ALEXANDRIA CITY SCHOOL BOARD

dba

ALEXANDRIA CITY PUBLIC SCHOOLS

REQUEST FOR PROPOSAL (RFP)

FOR

CABLING AND LOW VOLTAGE SYSTEMS MAINTENANCE SERVICES

RFP NUMBER 123895

CLOSING DATE: AUGUST 21, 2026

CLOSING TIME: 3:00 PM EST

ONLY ELECTRONIC RESPONSES VIA eVA (electronic Virginia’s) website will be accepted, Vendor Registration is required to submit a response please use the following link to eVA https://eva.virginia.gov/

All Proposals shall remain valid for a period of ninety (90) days.

ALEXANDRIA CITY PUBLIC SCHOOLS

DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS

Date of RFP – July 22, 2026 https://eva.virginia.gov/

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SOLICITATION INFORMATION SHEET

Issue Date: July 22, 2026

RE: RFP NO. 123895 - Cabling and Low Voltage Systems Maintenance Services Commodity Code: 20413, 20464,28510, 28070,28024, 28058, 91052,91082, 93600, 28796, 96218

To Whom It May Concern:

Alexandria City School Board dba Alexandria City Public Schools (ACPS) is seeking competitive responses from Offerors to establish a contract for Cabling and Low Voltage Systems Maintenance Services in accordance with all terms and conditions as set out in this Request for Proposal (RFP). This solicitation is open to all vendors, however, all Offeror’s qualification(s) contained herein are required to be met to be considered for the award of a Contract. The final scope of services will be negotiated with the successful Offeror(s).

ACPS reserves the right to cancel this RFP and/or reject any or all proposals, to waive informalities in any proposal, to award any whole or part of a proposal, and to award to the

Offeror(s) whose proposals are, at the sole discretion of the Parties, determined to be in the best interest of Alexandria City Public Schools.

Each Offeror(s) is solely responsible for ensuring that they have the current, complete version of the RFP 123895 documents, including any addenda, before submitting a proposal.

Questions and Interpretation of Solicitation: All questions must be submitted via email directly to Angela.Queen@acps.k12.va.us, with the subject line: “RFP 123895: Cabling and Low Voltage Question”, by or before 1:00 p.m. EST July 30, 2026. No verbal questions shall be allowed.

Interpretations, changes, or clarifications that ACPS deems necessary in response to such questions will be issued as formal Addenda and posted on www.eva.virginia.gov. Offerors are solely responsible for checking regularly for all Addenda.

Angela Queen, VCA Senior Buyer file:///C:/Queen/Request%20for%20Proposal/RFP%20Cabling%20and%20low%20voltage%20systems%20maintenance%20services/Angela.Queen@acps.k12.va.us http://www.eva.virginia.gov/

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TABLE OF CONTENTS

(RFP) NO. 123895

Purpose of this RFP 4

Background 4

Instructions to Offerors 4

Proposal Timeline Overview 6

Response Format 7

Scope of Work 9

Submittal Procedure 11

Evaluation Criteria 11

Selection Process 12

Attachment A – Sample Contract 22

TERMS OF USE AGREEMENT 36

Attachments B – Proposal Forms 41-48

Attachment C – Insurance Requirements 49

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SECTION 1. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract with a sole provider through competitive negotiations to provide Cabling and Low Voltage Systems Maintenance Services for the school district. ACPS invites any qualified Offeror to respond to this RFP by submitting a proposal for such service consistent with the terms and conditions herein set forth. ACPS reserves the right to make multiple awards from this RFP and the right to select different offeror(s) if it is in the best interest of ACPS. The final scope of services will be negotiated with the successful Offeror(s).

SECTION 2. BACKGROUND

ACPS is committed to providing the needed resources, experiences and instruction required to help every student succeed. As part of that commitment, ACPS is seeking a Network Consulting and Services for a multisite network comprised of Novell Networking, Linux and Windows Services and Backup services for the three systems.

Alexandria City Public Schools (ACPS) serves more than 16,000 students who are from more than 119 countries and speak 121 languages. ACPS has 18 schools, including two middle schools, two K-8 schools, one pre-K school and one High School. ACPS is committed to ensuring that each and every student succeeds.

SECTION 3. INSTRUCTIONS TO OFFERORS

A. Proposals must be submitted in accordance with the instructions and requirements contained in this RFP, including the Introduction. Failure to do so may result in the proposal being considered non-responsive and it may be rejected. An offeror must promptly notify the Procurement office of any ambiguity, inconsistency, or error that may be discovered upon examination of the RFP. An Offeror requiring clarification or interpretation of this RFP should contact Angela Queen at Angela.Queen@acps.k12.va.us.

