845074engFred.pdf

UNSEALED REQUEST FOR PROPOSALS ANNOUNCEMENT

URFP No. 2027-06-ADM

Issue Date: September 15, 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:

On-Call Professional Engineering Services for Small Projects

Proposals Due:

Tuesday, October 13, 2026, at 2:00p.m., local time.

Project Overview:

The purpose of this Unsealed Request for Proposals (RFP), issued by the County of Frederick, Virginia, is to establish one or more contracts with qualified engineering firms to provide professional engineering services on an as-needed, on-call basis for small projects, provided that the aggregate cost of the A/E services for any individual project does not exceed $80,000.

The County of Frederick, Virginia (the “County”) is seeking proposals from qualified firms (the “Offeror” or

“Contractor”) to furnish the goods and/or services described herein and proposals will be received by Karen

Orndorff, Purchasing Manager at the Frederick County Finance Department, 3rd Floor, 107 N. Kent Street, Winchester, Virginia, 22601, through the due date and hour shown above (local prevailing time). Electronic submission proposals will be accepted through eVA only. Proposals received after this time will not be accepted.

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

Karen Orndorff, Purchasing Manager, no later than 2:00 p.m. on Tuesday, September 29, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

RFP Contact Information:

Karen Orndorff, Purchasing Manager karen.orndorff@fcva.us

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). Notification of awards will be posted on eVA (www.eva.virginia.gov).

http://www.fcva.us/purchasing mailto:karen.orndorff@fcva.us https://www.eva.virginia.gov/ http://www.evavirginia.gov/

On-Call Professional Engineering Services for Small Projects URFP 2027-06-ADM

Table of Contents

SECTION A: SCOPE OF WORK

SECTION B: SUBMISSION REQUIREMENTS AND EVALUATION

SECTION C: CONTRACT SPECIFIC TERMS AND CONDITIONS

SECTION D: TERMS AND CONDITIONS

ATTACHMENT A: PROPOSAL FORM

ATTACHMENT B: PAYMENT PROCEDURES

ATTACHMENT C: VENDOR APPLICATION

ATTACHMENT D: REFERENCE PAGE

ATTACHMENT E: SELECTION OF A/E SERVCIES PROPOSED BY FIRM

ATTACHMENT F: PROPRIETARY INFORMATION

ATTACHMENT G: INSURANCE REQUIREMENTS

SECTION A: SCOPE OF WORK

1. INTRODUCTION

The purpose of this Request for Proposals (RFP) is to establish one or more contracts with qualified engineering firms to provide professional engineering services through competitive negotiations. The initial contract term shall be one (1) year, with the possibility of up to four (4) additional one-year renewals, contingent upon mutual agreement by both parties and the County's continued need for services. The County reserves the right to make multiple awards from this solicitation.

Services under the resulting contracts will be provided on an “as-needed” and on-call basis for small projects, including planning, evaluation, design, maintenance, repair, renovation, site improvements, and other related projects requiring professional engineering services. Individual projects will be authorized through Project Task

Orders or other written authorizations issued during the contract term. The aggregate cost of the A/E services authorized for any individual project under these contracts shall not exceed $80,000.

The resulting contracts will be optional-use contracts. The County is not obligated to issue any Project Task

Orders or purchase any minimum amount of services from the selected firm(s). Frederick County does not guarantee that any selected firm will receive a project assignment or any specific number or dollar value of

Project Task Orders during the contract term.

Each Project Task Order will identify the specific scope of services, deliverables, schedule, and compensation authorized for that project. The Consultant shall not begin work or incur costs beyond the authorized scope or amount without prior written authorization from the County.

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. STATEMENT OF NEEDS

Services may be extended for use by the Northwestern Regional Adult Detention Center and the Winchester

Regional Airport, as authorized by Frederick County.

The Consultant shall perform all services in accordance with generally accepted professional standards and applicable federal, state, and local laws, codes, regulations, and requirements. Services shall be performed by appropriately licensed professionals authorized to practice in the Commonwealth of Virginia.

This RFP is intended to establish on-call professional engineering services for small projects, provided that the aggregate cost of the A/E services authorized for any individual project does not exceed $80,000. Services may include evaluations, inspections, investigations, analysis, recommendations, feasibility studies, code compliance reviews, project design and drawings, cost and schedule estimates, specifications, reports, permitting, bidding assistance, and construction administration. Services may include structural, mechanical, electrical, civil, fire protection, environmental, geotechnical, surveying, and other related engineering services, as requested by the

County.

