RFP 2026-2000 Insurance Consultant Services.pdf

Request for Proposal (RFP) # 2026-2000

For

Insurance Consultant Services

Issue Date: May 1, 2026

Proposal Due Date and Hour: May 15, 2026 3PM

Botetourt County Public Schools

143 Poor Farm Road

Fincastle, VA 24090

BOTETOURT COUNTY PUBLIC SCHOOLS

RFP# 2026-2000

ISSUE DATE: May 15, 2026

GENERAL INFORMATION FORM

(TO BE COMPLETED AND RETURNED)

QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Brandon Lee, MBA

Phone: (540) 473-8263 Ext. 212, Fax: (540) 473-8298, e-mail: blee@bcps.k12.va.us.

DUE DATE: Sealed Proposals will be received until May 15, 2026 at 3:00 PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: Proposals should be mailed or hand delivered to: Botetourt County Public Schools, 143 Poor Farm Road, Fincastle, VA 24090. Reference the Opening Date and Hour, and RFP Number in the lower left corner of the return envelope or package.

COMPANY INFORMATION/SIGNATURE: In compliance with this Request For Proposal and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal and as mutually agreed upon by subsequent negotiation.

FULL LEGAL NAME (PRINT)

(Company name as it appears with your Federal Taxpayer Number)

FEDERAL TAXPAYER NUMBER (ID#) CONTRACTOR'S REGISTRATION

BUSINESS NAME/DBA NAME/TA NAME

(If different than the Full Legal Name)

FEDERAL TAXPAYER NUMBER

(If different than ID# above)

BILLING NAME

(Company name as it appears on your invoice)

FEDERAL TAXPAYER NUMBER

(If different than ID# above)

PURCHASE ORDER ADDRESS

PAYMENT ADDRESS

CONTACT NAME/TITLE (PRINT)

SIGNATURE (IN INK) DATE

E-MAIL ADDRESS

TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER

FAX NUMBER

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for insurance consultant services by Botetourt County Public Schools, herein after referred to as “BCPS”.

II. CONTRACT PERIOD

The term of this contract is for one year(s), or as negotiated. There will be an option for four-one year renewals, or as negotiated.

III. BACKGROUND

Botetourt County is located in the Appalachian Mountains in southwest Virginia. The school division draws its student population of approximately 4,200 from both suburban and rural settings throughout the county. The county covers 543 square miles and has a total population of approximately 33,000. Botetourt County has a diverse geography including large open farmlands, mountainous terrain, and a booming southern end with higher density housing, mixed-use, and industry. More than 700 staff members are committed to the mission of BCPS – creating a community of excellence.

The purpose of this solicitation is to obtain a qualified Insurance Consulting firm that is licensed in the State of

Virginia to provide consulting services to the school system.

IV. STATEMENT OF NEEDS

Specific Requirements:

A. Provide BCPS with consulting services related to employee health and benefits continuously.

B. Regulatory Compliance: Reviewing the School Board’s employee benefits program on a continuing basis to ensure that the plans are in compliance with government regulations and all mandatory notices are provided to employees.

C. Consultation: Provide upon request consultation and guidance with respect to all benefit plans, including health, dental, vision, term life, AD&D, LTD, EAP, cafeteria plan (Section 125), personal leave, PTO, FMLA administration, etc. Address School Board as needed on benefits related topics.

D. Provide consultation and guidance with respect to governmental mandates such as ACA, FMLA, COBRA, HIPPA, ADA, USERRA, ARP and others that may become applicable.

E. Communication: Advise and assist the School Board with mandatory and other required benefit plan communications to employees. These include mandatory notices such as SPD, SBC, Certificate of Coverage, Women’s Health and Cancer Rights Act, etc. annually, as well as electronic print and video information during open enrollment for benefits and as regulatory changes occur.

F. Group meetings with employees prior to Medical/Health renewals to educate employees on the insurance options offered, especially during open enrollment preparation.

G. Provide hands on assistance in the management of renewals for individual coverage policies as directed by BCPS.

H. Analyze broker renewal proposals and develop recommendations for the purchase of new insurance coverage.

I. Identify ongoing risk/loss exposure with recommendations regarding coverage extensions where necessary and/or possible premium savings.

