GILES COUNTY

ENGINEERING SERVICES

REQUEST FOR

PROPOSAL

NEWPORT COMMUNITY SIDEWALK PROJECT

EXECUTIVE SUMMARY

Giles County, Virginia (herein Giles County) is seeking Offerors for consideration of providing engineering services for design of the Newport Community Sidewalk Project. Please provide an Expression of Interest (EOI) in accordance with the attached solicitation for this Request for Proposal (RFP).

Funding:

Type of Contract:

Number of Awards:

Estimated Contract Value:

Contract Duration:

DBE Goal

SWaM Goal:

Procurement Contact:

Federal-Aid, State-Aid and Local Funds

Project Specific Contract

One (1)

$1,562,051

42 to 54 months

0% not applicable

Giles County John Hale, Special Projects Manager 1 Taylor Ave, Ste 2, Pearisburg, VA 24134 Email: jhale@gilescounty.org

Tentative Procurement Schedule:

• Expression of Interest Due: October 14, 2026, 3:00 pm

• Short List Posted on the Giles County Website: October 28, 2026

• Interviews/Technical Presentations –November 10, 2026

• Final Consultant Selection – November 20, 2026

• Selected Consultant Pre-Award Documents Due: December 4, 2026

• Completed Negotiations Agreement Due: January 4, 2027

• Consultant Contract Signed: January 25, 2027

EOI Evaluation Criteria:

Evaluation Criteria for Scope of Services

(Score Range 1 – 10) Weight Factor

1. Prime/Team Experience Technical Ability 20

2. Key Personnel Experience/Technical Ability 30

3. Qualifications of Project Manager 10

4. Organizational Capability 20

5. Quality of Workmanship and Performance 10

6. Understanding of Scope of Services 5

7. Present Workload 5

Section I. Introduction

Giles County submits this Request for Proposal (RFP) to solicit for consultant firms/teams interested to serve as the Prime Consultant for design for the Newport Community Sidewalk Project consisting of the design and construction of pedestrian bridge seventy (70) feet in length and approximately four hundred seventy five (475) feet of sidewalk along Bluegrass Trail Road from Seven Oaks Road to the Village of Newport Community Park. All Offerors shall submit one electronic copy to jhale@gilescounty.org or, if sending by other means, submit three (3) paper copies, including one hardcopy marked “Original” to be received no later than October 14, 2026 at 3:00 PM, EDT). Responses received after this date and time will not be considered. An Offeror shall not submit more than one EOI in response to this RFP, otherwise the Offeror shall be disqualified. All hard-copy deliveries shall be made to the procurement contact on the Executive Summary. Offerors choosing to submit the EOI through hard copy delivery must include the entire EOI submittal as a single cohesive PDF on a USB flash drive. All text in the PDF shall be searchable with exception of illustrations and scanned registration documents.

Giles County reserves the right to accept or reject any or all ROIs received, to negotiate with any qualified Offeror or to modify or cancel in part or in its entirety this RFP, and does not commit to provide any payment for costs associated with the preparation of RFPs submitted in response to this request. The Offeror’s EOI must meet all requirements established in this RFP. Failure to meet an RFP requirement may render a EOI non-responsive as solely determined by Giles County.

Giles County reserves the right to alter the project delivery method at any time during the contract period. Giles County will notify the consultant of such decision, revise the scope of services and respective man-hours. The change will be implemented utilizing an additional task order or supplemental agreement based on the contract type.

All procurement related questions or information should be directed to John Hale, Special Projects Manager, email: jhale@gilescounty.org, Phone (540) 921-2525 ext 1121. Giles County disclaims the accuracy of information derived from any source other than the POC, and the use of any such information is at the sole risk of the Offeror.

Section II. Procurement Schedule and Evaluation Criteria and Technical Presentations

Giles County, in its sole discretion, reserves the right to modify the tentative procurement schedule as shown on the Executive Summary as it finds necessary. Offerors who submit a proposal in response to this RFP may be required to give a technical presentation of their proposal to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact-finding and explanation session only and does not include negotiation. Technical presentations are an option of Giles County and may or may not be conducted.

The date of the technical presentation is as shown on the Executive Summary.

A Selection Committee consisting of Giles County staff will evaluate and score each Offeror’s EOI against the evaluation criteria as shown on the Executive Summary. The short-listed and/or top ranked Offeror(s) will be notified in writing by Giles County and scheduled for an interview at a later date. Giles County reserves the right to consider as part of the evaluation of the Project Manager, Key Personnel, and Offeror’s Team, their availability and/or performance on past VDOT, Giles County, and other projects through review of VDOT and Giles County records such as reference checks with Project Managers, including other clients.