The Consultant shall provide all labor, supervision, professional services, materials, equipment, transportation, tools, supplies, and other resources necessary to complete each authorized task, unless otherwise specified in the applicable Task Order. Compensation shall include all applicable overhead, administrative costs, and profit provided, however, that the aggregate cost of the A/E services authorized for any individual project shall not exceed $80,000.

The County reserves the right to require the Consultant to coordinate and work with other County consultants, contractors, utility providers, regulatory agencies, and other parties as necessary to complete an assigned project.

Services may be required at various stages of project development, including, but not limited to, planning, investigation, evaluation, design, permitting, procurement, construction, and project closeout.

Individual projects will be authorized through Project Task Orders or other written authorizations. Each Task

Order will identify the specific scope of services, required deliverables, schedule, and authorized compensation.

The Consultant shall not perform services beyond the authorized scope or exceed the authorized amount without prior written approval from the County.

A. GENERAL ENGINEERING SERVICES

1. Evaluations, inspections, investigations, analysis, recommendations, reports, and feasibility studies.

2. Field investigations, measurements, documentation, and preparation of existing-condition drawings.

3. Code compliance evaluations and recommendations.

4. Preparation of preliminary, schematic, and final designs.

5. Preparation of construction drawings, specifications, and contract documents.

6. Preparation of construction cost estimates and project schedules.

7. Value engineering and evaluation of alternatives.

8. Preparation and coordination of permit applications and regulatory submissions.

9. Assistance with bidding and procurement, including responses to contractor questions and review of bids.

10. Construction administration, observation, and inspection services.

11. Review of contractor submittals, shop drawings, requests for information, pay applications, and change orders.

12. Preparation of punch lists and assistance with project closeout.

13. Preparation or review of record drawings and other closeout documentation.

14. Coordination with County staff, consultants, contractors, utilities, and regulatory agencies.

B. MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING SERVICES

1. Evaluation, analysis, recommendations, reports, and feasibility studies.

2. Field inspections and investigations.

3. Preparation of measured drawings and existing-condition documentation.

4. Preparation of plans, specifications, and contract documents.

5. Construction administration and inspection services.

6. Building systems analysis and code compliance reviews.

7. Mechanical, electrical, and plumbing engineering design.

8. Energy analysis and evaluation of building systems.

9. Building automation systems and controls.

10. Central plant evaluation and design.

11. Elevator system evaluation, design, and modifications.

12. Evaluation and design of equipment replacement or upgrades.

C. STRUCTURAL ENGINEERING SERVICES

1. Structural evaluations, inspections, analysis, and recommendations.

2. Field investigations and documentation of existing conditions.

3. Structural calculations and reports.

4. Evaluation of structural deficiencies and recommended repairs.

5. Design of structural repairs, modifications, and improvements.

6. Preparation of structural plans, details, specifications, and contract documents.

7. Construction administration and inspection services.

8. Evaluation of roofs, foundations, walls, slabs, and other structural components.

D. CIVIL, SITE, STORMWATER, AND EROSION & SEDIMENT CONTROL SERVICES

1. Civil engineering design and analysis.

2. Site evaluations and investigations.

3. Site improvement design.

4. Drainage and stormwater management analysis and design.

5. Erosion and Sediment Control design and review.

6. Utility evaluation and coordination.

7. Roadway, parking, sidewalk, trail, and site-access improvements.

8. Grading and drainage plans.

9. Preparation of plans, specifications, cost estimates, and contract documents.

10. Assistance with applicable permits and regulatory approvals.

E. FIRE PROTECTION ENGINEERING SERVICES

1. Fire sprinkler system evaluation and design.

2. Fire alarm system evaluation and design.

3. Fire protection system inspections and assessments.

4. Code compliance evaluations.

5. Preparation of plans, specifications, reports, and recommendations.

F. GEOTECHNICAL AND ENVIRONMENTAL SERVICES

1. Geotechnical and environmental investigations and assessments.

2. Soil borings, geologic and hydrologic studies, foundation evaluations, CBR testing, probes, material sampling, and laboratory testing, when required.

