RFP 2026-0429 Health Insurance.pdf

PITTSYLVANIA COUNTY

BOARD OF SUPERVISORS

REQUEST FOR PROPOSAL

RFP: 2026-0429

INSURANCE / BENEFITS CONSULTANT

CONTACTS: CONNIE GIBSON, PROUREMENT MANAGER

434-432-7744

Connie.gibson@pittgov.org mailto:Connie.gibson@pittgov.org

GENERAL INSTRUCTIONS TO OFFERORS

DUE DATE: Sealed Proposals will be received until May 21, 2026 no later than 2:00 p.m. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: Two (2) copies of the sealed proposal and one (1) electronic version shall be submitted to the following:

Pittsylvania County Purchasing Department

Attn: Connie Gibson

1 Center Street

Chatham, VA 24531.

All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal -

RFP #2026-0429, “Insurance / Benefits Consultant” Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Any proposal received after this time and date will not be considered.

Proposal Submission Requirements:

Proposals must be received by the Proposal Due Date and Time. Pittsylvania County offers the option to submit bids or proposals electronically through the Commonwealth of Virginia’s eVA procurement marketplace. You must be registered in eVA to submit electronic bids and proposals. There is no cost to register.

eVA Registration: https://eva.virginia.gov/register-now.html

Pittsylvania County will still accept paper responses, as well as requiring a paper response for the electronic bids/proposals for review purposes.

ADDENDUMS: If an addendum has been issued, the vendor needs to ensure that they have responded to the latest version of the IFB/RFP.

QUESTIONS:

1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than 10:00 a.m., May 12, 2026. Questions may be emailed to

Connie.gibson@pittgov.org.

2. All responses to questions will be posted on Pittsylvania County website:

www.pittsylvaniacountyva.gov by May 13, 2026, 4:00p.m. The offeror has the sole responsibility to go to the website and receive the responses or by contacting Connie Gibson requesting they be emailed.

The responses will be an addendum to the RFP. All such responses by the County shall become part of the RFP.

3. Oral instructions do not become part of the proposal documents.

Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting.

https://eva.virginia.gov/register-now.html mailto:Connie.gibson@pittgov.org http://www.pittsylvaniacountyva.gov/

In Compliance with this Request for Proposal the named party hereby submits a proposal in response to

Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitutes the entire proposal.

The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against

Pittsylvania County or any person interested in the proposed contract.

The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions.

Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-

Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract.

Name and Address Of Firm:

___________________________________________ Date: ______________________________________

___________________________________________ By: ______________________________________

(Signature in Ink by Officer of the Corporation)

___________________________________________ Name: _______________________________________

(Please Print)

_________________________Zip Code___________ Title: _____________________________________

Phone: (____) _______________________________ Fax: (_____) _________________________________

E-mail: _____________________________________ State of Incorporation: _________________________

State Corporation Commission #: _________________

Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers

Addendum No. ____________, dated____________

(Please note all addenda’s)

(Return this Form)

A. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit proposals from licensed, qualified employee benefits consultants to assist with the insurance program for the employees of

Pittsylvania County Board of Supervisors (herein referred to as “PCBOS”) and Pittsylvania

County Schools (herein referred to as “PCS”)

B. STATEMENT OF NEEDS

Pittsylvania County Board of Supervisors is seeking a consultant to ensure competitive benefit plans are offered to our employees. Currently PCBOS has voluntary health and vision insurance with Anthem and dental insurance with Delta Dental Plan of Virginia. The contract period is 10/01/2026 to 09/30/2027. We also have an Employee Assistance Program with

Anthem. Pittsylvania County currently has 1,871 eligible employees (PCBOS 401 and

Pittsylvania County Schools PCS 1,470). The number of active employees and retirees currently enrolled in the countywide health insurance plan is 1,326 (PCBOS 349 and PCS

977). The number of active employees and retirees currently enrolled in the countywide dental insurance plan is 1,648 (PCBOS 328 and PCS 1,320).

Pittsylvania County’s intent is to hire a consultant who is an independent, unbiased consultant not affiliated with any institution that may bid for services.

C. SCOPE OF SERVICE

PCBOS require an Insurance Consultant that is not affiliated with any insurance company, third party administrative agency or provider network. The consultant firm must have experience in providing insurance consulting services in the public sector arena for employers with at least

400 employees. The following services are to be provided:

1. Perform research and provide responses to technical questions posed by PCBOS.

2. Assist with annual renewal of all insurance products. Perform annual review and consultation related to plan designs of Employee Insurance Programs including utilization, access and cost impact on medical, dental and vision insurance plans;

employee assistance programs, as well as for the local disability insurance for VRS

Hybrid Plan employees. Make recommendations for changes to benefit offerings for all insurance plans based on state and national market, expert knowledge, and financial constraints of PCBOS and PCS. Prepare and communicate recommendations in both a detailed and high-level format as requested by PCBOS/PCS staff and the county Board of Supervisors.

