COUNTY OF PRINCE EDWARD, VIRGINIA

Request for Proposals (RFP) #2026-10-09

Consulting Forester Services

Issue Date: October 9, 2026 Due Date: November 2, 2026 at 2:00 p.m.

Issuing Department Contacts:

County of Prince Edward, Virginia

Douglas P. Stanley, County Administrator – dstanley@co.prince-edward.va.us Sarah Elam Puckett, Assistant County Administrator – spuckett@co.prince-edward.va.us

111 N. South Street, 3rd Floor/P.O. Box 382 Farmville, VA 23901

TEL: 434-392-8837

➢ Proposals must be submitted electronically to: finance@co.prince-edward.va.us no later than 2:00 p.m. on Monday, November 2, 2026, and should include “Consulting Forester Services RFP #2026- 10-09” in the subject line.

➢ Offerors are responsible for ensuring that proposals are received by the County before the stated deadline.

Facsimiles will not be accepted.

➢ The complete RFP, including proposal requirements and evaluation criteria, is available at LINK:

(https://www.co.prince-edward.va.us/Government/Current-RFPs-Bids) under RFP #2026-10-09.

➢ The advertisement, this request for proposals, the awarded proposal, and the negotiated agreement will become part of the contract documents.

I. PURPOSE

A. The County of Prince Edward (County) and Industrial Development Authority of Prince Edward

County (IDA) own parcels of real property throughout the County. The County is soliciting proposals from qualified consulting foresters to provide forest management and timber sale services on an as-needed basis. Other public bodies may also use the resulting contract as provided in Section X, Cooperative Procurement. The successful firm or individual ("Consultant") shall provide all labor, equipment, transportation, services/materials required to complete the work.

B. The County intends to establish an on-call contract with one or more qualified consulting forestry firms or individual foresters.

C. Services will be authorized, as needed, through written Task Orders. Task Orders will be executed by the County Administrator or designee. Each Task Order shall identify the property, scope of services, compensation and applicable schedule.

D. The Consulting Forester services may include: timber inventory, harvest planning, timber appraisal, property boundary marking, timber marking, timber sales, harvest monitoring, reforestation planning, and other related forest management services, as required.

II. GENERAL INFORMATION

A. Prince Edward County is located in southern Virginia, 64 miles west of Richmond, 59 miles south of Charlottesville, and 48 miles east of Lynchburg. The County encompasses a land area of about 354 square miles.

B. All publicly-owned land subject to this RFP is located in Prince Edward County.

mailto:dstanley@co.prince-edward.va.us mailto:spuckett@co.prince-edward.va.us mailto:finance@co.prince-edward.va.us https://www.co.prince-edward.va.us/Government/Current-RFPs-Bids https://www.co.prince-edward.va.us/Government/Current-RFPs-Bids

III. SCOPE OF SERVICES

A. The Consultant selected by the County will perform some or all of the following services:

1. Timber Inventory, Cruise and Appraisal. Conduct timber inventories and cruises using accepted forestry standards; estimate merchantable timber volume by species, product class, and acreage; and prepare written appraisals of timber proposed for sale.

2. Harvest Planning and Timber Marking. Advise the County/IDA regarding appropriate harvesting methods, including selective cutting, thinning, group selection, and clear-cutting where appropriate. Mark and tally timber designated for removal and recommend harvest boundaries, access routes, timing, and other operational considerations. Final approval of any proposed harvest shall rest with the County/IDA.

3. Sale/Harvest Boundaries. Mark and clearly identify timber sale and harvest boundaries.

4. Forest Management and Reforestation. Prepare forest management recommendations or plans addressing reforestation, natural regeneration, wildlife habitat, long-term forest management objectives, and identification/protection of environmentally-sensitive resources.

5. Timber Sale Procurement. Prepare timber sale prospectuses, advertisements, bid forms, specifications, and other solicitation documents; assist the County/IDA in soliciting responsible timber purchasers; conduct pre-bid or pre-harvest site visits when requested; evaluate bids;

and provide a written recommendation regarding award. If a bid is accepted by the County/IDA, assist in preparing the technical terms and specifications for a timber sale contract with the successful purchaser.

6. Harvest Administration and Inspection. Monitor timber harvesting operations through periodic inspections; advise the County/IDA regarding compliance with the timber sale contract, applicable laws and regulations, and current Virginia forestry Best Management Practices for Water Quality; and conduct a final post-harvest inspection and written assessment.

7. GIS and Mapping. Prepare GIS-based maps, as appropriate, showing property and harvest boundaries, access routes, streamside management zones, environmentally or otherwise sensitive areas, and other relevant features.