B. Prospective Offerors are to address the criteria below at a minimum as part of their submitted proposal. Each proposal should include a transmittal letter and a management overview of the proposal. Proposals are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of ACPS, which may also be considered.

1. Understanding of the RFP and Technical Approach: Each Offeror shall provide a statement and discussion of the requirements as they are analyzed by the Offeror. Each Offeror shall propose a definitive Scope of Work with an explanation of technical approaches and a detailed outline of the proposed process for executing the requirements of the scope and achieving the objectives of this Request for Proposal.

2. Work Plan Methodology and Project Delivery Schedule: Each Offeror shall present a description of the phase or segments into which the proposed program can be logically divided and performed. The plan must address separately each of the tasks described in this RFP. This section should also contain a discussion of any changes proposed by the Offeror that substantially differ from the project scope described in this RFP. Further, this section shall include detailed descriptions of activities, and anticipated deliverables.

3. Organizational structure and qualifications of management personnel: Prospective Offerors should submit, at a minimum, the length of time in the business, corporate experience, strengths in the industry, business philosophy, and a description of the mailto:dyanna.mcmullen@acps.k12.va.us

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4. Financial condition of the firm and ability to perform all obligations of any resultant contract.

The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFP. Each Offeror shall provide a current annual financial report and the previous year’s report and a statement regarding any recent or foreseeable mergers or acquisitions.

5. Each Offer is to state whether or not: Offeror’s owners, officers, employees or agents, or their immediate family members, is currently, or has been in the past year an employee of ACPS or has any responsibility or authority with the Parties that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to either or both entities.

Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 5 of this RFP, applies.

6. Experience: a minimum of three (3) references from projects, similar to the size and scope of the work requested by this RFP, successfully completed within the past five (5) years.

Each Offeror shall expand on all experience in working with school systems of similar size.

7. Cost Proposal: Separate document from their technical proposal, the offeror must submit a cost proposal which shall include any proposed fees (i.e. travel costs, etc.).

Offerors should list areas of additional capabilities and services with rates for each service, if applicable.

8. The ability, capacity and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference shall be considered and evaluated.

9. The character, integrity, reputation, judgement, experience, efficiency, and effectiveness of the Offeror.

10. The quality and timeliness of performance of previous contracts or services of the nature described in this RFP.

11. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases, or services.

C. Each Offeror should provide the names, address and telephone numbers of at least three (3) references in connection with supplying the services or items requested in this RFP within the last five (5) years, especially from other School operations similar to those being requested in this RFP. Each reference should include the organizational name, official address, contact person, title of contract, number of years in use, email address, and phone number.

D. Also include any other materials you may want to submit as part of your proposal response.

E. Responses to this RFP must be in the prescribed format, Section 5. Response Format

F. ACPS may request additional information, clarification, or presentations from any of the Offerors after review of the proposals received.

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G. ACPS has the right to use any or all ideas presented in reply to this RFP and the right to select different materials if it is in the best interest of ACPS.

H. ACPS reserves the right to make multiple awards from this RFP and the right to select different offeror(s) if it is in the best interest of ACPS.

I. ACPS is not liable for any costs incurred by any Offeror in connection with this RFP or any response by any Offeror to this RFP. The expenses incurred by the Offeror in the preparation, submission and presentation of the proposal are the sole responsibility of the Offeror and may not be charged to ACPS.

J. Vendors requiring print resources and ancillary materials returned after evaluation should state that information in their proposal and provide pre-paid shipping labels for those returns.

K. Each Offeror who is a stock or Non-stock Corporation, Limited Liability Company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law.

Each such Offeror shall include in its proposal response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its proposal response a statement describing why the Offeror is not required to be so authorized. (See VA. Code Section 2.2-4311.2).

L. Each Offeror is required to state if it has ever been debarred, fined, had a contract terminated, or found not to be a responsible Offeror by any federal, state, or local government, and/or private entity. If so, please provide details for each such matter and include this information in the proposal response.

M. Upon notification of selection only, the successful Offeror is required to register on ACPS’ Vendor Self-Service Registration System at https://acpsvendors.munisselfservice.com/

N. Upon execution of a contract for services, the Successful Offeror must submit to ACPS a copy of its certificate of insurance in a form acceptable to ACPS.

