878_24 Fencing.pdf

RIVERSIDE REGIONAL JAIL AUTHORITY (RRJA)

500 FOLAR Trail

North Prince George, VA 23860

Purchasing Department

(804) 524-6600 ext. 6030

REQUEST FOR PROPOSAL

SEALED

Issue Date: March 1, 2024 RFP #878-24

Title: Perimeter Security Fence Detection System

Riverside Regional Jail Authority solicits interested Offerors to submit proposals to provide a Perimeter Security Fence Detection System for Riverside Regional Jail Authority.

Closing Date and Time: April 1, 2024 10:00:00 AM

Issuing Authority: Riverside Regional Jail Authority

Purchasing Department, Attention Trinika A. Lewis-Jones

500 FOLAR Trail

North Prince George, VA 23860

Period of Contract: Completion of Project with five (5) one year maintenance renewal options

Receipt of Proposals: Sealed proposals will be received until April 1, 2024, 10:00:00 AM, for furnishing the goods/services described herein. Please submit one USB of, one original, four (4) copies and one redacted copy of your proposal, marked RFP #878-24, Perimeter Security Fence Detection System for

RRJA:

Mandatory Pre-Proposal Conference: March 11, 2024 10:00 A.M.

If proposals are mailed or Hand Carried send directly to issuing authority above. Proposals will not be accepted via Fax machine.

RRJA has determined to issue a Request for Proposals for a Perimeter Security Fence Detection

System opposed to an Invitation to Bid due to the fact that the Authority felt that it was not practicable or fiscally advantageous to the Authority to issue an Invitation to Bid, both due to the fact that this is a services contract, and therefore the quality of the services is the most important factor, and the fact that the proposers may propose different ways to provide the services requested.

Information: All inquiries should be directed to Trinika Lewis Jones, Purchasing Manager (804)

524-6600 ext. 6030 or tjones@rrjva.org.

RFP #878-24

RIVERSIDE REGIONAL JAIL AUTHOURITY

Perimeter Security Fence Detection System

TABLE OF CONTENTS PAGE

RFP REQUIREMENTS AND INFORMATION 3-6

GENERAL INFORMATION 6

PROPOSAL FORMAT 6-9

OFFEROR PARTICIPANT CONSIDERATION 10

GENERAL TERMS AND CONDITIONS 11

SPECIAL TERMS AND CONDITIONS 19

PROPOSAL SIGNATURE SHEET 25

VENDOR DATA SHEET 26

1. RFP REQUIREMENTS AND INFORMATION

PROPOSALS MUST MEET THE FOLLOWING REQUIREMENTS TO BE CONSIDERED

VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE

REQUIREMENTS.

Proposals must be received in the Office of the Purchasing Manager, Riverside Regional Jail

Authority, 500 FOLAR Trail, North Prince George Virginia 23860 by the date and time of proposal closing indicated above. NO late proposals will be accepted. NO faxed proposals will be accepted.

Proposals must meet all specifications, terms and conditions of this Request for Proposal (RFP).

Proposers need to submit their Federal Identification Number in the proposal, as well as the identification number issued to you by the Virginia State Corporation Commission, or a statement as to why such number is not required.

The proposer’s proposal MUST be manually signed in ink and returned by the proposal closing date and time along with any other requirements as specified in the RFP in order to be considered for an award.

Proposals must be in a sealed envelope and marked “RFP #878-24, “Perimeter Security Fence

Detection System for RRJA”

A proposal may not be altered after opening. The proposal must stay in effect for one hundred twenty (120) days after the closing.

The contractor will be responsible for all requirements and successful performance of this contract.

1.1 PURPOSE

RRJA is hereby soliciting sealed proposals from qualified firms to provide specific products and services described for a Perimeter Security Fence Detection System for Riverside Regional

Jail Authority, (RRJA) located at 500 FOLAR Trail, North Prince George, VA 23860.

