RFP 26-3011-10JMH - Single Engine High Wing Aircraft FINAL.pdf

COUNTY OF HENRICO, VIRGINIA – Department of Finance, Purchasing Division

8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775

Phone: (804)501-5660

Version 6.1.26

RFP No. 26-3011-10JMH

October 12, 2026

Request for Proposal (“RFP”)

Single Engine, High Wing Aircraft

Your firm is invited to submit a proposal to provide a new single engine, high wing aircraft for the

Division of Police, Metro Aviation Unit in accordance with the enclosed Specifications and General

Terms and Conditions.

Your firm’s proposal submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than October 30, 2026 at

2:30pm by submission through the Commonwealth of Virginia’s electronic procurement platform eVA.

Time is of the essence, and any offeror that attempts to submit a proposal after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time.

The time of receipt shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible offeror or in any way restrain or restrict competition. On the contrary, all responsible offerors are encouraged to submit proposals. The County of

Henrico reserves the right to accept or reject any or all proposals submitted.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This RFP and any addenda are available on the County of Henrico website at:

http://henrico.gov/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this RFP, please contact Justin M. Herbaugh at her034@henrico.gov by no later than October 21, 2026.

Very truly yours, Justin M. Herbaugh, VCA, VCO

Procurement Analyst III about:blank http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/ mailto:her034@henrico.gov

TABLE OF CONTENTS

I. Introduction

A. Purpose

B. Background

II. Scope of Services

III. County Responsibilities

IV. Anticipated Procurement Schedule

V. Proposal Submission Requirements and Instructions

VI. Proposal Response Format

VII. Proposal Evaluation / Selection Process

VIII. General Contract Terms and Conditions

A. Annual Appropriations

B. Antitrust

C. Artificial Intelligence Systems Clause

D. Assignment of Contract

E. Authorization to Transact Business in the Commonwealth

F. Award of the Contract

G. Changes to the Contract

H. Collusion

I. Compensation

J. Controlling Law and Venue

K. County License Requirement

L. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)

M. Employment Discrimination by Contractor Prohibited

N. Employment of Unauthorized Aliens Prohibited

O. Environmental Management

P. Ethics in Public Contracting

Q. Insurance Requirements

R. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and

Employment Services Organizations

S. No Discrimination against Faith-Based Organizations

T. Nondiscrimination of Offeror

U. Occupational Safety & Health Policy Statement

V. Ownership of Deliverable and Related Products

W. Payment Clauses Required by Va. Code §2.2-4354

X. Record Retention and Audits

Y. Safety

Z. Severability

AA. Subcontracts

BB. Successful Offeror’s Performance

CC. Taxes

DD. Termination by County

EE. Testing and Inspection

FF. Use of Forced and Child Labor Prohibited (VA Code § 2.2-4311.4)

IX. Special Contract Provisions

A. Continuity of Services

B. Cooperative Procurement

C. Indemnification

D. Information and Communications Technology Access

E. Non-Professional Services Contract Format

F. Warranty

X. Attachments

ATTACHMENT A – Proposal Signature Sheet

ATTACHMENT B – Business Category Classification Form

ATTACHMENT C – Virginia State Corporation Commission Registration Information

ATTACHMENT D – Proprietary/Confidential Information Identification

ATTACHMENT E – County of Henrico Insurance Specifications

ATTACHMENT F – Sample Contract

ATTACHMENT G – Information and Communications Technology Access Certification

I. Introduction

A. Purpose

The intent and purpose of this Request for Proposal (“RFP”), and the resulting contract, is to obtain services from a qualified firm to provide a single engine, high wing aircraft in accordance with the Scope of Services section of the solicitation for the Division of Police, Metro Aviation Unit.

B. Background

The Metro Aviation Unit is a partnership between the Henrico County Police Division, Chesterfield County Police Department, and Richmond City Police in the Commonwealth of

Virginia to provide airborne law enforcement services through a fleet of fixed wing aircraft.

Funds budgeted for this aircraft will be secured and earmarked by December, 2026, prior to award of a contract.

