RFP No. 25-2835-4JOK Henrico County PS Final.pdf

COMMONWEALTH OF VIRGINIA

County of Henrico

8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775 Phone: (804)501-5660

Version 4.21.25

DEPARTMENT OF FINANCE

Oscar Knott, CPP, CPPO, NIGP-CPP, VCO

Purchasing Director

RFP No. 25-2835-4JOK

April 30, 2025

Request for Proposal (“RFP”)

Tutoring and Independent Instruction Services and Other Related Services

Your firm is invited to submit a proposal to provide tutoring and independent instruction services and other related services in accordance with the enclosed Specifications and General Terms and Conditions.

Pursuant to Section 2.2-4304 of the Code of Virginia, this procurement is a cooperative procurement being conducted on behalf of Henrico County Public Schools, GovMVMT, and all states, local governments, school districts, and higher education institutions in the United States of America and other government agencies and nonprofit organizations (herein, “Participating Public Agencies”).

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 June 5, 2025 at 11:00 a.m., local prevailing time, 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.

A non-mandatory pre-proposal conference will be held on May 21, 2025, at 2:00 p.m., local prevailing time, virtually via a Microsoft Teams meeting. Offerors interested in attending should email Oscar Knott at kno008@henrico.gov to receive an electronic invite to the meeting. Offerors are strongly encouraged to attend the pre-proposal conference.

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 Oscar Knott at kno008@henrico.gov by no later than May 26, 2025.

Very truly yours, Oscar Knott, CPP, CPPO, NIGP-CPP, VCO

Purchasing Director about:blank mailto:kno008@henrico.gov http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/ mailto:kno008@henrico.gov

TABLE OF CONTENTS

I. Introduction

A. Intent and Purpose

B. Background

C. Objectives

D. GovMVMT Purchasing Cooperative

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. Assignment of Contract

D. Authorization to Transact Business in the Commonwealth

E. Award of the Contract

F. Changes to the Contract

G. Collusion

H. Compensation

I. Controlling Law and Venue

J. County License Requirement

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

L. Employment Discrimination by Contractor Prohibited

M. Employment of Unauthorized Aliens Prohibited

N. Environmental Management

O. Ethics in Public Contracting

P. Insurance Requirements

Q. Minority-, Woman-, Service Disabled Veteran-Owned, Small Business and Employment Services

Organizations

R. No Discrimination against Faith-Based Organizations

S. Nondiscrimination of Offeror

T. Occupational Safety & Health Policy Statement

U. Ownership of Deliverable and Related Products

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

W. Record Retention and Audits

X. Safety

Y. Severability

Z. Subcontracts

AA. Successful Offeror’s Performance

BB. Taxes

CC. Termination by County

DD. Testing and Inspection

IX. Special Contract Provisions

A. Conduct

B. Contract Period

C. Continuity of Services

D. Direct Contact with Students Certification

E. Federally Imposed Tariffs

F. Indemnification

G. License Agreement Addendum

H. Non-Exclusive Contract

I. Non-Professional Services Contract Format

J. Period of Performance of Purchase Orders

K. Tobacco-Free Requirement

L. 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 – Direct Contact with Students

ATTACHMENT G – Sample Contract

ATTACHMENT H – License Agreement Addendum

ATTACHMENT I – GovMVMT Documents

Section 1 – Representations and Covenants

EXHIBIT A QUESTIONNAIRE FOR NATIONAL CONSIDERATION

EXHIBIT B SUPPLIER RESPONSE

EXHIBIT C ADMINISTRATION AGREEMENT

EXHIBIT D MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING

AGREEMENT

EXHIBIT E LEAD PUBLIC AGENCY CERTIFICATE

EXHIBIT F FEDERAL FUNDS CONTRACT PROVISIONS

EXHIBIT G FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY)

RECOMMENDED CONTRACT PROVISIONS

EXHIBIT H NEW JERSEY BUSINESS COMPLIANCE

EXHIBIT I STATE NOTICE ADDENDUM

I. Introduction

A. Intent and Purpose

Henrico County Public Schools (“HCPS” and/or the “County”) (herein “Lead Public

Agency”) on behalf of itself, the GovMVMT Purchasing Cooperative (“GovMVMT”), the members of the Advisory Council, and the Participating Public Agencies, is soliciting proposals from qualified firms to enter into a Master Agreement(s) for a complete offering of in-person and/or virtual tutoring services, independent instruction services and other related services, to support elementary, middle, and high schools in a variety of subjects and grade levels. The result of the solicitation may result in an award to multiple Successful Offerors, also referred to as Suppliers.

