evaluation of Proposals

Proposals will be evaluated according to the established evaluation criteria identified herein. The

City will select two (2) or more Offeror proposals that are deemed to be fully qualified and best suited to provide the required services contained in the Scope of Work. The City may initiate discussions/interviews and may conduct negotiations with each of the selected Offerors. During negotiations, proposals may be revised by the Offeror and the City may obtain best and final offers. Once negotiations are completed, the City may again make a determination as to whether the Offeror has the capability, integrity and reliability to provide the required services.

Only proposals from responsible Offerors that are seen as reasonably susceptible of being selected for award, based on information contained in the proposal, will be evaluated by the City.

Should the City determine that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified than others, a contract may be negotiated and subsequently awarded to that

Offeror if the City finds that such a selection is in the best interest of the City.

7. Contract Specific Terms and Conditions

7.1. Questions

Questions regarding this Request for Proposals (RFP) must be submitted in writing through the

OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Tuesday, September 8, 2026 by 1:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.

7.2. Pre-Proposal Conference

There is not a pre-proposal conference scheduled for this project.

7.3. Contractor Qualifications

Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

7.4. Method of Award

The City will make a single award to the responsible Offeror(s) who has made the best proposal and determined to be most advantageous to the City by taking into consideration price and the evaluation criteria identified herein.

7.5. Contract/Agreement

Following award, a contract will be executed between the Contractor and the City. A sample contract is included in this Request for Proposals. Do not return the sample contract with the proposal; it is provided for informational purposes only.

7.6. Contract Modifications

Any modifications made to the contract must be approved by the Office of Purchasing in advance. The City and the Contractor must mutually agree to modify the terms, conditions, scope or prices/costs contained in the contract before modifications are implemented.

7.7. Contract Period/Renewal

The initial contract period will be for one (1) year from the date of award, with the option to renew, at the City’s sole discretion, for three (3) additional one (1) year periods.

A contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one-year renewal period upon mutual agreement of the City and Contractor.

7.8. Price Escalation/De-Escalation

Prices shall remain firm for the initial contract period. Price adjustments for future contract periods may be negotiated with the Offeror selected for award.

7.9. Method of Ordering

Receipt of a Purchase Order constitutes the authorization to provide the goods or services specified on the order.

7.10. Invoicing and Payment

Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, and Newport News, VA 23607. No service fees or additional costs will be paid by the City during the term of the contract unless allowed in the contract.

Payment will be authorized following receipt of a valid invoice which must minimally include the Purchase Order Number, Purchase Order Line Item Number(s), Contract number (if provided by the City), Description of Goods and Services, Delivery Date(s) of Goods or Services, Unit

Prices and Total Price. Invoices may be submitted following completion of services or per agreed-upon terms.

7.11. CIP-Funded Project

Funds to be utilized for this project are from the City’s multi-year Capital Improvement Plan.

Offerors are advised that the initial Purchase Order amount for the project will represent the anticipated project cost for the City’s current fiscal year (July 1 through June 30 of each year). This cost may be based on the appropriation of project funds for the fiscal year, contract time, Schedule of Values provided by the Contractor after award and date of Notice to Proceed

(NTP). The Purchase Order will be modified to reflect additional appropriations for each subsequent fiscal year in which Work will be performed. The City’s method for identifying project cost on a fiscal year basis will not impact or delay the progression of Work by the

Contractor nor will it impact the total contract price identified in the Agreement to be executed between the City and the Contractor.

7.12. Equipment

Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the proposal. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

7.13. Insurance

The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.

Prior to submitting a proposal, ensure that your firm fully understands the City’s insurance requirements, your carrier is properly rated and that your carrier can provide the required insurance and endorsements.

Contractor shall have seven (7) days from the date of the City’s request to provide insurance certificates and endorsements. Failure to provide the certificates and endorsements within this timeframe may be cause for the City to rescind award of a contract and hold the original

Bidder/Offeror liable for excess costs.

Insurance requirements are specified herein in Section titled Insurance Requirements.

https://secure.procurenow.com/portal/nnva/projects/296106/document?section=undefined

7.14. Warranty

The Contractor warrants the goods/services furnished to be of the highest quality and to be free from defects for a minimum period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. As applicable, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the City. The most favorable warranty the Contractor provides other customers, if better than the warranty requirement stated herein, shall be extended to the City.

7.15. Examination of Conditions

Each Offeror shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the work in accordance with the Specifications or Scope of Work.

