RFP 2024-01 Final.docx

Lunenburg County Board of Education

Request for Proposals Issue Date: February 22, 2024 RFP Title and Number: Architectural Services for Central High School Renovations RFP-2024-01 Proposals Due No Later Than: 3:00 P.M., March 4, 2024 Location for Receipt of Proposals: Lunenburg County Public Schools, 1009 Main Street, Kenbridge Virginia 23944 Inquiries: Questions which may arise as a result of this solicitation may be addressed to Dalton Ashworth, Finance Representative by email to dalton.ashworth2@k12lcps.org. Inquiries must be received by 10:00 A.M., February 29, 2024 in order to be considered. All inquiries must be submitted via email with the subject line referencing the above RFP title and number. Responses to questions will be issued via formal Addenda.

Contact initiated by an Offeror concerning this solicitation with any other School Board representative, not expressly authorized elsewhere in this document, is prohibited. Any such unauthorized contact may result in disqualification of the Offeror from this transaction.

My signature below certifies that:

● I agree to abide by all conditions of this Request for Proposal (RFP) and that I am authorized to sign this proposal; the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1, et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

● that the accompanying proposal is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

● that the accompanying proposal is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§ 2.2-4367, et. seq. of the Code of Virginia), and any other applicable law as set forth therein.

RFP -2024-01

INCLUDE THIS PAGE OF THE RFP AS THE FIRST PAGE OF YOUR PROPOSAL RESPONSE Complete Legal Name and Address of Firm:

_______________________________________ _______________________________________ _______________________________________ _______________________________________ Signature: ______________________________ Date: __________________________________ Print Name: _____________________________ Title: __________________________________ Email: ________________________________ Phone Number: _________________________ Fax Number: ____________________________ Fed ID No.: _____________________________

TABLE OF CONTENTS FOR RFP-2024-01

PURPOSE 3 PERIOD OF PERFORMANCE/DELIVERABLES 3 SCOPE OF SERVICES 3 INSTRUCTIONS 3 GENERAL TERMS AND CONDITIONS 5 SPECIAL TERMS AND CONDITIONS 10 EVALUATION CRITERIA 12 AWARD PROCEDURE 13 STATE CORPORATION COMMISSION & REGISTERED AGENT FORM 14 CERTIFICATION OF CONTRACTOR 16 TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION FORM 17

I. PURPOSE

Lunenburg County School Board (LCPS) is soliciting proposals from qualified professional Architectural and/or Engineering firms, licensed to do business in the Commonwealth of Virginia, with the intent to enter into a contract for the firm’s professional services, on an as-needed basis, for Lunenburg County Public School’s Central High School Renovation projects. LCPS anticipates awarding a contract to one or more providers. Offerors may provide proposals for one, all, or any combination of services stated in Section III, Scope of Services in which the Offeror has an interest.

LCPS periodically requires professional services for projects such as studies, reports, design, analyses, and related services. LCPS plans to select one or more qualified firms to provide, in a timely manner, services, as described in Section III, Scope of Services. LCPS has a current need for an updated design for a renovation project at its Central High School to start immediately after the award of a contract.

II. PERIOD OF PERFORMANCE/DELIVERABLES

The term of the contract will be for one (1) year effective upon execution of the contract, with the ability to renew on the same or similar terms and conditions for three (3) additional one-year periods.

III. SCOPE OF SERVICES

LCPS is seeking sealed proposals from qualified Offerors that have demonstrated professional competence and possess the experience to design and provide bid documents and drawings, detailed scope of works, special inspections, complete contract documents for project designs, assist in bid evaluation, and contract administration regarding projects, on an as-needed basis.

LCPS anticipates awarding a contract to one or more firms. If more than one contract is awarded, the order that Offerors are ranked on the basis of the criteria listed in Section VII, Evaluation Criteria will remain the same ranking order for any awarded contracts. The top-ranked contracted firm will get the first choice of any projects unless there is a specific reason to defer down the line. Specific reasons include but are not limited to project timelines, project scopes, and qualifications and experience for the individual project.