3. Environmental site assessments.

4. Evaluation of environmental conditions affecting a project or property.

5. Preparation of environmental reports and recommendations.

6. Environmental remediation planning and coordination.

7. Asbestos and lead-based paint testing, design, and monitoring, when required.

8. Coordination with applicable federal, state, and local regulatory agencies.

G. SURVEYING SERVICES

1. Boundary surveys.

2. Topographic surveys.

3. Utility surveys and location of above- and below-ground utilities.

4. Site improvement surveys.

5. Deed and title research.

6. Construction layout and related surveying services.

7. ALTA surveys, when specifically requested.

8. Preparation of survey drawings and related documentation.

H. GIS AND OTHER RELATED SERVICES

1. Geographic Information System (GIS) mapping and analysis.

2. Preparation of exhibits, maps, and project graphics.

3. Data collection and analysis.

4. Other related technical services necessary to support an authorized project.

I. PROJECT-SPECIFIC SERVICES

The County may request other professional engineering services reasonably related to a small project, provided such services are within the Consultant's professional qualifications and are authorized through an applicable Task

Order.

The County does not guarantee that any particular service category will be requested or that any selected

Consultant will receive assignments in every service category.

J. SERVICE CATEGORIES

Offerors shall identify the types of professional engineering services their firm proposes to provide to the County in Attachment B – Selection of Engineering Services Proposed by Firm.

Offerors may propose services in one or more categories. The County may make multiple awards to obtain access to firms with different areas of expertise.

4. QUALIFICATIONS

The County may make such reasonable investigations as it deems proper and necessary to determine the ability of the A/E to perform the services requested. The Offeror shall furnish any information requested by the County for this purpose. Additionally, the County reserves the right to inspect the Offeror’s physical facilities, when deemed necessary, prior to award to evaluate the Offeror’s capabilities. The County further reserves the right to reject any proposal if the information submitted by, or the results of the County’s investigation of, the Offeror fail to satisfy the County that the Offeror is properly qualified and capable of carrying out the obligations of the contract and providing the services contemplated herein.

SECTION B: SUBMISSION REQUIREMENTS AND EVALUATION

1. PROPOSAL SUBMISSION

a. Submit one (1) original paper version (conspicuously marked as “ORIGINAL”) and one (1) electronic version on USB/”Thumb Drive” of the proposal by the due date and time specified on the announcement page. Electronic versions shall be exact duplicates of the original version. In case of a conflict between the original paper version and the electronic version, the original paper version shall prevail. Proposals shall be delivered to the County of Frederick, Purchasing Manager, 107 N. Kent

Street 3rd Floor, Winchester, VA 22601.

All proposals must be sealed and labeled with the Proposal Name and Proposal Number and include the

Offeror’s name and address on the outside of the package.

b. (Preferred Method) In lieu of hard copy submissions, electronic submissions are permitted. Your firm’s proposal submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than the date and time listed on the RFP

Announcement page, by submitting through the Commonwealth of Virginia’s electronic procurement platform eVA.

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

c. All proposals (including all documents, schedules, reports, plans and other attachments) will not be returned.

2. 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 County. Proposals that provide innovative alternatives and creative approaches are encouraged. Any other information thought to be relevant, but not applicable to the categories below, may be provided as an appendix to the proposal.

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

a. Attachment A – Proposal Form: The Proposal Form attachment (3 pages) should act as the cover pages of the proposal and shall include an authorized signature from the Offeror.

b. Section 3 – Experience: A written narrative statement to include:

1. Experience in providing the services described herein.

i. Please highlight any similar experience working with state and local government, to include experience with public safety needs (fire and rescue stations).

2. Staffing: Provide the names, qualifications, degrees, certifications, experience and licenses of key employees, consultants, and sub-consultants to be assigned to the project.

i. Provide the length of time of relationship the Offeror has with the proposed employees, consultants, and sub-consultants.

ii. Staff resumes to be assigned to the project.

3. References: Provide at least three references (form included) for which work of a similar nature to that described herein was performed within the past five years.

https://eva.virginia.gov/index.html

c. Section 4 – Additional Information: This section is to be used to provide any other relevant information to this section that may be beneficial to the evaluation and services being sought.

d. Section 5 – Required Attachments:

1. Vendor Application

2. Acknowledgement of Payment Procedures

3. References

4. Proprietary Information

5. Insurance Requirements

6. Signed Addenda, if applicable

3. PRICE PROPOSAL

During the negotiation stage, the County shall request that the Offeror(s) submit a cost proposal identifying direct and indirect costs as the basis for contract negotiations. The cost proposal shall provide sufficient supporting information and data to establish the reasonableness of the proposed fees by task, stage, and/or phase.

