Cloud Migration and ArcGIS Utility Network Implementation RFP.pdf

REQUEST FOR PROPOSAL

NON-PROFESSIONAL SERVICES

Issue Date: April 16, 2026

RFP#: 2026002-IT-P

Title: Cloud Migration and ArcGIS Utility Network Implementation

Issuing Agency: Albemarle County Service Authority (ACSA) 168 Spotnap Road Charlottesville, VA 22911

Period Of Contract: N/A

Sealed proposals will be received until May 11, 2026, for furnishing the services described herein. Proposals received after the announced time and date for receipt remain unopened. No telephoned, faxed, or emailed proposals will be considered.

The face of the envelope or shipping container shall be clearly marked in the lower left-hand corner as follows:

RFP#: 2026002-IT-P

TITLE: Cloud Migration and ArcGIS Utility Network Implementation

PROPOSAL DUE: 5/11/2026

All inquiries for information should be submitted in writing and be directed to: Justin Ray, GIS & CMMS Coordinator, at jray@serviceauthority.org

PROPOSALS MUST BE SHIPPED/MAILED, ELECTRONIC/DIGITAL VIA eVA WEBSITE OR HAND DELIVERED TO

THE ADDRESS SHOWN ABOVE.

PREPROPOSAL CONFERENCE: N/A

By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified.

Name And Address Of Firm:

_____________________________________________ Date: ________________________________________

_____________________________________________ By: _________________________________________

__________________________Zip Code:___________ (Signature In Ink)

Telephone Number: (___)________________________ Name: ________________________________________

Fax Number: (___) ____________________________ (Please Print)

E-mail Address: ________________________________ Title: _________________________________________ I have the authority to bind the corporation.

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

mailto:jray@serviceauthority.org

RFP# 2026002-IT-P

TABLE OF CONTENTS FOR RFP

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEEDS 3-6

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 6-7

V. EVALUATION AND AWARD CRITERIA 8

VI. PREPROPOSAL CONFERENCE 8

VII. REPORTING AND DELIVERY INSTRUCTIONS 8

VIII. GENERAL TERMS AND CONDITIONS 9-15

IX. SPECIAL TERMS AND CONDITIONS 15

X. METHOD OF PAYMENT 15

XI. ATTACHMENTS 16-23

I. PURPOSE: The Albemarle County Service Authority (ACSA) seeks qualified and experienced firms for a multi-phase project focused on migrating existing on-premises infrastructure and software to Azure, as well as implementing both ArcGIS Utility Network as well as Trimble Unity, in accordance with the Scope of Services specified in this Request for Proposal (RFP). The ACSA seeks to migrate its existing ArcGIS Enterprise implementation to Azure. The ACSA seeks to migrate its existing on-premises Microsoft SQL Server instance and databases to the cloud while maintaining current software links. The ACSA seeks to migrate file servers to Azure in addition to necessary networking, security, and reporting solutions. The ACSA seeks to implement best practices for an Azure subscription. The ACSA seeks to implement the Utility Network for its water and wastewater datasets. An on-premises instance of Cityworks AMS is to be migrated to Trimble Unity while maintaining current functionality. The ACSA will select a firm or individual to provide the services requested using the Competitive Negotiation Procedure for Professional Services as outlined in the Virginia Public Procurement Act.

II. BACKGROUND: Established in 1964, the Albemarle County Service Authority distributes treated water and collects sewage for treatment, while maintaining, expanding, and replacing the infrastructure within the service area. The ACSA, now over 60 years later, provides water distribution and wastewater collection services to over 23,000 customers with over 380 miles of waterline and over 320 miles of sewer line within our service area, including the urban areas of Albemarle County and nearby communities of Scottsville and Crozet.

An on-premises instance of SQL Server 2019 is currently in place on a Windows server. This instance has thirteen

(13) databases attached. The primary software supported by this database server is ArcGIS, Cityworks, and GraniteNet. An on-premises multi-machine deployment of ArcGIS Enterprise 11.1 is also currently in place consisting of one ArcGIS Portal machine, one ArcGIS Data Store (with relational and tile stores) and ArcGIS Monitor machine, three ArcGIS Server machines (comprising two ArcGIS Server sites), and an externally facing IIS web server with three ArcGIS Web Adaptors.

There is a similarly deployed (with one fewer ArcGIS Server machine) development environment for both ArcGIS Enterprise as well as SQL Server. All are on Windows servers. Two file servers totaling 3 terabytes are currently hosted on physical Windows servers. There is an established Active Directory synchronization with Entra. Duo is used for multifactor authentication.