The services being requested under any resulting contract(s) may include any of the following but are not limited to A. Architectural/Engineering design plans for renovations at LCPS B. Studies, Assessments, and Evaluations related to current and future renovations C. Construction administration/inspection services D. Cost estimation

IV. INSTRUCTIONS

A. Submission and Receipt of Proposals

1. Submittals, in one (1) original and five (5) copies marked with Architectural and Engineering Services #-2024-01 will be received no later than 3:00 P.M., Local Time Prevailing, on March 4, 2024 in Lunenburg County School Board Office 1009 Main Street Kenbridge, VA 23944

2. Mark the outside of the envelope with RFP Title and Number, Architectural Services RFP-2024-01.

3. Proposals received after the announced time and date of receipt, by mail or otherwise, will not be considered. However, nothing in this RFP precludes LCPS from

a) requesting additional information at any time during the procurement process.

b) giving an Offeror an opportunity to correct a deficiency in their proposals, within an appropriate period of time.

4. In the event that LCPS offices are not operating under normal staffing levels or if the location for pre-proposal meetings or receipt of proposals is inaccessible due to inclement weather or other emergency situations at the published time, the proposal submission or pre-proposal meeting will default to the next regular business day at the same time.

5. If you are an individual with a disability and require a reasonable accommodation, please notify the School Board Office at (434)676-2467 Ext. 2143, three (3) working days prior to need.

6. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. Any requirements listed herein are intended to describe qualifications, certifications, and/or experience considered to be vital and should be used as guidelines for proposal submission. Firms not meeting specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifications, certifications, and/or experience for consideration.

7. Any proposal submitted MUST include the RFP cover sheet which has been signed by an individual authorized to bind the Offeror. All proposals submitted without such signature will not be considered.

8. Proposals shall not be accepted by fax or E-mail.

B. Submittal Format In order to facilitate the analysis of responses to this RFP, Offerors should prepare the proposal with the instructions outlined in this section and should structure the proposal so that it contains individual tabs/sections detailing proposed services.

1. Offeror’s responses should be prepared as simply as possible with straightforward, concise descriptions of their capabilities to satisfy the requirements of this RFP.

2. Expensive bindings, color displays, promotional materials, demo CDs, etc., are not needed. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All information should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for the Lunenburg County School Board.

3. LCPS encourages proposals that provide innovative alternatives to addressing its existing needs as described in the solicitation. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

4. Detailed Submittal Format

a) Introduction letter, signed RFP cover sheet, Attachment A – State Corporation Commission & Registered Agent Form, Attachment B - Certification of Contractor, Attachment C - Trade Secrets/Proprietary Information Identification Form, and addenda acknowledgment if LCPS issued addendums.

b) Executive summary – Provide a narrative, prepared in non-technical terms, summarizing the Offeror’s proposal. The executive summary should identify the primary contact for the Offeror including name, address, telephone number, and e-mail address.

c) A detailed description of the services to be provided which addresses each of the topics listed in section III, Scope of Work. Clearly state your ability to meet or exceed the requested services.

d) Statement of Qualifications and Capacity of the firm to provide services required. The Offeror should include a description of the organizational and staff experience as it relates to meeting LCPS’s needs to include experience administering similar contracts for government entities. The response should address the firm's size, structure, and the number of years in business.

e) Key Individuals – The Offeror should provide a list of key individuals to be assigned to the School Board’s contract, specify their role in administering the contract, and provide a current biography/resume for each individual.

f) DPOR License: full-size copies of Commonwealth of Virginia DPOR registration certificate for the Key Personnel

g) References - All Offerors should include a list of a minimum of three (3) references, from similar projects/contracts and settings, who could attest to the firm’s knowledge, quality of work, timeliness, diligence, flexibility, and ability to meet budget constraints. Include names and addresses, contact persons, phone numbers and e-mail addresses of all references. LCPS reserves the right to contact references other than, and/or in addition to those furnished by an Offeror. References may or may not be reviewed or contacted at the discretion of LCPS.