8. Property and Resource Assessments. Assist with timber trespass investigations, boundary verification, and forest resource assessments as requested.

9. Performance Security. Recommend appropriate performance bonds, letters of credit, or other financial security for timber purchasers to protect the County/IDA against incomplete harvest operations, site stabilization deficiencies, BMP violations, or other contract defaults.

10. Environmental and Cultural Resources. Identify known or observed environmentally or culturally sensitive areas that may be affected by proposed forestry operations, including streams, wetlands, cemeteries, conservation easements, historic or archaeological resources, and known habitat for threatened or endangered species. The Consultant shall promptly notify the County/IDA of such resources and recommend appropriate protective measures. No harvesting shall occur within a protected area without County/IDA authorization and compliance with applicable law.

B. All services shall be performed competently, timely, independently, and in accordance with generally accepted forestry practices. Consultant shall disclose any existing or potential relationship with timber purchasers, logging contractors, sawmills, wood procurement entities or other parties involved in a County/IDA timber sale that creates or could reasonably appear to create a conflict of interest. Consultant shall not receive any fee, commission, referral payment or other compensation from any timber purchaser or other party to a County/IDA timber transaction, except compensation paid directly by the County/IDA under the resulting contract.

IV. MINIMUM QUALIFICATIONS

A. The Offeror shall:

1. Employ or be a qualified forester with at least five (5) years of professional consulting forestry experience.

2. Relevant professional certifications are preferred and should be identified:

• Society of American Foresters (SAF)

• Association of Consulting Foresters (ACF)

3. Demonstrate experience conducting timber sales and forest management projects within Virginia.

4. Maintain the insurance coverage as required by Appendix I throughout the term of the contract.

5. Maintain all licenses, certifications, and business registrations required by law.

V. PROPOSAL FORMAT

A. The County will follow the evaluation process and selection criteria described in this Request for Proposals. In order to provide each Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections, as the Offeror may deem appropriate. The following paragraphs provide guidelines to each Offeror for information to include in the proposal:

• Cover Letter - Provide a cover letter that confirms the Offeror's understanding of this Request for Proposal.

• Overview – The purpose of this section is to provide Prince Edward County with an overview of the history, qualifications and abilities of the Offeror’s firm and for the Offeror to demonstrate the specific qualifications of the staff the Offeror will assign, if selected. At a minimum, the proposal should:

a. Describe your experience as a professional forester. Include a discussion of current/former public/institutional clients. Provide references.

b. Outline of Scope of Services: Describe in detail how you would propose to accomplish the tasks outlined in the scope of services.

c. State availability: when your firm will be ready to start the anticipated work if selected as the successful offeror, and the anticipated and/or recommended timeline for completion.

d. Outline technical capabilities: GIS/Mapping

e. Offerors shall provide pricing using each of the following categories. Rates shall remain firm during the initial contract term. Alternative arrangements may also be proposed, but shall not replace required pricing information, as follows:

i. Timber Sale Commission: Percentage of gross timber sale proceeds.

ii. No-Sale Fee: Fixed fee applicable if the County/IDA elects not to award a timber sale after the Consultant completes the timber sale procurement process.

iii. Additional Services: Hourly rates by personnel classification for services not included in the timber sale commission.

iv. Reimbursable Expenses: Identify any reimbursable expenses and applicable rates or markups.

v. Alternative Pricing: Offerors may separately propose alternative fixed-fee or blended-fee arrangements for the County's consideration.

• Forms: All forms required to be submitted under this RFP must be included in the Proposal as an Appendix.

a. Certificate of No Collusion

b. Offeror Statement

c. Proof of Authority to Transact Business in Virginia

d. Vendor Data Sheet

B. The County is not responsible for failure to locate, consider and evaluate qualification factors presented outside this format.

VI. SUBMITTAL INSTRUCTIONS

A. All proposals shall be received by the County of Prince Edward by no later 2:00 p.m. EST, on

Monday, November 2, 2026. Electronic proposals must be received by the proposal deadline and should include “Consulting Forester Services RFP #2026-10-09” in the subject line. Offerors shall submit proposals electronically to: FINANCE@CO.PRINCE-EDWARD.VA.US B. An authorized representative of the Offeror shall sign proposals. All information requested shall be submitted. Failure to submit all required information may result in rejection of a proposal or may be considered in the evaluation.

C. All forms attached to this RFP must be fully completed, executed by the Offeror and returned as a part of Offer’s Proposal.

D. Offer shall be prepared simply and economically, providing a straightforward, concise description of offeror’s ability to satisfy the requirements of the RFP.

E. Proposals should be organized in the order in which the requirements are presented in the RFP.

All pages of the proposal should be numbered.