Section III. Scope of Work

There is no guarantee that any projects, contracts, or task orders will be identified for this RFP. The decision to include these services under a project, contract, and/or specific task order is solely based on Giles County. This work is to be accomplished utilizing computerized design and drafting systems compatible with Giles County automated design and drafting systems, (e.g. AUTOCAD). The work shall be developed utilizing applicable standards and practices such as Giles County Specifications and Standard Details, VDOT and FHWA mailto:jhale@gilescounty.org mailto:jhale@gilescounty.org requirements and guidelines.

a. The purpose of the project is to provide pedestrian accessibility from Seven Oaks Drive in Newport, VA to the Village of Newport Community Park, along and adjacent to the southeastern right of way line of Bluegrass Trail Road.

b. The project entails design, right of way acquisition if necessary and construction of a pedestrian bridge seventy (70) feet in length and approximately four hundred seventy five (475) feet of sidewalk along Bluegrass Trail Road from Seven Oaks Road to the Village of Newport Community Park.

c. Expected services include the following:

i. Preliminary Engineering: Design of pedestrian bridge and location of sidewalk to be constructed utilizing existing VDOT right of way to the extent feasible. Prepare survey map showing location of sidewalk and pedestrian bridge. Mapping should identify any utilities that could be affected by construction and whether or not utility relocation is necessary. For pedestrian bridge evaluate feasibility of attaching pedestrian bridge to existing highway bridge. Design should consider available funds for construction as set forth in the Project Administration Agreement.

VDOT will perform environmental work necessary for advertisement, including NEPA and threatened and endangered species clearance using the VDOT streamlined process. The Engineer will be responsible for providing VDOT with documentation for required permits to support the NEPA document for any additional post-NEPA coordination/investigation needed to obtain final environmental clearances and any required permits. Consultant will also assist in the preparation of the RFP and supporting documentation to procure construction once any necessary right of way has been acquired.

ii. Right of Way: Survey mapping showing property to be acquired for construction of the sidewalk and pedestrian bridge, adequate to identify current ownership and description of area to be acquired.

Detailed mapping is not required for project areas that are within existing VDOT right of way, but those areas should be shown on the map.

iii. Construction: Inspection of construction as necessary to ensure that construction complies with project design requirements.

d. Available Documents: Standard Project Administration Agreement dated July 10, 2026, for Project Number EN26-035-632 consisting of nineteen (19) pages, including Appendix A, B and C.

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Section IV. Expression of Interest (EOI) Requirements

Organize the EOI in the following order and address the solicitation instructions, evaluation factors, and each element of the Scope of Work: (No additional pages may be included in the EOI)

EOI Submittal Components Table of Contents The consultant shall provide a table of contents for the proposal limited to one (1) page

Transmittal Letter

The letter, addressed to the Procurement Officer, should identify the principal point of contact for the Offeror by name, title, mailing address, telephone, facsimile, and email address.

Fully Completed Standard Form 330 and Requested Submittals*

* (Follow Standard Form 330 (gsa.gov) instructions unless indicated otherwise within this RFP)

a) SF 330 Parts I & II are required from the prime consultant

b) SF 330 Part II is required from all subconsultants.

c) Proposed Team. Include all firms of the proposed team; indicate roles and responsibilities of each team member; identify which firm is the Prime. (SF 330 Part I, Section C)

d) Organizational Chart. Show all firms, Key Personnel, assignments, responsibilities, staff names, working titles, and additional personnel classifications. One (1) page, 8.5” x 11”; (11” x 17” folded is acceptable). (SF 330 Part I, Section D)

e) Key Personnel/Project Manager Resumes. Provide resume for each Key Personnel and the Project Manager listing project names, task assignment, role, and length of time on the project. (SF 330 Part I, Section E). Two (2) page limit per person; font at least 10 point.

f) Team Example Projects. Demonstrate team qualifications/experience listing relevant examples matching work described in the Scope of Services. Max limit of seven (7) example projects including graphics, one (1) page per project, single sided/spaced (SF 330 Part I, Section F)

g) Key Personnel/Project Manager Example Projects. Detail example projects demonstrating Key Personnel and Project Manager qualifications to perform the work described in the Scope of Services.

Limit examples to five (5) projects per person including graphics; limit one (1) page per project.