Offerors may propose escalation rates for this Contract for evaluation by the County; however, any proposed escalation shall not exceed five percent (5%) annually, in accordance with Section C, Item 8. If accepted and incorporated into the Contract, any escalation for subsequent contract periods shall not exceed five percent

(5%) annually and shall be subject to the terms and conditions established in the Contract. No escalation shall become effective unless approved by the County in writing.

It is understood that the Consultant’s work under Task Orders issued during the Contract term may not be completed before the expiration of the Contract. All terms and conditions of the Contract, including all rights and obligations of the parties, shall remain in effect until the Work under such Task Orders is completed, except that the County shall have no obligation to issue, and the Consultant shall have no right to accept, additional Task Orders after expiration of the Contract term. The County and the Consultant shall fulfill the requirements of all Task Orders issued prior to expiration of the Contract, including approved Change Orders, even though the term for issuing new Task Orders has concluded. Payment for work performed after expiration of the Contract term shall be made at the rates established for the most recent Contract term, unless otherwise agreed to in writing by the County.

Final negotiated prices submitted with the Final Revised Proposal shall remain valid for a minimum of ninety

(90) calendar days from the original due date of this RFP, or until such time as a Contract is executed, whichever occurs first, unless extended in writing by the Offeror and accepted by the County.

4. EVALUATION OF PROPOSALS:

Proposals will be evaluated according to the established evaluation criteria. The County may select two (2) or more Offerors from all proposals submitted that are deemed to be fully qualified and best suited to provide the required services.

Based on the results of the preliminary evaluation and reference checks, the highest scored offerors may be invited by the County Purchasing Manager to make oral presentations to the Evaluation Committee. This committee will then conduct a final evaluation of the proposals. The County will conduct negotiations with each of the selected Offerors and may obtain best and final offers.

Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the County Purchasing Manager, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion and/or oral presentations. Consequently, offerors should provide complete, thorough proposals with the Offeror’s most favorable terms. Should proposals require additional clarification and/or supplementary information, Offerors should submit such requested material in a timely manner.

Should the County 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 without engaging in discussions/interviews with other Offerors if the County finds, in its sole discretion that such a selection is in the best interest of the County.

The County may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

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

CRITERIA POINTS

Experience & Qualifications: The Offeror’s experience, qualifications, and references indicating the ability to perform the requested services included in the solicitation

Proximity, Availability & Responsiveness: The Offeror’s proximity to Frederick

County, Virginia, and demonstrated ability to provide timely on-site services, attend meetings and site visits, and respond to the County’s needs. Consideration may be given to the location and availability of the proposed project team and their ability to provide services within the timeframes required by the County.

Proposal Completeness: Strength of overall proposal. Overall proposal submitted specifically addresses the County’s Request, is complete and easy to follow.

TOTAL 100

SECTION C: CONTRACT SPECIFIC TERMS AND CONDITIONS

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

2. eVA REGISTRATION: Frederick County utilizes eVA, Virginia’s electronic purchasing system to communicate and award with Offerors. In the event of an award, the selected Offeror shall be required to register in eVA. There is no cost associated with registration.

3. CONTRACTOR QUALIFICATIONS: All proposals must either meet or exceed the requirements contained herein. All offerors must be able to identify experience with local and state governments, and demonstrate the necessary qualifications, skills, and abilities are provided for evaluation. Offerors are encouraged to include past work experience, resulting in relevant and verifiable evidence of a good performance history.

4. METHOD OF AWARD: The County will make multiple awards to the responsible Offeror(s) who has made the best proposal and determined to be most advantageous to the County.

5. CONTRACT/AGREEMENT & TASK ORDERS: Following award, a contract/agreement will be executed between the Offeror and the County. As small A/E projects are identified, funded, and approved by the County, the County may issue a task request to the Consultant determined to be appropriate for the applicable engineering or architectural discipline. The County may consider the Consultant’s qualifications, experience, availability, proximity to the County, current workload, and the specific requirements of the project when selecting a Consultant for a task.

The Consultant shall submit a task proposal to the County for each project based on the Consultant’s Schedule of Rates and within the timeframe established by the County. The County may request a meeting or discussion with the Consultant regarding the proposed scope of services. Based upon the task request and any subsequent discussions or negotiations, the Consultant shall provide a written task proposal within ten (10) calendar days of the County’s request, unless otherwise agreed upon by the County.