7.16. Confidentiality

A. Each party to the contract resulting from this solicitation shall (i) hold in strict confidence any or all Confidential Information of any other Party, (ii) use the Confidential

Information solely to perform or to exercise its rights under a contract, and (iii) not transfer, display, convey or otherwise disclose or make available all or any part of such

Confidential Information to any third-party. Each party shall take the same measures to protect against the disclosure or use of the Confidential Information as it takes to protect its own proprietary or confidential information (but in no event shall such measures be less than reasonable care).

B. Exclusions: The term “Confidential Information” shall not include information that is:

1. in the public domain through no fault of the receiving party or of any other person or entity that is similarly contractually or otherwise obligated;

2. obtained independently from a third-party without an obligation of confidentiality to the disclosing party and without breach of this Contract;

3. developed independently by the receiving Party without reference to the Confidential

Information of the other Party; or

4. required to be disclosed under The Virginia Freedom of Information Act (§§2.2-3700 et seq. of the Code of Virginia) or similar laws or pursuant to a court order.

C. Return or Destruction: Upon the termination or expiration of a contract, the Contractor shall at its own expense, (a) promptly return to the City all tangible Confidential

Information (and all copies thereof except the record required by law) or (b) upon written request, destroy such Confidential Information and provide written certification of such destruction, and (ii) cease all further use of the Authorized User’s Confidential

Information, whether in tangible or intangible form. The City shall retain and dispose of

Contractor’s Confidential Information in accordance with records retention policies and as required by law.

7.17. Scheduling and Delays

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

Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

7.18. Continuity of Services

The services rendered in the contract resulting from this RFP are vital to City and must be continued without interruption. At contract expiration, the Contractor shall provide best efforts and cooperation to facilitate an efficient and effective transition to a successor, whether City or other Contractor at no additional cost to the City.

8. Standard Terms and Conditions

8.1. Pre-Proposal and Proposal Submission Requirements

A. Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Request for

Proposals (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Offeror is ineligible for award.

B. All proposals shall be submitted sealed via the City’s e-Procurement Portal, OpenGov

Procurement. Fax and Email transmittals will not be considered. Proposals cannot be submitted after the due date and time noted above. Failure to return required documents and information specified herein may result in a determination that the proposal will not be considered for award.

C. All costs associated with preparing a proposal, including any mailing costs, are the

Offeror’s responsibility.

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

E. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the City. All deliveries shall be F.O.B. Destination.

F. The Terms, Conditions and Specifications in this Request for Proposals shall supersede any terms and conditions offered. Any additional conditions an Offeror intends to be considered should be submitted with the proposal. Exceptions may result in a determination that a proposal will not be considered for award . All Terms, Conditions and Specifications will be incorporated by reference and be part of the contract following award.

G. Failure to provide a proposal from an authorized representative shall be cause for rejection of the proposal.

H. Failure to use the forms provided may be cause for rejection of the proposal.

I. The viability and accessibility of the Offeror’s submitted attachments is entirely the responsibility of the Offeror. Attachments that are not accessible cannot be considered during the review and evaluation of the proposal, which may result in that proposal being determined non-responsive and not being further considered for award.

J. Submission of a proposal is not to be construed as an award or an order to ship.

K. A proposal by the 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 proposal. Suspension or debarment may disqualify the Offeror from award of a contract.

8.2. 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 proposal due date and time to ensure that all Addenda are received. Addenda shall be posted on the City's e-

Procurement Portal, OpenGov Procurement and Addenda notifications will be sent via email to all persons on record who are following this RFP on OpenGov Procurement.

All Bidders shall acknowledge receipt of Addenda with the proposal. Acknowledgement of all

Addenda shall be completed in OpenGov Procurement. If all Addenda are not acknowledged, the proposal may be deemed non-responsive.

8.3. Award

A. Award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous and provides the best value to the City, taking into consideration the evaluation factors set forth in this Request for Proposals. When the terms and conditions for multiple awards are provided in the Request for Proposals, awards may be made to more than one (1) Offeror.

B. The City may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall provide the City information and data for this purpose. The City may inspect physical facilities if deemed necessary. In addition, the City reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications or Scope of Work.

C. An Offeror may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award as indicated in the Code of the City of Newport

News Section 2-576.3. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent.

D. The Administrative Appeals Procedure is posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources. This procedure shall be used for hearing protests of a decision to award or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract.

8.4. Public Inspection of Records

All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq., Code of Virginia, 1950, as amended).

As indicated in the Code of the City of Newport News Section 2-557.2, any Offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the Purchasing Agent decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.

Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records.