SECTION 4. PROPOSAL TIMELINE OVERVIEW

Listed below are the tentative timeframes for events related to the RFP and ACPS’ due diligence process. The activities with specific dates must be completed as indicated unless otherwise changed by the ACPS. ACPS reserves the right to modify any timeframe or deadline in this RFP.

If the ACPS finds it necessary to change any timeframe or deadline listed below or in this RFP, it will do so by issuing an addendum to the RFP.

Event Timeframe

Request for Proposals Issuance July 22, 2026

Deadline for Receipt of Questions July 30, 2026 @ 1:00 p.m. EST

Addendum Posted August 3, 2026

Proposals Due August 21, 2026 @ 3:00 p.m. EST

Oral Presentation Week of September 14, 2026

Contract Award September 2026 https://acpsvendors.munisselfservice.com/

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SECTION 5. RESPONSE FORMAT.

The information listed below shall be submitted with this Request for Proposal for ease of review and understanding. File One (1) Proposal and File Two (2) Cost Proposal shall be submitted with a table of contents, each section clearly labeled in tabs as outlined below, and page numbers. Failure of an Offeror to comply may result in the rejection of its proposal. A qualifying submission shall have the following formatting requirements:

● Minimum Font Size: 11 point

● Include Table of Contents

● Include tabs/dividers for each section

● Maximum Page Limit: 100 pages

● Include page numbers for all documents

● Do not include a copy of the RFP

Proposal Contents File (1): Identifies the minimum proposal response documents that should be provided to ACPS. A fully executed Request for Proposal must include the following in each section:

● TAB 1: Administrative

A. Letter of Transmittal: An executive summary of the Offeror’s understanding of the services sought through the RFP and a description of the Offeror’s underlying philosophy in providing the services

B. Expertise and Understanding of RFP and Technical Approach: The Offeror must provide a written narrative statement to demonstrate the understanding, ability, and willingness to satisfy all the specified requirements and meet the project goals stated in this RFP

➢ Provide an executive summary which includes your firm’s history, ownership, products or services offered, qualifications, and financial status.

➢ Provide a non-technical summation of your firm’s understanding of the proposal.

➢ Describe the Offeror’s experience in providing similar services.

➢ How long has the Offeror been providing these specific services?

➢ Is the Offeror’s business line solely performing Consulting Services/Project

Management?

➢ Whether the Offeror can provide the services and/ or deliver the items in a prompt and timely manner.

➢ The Offeror’s technical plan and approach towards providing the requested

Consulting Services/Project Management.

● TAB 2: Forms/Exceptions

C. Proposal Form(s): Completely filled in and appropriately signed by authorized personnel.

➢ Proposal Form(s); Attachment B

➢ Trade Secrets or Proprietary Information

➢ Conflict of Interest Statement

➢ References

➢ W-9 Request for Taxpayer Identification Number and Certification

➢ The Insurance Requirements Checklist; Attachment C

➢ Location and POC Information; Attachment E

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D. Exceptions and Proprietary Information: Offerors must specify in a cover sheet any sections containing trade secrets or proprietary information. Offerors must also specify any exceptions to the Sample Contract, attachment A, or any terms and conditions of the RFP.

● TAB 3: Firm Profile/ Experience and RFP

E. Organizational Chart: Provide your firm’s organizational chart (block diagram) for this project.

F. Key Staff and Qualifications: Identification and statement of qualifications for key personnel and all consultants who will be assigned to the project. Provide information that documents the personnel’s qualifications to produce the required outcomes, including your firm’s capacity for providing the required services.

➢ An organization chart that includes only those team members that will be active and ongoing participants on the project.

➢ Identify the key point of contact for ACPS and the project team.

G. Work Assignments: Describe how the Offeror will assign and limit workload to complete this project within the proposed schedule and to meet the stated project goals.

H. Experience: List and describe similar public school Network Consulting and Services in the last five (5) years by your firm, to include the name, address, phone number, and email address of the owner’s point of contact. Provide a minimum of three project examples that are commensurate with the scope of work and characteristics of this

RFP.

● TAB 4: Proposal Response

I. Work Plan Methodology and Approach (Exhibit A): Offeror shall also present how the proposed services can be divided and performed and a sample schedule for the project.

➢ Whether the Offeror can provide the services and deliver the items in a prompt and timely manner.

➢ The Offeror’s written technical plan and approach towards providing the requested Cabling and Low Voltage Systems Maintenance Services

➢ Successes on projects similar in size and scope

• Cost Proposal File Two (2) - Billing shall be based upon usage. Provide a detailed cost proposal for the services and/or items described in this RFP. Do not include it with the proposal.

