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Title: Reassessment Services

Issue Date: October 30th, 2026

Issuing Agency: County of Warren, Virginia

220 N. Commerce Avenue, Suite 700

Department of Finance & Purchasing

Front Royal, VA 22630

Interested firms are asked to submit one (1) original and five (5) copies of sealed proposals to

Issuing Agency in Finance Department at 220 N. Commerce Ave Suite 700 Front Royal VA, 22630 clearly marked “Reassessment Services” OR through the eVA portal. Proposals will be received until no later than 2:00 P.M., EDT, November 30th, 2026 (for in office submittals time will be determined by the analog clock in the Finance Department). Any proposal received after the specified date and time will not be considered and will be returned unopened. No responsibility will be attached to any County personnel for the premature opening of a proposal not properly addressed and identified on the outside of a sealed envelope.

Direct All Inquiries for Information in Writing: Kimberly Henry, khenry@warrencountyva.gov no later than 5 days prior to proposal due date. No questions will be answered by phone.

This procurement is governed by the Virginia Public Procurement Act (VPPA) and all terms and conditions are made a part of this solicitations and resulting public contract.

This public body does not discriminate against faith-based organizations in accordance with the

Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment.

REQUEST FOR PROPOSALS

County of Warren, Virginia

Finance & Purchasing Department

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I. PURPOSE AND GENERAL INFORMATION:

The purpose of this RFP is to obtain professional General Reassessment Services for Warren County.

These services shall be used in order to conduct a General Reassessment Services for Warren County.

These services shall be used in order to conduct a General Reassessment of all taxable and exempt real property in Warren County in accordance with Section 58.1-3252 et seq. of the Code of Virginia. The successful Offeror shall start reassessment field work no later than July 1st, 2027 and complete and submit the reassessment of the value(s) of each parcel and structure in Warren County by December

31st, 2028 to become effective January 1st, 2029, and shall prepare such data in a form appropriate for inclusion in the tax records of Warren County. The County currently operates on a biennial reassessment cycle.

24,534 taxable parcels 5,512 Single Family Urban

946 exempt parcels 17.118 Single Family Suburbs

_____________________ 115 Multi Family/Apartment Properties

25,480 total parcels 892 Commercial/Industrial

781 Agri Undeveloped 20-99

116 Agri Undeveloped 100 & Up

319 Mobile Homes

Location Where Work Will Be Performed: Warren County, Virginia.

II. REQUISITE QUALIFICATION OF POTENTIONAL CONTRACTORS:

In order for a proposal to be responsive and for an offeror to be deemed responsible, a bid must certify that the Offeror:

1. Possesses a license as a certified general real estate appraiser as defined by Section 54.1-2009 et seq. of the Code of Virginia.

2. Has been approved by the Virginia Department of Taxation to perform appraisals of the type defined in the “Purpose and Scope of Work”, below.

3. Has a working familiarity with the computer systems software and data transfer protocols used by the Warren County Commissioner of the Revenue.

4. Software – Vision Mass Appraisal. Price with Eagleview and without.

During the term of the Contract, the Offeror shall maintain the licenses and approvals referred to above, and its failure to do so shall be grounds for Warren County to terminate this Contract on ten days written notice to Contractor unless within that period the Contractor has re-established said certifications.

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Offeror will provide documentary evidence of said certifications upon request of Warren

County. Offeror will notify Warren County in writing within three days of Offeror’s receipt of notice of the revocation or suspension, or proposed revocation or suspension, of said certifications.

III. STATEMENT OF NEED:

1. Complete a uniform reassessment of all property within Warren County, excluding public service taxable by State Corporation Commission and valuation of all non-taxable (exempt) properties and the classification of all real property in accordance with State requirements.

2. Appraisals shall be based on a thorough study of actual market sales and construction costs in Warren

County. The appraisal firm will conduct this study prior to beginning any field appraisals. All market sales studies, property surveys, or other data used in the reassessment program shall become the property of

Warren County at the completion of the reassessment.