Relevant projects should match 3.b. (SF 330 Part I, Section G)

h) Additional Information. Discuss detailed plan assuring availability of proposed staff, ability to timely complete the work, size of the team relative to the size of the project, and proposed project resources (disciplines/roles including sub-consultants) for the RFP requested services. Include additional information about non-Key Personnel project staff, and any computer, CADD equipment, and specialized computer software packages planned for use during the duration of the contract. Please do not include duplicate information, resumes, and examples in the Standard Form 330. 5 page limit including graphics. single sided/spaced (SF 330 Part I, Section H).

Understanding of Scope of Work

a) Provide information indicating the Offeror’s understanding of the Scope of Work. 5 page limit.

b) Use this area to insert Technical Response/Scenario Questions. 5 page limit.

Non- Professional Services

Acknowledgement of Offeror’s In-House Capacity to Provide Non-Professional Services. If Offeror’s team does not have in-house capability to provide non-professional services, each with an estimated cost of $5,000 or greater, subcontract such services using State procurement procedures once a contract is executed for this RFP. DBE or SWaM credit disallowed. Clearly indicate Non-Professional services provided in the EOI.

Certification Regarding Debarment

All firms shall complete this form. Debarment is a factor in determining Award. For any noted condition, indicate whom it applies, initiating agency, and dates of action. Providing false information may result in Federal criminal prosecution or administrative sanctions.

Affiliated and/or subsidiary companies

Provide names and detailed addresses of all affiliated and/or subsidiary companies for all team members, including sub-consultants. Indicate which companies are subsidiaries. If unsure whether another firm is or is not an affiliate, identify as affiliate and list the firm accordingly.

Registration and Business License Requirements

Convey the requested information for each regulant in a concise table or matrix. (Include full size copies of the SCC and DPOR supporting registration documents. (not counted towards page restriction).

https://www.gsa.gov/system/files/SF330-21.pdf https://www.gsa.gov/system/files/SF330-21.pdf

Additional Mandatory Submittals

• Attachment A - Disadvantaged Business Enterprises (DBEs)

• Attachment H - USDOT 1050.2A (Appendix A and Appendix E)

• DBE/SWaM Verification Letter (include when using a DBE/SWaM)

• Form C-49 PSC (all parts)

• Form C-63 Vendor Compliance Report

Additional Mandatory Submittals

When Prime has subconsultants as part of the team)

• Attachment F - Subconsultant Solicitation Form

• Form C-48 PSC (Small Business Subcontracting Plan)

Additional Mandatory Submittals

When Present Workload is part of the Evaluation Criteria)

• Attachment C - Present Workload Instructions, Present Workload Table, and Example Shortlist

Scoresheet Additional Mandatory Submittals

When there is a Conflict of Interest)

• Conflict of Interest (See RFP Section V.5 – Conflict of Interest)

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Section V. Mandatory Administrative and Contract Terms

1. Escalation Rate.

• PROFESSIONAL SERVICES SUPPORT: Based upon the procurement and contract schedule, the approved escalation rate for this contract is 2.5% for year one (1) and 5% for year two (2). For each subsequent year, the escalation will be applied according to VDOT’s published escalation rate for professional services.

2. Method of Payment.

Giles County has selected the following method of payment for this contract:

Lump Sum. The method of payment for this contract will be lump sum. For purpose of determining the lump sum fee, an overhead rate shall be established in compliance with cost principles contained in the Federal Acquisition Regulations (FAR) of Part 31 of Title 48 of the Code of Federal Regulations. The overhead rate shall be established by an audit by a cognizant government agency or independent CPA firm.

3. Key personnel

Key personnel are defined as those to whom the contract will be assigned and who will be performing the actual management of the work and be responsible for inspection, administrative and design services. All individuals identified as Key Personnel in the EOI shall remain on the Consultant’s Team for the duration of the procurement process and, if the consultant is awarded a contract, the duration of the contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to the Giles County Project Manager for approval, who, at their sole discretion, will determine whether to authorize a change.

Unauthorized changes to the Consultant’s Key Personnel at any time during the procurement process may result in elimination of the Consultant’s Team from further consideration.

4. Compliance with Laws and Regulations

The Consultant shall keep fully informed of all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on this Agreement, or which in any way affect the conduct of the services provided by the Consultant. It shall at all times observe and comply with, and shall cause its agents, subcontractors and employees to observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Commonwealth of Virginia, the Department and its employees and appointees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its agents, subcontractors or employees. If any discrepancy or inconsistency is discovered between this Agreement and any such law, ordinance, regulation, order, or decree, the Consultant shall immediately report the same to the Department in writing.

In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, the Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to:

a. withholding of payments to the Consultant under this Agreement until the Consultant complies;

and/or

b. cancellation, termination or suspension of this Agreement, in whole or in part.