1.2 BACKGROUND

Riverside Regional Jail Authority is a direct supervision jail made up of seven localities; the counties of Charles City, Chesterfield, Prince George, and Surry and the cities of Colonial

Heights, Hopewell, and Petersburg. The Riverside Regional Jail Authority consists of a Pre-

Release/Work-Release Center and a Main Jail. The Pre-Release/Work-Release facility can house approximately 60 inmates and could be expanded to house approximately 240 inmates.

The Main Jail houses up to 1000 inmates and could be expanded to house approximately 1,368 inmates.

1.3 SCOPE OF WORK

Provide and install perimeter detection system on approximately 4,500ft length of fence at 10ft tall including eight swing gates, and one electronic controlled slide gate. This detection system needs to communicate to a central control area, and notify them any intruders, whether it be cutting, climbing, or breaching in any way. The system should have outside audible alarm and additional lighting.

The Contractor shall provide appropriate controls, wiring, power, data cables, monitoring, and mounting hardware. Run necessary electrical conduit, wiring, and provide necessary power to the fencing system. Provide support and service after the system is installed, to include spare parts, and site training.

1.4 OFFERORS REQUIREMENTS

Offeror shall provide and maintain Virginia DCJS Private Security Services registration credentials and product manufacturer’s authorization to perform installation and warranty support.

1.5 INQURIES

Any explanation desired by a proposer regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing no later than 10:00 a.m., EST, March 18, 2024 to the RRJA Purchasing Manager listed below and clearly marked “Questions for

Perimeter Security Fence Detection System For RRJA”. Questions may be sent via email to:

Trinika Lewis Jones,Purchasing Manager

500 FOLAR Trail, North Prince George, VA 23860 tjones@rrjva.org

Revisions to this RFP or answers to questions concerning this RFP will be issued as addendum.

RFP addendum will be distributed to all contractors who were sent this RFP and posted on

Virginia Business Opportunities’ and RRJA web sites as well as . Any addendum shall become part of this RFP and part of any contract resulting from this RFP.

1.6 CONTRACT PERIOD

This contract shall commence upon execution and continue through solution acceptance by

RRJA. The contract for system maintenance services shall be in effect for years two through five. At the end of this or any future contract term, RRJA reserves the right to extend this contract for a period of up to sixty (120) days, for the purpose of establishing a new system maintenance contract.

Maintenance specified in the resultant contract may be renewed by the mutual written agreement of both parties for an additional five (5) one-year terms, under the terms and conditions of the original contract except as noted herein. Price changes may be negotiated at time of renewal, however, in no case shall the maintenance costs for succeeding one-year period exceed the prior year’s contract price, increased by more than the percentage increase in the category of the CPI-W section of the US bureau of Labor Statistics Consumer Price Index, for the latest twelve months for which statistics are available, or 2%, whichever is less. For additional information on contract period terms please refer to page 29 Section 8.29. If delays in the proposal process result in an adjustment of the anticipated contract starting date, the contractor agrees to accept a contract for the full term of the contract.

mailto:tjones@rrjva.org

1.7 CONTRACT ADMINISTRATION

RRJA will administer the contract. The successful contractor will be required to bill RRJA directly. Any problems with delivery, payment, credit, etc. will be handled directly by RRJA.

1.8 COMMUNICATION WITH STAFF

From the date the RFP is issued until an Offeror has been selected and officially announced, all communication regarding this RFP by potential Offerors and employees of RRJA shall be in writing and addressed to the Purchasing Office.

Once a contractor is preliminarily selected, that contractor is restricted from communicating with RRJA staff until a contract is signed. Violation of this condition may be considered sufficient cause to reject a contractor’s proposal and/or selection irrespective of any other condition.

The following exceptions to these restrictions are permitted:

Written communication with the person(s) designated as the point(s) of contact for this

RFP or procurement;

Contacts made pursuant to any pre-existing contracts or obligations;

RRJA staff and/or contractor staff present at the Pre-Proposal Conference when recognized by RRJA staff facilitating the meeting for the purpose of addressing questions

RRJA-requested presentations, key personnel interviews, and

Clarification sessions or discussions to finalize a contract.