The Consultant’s task proposal shall include, as applicable, the following:

A. Scope of Services: A concise description of the services to be provided, deliverables, assumptions, and any applicable special conditions.

B. Subconsultants: Identification of any proposed Subconsultants required to complete the task, including the services to be provided and associated costs. Subconsultants shall be subject to

County approval.

C. Cost Proposal: A detailed breakdown of the proposed fee, including labor, Subconsultant costs, and any applicable reimbursable expenses.

D. Reimbursable Expenses: Identification of anticipated reimbursable expenses necessary to complete the task. Reimbursable expenses shall be limited to actual, reasonable, and necessary non-employee costs approved by the County.

E. County-Furnished Information: A list of materials, information, or assistance required from the

County to complete the task. The Consultant shall be responsible for obtaining information that is generally available to the public and necessary to complete the task, at no additional cost to the

County.

F. Schedule: Proposed commencement and completion dates for the task, coordinated with and approved by the County.

G. Signature: The task proposal shall be signed and dated by an authorized representative of the

Consultant.

The Consultant may propose additional Subconsultants or specialty disciplines not identified in the original contract when necessary to complete a task. All additional Subconsultants shall be subject to prior written approval by the Contract Administrator.

Conditions or services not reasonably anticipated or included in the approved task order shall be addressed with the County prior to the performance of such additional services. Any additional services and associated costs must be approved by the County in writing. A Change Order to the applicable Task Order shall be issued, when required, prior to the Consultant performing the additional services.

The maximum dollar amount of an individual task order and the aggregate amount of task orders issued under the contract shall comply with all applicable provisions of the Virginia Public Procurement Act (VPPA), including § 2.2-4303.1, as applicable. Nothing in this solicitation or contract shall be construed to authorize the County to exceed any applicable statutory procurement threshold.

6. CONTRACT MODIFICATIONS: The County may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

7. CONTRACT PERIOD/ RENEWAL: The initial contract period will be for one year from date of award and continue for one year with the option to renew, at the County’s sole discretion, for four (4) additional one

(1) year periods.

A contract extension, under the terms and conditions contained herein, may be considered following the end of the final one-year renewal period upon mutual agreement of the County and Contractor to ensure project completion for tasks and projects initiated prior to contract expiration.

8. PRICE ADJUSTMENT: Prices shall remain firm for the initial contract period. Should the County exercise the option to renew the contract for additional one-year periods, the Contractor may request a price increase prior to the end of the then current period. The price increase for each renewal period shall not exceed the change of the Consumer Price Index (CPI) for Engineering and Architectural Services not seasonally adjusted as published by the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

The new contract price(s) shall be calculated by applying the published index percentage change to the then current unit price(s). The newly adjusted price(s) will become effective upon a mutually acceptable date, but not prior to the date of the renewal period, and will apply to goods or services requested on or after the effective date of the new price. The Contractor shall submit a written request for a price increase (email, facsimile, or US Mail) to the Purchasing Manager AND soliciting department. When applicable, evidence/proof of price change from the manufacturer or other relevant source shall accompany the price increase request. Price increases will not be automatic and are subject to approval by the County. If approved by the County, price increases shall be limited to a maximum of 5% for each one-year renewal period.

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

Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.

http://www.bls.gov/cpi http://www.bls.gov/ppi

9. METHOD OF ORDERING: The firm shall provide the services requested upon receipt of a Task Order.

10. PAYMENT: Payment will be authorized following receipt of a valid invoice (including Purchase Order

Number, Line Item Number(s), Description of Goods and Services, Unit Prices, Total Price, etc.) and delivery of goods or completion of services according to specifications and subject to inspections. A completed and signed Acknowledgement of Payment Procedures must be submitted with all proposals (Attachment B).

11. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless The County of Frederick, 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.

Separate forms, which name the County as an additional insured and as alternate employer, must be included with the Certificate of Insurance. Please see the General Terms and Conditions for additional information regarding insurance coverage limits. Please make sure prior to submitting a proposal that all insurance endorsements forms have been reviewed by your insurance carrier.

The Commonwealth of Virginia requires contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf for the County. Evidence of coverage needs to be provided prior to commencement of work.

Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation.

Failure to provide the certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder and hold the original Contractor liable for excess costs.

12. 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.