II. Scope of Services

A. General Requirements.

1. The Successful Offeror must be regularly engaged in the sale of aircraft.

2. Upon award, the Successful Offeror shall not subcontract any portion of the aircraft sale and the contract will become non-assignable.

3. The specification requirements of this RFP must be the brand and model as indicated or approved equal. If offering an aircraft other than specified, Offeror must provide complete product specifications, including but not limited to, manufacturer, model, production year, flight capabilities, etc. pursuant to Section V. and VI. of the RFP.

4. All materials used for the manufacture and construction of supplies, materials, and equipment covered by this solicitation shall be new. No irregular, imperfect, used, or second-hand equipment or accessories will be accepted.

5. Any items specified as “NO SUBSTITUTE” are not stated to limit competition but are identified as such due to standardization of this product by the Metro Aviation Unit.

6. Equipment installed on the aircraft shall be done in compliance with all provisions, rules, and regulations set forth by the FAA directives in place at the time of installation.

7. The Successful Offeror shall ensure any personnel and equipment involved with the production and sale of aircraft comply with all OSHA, Federal, and State standards as they apply to worksite conditions and the work to be done. Manufacture must be performed by skilled workers in accordance with applicable Federal, State and local governing codes and in a non-hazardous condition.

B. Specifications.

1. Aircraft must be a new, unused, current production model. NO prototype, demonstrator, pre-owned, or rebuilt aircraft will be accepted. Offering such will be cause for the proposal to be considered non-responsive.

2. The County is requesting a Cessna Stationair Model T206H aircraft or equivalent. The features, qualities and performance of the requested aircraft are as follows:

a. Basic equipment and features shall be equivalent to standard equipment provided with a Cessna Stationair Model T206H.

b. A single piston-powered engine with high fixed-wing configuration.

c. Cruise range and endurance shall meet or exceed Cessna Stationair T206H specifications of 700NM (nautical miles) and six-hour flight duration.

d. Cruise speed shall meet or exceed 150 knots.

e. The piston engine should be a Lycoming TIO-540.

f. Fully functioning autopilot system capable of coupled WAAS (Wide Area

Augmentation System) instrument approach.

g. Autopilot roll servo disconnect.

h. Constant speed propeller with propeller de-icing.

i. Built-in oxygen system for all occupants.

j. Cabin air conditioning.

k. Cessna Stationair T206H standard avionics package, including:

i. Garmin G1000NXI with synthetic vision.

ii. TAS (Traffic Awareness System)

iii. TAWS-B (Terrain Awareness and Warning System)

iv. ADS-B in/out (Automatic Dependent Surveillance-Broadcast)

l. MFD auxiliary video enablement.

m. Six occupant capacity plus baggage stowage, with removable seating for cargo transport.

n. Garmin Enhanced Search and Rescue software.

o. Heavy Duty Battery.

p. Garmin Comm 3 unlocked.

q. Maximum useful load shall meet or exceed rated capacity of 1,200 pounds.

r. Optional: If the Successful Offeror’s aircraft has not received a final production painting, the aircraft paint color and accent graphics will be selected by the County personnel from manufacturer’s standard color and trim charts.

3. The aircraft shall be fully certified, with all airworthiness directives met, as of the date of acceptance.

4. Aircraft shall be fully Instrument Flight Rules (IFR) certified in accordance with aviation regulations and procedures, effective no more than seven (7) calendar days prior to acceptance by the County. The IFR certification must include, but is not limited to, the pitot-static system, transponder, encoder, and Very High Frequency Omni-Directional

Range (VOR) receivers.

5. Aircraft shall be delivered complete with the current databases for each piece of avionics equipment included, including a fully activated Garmin subscription at time of delivery.

C. Delivery and Receiving.

1. The fully furnished, complete aircraft must be ready for final inspectation and acceptance no later than three hundred sixty (360) days from date of issuance of award. For scheduling purposes, Offeror shall provide an estimated availability date in their proposal. The Successful Offeror shall notify the County no less than five (5) business days prior to when the aircraft is available for inspection, acceptance, and pick-up. Upon arrival at the Successful Offeror’s location, the County will be responsible for conducting a full final inspection prior to acceptance of the aircraft.