F. Cost will be considered in evaluating the Proposals but will not necessarily be the determining factor for contract award.

VII. EVALUATION CRITERIA

A. All Proposals received shall be evaluated based upon the evaluation criteria listed below.

Criteria Points

Qualifications and relevant forestry/timber sales experience.

Experience with local governments, public agencies, or institutional clients, and references/past performance

Qualifications and availability of assigned personnel. 15

Technical approach to timber sale/forest management. 20

GIS/Mapping/Reporting capabilities. 5

Fee proposal. 15

Total 100

B. The County may arrange for discussions with Offerors submitting Proposals for the purpose of obtaining additional information or clarification, if needed.

C. The Selection Committee may make such reasonable investigations as it deems proper and necessary to determine the ability of the Offeror to perform the work.

D. The County reserves the right to make such additional investigations as it may deem necessary to establish competency and financial stability of any Offeror. If, after the investigation, the evidence of competency and financial stability is not satisfactory, in the sole opinion of the County, the County reserves the right to reject the Proposal.

E. The County reserves the right to have any consultant(s) of its choosing serve on the evaluation committee or advise the evaluation committee with respect to responses to this RFP and information will be shared with any such consultant(s).

VIII. AWARD OF CONTRACT

A. The resulting contract shall have an initial term of one (1) year from the date of execution. The County may renew the contract up to two (2) additional one (1) year terms upon mutually agreeable terms and conditions.

mailto:FINANCE@CO.PRINCE-EDWARD.VA.US

B. The Offeror shall provide County/IDA with original documents, bound and suitable for distribution. In addition, all electronic copies of documents shall be provided in a format compatible with the Window’s Office Suite, including Adobe.

C. The County/IDA does not guarantee any minimum amount of work under a resulting contract.

D. This RFP is issued for the procurement of nonprofessional services through competitive negotiation pursuant to the Virginia Public Procurement Act, including Virginia Code § 2.2-4302.2. Proposals will be evaluated using the criteria stated in this RFP, including price. The County may conduct negotiations with one or more Offerors determined to be fully qualified and best suited based upon the stated evaluation criteria, The County may award a contract to the Offeror or Offerors whose proposal is determined to provide the best value to the County based upon the evaluation criteria stated in this RFP, following negotiations. The County reserves the right to reject any or all proposals, cancel this RFP, waive informalities as permitted by law, or make no award. The County's General Terms, Conditions, and Instructions to Bidders and Contractors are incorporated into this RFP as Appendix I.

IX. DELIVERABLES

All reports, maps, inventories, timber cruises, management plans, GIS files, appraisal data, photographs, and related materials prepared under this contract shall become the property of the County and/or IDA, upon payment for services rendered.

X. COOPERATIVE PROCUREMENT

Except as prohibited by the Code of Virginia, all resultant Contracts will be extended to other Public Bodies of the Commonwealth of Virginia, to permit their ordering of Goods, supplies and/or Services at the prices and terms of the resulting Contract (“cooperative procurement”). By submitting any Proposal or entering into any Contract with the County, an Offeror expressly authorizes cooperative procurement under Virginia Code § 2.2-4304 to the full extent permitted by law.

Any public body utilizing the resulting contract shall contract directly with the Contractor and shall be solely responsible for its purchases, Task Orders, payments, disputes, and other contractual obligations.

Prince Edward County shall have no responsibility or liability for any purchase, Task Order, contract, payment, dispute, or other obligation between the Contractor and another public body utilizing the resulting contract.

VENDOR DATA SHEET

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your proposal nonresponsive.

1. Qualifications: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

Name:

Mobile Phone:

Office Phone:

E-Mail:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Vendor Information: FIN or FEI Number:

If Company, Corporation, or Partnership

5. Provide four (4) current or recent accounts, either governmental or commercial, that your company is servicing, has serviced, or has provided similar services.

Company: Contact:

Phone: Email:

Dates of Service: $$ Value:

I certify the accuracy of this information.

Signed: Title:

Print: Date:

PLEASE RETURN THIS PAGE WITH SUBMISSION - (Attachment A)

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL. FAILURE TO INCLUDE THIS FORM MAY

RESULT IN REJECTION OF YOUR PROPOSAL.

Pursuant to Virginia Code §2.2-4311.2, an Offeror/Bidder organized or authorized to transact business in

The Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its proposal/bid the identification number issued to it by the State Corporation Commission (“SCC”). Any

Offeror/Bidder 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 of the Code of Virginia or as otherwise required by law shall include in its proposal/bid a statement describing why the Offeror/Bidder is not required to be so authorized. Any Offeror/Bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the County Administrator, as applicable. If this quote for goods or services is accepted by the County of Prince Edward, Virginia, the undersigned agrees that the requirements of the Code of Virginia Article IV.2-4311.2 have been met.