Section 49 CFR 21 is incorporated by reference in all contracts and subcontracts funded in whole or in part with federal funds.

https://www.vdot.virginia.gov/doing-business/business-opportunities/consultants/indirect-cost-rate-audits/

5. Conflict of Interest

Each firm/team shall require its proposed members to identify potential conflicts of interest of a real or perceived competitive advantage relative to this procurement. Firms/teams are notified that prior or existing contractual obligations between a company and a federal or state agency relative to the contract may present a conflict of interest or a competitive advantage. If a potential conflict of interest or competitive advantage is identified, the firm/team shall submit in writing the pertinent information to Giles County POC.

Giles County, in its sole discretion, will make a determination relative to potential organizational conflicts of interest or a real or perceived competitive advantage, and its ability to mitigate such a conflict. An organization determined to have a conflict of interest or competitive advantage relative to this procurement that cannot be mitigated, shall not be allowed to participate as a team member for the project. Failure to abide by Giles County determination in this matter may result in a EOI being declared non-responsive.

No member of or delegate to the Congress of the United States shall be entitled to any share or part of this Agreement or to any benefit arising therefrom. The Consultant shall not engage the services of any person employed by Giles County on any services covered by this Agreement without written permission of Giles County. Written permission will not be granted for any employee having official responsibility, as that term is defined in Section 2.2-4368 of the Code of Virginia, who dealt in an official capacity with the Consultant concerning procurement during his employment or for a period of one year from cessation of employment by Giles County unless the employee or former employee provides written notification to Giles County and receives written permission prior to commencement of employment by the Consultant. Any violation of these provisions by the Consultant shall be a basis for immediate termination of this agreement for cause.

6. Virginia Prohibited Employment Discrimination

The Consultant, its agents, employees, assigns or successors, and any person, firm, or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of the Section 2.2- 4311 of the Code of Virginia (1950), as amended, and Executive Order 61 (2017). During the performance of this Agreement, the Consultant agrees as follows:

a. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, or 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 Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the contractor has contracts of over $10,000.

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

c. 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.

d. If the Consultant employs more than five employees, the Consultant shall (i) provide annual training on the Consultant's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the Consultant's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the Consultant owns or leases for business purposes and (b) the Consultant's employee handbook.

The Consultant will include the provisions of the foregoing paragraphs “a”, “b”, “c” and “d” in every subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each subcontractor or vendor.

7. Debarment

All firms shall fully complete and include the following forms:

• Certification Regarding Debarment – Primary Covered Transactions (Prime Consultant)

• Certification Regarding Debarment – Lower Tier Covered Transactions (Sub Consultant)

8. eVA Business-to-Government Vendor Registration (Commonwealth of Virginia Requirement)

The eVA Internet electronic procurement solution, web site portal (https://eva.virginia.gov/index.html), streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution through either eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. For more detail information regarding eVA, registrations, fee schedule, and transaction fee, use the website link:

https://eva.virginia.gov/index.html. All bidders or offerors must register in eVA; failure to register may result in the bid/proposal/expression of interest being rejected.

9. Award Protest.

Any offeror who desires to protest the award of a contract shall submit such protest in writing to John Hale, no later than ten days after the announcement of the award. Public announcement of the award shall be posted on the Department’s Business Center Internet site.

10. Registration and Business License Requirements

Failure to comply with the law with regard to those requirements in Virginia (whether federal or state) at the time of the EOI submittal regarding your organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature may render your EOI submittal(s), in the sole and reasonable discretion of the Department, non-responsive and in that event your EOI submittal(s) may be returned without any consideration or evaluation.

All business entities (prime and subconsultants) on the Offeror’s proposed team must comply with the law with regard to their organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, commercial, individual, or professional in nature, and nothing herein is intended to contradict, nor to supersede, State and Federal laws and regulations regarding the same.

Each business entity (prime and subconsultants) on the Offeror’s proposed team shall be eligible at the time of their EOI submittal, under the law and relevant regulations, to offer and to provide any services proposed or related to this RFP. Unless exempted by §§ 54.1-401, 54.1-402, or 54.1-402.1 of the Code of Virginia, any person, partnership, corporation, or other entity offering or practicing architecture, engineering, or land surveying shall be registered or licensed in accordance with the provision of Chapter 4, Title 54.1 of the Code of Virginia. All business entities on the Offeror’s proposed team shall satisfy all commercial and professional registration requirements, including, but not limited to those requirements of the Virginia State Corporation Commission (SCC) and the Virginia Department of Professional and Occupational Regulations (DPOR). Full size copies of DPOR licenses and SCC registrations, or evidence indicating the same, should be included in the appendix of the RFP.

