Airport Engineering Consultant Svc RFP AP241202.pdf

County of Culpeper

Request for Proposals

COUNTY OF CULPEPER

RFP NO. AP-24-1202

REQUEST FOR PROPOSALS

FOR

AIRPORT ENGINEERING CONSULTANT SERVICES

January 19, 2024

155 West Davis Street, Suite 100 Culpeper, Virginia 22701

Table of Contents

I. Introduction

II. Airport Engineering Consultant Scope of Service

III. Proposal Requirements

IV. Evaluation Procedures

V. Notice of Requirement for affirmative Action to Ensure Equal Employment

VI. Other Procurement Information

VII. Insurance Requirements

VIII. Communications

IX. General Conditions and Instructions to Bidders/offerors

X. Certificate of No Collusion

XI. References

XII. Proprietary Information

XIIII. Proof of Authority to Transact Business in Virginia

ATTACHMENT A (Airport Layout Plan, dated June 7, 2021)

I. INTRODUCTION

A. General Information

The Culpeper County Regional Airport is requesting proposals from qualified firms with expertise in professional aviation engineering consulting services to assist in long- and short-term airport projects. Projects may include, but are not limited to design, construction management, environmental reviews, contract administration, grant application and administration.

The Culpeper County Regional Airport is located north of the Town of Culpeper, Virginia. The Airport has a runway of 5,000 ft. to support small commercial aircraft, taxiway, apron, T-Hangars. Executive Hangars and newly installed airport apron lighting.

The County and its Airport Commission are committed to providing a modern airport that will reflect the character and high-quality standards of the community and be able to meet the increasingly sophisticated demands of the general aviation and business aviation traveling public.

Culpeper County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability, or against faith-based organizations as defined under the Virginia Public Procurement Act based on such organization's religious or charitable character. Reasonable accommodation will be provided to person with disabilities, if required.

The County of Culpeper, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

This procurement is governed by the procedures of the FAA Contract Provisions Guidelines for Obligated Sponsors and Airport Improvement Program Projects, Virginia Public Procurement Act, and the procurement procedures of the County of Culpeper. Where applicable, the meaning of a word or phrase used herein shall be the meaning given in the Virginia Public Procurement Act. Specifically, this procurement of professional services will follow the procedures in Sec. 2.2 of the Code of Virginia.

There is no expressed or implied obligation for the County of Culpeper to reimburse the responding firms for any expenses incurred in preparing proposals in response to this request.

All references to “County,” “Culpeper County”, or Culpeper County Regional Airport” means “County of Culpeper, Virginia.”

Offerors are not to submit estimated man-hours or cost for services with their proposals.

To be considered, one (1) original and five (5) copies (5 thumb drives copies acceptable) of a proposal must be received in the County of Culpeper, Purchasing Agent, Culpeper County Procurement Office, 155 W. Davis Street, Suite 100, Culpeper Virginia 22701 and no later than 2:00 P.M., Tuesday, February 13, 2024. Offerors shall also submit one (1) electronic version with redacted proprietary information, if any on a separate thumb drive (labeled) in addition to the required number of proposals listed above. The County of Culpeper reserves the right to reject any or all proposals submitted.

If the County closes its offices due to inclement weather, scheduled RFP receipt of proposals will be extended to the next business day, same time.

All Offerors are responsible for any addendums issued for this project. All notifications of any Addendums will only be posted on the Culpeper County Purchasing Website at https://web.culpepercounty.gov/rfps

An Airport Advisory Selection Committee will evaluate proposals submitted.

During the evaluation process, the Airport Advisory Selection Committee and the County of Culpeper reserves the right, where it may serve the County of Culpeper’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the County of Culpeper or the Airport Advisory Selection Committee, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The County of Culpeper reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the contract between the County of Culpeper and the firm selected.

It is anticipated the selection of the firm will be completed by April 2024.

Following the notification of the selected firm it is expected a contract may be executed between both parties by June 2024.

