RFP 9-2024 SCADA Upgrade & Support Services.pdf

TOWN OF FRONT ROYAL

PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL #09-2024

PROPOSAL DOCUMENT

INSTRUCTIONS TO OFFERORS, GENERAL

CONDITIONS, SPECIAL PROVISIONS AND

TECHNICAL SPECIFICATIONS, PROPOSAL FORM,

CONTRACT TERMS

FOR

SCADA UPGRADE & SUPPORT SERVICES

Plans Prepared by: Town of Front Royal

Purchasing Department

PO Box 1560

Front Royal, VA 22630

(540) 636-6889

Issued by: Michelle Campbell Date: April 30, 2024

Purchasing Manager

The Town of Front Royal is soliciting sealed proposals from qualified firms to provide SCADA support services on an as needed basis and SCADA upgrades. Any contract resulting from this RFP shall have a term limit of one (1) year and may be renewable for four (4) additional one-year terms at the option of the Town.

The award will be made to that Offeror(s) determined to be the most qualified and best value.

PROPOSAL SUBMISSION

Sealed proposals will be received in the Purchasing Department, 102 East Main Street, Front

Royal, Virginia until 11:00 AM, Tuesday, May 15, 2024, at which time and place the proposals will be opened and the names of the offerors will be read aloud. No disclosure of the contents of any proposals will be made during the evaluation process. Any proposals received after the announced date and time will not be considered.

Proposals shall be submitted to the following address:

Michelle Campbell

Purchasing Manager

P.O. Box 1560

102 E. Main Street

Front Royal, Virginia 22630.

Proposals may also be hand delivered by the scheduled date and time shown above to the

Purchasing Department, 102 E. Main Street, Front Royal. The outermost envelope for which a proposal is contained therein must be clearly marked “RFP #09-2024 SCADA UPGRADE &

SUPPORT SERVICES”. The Town of Front Royal is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. It is the sole responsibility of the Offeror to ensure this its proposal reaches the Town of Front Royal by the designated date and hour. Any electronic submittal (fax, email, etc.) will not be considered.

An RFP is used for procurement of services in situations where price is not the sole determining factor, and the award will be based on a combination of cost and technical factors (Best Value).

Through its proposal, the Offeror offers a solution to the objectives, problems, and needs specified in this RFP, and defines how it intends to meet (or exceed) the RFP requirements.

Proposals shall be valid for ninety (90) days following the opening date. No proposal may be withdrawn or changed during this period.

A request for a copy of the RFP does not commit the holder to submit a proposal.

All communication regarding this RFP shall be directed to the following contact:

Nathan Ruggles – Wastewater Treatment Plant Manager

Town of Front Royal

1100 Manassas Avenue

P.O. Box 1560

(540) 635-3733 nruggles@frontroyalva.com

Mr. Ruggles will provide all respondents with any information required to successfully prepare a response which will meet the Town’s needs.

Contact with other Town employees regarding this RFP is prohibited without prior consent.

Vendors that directly contact employees risk elimination.

Any revisions to the solicitation will be made only by addendum issued by the Purchasing Manager and will be posted on the Town of Front Royal website at www.frontroyalva.com and the state procurement website at www.eva.virginia.gov. No other notification will be made.

All costs of proposal preparation and presentation shall be borne by each Offeror. The Town of

Front Royal is not liable for any cost incurred by the Offeror prior to issuance of a contract.

Submittal of a proposal indicates acceptance by the proposer of the conditions contained in this request. The Town of Front Royal reserves the right to reject without prejudice any or all responses. The Town of Front Royal reserves the right to waive formalities and negotiate with any proposer. The Town of Front Royal reserves the right to amend the specifications of this

Request for Proposals and request new and/or updated proposals at any time prior to award of contract.

The Town shall select the best proposal based upon the evaluation criteria.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals.

The awarding authority for this contract is the Town of Front Royal. It is understood and agreed that the contract generated from this Proposal shall be subject to annual appropriations by the

Town of Front Royal Town Council. Should the Council fail to appropriate funds for the contract, the contract will be terminated when funds are exhausted. There shall be no penalty should the

Council fail to make annual appropriations for the contract.

The Town of Front Royal reserves the right to accept or reject any and all proposals; to waive informalities; to negotiate with the lowest qualified and/or best Offeror in order to stay within available budget funding; and/or to award the project as deemed in its judgment to be in the best interest of the Town of Front Royal.