Please complete the following by checking the appropriate line that applies and providing the requested information. NOTE: The SCC number is NOT your federal ID number or business license number.

A. Offeror/Bidder is a Virginia business entity organized and authorized to transact business in

Virginia by the SCC and such vendor’s Identification Number issued to it by the SCC is

B. Offeror/Bidder is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such vendor’s Identification Number issued to it by the SCC is

C. Offeror/Bidder does not have an Identification Number issued to it by the SCC and such vendor is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

Please attach additional sheets if you need to explain why such Offeror/Bidder is not required to be authorized to transact business in Virginia.

Legal Name of Company (as listed on W-9)

Legal Name of Offeror/Bidder

Date

Authorized Signature

Print or Type Name and Title

PLEASE RETURN THIS PAGE WITH PROPOSAL SUBMISSION - (Attachment B)

CERTIFICATION OF NO COLLUSION

The undersigned, acting on behalf of , does hereby certify in connection with the procurement and proposal to which this Certification of No Collusion is attached that:

This proposal is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce: nor is this proposal the result of, or affected by, any act of fraud punishable under Article 1.1 of Chapter 12 of Title 18.2 Code of Virginia, 1950 as amended (§§18.2-498.1 et seq.)

Print Name Signature of Company Representative

Name of Company

Date

ACKNOWLEDGEMENT:

STATE OF VIRGINIA

PRINCE EDWARD COUNTY, to wit:

The foregoing Certification of No Collusion bearing the signature of and dated was subscribed and sworn to before the undersigned notary public by on .

Notary Public:

My commission expires:

CODE OF VIRGINIA § 18.2-498.4.

Duty to provide certified statement:

A. The Commonwealth, or any department or agency thereof, and any local government or any department or agency thereof, may require that any person seeking, offering or agreeing to transact business or commerce with it, or seeking, offering or agreeing to receive any portion of the public funds or moneys, submit a certification that the offer or agreement or any claim resulting thereon is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce, or any act of fraud punishable under this article.

B. Any person required to submit a certified statement as provided in paragraph A, above who knowingly makes a false statement shall be guilty of a Class 6 felony. (1980, c.472)

PLEASE RETURN THIS PAGE WITH PROPOSAL SUBMISSION - (Attachment C)

OFFEROR STATEMENT

Undersigned Offeror hereby certifies that he/she has carefully examined all conditions and specifications of this

Request For Proposals and hereby submits this proposal pursuant to such conditions, specifications and instructions.

Print Name & Title of Authorized Person

Signature of Authorized Person Submitting This Proposal

Date

PLEASE RETURN THIS PAGE WITH PROPOSAL SUBMISSION - (Attachment D)

App - 1 -

Appendix I

COUNTY OF PRINCE EDWARD, VIRGINIA

General Terms, Conditions and

Instructions To Bidders and Contractors

App - 2 -

GENERAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS AND

CONTRACTORS

These General Terms, Conditions and Instructions to Bidders and Contractors (hereinafter referred to as the “General Conditions” shall apply to all purchases and be incorporated into and be a part of each Solicitation (as defined below) and every Contract (as defined below) awarded by Prince

Edward County, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the “County”) unless otherwise specified by the County in writing. Bidders, Offerors and

Contractors, or their authorized representatives are expected to inform themselves fully as to these

General Conditions before submitting Bids or Proposals to and/or entering into any Contract with the

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

Subject to all Federal, State, and local laws, policies, regulations, rules, limitations, and legislation, including the County’s procurement Policies and Procedures, Bids, or Proposals on all

Solicitations issued by the County will bind Bidders or Offerors, as applicable, and Contracts will bind Contractors, to all applicable terms, conditions, instructions, rules and requirements herein set forth unless otherwise SPECIFICALLY set forth by the County in writing in the Solicitation or

Contract. All provisions of these General Conditions are material to any contract between the County and a Contractor.

INTRODUCTION

1. VIRGINIA PUBLIC PROCUREMENT ACT AND ETHICS IN PUBLIC

CONTRACTING: The Virginia Public Procurement Act of Virginia Code §2.2-4300 et seq.

(hereinafter the “VPPA”) is incorporated herein for reference. Nothing in these General

Conditions is intended to conflict with the VPPA and in case of any conflict, the VPPA controls. Specifically, the provisions of Article 6 of the VPPA (Virginia Code §2.2-4367 through 2.2-4377) relating to ethics in contracting, shall be applicable to all Solicitations and

Contracts solicited or entered into by the County. By submitting their Bids or signing any

Contract, all Bidders and Contractors certify that they have not violated any provisions of

Article 6 of the VPPA, including but not limited to, that their Bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements.

