PITTSYLVANIA COUNTY

BOARD OF SUPERVISORS

Request for Proposals for

Architectural and Engineering Services: Feasibility Study for a New Courts Facility and Repurposing of Existing Courthouse

RFP- 20260521

DATE: May 21, 2026

PROFESSIONAL SERVICES

CONTACT: CONNIE GIBSON, PURCHASING MANAGER

(434) 432-7744

This procurement shall be conducted in accordance with the competitive negotiation procedures of the Virginia Public

Procurement Act – Section 2.2- 4302.2

GENERAL INSTRUCTIONS TO OFFERORS

DUE DATE: Sealed Proposals shall be received by June 23, 2026, no later than 2:00PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: One original and one electronic copy (USB) of the proposals should be mailed or hand delivered to: 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 #20260521 -Architectural and Engineering Services: Feasibility Study for a New Courts Facility and

Repurposing of Existing Courthouse

Proposals not so marked or sealed shall be returned to the offeror and will not be considered.

Proposal Submission Requirements:

Proposals must be received by June 23,2026, no later than 2:00 p.m. Pittsylvania County offers the option to submit bids or proposals electronically through the Commonwealth of Virginia’s eVA procurement marketplace (not mandatory). 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 by going to our website and checking to see if any addendums have been issued.

www.pittsylvaniacountyva.gov .

Copies of the Proposal Documents may be obtained at the Purchasing Department located in County Administration

Building 1 Center Street, Virginia, at no charge. You may also download this bid at www.pittsylvaniacountyva.gov website.

QUESTIONS:

1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than June 8,2026, by 10:00am. 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 June 9,2026 by 5:00 p.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.

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

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, constitute 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____________ ________________________________________

Addendum No. ____________, dated____________

(Please note all addenda’s)

(Return this Form)

I. PURPOSE AND INTENT

Pittsylvania County Board of Supervisors (“the County”) is soliciting proposals from qualified professional

Architectural and Engineering (A/E) firms to enter into a contract through competitive negotiation to provide professional services for a feasibility study to evaluate the requirements for a new courts facility (Phase I); the siting, schematic design, and preliminary engineering for a new courts facility (Phase II); and the County’s options for repurposing and renovating the existing courthouse (Phase III) for current and future non-courts system occupants. Phase I should include a facility and space needs assessment for the County’s Courts system

. Phase II consists of an analysis of available sites, layouts, and configurations for a new courts facility based on the requirements identified in Phase I and a project location within 1,000 feet of the parcel boundary where the current courthouse is located, per Virginia Code § 15.2-1646. Phase II should include conceptual plans to illustrate the overall layout, functionality, and aesthetics of a new courthouse, along with cost and time estimates to complete construction of a new facility. Phase III requires assessing the space needs of County departments;

a building condition assessment of the existing courthouse; and the development of concepts to facilitate the repurposing of the County’s existing courthouse for the next 25+ years. The feasibility study should address timing, phasing, and logistical considerations, such as relocation of County staff and services related to the disruption of use of current County facilities due to construction. Repairs and improvements to the existing

Courthouse should also be considered in terms of how well they serve current (at least temporarily) and future occupants. The County seeks to contract with one A/E firm who will agree to be available to provide these services in a timely manner.

1. The A/E (Proposer/Firm) shall provide professional services for the project described in this RFP consistent with the VPPA, and the County’s Procurement policy.

2. The Project scope is for the entirety of the Pittsylvania County Courts, including Circuit Court, General

District Court, Juvenile and Domestic Relations (J&DR) Court, their respective court clerks, the

Sheriff’s Office security team, secured parking areas for judges, detainee holding facilities, and court support services.

3. The project scope includes a space needs assessment and building evaluation (with recommendations) of the existing courthouse to support the facility’s usability in terms of safety, security, efficiency, and comfort.

4. The selected Firm shall be responsible for providing a full range of professional services for this Project which includes a multi-disciplinary building evaluation of facility infrastructure (i.e., structural, mechanical, electrical, plumbing, etc.), professional architectural/engineering services, civil engineering, space programming, geotechnical studies, information technology hardware design, facility security, security system design, ADA compliance, landscape design, exterior lighting design, interior furnishings, equipment design and associated professional services (A/E Services) as they pertain to the construction of a new courthouse building and renovation/repair of the existing courthouse for its current and future occupants.