3. The appraisal firm will visit each property (residential, rural, commercial, apartments, and industrial) prior to making a market value appraisal. The appraiser estimating the actual assessed value must personally view the property on site or, if available, use EagleView Software to support non-site visits on residential properties. This requirement is most important and must not be circumvented. The Warren County

Commissioner of the Revenue will provide field copies of existing property record cards. The records shall show all information in connection with the construction, age, size, condition and depreciation of each building or structure, as well as an outline sketch of all major building improvements, pricing data, owner’s name, address, legal description and map number. On new construction, a sketch will be provided even in the event that the structure is not complete but providing that the completion is enough to be sketched.

The firm will confirm and/or update all descriptive and cost data on field record cards as necessary. New property record cards will be generated as needed. If Warren County requests the firm to provide an electronic copy of all field sheets within Warren County, then this option will be negotiated at the time of contract.

4. Awarded firm shall provide the Commissioner of the Revenue all industrial property worksheets.

5. All tax-exempt property will be appraised on the same basis and in the same detail as taxable property.

6. The appraisal firm shall prepare an appraisal of all manufactured homes assessed as personal property situated in Warren County. Warren County will provide all existing detailed data on manufactured home assessments, including ownership, location, tax map number (if available), description, current assessment, etc. Existing information will be confirmed and/or updated by the firm. The firm will agree to provide Warren County with any new information if it was not previously available. New manufactured home record cards will be generated as needed.

7. A digital photograph of the major structural improvement(s) must be provided unless otherwise decided in the agreement.

8. The awarded appraisal firm must list a main point of contact for the contract.

9. The awarded firm shall provide the Commissioner of the Revenue an Appraisal Manual indicating the rates used during the reassessment.

10. The awarded firm shall provide the Commissioner of the Revenue the Reassessment tax book and be available during the informal hearings.

11. The appraisal firm will coordinate efforts with the Warren County Commissioner of Revenue in appraising

Page | 4 new construction. Every reasonable effort will be made to ensure that this function is not duplicated by the firm or by Warren County or omitted by both. The firm will provide a sketch of all property even if property is at an amount that can be sketched. The firm shall be responsible for appraising all new construction and any additions from January 1st through October 31st of the year the reassessment is taking place.

12. Only qualified personnel, subject to the approval of the Commissioner of Revenue, Board of Supervisors, and/or County Administration Office, will be assigned to conduct appraisals. If, for any reason during the assessment, any member of the firm’s staff is deemed to be unacceptable to Warren County, said employee will immediately be removed from the project.

13. All actual appraisals will be conducted by a qualified appraiser. However, this does not preclude the use of research assistants or data collectors.

14. Where existing field cards show building sketches, said sketches will be verified for accuracy in the field.

Where no sketches exist, the firm will take actual field measurements and enter this information in Warren

County’s computer system. The appraisal firm will make every effort to collect any descriptive data not presently shown on Warren County field cards. Additional data or corrections of existing data will also be entered on the computer system. Photographs will be provided on all property even if structure is not 100% complete.

15. When each property is visited, if no one is available to answer questions, a doorknob hanger will be left requesting any information necessary to perform the appraisal.

16. If the appraiser is refused admittance or information on any property, this will be so noted on the field cards, and the property will be appraised based on the best information available.

17. To promote good public relations, the appraisal firm will provide speakers to the Board of Supervisors and other interested groups/parties requesting information on aspects of the reassessment program.

18. The appraisal firm shall meet with the Warren County Commissioner of Revenue and County

Administrator as necessary during the conduct of the reassessment, but at least on a weekly basis. These meetings may include briefings or work sessions with members of the Board of Supervisors.

19. After completion of the appraisal work, and at a time agreed to by the firm and Warren County, public hearings will be held for a period of up to 30 days, and appraisers will be available at all hearings to provide information and/or reviews of appraisals, when requested by owners. A minimum of 2 weeks (but not more than four weeks) of hearings, including evening sessions, will be scheduled. These hearings shall include meetings of a local Board of Assessors, should Warren County appoint the same.