A Utility Network feasibility and preparedness study has already been completed with a third-party contractor, and the ACSA is ready to begin implementation of the software. Data cleanup of items which would prevent implementation has largely been accomplished. Cityworks AMS is installed on premises at version 23.13, as of the release of this RFP. There are integrations with GraniteNet, Granicus, and the current CIS, BillMaster. Reporting is performed through a combination of Active Reports and Crystal Reports.

III. STATEMENT OF NEEDS: The ACSA seeks to migrate several on-premises software and hardware solutions to

Azure. This migration shall preserve existing connections and integrations. The firm selected for this project needs to perform discovery to determine which Azure solutions best suit ACSA needs. The Azure subscription needs to be configured to utilize existing Entra permissions and accounts.

The ACSA needs the production and development ArcGIS Enterprise instances migrated to the Azure cloud while maintaining existing integrations as well as performance. The cloud solution should not introduce additional latency for web-based use of the GIS and will optimally increase performance. At least one Azure-hosted Windows PC is needed to enable low-latency editing of the GIS databases through ArcGIS Pro utilizing direct database connections. The Azure solution needs to be able to handle the additional load caused by a new Customer Information System (CIS) solution integration as well as the burden of ArcGIS Utility Network.

The SQL Server instance will need to have all existing connections reconfigured to point to the new location after migration. The software being used to access SQL Server databases includes, but is not limited to, ArcGIS Pro, ArcGIS Server, Microsoft Access, GraniteNet, and Cityworks. There is an upcoming implementation of SpryPoint which shall be integrated with as well. Necessary SQL Server functionality includes that currently provided by SQL Server Management Studio (SSMS), SQL Server Integration Services (SSIS), SQL Server Reporting Services (SSRS), Management Plans, SQL Server Agent, and Database Mail.

The file servers need to have their content, shares, and permissions migrated into Azure. Best practices need to be provided for the Azure subscription, to be adopted at the discretion of the ACSA. Backups, disaster recovery, and availability are a priority need for the ACSA. Access and use logs should be available for the solution.

The ACSA seeks the implementation of the ArcGIS Utility Network two utility systems: water and wastewater. The Utility Network will need to maintain integrations with multiple third-party software suites including, but not limited to, Cityworks and GraniteNet. Utility Network is to be configured to enable tracing and to be able to generate outputs of impacted assets based off trace results.

Migration from on-premises Cityworks AMS 23.x to Trimble Unity is necessary. This migration must maintain existing integrations with GraniteNet and the ACSA customer portal (currently Granicus). Alternatives to the current customer portal which are compatible with Trimble Unity are desired. The proposer should be prepared to implement and/or integrate the suggested alternative.

Due to the scope and breadth of services rendered, some tasks such as reintegrating may need to occur multiple times as different portions of the project are completed. Ensure functionality is maintained across all impacted software throughout the steps of the project, allowing for limited downtime for cutover.

Scope of Services:

The ACSA is issuing this RFP for an implementation of ArcGIS Utility Network for both the existing water and wastewater datasets, migration to Trimble Unity, a migration to Azure for ArcGIS Enterprise, SQL Server, and file servers, and related implementation services, including discovery, solution design, project management, documentation, data and software migration, configuration, systems integration, software installation, training and ongoing support services. The ACSA also seeks input on system architecture recommendations and best practices to incorporate. All deliverables will become the property of the ACSA.

The following topics illustrate the scope of the required work for this project to be successful. This is a mixture of technical work, discovery, and knowledge transfer. In addition to the technical services, the ACSA is interested in the implementer’s qualifications and duties.

FILE SERVERS: Migrate existing file servers into Azure. Provide guidance on which Azure product suits our use cases best.

Reestablish shares and permissions or provide guidance on configuring access, permissions, and logging dependent upon Azure product utilized. Perform technical work or assist ACSA staff as necessary. Approximate size of the on-premises servers is over three (3) terabytes.

NETWORK AND INFRASTRUCTURE SECURITY:

• As-Built Logical Network Diagram: A detailed map showing Virtual Networks (VNets), subnets, Network Security Groups (NSGs), and the flow of traffic between on-premises, Azure, and third-party SaaS (Trimble Unity) shall be provided.

• Firewall & NSG Rule Matrix: A spreadsheet documenting every open port, its purpose, source IP, and destination.

This must include a "Deny All" default strategy for all non-essential traffic.