1.9 PRIME CONTRACTOR RESPONSIBILITIES

The contractor will be required to assume responsibility for all contractual services offered in this proposal whether or not the contractor performs them. Further, RRJA will consider the contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated contract. If any part of the work is to be subcontracted, responses to this proposal shall include a list of subcontractors, including business name and address, telephone number, contact person and complete description of work to be subcontracted. RRJA reserves the right to approve or disapprove subcontractors at the time of award and throughout the contract period and to require the contractor to replace subcontracts found to be unacceptable.

1.10 REJECTIONS OF PROPOSALS

RRJA reserves the right to reject any or all proposals, wholly or in part. RRJA reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal and do not improve the proposer’s competitive position. All awards will be made in a manner deemed in the best interest of RRJA.

1.11 SCHEDULE

ACTIVITY DATE/TIME

Release date for Request for Proposal March 1, 2024

Mandatory Pre Proposal Conference March 11, 2024 10:00am EST

Last day to submit written questions 10:00 a.m., EST, March 18, 2024

RRJA responds to written questions through RFP

Addendum to be sent to all prospective proposers.

March 18, 2024

Proposal Due Date 10:00 a.m., EST, April 1, 2024

Estimated date of interviews with top 2 Offerors 10:00 a.m., EST, April 10, 2024

Contract start date May 1, 2024

2 GENERAL INFORMATION

This request for proposal is designed to solicit proposals from qualified firms for providing materials and professional services to implement a Perimeter Security Fence Detection System for

RRJA, located at 500 FOLAR Trail, North Prince George, VA 23860.

Firms responding to this RFP must have a proven and verifiable record of providing professional services to implement a Perimeter Security Fence Detection System with a comparable size agency and scope of operations.

Proposals shall conform to all instructions, conditions, and requirements included in the RFP.

Contractors are expected to carefully examine all documentation, schedules and requirements stipulated in this RFP, and respond to each requirement in the format prescribed. Proposals that do not conform to the mandatory items as provided in the proposal instructions will not be considered.

A contract will be awarded to a single contractor as a result of this proposal.

In addition to the provisions of this RFP and the awarded proposal, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the contract.

This RFP does not commit RRJA to award a contract. RRJA reserves the right to reject all proposals, and at its discretion, may withdraw or amend this RFP at any time. If, in the opinion of

RRJA, revisions or amendments will require substantive changes in proposals, the due date may be extended.

3 PROPOSAL FORMAT

Proposals shall be in the format described below and must include the following:

3.1 Section One - General Information about the Contractor

Provide general information about the company including background, experience, organizational structure, general product descriptions, etc. At a minimum, Section One shall include:

3.1.1 Letter of Transmittal

Prepare a brief letter which provides the following information:

Name and address of the Offeror

Name, title and telephone number of the contact person for the Offeror.

A statement that the proposal is in response to the Perimeter Security Fence

Detection System RFP.

A statement acknowledging and accepting the terms and conditions of this

Perimeter Security Fence Detection System RFP.

The signature, typed name, and title of an individual who is authorized to commit the Offeror to this proposal. The contents of the successful proposal shall become a contractual obligation if a contract ensues.

3.1.2 Executive Summary

Highlight the contents of the technical proposal and provide evaluators with a broad understanding of the Offeror’s technical approach and the Offeror’s ability to fulfill all requirements and comply with the terms and conditions of the RFP and ensuing contract.

3.1.3 Offeror’s Organization and Staffing

This section shall include identification of the staff members of the project team, their duties and responsibilities and their background and experience.

3.1.4 Documented Experience

The Offeror must describe the Offeror’s background and experience to demonstrate the

Offeror’s ability to install and maintain a Perimeter Security Fence Detection System as described in this RFP.

3.2 Section Two - Current and Previous Contracts

Provide information about the company’s current and previous contracts or business, legal actions against the company, and audited financial statements. As a minimum, Section Two shall include:

3.2.1 Current Contracts or Business

List facility name, city, and state where Offeror is providing Perimeter Security Fence

Detection System and the length of time that each contract has been in effect. This information must be submitted on the Vendor Data Sheet.

