Insurance Conlting Service RFP HR_24_1601.pdf

COUNTY OF CULPEPER

RFP NO. HR-24-1601

REQUEST FOR PROPOSALS

FOR

INSURANCE CONSULTANT SERVICES

February 27, 2024

155 W. Davis Street, Suite 100 Culpeper, Virginia 22701

Table of Contents

SECTION PAGE

I. INTRODUCTION

II. SCOPE OF SERVICES

III. PROPOSAL REQUIREMENTS

IV. SUBMITTAL INSTRUCTIONS - GENERAL

V. EVALUATION PROCEDURES

VI.. QUESTIONS

VII. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS

VIII. CERTIFICATE OF NO CONLLUSTION

IX. REFERENCE

X. INSURANCE REQUIREMENTS

XI. PROPRIETARY INFORMATION

XII. PROOF OF AUTHORITY TO TRANSSACT BUSINESS IN VIRGINIA

I. INTRODUCTION

A. General Information The purpose of this Request for Proposal (RFP) is to obtain the services of a qualified Consultant licensed to consult in the Commonwealth of Virginia. The awarded Consultant shall assist in strategic planning, designing, negotiating, and implementing health care plans for Culpeper County Government, the Department of Human Services, and the Culpeper County School Board. The County has approximately 360 full-time employees; the Department of Human Services (DHS) has approximately 100 full-time employees, and the Culpeper County Schools has approximately 1100 full-time employees for a total of 1500 full-time employees. Our leadership (Board of Supervisors & School Board) is looking to ensure we have financially competitive and affordable benefit programs to offer our employees.

The County of Culpeper is located in the north-central Piedmont region of Virginia, approximately seventy-five (75) miles southwest of Washington, DC, and seventy-five (75) miles northwest of Richmond, Virginia. The County encompasses a land area of approximately 381 square miles. Due to its proximity to Washington, DC, Culpeper County has experienced consistent population growth. The latest population shows a population of 45,000. Despite population growth, the County remains primarily rural in nature.

The County of Culpeper is located in north central Virginia. The County encompasses a land area of 389 square miles that is occupied by approximately 53,552 individuals.

Present Form of Government - Traditional Board of Supervisors-County Administrator (Seven Board Members by Magisterial District).

Present Form School Board – Seven Board members by Magisterial District

Education (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 on the basis of such organization's religious or charitable character.

This procurement is governed by the procedures of the 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.

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

Offerors may submit estimated man-hours or cost for services with their proposals. At the discussion stage, the County will discuss non-binding estimates of cost.

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

All references to "County," "Schools,", “DHS”, "Culpeper County Government," Culpeper County Schools", Culpeper County Department of Human Services mean "County of Culpeper, Virginia."

To be considered, one (1) original and three (3) copies (3 thumb drives acceptable) of a proposal must be received by 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., on Thursday, March 21, 2024. The County of Culpeper reserves the right to reject any or all proposals submitted.

During the evaluation process, the Selection Committee and the County of Culpeper reserve 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 Selection Committee, consultants 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 Consultant of the conditions contained in this request for proposals unless clearly and specifically noted in the contract between the County of Culpeper and the Consultant selected.

It is anticipated the selection of the Consultant may be completed in April/May 2024. Following the notification of the selected Consultant it is expected a contract may be executed between both parties between July and September 2024.

The contract shall be effective upon a Notice to Proceed issued by the County.

The period of the contract shall be for three (3) years from the Notice of Proceed.

The County shall have the right to automatically renew this agreement for two (2) additional one-year terms under the same terms and conditions of the original contract.

II. SCOPE OF SERVICES

Culpeper County requires an Insurance Consultant that is not affiliated with any insurance company, third party administrative agency or provider network. The consultant firm must have experience (no less than 5 years) in providing insurance consulting services in the public sector arena and the County environment for employers with at least 500 employees. Culpeper County requires the following services:

Provide benefits information to enable the County to make effective decisions in developing an overall employee benefits program that is comprehensive and meets established objectives with respect to cost and competitiveness to attract and retain employees.

Recommend alternative benefit plan designs, delivery systems, funding and communication methods dictated by environmental/regulator changes and emerging technologies and trends.

Perform research and provide responses, consultation and guidance to questions posed by the County.