13. SCHEDULING AND DELAYS: The parties to a contract resulting from this RFP acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the 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 County. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

SECTION D: 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. PRE-PROPOSAL AND PROPOSAL SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County Purchasing Manager or the IFB Contact, regarding an Invitation for Bids is expressly forbidden except with the permission of the Purchasing

Manager. Violation of this directive may result in a determination that the bidder is ineligible for award.

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

c. All proposals shall be submitted sealed with the proposal number, date and time clearly marked on the outside of the envelope or package. Proposals received by the Purchasing Manager after the due date and time will not be accepted or considered. Failure to return required documents and information specified herein may result in a determination that the proposal is non-responsive. Emailed and/or faxed proposals will not be considered. All costs associated with preparing a proposal, including any mailing costs, are the

Offeror’s responsibility.

d. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B.

Destination.

e. If the County is closed for business at the time scheduled for proposal opening, regardless of reason, proposals will be accepted on the next business day of the County, at the originally scheduled time.

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

g. Submission of a proposal by the Offeror is not to be construed as an award or an order to ship.

h. 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 response. Suspension or debarment may disqualify the

Offeror from award of a contract.

i. A proposal 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 proposal. Submission of a subsequent proposal unless specifically identified as an additional submission, shall constitute the withdrawal of any prior one submitted by the same offeror on the same

Request for Proposal.

j. Withdrawal of proposals after opening is governed by the Code of Virginia §2.2-4330. The offeror shall give notice in writing of his/her claim of right to withdraw his/her proposal within two business days after opening or receipt of proposals procedure and shall submit original work papers with such notice.

k. The County posts all solicitations and related documents on eVA, Virginia’s eProcurement

Portal

(www.eva.virginia.gov).

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. AWARD

a. A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal

(www.eva.virginia.gov ).

b. Competitive negotiation selections shall be made from among two or more Offerors deemed to be fully qualified and best suited among those submitting proposals, based upon the evaluation factors identified in the Request for Proposals, including price if so stated in the Request for Proposals. Price shall be considered but need not be the sole or primary determining factor.

Negotiations shall be conducted with each of the Offerors selected for negotiations. After negotiations have been conducted, the County shall select the Offeror which, in the County's opinion, has made the best proposal and provides the best value, and shall award the Contract to that Offeror.

The County reserves the right to make multiple awards when the terms and conditions for multiple awards are included in the Request for Proposals.

Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a Contract may be negotiated and awarded to that Offeror.

The County may cancel the Request for Proposals or reject any or all proposals at any time prior to an award.

The County is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous, in accordance with § 2.2-4359(D), Code of Virginia.

The award document will be a Contract incorporating by reference all requirements, terms, and conditions of the Request for Proposals and the Offeror's proposal, as negotiated.

http://www.eva.virginia.gov/

c. The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the County. The award or awards will be made to the lowest responsive, responsible bidder or bidders as applicable.

d. Any Offeror who desires to protest the award or decision to award a Contract shall submit the protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or announcement of the decision to award shall be given by the County in the manner prescribed in the terms and conditions of the Request for

Proposals.

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 written decision within ten (10) days stating the reasons for the action taken. The decision shall be final unless the Offeror appeals within ten (10) days of receipt of the written decision by invoking administrative procedures meeting the standards of § 2.2-4365, Code of Virginia, if available, or, in the alternative, by instituting legal action as provided in § 2.2-4364, Code of Virginia.

Nothing in this section shall be construed to permit an Offeror to challenge the validity of the terms or conditions of the Request for Proposals.

e. An award need not be delayed for the period allowed an Offeror to protest. However, in the event of a timely protest or the filing of a timely legal action, no further action to award the Contract shall be taken unless the

County makes a written determination that proceeding without delay is necessary to protect the public interest or unless the proposal would expire.

5. AVAILABILITY OF FUNDS: A contract shall be deemed in force only to the extent of availability of an annual appropriation by the County for the purchase of such goods and/or services. The County’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

6. 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.

7. COOPERATIVE PURCHASE: If authorized by the Bidder/Offeror, the contract resulting from this

Solicitation may be extended to other public bodies, public agencies or institutions within the United States to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The County is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating jurisdictions. It is the

Bidder/Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Bidder/Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the bid/proposal. Cooperative procurement shall not be extended to contracts for architectural or engineering services or construction, except as otherwise permitted by the Code of Virginia.