• Fee Schedule shall include all services required under the Scope of Work

➢ Provide a breakdown of hourly rates and assumed hours, by position, utilized to develop the lump sum prices provided.

➢ Scope Modifications: Provide a list of additional services recommended beyond those requested in this document and proposed pricing related to each proposed service.

➢ Example of fee breakdown

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SECTION 6. SCOPE OF SERVICES

The following are the services that the successful Offeror (also referred to sometimes as Consultant) will be required to provide to ACPS. Each Offeror shall address and describe how Network Consulting and Support Services will be handled for the Alexandria City Public Schools (ACPS) technology infrastructure, including but not limited to staffing, required technology, and response time.

It is highly recommended that each Offeror address each section in detail, as outlined below, to allow an equitable assessment of each submittal: OFFERORS ARE REQUESTED TO SUBMIT

THIS INFORMATION IN THEIR TECHNICAL PROPOSAL EXHIBIT A.

1. Local Area Network: Support and maintenance of fiber optic backbone and twisted pair workstation cabling.

2. Wireless Network: Mounting of wireless access points. Installation of twisted pair cables to support access points.

3. CATV System: Installation of coax cable drops, maintenance of taps, splitters and amplifiers in support of the CATV system in each building.

4. PA System:

• Support and maintenance of Rauland school paging system. Hardware maintenance, replacement, programming and cabling, upgrade and migrations.

• Additional low voltage Items and systems offered by the vendor through their support catalog.

5. Escalation Process: The Offeror shall provide an escalation chart that includes:

• First-level support contact and backup

• Account manager contact

• Escalation timeframes for unresolved issues

6. Expectations:

Ref. Description Yes No

A.1 Provide support and maintenance for the fiber backbone and twisted-pair workstation cabling for the ACPS Local Area Network.

A.2 Provide mounting for wireless access points and installation of twisted-pair cables to support access points for the ACPS Wireless Network.

A.3 Provide installation of coax cable drops, maintenance of taps, splitters, and amplifiers in support of the CATV system in each building.

A.4 Provide support and maintenance of the Rauland school paging system as well as hardware maintenance, replacement, programming, and cabling.

A.5 Provide support and maintenance of station cabling and phone system programming for the ACPS legacy phone systems.

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In addition to providing cabling and low voltage systems maintenance services, briefly describe any additional services your firm could provide to ACPS. In your response, please list these as alternate services.

A description and/or listing of the services and/or items that the successful Offeror will be required to provide to ACPS under this RFP are those as set forth above as well as those referred to in any way in this RFP, and in the sample contract, any terms and conditions, and/or any attachments to this RFP. Each Offeror should carefully read and review all such items and should address such items in its proposal. However, the final description of the services and/or items to be provided to ACPS under this RFP is subject to negotiations with the successful Offeror, and final approval by ACPS.

SECTION 7. SUBMITTAL PROCEDURES

Vendors must be registered with eVA before the opening date and time, as specified on the cover page of this solicitation or subsequent addenda. The registration process must be completed before submitting any response to a solicitation, so allow enough time to complete that process first.

Only electronic responses eVA (electronic Virginia) website: proposals will be accepted on or before the RFP closing date and time. No paper copies are allowed. Exceptions to the RFP requirements are not allowed. Taking exception to the RFP requirements may result in a conditional proposal. Conditional proposals are not acceptable and may be rejected in whole or in part.

Proposals received after the date and time specified shall not be accepted or considered.

A proposal shall contain the original signature of an individual who is authorized to bind the Company. The original signature should be provided on the RFP Form and on all other proposal documents where a signature is required. REGISTRATION IS REQUIRED PRIOR TO

SUBMITTAL. ALLOW TIME FOR PROCESSING AND ACTIVATION.

SECTION 8. EVALUATION CRITERIA.

Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements of this RFP. The Parties believe all these items to be of importance. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to, the items referred to above and those set forth below:

A. The Offeror must demonstrate in its Proposal and any subsequent discussions with ACPS that it has a clear understanding of ACPS’s needs and proposed approach to the Work as set forth in the RFP;

B. The Offeror must possess the ability, experience, capabilities, skill and financial resources to perform the Work and fulfill the requirements under a resulting Contract on a timely basis;

C. The Offeror must have performed satisfactorily in previous contracts of similar size and scope with ACPS and/or other organizations, especially local municipal governments.