20. The appraisal firm will assist the Board of Equalization, as needed or requested, in review of appraisals and property, as many days as mutually agreed but for a minimum of 30 days if so requested by the Board of Equalization.

21. If an assessment is appealed to the Courts, the appraisal firm will furnish a competent witness, including expert testimony, to Warren County, and will cooperate to provide all services necessary to defend the assessment, without additional charge, for any appeal of such assessment.

22. The appraisal firm will carry workers' compensation and public liability insurance, designed to hold

Warren County and its officials harmless from all claims, demands, suits, or actions, recovered against them by reason of any act by any employee or equipment of all the appraisal firm during the reassessment process. Certificate of coverage will be provided to Warren County prior to the start of fieldwork. A performance bond satisfactory to Warren County for total contract price is required.

23. The appraisal firm will provide resumes to Warren County of all professional appraisers to be assigned to work in Warren County, as well as documentation of the firm’s qualifications and prior experience. The

Page | 5 appraisal firm shall promptly notify the County of any changes to the staffing of the project, which shall approve any such changes.

24. The appraisal firm will supply all appraisal personnel and appraisers’ supplies, such as calculators, measuring devices, etc. All expenses, such as FICA, unemployment, travel, lodging, meals, etc., will be paid for by the firm. Under no circumstances are the appraisal firm’s employees to be considered as employees of Warren County.

25. All property appraisals will be at 100 percent fair market value, as required by the Code of Virginia.

26. The appraisal firm will work with a Board of Assessors or provide a professional assessor, certified by the

Virginia Department of Taxation, in accordance with Section 58.1-3275 et seq. of the Code of Virginia.

The professional assessor must be acceptable to the Warren County Board of Supervisors and must be assigned to Warren County for the duration of the reassessment project.

27. The appraisal firm will provide reassessment information that can be available via internet for the public’s inquiry once notices are mailed to property owners.

28. Miscellaneous/General

The appraisal firm will be responsible for:

a. Verification/Reconciliation of E-911 Addresses with each property visited.

b. Coordination with the Warren County Commissioner of Revenue’s office in appraising new construction and improvements which may be made on and to real property during the term of the Reassessment; all new construction must be assessed as part of this agreement.

c. Preparation and mailing of all reassessment notices to property owners including exempt properties.

d. Supplying of its own office facilities, desks, tables, chairs, telephone, filing cabinets, and computer terminals/printers for use by field personnel and data entry staff.

e. Up to two clerical personnel on temporary assignment.

f. Providing of all computer support services, forms, notices, Reassessment Book, comparative listings, etc.

g. Providing of forms and mailing costs of reassessment notices.

h. Providing of miscellaneous office supplies.

i. Updating of assessments on the basis of new building permits used, on an annual basis

(price per property sought)

j. Providing of a separate price for building permits

IV. ASSISTANCE TO BE PROVIDED BY THE COUNTY

1. Access to all present real estate records and tax maps, including sketches, plats, tax records, data and information in possession of Warren County pertaining to properties covered by these specifications.

Warren County will provide a field copy of all property records and tax maps. Schedule of work proposed:

a) Work should begin at the execution of the contract and be completed by December 31, 2028, including hearings and completion of the Reassessment Book.

V. CONTRACTOR AND EMPLOYEE QUALIFICATIONS

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The contractor shall be experienced and provide documentation that it’s firm has been in the local government real estate reassessment industry for at least five (5) years and is qualified by the Virginia

Department of Taxation and the Virginia Department of Professional and Occupational Regulation. Failure on the part of the Offeror to demonstrate that he/she possesses certification as required pursuant to §58.1-

3275 of the Code of Virgini and other applicable law shall constitute a non-responsive proposal. The assessment firm shall assign only qualified personnel to conduct assessments. All assigned appraisers shall be knowledgeable in assessment and appraisal methodology of all types of property, including commercial and industrial properties. Complete Contractor Data Sheet (Attachment A).

VI. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

In order to be considered for selection, Offeror must submit a complete response to this RFP. One (1) original and five (5) copies of each proposal must be submitted if being submitted to the Warren County

Government Center. If submitting through eVA the 5 copies are not required.

A. Proposal Preparation

1. Proposal signed by an authorized representative of the Offeror.

2. All information requested is submitted.

3. Information not submitted may result in:

a. Prompt submission of missing information

b. Lower evaluation of the proposal

c. Rejection of the proposal

4. Completeness and clarity of content.

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

6. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP.

7. The Offeror is responsible for all costs of proposal preparation. The County is not liable for any costs incurred in preparing a response to the RFP.

8. Organized in the order in which the requirements are presented in the RFP.

9. All pages numbered.

10. Paragraphs should be referenced to paragraph number and sub letter in RFP.

11. Table of Contents which cross-references the RFP requirements.

12. Response to “must” and “shall” items.

13. Nonrelated requirements, “Required Signature Pages” placed at the end.

14. Each copy of the proposal including attachments should be bound in a single volume with no loose or unbound material if not submitting through eVA.

15. If proprietary information is included, a written notice must specifically identify the page number and data or materials to be protected and state the reason why protection is necessary. The specific proprietary information must be identified by a distinct method. The classification of an

Page | 7 entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

16. Outermost envelope shall be marked, “REASSESSMENT SERVICES

17. Submittal of proposal through eVA portal will be accepted.

B. Specific Proposal Preparation Instructions

1. COVER LETTER & SIGNED ADDENDA: Include a cover letter to introduce the Offeror’s company, including a brief history; and include addendum acknowledgements, if any, signed and filled out as required.

2. REQUIRED SIGNATURE FORMS (Attachment A through F)

3. WRITTEN NARRATIVE STATEMENT: The Offeror should include a detailed description of the process of how they will provide each of the services listed in the Statement of Needs.

4. QUALIFICATIONS: Provide a description of the Offeror’s experience, background and qualifications, including the experience, background and qualifications of the staff members who will serve as the point of contact and emergency or after-hours point of contact.

5. PRICING: Provide a binding proposed price for each of the services provided to meet the

County’s Statement of Needs. Include costs and discounts for labor with other direct and indirect costs to Warren County.

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IV. EVALUATION FACTORS & SELECTION PROCESS

Proposals that pass the preliminary screening will be evaluated and scored on the basis of the following factors, numerical value, and weight:

NUMERICAL

VALUE

(1=least, 10= most)

SCORE WEIGHT WEIGHTED

EVALUATION

EXPERIENCE WITH GENERAL

REASSESSMENT SERVICES

1-10 15

FIRM’S QUALIFICATIONS,

CAPABILITES, AND

CREDENTIALS NECESSARY TO

PERFORM THE REQUIRED

SERVICES

1-10 25

FIRM’S UNDERSTANDING OF

WARREN COUNTY’S

REQUIREMENTS FOR

REASSESSMENT SERVICES AS

EVIDENCED BY THE

PROPOSAL

1-10 20

REFERENCES 1-10 15

FIRM’S UNDERSTANDING OF

THE REQUIRED PROJECT

SCHEDULE AND CAPABILITIES

FOR SATISFACTORY

PERFORMANCE

1-10 10

PRICING 1-10 15

TOTAL:

SELECTION PROCEDURES

Warren County shall engage in individual discussions with one or more Offerors deemed fully qualified and responsible, and suitable on the basis of initial responses, with emphasis on professional competence, to

Page | 9 provide the required services. Such Offerors shall be encouraged to elaborate on their qualifications and to answer questions during a presentation lasting approximately one hour.

Following these discussions, on the basis of the Evaluation Factors listed in this request and all information developed in the selection process to this point, Warren County shall rank those Offerors whose professional qualifications are deemed most meritorious. Negotiations shall then be conducted, beginning with the

Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. If not, negotiations with the Offeror ranked first shall be formally terminated and negotiations shall commence with the Offeror ranked second, and so on until a contract can be negotiated at a fair and reasonable price. Should Warren County determine in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that

Offeror.

V. GENERAL TERMS AND CONDITIONS

PROCUREMENT REQUIREMENTS AND MANDATORY CONTRACT TERMS

I. REQUIREMENTS APPLICABLE TO ALL PROCUREMENTS

MANDATORY USE OF COUNTY FORMS AND TERMS: Failure to utilize the official County forms provided for responding to a procurement solicitation shall be cause for rejecting the submission. Modifications of or additions to any portion of the County’s forms or the terms of the solicitation may also be cause for rejecting the submission. The County reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a submission as nonresponsive.

CLARIFICATION OF TERMS: Questions about the specifications or other solicitation documents should be submitted in writing to the County by the deadline specified in the procurement schedule. Any revisions to the solicitation will be made only by written addendum issued by the County.

QUALIFICATIONS: The County may investigate the ability of the bidder/offeror to perform under the contract being procured and may request information and data for this purpose. The County reserves the right to visit physical facilities prior to award to satisfy questions regarding such capabilities. The County further reserves the right to reject any bid or proposal if it concludes that the bidder/offeror is not properly-qualified to carry out the obligations of the contract.

CONTRACTOR LICENSING: Potential contractors are required to comply with all applicable licensing requirements for contractors as set forth in Virginia Code § 54.1-1100, as amended.

STATE CORPORATION COMMISSION (SCC) IDENTIFICATION NUMBER: A bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid/proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or

Title 50 or as otherwise required by law is required to include in its bid/ proposal a statement describing why the bidder/offeror is not required to be so authorized.

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BID BONDS:

1. All bids/proposals for non-transportation-related construction contracts in excess of $500,000 and transportation-related construction projects authorized under Code of Virginia, § 33.2-208, et seq., that are in excess of $350,000 and partially or wholly funded by the Commonwealth of Virginia shall be accompanied by a bid bond from a surety company which is legally authorized to do business in Virginia as a guaranty that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed 5% of the amount bid. No forfeiture under a bid bond shall exceed the lesser of the difference between the bid for which the bond was written and the next low bid or the face amount of the bid bond. In lieu of a bid bond, a certified check, cashier’s check, or cash escrow in the face amount requirement for the bond.

2. A bid bond may be required for construction contracts and other contracts which fall outside the scope of this section. Please refer to the County’s procurement solicitation for any additional bonding requirements, which are incorporated herein by reference.

TRANSPORTATION AND PACKAGING: By submitting a bid/proposal, each bidder/offeror certifies and warrants that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

TESTING AND INSPECTION: The County reserves the right to conduct any test or inspection it deems advisable to assure goods and services conform to the specifications.

USE OF BRAND NAMES: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the County, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible for clearly and specifically identifying the product being offered and providing 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. Failure to furnish adequate data for evaluation purposes may result in a finding of nonresponsiveness.

ETHICS IN PUBLIC CONTRACTING: By submitting a bid/proposal, each bidder/offeror certifies that their bid/proposal is made without collusion or fraud and that they have no offered or received kickbacks or inducements from another 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 great value was exchanged.

NONDISCRIMINATION BY COUNTY: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, Page | 11 national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment.

DEBARMENT STATUS: By submitting a bid or proposal, the bidder or offeror certifies that they are not currently debarred by the Commonwealth of Virginia or the County from participating in this procurement and that they are not an agent of any person or entity that is currently debarred by the Commonwealth of Virginia or the County.

PRICE CURRENCY: All prices shall be stated in US dollars.

INFORMALITIES: The County reserves the right to waive informalities. "Informality" means a minor defect or variation from the exact requirements of an Invitation to Bid or Request for Proposal that does not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

CANCELLATION: The County may cancel or reject an Invitation to Bid, Request for Proposal, other solicitation, and any bids and proposals submitted in response thereto.

INSPECTION OF SOLICITATION DOCUMENTS AND JOB SITE: The signature of the bidder/offeror on their bid/proposal certifies that they have inspected all documents associated with this procurement solicitation and the job site and are fully aware of the conditions under which the project or work must be accomplished. The County will not consider any claims arising from the failure to inspect the solicitation documents or job site.

eVA ORDERS AND CONTRACTS: This solicitation may result in one or multiple purchase orders with the applicable eVA transaction fee assessed for each order. Potential contractors desiring to provide goods or services to the County shall participate in the eVA Internet e-procurement solution. If this solicitation is for a term contract, the failure by a potential contractor to provide an electronic catalog (price list) or index page catalog for items being procured may result in rejection of the bid by the County.

ANNOUNCEMENT OF AWARD: The County will post notice of the award or announcing the decision to award a contract as a result of this solicitation in eVA (www.eva.virginia.gov).

IDENTIFICATION OF BID/PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed, and identified as follows:

From:

Name of Bidder/Offeror

Due Date Time

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Street or Box Number

IFB No./RFP No.

City, State, Zip Code

IFB/RFP Title

Licensed Class A Virginia Contractor No. Specialty

Licensed Class B Virginia Contractor No. Specialty

Licensed Class C Virginia Contractor No.

Specialty

Virginia SCC Entity ID:

DSBSD-Certified Micro Business or Small Business No.

Name of Contract/Purchase Officer or Buyer

II. ADDITIONAL PROVISIONS APPLICABLE TO FOR INVITATIONS TO BID

BID ACCEPTANCE PERIOD: Any bid submitted in response to an Invitation to Bid shall be valid for a period of 30 days following the opening of bids. At the end of the 30 day-period, the bid may be withdrawn at the written request of the bidder. Otherwise, the bid remains in effect until an award is made or the solicitation is canceled.

BID EVALUATION AND AWARD PROCEDURE: Net pricing is used to evaluate bids unless provided otherwise in the Invitation to Bid. The contract is typically awarded to the lowest responsive and responsible bidder. The County reserves the right to award multiple contracts in response to an Invitation to Bid.

TIE BIDS: In the case of a tie bid, preference is given to goods, services and construction produced in the County or provided by persons, firms or corporations whose principal place of business is in the County, if such a choice is available.

Otherwise, the tie is decided by lot unless the provisions of the Code of Virginia, § 2.2-4324, apply.

NEGOTIATION WITH THE LOWEST BIDDER: When the low bid exceeds budgeted funds, the County may negotiate with the low bidder to attempt to obtain a contract price within the budged funds available. Negotiations may include modification of the bid amount, scope of work, and/or specifications.

III. ADDITIONAL PROVISONS APPLICABLE TO REQUESTS FOR PROPOSALS

PROPOSAL EVALUATION AND AWARD PROCEDURE:

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1. For professional services, the County evaluates the proposals based solely on professional competence. Interviews are scheduled with at least the two offerors ranked highest. In these interviews, the parties can discuss professional qualifications, the project under consideration, the project cost, and offerors can be asked to provide a nonbinding estimate of the cost of their services. After the interviews, the County ranks the proposals and enters into contract negotiations with the highest-ranking offeror. If a contract can be negotiated with that offeror at a fair and reasonable price, then the contract is awarded. Otherwise, negotiations are terminated with the first offeror, and the County moves on to the next-ranked offeror until a contract can be awarded.

2. For goods, construction, and nonprofessional services, the County ranks proposals by price and any other specifications set forth in the Request for Proposals. Interviews are conducted with at least the two offerors ranked highest. Binding prices are obtained during the interviews. After the interviews are complete, the contract is awarded to the offeror submitting with the best proposal.

3. If the County determines in writing that one offeror is clearly more qualified than all others, the interviews mentioned above may be dispensed with and the County may commence contract negotiations with the offeror so designated.

IV. MANDATORY CONTRACT TERMS

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if required under

Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. The County may void this contract if Contractor fails to remain in compliance with the provisions of this section.

ANTI-DISCRIMINATION: For any contract greater than $10,000, Contractor agrees to the following:

1. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, 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 Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. Contractor, in all solicitations or advertisements for employees placed by it or on its behalf, will state that 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.