2. Upon acceptance, the Successful Offeror shall furnish:

a. Two (2) copies of the aircraft operator’s manual and avionics manuals.

b. One (1) aircraft service manual

c. One (1) set of aircraft logbooks.

d. Full executed bill of sale and FAA registration for the aircraft as configured and accepted.

e. Current weight and balance of the aircraft as fully configured and accepted, with pilot, front passenger, center passenger, and aft passenger seats installed.

3. All documents furnished shall be current as of the date of aircraft acceptance.

D. Testing and Training.

1. The Successful Offeror shall provide training by qualified instructor(s) on clear instruction of operation, safety, and maintenance of each product provided at the request of the County and Metro Aviation Unit. Training shall be provided until all designated

Metro Aviation Unit personnel are proficient in the use of equipment and aircraft supplied.

2. Training shall occur on a mutually agreed upon schedule, Monday through Friday, 8:00am – 5:00pm, exclusive of County or Federal holidays, and not to exceed six (6) months from the aircraft’s delivery and acceptance by the County. Courses shall be provided for up to two (2) pilots in both ground and flight operations, to include:

a. Minimum four (4) hour ground school covering aircraft systems with an emphasis on G1000 avionics, operation of turbocharged engine, and operation of aircraft oxygen system. This training shall be conducted with a minimum of two sessions to allow all Metro Aviation Unit pilots to attend.

b. Each pilot shall receive a minimum of one (1) two-hour instructional flight to cover operations of the aircraft systems in normal and emergency operations, with a concentration on Garmin G1000 avionics.

3. It is requested that these training services are offered at no charge to the County.

E. Warranty.

All warranties either expressed or implied which are inherent in products specified shall be applicable to products furnished as the result of this solicitation when proposals are submitted. All products, equipment, and services offered shall have, at minimum, a standard manufacturer’s warranty. Warranty coverage shall begin when the aircraft is accepted by the

County and Metro Aviation Unit personnel and once all training has been completed.

III. County Responsibilities

The County will designate an individual to act as the County’s representative with respect to the work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. Anticipated Procurement Schedule

The following represents the timeline of the process currently anticipated by the County:

Request for Proposal Distributed October 12, 2026

Questions Due By October 21, 2026

Receive Written Proposals By 2:30pm local prevailing time on October 30, 2026

Conduct Oral Interviews with Offerors November 15, 2026

Negotiations Completed December 1, 2026

Award Contract December, 2026

Delivery / Acceptance of Aircraft December, 2027

V. Proposal Submission Requirements and Instructions

A. The Purchasing Division will not accept oral proposals, nor proposals received by telephone, FAX machine, email or hard copy submissions. Proposals will only be accepted through eVA.

B. The Proposal Signature Sheet (Attachment A) must accompany any proposal(s) submitted and be signed by an authorized representative of the Offeror. If the Offeror is a firm or corporation, the Offeror must print the name and title of the individual executing the proposal. All information requested should be submitted. Failure to submit all information requested may result in the Purchasing Division requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

C. The time proposals are received shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

D. By submitting a proposal in response to this RFP, the Offeror represents it has read and understands the Scope of Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the Contract work.

E. The failure or omission of any offeror to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site, shall in no way relieve any offeror from any obligations with respect to its proposal or to the Contract.

F. Trade secrets or proprietary information submitted by an offeror in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. An Offeror may 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. (Va. Code § 2.2-4342(F)). (Attachment D)

G. A proposal may be modified or withdrawn by the Offeror any time prior to the time and date set for the receipt of proposals. The Offeror shall follow the process in eVA. No proposal can be withdrawn after the time set for the receipt of proposals and for 120 days thereafter.

H. Each offeror is responsible for determining that it has received all addenda or Questions &

Answers (“Q&A”) issued by the Purchasing Division before submitting a proposal. If an addendum or Q&A is issued after an offeror has submitted a proposal response, the Offeror shall resubmit their proposal in the latest solicitation round in eVA. The County will only evaluate proposals submitted in the latest solicitation round in eVA.