All Offerors shall abide by all applicable State and Federal laws.

The Town of Front Royal does not discriminate against small and minority businesses.

mailto:nruggles@frontroyalva.com http://www.frontroyalva.com/ http://www.eva.virginia.gov/

DESCRIPTION OF PROPOSED SERVICES

1.0 PROJECT SUMMARY

1.1 Introduction – The Town of Front Royal is soliciting proposals comprised of two tasks: SCADA and PLC Support Services and a SCADA System Virtualization

Upgrade. According to the competitive selection process defined herein, both tasks will be awarded to a single consultant.

1.2 SCADA and PLC Support Services - The Town of Front Royal wishes to obtain

SCADA consulting services under a SCADA and PLC Support Services Agreement.

The Town intends to award a contract to a qualified firm in order to provide technical resources that will support the Town of Front Royal’s staff in undertaking control and graphics modifications, emergency support, and system maintenance related to Town-owned SCADA and PLC infrastructure. Assignments will be made at the sole discretion of the Town as the need arises.

1.3 SCADA System Virtualization Upgrade – The Town’s wastewater treatment plant

(WWTP) is extensively monitored and controlled via a SCADA system that entirely resides at the WWTP. The SCADA system is comprised of a fiberoptic network that connects the plant’s 12 main process buildings and more than 12 Programmable Logic

Controllers (PLCs), and 10 SCADA computers.

AVEVA/Wonderware System Platform serves as the basis for the plant’s HMI application with XLReporter utilized for automated reporting and WIN911 for remote alarm notification. The existing system architecture is comprised of a redundant pair of HMI servers, a historian, and eight HMI thick client view stations. These HMI applications, associated computers, network, and PLCs are all currently fully operational and in good condition.

To address cybersecurity vulnerabilities and expired computer hardware warranties, the Town desires to upgrade the SCADA system software and computer hardware and, through this project, change the SCADA system architecture from a traditional computing platform to a virtualized system using on-premise computing systems. A detailed scope of work follows.

2.0 SCOPE OF SERVICES

2.1 This Request for Proposal is intended to solicit consulting services to the Town’s SCADA and PLC support services, and other services as may be required.

2.2 SCADA and PLC Support Services:

2.2.1 Making graphics or control changes to the Owner’s SCADA or PLC systems.

2.2.2 Providing on-call emergency support for issues pertaining to SCADA and PLC systems.

2.2.3 Maintaining the SCADA and PLC systems with updated software and firmware as needed.

2.2.4 Assist in troubleshooting controls issues with facility staff.

2.2.5 Other related services may be requested by the Owner.

Work will be performed on an as needed basis under the terms of the Agreement.

2.3 SCADA System Virtualization Upgrade:

2.3.1 Consultant is responsible for the provision of all equipment, software and software licenses, labor, and expenses required to virtualize the Owner’s existing SCADA system, excluding only materials indicated herein as supplied by the Owner.

2.3.2 Preliminary Onsite Discovery – Prior to ordering equipment, perform site visits to assess the configuration of the existing SCADA system and collect all information necessary to confirm software and licensing, computing platform sizing, gain understanding of existing system network addressing and login credentials, and to coordinate location of new equipment and schedule with the plant’s operations staff and Owner’s IT department. Owner has administrative level login credentials, but Consultant is responsible for collecting all other system information through an onsite visit.

2.3.3 Software and Hardware Submittal – Compile and submit a bill of materials for the proposed hardware and software, complete with all quantities, descriptions, and part numbers. Include a VM budget to justify sizing of the computing platform along with the basis for the resources required for each software component. Materials may be ordered after Owner’s approval of this submittal.

2.3.4 SCADA/HMI Software - Purchase and install new AVEVA (“Wonderware”) software to upgrade existing AVEVA HMI software, Historian software, and PLC drivers to the latest versions. Alternate software applications are not permissible.

2.3.5 Remote Desktop Services (RDS) - Purchase and install new AVEVA RDS software to replace existing AVEVA thick client licenses. Ten (10) concurrent RD sessions shall be licensed, which accommodates the plant’s existing six panel-mounted industrial PCs (IPCs), one view station in the Operator’s Control Room, one view station in the Process Building Control Room, and two additional for secure remote access.