B. Background

HCPS is the sixth largest school division in the Commonwealth of Virginia, located in the greater Richmond, Virginia metropolitan area, serving 50,000+ students who speak 120 languages and dialects, in 75 schools and program centers. HCPS serves a diverse community of more than 330,000 residents and its schools reflect the geographic and social diversity of

Henrico County. HCPS has a long history of academic excellence and opportunity and is recognized regularly as an education leader in the Richmond area, in Virginia and beyond.

HCPS’ Division of Learning plays a central role in shaping the educational experiences of all

HCPS students and focuses on innovation, collaboration and the development of each learner, and aims to prepare students for academic success and to become responsible, adaptable life-ready citizens. HCPS believes in the right to achieve and the support to succeed for all.

C. Objectives

Objectives of this Request for Proposal (“RFP”) are to:

1. Provide a comprehensive, competitively solicited contract(s) offering products and services to Participating Public Agencies.

2. Establish the contract(s) as a Successful Offeror’s primary offering to Participating

Public Agencies.

3. Achieve cost saving for the Successful Offeror(s) and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals.

4. Combine the volumes of Participating Public Agencies to achieve cost effective pricing.

5. Provide Participating Public Agencies with environmentally responsible products and services.

D. GovMVMT Purchasing Cooperative

1. General

GovMVMT assists Participating Public Agencies to reduce the cost of purchased goods and services through strategic sourcing that combines volumes and the purchasing powers of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public Agencies (“Lead Public Agencies”). The contracts provide for use by not only the respective Lead Public Agency, but also by other Participating Public

Agencies.

2. Innovative Government Services Association

Innovative Government Services Association (“IGSA”) is designed to provide best-in-class competitively bid contracts to public and nonprofit agencies. The founders have a long history of providing successful programs and services in these sectors and founded

IGSA to continue the non-profit mission of providing value-added programs and services while giving back to the communities that we live and work in.

GovMVMT is IGSA’s premier national cooperative purchasing program designed exclusively for public agencies and nonprofits.

3. Participating Public Agencies

The Successful Offeror(s) must communicate directly with any Participating Public

Agency concerning the placement of orders, issuance of a purchase order, contractual disputes, invoicing, payments, etc.

The Lead Public Agency is acting as the “Contracting Agency” for the Participating

Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency. Participating Public

Agency releases Lead Public Agency, GovMVMT, and any other Participating Public

Agencies, including their respective agents, directors, employees, or representatives from any acts, liabilities, damages, etc., incurred by Participating Public Agency.

Use of the Master Agreement by any Public Agency is preceded by their registration with

GovMVMT as a Participating Public Agency in the GovMVMT Purchasing Cooperative program.

Registration is accomplished by Public Agencies entering into a Master

Intergovernmental Cooperative Purchasing Agreement (“MICPA”). MICPA outlines the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements.

Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed in accordance with, and governed by, the laws of the state in which the

Participating Public Agency resides. A copy of MICPA is attached as Exhibit D of

GovMVMT Documents (Attachment I).

By using the Master Agreement, any such Participating Public Agency agrees that it is registered with GovMVMT, whether pursuant to the terms of the MICPA or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between

Supplier and the Lead Public Agency will be the same as those available to Participating

Public Agencies through GovMVMT.

4. Estimated Volume

The estimated dollar volume of products and services purchased under the proposed

Master Agreement is $100,000,000 dollars annually at contract maturity. While no minimum volume is guaranteed to the Successful Offeror(s), the estimated volume is based on the current annual volumes of the Lead Public Agency and other Participating

Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through GovMVMT as well as through volume growth into other

Public Agencies employing a coordinated marketing approach between the Successful

Offeror(s) and GovMVMT.

5. Marketing Support

GovMVMT provides marketing support for each Successful Offeror’s products and services through the following:

a. Sales and marketing personnel that directly promote GovMVMT suppliers to

Participating Public Agencies through public agency meetings, webinars, direct mail, email, online and print advertising, social medial, articles, and exhibiting and presenting at national and local trade shows.

b. GovMVMT provides the Successful Offeror(s) government sales training, and a host of online marketing and sales management tools to effectively increase sales through

GovMVMT.

6. Multiple Awards

Multiple awards may be made as a result of this solicitation. Multiple awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.

The Lead Public Agency reserves the right to award the contract locally and/or nationally in the aggregate, by section, multiple awards, primary, secondary, and tertiary, whichever is in the best interest of the Lead Public Agency and Participating Public Agencies because of this solicitation.

7. Evaluation of Proposals

Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices.

Other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Offeror(s) whose response(s) affirmatively meets the requirements of this

RFP and provides the best overall value will be eligible for a contract award.

GovMVMT reserves the right to make available or not make available Master

Agreements awarded by the Lead Public Agency to Participating Public Agencies.

II. Scope of Services

The Successful Offeror(s) shall provide in-person and/or virtual tutoring services, independent instruction services, and other related services, to support elementary, middle, and high school students, along with exceptional education students and students with disabilities, in a variety of subjects, including but not limited to, English, Language Arts, Math, Science, Social Studies, etc.