• Private Link / Endpoint Configuration: Documentation confirming that SQL Server and ArcGIS Server traffic remains on the Microsoft backbone and is not exposed to the public internet shall be provided.

IDENTITY AND ACCESS MANAGEMENT (IAM):

• Conditional Access Policy Design: A document detailing the Duo/Entra ID rules enforced (e.g., "MFA required for all GIS Administrative logins" or "Geofencing restricted to US-based IP addresses") shall be provided.

• RBAC (Role-Based Access Control) Registry: A list of Azure and GIS roles created, including a "Least Privilege" justification for each user group should be provided.

• Privileged Access Management (PAM) Plan: Procedures for how "Domain Admin" or "Global Admin" tasks are handled (e.g., using Azure Bastion or Just-In-Time access) should be provided.

DATA PROTECTION AND ENCRYPTION:

• Encryption Key Management Report: Confirmation that Transparent Data Encryption (TDE) is active for all SQL databases and that Azure Disk Encryption (ADE) is enabled for all 3+TB of file storage.

• Secrets Management Log: Documentation of how service account passwords and API keys are stored within Azure Key Vault rather than in plain-text configuration files or scripts.

MONITORING AND INCIDENT RESPONSE:

• Log Analytics Configuration: Confirmation that all system, security, and access logs are being routed to a central Log Analytics Workspace.

• Automated Alerting Schema: A list of configured security alerts (e.g., "Multiple failed login attempts," "Unauthorized database export," or "High-volume data deletion").

• Disaster Recovery (DR) Runbook: A step-by-step manual for ACSA staff to restore the ArcGIS Enterprise and SQL environments from a total regional Azure outage, including defined Recovery Time Objectives (RTO).

AVAILABILITY: Azure products implemented shall be selected to have an uptime Service Level Agreement (SLA) of at least 99%, though higher is preferable.

ARCGIS ENTERPRISE: Migrate existing multi-machine ArcGIS Enterprise servers and software to Azure. This should remain a multi-machine site. Provide guidance on how to optimize, scale, and secure ArcGIS Enterprise in Azure. There needs to be two ArcGIS Server sites: one for hosting and one for publishing. The publishing ArcGIS Server site needs to be processor optimized to improve upon current capabilities. The production environment needs to have ArcGIS Monitor in addition to the base components. This work involves standing up an Azure web server or service able to replicate the functionality and configuring it to use existing domains and certificates. The migration may include a software upgrade from ArcGIS Enterprise 11.1 to ArcGIS Enterprise 11.5 or higher. There is an existing Collaboration between ArcGIS Enterprise and ArcGIS Online which must be preserved. Create duplicate development ArcGIS Enterprise site and servers.

SQL SERVER: Provide guidance on which Azure SQL product best suits ACSA requirements and needs. Migrate SQL Server databases for the following products: ArcGIS (x2), Cityworks, GraniteNet, Linko CTS. Migrate databases primarily accessed through Microsoft Access front ends via Linked Tables. Migrate up to 13 databases. Reestablish or assist ACSA staff in reconnecting connections with front-end software. SQL Server functionality required is currently Database Mail, SQL Server Agent, SSIS, SSMS, SSRS, and Maintenance Plans. Security needs to utilize both SQL and Windows (Entra) accounts, which will need to be preserved. Create duplicate development SQL Server Azure solution.

VIRTUAL DESKTOPS FOR GIS EDITING: Evaluate current ArcGIS Pro use at the ACSA and determine the need and quantity of the virtual desktops before and after Utility Network implementation is complete. Create and configure new virtualized desktops for low latency editing of Azure SQL GIS databases via ArcGIS Pro software. Assist ACSA staff with establishing the machines on the ACSA domain. Ensure no significant latency introduced in the editing process (should be no worse than a 15% increase in latency compared to current GIS reading/writing processes). Perform discovery of current ACSA expectations to establish quantifiable metrics for comparison.

ARCGIS UTILITY NETWORK IMPLEMENTATION: Implementation of two Utility Networks: Water and Wastewater.

Replacement of Unique ID stored procedure with Attribute Rules. Creation of Validation Attribute Rules for standardized data quality checks. Views re-written (as required by Branch versioning). Implementation of Contingent Values. Automation of data migration tasks. Changing geodatabase administrator to sde, instead of dbo. Configuration of tracing for both networks. Ability to create outputs based on tracing results through an automated method. Update or assist ACSA staff with updating GIS products to account for the changes. Ensure compatible integrations are reconfigured to utilize the Utility Network.