C. Anticipated Timeline As a guideline, LCPS anticipates the following tentative timetable for the selection of a Contractor and implementation of a contract.

V. GENERAL TERMS AND CONDITIONS

A. Addenda Any changes or supplemental instructions to this solicitation shall be in the form of written addenda. Each Offeror is responsible for obtaining all addenda posted on the LCPS website (www.lunenburgcountyschools.org) and eVA Virginia’s Marketplace (https://eva.virginia.gov/). Acknowledgment of receipt of all addenda shall be noted by returning a copy of each signed addendum. Failure to do so may result in the rejection of the proposal. All addenda issued shall become part of the solicitation and all resulting contract documents.

B. Appropriation of Funds Notwithstanding all other provisions, the School Board shall be bound by the contract only to the extent that, in the School Board’s opinion, there are funds appropriated for and available to perform its obligations hereunder, from all applicable federal, state and local sources.

C. Assignment of Contract The School Board and Contractor bind themselves and any successors and assigns to the contract. The employees of the Contractor will perform the work necessary to fulfill the contract. The Contractor shall not assign, sublet, subcontract or transfer any of its interest in the contract without written consent of the School Board. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the School Board, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the School Board and Contractor.

D. Federal Grant For a contract made under a federal grant the provisions of Appendix II to Part 200 - Contract Provisions for non-Federal Entity Contracts Under Federal Awards apply. Any additional provision(s) required under a specific federal grant will be included in the contract as needed.

E. Audit of Vendor Records Contractor shall maintain full and accurate records with respect to all matters covered under the contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges and compliance related to the contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the School Board and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to this contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the contract. The School Board shall have access to such records from the effective date of the contract, for the duration of the contract, and until two (2) years after the date of final payment by the School Board to the Contractor pursuant to this contract. The School Board’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

F. Change Orders Change orders must be approved by the School Board Finance Office prior to work being performed. G. Contractor Background Checks In order to preserve the integrity and security of School Board operations, contract workers may be required to undergo a criminal background check conducted by the School Board. The School Board will conduct these checks for any worker it believes will have unsupervised access to School Board designated Security Sensitive areas or to students and their identifiable information. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the contract worker may be disqualified from providing work/services for the School Board.

H. Contractors Authorization to Transact Business In accordance with §2.2-4311.2 of the Code of Virginia, any Offeror 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 Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its proposal the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, shall include in its proposal statement describing why the Offeror is not required to be so authorized. This information shall be provided on the State Corporation Commission & Registered Agent Form. Failure to provide the required information may result in the rejection of the proposal. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or canceled at any time during the term of the contract. LCPS may void any contract with a Contractor if the Contractor fails to remain in compliance with the provisions of this section. See Attachment A.

I. Copyrights and Patent Rights The Offeror certifies by submission of a proposal that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as a result of this solicitation. The Contractor shall, at his own expense, defend any and all actions or suits charging such infringement, and will save Lunenburg County School Board, its officers, employees, and agents harmless from any and all liability, loss, or expense incurred by any such violation, or alleged violation.

J. Default In case of failure to deliver goods or services in accordance with the contract terms and conditions, Lunenburg County School Board may, without prejudice to any other right or remedy, and after giving the Contractor seven

(7) calendar days written notice, terminate the employment of the Contractor and procure such goods or services from other sources. In such event, the Contractor shall be liable to Lunenburg County School Board for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which Lunenburg County School Board may have.

K. Drug-Free Workplace (Code of Virginia 2.2-4312) This provision only applies to contracts valued in excess of $10,000.

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.

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 in accordance with this chapter, 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.

L. Employment Discrimination (Code of Virginia 2.2-4311) This provision only applies to contracts valued in excess of $10,000. 1. During the performance of the 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 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.

2. The contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

M. Environmental Management Procedures The Contractor shall comply with all federal, state and local environmental laws and regulations and any additional requirements that may be included in or attached to the solicitation.