Additionally, the Successful Offeror(s) may provide targeted intervention academic support, and after school, weekend, or summer academic support. Any reference to “district(s)” means any applicable school district, including HCPS.

A. Tutoring

1. In-Person Tutoring Requirements

The Successful Offeror(s) shall:

a. Provide in-person tutoring services, for all academic tiers (Tiers I, II, and III), during regular school hours, after school, evenings, weekends and during select school breaks (e.g., winter break, spring break, summer break) as requested and required.

b. Coordinate with district staff to identify specific needs for tutoring services, including delivery of evidence-based interventions and interpreting various student testing reports and work examples.

c. Conduct individual assessments of students to determine their current level through pre- and post-assessments as well as interval progress monitoring according to adopted intervention programs to obtain data to pinpoint areas that a student needs improvement, and provide assessment data to the district upon request.

d. Follow district adopted Tier II and Tier III intervention program lessons or develop tutoring lessons to meet individual student needs based on their pre-assessment.

e. Collaborate with district staff to align tutoring services with classroom instruction to align instructional outcomes and develop a coordinated plan for student growth.

f. Utilize district adopted intervention program materials or provide instructional tutoring materials that have been reviewed and recommended by the appropriate state’s education department or other governing entity.

g. Provide tutoring services in various languages, including, but not limited to English, Spanish, Arabic, etc.

h. Provide tutors ready to report for assignment within 10 business days of request from district staff.

2. Virtual Tutoring Requirements

a. General Requirements

The Successful Offeror(s) shall:

1. Provide virtual tutoring services, for all academic tiers (Tiers I, II, and III), through an online web portal, chat video conferencing, interactive whiteboard, phone or other resources as needed.

2. Provide virtual tutoring services during regular school hours, after school, evenings, weekends and during select school breaks (e.g., winter break, spring break, summer break) as requested and required.

3. Coordinate with district staff to identify specific needs for tutoring services, including interpreting various student testing reports and work examples.

4. Conduct individual assessments of students to determine their current level through pre- and post-assessments to obtain data to pinpoint areas that a student needs improvement and provide assessment data to the district upon request.

5. Develop tutoring lessons to meet individual student needs based on their pre-assessment.

6. Collaborate with district staff to align tutoring services with classroom instruction to align instructional outcomes and develop a coordinated plan for student growth.

7. Provide instructional materials that have been reviewed and recommended by the appropriate state’s education department or other governing entity .

8. Provide virtual tutoring services in various languages, including, but not limited to English, Spanish, Arabic, etc.

9. Provide 24/7 drop-in and on-demand tutoring for all subjects and grade levels.

10. Provide essay review services with no more than 24-hour response/wait time for feedback to students.

11. Provide exam preparation materials and videos of sample problems that students can review and replay as often as needed.

b. Online Web Portal Requirements

The Successful Offeror’s online web portal for providing virtual tutoring services shall:

1. Be compatible and provide a consistent experience for all users when accessing through Windows, iOS, and Android operating systems.

2. Be compatible with multiple web browsers, including but not limited to

Microsoft Edge, Chrome and Safari.

3. Be accessible through mobile devices, including phones and tablets, and compatible with iOS and Android devices.

4. Be accessible 24 hours a day, seven days a week, with the exception to regularly scheduled maintenance and/or updates.

5. Include the ability for sessions to be recorded and archived, and if requested, generate transcripts including all interactions between the tutor and student for the purpose of ensuring a safe and secure environment for students.

6. Allow students to access past/archived tutoring sessions.

7. Limit the student service usage according to district requirements (e.g., use only

X hours or service or be allowed X number of essays).

8. Facilitate access and communication among students and tutors by allowing students to submit questions for responses from tutors and schedule future tutoring sessions.

9. Allow for scheduling of individual and small group tutoring sessions.

10. Manage schedule conflicts, cancellations and reschedule sessions.

11. Allow students to give ratings and/or feedback at the end of each tutoring session and share tutor ratings with the district to evaluate program effectiveness.

12. Include the ability to set processes/thresholds to alert district staff to follow up with struggling students, when needed.

13. Include reports and data dashboards available to district staff.

14. Include embedded tools to facilitate learning, such as inking and/or free-draw images/text, text editor, graphing calculator, chat/messaging, file sharing, and the ability to print.

15. Support the needs of students with disabilities (e.g., voice tools, screen reader software, etc.) an be compliant with the Americans with Disabilities Act.

16. Support the upload and sharing of documents and images in multiple formats, including but not limited to .pdf, MS Word, MS Excel, JPEG, text files, etc.

3. Tutoring Assignments

a. Provide tutor candidate qualification information, and any other information required by the district, for approval by the district prior to the tutor commencing services.