Failure to have an acceptable performance is grounds for being non-responsive to this

RFP;

D. If the Offeror has not performed a contract of similar size and scope, the Offeror and/or its team members must demonstrate its capability to perform the Work set forth in the RFP and fulfill the requirements under a Contract resulting from the RFP;

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E. The Offeror, its employees and its independent consultants are properly licensed under applicable federal, state, and local laws;

F. The qualifications, technical experience and availability of the personnel who will be assigned to the Contract demonstrating the expertise required for this project; and

G. The Offeror must possess a demonstrated knowledge of all federal, state, and ACPS laws, codes and regulations relating to or applicable to the scope of work set forth in this solicitation.

H. Reasonableness/competitiveness of proposed fee, and/or benefits to ACPS, although ACPS is not bound to select the Offeror who proposes the lowest fees or most benefits for services. ACPS reserves the right to negotiate fees and/or benefits to ACPS with the selected Offeror(s).

I. Documented experience in understanding the standards of Professional Learning, especially as it pertains to ACPS’ strategic plan.

J. Proposal demonstrates a long-term strategy for improving professional learning

K. Proposal is grounded in research that has shown the ability to achieve desired results and outcomes in similar districts

L. Documented experience in building district capacity to carry out recommendations from evaluation findings. Offeror demonstrates the ability to develop formative evaluation systems to track district progress in implementing action steps and overall professional learning delivery.

In addition to the requirements above, an Offeror shall be prepared to submit, within five (5) Business Days after a request is made by ACPS, detailed written evidence such as proof of licensing, current commitments and any other information as may be necessary to demonstrate the Offeror’s qualifications to perform the Work.

Offerors will be evaluated for selection on the basis of those most qualified to meet the requirements of this RFP. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to, the items referred to in the Scope of Work above, and those criteria set forth below with a maximum of one hundred (100) points:

Offeror’s will be evaluated based on the extent to which each proposal meets the requirements of the RFP and demonstrates the Offeror’s ability to successfully perform the services sought by ACPS. After demonstrating an ability to meet the minimum requirements, proposals that meet the qualification requirements as set forth in this solicitation will be evaluated using the following criteria:

Evaluation Criteria:

ITEM DESCRIPTION POINTS

The background, education and experience of the Offeror in providing similar services or items elsewhere, including the level of experience in working with other school systems, and the quality of services and Vendor key personnel experience or customer service supplied

The Offeror’s ability, capacity, and skill to fully and satisfactorily provide the items and/or services required in this RFP

3 Technical Approach & Understanding of Scope of Work 20

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4 Thoroughness, quality, and specificity Offeror’s Work Plan Methodology and Proposed Schedule to deliver services requested in a prompt and timely manner

5 Proposed SLA and Performance Standards 15

8 Cost Proposal 5

9 The Offeror’s responsiveness and compliance with the RFP requirements and conditions

Pass/Fail

Determination that the selected Offeror has no contractual relationships which results in a conflict of interests with ACPS’s contract

Pass/Fail

TOTAL 100

Evaluation of proposals and selection of the Offeror will be a collaborative effort that will include voting representatives from ACPS.

SECTION 9. SELECTION PROCESS.

A. Pursuant to Section 2.2-4301 (3)(b) of the Code of Virginia, selection shall be made of one

Offeror deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation of factors included in this RFP, including price. Negotiations shall be conducted with the Offeror so selected. Price shall be considered, but need not be the sole determining factor.

After negotiations have been conducted with each Offeror so selected, ACPS shall select the Offeror that has made the best proposal and may make a recommendation for award of the contract to the ACPS School Board. ACPS may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should ACPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated, and a recommendation of award be made to the ACPS School Board for that Offeror.

B. All proposals submitted in response to this RFP will be reviewed by the Procurement Office for responsiveness prior to referral to a selection committee or person. A committee consisting of ACPS personnel and/or others will then evaluate all responsive proposals, conduct the negotiations, and make recommendations to the ACPS School Board, as appropriate. The award of a contract, if made, will be made to the Offeror whose proposal best furthers the interest of ACPS, as determined by the ACPS School Board. ACPS reserves the right to reject any and all proposals, to waive any informality or irregularity in the proposals received, and to make the award to the Offeror whose proposal is deemed to be in the best interest of ACPS.

C. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the selection committee. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. The oral presentation is a fact-finding and explanation session only and does not include negotiation. Oral presentations are strictly at the option of ACPS and may or may not be conducted. It is anticipated that these presentations, if scheduled, may occur on the week of September 14, 2026.