II. AIRPORT ENGINEERING CONSULTANT SCOPE OF SERVICES

The Culpeper County Regional Airport is requesting Proposals from qualified firms interested in providing airport engineering and management consulting services to assist the County. Services include, but not limited to attend meetings with the Airport Advisory Committee, project studies involving design and construction management, environmental reviews, construction inspections, contract administration, grant application/administration, airport security, and other related project developments for a period of up to four years. Below is a list of anticipated projects with a brief description that may be accomplished during multiple grants during the next 4 years:

A. Runway Pavement Rehab – Design and Construction, inclusive of lighting upgrades.

B. Taxiway Pavement Rehab – Design and Construction, inclusive of lighting upgrades.

C. Apron Expansion - Design and Construction.

D. Update of Airport Layout Plan (ALP).

E. T-Hangar and corporate hangar development planning.

Attachment A (Airport Layout Plan, dated June 7, 2021) provides the projects listed, as they are part of the FAA approved Airport Master Plan.

III. PROPOSAL REQUIREMENTS

This RFP is under the Culpeper County Purchasing Resolution, Competitive

Negotiation for Professional Services. The County reserves the right to reject any and all proposals and to make a selection in the best interests of the County.

The proposal shall be no more than twenty (20) typed (Twenty pages total excluding Table of Contents, and Tab Numbers 6 – 10 below) pages in length that presents the Offeror’s qualifications and understanding of the work to be performed. (Written Proposals shall have a minimum font size of twelve (12). Utilizing front and back page shall count as one (1) page). Offerors are asked to address each evaluation criterion and to be specific in presenting their qualifications. Proposals should provide all information considered pertinent to the qualifications for this project.

The Proposal shall provide all information necessary for the Culpeper County Regional Airport to evaluate the suitability of the proposed firm to provide the airport engineering consultant services described herein. The proposal shall demonstrate the experience, resources, and capabilities of the proposer to perform these services.

A. Structure of Proposals Proposers are instructed to submit one (1) original and five (5) copies (5 thumb drives copies acceptable), and one (1) electronic versions of the proposal. Offerors shall also submit one (1) electronic version with redacted proprietary information, if any on a separate thumb drive (labeled) in addition to the required number of proposals listed above. Information contained in the Proposal shall be stated in a clear and concise manner. The original Proposal shall be bound, and numerically tabbed as follows:

Tab 1 – Introductory Letter

Tab 2 – Firm Overview and General History

Provide a brief overview of your firm’s general history, including size of organization, type of consulting services provided, and a description of organization structure. State the location of the office(s) from which the work is to be performed and list pertinent information regarding the office(s), such as the number of personnel available to provide services for this project.

Tab 3 – Experience and Qualifications

Provide a detailed description and dates of services of the firm’s most recent experience on three (3) similar type projects as described in Section II (Airport Engineering Consultant Scope of Work Services) at other airports of comparable size that are/were funded by FAA and VDOA project grants. The firm shall demonstrate familiarity with the FAA and VDOA grant administration and technical planning/design requirements.

Firms are encouraged to submit previous projects of similar runway/taxiway pavement rehab, apron expansion, and hangar development, but may not limit their projects to only those. If desired, other projects may be included in submitted proposals of those items listed in the first paragraph of Section II.

Tab 4 – Resumes Resumes of Offeror’s key personnel to be assigned to Culpeper County, their past experience, current certifications, availability, and their Office location.

Tab 5 – Approach Description of the firm’s approach to serving the needs of the County.

Tab 6 – Exception to the RFP.

All exceptions shall be clearly identified, and written explanation shall include the scope of the exception ramification of the exception for the County and description of the advantages to be gained by the County as results of these exceptions. The County reserves the right to accept or reject any exceptions.

Tab 7 –Certificate of No Collusions (Section X, page 22)

Tab 8 –References (Section XI, page 23)

Tab 9 –Proprietary Information (Section XII, page 24)

Tab 10 – Authority to Transact Business in Virginia (Section XIII, page 25)

Failure by Proposer to supply all information required may result in the proposal being rejected by the County, at its option. The County will not be liable for any costs incurred by the Proposers in preparing, submitting or presenting the proposal or in satisfying any demonstration or other requirements.

IV. EVALUATION PROCEDURES

Offerors are to make written proposals, which present the Offeror’s qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required services.