K. Maintain contact and discussion with the BCPS brokers in an effort to maximize coverage and minimize cost of the insurance products.

L. Assist in the management of BCPS insurance program through advance premium indication/coverage changes provided by the broker at least six months prior to individual policy expiration and provide input and recommendations in the area of safety and loss control.

M. Prepare, maintain and keep current records of all current insurance policies – with abstracts, in layman’s terms, of coverages afforded, exclusions, deductibles and claim reporting requirements, including industry and current insurance coverages, which may have a significant impact on the schools’ risk management program and related costs.

N. Develop and implement a specific planning timetable for the renewal/re-solicitation of each coverage policy and prepare negotiation strategies to obtain maximum coverage for insurance renewal premium costs.

O. Provide interim services regarding review and advice on specific proposals from an insurance consulting perspective.

P. Monitor market conditions on a regular basis and advise the School Board as to how it may affect coverage held by the School Board.

Q. Provide assistance in the RFP process by preparing requirements, meeting with the BCPS staff and attending pre-solicitation conferences, offer presentations/negotiations, analyzing bids/proposals, developing recommendations on the best bid/proposal provided, prepare detailed summation of the RFP process used to document the procurement file and assisting BCPS staff in finalizing/refining administrative details.

R. Develop and deliver responses to insurance situations/questions posed by the BCPS staff.

S. Meet with the designated BCPS staff as required to discuss/review insurance coverage and exposure aspects relative to specific types of operations.

T. Provide information and advice to the School Board on any and all changes in requirements to local, state and federal regulations.

U. Review of GASB valuation.

Consultant Qualifications:

A. Must be knowledgeable of Virginia state insurance regulations and requirements.

B. Must demonstrate a pattern of continued education in the insurance industry to be able to keep BCPS abreast of changing policies, procedures and/or regulations that may affect the school system.

C. Must demonstrate initiative by notifying BCPS of changes in the insurance industry without BCPS finding from other sources and by providing BCPS with sound advice and/or recommendations that will serve to protect the interest of the school division.

D. Must be knowledgeable of carrier financial rankings and the main Virginia insurance carriers/agents in the industry.

E. Contractor and/or Consultant must not be an insurance agent or have a financial business relationship with any insurance carrier or agent.

F. Must be able to respond to BCPS needs in a short period of time if necessary.

Professional Standards:

A. Contractor shall perform its services with care, skill and diligence in accordance with the applicable professional standards currently recognized by such profession and shall be responsible for the professional quality, technical accuracy, completeness and coordination of all findings, recommendations, reports and information furnished under this contract.

B. Unless otherwise agreed to by express written statement in this contract, BCPS review and acceptance of contractor findings, recommendations, reports and information shall in no way or manner relieve or lessen the contractor’s responsibility under the contract for the professional quality, technical accuracy and completeness of such information provided.

C. The Contractor must present itself in a professional manner, to include demeanor and dress, as appropriate for the services being performed.

D. The Contractor represents and warrants to BCPS that it is experienced in and thoroughly familiar with all aspects of the Scope of Work and is properly qualified as applicable and is equipped, organized and financially able to perform the Scope of Work.

Key Personnel:

A. The Contractor is required to assign key personnel and key personnel alternates to perform this contract and work closely with BCPS staff for the duration of this contract. It is expected that the key personnel selected and approved will be the Contractor’s primary point with BCPS and will perform the duties specified in this agreement. Alternates will fill in for key personnel in their absence. Key personnel and alternates must be approved by BCPS to perform under this contract prior to commencement of services by the individual(s). The

Contractor must submit the name and resume of any individual, not already assigned as a key personnel or alternate, to the BCPS Contract Administrator for approval. The Contractor must notify BCPS at least two weeks in advance when an individual assigned as a key personnel or alternate will no longer serve in this position for the duration of the contract. This is important for the continuity and level of quality, capability, skill and service provided to BCPS by the Contractor.