Existing IPCs are located in the influent pumping station, headworks building, septage receiving building, solids handling building, return pumping station 3, and in the ADT building.

2.3.6 Virtualized Hardware - Purchase, deliver, and install two (2) new rack-mounted servers and one high-availability storage array to function as the virtualized HMI application’s hardware platform. The proposed platform shall include a redundant pair of compute hosts, one redundant pair of DC power supplies per host, a RAID10 configuration of 12 TB of shared storage for the virtual configuration, the latest version of Windows Server Operating System for 8 virtual machines (VMs), Server CALs, RDS CALs, 7-year Dell Next Business Day onsite warranty, 3-year VMware support contract, and locking security bezels. This hardware requires a minimum of 5U of 19-inch rack space that shall be mounted in a floor-mounted, 19-inch rack-mounted network enclosure supplied by Owner. Sliding rails shall be supplied by the Consultant.

Computer hosts shall individually be sized to accommodate all VMs running concurrently while maintaining a CPU and RAM load less than 80%. The objective is to achieve 100-percent host redundancy with 20% room for expansion.

2.3.7 Uninterruptible Power Supplies (UPS) – Purchase, deliver, and install two (2) true online type, rack-mounted 2200 VA UPSs to provide backup power to the supplied servers, SANS, and SMS modem.

2.3.8 Server Configuration - Configure a redundant pair of VMs in the computer hosts to replace functionality of the existing SCADA1 and SCADA2 servers.

Virtualized system shall utilize the latest version of VMware ESXi in a hypervised configuration to virtualize the SCADA system, coupled with VCenter to facilitate management of the host servers, and VMotion to facilitate redundancy between the primary and secondary virtualized servers. Consultant shall fully-configure all supplied VMs, including the configuration of the VMware Hypervisor, Remote Desktop Services (RDS), and Active Directory.

2.3.9 Active Directory – Configure an AD for all SCADA authentication and configure users and all assets within AD. Utilize Windows-based authentication through the SCADA AD for authentication of all software applications. Secure user login sessions through AD configurations on a per-user basis.

2.3.10 Virtual Machines (VM) – Seven (7) virtual machines are proposed to virtualize the existing system configuration:

2.3.10.1 SCADA1 VM – Hosts the primary object server with associated PLC drivers and Historical collectors.

2.3.10.2 SCADA2 VM – Hosts the secondary object server with the associated PLC drivers and Historical collectors.

2.3.10.3 Historian VM – Hosts the SCADA Historian.

2.3.10.4 Galaxy and Development VM – Hosts the engine for the AVEVA HMI application and functions at the primary development node.

XLReporter reporting software and WIN911 dialer applications.

2.3.10.5 RD Session Host VM – Hosts the RDS application that serves graphics to the client computers and mobile devices.

2.3.10.6 Domain Name Server (DNS) for the SCADA Active Directory.

2.3.10.7 Maintenance VM to support PLC programming. Migrate Owner’s existing PLC programming software to the Maintenance VM, including transferal of associated licensing.

2.3.11 Thin Client Terminals - Two (2) new thin client terminals, each with an associated 27-inch monitor, keyboard, and mouse. Upon completion of this upgrade, one thin client terminal shall be installed in the process control building chief operator’s office and a second thin client terminal in the operator’s control room. Two view stations in the process building will no longer be necessary in this virtualized architecture; rather one thin client terminal using an RD session to the RD Session Host will suffice.

2.3.12 Industrial PCs – Configure existing IPCs to automatically establish an HMI RD session with the RD Session Host upon reboot. Apply Windows updates and associated feature changes necessary to securely authenticate to the RD Session Host from the existing IPCs.

2.3.13 Purchase, configure, and install new AVEVA licenses to replace existing AVEVA software functionality. Licensed tag counts and licensed features shall be preserved through this upgrade, i.e., existing software shall not be downgraded in any regard. Existing graphics shall be reused, excluding some graphics that require modification due to a change in the supplied software and change in architecture from a traditional to virtualized application, specifically the WIN911 and XLReporter portal screens, which shall be recreated by the Consultant.

2.3.14 Quality Control and Testing - Setup computers, install and configure all software, test, and debug programs, and repackage hardware for consultant’s hand-delivery to the project site. All shipping costs are the responsibility of the Consultant.