N. Discrimination

1. (Code of Virginia § 2.2-4310) Lunenburg County School Board does not discriminate against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment.

2. (Code of Virginia 2.2-4343.1) Lunenburg County School Board does not discriminate against faith-based organizations.

O. Finance/Interest Charges Finance and/or interest charges imposed by the Contractor on any invoice shall not be paid by Lunenburg County School Board.

P. Governing Law This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including but not limited to the Code of Virginia, Section 2.2, Chapter 43, Virginia Public Procurement Act, and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state, and local laws and regulations.

Q. Immigration (Code of Virginia 2.2-4311.1) The Contractor agrees that he does not, and shall not during the performance of the contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

R. Indemnification and Arbitration Recognizing that Lunenburg County School Board cannot lawfully enter into an indemnification or hold harmless agreement, any provision in the agreement purporting to require Lunenburg County School Board to indemnify or hold harmless Contractor for any act of omission or to enter into binding arbitration shall not have any effect or be enforceable against Lunenburg County School Board. Contractor shall indemnify and hold harmless Lunenburg County School Board and its officers, boards, commissions, agents and employees against any and all claims, demands, causes of action, suits, proceedings, damages, costs or liabilities of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damages to person or property, regardless of the merit of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem, expense traveling and transportation expense, or other costs or expense arising out of or pertaining to the performance of the agreement by Contractor unless resulting from the gross negligence or willful misconduct of Lunenburg County School Board or its officers, boards, commissions, agents or employees.

S. Modification of the Contract The contract shall not be amended, modified, or otherwise changed except by the written consent of the Contractor and Lunenburg County School Board given in the same manner and form as the original signing of the contract.

T. Online Terms of Service The Offeror shall submit Terms of Service with the proposal for any online activity (i.e., hosted, online, portal, website, support site, etc.) that are required to use or support the product or service being provided.

U. Payment If the Contractor performs all of the obligations of the contract to the satisfaction of Lunenburg County School Board, Lunenburg County School Board shall pay the Contractor for the performance of the work in the manner and within the time specified in the contract documents, which shall be consistent with the provisions of Section 2.2-4352 and 2.2-4354 of the Code of Virginia.

1. Contractor shall, within seven (7) days after receipt of payment by Lunenburg County School Board, take one of the two following actions:

a) Pay the subcontractor for the proportionate share of the total payment received from Lunenburg County School Board attributable to the work performed by the subcontractor under that contract; or

b) Notify Lunenburg County School Board and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

2. Contractor shall provide Lunenburg County School Board with its federal employer identification number prior to receiving any payments hereunder.

3. Contractor shall pay interest to the subcontractor on all amounts owed by the contractor that remain unpaid after seven days following receipt by the contractor of payment from Lunenburg County School Board for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subparagraph b above.

4. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.

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

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

V. Precedence of Terms All Special Conditions contained in this solicitation that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety.

W. Proprietary Information Section 2.2-4342(F) of the Code of Virginia states: “Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Section § 2.2-4342(F) of the Code of Virginia is not properly invoked then the proposals will be subject to disclosure pursuant to applicable law. See Attachment C.

X. References If requested, the Offeror shall provide references which substantiate past work performance and experience in the type of work required for the contract. The School Board may contact all references furnished by Offerors. The right is further reserved by the School Board to contact references other than, and/or in addition to, those furnished by the Offeror.

Y. Sensitive Information Handling

Any information in the possession of the School Board which is specific to an employee, student, including education and/or scholastic records, citizen, School Board business function, private business entity or other government entity which is not generally available to the public shall be designated Sensitive Information. Contract workers will under no circumstances remove Sensitive Information from School Board facilities. Any Sensitive Information which must reside temporarily on a hard drive or portable storage device (USB Key, CD ROM, memory card, etc.) for processing must remain within the School Board facility, or utilize strong encryption methods such as AES with a minimum key size of 128, but a preference for 256 or higher. No Sensitive Information may be remotely accessed by contract workers by dial in, VPN, web interface or other means without expressed consent of the School Board. Any access to School Board information by contract workers from outside the School Board intranet shall be in accordance with existing School Board policies and procedures. Contract worker network connected computer equipment will be subject to all applicable IST/LCPS policies and procedures. Any exception to this application of policies shall be approved by the School Board.