V. PROPOSAL PREPARATION AND SUBMISSION

A. General Requirements

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this

RFP. One original and five copies of each proposal must be submitted to:

Botetourt County Public Schools

Finance Department

143 Poor Farm Road

Fincastle, VA 24090

Reference the Opening Date and Hour, and RFP Number in the lower left hand corner of the return envelope or package.

No other distribution of the proposals shall be made by the Offeror.

2. Proposal Preparation

a. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in BCPS requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by BCPS at its discretion.

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

b. Proposals should be prepared simply and economically providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page.

The proposal should contain a table of contents which cross references the RFP requirements.

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. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume.

e. Ownership of all data, material and documentation originated and prepared for BCPS pursuant to the

RFP shall belong exclusively to BCPS 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, to prevent disclosure the Offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other materials is submitted. The written request must specifically identify 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 may result in rejection of the proposal.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to BCPS. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. BCPS will schedule the time and location of these presentations. Oral presentations are an option of BCPS and may not be conducted.

Therefore, proposals should be complete.

B. Specific Requirements

Proposals should be as thorough and detailed as possible so that BCPS may properly evaluate your capabilities to provide the requiredservices. Offerors are required to submit the following information/items as a complete proposal:

1. The return of the General Information Form and addenda, if any, signed and filled out as required.

2. Plan for Providing Services:

a. Provide a detailed description of the services to be provided under this contract.

3. Experience and Qualifications

a. Provide background information about the organization to include its philosophy, ownership, size, facilities and locations. Indicate the size and location of the office that will serve BCPS.

b. Provide information about how the organization will assist with the complexities of the Affordable Care

Act and list specific supports to ensure conformity to the ACA.

c. Illustrate the organizations structure.

d. Include offeror’s current financial condition. Provide supporting documentation and audited annual reports for the past three years.

e. If the Offeror plans to subcontract any part of the work under this contract please indicate the services to be subcontracted and subcontractor’s information.

f. Provide a list of insurance carriers and/or agents with which the Offeror has business and/or other financial relationship.

g. Provide details of the offeror’s qualifications to perform the requested services.

h. Identify the key personnel and alternates that would be assigned to perform and manage the services under this contract. Include a description of the individual’s qualifications, training, experience and professional certifications, accompanied by their individual resumes. Include the contact information for the key personnel and alternates.

i. Include a statement explaining why the Offeror’s proposed solution would be the most advantageous to

BCPS.

j. Describe the Offeror’s established experience record in providing comparable services. Indicate the number and types of clients the Offeror has served with comparable services and include the number of years the Offeror has been providing the services.

4. Price

a. Include a cost for all services proposed. Include hourly rates for all employees that would provide services under an awarded contract.

5. Four (4) recent references, either educational or governmental, for whom you have provided the type of services described herein. Include the date(s) the services were furnished, the client name, address and the name and phone number of the individual BCPS has your permission to contact.

VI. SELECTION CRITERIA AND AWARD

A. Selection Criteria

Proposals will be evaluated by BCPS using the following:

Maximum Point

Criteria Value

1. Plan for providing services 30

2. Experience and Qualifications 30

3. Price 30

4. References 10

Total 100

B. Award

The selected committee will be comprised of users and potential users from various School Board departments.

The School Board Staff will evaluate and rank the proposals using the evaluation criteria state above and negotiate a contract in accordance with the process for competitive negotiation described in Section 2.2-4302.2 of the Virginia Public Procurement Act (VPPA) for non-professional services.

The School Board reserves the right to accept or to reject any or all proposals in whole or in part, to make multiple awards, and to waive informalities I the process of awarding this contract. The School Board further reserves the right to make an award of a contract without further discussion of the proposals received provided it is determined in writing that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration. Therefore, proposals should be submitted initially on the most favorable terms that the offeror could propose with respect to both price and technical capability.

VII. CONTRACT ADMINISTRATION

A. Brandon Lee, Director of Finance, at BCPS or his designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or his designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract

Administrator, or his designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the BCPS

Finance Department through a written amendment to the contract.