2.3.15 Onsite Labor – Perform a minimum of three, 5-day weeks of on-site labor to install the new server and thin client terminals, add existing IPCs to the SCADA domain, and configure existing IPCs to establish a secured remote desktop connection to the HMI terminal server. Run both new and existing SCADA systems in parallel for a demonstration period of 4 weeks without issue, then return to the project site, remove existing computers from service, and surrender removed equipment to Owner. Provide additional onsite time as necessary (and without limit) to provide a fully functional, fully debugged, and nuisance-free virtualized SCADA system.

2.3.16 Demonstration – Demonstrate to the Owner the following: host automatically restarts and starts all VMs and applications following a power outage, HMI applications operate and RD sessions remain connected when only a single SCADA server VM is running, SCADA1 and 2 operate in store-and-forward mode when Historian VM is unavailable, all WIN911 operating modes, restarting thin client terminals, that each compute host is capable of running all VMs concurrently with the redundant computer host offline, and that RAM and CPU usage remains below 80% when all VMs are running on a single compute host.

2.3.17 Training - Provide one hour of review with the Owner’s IT team on the final configuration and function of the virtualized application. Provide four (4) hours of instruction to the operations staff on the functionality of the latest version of the WIN911 software-based alarm notification program and minute differences in the way IPCs and thin client terminals connect to the new RD Session Host.

2.3.18 Reporting - Purchase, configure, and install an upgrade to SmartSights XLReporter, which is the reporting software currently used at the WWTP to generate reports. Existing reports will be migrated to utilize this latest version.

No new reports are required. Create a read only report portal that is integrated into the HMI application to simplify operator access to reports.

Report portal shall be accessible from the RD Session Host.

2.3.19 Remote Alarm Notification - Purchase, configure, and install an upgrade to the existing WIN911 software-based alarm notification program. Upgrade shall change WIN911 Pro to the latest version of WIN911, which is required to enable WIN911 to function in a virtualized environment. Alarm notifications shall continue to be via SMS/text messaging. Provide new SMS modem.

Rebuild the WIN911 application using alarm subscriptions to the HMI using alarm priorities. Utilizing WIN911’s conversion utility is not permissible.

2.4 Consultant’s Responsibilities

2.4.1 SCADA and PLC Support Services

The consultant shall provide all services to complete the tasks assigned to them, and when necessary, respond to emergency phone calls in a timely manner which may include nights, weekends, or holidays. Most of the work will be done remotely through an Owner-provided VPN (virtual private network). The consultant shall work with Owner personnel who will indicate system needs and assist in achieving the Owner’s desired scope of work. The consultant shall carefully consider the input by the Owner’s staff, but based on the consultant’s own experience and ability, shall be solely responsible for providing a complete and usable end product. Coordination of vendors may be required; however, any costs must be approved by the Owner in advance.

2.4.2 SCADA System Virtualization Project

It is expected that the consultant is fully qualified to perform the entire scope of work utilizing the internal staff whose qualifications and resumes are submitted with the consultant’s proposal. As such, the consultant shall utilize their internal staff to perform all work without the use of subcontractors. Substitutions of employees for submitted roles must be approved by the Owner before proceeding.

2.5 Owner Responsibilities

2.5.1 The Owner, at the consultant’s request, provides information and material on file that is pertinent to the work authorized. Staff will also be available to coordinate with the consultant.

2.5.2 Furnish and install a 19-inch network cabinet with at least 5U of space available for the installation of the Consultant-provided SCADA compute hosts and SANs. Owner will extend 120 VAC power and Ethernet to the network cabinet.

2.5.3 Furnish and install a 24-port Ethernet switch and connect to the existing SCADA local area network.

2.5.4 Furnish and install secure VPN access to the SCADA LAN to which the

SCADA server will be connected.

2.6 Authorization of Work

2.6.1 SCADA and PLC Support Services

The Owner will negotiate the scope of services with the selected Consultant prior to the authorization of an assignment. The method of payment under this

Contract shall be based on an approved Billing Rate schedule.

2.6.2 SCADA System Virtualization Upgrade

Method of payment on this Contract will be a lump sum fee.

2.7 Monthly Invoices

Itemized invoices are to be submitted monthly. Include a brief project report in bullet/outline format with each invoice.