All business entities, except for sole proprietorships, are required to register with the Virginia State Corporation Commission (A Business Registration Guide is available on the Internet at https://scc.virginia.gov/). Foreign Professional corporations and Foreign Professional Limited Liability Companies must possess a https://eva.virginia.gov/index.html https://eva.virginia.gov/index.html https://scc.virginia.gov/

Commonwealth of Virginia Certificate of Authority from the State Corporation Commission to render professional services. Any business entity other than a professional corporation, professional limited liability company or sole proprietorships that do not employ other individuals for which licensing is required must be registered in the Commonwealth of Virginia with the Department of Professional and Occupational Regulation, Virginia Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects (https://dpor.virginiainteractive.org/Boards/APELS). Board regulations require that all professional corporations and business entities that have branch offices located in Virginia which offer or render any professional services relating to the professions regulated by the Board be registered with the Board. Registration involves completing the required application and submitting the required registration fee for each and every branch office location in the commonwealth. All branch offices which offer or render any professional service must have at least one full-time resident professional in responsible charge that is licensed in the profession offered or rendered at each branch. All firms involved that are to provide professional services must meet this criterion prior to submitting a EOI to Giles County. Individual engineers shall meet the requirements of Chapter 4, Title

54.1 of the Code of Virginia.

11. Hardware/Software/Firmware

The consultant shall not be responsible for correcting any product(s) (e.g., hardware, software, firmware) which were not provided under the agreement or for correcting any previously owned VDOT products that are used in combination with the VDOT product(s). However, if this solicitation identifies any product or sources of data to be used in combination with the product(s) delivered under the resulting agreement, the consultant shall be responsible for providing all necessary interface(s) or other appropriate means for assuring that date data output from such other product(s) or source(s) is automatically corrected before being processed by the product(s) or system provided under this agreement.

12. State of Virginia Nondiscrimination Provision

For state-funded projects, construction contractors and consultants must abide by Title 2.2, chapter 43 of the Code of Virginia (the Public Procurement Act) that declares it to be the policy of the Commonwealth of Virginia that discrimination on the grounds of race, color, or national origin shall not occur in connection with programs and activities receiving state financial assistance.

13. Public Inspection of Certain Records and Virginia Freedom of Information Act

All RFPs submitted to Giles County become the property of Giles County and are subject to the disclosure requirements of Section 2.2-4342 of the Virginia Public Procurement Act and the Virginia Freedom of Information Act (FOIA) (Section 2.2-3700 et seq. of the Code of Virginia). Offerors are advised to familiarize themselves with the provisions of each Act referenced herein to ensure that documents identified as confidential will not be subject to disclosure under FOIA.

If a responding Offeror has special concerns about information which it desires to make available to Giles County but believes that it constitutes a trade secret, proprietary information, or other confidential information exempted from disclosure, such responding Offeror should specifically and conspicuously designate that information as such in its RFP and state in writing why protection of that information is needed. The Offeror should make a written request to Giles County POC. In order to receive protection, Offeror must:

a) Invoke the protection in writing prior to or upon submission of the data or other materials

b) Identify the data or other materials to be protected

c) Suggested forms of designation include: creating a Table/Form listing the RFQ Section, Tab, or Page numbers; attaching to this form a copy of the table of contents from your RFQ with the relevant trade secret or proprietary contents highlighted; or identifying herein a document stamp used within the RFQ to designate the relevant materials (e.g. “all portions of the RFQ marked “Proprietary” or “Trade Secret””). NOTE: The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable.

https://dpor.virginiainteractive.org/Boards/APELS

d) State the reason(s) why protection is necessary. NOTE: For each distinct section of data or other information identified in response to item (b) your explanation must do more than simply stating the materials are “proprietary,” or “trade secrets,” or “not publicly available.”

e) Each of these requirements must be met with respect to the particular information for which protection is sought. It is incumbent upon each vendor to meet the prerequisites for protection of their trade secrets or proprietary information. Offerors are encouraged to consult with their legal counsel prior to designation of materials for protection. In no event shall Giles County be liable to an Offeror for the disclosure of all or a portion of a RFP submitted pursuant to this request not properly identified as confidential.

f) Failure to take such precautions prior to submission of a RFP may subject confidential information to disclosure under the Virginia FOIA.

14. Affiliate

Any business entity which is closely associated to another business entity so that one entity controls or has the power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party, but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving are not considered affiliates.