3.2.2 Previous Contracts or Business

List facility name, city, and state where Offeror has terminated Perimeter Security Fence

Detection System, or been out-bid in the past 24 months. For each contract specify the contract start date and reason for termination.

3.2.3 Legal Action

Include disclosure of any legal action pending or settled against the company or corporate principals within the company within the past 48 months.

3.2.4 Audited Financial Statements

Provide audited financial statements for the most recent fiscal year and previous year to support the Offeror’s financial capability to undertake and complete the performance of the contract. If the company is a subsidiary or division of a corporation, the relationship of the Offeror must be clearly delineated in the proposal.

3.3 Section Three - Offeror’s Work Plan

Describe in detail the Offeror’s work plan and proposal for satisfying all RFP requirements. At a minimum, Section Three shall include:

3.3.1 Offeror’s Work Plan

Describe in detail:

Actions the Offeror will take to start up and provide a Perimeter Security Fence

Detection System for RRJA. The work plan shall include a detailed project schedule identifying all tasks to be accomplished, the Offeror’s approach to task accomplishment, and a timeline for completion of tasks and implementation of

Perimeter Security Fence Detection System.

This section shall describe a pre- and post- implementation support plan that describes the approach that will be taken to support the facility during the implementation and transition to the new Perimeter Security Fence Detection

System

This section shall describe the development, the provision of and management of a detailed training plan.

This section shall describe the development and the provision of documentation that describe the features and functions of the proposed Perimeter Security Fence

Detection System.

3.4 Section Four - Offeror’s Pricing

The Offeror’s price proposal shall be provided in this section of the proposal. Prices should be expressed in terms of dollars and cents, at which the Contractor agrees to, sell the items to RRJA.

The price proposal shall include:

3.4.1. Cost of materials and labor to complete all items included in the scope of work.

3.4.2. Cost of supplies, maintenance, training and parts to complete all items included in the scope of work.

3.4.3. Any additional charges must be detailed

3.5 Section Five - Exceptions and Deviations

Provide a statement expressing the Contractor’s understanding and willingness to comply with all provisions of the RFP. If there are provisions of the RFP that the Contractor is unwilling or unable to comply with, the Contractor shall identify the paragraph number, list the provision in its entirety and provide the reason for non compliance. If there are provisions of the RFP that the Contractor would like to propose an alternative solution, the Contractor shall identify the paragraph number, list the provision in its entirety and provide the alternative solution.

3.6 Evaluation and Selection

Evaluation and selection of an Offeror will be based on the information submitted in the proposals plus any required oral presentations and demonstrations. Offerors may not submit alternate Proposals for evaluation. There may be further information required for clarification purposes after the proposals are submitted. RRJA will conduct a fair, impartial and comprehensive evaluation of all proposals in accordance with the criteria set forth below.

Criteria Value Maximum Point Allowance

Experience and Qualifications: 20

Executive summary, company overview and qualifications, financial statement, contract performance, company references.

Management, Methodology and Approach: 20

Project organization, staff reference, management approach

Functional Requirements: 40

The Offeror proposal satisfies the request by this RFP and

Clearly demonstrated an understanding of the work to be performed as specified In the scope of work.

Cost of Services: 20

Cost summary, including, materials, supplies, training, maintenance

Parts and labor.

Total 100

A committee designated by RRJA will evaluate all proposals submitted in response to this RFP to develop a short list of those Offeror’s to be considered for interviews and or potential negotiations. Evaluation and selection of an Offeror will be based on the information submitted in the proposals. There may be further information required for clarification purposes after the proposals are submitted. Individual criteria may, in all probability, be assigned varying weights at the Authorities discretion to reflect relative importance.

RRJA reserves the right to accept or reject any or all proposals, or any part of any proposal, and to waive any defect or technicality, and to advertise for new proposals where the acceptance, rejection, waiver or advertisement would be in the best interest of RRJA. RRJA also reserves the right to award in whole or in part, by item, group of items, or by section where such action serves RRJA’s best interest. Proposal award will be based on compliance with mandatory items and evaluation of desirable items indicated throughout this specification. Complete and accurate responses to all items are necessary for fair evaluation of proposals.