SECTION 10. COOPERATIVE PROCUREMENT.

The procurement of goods and/or services provided for in this Contract is being conducted pursuant to Virginia Code Section 2.2-4304 and on behalf of other public bodies in Virginia.

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Unless specifically prohibited by the Awarded Offeror, any resultant contract may be used by other public bodies in Virginia as allowed by Section 2.2-4304. The Awarded Offeror shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to this Contract or from this procurement and in accordance with Virginia Code Section 2.2-4304.

ACPS shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the Consultant or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision.

SECTION 11. INFORMATION ON CONTRACT TO BE AWARDED.

The Sample Contract marked as Attachment A to this RFP contains terms and conditions that ACPS plans to include in any contract that may be awarded, but such terms and conditions may be changed, added to, deleted, or modified as may be agreed to between ACPS and the Offeror during negotiations. However, if an Offeror has any objections to any of the terms or conditions set forth in the Sample Contract or any changes or additions thereto that the Offeror wants to discuss during negotiations, the Offeror should set forth such objections, changes, or additions in such Offeror’s proposal submitted in response to this RFP. Otherwise, submission of a proposal by an Offeror will obligate such Offeror, if it is the Successful Offeror, to enter into a contract containing the same or substantially similar terms and conditions as contained in such Sample Contract. Other terms and conditions, if necessary, will be negotiated with the Successful Offeror.

SECTION 12. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP

If an Offeror discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, it shall immediately notify the Director of Procurement of such error in writing and request modification or clarification of the RFP. Any Proposal that includes assumed clarifications and/or corrections without the required authentication of the same shall be subject to rejection by ACPS.

Any necessary modification or clarification to the RFP will be made and corrections posted by an Addendum to this RFP.

SECTION 13. PROPOSAL AND PRESENTATION COSTS

ACPS shall not be liable in any way for any costs incurred by any Offeror in the preparation of its proposal in response to the RFP.

SECTION 14. WAIVER OF INFORMALITIES

ACPS reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a proposal insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the goods, services and/or construction being procured. If insufficient information is submitted for ACPS to properly evaluate the proposals by an Offeror, ACPS reserves the right to require such additional information as it may deem necessary after the RFP closing time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

SECTION 15. TIE BIDS

a. If two (2) or more Offeror’s submit Proposals that are identical as to price, quality, and service, preference shall be given to goods produced in Virginia or goods or services or construction provided by Virginia persons, firms, or corporations;

otherwise, the tie shall be decided by lot or as hereinafter provided.

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b. Whenever any Offeror is a resident of any other state and such state under its laws allows a resident Vendor of that state preference, a like preference may be allowed to the lowest responsible Offeror who is a resident of Virginia.

SECTION 16. PROPOSAL WITHDRAWAL PROCEDURE

An Offeror may withdraw its Proposal from consideration at any time prior to the Proposal opening by notifying the ACPS Director of Procurement in writing.

Subsequent to the commencement of the proposal opening procedure, an Offeror may withdraw its Proposal from consideration if the price submitted is substantially lower than other Proposals due solely to a mistake therein, provided:

(i) that the Proposal was submitted in good faith;

(ii) and the mistake was a clerical mistake as opposed to a judgment mistake was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of the Proposal;

and

(iii) that the unintentional nature of the arithmetic error or omission is clearly shown to the Procurement Manager’s satisfaction by objective evidence drawn from original work papers, documents, and materials used in the preparation of the Proposal sought to be withdrawn. Written notice of the Proposal withdrawal must be provided by the Offeror within two (2) Business Days of the conclusion of the proposal opening procedure. By close of business on the second business day following the written notice of withdrawal, the Offeror must submit to the ACPS Director of Procurement all original work papers, documents, and materials used to prepare the Proposal.

The aforementioned notice and documents must be delivered in person or by registered mail to the ACPS Director of Procurement. The ACPS Director of Procurement’s determination shall be made in writing within five (5) Business Days of receipt of the notice of the Proposal withdrawal, shall state the reason for denial of the request for withdrawal (if applicable), and may only be based upon the original work papers, documents, and materials delivered as requested above.

SECTION 17. PROPOSAL ACCEPTANCE

Submission of a signed Proposal is certification by the respective Offeror that it is registered with the Virginia State Corporation Commission, if applicable, it is the legal entity authorized to enter into an agreement with ACPS, and that it will accept any award made to it as a result of the submission.