I. Clarifications, Comments and Questions

The County welcomes comments regarding how the RFP and scope of services may be improved. Offerors requesting clarification, interpretation of, or improvements to the

RFP, shall submit technical questions in writing by no later than October 21, 2026. Any changes to this RFP shall be in the form of a written addendum issued by the Purchasing

Division.

J. All proposals received on time pursuant to the provisions of this RFP shall be accepted for consideration. Proposals shall be open to public inspection only after award of the Contract.

K. Refusal To Incorporate the County’s Terms Conditions, Special Contract Provisions, and Contract Documents as Part of the Contract

Offerors that take blanket exception to the RFP, the County’s General Contract Terms and

Conditions, the Special Contract Provisions, the Non-Professional Services Contract and/or the License Agreement Addendum, or that refuse to incorporate the County’s General

Contract Terms and Conditions, the Special Contract Provisions, the Offeror’s original proposal, the Non-Professional Services Contract and/or the License Agreement Addendum, will not be considered for contract award and their proposal will be rejected. An Offeror must specifically identify any exception to any provision in the tab titled “Exceptions” of its proposal, so that the exceptions can be resolved prior to determination of a Contract award.

L. Responsible Offeror Certification

1. “Responsible offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

2. In determining whether an offeror is responsible, the County will consider whether the

Offeror has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Offeror for cause in the last five years; and whether Offeror or any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government agency.

3. As part of its proposal, the Offeror must certify that it has not defaulted on any government contract in the last five years or must explain any such default in reasonable detail. The County may deem any such explanation of default insufficient if it does not include contact information for the government on whose contract the Offeror defaulted.

4. As part of its submission, the Offeror must certify that no government has terminated a contract with the Offeror for cause in the last five years or must explain any such termination for cause in reasonable detail. The County may deem any such explanation of termination for cause insufficient if it does not include contact information for the government that terminated a contract with the Offeror for cause.

5. As part of its submission, the Offeror must certify that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If the Offeror cannot make such certification, the Offeror must explain any ban in reasonable detail. The County may deem any such explanation insufficient if it does not include contact information for the public body that barred the Offeror or the Offeror’s officer, director, partner, or owner from participating in any procurement on any federal, state, or local government body’s contract.

6. If the Offeror fails to submit certifications or explanations in accordance with this section, the Purchasing Division may require prompt submission of missing information and/or give a lowered evaluation of the proposal.

7. The Offeror must notify the County immediately if the Offeror discovers that its certification was erroneous when submitted or has become erroneous.

8. The fact that the Offeror defaulted on a government contract in the last five years; the fact that a government terminated a contract with the Offeror for cause in the past five years;

or the fact that the Offeror or any of its officers, directors, partners, or owners has been barred from bidding on contracts by any federal, state, or local government body will not necessarily result in the County deeming the Offeror nonresponsible.

9. If it is later determined that the Successful Offeror knowingly made a false certification, the County may terminate the contract for cause.

VI. Proposal Response Format

A. Offerors shall submit a written proposal that presents the Offeror’s qualifications and understanding of the work to be performed. Offerors must address each evaluation criterion and be specific in presenting their qualifications. The proposal should provide all the information considered pertinent to the Offeror’s qualifications for this project.

B. The Offeror should include in its proposal the following:

1. Table of Contents

All pages are to be numbered.

2. Tab 1 – Introduction and Signed Forms

In this tab, the following items should be provided:

a. Cover Letter – On company letterhead, signed by a person with the corporate authority to enter into contracts in the amount of the proposal.

b. Proposal Signature Sheet – Attachment A

c. Business Classification Form – Attachment B

d. Virginia State Corporation Commission Registration Information – Attachment C

e. Proprietary/Confidential Information – Attachment D

f. Information and Communications Technology Access Certification – Attachment G

3. Tab 2 – Statement of the Scope

In this tab, offerors, in concise terms, shall state their understanding of the Scope of

Services requested by this RFP in Section II.