TRIMBLE UNITY MIGRATION: Migrate on-premises Cityworks AMS into Trimble Unity. Reestablish all integrations.

Update or assist ACSA staff with updating reports to utilize the Software as a Service (SaaS) data source. It is assumed (but not required) that this migration will occur prior to the ArcGIS Utility Network implementation. If that is the case, reconfigure Trimble Unity to account for the changes brought by the Utility Network.

CUSTOMER PORTAL IMPLEMENTATION/INTEGRATION: Perform discovery to understand expectations and needs for the public-facing customer portal. Assist ACSA staff in determining if the current customer portal (Granicus) or a replacement is best suited to our needs. Based on that determination, either implement the new software or integrate Granicus with Trimble Unity.

PROVIDER QUALIFICATIONS: In addition to the technical specifications, the migration process is of paramount importance. Preferably, the implementer will have experience successfully migrating the software for similar sized organizations. The implementer should have demonstrable migration experience for file servers, ArcGIS Enterprise, and SQL Server into Azure. The implementer should have experience migrating Cityworks to Trimble Unity or implementing Trimble Unity. A project methodology must be included in the RFP to detail the proposed implementation. It is preferred that the implementer have relevant certifications, such as ESRI cloud and Utility Network certifications as well as Microsoft Azure certifications.

PROVIDER DUTIES: The implementer must provide system architecture and design recommendations and assistance. The implementer will perform software installation and system configuration. The implementer will perform system migration, software integration, and configuration. The implementer must perform project management duties across all components of this work. Collaborate with ACSA staff to determine an optimal schedule and pacing for the various tasks within scope, preferring a phased approach. Ensure adequate staff resources. Regular and frequent communication with the ACSA project team is required. Provide a support period of three months after go-live for any issues or questions which arise related to the Azure migration. Ad hoc support contract available after the three-month window has elapsed to be utilized in hourly increments at an hourly rate. Proposer should provide training and provide documentation for ACSA staff to take over management and maintenance of Azure products utilized during this migration project. Proposer may provide training on ArcGIS Utility Network use. Proposer should provide knowledge transfer of ArcGIS Utility Network and Trimble Unity administrative duties.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this RFP. One (1) original and eight (8) copies of each proposal along with an electronic copy of the complete proposal on USB drive, either in Microsoft Word or PDF format must be submitted to the ACSA as a complete sealed proposal. No other distribution of the proposal shall be made by the offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the ACSA requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals which are substantially incomplete or lack key information may be rejected by the ACSA.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the ACSA pursuant to the RFP shall belong exclusively to the ACSA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of Virginia Code § 2.2-4342(F), in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. Please complete Attachment D.

h. All costs of proposal preparation and presentation shall be borne by each offeror. The ACSA is not liable for any cost incurred by the offeror prior to issuance of a contract.

3. Proposal shall include the following:

The proposal verbiage must describe the firm’s qualifications to provide the requested products and/or services, and include the following:

a. Description of the nature of the firm’s business; include a description of experience, competencies, and overall organizational capabilities.

b. Corporate organization chart indicating key management team members.

c. Number of years in business.

d. Description of the firm’s capabilities to provide the requested product(s)/service(s).

e. Description of the project staff structure, the background, qualifications and relevant experience of all staff involved in the project, including length of time at contractor;

include the responsibilities that each staff member will have during the execution of this project.

f. Overview of approach and description of methodology to be used.

g. Description of project structure and detailed project timelines and phases (if applicable).

h. An itemized cost proposal.

i. References: The proposer must provide three (3) independent references from three

(3) different projects of similar scope, nature, and complexity to that requested by the ACSA. The ACSA prefers utility or governmental entity references. Each of the references must include the following information:

i. Entity Name

ii. Industry Type

iii. Address, City, Province/State/Country

iv. Contact Name, Title, Phone Number, and Email address

v. Year(s) service(s) provided

vi. Comments (include details regarding the current status of the product/service provided by proposer)

4. Demonstration: Offerors who submit a proposal in response to this RFP may be required to give a demonstration of their product to the ACSA. This provides an opportunity for the offeror to clarify or elaborate on the feature. This is a fact finding and explanation session only and does not include negotiation. The ACSA accepts the demonstrations in person, via email, or via webpage. Demonstrations are an option of the ACSA and may or may not be conducted.

V. EVALUATION AND AWARD CRITERIA: This section is in two parts. The first part, “Evaluation Criteria,” explains how the proposals will be evaluated. The second part is the “Award of Contract” clause that states how the award will be made.