2. DEFINITIONS: The definitions of Virginia Code §2.2-4301, 2.2-4302.1 and 2.2-4302.2 are specifically incorporated herein by reference and as used in these General Conditions, whether capitalized or not, any of such defined terms have the same meaning as such terms have under VPPA: such defined terms include: “Affiliate”, “Best Value”, “Business”, “Competitive Negotiation”, “Competitive Sealed Bidding”, “Construction”, “Construction

Management Contract”, “Design-Build Contract”, “Employment Services Organization”, “Goods”, “Informality”, “Job Order Contracting”, “Mulitphase Professional Services

Contract”, “Nonprofessional Services”, “Potential Bidder or Offeror”, “Professional

Services”, “Public Body”, “Public Contract”, “Responsible Bidder or Offeror”, “Responsive

Bidder”, “Reverse Auctioning” and Services”. Additionally, as used in these General

Conditions, the following terms, whether capitalized or not, have the following meanings:

App - 3 -

a. Bid/Proposal: The offer of a Bidder or Offeror to provide specific Goods or Services at specified prices and/or other conditions specified in the Solicitation. The term “Bid” is used throughout these General Conditions and where appropriate includes the term

“Proposal” or any modifications or amendments to any Bid or Proposal.

b. Bidder/Offeror/Vendor: Any individual(s), company, firm, corporation, partnership, or other organization bidding or offering on any Solicitation issued by the County and/or offering to enter into Contracts with the County. The term “Bidder” is used throughout these General Conditions and where appropriate, includes the terms

“Offeror” and/or “Vendor”.

c. Contract: Any contract to which the County will be a party.

d. Contractor: Any individual(s), company, firm, corporation, partnership, or other organization to whom an award is made by the County or whom enters into any contract to which the County is a party.

e. County: The County of Prince Edward, a political subdivision of the Commonwealth of Virginia, including where applicable all agencies and departments of the County.

f. County Administrator: The Prince Edward County Administrator.

g. County Attorney: The Prince Edward County Attorney.

h. Purchasing Agent: The County Administrator is the County’s Purchasing Agent and is responsible for the purchasing activity of Prince Edward County; and has signatory authority to bind the County to all contracts and purchases made lawfully under the

Prince Edward County Small Purchasing Procedures. The Purchasing Agent has signatory authority to bind the County to all other contracts and purchases only after the contracts or purchases have been approved by vote of the Prince Edward County

Board of Supervisors, as required.

i. General Terms, Conditions and Instructions to Bidders and Contractors (also referred to herein as the “General Conditions”: These General Terms, Conditions and

Instructions to Bidders and Contractors shall be attached to and made a part of all

Solicitations by the County and all Contracts to which the County is party.

j. His: Any references to “his” shall include his, her, their, or its appropriate.

k. Invitation to Bid (also referred to herein as an “IFB”): A request which is made to prospective Bidders for their quotation on Goods or Services desired by the County.

The issuance of an IFB will contain or incorporate by reference the General

Conditions and the other specifications and contractual terms and conditions applicable to the procurement.

l. Purchasing Officer: The Purchasing Officer employed by the County and to whom

Bidders/Contractors can submit questions relating to any Bid or Contract.

App - 4 -

m. Request for Proposal (also referred to herein as a “RFP”: A request for an offer from prospective Offerors which shall indicate the general terms which are sought to be procured from Offerors. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference the General Conditions and other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the Contractor.

n. Purchasing Procedures: The County’s Small Purchasing Procedures are a method of purchasing not requiring competitive sealed bids or competitive negotiation for single or term contracts for goods and services other than professional services if the aggregate or sum of all phases is not expected to exceed $50,000; and also allowing for single or term contracts for professional services without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed

$50,000.

o. Solicitation: The process of notifying prospective Bidders or Offerors that the County wishes to receive Bids or Proposals on a set of requirements to provide Goods or

Services. “Solicitation” includes any notification of the County requirements and may consist of public advertising (newspaper, County’s website, or other electronic notification), the mailing of notices of Solicitation, any Invitation for Quotes (“IFQ”), Initiations to Bid (“IFB”), or Requests for Proposals (“RFP”), the public posting of notices, issuance of an Open Market Procurement (“OMP”), or telephone calls to prospective Bidders or Offerors.

p. State: The Commonwealth of Virginia.