3.7 Delivery

Proposers ability to meet delivery requirements and other criteria as it pertains to the specific

RFP. RRJA will consider any other factors that are in RRJA’s best interest.

4 OFFEROR PARTICIPANT CONSIDERATIONS

4.1 Contractor Qualifications

To qualify for this contract, the Contractor should:

Demonstrate the Contractor understands of the scope of work and the quality and clarity of the Offeror’s written methodology and description of the proposed approach to accomplish the work. This criterion also considers the Offeror’s approach to training and support. Demonstrate financial stability.

The offeror has demonstrated experience in providing the services solicited in this RFP

Have operated under the same business name for the last three (3) years.

4.2 Geographic Scope

The Contractor must identify the geographic scope of the firm, whether local, within Virginia, regional, national or international. If the company is not local, it must identify the location of the closest office designated to provide project support, supervision and oversight. Contractor must provide details regarding off-site (from RRJA) resources dedicated to this contract.

4.3 Client References

Each submission must include a list of at least five client references providing information described in the Client References Sheets. References must be from contracts with jails or city/county government clients with whom the Offeror has worked with and that are of similar size and complexity to RRJA.

In the event the Offeror cannot provide the required five references, Offeror may substitute other entities who they have worked with in the past five (5) years to ensure five (5) total references are provided. Offerors shall indicate how these substitute references deviate from the requested characteristics.

5 GENERAL TERMS AND CONDITIONS:

5.1 ADDITIONAL INFORMATION: RRJA reserves the right to ask any Proposer to submit information missing from its proposal, to clarify the proposal or offer, and to submit additional information which RRJA deems desirable, and does not affect quality, quantity, price or delivery.

5.2 ANTIDISCRIMINATION: By submitting their proposals, all Proposers certify to RRJA that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and Section 2.2-

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

4343.1E).

In every contract over $10,000 the provisions in 1 and 2 below apply:

5.2.1 During the performance of this contract, the contractor agrees as follows:

The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination

In employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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

Offeror.

5.3 ANTI-TRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to RRJA all rights, title and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States, relating to the particular goods purchased or acquired by RRJA under the said contract.

5.4 APPLICABLE LAW AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Virginia Public Procurement Act and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable Federal, State and local laws and regulations.

5.5 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of RRJA.

5.6 AWARD: Following the receipt of proposals, selection shall be made of two or more proposers deemed to be fully qualified and best suited among those submitting proposals, on the basis of the criteria mentioned herein. After negotiations have been conducted with each proposer so selected, the RRJA shall select the proposer which, in its opinion, has made the best proposal, and shall award the contract to that proposer. Should the RRJA determined in writing and in its sole discretion that only one proposer is fully qualified, or that one proposer is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. Award results will be posted for public inspection in a designated public area at RRJA located at 500 FOLAR Trail, North Prince George, VA 23860.

5.7 CHANGES TO THE CONTRACT: Changes can be made to the contract in any one of the following ways:

5.7.1 The parties may agree in writing to modify the terms, conditions, or scope of contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of t heir written agreement to modify the scope of the contract.

5.7.2 RRJA may order changes within the general scope, of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, by are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify RRJA of the adjustment to be sought, and before proceeding to comply with the notice, shall await RRJA's written decision affirming, modifying, or revoking the prior written notice. If RRJA decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give RRJA a credit for any savings. Said compensation shall be determined by one of the following methods:

5.7.3 By mutual agreement between the parties in writing; or

5.7.4 By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to RRJA’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

5.7.5 By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present RRJA with all vouchers and records of expenses incurred and savings realized. RRJA shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to

RRJA within thirty (30) days from the date of receipt of the written order from RRJA. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of

Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by RRJA or with the performance of the contract generally.

5.8 CLARIFICATION OF TERMS: If any prospective Proposer has questions about the specifications or other proposal documents, the prospective Proposer should submit a written request to the purchasing agent whose name appears on the face of the invitation, no later than five (5) days before the due date. Any revisions to the invitation will be made only by addendum issued by the purchasing agent.