Z. Termination LCPS shall have the right to terminate at the LCPS’s convenience, with or without cause, any contract resulting from this solicitation by specifying the date of termination in a written notice. In this event, the Contractor shall be entitled to just and equitable compensation for any authorized satisfactory work done or any items/materials accepted by LCPS.

AA. Termination for Breach or Non-Performance If the Contractor fails to perform the work promptly and diligently, or if the Contractor breaches the Contract in any other way, the School Board may:

1. After providing the Contractor with 15 days written notice, supply any workmen, equipment or materials necessary to ensure that the work is performed promptly and diligently. The School Board may deduct the cost of supplying additional workmen, equipment or materials from payments due to the Contractor; or

2. Terminate the contract, enter upon the premises, take possession of all equipment, materials or appurtenances, and employ any person or persons to finish the work.

If the contract is terminated by the School Board, the Contractor shall not be entitled to receive any further payment from the School Board until completion of the work has occurred. After completion of the work, the School Board shall pay to the Contractor the amount of the unpaid balance due to the Contractor at the time the contract was terminated minus the cost incurred by the School Board to complete the work. If the cost incurred by the School Board to complete the work exceeds the unpaid balance due to the Contractor, the Contractor shall be due no money from the School Board and, instead, the Contractor shall pay to the School Board the difference between the unpaid balance due and the School Board’s cost to complete the work.

BB. Waiver of One Breach Not Waiver of Others No waiver by the School Board or its agents or employees of any breach of this contract by the Contractor shall be construed as a waiver of any other or subsequent breach of the contract by the Contractor. All remedies provided by this contract are cumulative, and in addition to each and every other remedy under the law.

CC. Taxes The School Board is exempt from federal excise tax and from all State and local taxes. Successful Offeror shall not include such taxes in any invoices under this agreement. Upon request, the School Board will furnish the Successful Offeror with tax exemption certificates.

DD. FOB Destination By accepting and performing this order, the supplier agrees that the price(s) include(s) shipping FOB destination unless otherwise stated in the order.

EE. Debarment Status By submitting their offers, Offerors certify that they are not currently debarred from submitting proposals on contracts in the Commonwealth of Virginia for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

FF. Antitrust By entering into a Contract, the Contractor conveys, sells, assigns, and transfers to the School Board 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 the School Board under said Contract.

GG. Compliance with All Laws The Successful Offeror shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of this contract. The Successful Offeror represents that it possesses all necessary licenses and permits required to conduct its business and/or will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. If the Successful Offeror is a corporation, the Successful Offeror further expressly represents that it is a corporation of good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract and any extensions.

VI. SPECIAL TERMS AND CONDITIONS

A. Contact with Students As required by Section 22.1-296.1 of the Code of Virginia, Offerors who will provide services that will place Contractor or Contractor’s employees in direct contact with students on school property during regular school hours or during school-sponsored activities, shall certify, by signing and submitting their bid or proposal, that none of the individuals who will perform the work under the contract have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child (See Attachment B). Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services.

B. Insurance Requirements The Contractor and insurance company should carefully review the insurance requirements set forth below. The Contractor shall furnish a copy of a certificate of insurance in accordance with the requirements before the School Board will execute a contract. The Contractor shall be responsible for maintaining current certificates of insurance on file with the School Board. The certificate of insurance does not need to accompany the proposal.

The Contractor shall purchase and maintain in force, at his own expense, such insurance as will protect him and Lunenburg County School Board from claims which may arise out of or result from the Contractor’s execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverages shall be such as to fully protect Lunenburg County School Board, the Consulting Professional (if applicable) and the general public from any and all claims for injury and damage resulting by any actions on the part of the Contractor or his forces as enumerated above.