Provide consultation and guidance with respect to government mandates such as PPACA, FMLA, COBRA, HIPPA, ADA, USERRA, etc.

Be available to meet with the Culpeper County Government & Schools as needed.

Provide day-to-day consultation on matters including, but not limited to, plan interpretation and problem resolution, including attendance at quarterly meetings, or more often, if necessary, to facilitate and assist in the management of the programs.

Maintain full and accurate records with respect to all matters and services provided to the owner for a minimum of five (5) years from contract inception.

Advise and assist the County with benefit plan communications to employees annually, during open enrollment, as regulatory changes occur and as needed.

Audit resulting contracts for accuracy of coverage, terms, and conditions.

Assist with annual benefits renewals, including negotiation of changes in contracts.

Advise and assist in developing, implementing, and conducting open enrollment.

Working with Culpeper County Procurement when employee benefits are marketed, prepare bid specifications, identify appropriate markets, analyze proposals submitted, make recommendations, and assist in negotiation of contracts.

Continuous review of benefit plans for quality of benefits provided cost effectiveness, competitiveness, and plan administration. To include:

1. Budget preparation, including, but not limited to, cost trends and multiple year projections.

2. Employer & employee contribution for proper funding (Annual Requirement) and recommend employer and employee premium rate structure.

3. Summarize in layman's language policy terms, exclusions, deductibles, claims reporting requirements and any other pertinent information.

4. Compliance with government regulations.

Monitor ongoing contracts, including provider plan administration, provider compliance with contract, and incurred claims.

Provide information on employee benefit issues, trends and proposed or new legislation.

Provide a key contact person to be available to answer questions and resolve issues that arise during the year regarding employee benefits, contract administration, and service provisions.

Provide a benefit management system that may be used year-round for enrollments (new hires, qualifying events, open enrollment, etc.).

Perform other related consultation services as needed or requested.

III. PROPOSAL REQUIREMENTS

A. The proposal shall provide all information necessary for the County of Culpeper to evaluate the suitability of the proposed firm to provide the insurance consulting services described herein. The proposal shall demonstrate the experience, resources, and capabilities of the Proposer to perform these services. Each Proposer submitting a proposal shall include a statement that they are willing and able to provide all the insurance consulting services as required by the County. The proposal evaluation criteria are set forth in greater detail in Section VII.

B. The proposal shall contain a CONCISE summary of the subject items described in the proposal evaluation criteria and should include the following sections: Summary of Qualifications; Organizational Structure; Insurance Consultant Services Approach;

Past Experience and References; and Key Personnel.

C. Proposer shall provide the following information and documentation with their proposal documents:

i. Describe your organizational structure (i.e., publicly held corporation, partnership, etc.). Confirm that you serve as an Insurance Consultant and are not affiliated with any insurance company, third-party administrative agency, or provider network.

ii. Briefly describe your company’s organization, philosophy, and management.

Also, provide a brief company history. Describe your contractual relationships, if any, with organizations necessary to your proposals’ implementation (i.e., health insurance companies, actuarial services, data information services?

1. Provide a list of the vendors you have relationships with regards to health (medical & dental) insurance plans.

iii. Specify the individuals(s) who would be assigned to the contract the level of their experience including credentials, related experience, training, and education of the personnel. Provide verification that they are licensed for this type of service as required by the Code of Virginia. Provide the location of the office that will have the responsibility for providing services, and any other factors related to response capability.

iv. Provide documents and/or reports, which shall include, but not limited to, the Work Plan, Strategic Planning Report, Claims Experience Audit Report, etc.

v. How long has your organization been providing insurance consulting services?

vi. The number of clients your organization presently has. Typically, how many clients does each Insurance Consultant manage?

vii. What is your target client size?

viii. What is your median client size? What is the name of your largest client and your smallest client?

ix. How many public sector clients do you personally manage?

x. Average response time to questions posed from your clients? How do you handle follow up to outstanding items? What is your preferred method of communicating with your clients (i.e. voicemail, e-mail, fax)?

xi. Provide a list of four (4) verifiable clients reference of similar scope and industry, all of whom are able to comment on your organization’s relevant experience. This list should include at least three (3) active clients references that are similar in nature and size to Culpeper County Government & Schools, and one reference from a former client. Please include company name, contract name, telephone number and size of the company’s workforce. It is the vendor’s responsibility to provide valid reference information and the County reserves the right to use reference checks in tis evaluation of proposals.