VIII. ATTACHMENTS

Attachment A- Terms and Conditions

Attachment B - Standard Contract Form

ATTACHMENT A

TERMS AND CONDITIONS

SPECIAL TERMS AND CONDITIONS

1. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. BCPS, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

2. AUTHORIZED USERS: Additional State agencies, institutions and/or other public bodies may be added or deleted to receive the goods or services resulting from this solicitation. The addition or deletion of authorized users shall be made only by written modification to the contract. Such modification shall name the specific agency added or deleted and the effective date.

3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that BCPS shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

4. CANCELLATION OF CONTRACT: BCPS reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than

12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

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

Botetourt County Public Schools

Finance Department

143 Poor Farm Road

Fincastle, VA 24090

Reference the opening date and hour, and RFP Number in the lower left corner of the envelope or package.

If a proposal not contained in the special envelope is mailed, the Offeror takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the proposal to be disqualified. No other correspondence or other proposals should be placed in the envelope. Proposals may be hand delivered to the BCPS Finance Department.

6. INSURANCE:

By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

During the period of the contract, Botetourt County Public Schools reserves the right to require the Contractor to furnish certificates of insurance for the coverage required.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Worker's Compensation - Statutory requirements and benefits.

B. Employers Liability - $100,000.00

C. General Liability - $500,000.00 combined single limit. BCPS and the Commonwealth of Virginia shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations

Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's

Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00

The contractor agrees to be responsible for, indemnify, defend and hold harmless BCPS, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless BCPS, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

GENERAL TERMS AND CONDITIONS

1. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to BCPS 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 Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1

E).

In every contract over $10,000 the provisions in A and B below apply:

A. During the performance of this contract, the Contractor agrees as follows:

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

2) 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.

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

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

2. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to BCPS all rights, title and interest in and to all causes of the 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 BCPS and the

Commonwealth of Virginia under said contract.

3. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia 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.

4. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of BCPS.

5. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any one of the following ways:

A. The parties may agree in writing to modify the scope of the contract. An 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

B. BCPS 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 the method of packing or shipment and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give BCPS a credit for any savings.

Said compensation shall be determined by one of the following methods:

1) By mutual agreement between the parties in writing; or

2) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to BCPS right to audit the

Contractor's records and/or to determine the correct number of units independently; or

3) By ordering the Contractor to proceed with the work and to keep a record of all costs incurred and savings realized.

A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present BCPS with all vouchers and records of expenses incurred and savings realized. BCPS shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to BCPS within thirty (30) days from the date of receipt of the written order from BCPS.

If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the

Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Virginia Public

Procurement Act. Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by BCPS or with the performance of the contract generally.

6 CLAIMS. Contractual claims, whether for money or other relief, shall be submitted in writing to the Director of Finance, BCPS Finance Department, 143 Poor Farm Road, Fincastle, Virginia 24090, no later than sixty (60) days after final payment;

however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods.

Pending claims shall not delay payment of amounts agreed due in the final payment (Code of Virginia, Section 2.2-4363). A contractor may not institute legal action prior to receipt of the Supervisor of Purchasing's decision on the claim, unless that office fails to render such decision within thirty (30) days. The decision of the Supervisor of Purchasing shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision on the claim, institutes legal action as provided in the Code of Virginia, Section 2.2-4364.

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

8. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the

Commonwealth of Virginia from submitting bids or proposals on contracts 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.

9. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, BCPS, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which BCPS may have.

10. DRUG-FREE WORKPLACE: In every contract over $10,000 the following provisions apply: 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 engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

11. EO/AA STATEMENT: BCPS, an equal opportunity, affirmative action institution covered by presidential executive order

11246 as amended, advises all contractors, subcontractors, vendors and suppliers that direct receipt of federal funds may require appropriate action on their part.

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

13. FACSIMILE PROPOSALS: Facsimile unsealed proposals received in the BCPS Finance Department prior to the time and date designated for proposal submission will be accepted.

For sealed Request for Proposal (RFP) programs, an offeror may fax a proposal to a non-BCPS third party, who in turn must deliver it, with the number of copies specified in the RFP, to the Finance Department in a sealed envelope before the proposal due date and time.

14. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their proposals, the offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

15. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless BCPS and their officers, agents, and employees from any claims, damages and actions of any kind or nature whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature, furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of BCPS or failure of BCPS to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

16. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of BCPS, but shall be an independent contractor.

Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind BCPS, or to otherwise act on behalf of BCPS, except as BCPS may expressly authorize in writing.

17. LATE PROPOSALS: To be considered for selection, proposals must be received by the BCPS Finance Department, 143

Poor Farm Road, Fincastle, Virginia 24090, by the designated date and hour. Proposals received in the BCPS Finance

Department after the date and hour designated are automatically disqualified and will not be considered. BCPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the offeror to insure that its proposal reaches the BCPS Finance Department by the designated date and hour.

18. MANDATORY USE OF BCPS FORMS AND TERMS AND CONDITIONS: Failure to submit a proposal on the official

BCPS form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General

Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, BCPS reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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

20. PAYMENT:

A. TO PRIME CONTRACTORS:

1) 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 BCPS or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2) 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.

3) 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.

4) 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 the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt

Collection Act.

5) 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the

Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. 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).

B) TO SUBCONTRACTORS:

1) A contractor awarded a contract under this solicitation is hereby obligated:

a) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract;

or

b) To notify BCPS and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason.

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 Commonwealth, except for amounts withheld as stated in b) 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 Commonwealth.

21. PRECEDENCE OF TERMS: Paragraphs 1, 2, 3, 7, 8, 12, 14, 17, 18, and 27 of these General Terms and Conditions 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.

22. PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract award will be posted on the Public

Information Board located in the BCPS School Board Office, 143 Poor Farm Road, Fincastle, Virginia. Award information may also be obtained by contacting the buyer whose name appears on the solicitation.

23. QUALIFICATIONS OF OFFERORS: BCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work/furnish the item(s) and the offeror shall furnish to BCPS all such information and data for this purpose as may be requested. BCPS reserves the right to inspect offeror's physical facilities prior to award to satisfy questions regarding the offeror's capabilities. BCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy BCPS that such offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

24. SUPREMACY CLAUSE: Notwithstanding any provision in the offeror’s response to the contrary, the offeror agrees that the terms and conditions contained in BCPS proposal prevail over contrary terms and conditions contained in the offeror’s response.

25. TAXES: Sales to BCPS and the Commonwealth of Virginia 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 be free of Federal excise and transportation taxes. BCPS excise tax exemption registration number is54-6001155.

26. TESTING AND INSPECTION: BCPS reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specification.

27. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant that the price(s) offered are for FOB destination and include 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.

28. USE OF BRAND NAMES: Unless otherwise provided in this solicitation; the name of a certain brand, make or manufacturer does not restrict 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 BCPS in its sole discretion determines to be equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable BCPS 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. Unless the offeror clearly indicates in its proposal that the product offered is an "equal" product, such proposal will be considered to offer the brand name product referenced in the solicitation.

29. VENDOR’S MANUAL: Any resulting contract is subject to the provisions of the Commonwealth of Virginia Vendor’s

Manual and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of this manual is available from the Division of Purchases and Supply in Richmond, VA (804) 786-3845.

ATTACHMENT B

Standard Contract form for reference only

Offerors do not need to fill in this form

BOTETOURT COUNTY PUBLIC SCHOOLS

STANDARD CONTRACT

Contract Number: _______________________

This contract entered into this ____ day of ____________ 20___, by ______________________, hereinafter called the

"Contractor" and Botetourt County Public Schools, called "BCPS".

WITNESSETH that the Contractor and BCPS, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows:

SCOPE OF CONTRACT: The Contractor shall provide the _____________ to BCPS as set forth in the Contract Documents.

CONTRACT PERIOD: The initial contract period is ____________ through __________________.

COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by BCPS in accordance with the contract documents.

CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Request For Proposal Number

__________ dated __________, together with all written modifications thereof and the proposal submitted by the Contractor dated _________ and the Contractor's letter dated __________, all of which contract documents are incorporated herein.

In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

Contractor: Botetourt County Public Schools

By: ___________________________________ by: ___________________________________

Title: __________________________________