Interested parties may contact the Contract Officer to request a time to review proposal records during the normal business hours of the City. The City reserves the right to facilitate public inspection of records through electronic means to the extent possible.

8.5. Notices and Communications

Notices and communications related to the contract resulting from this Request for Proposals shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, modifications, renewals, and terminations will be handled through the Office of

Purchasing. The Office of Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, contract renewals and contract amendments. The City may also use a web-based service to obtain signatures electronically.

8.6. Availability of Funds

A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

8.7. Authorization to Transact Business in Virginia

All Offerors 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 Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the proposal a statement describing why the Offeror 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 City 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.

8.8. Cooperative Purchase

If authorized by the Offeror, the contract resulting from this Request for Proposals may be extended to other public bodies, agencies or institutions within the United States to purchase at the contract prices and terms and conditions. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The City of Newport News is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating public bodies. It is the Contractor’s responsibility to notify other public bodies of the availability of contract(s), if desired. Offerors who do not wish to extend the terms, conditions and prices to other public bodies shall so indicate in the proposal.

8.9. Small, Women-Owned, Minority-Owned, and Service Disabled Veteran- Owned Business Requirements

The City of Newport News desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals, service disabled veterans, military family-owned businesses and employment services organizations, and to encourage their participation in the City's procurement activities. The City of Newport News encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. Offerors are requested to complete and provide the Small, Women-Owned, Minority-Owned and Service Disabled Veteran-Owned Business Requirements Form, if provided herein.

8.10. Faith Based Organizations

The City of Newport News does not discriminate against faith based organizations.

8.11. Non-Discrimination

During the performance of a contract with the City, the Contractor agrees as follows:

A. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

B. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

C. 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.

D. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

8.12. Drug Free Workplace

During the performance of a contract with the City, 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 of 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.

8.13. Procurement of Imported Goods; Forced and Indentured Child Labor Prohibition

During the performance of a contract with the City, the Contractor agrees that it will not use forced or indentured child labor in the performance of a contract that exceeds $10,000 and that the Contractor will include this provision in every subcontract or purchase order of over $10,000 so that the provision is binding upon each subcontractor or vendor. “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.

8.14. Payment Terms

A. Payment terms shall be “Net 30 Days" unless otherwise stated by the Offeror on the

Proposal Form. Alternate terms may be offered for prompt payment of bills.

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

C. Late payment charges shall not exceed one percent (1%) per month as indicated in the

Code of Virginia Section 2.2-4352, Prompt Payment of Bills by Localities.

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

E. The date of postmark shall be deemed as the date of payment in all cases where payment is made by mail.

F. The City does not make advance payments for goods or services by practice.

8.15. Contractor Obligation to Pay Subcontractors (§ 2.2-4354 of the Code of Virginia)

The Contractor shall take one of the two following actions within seven (7) days after the receipt of amounts paid by the City for work performed by subcontractor(s) under the contract resulting from this solicitation:

A. Pay the subcontractor(s) for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor(s) under the contract; or

B. Notify the City and subcontractor(s), in writing, of their intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

All contracts awarded by the Contractor to a subcontractor for any portion of the contract shall include:

A. An interest clause that obligates the Contractor to pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City, except for amounts withheld as allowed.

B. An interest clause that the Contractor shall pay interest to the subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City for work performed by the subcontractor(s), except for amounts withheld as allowed.

C. An interest rate clause stating, ‘Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

D. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

E. The Contractor’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment requirements in this section may not be construed to be an obligation of the

City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

8.16. Taxes

Sales to the City of Newport News are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

8.17. Hold Harmless and Indemnification

The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by lack of performance, unlawful acts or omissions, or the negligent or willful acts or omissions of contractor or its subcontractors or sub-consultants.

Further, if the Contractor subcontracts any work, it will require in its subcontracts that each contractor indemnify defend and hold harmless the City as stated above.

The parties to the contract resulting from this solicitation agree that under Virginia state law the

City cannot indemnify, defend and hold harmless the Contractor. To the extent any promise or term contained in the contract, including exhibits, attachments or other documents incorporated by reference therein, includes any indemnification or obligation to defend by the City, that promise or term is stricken from the contract and of no effect.

8.18. 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.

8.19. 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.

8.20. Governing Law and Venue

This solicitation and any resulting contract are subject to the laws of the Commonwealth of

Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in the courts of the City of Newport News, Virginia, or the United States District Court for the

Eastern District of Virginia, Newport News Division.

In accordance with § 2.2-4311.3 of the Code of Virginia: No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable.