RFP #01-2025 Special Education Services.pdf

King William County Public Schools

REQUEST FOR PROPOSALS RFP # 01-2025

Special Education Services February 18, 2025

King William County Public Schools (KWCPS) is seeking proposals from qualified providers for contractual services for Physical Therapy (PT), Occupational Therapy (OT), Speech Therapy, Vision Services and Hearing Services. Provider may submit proposal for one, multiple or all services. KWCPS reserves the right to award in part or in whole.

This invitation does not commit KWCPS to pay any costs incurred in the preparation of proposals, nor commits the Committee to select any provider which responds.

PROPOSED CALENDAR OF EVENTS

Issuance Date 02/18/2025 Inquiries Deadline 02/25/2025 Addendum Release 02/27/2025 Due Date 03/06/2025

SUBMITTAL REQUIREMENTS

Four (4) complete copies of sealed proposals must be in the King William County School Board Office, Attn: Julie Mills 18548 King William Road King William, VA 23086, no later than 4:00 p.m. Eastern Standard Time on Tuesday, March 18, 2025. Offerors shall provide one (1) additional copy with all information considered proprietary redacted and suitable for public inspection in accordance with Section 2.2-4342 of the Code of Virginia. A digital version of the proposal in PDF format shall also be included on jump drive. The official time clock is located in the King William County School Board Office, 18548 King William Road King William, VA 23086. Each copy shall be complete and separately bound. Sections shall be formatted identically to the outline and identified to facilitate evaluation and to prevent evaluators from unnecessary search or arranging of materials for evaluation purposes. No faxed or emailed proposals will be accepted.

Your response must be submitted in a sealed envelope/package, clearly marked “Special Education Services RFP # 01-2025”.

Modifications to this RFP will not be considered valid unless issued in writing from KWCPS.

KWCPS will provide the mechanism for the evaluation of all information received. KWCPS reserves the right to reject any and all proposals, to waive informalities or irregularities and to negotiate with proposal submitter as determined to be in the best interest of KWCPS.

As this is a request for proposal, no information regarding the identity of the offerors or the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information.

GENERAL REQUIREMENTS

The proposal should include:

● The offeror’s qualifications, professional affiliations, certifications and licenses applicable to this service.

● A description of the offeror's related experience, with biographical data on key personnel to be involved in providing said services. Must provide license information for personnel providing direct services.

● Pricing sheet to include names, hours per day, and rate per hour for each of the positions.

● Geographic location of the offerors’ main business office and offices relative to King

William County, with explanation of how provider may accommodate the Schools’ need for frequent visitation and consultation.

● A record of performance with other comparable clients indicating the provider’s ability, capacity, and skill to provide the service and to work with the appropriate school system staff. Please provide 3 references for your company.

● Samples of goals and objectives, evaluation reports, and progress reports.

● Signature and completion of the State Corporation Commission Form (SCC).

● The following signed certification:

The firm certifies that no employee, having direct contact with students, has ever been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child and that neither has been convicted of a crime of moral turpitude.

Authorized Signature Date

CRITERIA

Specific criteria, which will be utilized by the selection committee and relative weight given to each are listed below:

Certification and license. The character, integrity, reputation, judgement, experience and efficiency of the offeror as relating to its experience with children with disabilities.

25%

Pricing for services 20% Ability, capacity, and skill of the offeror to provide the service and work with teacher/staff. Provide 3 references for similar services as requested in the RFP.

20%

Ability of offeror to complete appropriate paperwork and produce high quality, detailed reports. (Samples of goals and objectives, evaluation reports, progress reports, and plan of care are requested)

20%

Geographic location and accessibility of main office and personnel of offeror relative to King William, Virginia.

15%

SCOPE OF WORK

BASIC INFORMATION: For the 2024-2025 school year, PT services were provided to approximately 13 students at 4 schools. Students received direct therapy sessions on average of 30 minutes, one to two times per week or as outlined in the Individualized Education Plan (IEP).

Children receiving consultative services are to be evaluated and monitored as outlined in the child’s IEP.

OT services were provided to approximately 106 students at 4 schools. Students received direct therapy sessions on average of 30 minutes, one to two times per week or as outlined in the (IEP).

Children receiving consultative services are to be evaluated and monitored as outlined in the child’s IEP.

Speech Therapy services were provided to approximately 69 students at 4 schools. Students received direct therapy sessions on average of 30 minutes, one to two times per week or as outlined in the IEP. Children receiving consultative services are to be evaluated and monitored as outlined in the child’s IEP.

Vision Services were provided to approximately 1 students at 4 schools. Students received direct therapy sessions on average of 30 minutes, one to two times per week or as outlined in the IEP.

Children receiving consultative services are to be evaluated and monitored as outlined in the child’s IEP.

Hearing Services were provided to approximately 4 students at 4 schools. Students received direct therapy sessions on average of 30 minutes, one to two times per week or as outlined in the IEP. Children receiving consultative services are to be evaluated and monitored as outlined in the child’s IEP.

All services are provided in accordance with the student’s IEP. KWCPS does not guarantee a specific number of students to be served. This number may vary according to the individual needs of the students.

Eligibility for related services is an IEP committee decision. Determination will be based upon the criteria worksheets provided through the Virginia Department of Education and based on IDEA standards. The committee must determine if the services are required to assist a child with a disability to benefit from special education. Evaluation and IEP goals and objectives are to address educational performance and educationally relevant goals.

No initial Physical, Occupational, or Speech Therapy services will be added to the IEP without an evaluation, goals and objectives. The decision regarding the frequency and amount of time for therapy must be made by the student’s IEP committee. A copy of the Physical Therapy evaluation, Occupational Therapy evaluation and/or a copy of the Speech and/or Language evaluation must be sent to the Director of Special Programs prior to the Eligibility or IEP meeting. Timelines and regulations established by the Virginia Department of Education for the provision of special education must be observed by the therapist(s).

The Service Provider will be responsible for providing instructions and demonstrations to school personnel and parents to enable them to follow through with activities and/or exercises that will assist the student to meet the educational goals of the therapy. The Service Provider will work cooperatively with school personnel in providing an interdisciplinary approach in the provision of services to children with disabilities.

Services are to be provided in an educational setting as prescribed by the IEP.

At the beginning of each school year, all therapists who provide services for students may be required to attend an in-service on policy/procedures and IEP writing.

Reporting: All session must be reported in KWCPS system of record, currently Virginia IEP, within a timely manner.

PROGRESS REPORTS: Progress reports for all services are to be made to parents as agreed upon between the provider and the Director of Special Programs. Copies of progress reports will be also be supplied to the IEP Case Manager by the Service Provider.

MISSED SESSIONS: All Therapy sessions missed due to absence of the therapist will be rescheduled to ensure that students have received services. The Service Provider will provide the office of the Director of Special Programs, on a monthly basis, a report of missed sessions due to student (s) absence.

BILLING: The service provider must submit a monthly statement of the following:

o Service Provided (evaluation, therapy, IEP meeting or eligibility meeting), o Location Served (school);

o Date of Service;

o Duration of Session Rate Charged Therapist Providing Service.

PAYMENT: A unit of therapy will be 15 minutes. Fees for services will be based on a unit of therapy which includes: providing direct therapy, providing goals/objectives/progress reports, provide evaluations and re-evaluations, provide requested reports, attending IEP and eligibility meetings as requested by Director of Special Programs and consulting with Director of Special Programs and/or school personnel, required travel. There will be no additional billing for consultations with special services staff.

EVALUATION OF PROPOSALS

The Committee shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the purchasing agency shall select, in the order of preference, two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror.

Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. The Committee reserves the right to make multiple awards as a result of this solicitation. Should the Committee determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

QUESTIONS REGARDING PROPOSAL

Any questions must be submitted in writing by 4:30 p.m. on Tuesday, February 25, 2025.

Questions should be e-mailed to Julie Mills at jumills@kwcps.k12.va.us. No changes resulting in questions are official unless issued in writing in the form of an addendum. Absolutely NO contact shall be made by the Vendor with any member of the evaluation committee. Violation will result in rejection of the proposal. The individual named above is the sole contact for any and all inquiries after this RFP has been released.

PROPRIETARY INFORMATION

If your proposal contains proprietary information, it must be clearly stated on a separate cover explaining which sections are proprietary and why. Additionally, each page/selection must be clearly marked as to what is proprietary

PERFORMANCE REQUIREMENTS

Timely completion of the work provided under the proposed agreement is of the essence.

Consequently, the consultant must be capable of responding promptly to specific requests for service.

CONTRACT PERIOD

The contract will be effective from July 1, 2025 through June 30, 2026. The contract may be renewed for (4) four additional one-year terms, if both parties agree in writing. If both parties cannot agree to any terms or conditions, the contract will be re-bid.

ADDITIONAL CONTRACTS

KWCPS reserves the right to issue, at its sole discretion, more contracts under this RFP, or to issue additional RFP’s for similar work. KWCPS also reserves the right to issue project orders to other Open-End Contractors.

REJECTION OF PROPOSALS

KWCPS reserves the right to reject any or all bids, to waive informalities or irregularities and to contract as the best interest of the King William County Public School System may require.

GENERAL TERMS AND CONDITIONS

VENDORS MANUAL

This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual.

A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab.

APPLICABLE LAWS AND COURTS

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

ANTI-DISCRIMINATION

By submitting their proposals, offerors certify to the Committee that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, KWCPS may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ETHICS IN PUBLIC CONTRACTING

By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

IMMIGRATION REFORM AND CONTROL ACT OF 1986

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

DEBARMENT STATUS

By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

ANTITRUST

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

MANDATORY USE OF FORMS

Failure to submit a proposal on the form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, KWCPS reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

CLARIFICATION OF TERMS

If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than ten working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

PAYMENT

1. To Prime Contractor:

A. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

B. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however.

C. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

D. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

E. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, KWCPS shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.24363)

2. To Subcontractors:

A. Within seven (7) days of the contractor’s receipt of payment from KWCPS, a contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

B. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from KWCPS, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of KWCPS.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. KWCPS encourages contractors and subcontractors to accept credit card payments without an associated fee.