5. Any proposal submitted shall be irrevocable and open for acceptance for a period of ninety

(90) days from the RFP closing date.

II. BACKGROUND

The existing Pittsylvania County Courthouse was constructed in 1853. The building faces west and is a https://law.lis.virginia.gov/vacode/title15.2/chapter16/section15.2-1646/ two-story red brick and wood structure. The building is located on landscaped grounds in the center of

Chatham. The building houses the County Circuit Court, General District Court and Juvenile & Domestic

Relations District Court (J&D Court). Alterations were made in 1896 and 1927. On the east side is the

1968 County Courthouse Annex. During the preceding decades, sustained economic growth and an increasing residential population have placed an extraordinary demand for services on this facility. Over the years, incremental relocation of multiple County departments to other locations and modifications to the buildings existing floor plans have helped to a point, but this effort is no longer a viable solution for the need of additional space.

1. Circuit Court

The Circuit Court is the trial court of general jurisdiction in Virginia. It handles major civil cases, felony criminal matters, family law cases involving divorce and property disputes, appeals from the district courts, and jury trials. Because of its broad responsibility, the courthouse includes courtrooms equipped for jury proceedings, judge’s chambers, and secure access for law enforcement.

2. General District Court

The General District Court oversees traffic cases, misdemeanors, preliminary hearings for felonies, and civil claims involving smaller monetary amounts. This division is typically the public’s most frequent point of contact with the court system. Its courtroom spaces are designed to support high volume, fast paced dockets.

3. Juvenile & Domestic Relations District Court (J&D Court)

The J&D Court focuses on matters involving children and family relationships, including juvenile delinquency, custody, visitation, child support, and protective orders. Because of the sensitive nature of these cases, the courthouse often incorporates secure and private waiting areas and interview spaces to support families and children.

4. Common courts-related features include magistrate services, clerk’s offices for each court division, secure holding areas managed by the sheriff’s office, and spaces for attorneys, juvenile probation, and other justice system partners.

III. SCOPE OF SERVICES

Phase I. Facility and Space Needs Assessment for County Courts System and Courts Facility

The selected A/E shall furnish all expertise, labor and resources for a facility and space needs assessment to support the conceptual layout and schematic design of a new courthouse.

1. Ensure compliance with the Virginia Courthouse Facilities Guidelines (May 1, 2025):

(https://www.vacourts.gov/static/courts/vacourtfacility/complete.pdf).

2. Refine, clarify, and/or fully develop the County’s space program for the County’s Courts system; which includes Circuit, General District, and Juvenile and Domestic Courts. A space needs assessment for the

County’s Courts System was conducted in 2018/2019; which may contain relevant information, but should be thoroughly reviewed to ensure its current applicability and alignment with current Virginia

Courts System regulations, best practices, and trends.

3. Identify facility safety, security, ingress/egress, accessibility, parking, and energy efficiency-related requirements and best practices for a new courts facility.

Phase II. Schematic Design/Conceptual Plan Development, Site Evaluations, and Preliminary

Engineering to Support a New Courts Facility https://www.vacourts.gov/static/courts/vacourtfacility/complete.pdf

1. Based on the results from Phase I, develop a conceptual plan for a new courthouse facility that’s located

“within 1,000 feet of the parcel upon which the courthouse is located,” per Virginia Code § 15.2-1646, and complies with the latest version of Virginia Courthouse Facility Guidelines.

2. Evaluate and propose options given the Courthouse’s current location, available real estate, utilities, topography, existing County facilities, etc. and needs identified in Phase I.

3. Develop a minimum of two concepts with related design and construction cost estimates and timeframes. Each concept should provide sufficient detail related to facility size, orientation, architecture, public road access, public and secured parking, utility connectivity, etc. while also taking into account the impacts construction may have on current County offices and facilities so that temporary swing space and relocation options can be identified and planned accordingly.