A. EVALUATION CRITERIA: Proposals shall be evaluated by the ACSA using the following criteria:

Criteria Point Value

Demonstrated ability to comprehensively perform all services in this RFP 20

Demonstrated ability to perform all Azure cloud migration services in this RFP 15

Demonstrated ability to perform all ArcGIS Utility Network services in this RFP 15

Demonstrated ability to perform all Trimble Unity services in this RFP 10

Professional qualifications and experience of implementer 15

Methodology and approach of the implementer 15

Price 10

The ACSA is not obligated to make any selection or award as a result of this RFP. The Service Authority has the sole discretion and reserves the right to cancel this RFP, and to reject any and all Proposal Packages, to waive any and all informalities and/or minor irregularities, or to re-advertise with either the identical or revised scope of work, if it is judged to be in the ACSA’s best interests to do so.

B. AWARD OF CONTRACT: Procurement of professional services. The ACSA shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage, the public body may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, the ACSA shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the ACSA can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the ACSA Executive Director or Purchasing Agent determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

VI. PREPROPOSAL CONFERENCE: N/A

VII. REPORTING AND DELIVERY INSTRUCTIONS: N/A

VIII. GENERAL TERMS AND CONDITIONS:

A. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the ACSA will be used in product literature or advertising.

The contractor shall not state in any of its advertising or product literature that the ACSA has purchased or uses any of its products or services, and the contractor shall not include the ACSA in any client list in advertising and promotional materials, unless the contractor has been given written permission by a ACSA representative who is authorized to sign on behalf of the ACSA.

B. ANNOUNCEMENT OF AWARD: Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner: posting of a written notice on the ACSA webpage at www.serviceauthority.org.

C. NON-DISCRIMINATION: By submitting their proposals, offers certify to the ACSA 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 Virginias with Disabilities Act, the Americans with Disabilities Act and Virginia Code § 2.2-4311. 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 recipients 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. (Virginia Code § 2.2.4343.1(E)).

Every contract over $10,000 shall include the provisions:

1. 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 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, shall state that it 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 these requirements.

2. The contractor will include the provisions of No. 1 above in every subcontract or purchase order over

$10,000, so that the provision will be binding upon each subcontractor or vendor.

D. NON-DISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the ACSA has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

E. NON-DISCRIMINATION OF FAITH-BASED ORGANIZATIONS: The ACSA does not discriminate against faith-based organizations.

http://www.serviceauthority.org/

F. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the ACSA all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the ACSA under said contract.

G. APPLICABLE LAWS & COURTS: This procurement transaction, and any resulting contract, shall in all aspects be governed by the laws of the Commonwealth of Virginia, notwithstanding conflicts of laws, provisions and any litigation with respect thereto shall be brought in the Circuit Courts of Albemarle County, Virginia. The ACSA and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using the dispute resolution process contained within the Albemarle County Service Authority Purchasing Manual, Chapter 26-3. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

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

J. PROPOSAL ACCEPTANCE: Proposals must be submitted by the date and time stated in this solicitation.

Proposals will be date and time stamped upon receipt and retained unopened in a secure location until proposal opening. No consideration will be given to date of postmark or error in delivery to incorrect address. It is the responsibility of the offeror to ensure timely and correct delivery of proposal.

K. PROPOSAL ACCEPTANCE PERIOD: Each proposal submitted must be and remain valid for a period of at least sixty (60) days from opening date.

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

1. The parties may agree in writing 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. No fixed price contract may be increased by more than twenty percent (25%) or $50,000, whichever is greater, of the amount of the contract without the advance approval of the ACSA Finance Director or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

2. The ACSA 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 ACSA a credit for any savings.

Said compensation shall be determined by one of the following methods:

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

b. 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 ACSA’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. 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 ACSA with all vouchers and records of expenses incurred and savings realized. The ACSA 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 ACSA within thirty (30) days from the date of receipt of the written order from the ACSA. 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. 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 ACSA or with the performance of the contract generally.

M. CLARIFICATION OF TERMS: The ACSA will assume no responsibility for oral instructions, suggestion or interpretation. Any question regarding the proposal documents and/or scope of work/specifications shall be directed to the Finance Department and any material change will be submitted to all offerors through issuance of an addendum. Any questions related to this RFP MUST be submitted to Justin Ray no fewer than seven (7) work days prior to the proposal opening date specified. Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all prospective offerors without causing an unacceptable delay in the process. Any contact with any ACSA representative, other than that outlined within this solicitation, concerning this RFP is prohibited. Such unauthorized contact may disqualify your firm from this procurement.

N. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the ACSA’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the ACSA of any breach or suspected breach in the security of such information. Contractors shall allow the ACSA to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

O. CONTRACTOR’S FORMS/BOILERPLATE CONTRACTS: All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the ACSA to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the Contractor’s proposal. Under no circumstances shall the ACSA be required to agree to any contractual provision (i) that would materially conflict with any provision of this request for proposals, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, or (iii) that would, in the ACSA’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the ACSA’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the ACSA.

P. CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. The ACSA has established an administrative procedure for consideration of contractual claims, and a copy of such procedure is available upon request from the ACSA’s Finance Department. Contractual disputes shall also be subject to the provisions of Virginia Code §2.2-4363(D) and (E) (exhaustion of administrative remedies) and §2.2-4364 (legal actions).

Q. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

R. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the ACSA, 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 the ACSA may have.

S. DESIGNATED PERSONNEL: The personnel designated in the management summary for key positions shall not be changed except with the permission of the ACSA. Contractor may not substitute other staff or individual(s) without the prior, express written consent of the ACSA. The ACSA shall not be required to consent or accept any substitution(s) if to do so would require an increase in the compensation due the Contractor under this Agreement, or a reduction in the quantity or quality of the Service by this Agreement, as determined in the ACSA’s sole discretion.

T. DRUG-FREE WORKPLACE: Pursuant to Virginia Code § 2.2-4312, during the performance of this contract the contractor agrees as follows: (i) to provide a drug-free workplace for the contractor’s employees; (ii) to 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; and (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the contract awarded to a contractor in accordance with this procurement transaction, where the contractor’s employees 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.

U. ETHICS IN PUBLIC CONTRACTING: Pursuant to Virginia Code§ 2.2-4367: By submitting a proposal, the offeror certifies that their proposal is made without collusion of fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their 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.

V. HEADINGS: Section, article and paragraph headings contained within this Request for Proposals have been inserted only as a matter of convenience and for reference, and they in no way define, limit, or describe the scope or intent of any term, condition or provision of this Request for Proposals.

W. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the

ACSA, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

X. INCLEMENT WEATHER/CLOSURE OF ACSA OFFICES: If the ACSA is closed for business at the time scheduled for proposal opening, for whatever reason, sealed proposals will be accepted and opened on the next scheduled business day, at the originally scheduled time.

Y. INDEMNIFICATION: Pursuant to Virginia law, the ACSA may not indemnify any party for any purpose.

Any provisions in this agreement providing to the contrary are hereby deleted.

Z. OSHA STANDARDS: All contractors and subcontractors performing services for the ACSA are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and ACSA Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

AA. OWNERSHIP OF DOCUMENTS: All information, documents, and electronic media furnished by the ACSA to the Contractor belong to the ACSA, are furnished solely for use in connection with the Contractor’s performance of Services required by this Agreement, and shall not be used by the Contractor on any other project or in connection with any other person or entity, unless disclosure or use thereof in connection with any matter other than Services rendered to the ACSA hereunder is specifically authorized in writing by the ACSA in advance. All documents or electronic media prepared by or on behalf of the Contractor for the ACSA are the sole property of the ACSA, free of any retention rights of the Contractor. The Contractor hereby grants to the ACSA an unconditional right of use, for any purpose whatsoever, documents or electronic media prepared by or on behalf of the Contractor pursuant to this Agreement, free of any copyright claims, trade secrets, or any other proprietary rights with respect to such documents.

BB. PAYMENT:

1. To Prime Contractor:

a. The ACSA shall promptly pay for completed delivered goods or services by the required payment date. The required payment date shall be either: (i) the date on which payment is due under the terms of a contract for the provision of goods or services, or (ii) if a date is not established by contract, not more than 45 days after goods or services are received or not more than 45 days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within 20 days after the receipt of an invoice for goods or services, the ACSA shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. In the event that the ACSA fails to make payment by the require payment date, the ACSA shall pay any finance charges assessed by the supplier that shall not exceed one percent per month. In cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made.

b. Individual contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide the ACSA with a federal employer identification number, prior to receiving any payment from the ACSA.

c. 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 ACSA contract number and/or purchase order number.

d. 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 ACSA department is being billed.

e. 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, the ACSA 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 a ACSA department of its prompt payment obligations with respect to those charges which are not in dispute (Virginia Code § 2.2-4363).

2. To Subcontractors:

a. 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…