4. Tab 3 – Default, Termination and Barred Certification Statement

Pursuant to Section V, Items L(3), L(4) and L(5), in this tab, offerors shall certify (i) that it has not defaulted on any government contract in the last five years, (ii) that no government has terminated a contract with the Offeror for cause in the last five years, and

(iii) that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If any of the aforementioned certifications cannot be made, offerors must explain in reasonable detail.

5. Tab 4 – Experience and Qualifications.

In this tab, offerors should provide the following:

a. Company profile: Offerors to present a company profile and history that demonstrates they have been in business for a minimum of three (3) years with active engagement in the sale of aircraft.

b. Project and Support Staff: Please confirm the total number of staff within the entire company and a portfolio of project staff, including any assigned Project Manager(s) or support team members. This should include a brief description of each member with their experience, qualifications, and role in the project.

6. Tab 5 – Service Approach and Methodology.

In this tab, offerors should provide, in detail, their approach and methodology to fulfill the scope of services solicited by this RFP. Offerors should demonstrate their compliance with the requirements within the Scope of Services and include information on the timeline of processes involved with production, testing, and availability of aircraft.

Offerors are recommended to include, at minimum, the following:

a. Aircraft: Narrative description and a full capabilities document on the make/model, features, equipment and accessories included.

b. Scheduling: Describe your firm’s approach for providing a plan and schedule for the purchase of the County’s requested aircraft.

c. Receiving and Acceptance: Describe your firm’s approach to the delivery and final acceptance of the aircraft, starting from a notice to proceed with contract to the final pick-up of aircraft and compliance to the County’s requested Scope of Services.

d. Testing and Training: Please provide a detailed breakdown of your firm’s testing and training program.

7. Tab 6 – References.

In this tab, offerors should provide a list of reference customers for which the Offeror has completed or is currently providing aircraft of similar size and nature. The information provided should include a contact person’s name, position, up-to-date telephone number and email address, the company for which the contact person worked, and the time period of the services performed.

8. Tab 7 – Pricing / Cost Proposal

In this tab, Offerors shall include the price of aircraft and any fees or related charges necessary to complete the transaction. This should include a breakdown of all equipment and services offered, whether required or optional, as well as any charges related to the requested training within the Scope of Services. Offeror should also include any equipment “bundles” or discounts offered. Pricing will be scored using total extended price of all requested and provided items within the Scope of Services, not including presented optional items, with the lowest total extended price receiving full points. If offeror requests phase or performance payments, please include that in this tab. Offerors may not propose a cost plus a percentage of cost contract pricing arrangement.

9. (if needed) Tab 8 – Exceptions

In this tab, offerors shall list any exceptions taken to the Scope of Services, General

Terms and Conditions, and Special Contract Provisions of this RFP. Unless specific exceptions are made and changes are mutually negotiated, all terms and conditions in the

General Terms and Conditions, Special Contract Provisions, and Scope of Services of this RFP will be incorporated by reference in the resulting contract. If taking exception to any provision of the RFP, an offeror must clearly (1) identify which section of the RFP to which it takes exception (e.g., RFP page 16, Sec. VIII, General Contract Terms and

Conditions – W. Record Retention and Audits), and (2) state whether it is proposing deleting or modifying the County’s language; if the offeror proposes modifying the

County’s language, the offeror must provide alternative language for the County’s consideration. Any agreed upon modifications to the standard terms and conditions in the

RFP will be memorialized in a “Negotiated Modifications” exhibit to the resulting contract.

10. (if needed) Tab 9 – Assumptions

In this tab, offerors shall list any assumptions made when responding to this RFP.

11. (if needed) Tab 10 – Appendices

Optional for offerors who wish to submit additional material that will clarify their response.

[This space intentionally left blank; please see next page.]