4. As noted in Phase I of the Scope of Work, conceptual plans should include, but are not limited to the following:

• Site requirements, including conceptual site plan(s), ingress/egress, and security/access control

• Space needs and requirements

• Logistical considerations

• Traffic and parking requirements

• Water and wastewater requirements

• Stormwater management

• Power and other utility requirements

• Energy efficiency

• Technology and communication requirements

• Preliminary project schedule and budget

• Conceptual building and site plan options

General Project Description

The space needs to be accommodated in a new courts facility generally include:

• 2 Circuit Court Courtrooms

• 1 General District Court Courtroom

• 2 Juvenile and Domestic Relations Court Courtrooms

• Clerk’s office for each court (3)

• Land Records (Clerk of Circuit Court)

• Sheriff’s Office Court Services Offices

• Secure transfer and holding areas for detainees

• Secured parking for judges and other Courts staff

• Staff meeting rooms and office spaces

• Commonwealth’s Attorney Office

• Storage and other support spaces

• Public parking* to accommodate staff and public needs.

The facility shall be designed in compliance with the most recently published version of the Virginia

Courthouse Facility Guidelines (May 1, 2025) as published by the Supreme Court of Virginia. Any plans for https://law.lis.virginia.gov/vacode/title15.2/chapter16/section15.2-1646/ a new or renovated facility should also be designed to achieve LEED Silver certification and in compliance with the Virginia High Performance Buildings Act.

Phase III. Repurposing and Renovation Plan Development for Existing Courthouse

1. Conduct a comprehensive evaluation of the existing Courthouse to assess the facility’s safety, regulatory compliance (esp. American Disability Act), and overall effectiveness, with particular attention given to safety, security, navigability, and accessibility concerns as well as the functionality and performance of the facility’s systems (i.e., plumbing, HVAC, electrical, IT, etc.) and infrastructure.

2. Meet with occupants of the existing courthouse to identify issues and concerns related to space, safety, security, accessibility, indoor environmental quality (IEQ), thermal comfort, and occupant satisfaction.

3. Evaluate options related to the repurposing of the existing Courthouse (i.e., identification of potential occupying County departments, offices, public services, etc.)

Deliverables Include:

1. Facility and Space Needs Assessment for Courts Services

2. Schematic Design, Conceptual Plans, and Preliminary Engineering Report for a New Courthouse

3. Building Evaluation and Conditions Assessment of Existing Courthouse

4. Conceptual Plan and Preliminary Design for the Repurposing and Related Renovations and Upgrades for the Existing Courthouse to Support Current and Future Non-Courts System Occupants

Additional Requirements:

1. Prepare a written document to include statistical analysis of current and future court use trends, caseload analysis, preliminary space needs, preliminary recommendations for security, courtroom technology, clerk records management, inmate detention and transport, meeting rooms, other court service needs, conceptual building and site layout, project schedule, utility requirements, and preliminary project budget.

2. Present to Board of Supervisors.

3. During the assessment, the County may elect to authorize the selected offeror to proceed with assistance in petitioning the Circuit Court for a writ of election on the question of the removal of the Courthouse by offering guidance and advice on site and option selection and development of detailed cost estimates to construct a facility that meets all guidelines established by the Supreme

Court of Virginia and addresses the future space needs of the County’s Courts.

4. Should the County decide to proceed with an option into formal design and construction, the

County may elect for the selected offeror to provide detailed A/E design services and construction administration services for the selected option.

5.

PROPOSAL PREPARATION SHALL:

• Be brief, concise and responsive to the specific requests in this RFP.

• Provide a Statement about why the firm should be selected to provide the requested services.

• Demonstrate an understanding of the requested and required scope of services.

• Provide reference projects completed by the firm within the past 5 years demonstrating extensive experience designing similar Courthouse facilities, including budget-actual cost and delivery time comparisons with Owner references.

• Identify the principal staff and all proposed consultants that will be used for execution of the standard contract including each individual’s and firm’s relevant experience on courthouse projects.

• Provide a spreadsheet of firms 4 most recently completed courthouse (or comparable) projects documenting the Owner’s construction budget, A/E cost estimate prior to bid, awarded construction contract amount, total amount of construction change orders, original project

(including design) delivery duration, and actual delivery duration.

• Confirm resource availability and commitment to complete the services by the anticipated milestones and provide an outline schedule for the design services through bid document issuance.

IV. PROPOSAL REQUIREMENTS

A. Proposal Requirements. Each Proposal shall include the completed and signed RFP cover page signed by an authorized representative of the Offeror. By submitting a proposal, the Offeror certifies that all information provided in response to this RFP is true and accurate. Failure to provide information required by this RFP will ultimately result in low scoring of the proposal.