ACPS’ Purchase Order will serve as a payment document and Agreement, and the Purchase Order Number shall be shown on all invoices and correspondence.

SECTION 18. EXAMINATION OF SOLICITATION DOCUMENTS

It is the responsibility of each Offeror to examine thoroughly the Solicitation Documents and other related data identified in the RFP before submitting a Proposal in response to the RFP.

SECTION 19. PAYMENT TERMS

Payment terms will be recorded by ACPS as Net forty-five (45) days. ACPS will pay the Vendor within forty-five (45) calendar days after the date of receipt of a correct, as determined by

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Transportation, invoice approved by the Transportations’ designee describing the approved delivery and the acceptance of the items which meets the Contract requirements, whichever is later. Payments will be made by ACPS for goods furnished, delivered, inspected, and accepted upon receipt of invoices submitted on the date of shipment or delivery of service, subject to applicable payment terms. The number of the ACPS Purchase Order pursuant to which authority shipments have been made shall appear on all invoices. Invoices shall be submitted in duplicate.

Unless otherwise specified herein, payment shall not be made prior to delivery and acceptance of the entire order by ACPS.

After acceptance of the Contract, the successful vendor may invoice monthly for services completed.

When submitting the FINAL invoice, Vendor shall indicate as such on the document, marking with a clear stamp or marking of FINAL. By submitting and being compensated for said final invoice, Vendor agrees that the payments rendered are in full compensation for the Work and constitute Accord and Satisfaction of any duties, obligations, or requirements of the Parties. Vendor also releases its rights to any and all claims or disputes related to the provision of the Work, whether known or unknown.

SECTION 20. NEGOTIATIONS WITH OFFEROR

Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the public body can be negotiated at a price considered fair and reasonable and pursuant to contractual terms and conditions acceptable to the public body, 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.

Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the Request for Proposal, a public body may award contracts to more than one offeror.

Should the public body 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.

Any such negotiated contract shall be subject to final approval of ACPS, in the sole discretion of

ACPS.

SECTION 21. DISCRIMINATION BY VENDOR PROHIBITED

During the performance of this Contract, the Vendor agrees as follows:

a. The Vendor 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 federal or Virginia law related to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary or related to the normal operation of the Vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Vendor, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, will state that the Vendor is an Equal Opportunity Employer.

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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 Vendor will comply with the provisions of the Americans with Disabilities Act of 1990 and its most current revisions, which prohibits discrimination against individuals with disabilities in employment, and mandates their full participation in both publicly and privately-provided services and activities.

e. The Vendor will include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000.00, so that these provisions will apply to each subVendor or vendor.

SECTION 22. EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED

In accordance with § 2.2-4311.1 of the Code of Virginia, 1950, as amended, the Vendor acknowledges that it does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as that term is defined in the federal Immigration Reform and Control Act of 1986.

SECTION 23. DRUG-FREE WORKPLACE

During the performance of this Contract, the Vendor agrees to:

(i) provide a drug-free workplace for the Vendor'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 marijuana or any other controlled substance is prohibited in the Vendor'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 Vendor that the Vendor maintains a drug-free workplace; and

(iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 relating to this Contract, so that the provisions will be binding upon each sub Vendor 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 Vendor by ACPS, 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.

SECTION 24. FAILURE TO DELIVER

In case of failure by the Vendor to deliver goods in accordance with the PO Documents, ACPS, after written notice, may procure the same or similar goods or services from other sources and the Vendor shall be liable for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which ACPS may have pursuant to this Contract or under law. At its discretion, ACPS shall be entitled to offset such costs against any sums owed by ACPS to the Vendor.

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SECTION 25. TERMINATION

The Contract shall remain in force for the Initial Contract Term or any Subsequent Contract Term(s) and until ACPS determines that all the following requirements and conditions have been satisfactorily met: ACPS has accepted the Work, and thereafter until the Vendor has met all requirements and conditions relating to the Work under the Contract Documents, including warranty and guarantee periods. However, ACPS shall have the right to terminate this Contract sooner if the Vendor is in breach or default or has failed to perform satisfactorily the Work required, as determined by the ACPS in its discretion.