5.9 COOPERATIVE PROCUREMENT: This procurement is being conducted by RRJA in accordance with the provisions of 2.2-4304 Code of Virginia. Except for contracts for architectural and engineering services or construction in excess of $200,000 by a local public body from the contract of another local public body that is more than a straight line distance of

75 miles from the territorial limits of the local public body procuring the construction, if agreed to by the Contractor, other public bodies may utilize this contract. The Contractor shall deal directly with any public body it authorizes to use the contract. RRJA, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall RRJA, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a RRJA contract. RRJA assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may conduct such notification.

5.10 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, RRJA, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which RRJA may have.

5.11 DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (I) provide a drug free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or Offeror.

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

5.12 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, Proposers certify their proposals are made without collusion or fraud and they have not offered or received any kickbacks or inducements from any other Proposer, supplier, manufacturer or subcontractor in connection with their proposal, and they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5.13 IMMIGRATION REFORM AND CONTROL ACT OF 1986: By signing their proposals, the Proposers certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal

Immigration Reform and Control Act of 1986.

5.14 INSURANCE REQUIREMENTS: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State

Corporation Commission.

Minimum insurance coverage’s and limits required for most contracts:

5.14.1 Workers compensation – statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer.

Contractors who fail to notify RRJA of increases in the number of employees that change their workers’ compensation requirements under the code of Virginia during the course of the contra t shall be in non compliance with the contract.

5.14.2 Employer’s Liability - $100,000

5.14.3 Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertisings injury, products and completed operations coverage,.

RRJA must be named as an additional insured and so endorsed on the policy.

5.14.4 Automobile Liability - $1,000,000 combined single limit.

Notice of cancellation of any required insurance policy must be submitted to RRJA when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.

5.15 MANDATORY USE OF RRJA FORMS AND TERMS AND CONDITIONS:

Failure to submit a proposal on the official RRJA form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to any portion of the Request for Proposals may be cause for rejection of the proposal; however, RRJA reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to its acceptance, RRJA may, in its sole discretion, request that the Proposer withdraw or modify nonresponsive portions to a proposal which do not affect quality, quantity, price or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however RRJA reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

5.16 PAYMENT:

To Prime Contractor:

5.16.1 Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number

(for proprietorships, partnerships, and corporations).

5.16.2 Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

5.16.3 All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

5.16.4 The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

5.16.5 Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, RRJA shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

To Subcontractors:

A contractor awarded a contract under this solicitation is hereby obligated:

5.16.6 To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from RRJA for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

5.16.7 To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

5.16.8 The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from RRJA, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of RRJA.

5.17 PRECEDENCE OF TERMS: The following General Terms and Conditions, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND

TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and

Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

5.18 PROTEST OF AWARD: A Proposer wishing to protest an award or a decision to award a contract must submit a written protest to the Purchasing Agent no later than ten (10) days after either the award or the decision to award, whichever occurs first. The protest must include the basis for the protest and the relief sought. Within ten (10) days after receipt of the protest, the Purchasing Agent will issue a written decision stating the reasons for the action taken. This decision is final unless within ten (10) days after receipt of such decision, the Proposer institutes legal action as provided in the Code of Virginia.

5.19 QUALIFICATIONS OF PROPOSERS: RRJA may make such reasonable investigations as deemed proper and necessary to determine the ability of the Proposer to perform the service/furnish the goods stated in the contract. The Proposer shall furnish to

RRJA all such information and data for this purpose as may be requested. RRJA reserves the right to inspect Proposer’s physical plant prior to award to satisfy questions regarding the

Proposer’s capabilities. RRJA further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Proposer fails to satisfy RRJA that such Proposer is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

5.20 STATE CORPORATION COMMISSION NUMBER: all Offeror’s organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation

Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under title 13.1 or Title 50, as amended, or as otherwise required by law shall include in its proposal a statement describing why the offeror is not required to be so authorized.

Any business entity that enter into a contract with a public body pursuant to this chapter shall not allow its existence to laps or its certificate of authority to 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. RRJA may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

5.21 TAXES: Sales to RRJA are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall be free of Federal excise and transportation taxes. The RRJA’s tax exemption registration number is 54-1641109.