3.0 PROPOSAL CONTENT AND FORMAT

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

Offerors shall submit written proposals, which present the Offeror’s qualifications and understanding of the work to be performed. The Offeror’s proposal should be prepared simply and economically, providing a straightforward and concise description of the capabilities to satisfy the requirements of the RFP. The Offeror should provide all the information which it considers pertinent to its qualifications for the project, and which responds to the scope of services and criteria listed herein. Emphasis should be placed on completeness and clarity of content. To assist in the evaluation process, Offerors should limit their responses to 30 pages, font size to be no smaller than 12. Each copy of the proposal should be bound into a single volume where practical. All documentation submitted with the proposal should be bound in a single volume.

Each consultant is invited to submit a proposal in written form to the Town of Front Royal, to include:

a. One (1) original, so marked, and four (4) copies of each proposal.

b. A digital version of the proposal in PDF or DOC format on a USB drive.

Proposals must be received by the time and date noted in the advertisement. Late proposals will be rejected. Proposals must include:

a. A cover letter introducing the firm, its relevant knowledge and experience, and an explanation of why it is qualified to perform the tasks required by this RFP.

b. The actual legal name of the proposing entity, its corporate form, its state of incorporation, the legal name of all parent entities, and the address of its principal place of business.

c. A listing of the consultant’s primary team personnel and qualifications, including all professional licenses and certifications.

d. A list of services that the consulting firm/team can provide.

e. A brief discussion on the general approach to project performance.

f. The consultant’s proposed rates for the SCADA and PLC Support Services and a lump sum fee for the SCADA System Virtualization work.

g. Three references, including email addresses and phone numbers, of clients previously or currently served by the consultant, preferably from municipal or governmental clients; and

h. Copies of signed originals of the Required Certifications.

By submitting a proposal, the proposer expressly agrees to the terms of the RFP documents, including any Addendums.

3.1 Qualifications

The Town of Front Royal

The consultant must demonstrate within their statement of qualifications that they have the staff (in-house) to meet the intent of the proposed contract. Documented satisfactory prior project experience with the Town of Front Royal is desired.

3.1.1 Team Qualifications

Include a list of your proposed key team members along with a brief statement of their background and experience. Resumes of only key team members who will be involved in the day-to-day assignments may be submitted. Limit resumes to one-two pages of relevant experience.

3.1.2 Firm Qualifications

Include a brief listing of representative projects with services provided.

3.2 Technical Approach

Understanding the scope of work is not fully defined at this time, please provide a brief statement that describes your general approach to undertaking the various potential services listed in Section 2.0 Scope of Services. Include a discussion on how your firm is able to start and complete assignments in a timely manner.

Virtual Oral Presentation:

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the Evaluation Committee. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. The Purchasing Manager will schedule the date and time of these presentations.

Oral presentations are an option; therefore, proposals should be complete. The oral presentation must be attended by the project manager and/or main project representative(s).

Clarification of Terms:

If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact, in writing, the Purchasing Manager, no later than five (5) working days before the due date. Revisions to the solicitation will only be made by addendum. The Town reserves the right to answer the questions in writing (to include email or fax) or by voice telephone and will supply the same information to all known prospective Offerors.

4.0 SCHEDULE AND LENGTH OF SERVICE

4.1 SCADA and PLC Support Services - It is anticipated that this hourly, not-to-exceed contract will commence on or about August 1, 2024, for a period of 12 months. At the Owner’s discretion, the contract may be renewed annually up to four (4) additional times for a maximum possible duration of five (5) years.

4.2 SCADA System Virtualization Upgrade – It is anticipated that this lump sum contract will commence on or about August 1, 2024, and be completed by March 31, 2025.

5.0 PROJECT BUDGET AND CONSULTANT FEES

5.1 SCADA and PLC Support Services - The consultant shall include a billing rate sheet for Year 1 of this contract. Billing rates shall be inclusive of all labor and overhead costs. Expenses may include mileage, lodging, and meals; but may not include airline flights. The support contract’s hourly not-to-exceed amount is anticipated to be $40,000 annually. Work will be approved based upon Owner-approved task orders and, as such, there is no guarantee that the entire not-to-exceed amount will be earned each year.

Unearned balances will not be carried over to succeeding years.

5.2 SCADA System Virtualization Project – Consultant shall submit a lump sum fee to provide the scope of work specified herein. All materials, labor, and expenses shall be included in the lump sum fee.