8. CHANGES TO THE CONTRACT: The County may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract. No modification to the provisions of https://www.scc.virginia.gov/ the contract shall be effective unless the modification is incorporated into the contract document.

9. RENEWALS: If additional terms are available, the County shall request to renew this Contractual Agreement in writing, no less than 90 days prior to the end of the initial term. Autorenewals or extending the term beyond the initial term without a written request shall not be permitted. Requests for price adjustments, in accordance with Item #10 below, must be submitted to the County 60 days prior to the end of the then current term.

10. PRICE ADJUSTMENTS: Increases to the agreed-upon fees and/or costs for services or goods during the initial term of the Contract shall be prohibited. Price increases for each renewal period shall not exceed the applicable change in either the Consumer Price Index (CPI) or the Producer Price Index (PPI), not seasonally adjusted, for the latest twelve (12) months, or five percent (5%) annually, whichever is less.

11. CONTRACTOR REGISTRATION: If a contract for the construction, removal, repair, or improvement of a building or other real property is $120,000 or more, or if the total value of all such contracts undertaken by the

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 as a Class A Contractor.

If a contract is $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by the Contractor within any 12-month period is $150,000 or more but less than $750,000, the Contractor is required to be licensed as a Class B Contractor.

If a contract is more than $1,000 but no more than $10,000, or if the total value of all such contracts undertaken by the Contractor within any 12-month period is no more than $150,000, the Contractor is required to be licensed as a Class C Contractor.

The Board shall require a master tradesman license as a condition of licensure for electrical, plumbing, and heating, ventilation, and air conditioning contractors.

The Contractor shall provide its Virginia contractor license number:

Licensed Class A Virginia Contractor No. _______________Specialty _______________

Licensed Class B Virginia Contractor No. _______________Specialty _______________

Licensed Class C Virginia Contractor No. _______________Specialty _______________

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 bid/proposal, quote, or statement of work, the Contractor shall not be considered.

12. INSURANCE: Whenever work is to be performed on County-owned or leased property or facilities, the

Contractor shall maintain insurance coverage appropriate to the scope of work and the nature of the services provided. Required coverage may include Workers’ Compensation, Employer’s Liability, Commercial General

Liability, Automobile Liability, and, when applicable, Professional Liability/Errors and Omissions insurance.

The County shall be added as an additional insured to the Commercial General Liability policy by endorsement whenever such coverage is required. Workers’ Compensation and Employer’s Liability insurance may not be required in certain circumstances, as outlined below.

Workers’ Compensation insurance is required when the Contractor has three (3) or more employees. If work is performed by a sole proprietor who has no employees, Workers’ Compensation insurance may not be required. Employer’s Liability insurance is required when the Contractor has employees who are paid a wage or salary. Employer’s Liability insurance may not be required for individuals operating a business together, such as spouses, siblings, or parents and children, when such individuals are considered owners rather than employees.

For construction contracts involving subcontractors, all subcontractors shall also be required to maintain

Workers’ Compensation insurance in accordance with Code of Virginia §§ 2.2-4332 and 65.2-800 et seq., as applicable.

All required insurance coverage shall be obtained prior to commencement of work and maintained throughout the entire term of the contract. At a minimum, the Contractor shall certify to the County that it possesses the insurance coverage appropriate to the scope of work. The County shall verify and document the Contractor’s insurance coverage in the procurement file. The Purchasing Manager requires a Certificate of Insurance to be furnished prior to commencement of work and at any time during contract performance.

MINIMUM INSURANCE COVERAGES AND LIMITS

Workers’ Compensation: Statutory requirements and benefits. Coverage is compulsory for employers of three

(3) or more employees, including the employer, in accordance with applicable provisions of the Code of

Virginia. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their Workers’ Compensation requirements during the course of the contract shall be in noncompliance with the contract.

Employer’s Liability: $100,000.

Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability shall include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The County shall be added as an additional insured to the policy by endorsement.

Automobile Liability: $1,000,000 combined single limit. Required only if a motor vehicle not owned by the

County is to be used in the performance of the contract. The Contractor shall ensure that the required coverage is maintained by the Contractor or the third-party owner of the motor vehicle.

Professional Liability/Errors and Omissions: When applicable to the scope of work, the Contractor shall maintain Professional Liability/Errors and Omissions insurance in the amount specified in the solicitation or contract.

13. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the

County, and County’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, County’s employees, agents, and volunteers, arising out of, or in…