4. Contractor shall include the provisions of the foregoing paragraphs of this section in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

COMPLIANCE WITH FEDERAL IMMIGRATION REFORM AND CONTROL ACT: Contractor certifies

Page | 14 that it does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

DRUG-FREE WORKPLACE: For any contract greater than $10,000, Contractor agrees, during performance of the contract, to (i) provide a drug-free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

PAYMENTS TO CONTRACTOR:

1. The County will issue payment to Contractor after satisfactory performance of the contract, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. The County reserves the right to withhold any and all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the contract or any modifications thereto.

2. Contractor must list all goods and services ordered, delivered, and accepted on all invoices. Invoices shall be sent directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number, purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

3. Contractor must select between purchasing card (VISA) or ACH (electronic deposit) as the form of payment by the County. Acceptance of payment by purchasing card usually requires that Contractor have credit card processing capability. The County encourages Contractor to check with its financial institutions to ascertain precisely what is necessary to comply with the purchasing card requirement. The County will not pay additional fees, convenience fees and/or surcharges in excess of the purchase order or contract amount. The County will make all payments by purchasing card when Contractor has indicated, either directly or indirectly, that credit card is an acceptable method of payment.

4. 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. The date of postmark shall be deemed the date of payment when payment is made by mail.

5. All goods or services provided under this contract or purchase order shall be billed by Contractor at the contract price regardless of which County department is billed.

CONTRACTOR’S PAYMENTS TO SUBCONTRACTORS:

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1. Contractor shall take one of the two following actions within seven days after the receipt of amounts paid by the

County for work performed by any subcontractor under the contract:

a. Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under the contract; or

b. Notify the County and the subcontractor, in writing, of its intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

2. Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid after seven days following its receipt of payment from the County for work performed by the subcontractor under the contract, except for amounts withheld as allowed by Paragraph (1)(b) above. Interest shall accrue at the rate of one percent per month.

3. Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

4. Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

5. If this contract is for construction, Contractor shall pay the entire amount of an invoice issued by a subcontractor within 60 days of the receipt following satisfactory completion of the work covered by the invoice even if Contractor has not received payment from the County for that work. Contractor shall not be liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract.

However, in the event that Contractor withholds all or a part of the amount invoiced by the subcontractor, Contractor shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lowertier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor's receiving payment for amounts owed to that contractor.

PEFORMANCE AND PAYMENT BOND REQUIREMENTS:

1. For contracts involving nontransportation-related public construction contract exceeding $500,000 to any prime contractor; or transportation-related project authorized pursuant to Code of Virginia, § 33.2-

208, et seq., exceeding $350,000 that is partially or wholly funded by the Commonwealth of Virginia, Contractor is required to furnish the following:

a. A performance bond, in a form acceptable to the County, in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract.

b. A payment bond, in a form acceptable to the County, in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime

Page | 16 contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work.

2. Bonds shall be executed by one or more surety companies selected by Contractor which are legally authorized to do business in Virginia.

3. Bonds shall be made payable to the County and filed at the County’s offices.

4. Contractor may require each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the subcontract conditioned upon payment to all persons performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.

5. In lieu of a payment or performance bond, Contractor may furnish a certified check, cashier’s check, or cash escrow in the face amount requirement for the bond.

6. Performance and payment bonds may be required for construction contracts and other contracts which fall outside the scope of this section. Please refer to the County’s procurement solicitation for any additional bonding requirements, which are incorporated herein by reference.

INSURANCE: Contractor certifies that it and any subcontractors will maintain these insurance coverages during the contract term and that all coverage will be provided by companies authorized to sell insurance in Virginia:

1. Workers’ Compensation - Statutory requirements and benefits.

2. Employer’s Liability - $100,000.

2. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The County of Warren, Virginia shall be added as an additional insured to the policy by an endorsement.

3. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

County is to be used in the contract. Contractor must assure that the required coverage is maintained by Contractor

(or thirdparty owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, $1,000,000 per occurrence, $3,000,000 aggregate

Inspection or Abatement Contractors, Health Care Practitioner (to include

Page | 17

Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist

Assistants, Clinical Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health

Maintenance Organizations.)

Code of Virginia § 8.01-581.15

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

ASSIGNMENT OF CONTRACT: Contractor may not assign this contract in whole or in part without the written consent of the County.