Section VI. Mandatory Federal-Aid Provisions

1. Americans with Disabilities Act

The Consultant shall comply with the Americans with Disabilities Act (ADA), and with the provisions of the Virginians with Disabilities Act, Sections 51.5-40 through 51.5-46 of the Code of Virginia (1950), as amended, the terms of which are incorporated herein by reference.

2. Title VI – Nondiscrimination in Federally Assisted Programs

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

A. Mandatory Attachments and Reporting. During the performance of this Agreement, the Consultant, for itself, its assignees and successors in interest (herein referred to as “the Consultant”), shall comply with the provisions of USDOT 1050.2A, Appendices A and E, which are attached, in addition to the following provisions:

a. Consultants and subconsultants shall include Appendices A and E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

b. Consultants and subconsultants shall submit an updated Title VI Evaluation Report annually and/or in accordance with the locality’s VDOT approved Title VI Implementation Plan for as long as the Consultant or subconsultant is performing in accordance with this Agreement.

B. Title VI NON-DISCRIMINATION PROVISION: The Consultant agrees to abide by the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 2000e), which prohibits discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, sex or national origin.

3. Title VII - Equal Employment Opportunity

The Consultant agrees to abide by the provisions of Title VII of the Civil Rights Act of 1964 (42 USC 2000e), Executive Order No. 11246 entitled “Equal Employment Opportunity,” as amended by Executive Order No.

11375 and as supplemented in the Department of Labor Regulations (41 CFR Part 60), which prohibit discrimination on the basis of race, color, religion, sex, or national origin, pregnancy, age, and disability or any other basis prohibited by state law relating to discrimination in employment.

4. Federal Acquisition Regulation (FAR) Audit

• All Offerors submitting EOIs (prime consultants, joint ventures and sub-consultants) must have internal control systems in place that meet Federal requirements for accounting. These systems must comply with requirements of 48CFR31, “Federal Acquisition Regulations. Contract Cost Principles and Procedures,” and 23CFR172, “Administration of Negotiated Contracts.” All Offerors selected for a project (prime consultants, joint ventures and sub-consultants) must submit their FAR approved rates along with a Contractor Cost Certification for indirect cost rates required by FHWA order 4470.1A dated October 27, 2010 to VDOT within ten (10) business days of being notified of their selection, whereby an official of an Offeror shall certify that the indirect cost rate submitted does not include any costs which are expressly unallowable and that the indirect cost rate was established only with allowable costs in accordance with the applicable cost principles contained in the Federal Acquisition Regulations (FAR) of 48CFR31. A sample Contractor Cost Certification is available on VDOT website for the Offeror’s use: Contractor_Cost_Certification.pdf at the link below. Should any Offeror or firm on the proposed team fail to submit the required audit data and certification within the ten (10) business days, negotiations may be terminated by Giles County and the next most qualified team invited to submit a proposal.

• Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and in compliance with the Federal cost principles. Consultants must submit documentation annually to VDOT for review and acceptance by Virginia Department of Transportation per the Indirect Cost Rate Submission and Review Process. VDOT Annual Indirect Cost rate submittal policy can be found at at https://www.vdot.virginia.gov/doing-business/business-opportunities/consultants/indirect-cost-rate-audits/

• Firms with classifications identified in section E.2. will be required to have VDOT approved field and home office indirect cost rates (approved within the last 18 months) for inclusion in the contract within ten (10) business days of being notified of their selection (Pre-Award Submittal due date). Firms that do not have a VDOT approved field and / or home office indirect cost rate at the time of the Pre-Award submittal due date, will be required to request a “Safe Harbor” provisional rate by the VDOT Assurance and Compliance Office (ACO) for inclusion in Contract.

5. Federal Immigration Reform and Control Act of 1986

IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Offeror represents that it does not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. Further that, Giles County will not consider for award any cost proposals submitted by any consultants and will not consent to subcontracting any portions of the contract to any subconsultants in violation of the provisions of this Act.

6. Additional Mandatory Federal-Aid Provisions

• Attachment A - Disadvantaged Business Enterprises (DBEs)

• Attachment B - Small Women and Minority (SWaM)) (not required for this project)

• Attachment C - Present Workload Instructions, Present Workload Table, and Example Shortlist Scoresheet

• Attachment D - Firm Data Sheet

• Attachment E - Certification Regarding Debarment https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/consultants/indirect-cost-rate-audits/ipd_Contractor_Cost_Certification.pdf https://www.vdot.virginia.gov/doing-business/business-opportunities/consultants/indirect-cost-rate-audits/

• Attachment F - Subconsultant Solicitation Form

• Attachment G - DPOR licenses and SCC registrations

• Attachment H - USDOT 1050.2A (Appendix A and Appendix E)

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Attachment A Mandatory Federal-Aid Provision

VIRGINIA DEPARTMENT OF TRANSPORTATION

Use of Disadvantaged Business Enterprises (DBEs) on Consultant Contracts

A. Disadvantaged Business Enterprise (DBE) Program Requirements

DBE certification entitles consultants to participate in VDOT’s DBE programs. Certification does not guarantee the firm will receive work nor does it attest to the firm’s abilities to perform any particular work when there is no DBE goal identified.