6.0 CONSULTANT SELECTION PROCESS

The Town of Front Royal will review the submitted proposals and will rate them based on the following criteria:

- Team’s Experience and Qualifications: 30 points.

- Technical Approach 25 points

- Cost 25 points

- References 15 points

- Financial Responsibility of Firm, Company staff, individual certifications, and company certifications 5 points

Maximum Score: 100 points

7.0 The consultant and any vendors agree that should it be awarded a contract it will not discriminate against any person who performs work under this contract because of age, race, color, sex, creed, sexual orientation, national origin, or disability.

8.0 The consultant expressly warrants the Town of Front Royal that it has the ability and expertise to perform its responsibilities under this contract, and in doing so will use the highest standards of professional workmanship.

9.0 By submitting a proposal, the proposer agrees to accept all the terms and conditions of the

RFP documents. Proposer agrees to complete all work in a timely manner as specified or indicated in the documents for the agreed upon scope and price.

10. The Town of Front Royal reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part if deemed to be in the best interest of the town to do so. Unsuccessful proposers may request an explanation of the reasons why an award was not made to them.

11. The Town of Front Royal reserves the right to reject any proposal if the information submitted by, or investigation of, such proposer fails to satisfy the Town that such proposer is properly qualified to carry out the obligations of the contract, that the proposer has the experience required to perform the contract (as determined by the Town in its sole discretion), and to complete the work contemplated therein. The Town of Front Royal further reserves the right to reject any proposal where the consultant’s references provide negative or equivocal information concerning the consultant’s previous performance.

12. The Town of Front Royal reserves the right to refuse to issue proposal documents or accept packets from proposers who have previously failed to complete contracts within the time frame required or have previously performed similar work in an unsatisfactory manner. A proposal may be rejected if the proposer cannot show that it has the necessary ability to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A proposal may be rejected if the proposer is already obligated for the performance of other work which would delay the commencement, performance, or completion of the work.

13. The successful consultant will be required to enter and sign an Agreement with the Town of

Front Royal (see attached “Contract for Services Sample” for an example (subject to change in the Town’s sole discretion)). This RFP and the responding proposal of the successful consultant will become part of the Agreement and will be in effect for the duration of the contract period. The contract language will control over any language contained within this

RFP that conflicts with the signed and fully executed contract.

14. No successful proposer to whom a contract is awarded shall assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title, and interest therein, including the performance of the contract or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the Town of Front Royal. In the event the proposer shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or its right, title and interest therein, including the performance of the contract, or the right to receive monies due or to become due, or its power to execute such contract to any other person or corporations, or upon receipt by the Town of Front Royal an attachment against the proposer, the Town shall be relieved and discharged from any and all liability and obligation under or arising from the contract with such proposer, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract to the fullest extent permitted by law.

15. Insurance and Indemnification.

COMPETITIVE NEGOTIATION

The procurement method is competitive negotiation as defined by the Virginia Public Procurement

Act; Section 2.2-4300 of the Code of Virginia (1950) as amended. This Request for Proposal indicates, in general terms, the nature of the program and services being sought. Each offeror is to submit the proposal that best suits the general needs of the Town.

The specific requirements for the contents of proposals are contained in the RFP. Offerors are encouraged to provide additional information not specifically identified as a requirement if that additional information enables the proposal to better suit the needs of the Town.

In order to procure the services that best suit the needs of the Town, the competitive negotiation process and evaluation criteria consider factors other than costs.

AWARDING OF CONTRACT

The award of a contract shall be determined at the sole discretion of the Town based upon evaluation of all information as the Town may request. The Town reserves the right to waive any informality in proposals submitted in response to this RFP when such waiver is in the best interest of the Town. The Town reserves the right to award multiple contracts for various services if deemed necessary. The successful firm(s) must be willing to enter into a general services contract with the Town.

The evaluation process shall be based upon the evaluation criteria stated in the Request for

Proposals. A selection committee representing the Department of Finance and the Purchasing

Office will review the proposals submitted.

Proprietary information from competing offerors shall not be disclosed to the public or to other competitors, provided that the offeror identifies such proprietary information and requests confidentiality as provided in Section 2.2-4342 of the Code of Virginia.

Negotiations shall be conducted beginning with the firm ranked first. If a contract satisfactory and advantageous to the Town can be negotiated at a price considered fair and reasonable, the award shall be made to the offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations shall then be conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price.