If ACPS determines that the Vendor has failed to perform satisfactorily, then ACPS will give the Vendor written notice of such failure(s) and the opportunity to cure such failure(s) within at least fifteen (15) days before termination of the Contract takes effect (“Cure Period”). If the Vendor fails to cure within the Cure Period, or as otherwise specified in the notice, the Contract may be terminated for the Vendor’s failure to provide satisfactory Contract performance. Upon such termination, the Vendor may apply for compensation for Contract services satisfactorily performed by the Vendor, allocable to the Contract and accepted by ACPS prior to such termination unless otherwise barred by the Contract (“Termination Costs”). In order to be considered, such request for Termination Costs, with all supporting documentation, must be submitted to ACPS Project Officer within fifteen (15) days after the expiration of the Cure Period. ACPS may accept or reject, in whole or in part, the application for Termination Costs and notify the Vendor of same within a reasonable time thereafter.

If ACPS terminates the Contract for default or breach of any Contract provision or condition, then the termination shall be immediate after notice from the ACPS to the Vendor (unless ACPS in its discretion provides for an opportunity to cure) and the Vendor shall not be permitted to seek Termination Costs.

Upon any termination pursuant to this section, the Vendor shall be liable to ACPS for all costs incurred by ACPS after the effective date of termination, including costs required to be expended by ACPS to complete the Work covered by the Contract, including costs of delay in completing the Project or the cost of repairing or correcting any unsatisfactory or non-compliant work performed or provided by the Vendor or its subVendors. Such costs shall be either deducted from any amount due the Vendor or shall be promptly paid by the Vendor to ACPS upon demand by ACPS. Additionally, and notwithstanding any provision in this Contract to the contrary, the Contactor is liable to ACPS, and ACPS shall be entitled to recover, all damages to which ACPS is entitled by this Contract or by law, including and without limitation, direct damages, indirect damages, consequential damages, delay damages, replacement costs, refund of all sums paid by ACPS to the Vendor under the Contract and all attorney fees and costs incurred by ACPS to enforce any provision of this Contract.

Except as otherwise directed by ACPS in the notice, the Vendor shall stop work on the date of receipt of notice of the termination or other date specified in the notice, place no further orders or subcontracts for materials, services, or facilities except as are necessary for the completion of such portion of the Work not terminated, and terminate all vendors and subcontracts and settle all outstanding liabilities and claims. Any purchases after the date of termination contained in the notice shall be the sole responsibility of the Vendor.

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In the event any termination for cause, default, or breach shall be found to be improper or invalid by any court of competent jurisdiction then such termination shall be deemed to have been a termination for convenience.

SECTION 26. TERMINATION FOR CONVENIENCE

The performance of Work under this Contract may be terminated by ACPS’ Director of Procurement, in whole or in part, whenever determined that such termination is in the best interest of ACPS. Any such termination shall be affected by the delivery to the Vendor of a written notice of termination at least fifteen (15) days before the date of termination, specifying the extent to which performance of the work under this Contract is terminated and the date upon which such termination becomes effective. The Vendor will be entitled to receive compensation for all Contract services satisfactorily performed by the Vendor and allocable to the Contract and accepted by the ACPS prior to such termination and any other reasonable termination costs as negotiated by the parties, but no amount shall be allowed for anticipatory profits.

After receipt of a notice of termination and except as otherwise directed, the Vendor shall stop all designated work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or subcontracts for materials, services or facilities except as are necessary for the completion of such portion of the work not terminated; immediately transfer all documentation and paperwork for terminated work to the ACPS; and terminate all vendors and subcontracts and settle all outstanding liabilities and claims.

SECTION 27. INDEMNIFICATION

The Vendor covenants for itself, its employees, and sub Vendors to save, defend, hold harmless and indemnify the ACPS, and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the “ACPS” for purposes of this section) from and against any and all claims made by third parties or by the ACPS for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Vendor’s acts or omissions, including the acts or omissions of its employees and/or sub Vendors, in performance or nonperformance of the work called for by the Contract Documents. This duty to save, defend, hold harmless and indemnify shall survive the termination of this Contract. If, after notice by the ACPS, the Vendor fails or refuses to fulfill its obligations contained in this section, the Vendor shall be liable for and reimburse the ACPS for any and all expenses, including, but not limited to, reasonable attorney fees incurred and any settlements or payments made. The Vendor shall pay such expenses upon demand by the ACPS and failure to do so may result in such amounts being withheld from any amounts due to Vendor under this Contract.

SECTION 28. CONFIDENTIAL INFORMATION

The Vendor, and its employees, agents, and sub Vendors, hereby agree to hold as confidential all ACPS information obtained as a result of its Work under this Contract. Confidential information includes, but is not limited to, nonpublic personal information, personally identifiable health information, social security numbers, addresses, dates of birth, other contact information or medical information about a person, information…