Code of Federal Regulations 49 CFR Part 26 requires VDOT to collect certain data about firms attempting to participate in VDOT contracts. This data must be provided on the enclosed Firm Data Sheet.

VDOT also requires Giles County to capture DBE payment information on all professional services contracts. The successful prime consultant will be required to complete C- 63 form for both state and federally funded projects on quarterly basis

Business Opportunity and Workforce Development (BOWD) Center - The BOWD Center is a VDOT developmental supportive services program and partnering initiative funded by FHWA for selected DBE firms of various skill and competence levels interested in entering, enhancing or expanding highway contracting opportunities with prime consultants. The partnering initiative between prime consultants and BOWD DBE firms provides the opportunity for the further development of DBE firms through performance on contracts and guidance from prime consultants. The intent of this partnering initiative is to increase capacity by perfecting existing skills and knowledge, expanding into new work areas, and prime consultant joint venturing with DBE firms.

The prime consultants are encouraged to achieve all or a percentage of the required DBE/SWaM participation/goals determined for this project by the utilization of BOWD approved firms. To assist consultants in taking advantage of this opportunity for utilization of approved BOWD firms, please contact the BOWD Center for additional information, details, resources and support. The BOWD Center can be contacted at (804) 662-9555 or via email to BOWDCenter@vdot.virginia.gov.

Any Consultant, subconsultant, DBE firm, and contract surety involved in the performance of work on a federal-aid contract shall comply with the terms and conditions of the United States Department of Transportation (USDOT) DBE Program as the terms appear in Part 26 of the Code of Federal Regulations (49 CFR as amended), the USDOT DBE Program regulations, and the Virginia Department of Transportation’s (VDOT or the Department) DBE Program rules and regulations in accordance with this Special Provision.

For the purposes of this provision, Consultant is defined as any individual, partnership, corporation, or Joint Venture that formally submits a Statement of Qualification or Proposal for the work contemplated there under; Consultant is defined as any individual, partnership, or Joint Venture that contracts with the Department to perform the Work; and subconsultant is defined as any supplier, manufacturer, or subconsultant performing work or furnishing material, supplies or services to the contract. The Consultant shall physically include this same contract provision in every supply or work/service subcontract that it makes or executes with a subconsultant having work for which it intends to claim credit.

In accordance with 49 CFR Part 26 and VDOT’s DBE Program requirements as outlined in this Special Provision, the Consultant, for itself and for its subconsultants and suppliers, whether certified DBE firms mailto:BOWDCenter@vdot.virginia.gov or not, shall commit to complying fully with the auditing, record keeping, confidentiality, cooperation, and anti-intimidation or retaliation provisions contained in those federal DBE Program and State legal requirements. By submitting a Proposal on this contract, and by accepting and executing this contract, the Consultant agrees to assume these contractual obligations and to bind the Consultant’s subconsultants contractually to the same at the Consultant’s expense.

The Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBE firms have the maximum opportunity to compete for and perform contracts and subcontracts under this Agreement. Subpart A of 49 CFR 26, Section 26.13 requires that each contract signed with a contractor (and that each subcontract the prime contractor signs with a subcontractor) must include the following assurance:

The Consultant and each subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award, administration, and performance of this contract. Failure by the Consultant to carry out these requirements is a material breach of this contract, which will result in the termination of this contract or other such remedy, as VDOT deems appropriate.

All administrative remedies noted in this provision are automatic unless the Consultant exercises the right of appeal within the required timeframe(s) specified herein. Appeal requirements, processes, and procedures shall be in accordance with guidelines stated in F of this provision and current at the time of the proceedings. Where applicable, the Department will notify the Consultant of any changes to the appeal requirements, processes, and procedures after receiving notification of the Consultant’s desire to appeal.

All time frames referenced in this provision are expressed in business days unless otherwise indicated.

Should the expiration of any deadline fall on a weekend or holiday, such deadline will automatically be extended to the next normal business day.