xii. Briefly describe the level of service and support provided by your Insurance

Consultants on a day-to-day basis.

xiii. What steps does your organization take to ensure that key personnel are educated on current market trends and legislative developments? How is this information communicated to your clients?

xiv. Describe how you propose to build and understanding of the direction and priorities of Culpeper County Government & Schools, and how you would utilize this information in order to anticipate our needs in relation to benefits.

xv. Detail how your organization participates in developing a strategic benefit plan with your clients.

xvi. Describe your organization’s involvement in the annual renewal process.

Include information regarding process timeframes, negotiation or rates and vendor selection.

xvii. Describe the process of how your organization would assist Culpeper County

Government & Schools, in selecting a new insurance vendor. Include how your company’s experience and expertise would benefit the County.

xviii. Describe the process for providing planning recommendations to your clients?

xix. How does your organization strive to streamline benefits administration for your clients? Include any services you provide for automation of the benefit process (i.e. electronic capabilities, outsourcing options). Attach any associated costs for these services on a separate fee schedule.

xx. Detail how you develop a benefit communications strategy with your clients.

Include what tools or resources you have available to assist your clients in effectively communication not only the specific plan details, but also the value of the benefits offered?

xxi. The training resources your organization provides to assist clients in education and training their benefit staff?

xxii. What makes your organization unique from other organizations that may submit proposals for the County’s consideration?

xxiii. Does your firm have an in-house data analytics team? Does your firm have programs to educate employees on various topics?

xxiv. Does your firm offer Medicare advisory services for our employees?

xxv. What specific resource does your firm provide to help clients comply with all federal and state laws regarding benefits?

xxvi. Describe how your firm informs clients about current and pending legislation relating to all aspects of health insurance.

xxvii. What services/tools will be provided to implement and support a company wellness program?

xxviii. How can your firm assist our organization in motivating our employees to develop healthy behaviors?

xxix. Identify any wellness services that are subject to separate fees; specify the associated fees. List any fees not categorized that may be assessed.

xxx. Provide any additional information regarding your organization or services that you feel would be beneficial in helping the County to select an Insurance Consultant.

IV. SUBMITTAL INSTRUCTIONS - GENERAL

Each offeror shall submit one (1) original and three (3) copies (CD copies of the proposal may be submitted) of its proposal.

Each proposal shall be in writing. Oral proposals, proposals received by telephone, telecopier, fax or telegraph, shall be rejected.

Offerors are not to submit estimated man-hours or cost for services with their proposals. At the discussion stage, the County may discuss non-binding estimates of cost.

Each proposal shall be submitted in a sealed envelope with the outside of the envelope stating the name of the offeror, its mailing address, its telephone number, and the following identification:

“RFP #HR-24-1601: PROPOSAL FOR INSURANCE CONSULTANT SERVICES”

If a proposal is delivered by mail or by a parcel service, it shall be enclosed in an inner envelope/package labeled as required in the previous statement, and the inner envelope/package shall be enclosed in a mailing envelope or package.

The proposal must be signed by a person in order to be considered. If the offeror is a corporation, limited liability company, or other business organization, the proposal must be submitted in the name of the corporation or business, not simply the corporation’s or business’s trade name. The offeror must state the corporate or other title of the individual signing the proposal and shall state that such individual is authorized to act on behalf of the offeror. The Signature/Certificate of no collusion sheet is the last page of this proposal and shall be signed.

All erasures, interpolations and other changes in the proposal shall be signed or initialed by the offeror. A proposal containing any conditions, omissions, erasures, alternations, or items not called for in the request for proposal may be rejected by the County as incomplete.

SUBMITTAL AND RECEIPT OF PROPOSALS: Each proposal must be received in the Culpeper County Purchasing Office, located at 155 W. Davis Street, Suite 100, Culpeper, Virginia 22701, no later than 2:00 P.M. on Thursday, March 21, 2024.

Proposal not received in the Culpeper County Purchasing Office by the date and time requested, for any reason whatsoever, will be rejected as untimely.

Each proposal will be time stamped upon its receipt and will be retained unopened in a secure location until the time and date set for the receipt of the proposals. The time for the receipt of proposals shall be determined by the time stamp in the Purchasing Office.

Each offeror is responsible for assuring that its proposal is stamped by the Purchasing Office personnel by the deadline indicated.

In determining whether a mailed proposal is timely, no consideration will be given to the date of the postmark.

Each late proposal shall be returned unopened to the offeror.

IDENTIFICATION OF PROPRIETARY INFORMATION: Trade secrets or proprietary information submitted in a proposal shall not be subject to disclosure under the Virginia Freedom of Information Act. However, in order for this information to be protected from disclosure, the offeror must specifically invoke the protections of Code of Virginia Sec.

2.2-4342 prior to or upon submission of the trade secrets or proprietary information. The offeror must clearly identify any part of its proposal considered to be protected as a trade secret or as proprietary information and must state the reasons why protection is necessary.

Any offeror shall identify a trade secret or proprietary information by clearly stating “Trade Secret” or “Proprietary Information” adjacent to the particular information, and by clearly identifying the information to be subject to the protection, such as by encircling, highlighting, underlining or other similar means. The offeror shall state the reasons why protection is necessary on a separate page of the proposal.

Any offeror shall not identify as a trade secret or proprietary information those sections of the proposal that are material to Culpeper County’s ultimate award of the contract.

The County reserves the right to contact an offeror and to request that the offeror explain or clarify why the offeror identified certain information as a trade secret or as proprietary information.

Any offeror shall not identify as trade secret or proprietary information their entire, completed proposal.

ADDENDA: An offeror who requests clarification or interpretation of or improvements to this RFP’s general terms, conditions, specifications or requirements shall make a written request which must be received in the Culpeper County Purchasing Office at least seven (7) calendar days prior to the date set for the receipt of proposals.

If the Culpeper County Purchasing Office determines clarification or further information is necessary, it shall issue an addendum to this RFP. The addendum shall be issued no later than five calendar days prior to the date set for the receipt of proposals.

An addendum extending the date for the receipt of proposals or withdrawing this RFP may be issued at any time prior to the date set for the receipt of proposals.

It is the responsibility of each prospective offeror to provide the Culpeper County Purchasing Office with the name, address, telephone number and e-mail address of the person to whom addenda should be sent.

COMMENTS: It is Culpeper County’s intent that this RFP promote competition. Each offeror is responsible for advising the County if any language, requirements, specifications, or other elements of this RFP inadvertently restrict or limit the requirements stated in this RFP to a single source. The notification must be received by the Culpeper County Purchasing Office not later than seven days prior to the date set for the receipt of the proposals. A review of such notifications will be made.

Culpeper County solicits comments from all Offerors concerning this RFP.

V. EVALUATION PROCEDURES

The Evaluation Team will independently read, review and evaluate each proposal and a recommendation will be made on the basis of the criteria listed below.

1. Qualification and experience of the firm. (30 Points)

2. Availability to meet with County staff, as necessary and communicate with appropriate County officials. (10 Points)

3. Performance record and demonstrated ability to work with a governmental organization. (25 Points)

4. Completeness of proposal preparation and general understanding of the scope of work. (20 Points)

5. Qualifications and experience of personnel likely to be assigned to County projects. (15 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 committee will conduct interviews with the top-ranked firms. During the interview process, non-binding price proposals and costing data can be discussed. Once these interviews and discussions are completed, including the non-binding estimates of cost, the committee will finalize the rankings, including consideration of costs of services. Final negotiations for a binding estimate of cost will begin with the top-ranked firm. If a contract acceptable to the County cannot be negotiated at a price considered fair and reasonable, 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.

VI. QUESTIONS

Any questions pertaining to the Scope of Work, or other solicitation documents must be received in writing by the Culpeper County Purchasing Office, before 10:00 A.M. on Tuesday, March 12, 2024, to:

Culpeper County Purchasing Department

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

VII. 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 an 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 seven (7) 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 s 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 IN SECTION V (ON PAGE 10)

RFP NUMBER – HR-24-1601

TITLE – INSURANCE CONSULTANT SERVICES

BID/PROPOSAL DUE DATE AND TIME – THURSDAY, MARCH 21, 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 the 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 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 assignable 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…