3. AUTHORITY: The Purchasing Agent shall serve as the principal public purchasing official for the County, and shall be responsible for the procurement of goods, services, insurance and construction in accordance with the County’s Purchasing Procedures. The Purchasing Agent has responsibility and authority for negotiating, placing, and when necessary, modifying every

Solicitation, Contract and purchase order issued by the County under the County’s Small

Purchasing Procedures. The Purchasing Agent has signatory authority to bind the County to all contracts and purchases made lawfully under the County’s Purchasing Procedures. The

Purchasing Agent has responsibility and authority for negotiating, placing and when necessary, modifying every other Solicitation, Contract and purchase order issued by the

County, except that the Purchasing Agent has signatory authority to bind the County to all other contracts and purchases, ONLY after the contracts or purchases have been adopted and approved by vote of the Prince Edward County Board of Supervisors (the “Board”).

Unless specifically delegated by the Board or the Purchasing Agent, and consistent with the limited authority granted thereto, 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

County for any indebtedness. Any purchase or contract made which is contrary to such authority shall be of no effect and void and the County shall not be bound thereby.

For convenience, the County’s Purchasing Officer shall serve as an intermediary between the

Purchasing Agent and the Bidder or Contractor and any Bidder or Contractor may direct communications regarding any purchase, Solicitation or Contract to the Purchasing Officer, App - 5 -however, as stated supra only the Board or County’s Purchasing Agent can bind the County and only upon the conditions stated supra.

CONDITIONS OF BINDING

4. COMPETITION INTENDED: It is the County’s intent to encourage and permit open and competitive bidding in all Solicitations. It shall be the Bidder’s responsibility to advise the

County in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in a

Solicitation to a single source. The County must receive such notification not later than seven (7) business days prior to the deadline set for acceptance of the Bids. In submitting a

Bid, the Bidder guarantees that he or she has not been a party with other Bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render the Bid of any Bidder involved void.

5. DISCRIMINATION PROHIBITED: Pursuant to Virginia Code §2.2-4310, the County does not discriminate against Bidders, Offerors, or Contractors because of race, religion, color, sex, national origin, age, disability, status as a service-disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. Whenever

Solicitations are made, the County shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity. Pursuant to Virginia

Code §2.2-4343.1, the County does not discriminate against “faith-based organizations”, being a religious organization that is or applies to be a contractor to provide goods or services for programs funded by the block grant provided pursuant to the Personal

Responsibility and Work Reconciliation Act of 1996, P.L. 103-193.

6. CLARIFICATION OF TERMS: Pursuant to Virginia Code §2.2-4316, if any Bidder has questions or comments about the specifications or other Solicitation documents, the prospective Bidder should contact the County no later than seven (7) business days prior to the date set for the opening of Bids or receipt of Proposals. Any revisions to the Solicitation will be made only by written addendum issued by the County. Notifications regarding specifications may not be considered if received in less than seven (7) business days of the date set for opening of Bids/receipt of Proposals.

7. MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Unless otherwise specified in the Solicitation, all Bids must be submitted on the forms provided by the County, including, but not limited to, a Cover Sheet or Pricing Schedule, if applicable, properly signed in ink in the proper spaces and submitted in a sealed envelope or package.

Unauthorized modification of or additions to any portion of the Solicitation may be cause for rejection of the Bid. However, the County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject any Bid or Proposal which has been modified.

These General Conditions are mandatory provisions of all Solicitations or Contracts of the

County.

8. LATE BIDS AND MODIFICATION OF BIDS: Any Bid or modification thereto received at the office designated in the Solicitation after the exact time specified for receipt of the Bid is considered a late Bid or modification thereof. The County is not responsible for delays in the delivery of the mail by the US Postal Service, private carriers, or the inter-office mail

App - 6 -system. It is the sole responsibility of the Bidder to ensure their Bid reaches the County by the designated date and hour. The following rules apply to all Bids submitted to the County:

a. The official time used in the receipt of the Bids/Proposals is that time on the computer in the County Administrator’s office;

b. Late bids or modifications thereof will be returned to the Bidder UNOPENED, if

Solicitations number, due date, and Bidders return address is shown on the container;

c. If a bid is submitted on time, however, a modification thereto is submitted after the due date and time, then the County in its sole discretion may choose to consider the original

Bid except that the County may not consider such an original Bid if the Bid is withdrawn by the Bidder pursuant to Section 9 below, and;

d. If an emergency or unanticipated event or closing interrupts or suspends the County’s normal business operations so that Bids cannot be received by the exact time specified in the Solicitation, then the due date/time specified for receipt of Bids will be deemed to be extended to the same day specified in the Solicitation on the first work day on which normal County business operations resume.