Selection of the successful Offeror will be based upon submission of proposals meeting the selection criteria. The minimum selection criteria will include the following:

A. Qualification, experience of the firm. In particular, capabilities, professional competence, and qualification of the offeror and qualification of proposed personnel assigned to the County (25 Points).

B. Availability of Engineers to meet with Count and Airport staff on an ongoing basis and communicate with appropriate County officials who are responsible for the Culpeper County Regional Airport administration (15 Points).

C. Performance record and demonstrated ability to work with a municipal organization to provide the requested Engineering services (20 Points).

D. Comprehension and soundness of assessing the proposed and role of the Airport

Engineering Consultant to meet the objectives of the Culpeper County Regional Airport (15 Points).

E. Proposer’s commitment to provide identified personnel for the duration of the contract (15 Points).

F. References (10 Points)

Once each member of the committee has independently read and rated each proposal, based on the criteria listed above, a preliminary evaluation rating will be developed which indicates the group’s collective ranking of the highest rated proposals in a descending order. At this point, the evaluation team will conduct interviews with the top ranked firms. Once these interviews and discussions are completed, the committee will finalize the rankings. Final negotiations for services will begin with the top-ranked firm.

If a contract acceptable to the County cannot be negotiated, negotiations shall be terminated with the top ranked firm and negotiations will then proceed with the next highest ranked firm until an agreement is reached. The Evaluation Team will conduct all subsequent negotiations and will make a recommendation to the County.

Each Offeror, by submitting a proposal in response to this Request for Proposals, represents that the Offeror has read and understands the Scope of Services and has familiarized itself with all Federal, State and Local laws, ordinances, rules and regulations that in any manner may affect the progress or performance of the contract work.

V. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE EQUAL

EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 27.9

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.

Regarding this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

(It should be noted that these goals only apply to “physical construction” work in excess of $10,000. While the language is mandatory for all contracts it only applies to the portions of the contract that would include “physical construction” work, which rarely applies to professional services.

The goal percentages apply to the work force. In other words, this is not a DBE situation, but rather the construction contractor should have a work force comprised of 6.9% female participation and 27.9% minority participation. Therefore, a minority woman would count toward the 6.9% female participation and the 27.9% minority participation of the work force. Again, these are not minority or women “owned” business goals, but percentage of workforce.

Again, to reiterate, these percentages only apply for “physical construction” work and thus if the A/E is not performing “physical construction” then these goals do not apply).

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Culpeper County, Virginia 22701.

VI OTHER PROCUREMENT INFORMATION

Upon Award and during the performance of the contract, the contracting firm will comply with the provisions herein:

a. Buy American Preference - (49 USC § 50101)

b. Civil Rights – Title VI Assurances – (49 USC § 47123, and FAA Order 1400.11)

c. Davis-Bacon Requirements – (2 CFR § 200, Appendix II (D), and 2 CFR Part 5)

d. Debarment and Suspension – (2 CFR part 180 (Subpart C), 2CFR part 1200, and DOT Order 4200.5)

e. Disadvantaged Business Enterprise – (49 CFR part 26)

f. Foreign Trade Restrictions - (49 USC §50104, and 49 CFR part 30)

g. Lobbying Federal Employees – (31 USC § 1352 (Byrd Anti-lobbying Amendment), 2 CFR part 200, Appendix II (J), and 49 CFR part 20, Appendix A

h. Procurement of Recovered Materials – (2 CFR § 200.322, 40 CFR part 247)

VII. INSURANCE SPECIFICATIONS

The contractor shall carry Professional Liability Insurance in the amount specified below, including the contractual liability assumed by the contractor, and if requested by the County, shall deliver a Certificate of Insurance from carriers acceptable to the owner specifying such limits. The Certificate shall show the County named as an additional insured for the Comprehensive General Liability Coverage. In addition, the insurer shall agree to give the County 30 days’ written notice of its decision to cancel coverage.

Professional Liability Insurance- $2,000,000 for each occurrence.