The Contractor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the School Board and shall require and show evidence of insurance coverages on behalf of any subcontractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this contract.

The Contractor shall maintain during the initial term and any additional terms of this contract the following equivalent coverage and minimum limits:

1. Commercial General Liability $1,000,000 Combined Single Limit per occurrence.

2. Automobile Liability $1,000,000 Combined Single Limit per occurrence

3. Workers’ Compensation Virginia Statutory limits

4. Employers’ Liability $100,000 each accident

5. Umbrella/Excess Liability $5,000,000

6. Design/Omissions/Errors Insurance A/E shall also provide and maintain the following insurance:

a) Professional Liability: Professional Liability, Errors and Omissions insurance coverage with a minimum per claim/aggregate limit of $1,000,000.

b) Cyber Liability: In addition to Professional Liability, Errors and Omissions insurance coverage, stated above, if any A/E provides cloud-based IT services and solutions contracts, they must also provide coverage for Cyber Liability Coverage to assist in data loss or security breach in the amount of $1,000,000 per occurrence.

If an insurance certificate is used as evidence of the required insurance the insurance certificate:

c) Must reflect that the Commercial General Liability policy names “the Lunenburg County School Board, its officers, employees, and agents” as an additional insured by endorsement to the policy;

d) Must reflect that the policies are endorsed to require no less than 30 days notice of cancellation or other change in coverage to the School Board;

e) Must have an authorized signature;

f) The Certificate Holder should be listed as:

Lunenburg County School Board 1009 Main Street Kenbridge, VA 23944 C. Architectural term contracting; limitations (Code of Virginia § 2.2-4303.1)

1. The sum of all projects performed in a one-year contract term shall not exceed $750,000. 2. The fee for any single project shall not exceed $150,000.

D. Negotiating Contract Reductions The School Board reserves the right, at any time during the contract term or any extension of the term, to renegotiate with the Contractor a reduction in the compensation paid to the Contractor that is less than the compensation initially agreed to by the Contractor and the School Board at the time of contract execution/issuance of the purchase order. The School Board may initiate such negotiations whenever the School Board determines that it is in the School Board’s best fiscal interests to do so. Notwithstanding any other provision of this contract/purchase order to the contrary; the School Board may terminate the contract/purchase order immediately and without penalty if the School Board is unable to renegotiate the compensation with the Contractor to an amount which the School Board determines to be appropriate.

E. Presentation/Demonstration If in the opinion of the School Board, Offeror’s presentations or demonstrations of their proposal and capabilities are warranted, the School Board will notify the appropriate Offeror(s). Such presentation or demonstration shall be at the School Board office, shall be at a date and time mutually agreed to between the School Board and Offeror(s), and shall be at the Offeror’s expense.

F. Site Visits Site visits may be conducted by Offerors if it is deemed necessary by the School Board upon a mutual agreement of date and time.

G. Travel The School Board shall not be liable for any reimbursement costs associated with travel.

VII. EVALUATION CRITERIA

These criteria are to be utilized in the evaluation of qualifications for development of the shortlist of those Offerors to be considered for negotiations. Individual criteria have been assigned a weight to reflect relative importance.

In addition to evaluating the Offeror’s proposal as submitted, the School Board may make such reasonable investigations and evaluations as deemed proper and necessary to determine the ability/capability of the Offeror to perform the services/furnish the goods. Such investigations may include checking client references, the Offeror’s fiscal responsibility (current Dunn and Bradstreet “Business Information Report”, other equivalent independent study, or audited financial statements, etc.); on-site visitations to inspect and/or assess the Offeror’s physical facilities and other capabilities; documentation that Offeror is licensed under applicable laws of the Commonwealth of Virginia; certification of other Offeror claims; and/or contract references. The Offeror agrees to cooperate and shall furnish to the School Board all such reasonable information/data and/or access for this purpose as may be requested. The School Board further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the School Board 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.