3. Provide periodic comparisons of the offerings of PCBOS to surrounding municipalities

(as it relates to our ability to attract new employees and retain existing employees).

4. Track and report progress of benefit plans on a quarterly basis, coordinating with benefit providers to obtain relevant performance data. Provide analysis of benefit plan performance.

5. Identify the proper employer & employee contribution amounts, including employer

HSA contributions, to match DCPS’s current economic status. We currently have 462 employees with an HSA (PCBOS 136 and PCS 326) .

6. Provide consultation on matters including, but not limited to, plan interpretation and problem resolution, and attendance at review meetings to assist in the management of all insurance programs.

7. Maintain all records for 5 years from contract inception.

8. Make recommendations to market products as needed / required. Work with

Procurement staff when employee benefits are marketed, prepare request for proposal, bid specifications, identify appropriate markets, analyze proposals submitted, make recommendations and assist in negotiation of contracts.

9. Assist with conducting annual enrollment meetings and assist employees with online enrollment.

10. Assist in employee communications to include verbal and print publications.

11. Assist with claim reporting, handling and settlement.

12. Assist in the settlement of disputes between PCBOS and the Insurance carrier.

13. Assist retirees over age 65 with Medicare Supplemental Plans to obtain Medical and

Dental plans.

14. Monitor ongoing contracts, including provider plan administration, provider compliance with contract and incurred claims.

15. Assist with implications/consequences of the Health Care Reform Act, provide updates on changes that will affect PCBOS as a benefit provider to our employees.

16. Review the program on a continuing basis to ensure that the plan complies with government regulations.

17. Provide one contact person to be available to answer questions and resolve issues with a reasonable turn-around time, preferably one business day and one backup person that is available to assist if the assigned contact person is unavailable.

18. The contractor shall be prepared to provide assistance during PCBOS’s open enrollment periods (typically the month of August). Premiums for the new plan year are deducted from paychecks in September for an effective date of October 1 each year.

19. Indicate what your firm would charge to administer COBRA.

20. Provide copies of your licenses and any training certificates.

D. PROPOSAL FORMAT-

All vendors must submit their response in the following format:

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. Proposals should be as detailed as possible so the evaluation committee can properly evaluate the capabilities of each offeror.

3. Vendor’s Experience & References

▪ The proposal shall include all relevant history and experience of the vendor in providing similar services. Work history shall be specific to the proposed services in the Corrections industry.

▪ The proposal shall include a minimum of three (3) references.

4. Support Structure

The proposal shall include the vendor’s support structure for all those individuals who will be involved in the implementation and support for the proposed services.

This must include support for all aspects of the managed services and technical specifications.

5. Proposed methodology and time frame for addressing PCBOS’s needs

• Describe how your organization participates in developing a strategic benefit plan with your clients

• Describe your organization’s involvement in the annual review process, including information regarding process timeframes, negotiation of rates and vendor selection.

• Describe how your organization would assist PCBOS in selecting a new insurance vendor(s), include how your company’s experience and expertise would benefit Dinwiddie County Public Schools.

• Describe the process of providing planned recommendations to your clients.

• Point out the training resources your organization provides to assist clients in educating and training their benefit staff.

6. Fee Structure

E. EVALUATION OF PROPOSALS: SELECTION FACTORS

All proposals meeting the requirements of this RFP shall be reviewed and rated by a

County evaluation committee according to the criteria listed below. The County expressly reserves the right to reject all proposals received. Furthermore, the County expressly reserves the right to reject any and all proposals, and to waive any of the terms, conditions, and provisions contained in the RFP.

• Experience of the firm and references in Virginia. (30 points)

• Experience and qualifications of the personnel. (20 points)

• Project approach, work plan, timeline, deliverables and project management. (30 points)

• Quality, completeness, and responsiveness of the proposal. (10 points)

• Cost (10 points)

F. AWARD PROCEDURES

AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for

Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The

County may cancel this Request for Proposals 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 (Code of Virginia, § 2.2-4359D). Should the

Commonwealth 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 awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

N. SPECIAL TERMS AND CONDITIONS

BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (60) days. At the end of the days, the offeror may be withdrawn at the written request of the offeror. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice

Bulletin Board located at 1 Center Street, Chatham, VA 24531.