VIII. COMMUNICATIONS

All questions regarding this Request for Proposal must be submitted in writing before

10:00 A.M. EST on Tuesday, February 6, 2024, to:

Culpeper County Procurement Office Attn: Alan H. Culpeper, CPPO, VCO, VCM 155 West Davis Street, Suite 100 Culpeper, VA 22701 E-mail: aculpeper@culpepercounty.gov

IX. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS

Revised 2/17/2023.

Vendor: These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by the Procurement Department of Culpeper County, unless otherwise specified. The Procurement Department is responsible for the purchasing activity of Culpeper County. The term “County” as used herein refers to the contracting entity which is the signatory on the contract and may be either Culpeper County, or the Culpeper County Board of Supervisors, a political subdivision of the Commonwealth of Virginia, or both. Bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals: failure to do so will be at the bidder’s/offeror’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, resolutions, regulations, rules, limitations and legislation, bids/proposals on all solicitations issued by the Procurement Department will bind bidders/ offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. AUTHORITY-Except as delegated in the Culpeper County Purchasing Resolution, the Purchasing Agent has the sole responsibility and authority for negotiating, placing and when necessary, modifying every solicitation, contract and purchase order issued by the County. In the discharge of these responsibilities, the Purchasing Agent may be assisted by assigned buyers. Unless specifically delegated by the Purchasing Agent, 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 indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby.

2. COMPETITION INTENDED: It is the County’s intent that this solicitation permit competition. It shall be the Bidder’s/Offeror’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source. The Purchasing Agent must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the bids/proposals.

CONDITIONS OF BIDDING

3. CLARIFICATION OF TERMS - If any Bidder/ Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/ Offeror shall contact the buyer in writing whose name appears on the face of the solicitation 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 addendum issued by the Buyer. Notifications regarding specifications may not be considered if received in less than five (5) business days of the date set for opening of bids/receipt of proposals.

4. CHANGES / MODIFICATON TO SOLICIATIONS – any and all changes, addendums, amendments, and/or supplements to any

Invitation to Bid (IFB), or Request for Proposal (RFP) shall be posted on the Culpeper County website on the Purchasing Office’s webpage under the tab titled. “Current Active Solicitation” found at the below address: https://web.culpepercounty.gov/rfps

Any and all changes, addendums, amendments, and/or supplements to the RFP/IFB shall be posted no later than the latest time on the last day by which submissions have to be received by the Purchasing Office. Offerors/Bidders are responsible for monitoring the Purchasing Office’s webpage for the posting of any changes, addendums, amendments, and/or supplements.

5. MANDATORY USE OF COUNTY FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the official

County form provided for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the Invitation to Bid or Request for Proposal may be cause for rejection of the bid/proposal. 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.

6. LATE BIDS/PROPOSALS & MODIFICATION OF BIDS/PROPOSALS: Any bid/proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/proposal/modification is considered a late bid/proposal/modification.

The County is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers, or the inter-office mail system. It is the sole responsibility of the Bidder/Offeror to ensure their bid/proposal reaches the Procurement Department by the designated date and hour.

a. The official time used in the receipt of bids/ proposals is that time on the automatic time stamp machine in the Procurement Department.

b. Late bids/proposals/modifications will be returned to the Bidder/Offeror UNOPENED, if solicitation number, acceptance date and Bidder/Offeror’s return address is shown on the container.

c. If the County closes its offices due to inclement weather scheduled bid openings or receipt of proposals will be extended to the next business day, same time.

7. WITHDRAWAL OF BIDS/PROPOSALS: A Bidder/Offeror for a contract other than for public construction may request withdrawal of his or her bid/proposal under the following circumstances:

a. Bids/Proposals may be withdrawn on written request from the Bidder/Offeror received at the address shown in the solicitation prior to the time of acceptance.

b. Requests for withdrawal of bids/proposals after opening of such bids/proposals but prior to award shall be transmitted to the Purchasing Agent, 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, vendor work sheets, etc. If bid bonds were tendered with the bid, the County may exercise its right of collection. No Bid/Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid/Proposal of the same bidder/offeror or of another bidder/offeror in which the Countyship of the withdrawing bidder/offeror is more than five percent. In the case of Invitation for Bid’s, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No bidder/offeror who is permitted to withdraw a bid/proposal 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/proposal was submitted.