If, in the School Board’s opinion, clarifications or presentations of the Offeror’s proposed services and/or goods’ features and capabilities are warranted for the purpose of obtaining additional information or clarification, the School Board will notify the appropriate Offerors. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session and may or may not include the opportunity for initial negotiations should the School Board so determine. Oral presentations are strictly at the option of the School Board and may or may not be conducted. Therefore, proposals should be comprehensive, competitive, and complete.

The School Board reserves the right to reject any or all proposals and to waive any informalities or regularities. The Offeror’s submission of a proposal is recognition of this right. In addition, the School Board reserves the right to fund (proceed with project or purchase) or not to fund.

The School Board reserves the right to choose one or more Offerors to provide the services listed in the RFP. The School Board further reserves the right to accept proposals in whole or in part, therefore having the flexibility to select equipment and services that best meet the needs of the School Board. Offerors may respond to all or part of the RFP. Proposals should list each item separately.

VIII. AWARD PROCEDURE

Lunenburg County School Board 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. At the conclusion of discussion, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, the public body 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 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. Attachment A

STATE CORPORATION COMMISSION & REGISTERED AGENT FORM

Virginia State Corporation Commission (SCC) registration information.

Code of Virginia §13.1-757. A foreign corporation may not transact business in the Commonwealth until it obtains a certificate of authority from the Commission.

Offeror (Official Name): ________________________________________________________ is a corporation or other business entity with the following Virginia SCC identification number: _____________________ -OR is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR is not required to obtain a certificate of authority from the Virginia SCC, pursuant to Virginia Code §13.1-757(B) because its sole contact(s) with the Commonwealth consist(s) of:

o 1. Maintaining, defending, or settling any proceeding;

o 2. Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;

o 3. Maintaining accounts in financial intuitions;

o 4. Maintaining offices or agencies for the transfer, exchange, and registration of the corporation’s own securities or maintaining trustees or depositories with respect to those securities;

o 5. Selling through independent contractors;

o 6. Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this Commonwealth before they become contracts;

o 7. Creating or acquiring indebtedness, deeds of trust, and security interests in real or personal property; o 8. Securing or collecting debts or enforcing deeds of trust and security interests in property securing the debts; and holding, protecting, or maintaining property so acquired;

o 9. Owning, protecting, and maintaining property;

o 10. Conducting an isolated transaction that is completed within 30 consecutive days and that is not one in the course of similar transactions;

o 11. For a period of less than 90 consecutive days, producing, directing, filming, crewing or acting in motion picture feature films, television series or commercials, or promotional films that are sent outside of the Commonwealth for processing, editing, marketing and distribution;

o 12. Serving, without more, as a general partner of, or as a partner in a partnership which is a general partner of, a domestic or foreign limited partnership that does not otherwise transact business in the Commonwealth; or o 13. Transacting business in interstate commerce. The list of activities in this subsection is not exhaustive. This section does not apply in determining the contacts or activities that may subject a foreign corporation to service of process, taxation, or regulation under the laws of the Commonwealth other than this chapter. The term “transacting business” as used in this subsection shall have no effect on personal jurisdiction under §8.01-328.1. Code 1950, §§ 13.1-102 to 13.1-102.2; 1956, c. 428; 1962, c. 239; 1980, c. 630; 1985, c. 522; 1990, c.428; 2005, c.765; 2019, c. 734. -OR is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. Attach the opinion of legal counsel to this form.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals. No award shall be issued to an Offeror who fails to provide the required information unless a waiver of these requests is granted by the chief executive of the local governing body (the School Board reserves the right to determine in its sole discretion whether to allow such waivers): ☐ Submitted by: _______________________________________________ Date: _____________ Printed Name and Title Registered Agent Information Please specify the Registered Agent who will accept service of process on your behalf.

Agent Name: __________________________________________________________ Physical Address (no Post Office Boxes):

I certify the accuracy of this information.

Signed:…