VII. Proposal Evaluation / Selection Process

Selection of the Successful Offeror will be based upon submission of proposals meeting the selection criteria. The minimum selection criteria will include:

Evaluation Criteria Weight

Functional Requirements 20

(In accordance with Section VI, Item 2 and Item 3, this criterion considers the

Offeror’s understanding of the work to be performed and proposed solutions solicited by this RFP as specified in Section II.)

Experience and Qualifications 15

(In accordance with Section VI, Item 5 and Item 7, this criterion considers the

Offeror’s qualifications, experience, resumes and references of the overall

Offeror and staff assigned relative to the services solicited by this RFP as specified in Section II.)

Product Approach 25

(In accordance with Section VI, Item 6 and Item 4, this criterion considers the

Offeror’s approach to aircraft design and specifications, the sale of aircraft, project management, scheduling, delivery, receiving, as well as testing and training requested by this RFP as specified in Section II.)

Price 35

(In accordance with Section VI, Item 8, this criterion considers the Offeror’s pricing for completing the services requested by this RFP as specified in Section

II.)

Quality of Proposal Submission / Oral Presentation 5

(This criterion considers the overall quality of the Offeror’s proposal submitted and any oral presentations required.)

Total 100

For goods, nonprofessional services, and insurance, selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP.

In the case of a proposal for information technology, as defined in Va. Code § 2.2-2006, the County shall not require an offeror to state in a proposal any exception to any liability provisions contained in the

RFP. However, when negotiations are conducted offerors shall state any exception to any liability provisions contained in the RFP in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation.

Price shall be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, the County shall select the offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that offeror.

Should the County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

VIII. General Contract Terms and Conditions

A. Annual Appropriations1

The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Antitrust

By entering into a contract, the Successful Offeror conveys, sells, assigns, and transfers to the

County of Henrico, Virginia 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 services purchased or acquired by the

County under the contract.

C. Artificial Intelligence Systems Clause

The following terms apply to any artificial intelligence system, as defined in the Advancing

American AI Act, section 7223(4) of Pub. L. 117-263 (“AI System”) provided or used in the

Successful Offeror’s performance of this contract.

1. If the Successful Offeror will provide or use an AI System owned and/or operated by a third party (“Service Provider”) in the Successful Offeror’s performance of this contract, the Successful Offeror is responsible for ensuring that the AI System conforms with this clause and the County’s Artificial Intelligence (AI) Policy found at:

https://employees.henrico.gov/employment/policies/section13/#1309. All AI Systems must conform to Virginia and federal law.

2. The County retains full ownership of, and will own, all data, information, personally identifiable information, or content (collectively, “Data”) submitted to the AI System by, or on behalf of, the County, including but not limited to user prompts, queries, instructions, system prompts, source data, documents, knowledge bases, and any other information or content submitted to the AI System by, or on behalf of, the County.

3. The County retains full ownership of, and will own, all Data generated by the AI System with County Data or County usage context, including but not limited to responses, results, analyses, anonymized data, derivative data, metadata, logs, synthetic data, and any other output or action produced by the AI System but excluding technical system-level data that contains no County Data or County usage context, such as performance metrics, token counts, and processing times.

4. The County retains full ownership of, and will own, all Custom Developments. The

Successful Offeror and Service Provider must dedicate Custom Developments to the

County’s exclusive use and treat Custom Developments (and all associated Data) as the

1 Mandatory contract provision. Any proposal that takes exception to this provision, whether in part or in whole, may be rejected and not considered.

https://employees.henrico.gov/employment/policies/section13/#1309

County’s confidential information. The Successful Offeror and Service Provider must not use, reproduce, or derive benefit from Custom Developments for any other purpose, or for any other party, without express written authorization from the County’s Department of Information Technology. The term “Custom Developments” means any design of or modifications, customizations, configurations, or enhancements to AI Systems or associated implementations or workflows, and any related work product or deliverables, in each case developed specifically for the County under this contract, including any modifications, customizations, configurations, or enhancements to AI Systems, or models as a result of model training or fine-tuning. The term “Custom Developments” excludes any background intellectual property existing prior to entry into this contract or developed independently by the Successful Offeror or Service Provider without use of or reference to the County’s confidential information or design specifications during the term of this contract.