OWNERSHIP/FOIA: Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to

Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation

Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the

SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this

Request for Proposals may be extended to other public bodies, public agencies or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County

Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal.

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.

RENEWAL OF CONTRACT: This contract will be for one (1) year and may be renewed by the County for four (4) successive 1 (1) year period under the terms and conditions of the original contract. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 30 days prior to the expiration date of each contract period.

PRESENTATION: 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 evaluation committee. This provides an opportunity for the Offeror to clarify or elaborate on the proposal.

This is a fact finding and explanation session only and does not include negotiation. The

Purchasing Agent will schedule the time and location of these presentations. Oral presentations are an option of the School Board and may or may not be conducted.

TERMINATION/CANCELATION of CONTRACT:

Subject to the provisions below, the contract may be terminated by either party upon thirty (60) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the County until said work or services are completed and accepted.

1. Termination for Convenience

In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable.

2. Termination for Cause

Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause.

3. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding

Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

PITTSYLVANIA COUNTY

GENERAL TERMS AND CONDITIONS

(not all will be applicable)

Any Special terms and conditions will supersede the below terms and conditions

A. VENDORS MANUAL

B. APPLICABLE LAWS AND COURTS

C. ANTI-DISCRIMINATION

D. ETHICS IN PUBLIC CONTRACTING

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986

F. DEBARMENT STATUS

G. ANTITRUST

H. CLARIFICATION OF TERMS

I. PAYMENT

J. PRECEDENCE OF TERMS

K. QUALIFICATIONS OF BIDDERS OR OFFERORS

L. TESTING AND INSPECTION4

M. ASSIGNMENT OF CONTRACT

N. CHANGES TO THE CONTRACT

O. DEFAULT

P. TAXES

Q. USE OF BRAND NAMES

R. TRANSPORTATION AND PACKAGING

S. INSURANCE

T. ANNOUNCEMENT OF AWARD

U DRUG-FREE WORKPLACE

V. NONDISCRIMINATION OF CONTRACTORS

W. AVAILABILITY OF FUNDS

X. SMALL, WOMEN-, MINIORTY AND SERVICE DISABLED VETERAN-OWNED .

Y. FORCED OR INDENTURED CHILD LABOR

Z. TERMINATION OF CONTRACT

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit court of Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366).

ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the

Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act

(VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania

County , knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control

Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the

Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to Pittsylvania

County 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 Pittsylvania County under said contract.

H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

I. PAYMENT:

1. To Prime Contractor:

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

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

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

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

Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month

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

3. The Pittsylvania County encourages contractors and subcontractors to accept credit card payments.

J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such

(bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. TESTING AND INSPECTION: Pittsylvania County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of Pittsylvania County.

N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Department may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing

Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods:

Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Purchasing Manger before the changes take affect.

O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the

County may have.

P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The County’s excise tax exemption registration number is 54-6001508.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

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

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

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

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

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

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

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

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

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

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

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

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

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website

(www.pittsylvaniacountyva.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: Applicable for all contracts over $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, the employees of whom are prohibited from https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

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

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

X. Small, Women-, Minority and Service Disabled Veteran-Owned Business Participation.

The Purchasing Department will try to facilitate the participation of small, women-, minority-, and service disabled veteran-owned businesses in the procurement transactions of the County. The

County grants no preferences or set-asides to such businesses. The Purchasing Department shall assist any such business in understanding bids or proposals.

A. Discrimination Prohibited.

In the solicitation of awarding of contracts, The County shall not discriminate against any bidder or offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or other basis prohibited by state or federal law relating to discrimination in employment.

Pittsylvania County shall not discriminate against any faith-based organizations.

Y. FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime

Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Z. Termination/Cancellation of Contract:

Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the County until said work or services are completed and accepted.

4. Termination for Convenience

In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable.

5. Termination for Cause

Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause.

6. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

CONTRACTOR ELIGIBILITY CERTIFICATION

This is to certify that this person/firm/corporation has not been barred from bidding on contracts by any agency of the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that has been barred from bidding on contracts by any agency of the Commonwealth of Virginia.

Name of Official

Title

Firm or Corporation

STATEMENT OF DISCLAIMER

RE: ______________________________ (BID OR RFP #)

This is to certify that no employee, official, or elected officer of the County of Pittsylvania has a proprietary interest in the company, corporation, partnership, or other organization, furnishing the goods and/or services, or stands to benefit personally from the furnishing of such goods or services as referenced above.

FIRM: _________________________

BY: _________________________

TITLE: ________________________