CHANGES TO THE CONTRACT: Changes to the contract may only be made as follows:

1. The terms, conditions, or scope of the contract may be modified by a written addendum executed by the

County and Contractor. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of the contract addendum.

2. The County may order changes within the scope of the contract at any time by written notice to

Contractor including, but not limited to, changes to the services to be performed, the method of packing or shipment, and the place of delivery or installation. If the County issues a change order that requires an adjustment to compensation, Contractor shall be compensated for any additional costs incurred as the result of the order and the County shall be credited for any savings. Contractor must assert any claim for an adjustment in price by written notice to the County within 30 days from the date of receipt of the change order. Any adjustment to compensation shall be determined as follows: (a) By written agreement of the parties;

(b) If the work can be expressed in units, by agreeing upon a unit price or using a unit price set forth in the contract, and Contractor accounts for the number of additional units of work performed, subject to reasonable verification by the County; or

(c) By Contractor proceeding with the work and keeping a record of all costs incurred and savings realized, including adjustment for overhead and profit if provided by the contract. Upon completion of the work, Contractor shall present the County with all vouchers and records of

Page | 18 expenses incurred and savings realized. The County shall have the right to audit Contractor’s records to verify costs and savings.

TAXES: Sales to the County are normally exempt from Virginia sales tax. Virginia sales and use tax certificates of exemption, Form ST-12, will be issued upon request. If sales or deliveries under the contract are not tax-exempt, Contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits Contractor from offering a tax-included price.

EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS: The County or any of its duly authorized representatives shall have access to and the right to examine Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for five years after final payment.

AVAILABILITY OF FUNDS: The parties expressly acknowledge and agree that the County’s obligations under this contract are expressly contingent upon appropriation by the County’s Board of Supervisors.

TERMINATION FOR CONVENIENCE: The County may terminate this contract for convenience at any time, in whole or in part, upon giving Contractor 60 days’ notice of such termination. Upon such termination, Contractor shall immediately cease work and remove all of its labor forces and materials. Contractor shall also take such steps as the County may require to assign to the County Contractor’s interest in all subcontracts and purchase orders designated by the County. After all such steps have been taken to the County’s satisfaction, Contractor shall receive the following as payment in full:

1. All amounts otherwise due under the terms of this contract at the time of termination.

2. Amounts due for work performed between the date of the most recent invoice and the date of termination.

3. Reasonable compensation for the actual cost of demobilization incurred by Contractor as a direct result of such termination. Contractor shall not be entitled to any compensation for lost profits or for any other type of contractual compensation or other damage.

TERMINATION FOR CAUSE:

1. The County may terminate the contract for cause on the following grounds:

a. Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or a receiver is appointed on account of insolvency.

b. Contractor persistently or repeatedly refuses or fails to provide the goods and services required under the contract.

c. Contractor fails to make prompt payment to subcontractors or vendors.

d. Contractor violates laws, ordinances, or the written instructions of the County, or otherwise be guilty of a substantial violation of any provision of the contract.

2. Prior to termination of the contract, the County shall give Contractor 10 calendar days’ written notice to all an opportunity to cure the default. If cured to the County’s satisfaction within 10 days, the County may rescind the notice of termination. Otherwise, the termination for cause shall become effective at the end of the 10-day notice period. In the alternative, the County may postpone the effective date of the termination notice, at its sole discretion, upon receipt of reassurances from Contractor that the default will be cured in a time and manner which the County finds acceptable. If at any time more than 10 days after the notice of termination, the County

Page | 19 determines that contractor has not or is not likely to cure the default in an acceptable manner or within the time allowed, then the County may immediately terminate the contract for cause by giving written notice to Contractor.

3. Notices of termination, whether initial or given after a period of postponement, may be served upon Contractor by mail or any other means to the address provided in their proposal. Failure to accept or pick up registered or certified mail addressed to the last known address shall be deemed to be delivery.

4. Upon termination of the contract, the County may take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method it deems expedient. In such case, Contractor shall not be entitled to receive any further payment.