8. ERRORS IN BIDS/PROPOSALS – When an error is made in extending total prices, the unit bid price will govern. Erasures in bids/proposals must be initialed by the bidder/offeror. Carelessness in quoting prices, or in preparation of bid/proposal otherwise, will not relieve the Bidder/Offeror. Bidders/Offerors are cautioned to recheck their bids/proposals for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted.

9. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: The signed bid/proposal and requested copies should be returned in a separate envelope or package, sealed, and identified with the following information:

ADDRESSED AS INDICATED ON COVER PAGE

IFB/RFP NUMBER – AP-24-1202

TITLE – Airport Engineering Consulting Services

BID/PROPOSAL DUE DATE AND TIME TUESDAY, FEBRUARY 13, 2024, AT 2:00 PM.

VENDOR NAME AND COMPLETE MAILING ADDRESS (RETURN ADDRESS)

If a bid/proposal is not addressed with the information as shown above, the Bidder/Offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid/proposal to be disqualified. Bids/Proposals may be hand delivered to the designated location in the office issuing the solicitation. Culpeper County will not accept facsimile and/or electronic bids/proposals. No other correspondence or other proposals should be placed in the envelope.

10. ACCEPTANCE OF BIDS/PROPOSALS: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty

(120) calendar days the bid/proposal may be withdrawn at the written request of the Bidder/Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

11. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.

12. BIDDERS PRESENT: At the time fixed for the opening of responses to a bid, bid contents will be made public for the information of bidders and other interested parties who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly. At the time fixed for the receipt of responses for Request for Proposals, only the names of the offerors will be read and made available to the public.

13. RESPONSE TO SOLICITATIONS: In the event a vendor cannot submit a bid on a solicitation, the vendor is requested to return the solicitation cover sheet with an explanation as to why the vendor is unable to bid on these requirements. Because of the large number of firms listed on the County’s Bidders List, it may be necessary to delete from this list the names of those persons, firms or corporations who fail to respond after having been invited to bid for three (3) successive solicitations. Such deletion will be made only after formal notification of the intent to remove the firm from the County’s Bidder’s List.

14. BIDDER INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such bids may be rejected. 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.

15. 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/Offeror.

16. DEBARMENT STATUS: By submitting their bids/proposals, Bidders/Offerors certify that they are not currently debarred from submitting bids/proposals 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 Commonwealth of Virginia.

17. ETHICS IN PUBLIC CONTRACTING: The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Public

Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the County. By submitting their bids/proposals, all Bidders/Offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

18. NO CONTACT POLICY: No Bidder/Offeror shall initiate or otherwise have contact related to the solicitation with any County representative or employee, other than the Procurement Department, after the date and time established for receipt of bids/proposals. Any contact initiated by a Bidder/Offeror with any County representative, other than the Procurement Department, concerning this solicitation is prohibited and may cause the disqualification of the Bidder/Offeror from this procurement process.

19. VIRGINIA FREEDOM OF INFORMATION ACT: All proceedings, records, contracts, and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act except as provided below:

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

b. Any competitive sealed 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 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. 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 that 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 except as provided in paragraph “c” below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

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 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.

c. Nothing contained in this section shall be construed to require the County, when procuring by “competitive negotiation”

(Request for Proposal), to furnish a statement of reasons why a particular proposal was not deemed to be the most advantageous to the County.

20. CONFLICT OF INTEREST: Contractor certifies by signing bid to the County that no conflict of interest exists between Contractor and County that interferes with fair competition and no conflict of interest exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the County.

SPECIFICATIONS

21. BRAND NAME OR EQUAL ITEMS: 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 in the 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/proposal that the product offered is "equal" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

22. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

23. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment listed in this 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 a part of such equipment although not directly specified or called for in the specifications. The Bidder/Offeror 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 the minimum requirements of these specifications.

24. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

AWARD

25. AWARD OR REJECTION OF BIDS: The Purchasing Agent shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of the County to accept it.