PRECEDENCE OF TERMS

The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS

AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING,

IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS,

ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

QUALIFICATIONS OF OFFERORS

KWCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to KWCPS all such information and data for this purpose as may be requested. The Committee reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. KWCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy KWCPS that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

TESTING AND INSPECTION

KWCPS reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

ASSIGNMENT OF CONTRACT

A contract shall not be assignable by the contractor in whole or in part without the written consent of KWCPS.

CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract.

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 award. 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 their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

B. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

C. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

DEFAULT

In case of failure to deliver goods or services in accordance with the contract terms and conditions, KWCPS, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs.

This remedy shall be in addition to any other remedies which KWCPS may have.

WARRANTY

The bidder agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the bidder gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the School Board by any other clause of the solicitation. A copy of this warranty should be furnished with the bid. The bidder shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list and a copy of all warranties.

INSURANCE

KWCPS must be listed as a Certificate Holder when contracted work might result in injury or property damage. By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded and certifies it will immediately add KWCPS as a Certificate Holder as listed. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2- 4332 and 65.2-800 et seq. of the

Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers Compensation – Statutory requirements and benefits; must provide a Certificate of Insurance showing proof of coverage. Coverage is compulsory for employees of three or more employees, to include the employer. Contractors who fail to notify KWCPS of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. 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. King William County Public Schools shall be added as an additional insured to the policy by an endorsement. The contractor shall be totally responsible for damages to the premises including crane and truck operations on sidewalks, pavement and or grass.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by King William County Public Schools is to be used in the contract.

Contractor must assure that the required coverage is maintained by the Contractor (or third party 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, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include 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.) $2,150,000 per occurrence, $4,250,000 aggregate (Limits increase each July 1 through fiscal year 2031per 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

ANNOUNCEMENT OF AWARD

Upon the award or the announcement of the decision to award a contract over $30,000 as a result of this solicitation, the purchasing agency will publicly post such notice for a minimum of 10 days.

DRUG-FREE WORKPLACE

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the 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 the 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 the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

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.

NONDISCRIMINATION OF CONTRACTORS

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

It is the policy of KWCPS to contribute to the establishment, preservation, and strengthening of small businesses owned by women and minorities and to encourage their participation in State procurement activities. KWCPS encourages contractors to provide for the participation of small businesses and businesses owned by women and minorities though partnerships, joint ventures, subcontractors, or other contractual opportunities.

CONTRACTOR’S EMPLOYEES

The contractor certifies that no employees, having direct contact with students, has ever been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child and that neither has been convicted of a crime of moral turpitude. Upon submitting a proposal, the contractor must provide certification of this statement. The contractor shall not send any employee or agent who is a registered sex offender to any school building or school property. Monthly, the contractor shall check the registry to determine if the employee is registered.

AVAILABILITY OF FUNDS

It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

BID PRICE CURRENCY

Unless stated otherwise in the solicitation, offerors shall state offer prices in US dollars.

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title

13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

SPECIAL TERMS AND CONDITIONS

AWARD

KWCPS shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for Proposals and all information developed in the selection process to this point, the purchasing agency shall select, in the order of preference, two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror.

Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. KWCPS reserves the right to make multiple awards as a result of this solicitation. Should KWCPS determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

CANCELLATION OF CONTRACT

KWCPS may cancel the contract without penalty when it is determined to be in the best interest of the school system (termination for the convenience of KWCPS). Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

LAWS AND REGULATIONS

(a) The contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work and shall give all notices required thereby. The Contractor shall assure that all Subcontractors and tradesmen who perform Work on the project are properly licensed by the Department of Professional and Occupational Regulation as required by Title 54.1, Chapter 11, Articles 1 and 3 and by applicable regulations.

(b) This contract and all other contracts and subcontracts are subject to the provisions of Articles 3 and 5, Chapter 4, Title 40.1, Code of Virginia, relating to labor unions and the “right to work.” The contractor and its subcontractors, whether residents or nonresidents of the Commonwealth, who perform any work related to the project shall comply with all of the said provisions.

(c) The provisions of all rules and regulations governing safety as adopted by the

Safety Codes Commission of the Commonwealth of Virginia and as issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia shall apply to all work under this contract. Inspectors from the Department of Labor and Industry shall be granted access to the work for inspection without first obtaining a search warrant from the court.

(d) The Contractor is neither required nor prohibited from entering into or adhering to agreements with one or more labor organizations, or otherwise discriminating against subcontractors for becoming or refusing to become, or remaining signatories to or otherwise adhering to, agreements with one or more labor organizations. This section does not prohibit contractors or subcontractors from voluntarily entering into agreements with one or more labor organizations. Both the agency and contractor are entitled to injunctive relief to prevent any violation of this section.

This section does not apply to any public-private agreement for any construction in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy and perform all work associated with such investment or partnership in compliance with all collective bargaining agreements to which the private party is a signatory and is thus legally bound with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.

This section does not prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act from entering into agreements or engaging in any other activity protected by law.

This section shall not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act.