5. The Successful Offeror must use the County’s Data only to perform the specific requirements of the contract; provide technical support and maintenance as required to perform this contract; and provide such other services as may be expressly authorized in writing by the County’s Department of Information Technology. County Data and

County usage context must not be used to train the AI System or models.

6. To the extent the Successful Offeror or Service Provider obtains any intellectual property rights in County Data, or any improvements, enhancements, feedback, or derivative works thereof, the Successful Offeror assigns and transfers all such rights to the County effective immediately upon creation.

7. The Successful Offeror grants to the County an irrevocable, royalty-free, non-exclusive license to use the AI System for the duration of this contract for any lawful County purpose. This license includes the right to (i) operate and access the AI System through agreed-upon methods; (ii) input and receive Data; (iii) allow authorized County personnel and contractors to use the AI System; and (iv) integrate the AI System with the County’s systems as necessary for any lawful County purpose (except that County systems may not be connected to AI Systems without prior written approval from the County’s

Department of Information Technology). The AI System must not refuse to produce outputs or conduct analyses based on the Successful Offeror’s or Service Provider’s discretionary policies. This requirement does not require retraining of the model or alteration of model weights.

8. The Successful Offeror and Service Provider must implement reasonable technical, administrative, physical, and organizational safeguards to protect County Data from loss, damage, destruction, unauthorized alteration, or corruption, and prevent its unauthorized, accidental, or unlawful access, disclosure, use, or processing.

9. The Successful Offeror and Service Provider must implement “eyes off” Data handling procedures that restrict human review of County Data except as strictly necessary to provide the AI System for performance of this contract or respond to incidents (including ensuring that any human access to County Data must be logged, justified, and limited to the minimum necessary for functionality), and such access must be transparently logged and visible to the County.

10. The Successful Offeror and Service Provider must comply with the following Data localization requirements. The Successful Offeror and Service Provider (i) must not remove or allow removal of any County Data from the agreed-upon premises or authorized services and (ii) must not transmit, store, take, or access County Data, or allow

County Data to be transmitted, stored, taken, or accessed by any means outside the agreed-upon premises or authorized services, without express written consent from the

County’s Department of Information Technology.

11. The Successful Offeror and Service Provider must implement and maintain appropriate technical and organizational measures to ensure that all County Data is logically segregated from the Data of any non-County customer or client and not commingled with

Data of other customers or clients, and the Successful Offeror and Service Provider must provide adequate defense in depth through access controls, policy enforcement points, labeling, and/or encryption mechanisms and must perform continuous monitoring to protect against unauthorized access by external and internal threat actors, third parties, or disclosure resulting from human or machine error.

12. Upon completion, termination, or expiration of the contract, unless otherwise directed by the County in writing, the Successful Offeror and Service Provider must securely delete all County Data and any Custom Developments from the AI System and all its other systems and all copies, backups and derivatives thereof, and certify deletion to the

County in writing.

13. The County retains full ownership of, and will own, all feedback provided by the County to the Successful Offeror and/or Service Provider with respect to the AI System or

Custom Developments, regardless of whether feedback is provided by County personnel, the Successful Offeror, Service Provider, or through automated processes. If feedback includes County Data and/or confidential information, such feedback may not be used for system improvement or any other purposes (other than the performance of this contract).

14. The Successful Offeror must:

a. Disclose to the County all AI Systems used in performance of this contract.

b. Use only AI Systems developed and produced in the United States and that host all applications and data in the United States. The use of foreign AI Systems in the performance of this contract, including any AI components manufactured, developed, or controlled by non-U.S. entities, is prohibited.

c. Provide a means for the County to implement human oversight, intervention, and traceability (including disclaimers that the content was generated by an AI System).