9. WITHDRAWL OF BIDS:

a. Pursuant to Virginia Code §2.2-4330, a Bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his Bid from consideration if the price bid was substantially lower than the other Bids due solely to a mistake in the Bid, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgement mistake and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, material made directly in the compilation of a Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn.

If a Bid contains both clerical and judgement mistakes, a Bidder may withdraw his Bid from consideration if the price bid would have been substantially lower than the other

Bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in compilation of a Bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the

Bid sought to be withdrawn. The Bidder shall give notice in writing to the County of his or her claim of right to withdraw his or her Bid within two (2) business days after the conclusion of the Bid opening procedure and shall submit original work papers with such notice.

b. A Bidder for a Contract other than for public construction may request withdrawal of his or her Bid under the following circumstances:

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i. Bids may be withdrawn on written request from the Bidder received at the address shown in the Solicitation prior to the time of opening.

ii. Requests for withdrawal of Bids after opening of such Bids, but prior to award shall be transmitted to the County, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, Bidder work sheets, etc. If Bid bonds were tendered with the

Bid, the County may exercise its right of collection.

c. No Bid may be withdrawn under this Section 9 when the result would be the awarding of the Contract on another Bid of the same Bidder or of another Bidder in which the ownership of the withdrawing Bidder is more than five percent (5%).

d. If a Bid is withdrawn under the authority of this Section 9, the lowest remaining Bid shall be deemed to be the low Bid.

e. No Bidder, who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded, or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn Bid was submitted.

f. The County shall notify the Bidder in writing within five (5) business days of its decision regarding the Bidder’s request to withdraw its Bid. If the County denies the withdrawal of a Bid under the provisions of this Section 9, it shall state in such notice the reasons for its decision and award the Contract to such Bidder at the Bid price, provided such Bidder is a responsible and responsive Bidder. At the same time that the notice is provided, the

County shall return all work papers and copies thereof that have been submitted by the

Bidder.

g. Under these procedures, a mistake shall be proved only from the original work papers, documents and materials delivered as required herein. The work papers, documents and materials submitted by the bidder shall, at the bidder’s request be considered trade secrets or proprietary information subject to the conditions of subsection F of Virginia Code §2.2-

4342.

10. ERRORS IN BIDS: When an error is made in extending total prices, the unit Bid price will govern. Erasures in Bids must be initialed by the Bidder. Carelessness in quoting prices, or otherwise in preparation in the Bid, will not relieve the Bidder. Bidders/Offerors are cautioned to recheck their Bids for possible errors. Errors discovered after public opening cannot be corrected and the Bidder will be required to perform if his or her Bid is accepted.

11. IDENTIFICATION ON BID ENVELOPE: All Bids, Proposals and requested copies thereof submitted to the County shall be in a separate envelope or package, sealed and identified with the following information clearly marked on the outside of the envelope or package:

a. Addressed as indicated on page 1 of the solicitation;

b. Solicitation number;

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c. Title;

d. Bid due date and time;

e. Bidder’s name and complete mailing address (return address); and

f. Pursuant to Virginia Code §2.2-4311.2, the Bidder’s identification number issued by the

State Corporation Commission, or if the bidder is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bids or proposal a statement describing why the Bidder or Offeror is not required to be so authorized.

If a Bid is not addressed with the information shown above, the Bidder takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the Bid to be disqualified. Bids may be hand delivered to the designated location in the County’s offices. No other correspondence or other Proposals/Bids should be placed in the envelope. Any Bidder or

Offeror that fails to provide the information required in (f) above shall not receive an award unless a waiver is specifically granted by the County Administrator.

12. ACCEPTANCE OF BIDS: Unless otherwise specified, all formal Bids or Proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for opening or receipt, respectively, unless extended by mutual agreement of the parties. At the end of the one hundred twenty (120) calendar days, the Bid/Proposal may be withdrawn at the written request of the Bidder. Thereafter, unless and until the Proposal is withdrawn, it remains in affect until an award is made or the Solicitation is cancelled by the

County. The County may cancel any Solicitation at any time by notice of such cancellation to the Bidders.

13. COMPLETENESS: To be responsive, a Bid must include all information required by the

Solicitation.

14. CONDITIONAL BIDS: Conditional Bids are subject to rejection in whole or in part.

15. RESPONSE TO SOLICITATIONS: In the event a Bidder cannot submit a Bid on a

Solicitation, the Bidder is requested to return the Solicitation cover sheet with an explanation as to why the Bidder is unable to Bid on these requirements, or if there be no cover sheet for the

Solicitation, a letter to the County explaining the same.