The Town reserves the right to reject any and all proposals submitted, and to waive any informality in the proposals. The rights are also reserved to award the contract where it appears to be in the best interest of the Town of Front Royal.

PUBLIC INSPECTION OF PROCUREMENT RECORDS

Proposals submitted shall be subject to public inspection in accordance with Section 2.2-4342 and

Section 2.2-3704 & 3705 of the Code of Virginia.

ETHICS IN PUBLIC CONTRACTING

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

INDEPENDENT CONTRACTOR

Service Provider understands and agrees that the relationship of service provider to the Town arising out of this Contract shall be that of independent contractor. It is understood that the Service

Provider, or its staff and employees, are not employees of the Town and are, therefore, not entitled to any benefits provided to employees of the Town. Service Provider shall be responsible for reporting and accounting for all State, Federal, Social Security, and local taxes where applicable.

NON-DISCRIMINATION

During the performance of this contract, the Service Provider agrees as follows:

a. The Service Provider 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 Service

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

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

The Town of Front Royal does not discriminate against faith-based organizations.

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 Service Provider agrees to provide a drug-free workplace for the Contractor’s employees; to 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; and state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace.

For the purpose of this paragraph, “drug-free workplace” means a site for the performance of work done in connection with the contract awarded to a Contractor in accordance with this procurement transaction.

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

LICENSES AND PERMITS

The Offeror agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity requested within this RFP; that it will procure all additional licenses, permits, or like permission required by law during the term of the Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of the

Contract.

INDEPENDENT CONTRACTOR

The Offeror understands and agrees that the relationship of the Offeror to the Town arising out of the Contract shall be that of the Independent Contractor. It is understood that the Offeror, or its staff and employees, are not employees of the Town and are, therefore, not entitled to any benefits.

The Offeror shall be responsible for reporting and accounting for all State, Federal, Social Security, and local taxes where applicable.

PAYMENT

To the Independent Contractor:

a. The Town shall promptly pay for the completed services or delivered goods described in the RFP by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five

(45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. In the event that the Town fails to make payment by the required payment date, the

Town shall pay any finance charges assessed by the supplier that shall not exceed one percent (1%) per month. Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is made.

b. Individual Independent Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a

Federal Employer Identification number, prior to receiving any payment from the Town.

c. Invoices for items ordered, delivered, and accepted shall be submitted by the

Independent Contractor via email to invoices@frontroyalva.com or directly to this payment:

Town of Front Royal

Accounts Payable

P.O. Box 1560

Front Royal, VA 22630

All invoices shall show the applicable Purchase Order number.

d. The Independent Contractor shall monthly furnish an invoice to the Town for services rendered that month. 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 Independent Contractor at the contract price, regardless of which Town department is being billed.

mailto:invoices@frontroyalva.com

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, Independent Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Town shall promptly notify the Independent Contractor in writing as to those charges which it considers unreasonable and the basis for the determination. An Independent

Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:

a. An Independent Contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Independent

Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the Independent

Contractor’s intention to withhold payment and the reason.

b. The Independent Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Independent Contractor that remain unpaid seven (7) days following receipt of payment from the Town, 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. An Independent Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

REPORTS

The Independent Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

SERVICES RENDERED

The Independent Contractor shall perform all services to be rendered pursuant to the Contract at the location specified above. The Independent Contractor agrees to maintain all facilities and equipment used by Independent Contractor under the Contract in clean, sanitary, and safe condition and free from defects of every kind.

TAXES

The Independent Contractor shall pay all County, Town, State and Federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be in addition to the Contract price between the Town of Front Royal and the Independent

Contractor, as the taxes shall be solely an obligation of the Independent Contractor and not the

Town, and the Town shall be held harmless for same by the Independent Contractor. The Town of Front Royal is exempt from State Sales Tax and Federal Excise Tax. A Tax Exemption

Certificate indicating the Town’s exempt status will be furnished by the Town of Front Royal upon request.

BUSINESS LICENSE REQUIREMENT

If a business is in the Town of Front Royal, it is unlawful to conduct or engage in that business without obtaining a business license.

COMPLIANCE WITH FEDERAL IMMIGRATION

The Contractor does not and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal

Immigration Reform and Control Act of 1986.

COMPLIANCE WITH STATE LAW

The Contractor shall comply with section 2.2-4311.2 of the Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the Commonwealth.