5.22 TESTING AND INSPECTION: RRJA reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specifications.

5.23 TRANSPORTATION AND PACKAGING: By submitting their proposals, all

Proposers certify and warrant that the price offered for F.O.B. destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with the purchase order number or the contract number, commodity description, and quantity.

5.24 USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict Proposers to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body 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 Proposer is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable RRJA 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 proposals only the information furnished with the proposal will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the Proposer clearly indicates in its proposal that the product offered is an “equal” product, such proposal will be considered to offer the brand name product referenced in the solicitation.

6 SPECIAL TERMS AND CONDITIONS

6.1 AUDIT: The contractor hereby agrees to retain all books, records and other documents relative to this contract for five (5) years after final payment, or until audited by RRJA, whichever is sooner. RRJA, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

6.2 ACCEPTANCE OF SERVICES: Receipt of service shall not constitute acceptance.

Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the performance meets specifications and or all conditions. Should the delivered service differ in any respect from specifications, payment will be withheld until such time as the supplier takes necessary corrective action. If the proposed corrective action is not acceptable to the Project Manager, the Project Manager may authorize refusal of final acceptance of the service.

6.3 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the authority shall be bound hereunder only to the extent of the funds available or which my hereafter become available for the purpose of this agreement.

6.4 BEGINNING OF WORK: The contractor shall not commence any billable work until a valid contract has been fully executed by RRJA and the successful contractor. The contractor will be notified in writing when work may begin.

6.5 CANCELLATION OF CONTRACT: RRJA reserves the right to cancel and terminate any resulting contract, in part or in whole and for any reason, without penalty, upon 90 days written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver any outstanding orders issued prior to the effective date of cancellation.

6.6 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By

submission of this proposal, the contractor certifies, that he or she is the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the contractor has not directly or indirectly induced or solicited any other contractor to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the contractor or any other contractor, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further that the contractor has not paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

6.7 CERTIFICATION TESTING PERIOD - HARDWARE: Equipment ordered herein shall be subject to inspection and a 30-day testing period by the procuring agency. Contractor equipment which is found to not meet the specifications or other requirements of the purchase agreement may be rejected and returned to the offeror at no cost (including return transportation) by the procuring agency. Unless otherwise notified or mutually agreed, acceptance shall become effective at the end of a successful 30-day testing period. Such acceptance shall not be conclusive of complete conformance in all respects to the contract specifications and other requirements, or the nonexistence of potential latent defects.

6.8 CONFLICT OF INTEREST: All proposers must disclose with their offer the name of any corporate officer, director, or agent who is also an officer or employee of the RRJA or

Authority Member Community. Further, all proposers must disclose the name of any RRJA or

Authority Member Community officer or employee who owns, directly or indirectly an interest of ten percent (10%) or more of the proposer's firm or any of its branches, subsidiaries or partnership.

6.9 CONFIDENTIALITY OF INMATES IFORMATION POLICY: 1) Inmate records are confidential. Materials from inmate records may not be copied or removed without authorization from the Record’s Supervisor. 2) Information concerning inmates will be exchanged on an as need to know basis only, within the facility. 3) Information concerning an inmate will not be disseminated outside the facility without the written consent of the concerned inmate except information that is public knowledge. Any and all information pertaining to RRJA, RRJA employees or RRJA inmates shall remain confidential. The

Contractor agrees to obey all RRJA’s policies and procedures regarding Confidentiality of

Inmates. Any contractor who fails to abide by the above confidentiality of inmates policy may be subject to suspension or termination.

6.10 CONTRACTOR RESPONSIBILITY: The contractor is solely responsible for fulfilling the contract, with responsibility for all services offered as stated in the RFP, the contractor’s proposal, and the resulting contract. The contractor shall be the sole point of contact regarding all contractual matters. If the contractor intends to utilize any subcontractors' services, the subcontractors' level of effort, tasks and time allocation must be clearly defined in the contractor's proposal.