B. Proposal Forms. Proposals shall be prepared simply and economically, providing a straightforward, concise description of the A/E's capabilities for satisfying the requirements of the RFP. Emphasis should be on completeness and clarity of content within the forms provided. Elaborate and prepared simply and economically, providing a straightforward, concise description of the A/E's capabilities for satisfying the requirements of the RFP. Emphasis should be on completeness and clarity of content within the forms provided. Elaborate brochures and other representations beyond those sufficient for presenting a complete and effective proposal are neither required nor desired. Photographs of past projects or other elaborate material are not required in this RFP. Proposals which do not include the attached forms and/or do not include the requested information, and data may be considered nonresponsive to the RFP.

Offerors selected for interviews may, at that time, present supplemental data to further clarify their qualifications, skills, abilities, performance record, and approach to providing the services.

C. Confidential and Proprietary Information. All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information

Act, Virginia Code § 2.2-3700 et seq., except as provided below:

• Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

• Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the public body decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.

• The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

• Trade secrets or proprietary information submitted (completed Attachment F Form) by an offeror in connection with a procurement transaction shall not be subject to the Virginia Freedom of

Information Act (§ 2.2-3700 et seq.) if the Offeror has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary. An Offeror shall not designate as trade secrets or proprietary information (a) an entire proposal; (b) any portion of a proposal that does not contain trade secrets or proprietary information; or (c) line item prices or total proposal prices.

IV. CRITERIA FOR PROPOSAL EVALUATION

Criteria to be utilized in evaluating proposals are:

A. Selection Evaluation Committee. A Selection Evaluation Committee (“Committee”) has been established to review and evaluate all proposals submitted in response to this RFP. The

Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below.

B. Contact with Selection Committee. No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Committee or any person involved in the evaluation of the proposals, relative to this solicitation.

Committee members will refer any and all calls related to this procurement to the

Procurement Official named on the front of the RFP. Failure to comply with this directive, at the sole discretion of the County, may result in the disqualification of an offeror from the procurement process.

C. Proposed Scoring of Proposals.

The Committee will evaluate the proposals in response to this RFP using the following criteria and weighting:

Evaluation Criteria Points

Prior experience of the Offeror in successfully providing similar design and construction administration services, on time and on budget, to Pittsylvania County and/or other government entities for similar type and scale projects.

Expertise and qualifications of the Offeror’s proposed project personnel and subconsultants proposed to provide services for projects similar to that under this RFP.

Clearly demonstrated understanding of the project needs, goals, limitations, and work to be performed and the

Offeror’s approach to achieve the project objectives included in the Scope of Services.

Offeror’s and subconsultants demonstrated understanding of the project time frame and availability/plan to complete the project in a collaborative and timely and efficient manner.

Clarity, succinctness and completeness of Offeror’s response in addressing the RFP.

Innovation and Creativity in the Offer’s approach to accomplish the project objectives.

TOTAL (out of 100 possible)

IV. SPECIAL TERMS AND CONDITIONS

If there is a conflict with the Special Terms and Condition and General Terms and Condition, the Special Terms will take precedent.

1. Independent Contractor

The Contractor is an independent contractor, and nothing contained in the CONTRACT shall constitute or designate the Contractor or any of its agents or employees as employees of the County.

2. Rejection and Award of Proposals

The County reserves the right to accept or reject any or all proposals, to waive informalities, and to reissue any

Request for Proposals. Any Contract resulting from this Request for Proposal shall not be exclusive to the successful Contractor unless so stated in the Request for Proposals.

3. Withdrawal of Proposals

3.1 A Contractor may withdraw its proposal prior to the deadline for submission upon written request and presentation of proper identification.

3.2 By submitting a proposal response, the Contractor agrees that the proposal response will not be withdrawn for a period of 90 days following the due date for proposal responses.

4. Ownership of Documents

4.1 All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by or for the Contractor under any resultant contract shall, at the option of the County, become the County’ property and shall be delivered to and remain the property of the locality upon completion of the work or termination of the contract. The

County shall have the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the Contractor.

4.2 Any documents or other materials provided to the Contractor by the County shall be returned to the

County upon delivery of the final products and/or services. Any art work, negatives, proofs, or other materials produced by the Contractor in order to supply the products or services contracted for shall become the property of the County and shall be sent to the County upon delivery of the final products and/or services unless otherwise requested by the County. Failure to deliver the art work, negatives, proofs, or materials shall be cause for withholding any payments due.