TERMINATION FOR CAUSE

This Contract may be terminated by the Town upon fifteen (15) days written notice to the Service

Provider to the address first named above in the event of substantial failure or default of the Service

Provider to perform in accordance with the terms hereof through no fault of the Town.

TERMINATION FOR CONVENIENCE

The obligation to provide further services under this Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The Service Provider shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which the Service Provider is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for convenience.

NOTICE

Any notice which is required to be given, or which may be given under this Contract, shall be sent to those mailing addresses noted in the first paragraph of this Contract.

NON-ASSIGNABILITY

Service Provider understands that this Contract is a contract with the personal services of Service

Provider and that it is made by the Town in reliance on Service Provider’s personal skills and knowledge in the activity to be conducted and as represented by Service Provider. Accordingly, this Contract is non-assignable by Service Provider without the express written advance permission of the Town.

INSURANCE

The Independent Contractor shall procure and maintain the general liability insurances shown below, with the Town named as Additional Insured, for protection from claims arising out of performance of services caused by negligent, reckless, or willful error, omission, or act for which the Independent Contractor is legally liable. The Independent Contractor shall deliver to the

Town, upon execution of the Contract, certificates of such insurance. Insurance shall provide coverage effective through the date of the end of the Project.

Comprehensive General Liability Insurance, naming the Town as Additional Insured

Automobile Liability, naming the Town as Additional Insured

Worker’s Compensation

AMOUNT OF INSURANCE REQUIRED

Comprehensive General Liability Insurance - $1,000,000 Minimum per Incident

Automobile Liability Insurance - $1,000,000 bodily injury and $1,000,000 property damage

Worker’s Compensation – As required by the Commonwealth of Virginia

INDEMNIFICATION

The Service Provider agrees to defend, indemnify, and hold harmless the Town for any and all actions, claims or disputes that may arise as a result of Service Provider’s negligence, any sub-contractor’s negligence and/or any joint negligence of the Town, Service Provider, or sub-contractor.

ENTIRE CONTRACT

This Contract constitutes the entire agreement between the parties pertaining to the subject matter of this Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of this Contract shall be effective unless made in writing and signed by both parties.

STANDARD OF CARE

Service Provider shall perform the services herein described expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the

Commonwealth of Virginia existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided.

ENFORCEMENT

This Contract shall be governed by the laws of the State of Virginia. Any action maintained by either party for the enforcement or interpretation of the terms of this Contract shall be filed in the courts of Warren County, Virginia.

INVITATION FOR BID QUOTATION FORM

Town of Front Royal Purchasing Department

Date: April 30, 2024

Title: IFB #09-2024 SCADA Upgrade & Support Services

Due prior to 11:00 A.M. Local Prevailing Time, Tuesday, May 15, 2024

LUMP SUM

A. SCADA System Virtualization Upgrade $

B. SCADA & PLC Support Services $

TOTAL BID

The undersigned bidder acknowledges receipt of the following Addenda, which have been considered in the preparation of this bid:

No_____________ Dated_______________ No_____________ Dated_______________

No_____________ Dated_______________ No_____________ Dated_______________

The Town of Front Royal reserves the right to reject any or all quotations submitted; to waive informalities; to purchase any part of the whole of the items listed unless otherwise stated on this form by the Vendor; to award the bid as deemed to be in the best interest of the Town; and to negotiate with the lowest responsive and responsible bidder to stay within available funding.

Quotes must be signed by someone having the authority to bind the individual or company.

Emailed or faxed quotes are not acceptable.

VENDOR

SIGNATURE

PRINT NAME

TITLE

DATE

TELEPHONE

THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED WITH

PROPOSAL.

In compliance with this Request for Proposal and to all the conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal.

LEGAL NAME & ADDRESS OF FIRM:

By:

Company’s Legal Name Authorized Representative - Signature in Ink

Printed Name:

Title:

Date:

Phone:

Email:

Fax:

In c o m p l i a n c e with this R FP, a n d subject to all the conditions thereof, the signatory offers, if this bid is accepted within ninety (90) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The above signature certifies the bidder has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of the firm named above.

THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor's Primary Contact:

Name: Phone:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Indicate below a listing of th ree (3) references for like jobs the Contractor has performed for a municipal government in Virginia immediately preceding this bid, including a contact person,…