If the AI System uses intermediary processing (such as reasoning, retrieval, or agentic processes), the AI System must summarize intermediary steps from Data input to Data output and make this information accessible through Data output, audit trail, and the user interface, if applicable. At a minimum, the AI System must provide

(i) summarized intermediate processing actions and decision points; (ii) model routing decisions with accompanying rationale; and (iii) retrieval methods employed, including complete source attribution with direct links and relevant excerpts from materials used in response generation.

d. Comply with Virginia’s security breach laws (including §§ 18.2-186.6 and 32.1-

127.1:05 of the Code of Virginia) in the event of any confirmed or suspected security incident.

D. Assignment of Contract

A contract shall not be assignable by the Successful Offeror in whole or in part without the written consent of the County.

E. Authorization to Transact Business in the Commonwealth1

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form must be authorized to transact business in the

Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or

Title 50 of the Code of Virginia or as otherwise required by law.

2. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission (Attachment C).

Any Offeror that is not required to be authorized to transact business in the

Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of

Virginia or as otherwise required by law must include in its proposal a statement describing why the Offeror is not required to be so authorized.

3. An Offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a written waiver is granted by the Purchasing Director, his designee, or the County Manager.

4. Any falsification or misrepresentation contained in the statement submitted by the

Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment by the County.

5. Any business entity described in subsection 1 that enters into a contract with a public body must not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title

50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

F. Award of the Contract

1. The County reserves the right to reject any or all proposals and to waive any informalities.

2. The Successful Offeror must, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing office the Contract documents and any other forms or bonds required by the RFP.

3. Notice of award or intent to award may also appear on the Purchasing Office website:

http://henrico.gov/finance/divisions/purchasing/.

G. Changes to the Contract

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 and 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.

H. Collusion1

By submitting a proposal in response to this Request for Proposal, each Offeror represents that in the preparation and submission of this proposal, the Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.)

http://henrico.gov/finance/divisions/purchasing/ or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of

Virginia.

I. Compensation

1. The Successful Offeror must submit a complete itemized invoice for services that are performed under the Contract. The Successful Offeror must include a unique identifying invoice number on each invoice. The County shall pay the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

2. The County encourages the Successful Offeror to receive payments via ACH. The

County utilizes a third-party payment network powered by Bank of America called

Paymode-X. This network allows the County to make ACH payments to vendors without retaining any financial information of that business. If interested, the Successful Offeror should visit https://www.paymode.com/henricocounty to register or for more information. The Successful Offeror should register each payment address where ACH payments will be received. Once registered with Paymode-X, the verification process takes up to two weeks before ACH payments begin. All payments until then are issued via check.

J. Controlling Law and Venue

The Contract will be made, entered into, and shall be performed in the County and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the

County of Henrico, Virginia.

K. County License Requirement1

If a business is located in the County, it is unlawful to conduct or engage in the business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your proposal submission. If your business is not located in the County, include a copy of your current business license with your proposal submission. If you have any questions, contact the Business Section, Department of

Finance, County of Henrico, telephone (804) 501-4310.

L. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)1

1. 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.

2. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from https://www.paymode.com/henricocounty engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

M. Employment Discrimination by Contractor Prohibited1

1. Contractor certifies to the County of Henrico, Virginia that it 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. 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, § 2.2-4343.1E). During the performance of this Contract, the Contractor agrees as follows (Va. Code § 2.2-4311):

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

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

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

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

2. The Contractor will include the provisions of the foregoing subparagraphs (a), (b), and

(c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

N. Employment of Unauthorized Aliens Prohibited1

As required by Virginia Code §2.2-4311.1, the Contactor does not, and shall not during the performance of this agreement, in the County of Henrico, Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

O. Environmental Management

The Successful Offeror must comply with all applicable federal, state, and local environmental regulations. The Successful Offeror is required to abide by the County’s

Environmental Policy Statement: http://henrico.gov/pdfs/risk/env_policy.pdf which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. Employees of the Successful Offeror must be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror http://henrico.gov/pdfs/risk/env_policy.pdf must immediately communicate any environmental concerns or incidents to the assigned

County Project Manager and the County Risk Manager.

P. Ethics in Public Contracting1

Contractor certifies that its 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 its 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.

Q. Insurance Requirements

The Successful Offeror shall maintain insurance to protect itself and the County…