Awards made in response to a RFP will be made to the highest qualified offeror whose proposal is determined, in writing, to be the most advantageous to the County taking into consideration the evaluation factors set forth in the RFP. The Purchasing Agent reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids/proposals and to waive any informality in bids/proposals received whenever such rejection or waiver is in the best interest of the County. Award may be made to as many bidders/offerors as deemed necessary to fulfill the anticipated requirements of the County. The Purchasing Agent also reserves the right to reject the bid if a bidder is deemed to be a non-responsible bidder.

26. ANNOUNCEMENT OF AWARD: Upon the award or announcement of the decision to award a contract as a result of this solicitation, the

Procurement Department may post award results, which may be viewed on the Culpeper County Procurement Website at https://web.culpepercounty.gov/rfps

27. QUALIFICATIONS OF BIDDERS OR OFFERORS: The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect Bidder's/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror’s capabilities. The County further reserves the right to reject any bid or proposal if the evidence submitted by or investigations of such Bidder/Offeror fails to satisfy the County that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

28. TIE BIDS: In the case of a tie bid, the County may give preference to goods, services and construction produced in Culpeper County or provided by persons, firms or corporations having principal places of business in the County. If such a choice is not available, preference shall then be given to goods and services produced in the Commonwealth pursuant to Section 2.2-4324 of the Code of Virginia. If no County or Commonwealth choice is available, the tie shall be decided by lot.

CONTRACT PROVISIONS

29. APPLICABLE LAW AND COURTS: Any contract resulting from this solicitation shall be governed in any respects by the laws of

Virginia without any regard to conflict of laws analysis, and any litigation with respect thereto shall be brought in the Circuit Court of Culpeper County, Virginia. The parties waive any right of removal to federal court. The Contractor shall comply with applicable federal, state and local laws and regulations.

30. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, Bidders certify that they do not and will not during the performance of this contract employ unauthorized alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as presently amended.

31. ANTI-TRUST: By entering a contract, the Contractor conveys, sells, assigns, and transfers to the County all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust law of the United States and Culpeper County, relating to the particular goods or services purchased or acquired by the County under said contract. Consistent and continued tie bidding could cause rejection of bids by the Purchasing Agent and/or investigation for Anti-Trust violations.

32. PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty (30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter.

1. Invoices for items/services ordered, delivered/performed, and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number, purchase order number, and any federal employer identification number.

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.

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

4. The County's fiscal year is July 1 - June 30. Contractors are advised to submit invoices, especially for goods and/or services provided in the month of JUNE, for the entire month i.e., June 1 - June 30, so that expenses are recognized in the appropriate fiscal year.

33. PAYMENT TO SUBCONTRACTORS: A contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

2. To notify the County and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason.

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 the County, 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 by construed to be an obligation of the County.

34. ASSIGNMENT OF CONTRACT: A contract shall not be assigned by the Contractor in whole or in part without the written consent of the Purchasing Agent.

35. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, 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 other remedies which the County may have.

36. ANTI-DISCRIMINATION: By submitting their bids/proposals, Bidders/Offerors certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment 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 or 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, Sec. 2.2-4343.1(E)).

In every contract over $10,000, the provisions in A and B below apply:

A. During the performance of this contract, the Contractor agrees as follows:

1. 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.

2. 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.

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

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

37. INVOICES: 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 IFB/RFP number and/or purchase order number.

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

A. The parties may agree to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

B. The County 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, but 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. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings. Said compensation shall be determined by one of the following methods.

1. By mutual agreement between the parties in writing; or

2. 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 the County’s right to audit the Contractor’s records and/or determine the correct number of units independently; or

3. 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 the County with all vouchers and records of expenses incurred and savings realized. The County 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 the Procurement Department within thirty (30) days from the date of receipt of the written order from the Procurement Department. If the parties fail to agree on an amount of adjustment, the questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for relieving disputes provided by the Disputes Clause of this contract. 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 the County or with the performance of the contract generally.

C. No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater without the advanced written approval of the Board of Supervisors or as applicable.

39. INDEMNIFICATION: Contractor shall indemnify, keep and save harmless the County, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the granting of a contract or which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the County in any such action, the Contractor shall, at his or her own expenses, satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided.

40. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i)…