5. Licenses and Permits

The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the work which are legally required prior to and during the work, including software licenses or other intellectual property permissions, unless otherwise specified by the

County.

6. Compliance With All Requirements

The Contractor shall comply with all applicable federal, state and local laws and regulations. The

Contractor shall give notice as required and comply with all laws, ordinances, rules, regulations, and lawful orders of any entity having authority over the performance of the work.

7. Legal Proceedings

Any legal proceedings arising out of or related to this agreement shall be filed by the parties in the courts of Pittsylvania County, Virginia.

8. Additional Services

The County may add to the Scope of Services or make changes in the Scope of Services any services of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually agreed to at a price mutually agreed upon.

9. Contractual Claims

Contractual claims, whether for money or other relief, shall be submitted in writing to the County no later than

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.

It shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County shall render a decision on the claim and shall notify the Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision to the Governing Body by providing written notice to the County Administrator, within 15 days of the date of the decision. The Governing Body shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act. Invoices for all services or goods provided by the Contractor shall be delivered to the County no later than 30 days following the conclusion of the work or delivery of the goods.

10. Ethics in Public Contracting

10.1 The provisions contained in Virginia Code Sections 2.2-4367 through 2.2-437, the Virginia Public

Procurement Act, shall be applicable to all contracts solicited or entered into by the County. A copy of these provisions may be obtained from the Purchasing Department upon request.

10.2 The provisions of this article supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Virginia

Code), the Virginia Governmental Frauds Act (Title 18.2, Chapter 12, Article 1.1 of the Virginia Code) and prohibitions against bribery and related offenses (Title 18.2, Chapter 10, Articles 2 and 3 of the Virginia

Code). The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act.

11. Financial Statements

11.1 Any entity responding to this solicitation, and the vendor or contractor chosen as a result of this solicitation, by submission of a response to this solicitation, agrees to provide the County, within 10 calendar days of the County’s request, a copy of its most recent audited financial statement(s) and those of any of its parent companies and/or subsidiaries having any material influence on the goods/services provided, or to be provided, under the resultant contract with the County. The financial statement(s) shall be accompanied by a letter signed by, as applicable to the type of business, a corporate officer, partner, or owner, stating that the accompanying financial statement(s) is complete and is the most recent audited financial statement(s) available.

11.2 The financial statement(s) shall be provided at no charge to the County, and the County shall be under no obligation to return the financial statement(s).

11.3 The vendor or contractor chosen as a result of this solicitation shall require this same provision to be included in the contracts of all subcontractors and any other entities providing any services related to the County’s contract, so as to guarantee the County’s rights to obtain financial statements. Should the vendor or contractor fail to ensure the County’s rights under this section, the vendor or contractor shall be liable to the County for all reasonable costs and expenses the County may incur in obtaining financial statements which would have otherwise been available under the provisions of this section.

12. 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.

13. Cancellation of Contract:

The purchasing agency 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.

14. Owner/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.

15. State Corporation:

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.

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 13

B. APPLICABLE LAWS AND COURTS 13

C. ANTI-DISCRIMINATION 13

D. ETHICS IN PUBLIC CONTRACTING 14

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 14

F. DEBARMENT STATUS 14

G. ANTITRUST 14

H. CLARIFICATION OF TERMS 15

I. PAYMENT 15

J. PRECEDENCE OF TERMS 16

K. QUALIFICATIONS OF BIDDERS OR OFFERORS 16

L. TESTING AND INSPECTION 16

M. ASSIGNMENT OF CONTRACT 16

N. CHANGES TO THE CONTRACT 16

O. DEFAULT 16

P. TAXES 17

Q. USE OF BRAND NAMES 17

R. TRANSPORTATION AND PACKAGING 17

S. INSURANCE 17

T. ANNOUNCEMENT OF AWARD 18

U DRUG-FREE WORKPLACE 18

V. NONDISCRIMINATION OF CONTRACTORS 19

W. AVAILABILITY OF FUNDS 19

X. SMALL, WOMEN-, MINIORTY AND SERVICE DISABLED VETERAN-OWNED . 19

Z. FORCED OR INDENTURED CHILD LABOR 19

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 Pittsylvania County, 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…