16. BIDDER INTERESTED IN MORE THAN ONE BID AND COLLUSION: More than one bid from an individual, firm, partnership, corporation, or association under the same or different name will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for the work contemplated will cause rejection of all bids in which the bidder is interested. Any or all bids may be rejected if there is any reason for believing that collusion exists among the bidders. Participants in such collusion may not be considered in future bids for the same work. Each bidder, as a condition of submitting a bid, shall certify that he is not a party to any collusive action as herein defined. However, a party who has quoted prices on work, materials, or supplies to a Bidder is not thereby disqualified from quoting prices to other

Bidders or firms submitting a Bid directly for the work, materials or supplies.

17. BID OPENING: Pursuant to Virginia Code §2.2-4301, all Bids received in response to an IFB will be opened at the date, time and place specified, and announced publicly, and made available for inspection as provided in Section 21 of these General Conditions. Proposals

App - 9 -received in response to an RFP will be made available for inspection as provided in Section 21 of these General Conditions.

18. TAX EXEMPTION: The County is exempt from the payment of any federal excise or any

Virginia Sales Tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Bidder.

19. DEBARMENT STATUS: By submitting their Bids, Bidders certify that they are not currently debarred from submitting Bids on Contracts by the County, nor are they an agent of any person or entity that is currently debarred from submitting Bids or Proposals on Contracts by the

County or any agency, public entity/locality, or authority of the State.

20. NO CONTACT POLICY: No Bidder shall initiate or otherwise have contact related to the

Solicitation with any County representative or employee, or than the Purchasing Officer, after the date and time established for receipt of Bids. Any contact initiated by a Bidder with any

County representative, other than the Purchasing Officer concerning this Solicitation is prohibited and may cause the disqualification of the Bidder.

21. VIRGINIA FREEDOM OF INFORMATION ACT: As provided under Virginia Code §2.2-

4342, all proceedings, records, Contracts and other public records relating to procurement transactions shall be open to the inspection by any citizen, or any interested person, firm or corporation, in accordance with the Virgina Freedom of Information Act of Virginia Code, §32.23-3700 et seq., except:

a. Cost estimates relating to a proposed procurement transaction prepared by or for the County shall not be open to public inspection;

b. Any competitive sealing bidding Bidder, upon request, shall be afforded the opportunity to inspect Bid records within a reasonable time after the opening of Bids, but prior to the award, except in the event that the County decides not to accept any of the Bids and to reopen the

Contract. Otherwise, Bid records shall be open to public inspection only after award of the

Contract;

c. Any competitive negotiation 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 the County 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;

d. Any inspection of procurement transaction records under this Section 21 shall be subject to reasonable restrictions to ensure the security and integrity of the records;

e. Trade secrets or proprietary information submitted by a Bidder, Offeror, or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the

Virginia Freedom of Information Act however, the Bidder, Offeror, or Contractor must invoke the protections of this Section 21 prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary; and

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f. Nothing contained in this Section 21 shall be construed to require the County, when procuring by “competitive negotiation” (RFP), to furnish a Statement of reasons why a particular Proposal was not deemed to be the most advantageous to the County.

22. CONLICT of INTEREST: Bidder/Contractor certifies by signing any Bid/Contract to/with the County that no conflict of interest exists between Bidder/Contractor and the County that interferes with fair competition, and no conflict of interest exists between Bidder/Contractor and any other person or organization that constitutes a conflict of interest with respect to the

Bid/Contract with the County.

SPECIFICATIONS

23. OMISSIONS OR DISCREPANCIES: Any items or parts of any equipment listed in the

Solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered part of such equipment although not directly specified or called for in the specifications. Should a Bidder find a discrepancy or ambiguity in, or an omission from, the

Solicitation, including the drawings and/or specifications, he or she shall so notify the County within twenty-four (24) hours of noting the discrepancy, ambiguity, or omission and in any event no less than five (5) days prior to the date set for the opening of Bids. If necessary, the

County will send a written addendum for clarification to all Bidders no later than three (3) days before the date set for opening of the Bids. Any notification regarding specifications received less than five (5) days prior to the date set for the opening of Bids may or may not be considered by the County in its sole discretion. The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to be the minimum requirements of these specifications.

24. BRAND NAME OR EQUAL ITEMS: Pursuant to Virginia Code §2.2-4315, unless otherwise provided in the Solicitation, the name of a certain brand, make, or manufacturer does not restrict

Bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the County in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the Solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding, only the information furnished with the Bid will be considered for evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring a Bid non-responsive. Unless the Bidder clearly indicates in its Bid that the product offered is an “equal” product, such a Bid will be considered to offer the brand name product referenced in the

Solicitation.

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25. FORMAL SPECIFICATIONS: When a Solicitation contains a specification which states no substitutes, no deviation from therefrom will be permitted and the Bidder will be…