B. DBE Certification

The only DBE firms eligible to perform work on a federal-aid contract for DBE contract goal credit are firms certified as Disadvantaged Business Enterprises by the Virginia Department of Small Business and Supplier Diversity (SBSD) or the Metropolitan Washington Airports Authority (MWAA) in accordance with federal and VDOT guidelines. DBE firms must be certified in the specific work listed for DBE contract goal credit. A directory listing of certified DBE firms can be obtained from the Virginia Department of Small Business and Supplier Diversity’s website: http://www.sbsd.virginia.gov.

C. DBE Program-Related Certifications Made by Offerors/Consultants

By submitting a Proposal and by entering into any contract on the basis of that Proposal, the Offeror/Consultant certifies to each of the following DBE Program-related conditions and assurances:

1. That the Offeror/Consultant agrees to comply with the project construction and administration obligations of the USDOT DBE Program, 49 CFR Part 26 as amended, and the Standard Specifications setting forth the Department’s DBE Program requirements.

2. Consultant shall comply fully with the DBE Program requirements in the execution and performance of the contract. Consultant acknowledges that failure to fulfill the DBE subcontracting commitments made may result in sanctions being invoked for noncompliance.

3. To ensure that DBE firms have been given full and fair opportunity to participate in the performance http://www.sbsd.virginia.gov/ of the contract. The Consultant certifies that all reasonable steps were, and will be, taken to ensure that DBE firms had, and will have, an opportunity to compete for and perform work on the contract.

The Consultant further certifies that the Consultant shall not discriminate on the basis of race, color, age, national origin, or sex in the performance of the contract or in the award of any subcontract.

Any agreement between a Consultant and a DBE whereby the DBE promises not to provide quotations for performance of work to other Consultants are prohibited.

4. Consultant shall make good faith efforts to obtain DBE participation in the proposed contract at or above the goal. The Offeror shall submit a written statement as a part of its Statement of Qualifications and/or Proposal indicating the Offeror’s commitment to achieve the minimum requirement related to DBE goal indicated in Request for Qualification (RFQ) and/or Request For Proposal (RFP) for the entire value of the contract and shall include the description of the services to be performed, percent participation, and referenced project numbers(s) and/or RFQ/RFP#. The Offeror, by signing and submitting its Proposal, certifies the DBE participation information that will be submitted within the required time thereafter is true, correct, and complete, and that the information to be provided includes the names of all DBE firms that will participate in the contract, and the North American Industry Classification System (NAICS) code and description for each firm.

For Project Specific Contracts, the Offeror shall provide the specific work that each listed DBE firm will perform, and the creditable dollar amounts of the participation of each listed DBE.

5. Offeror further certifies, by signing its Proposal, it has committed to use each DBE firm listed for the work specified to meet the contract goal for DBE participation. Award of the contract will be conditioned upon meeting these and other listed requirements of 49 CFR Part 26.53 and the contract documents. By signing the Proposal, the Offeror certifies that good faith efforts will be made on work that it proposes to sublet; and that it will seek out and consider DBE firms as potential subconsultants. The Consultant shall, as a continuing obligation, contact DBE firms to solicit their interest, capability, and prices in sufficient time to allow them to respond effectively, and shall retain on file proper documentation to substantiate its good faith efforts.

6. Once awarded the contract, the Consultant shall make good faith efforts to utilize DBE firms to perform work designated to be performed by DBE firms at or above the amount or percentage of the dollar value specified in the proposal documents. Further the Consultant understands it shall not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract in whole or in part with another DBE, any non-DBE firm, or with the Consultant’s own forces or those of an affiliate of the Consultant without the prior written consent of Department as set out within the requirements of this provision.

7. Once awarded the contract, the Consultant shall designate and make known to the Department a liaison officer who is assigned the responsibility of administering and promoting an active and inclusive DBE program as required by 49 CFR Part 26 for DBE firms. The designation and identity of this officer needs to be submitted only once by the Consultant during any 12 month period.

8. Once awarded the contract, the Consultant shall comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each DBE firm participating in the contract shall fully perform the designated work with the DBE firm’s own forces and equipment under the DBE firm’s direct supervision, control, and management. Where a contract exists and where the Consultant, DBE firm, or any other firm retained by the Consultant has failed to comply with federal or Department DBE Program requirements, the Department has the authority and discretion to determine the extent to which the DBE contract regulations have not been met, and will assess against the Consultant any remedies available at law or provided in the contract.

D. DBE Program Compliance Procedures

The following procedures shall apply to the contract for DBE Program compliance purposes:

1. DBE Goal, Good Faith Efforts Specified for Project Specific Contracts

At the time of the submittal of the Expression of Interest, the Offeror will include form C-48 PSC.

This form represents the Consultants solicitation of…