Districts have the right, at any time, to refuse or determine unacceptable any tutor candidate proposed by the Successful Offeror(s) and request a replacement tutor candidate.

b. Not schedule tutors for more than 40 hours per week unless written approval has been provided by the district.

c. Maintain a process for monitoring allocated number of tutoring hours performed by each tutor.

d. Ensure tutors arrive on time and are ready to begin their assignment at the schedule start time.

B. Independent Instruction Requirements

The Successful Offeror(s) shall provide independent instruction services, including but not limited to online courses, in-person classroom instruction, virtual classroom instruction, individualized learning plans, etc.

1. In-Person and Virtual Classroom Instruction

The Successful Offeror(s) shall:

a. Provide in-person and virtual classroom instruction to include instructional planning, formative and summative assessment, classroom management, parent communication, demonstration of student academic progress, and periodic parent conferences, as required.

b. Collaborate with the district to combat the national teacher shortage crisis by placing qualified instructors in classrooms.

c. Recruit and screen teacher candidates thoroughly to maximize student outcomes and provide a pipeline for future district employment to the district.

d. Provide teachers that have completed the necessary college coursework and test prep to be eligible for district employment with a provisional license the following school year.

e. Provide the Successful Offeror’s teachers with training, observe classroom instruction and share feedback for professional development, and provide related performance data with district personnel on a regular basis.

2. Independent Instruction Teacher Assignments

a. Provide teacher candidate qualification information, and any other information required by the district, for approval by the district prior to independent instruction service commencing. Districts have the right, at any time, to refuse or determine unacceptable any teacher candidate proposed by the Successful Offeror(s) and request a replacement teacher candidate.

b. Not schedule teachers for more than 40 hours per week unless written approval has been provided by the district.

c. Ensure teachers arrive on time and are ready to begin their assignment at the schedule start time.

C. Other Related Services

The Successful Offeror(s) may provide any other proposed related services available. The use of other proposed related services shall be independent and not require the inclusion of the aforementioned tutoring and independent instruction services.

D. Other General Requirements

1. Provide a primary point of contact for in-person tutoring services.

2. Provide a primary point of contact for virtual tutoring services and online web portal support.

3. Provide a primary point of contact for independent instruction services.

4. Provide a primary point of contact for any other proposed related services.

5. Provide support to the online web portal, including troubleshooting issues, responding to help desk tickets, integration issues, and overall client support, before, after and/or during regular school hours throughout the school year between 7:00 a.m. and 10:00 p.m.

Eastern Time.

6. In addition to phone calls, provide support to the online web portal through chat and/or email-based customer service and technical support before, after and/or during regular school hours throughout the school year between 7:00 a.m. and 10:00 p.m. Eastern Time.

7. Provide online and on-demand access to usage reports, student reports and student archives of tutoring sessions in a downloadable format, using a secure and automated process.

8. Provide individual schools online and on-demand access to usage reports, student reports and student archives of tutoring sessions in a downloadable format, using a secure and automated process, for the particular individual school.

9. Track student participation and engagement in the tutoring sessions, and if requested, provide a report to the district indicating the level of participation and engagement by an individual student.

10. Provide regular updates in the form of reports and meeting with district staff about the progress of a student.

11. Provide student parents/guardians with quarterly progress reports, and upon request by the district, make these progress reports available to the district.

12. Obtain and follow procedures and rules of each individual school where services are provided, including but not limited to signing in and out, supervision of students, and following appropriate personnel dress code.

13. Establish a process with the district and/or individual school locations, for tutors to follow to report absences, changes in schedules, and/or cancellation of tutoring sessions, initiated by both the student and the tutor.

14. Establish a process with the district and/or individual school locations, for independent instruction teachers to report absences, changes in schedule, etc.

15. Provide attendance and report absentee reports to the district within 72 hours.

16. Provide marketing support and materials to individual schools to aid in the encouragement of families and students to access tutoring services when determined needed by the district.

17. Allow for specific tutors to be requested by students, parents/guardians, and/or the school, if desired.

E. Compliance

1. Comply with all applicable laws, including but not limited to: the Family Education

Rights and Privacy Act, the Health Insurance Portability and Accountability Act, the

Americans with Disabilities Act, and student and data privacy requirements.

2. Provide tutors that comply with all applicable laws, including but not limited to: the

Family Education Rights and Privacy Act, the Health Insurance Portability and

Accountability Act, the Americans with Disabilities Act, and student and data privacy requirements.

3. If available, provide tutors and teachers that have active teaching licenses.

F. Invoicing

The Successful Offeror(s) shall provide itemized invoices, in accordance with the contracted rates, by the 5th of each month, for services provided during the previous month. Invoices lacking detailed information may be returned unprocessed. Additionally, charges for sick days, vacation days, personal days or holidays are not permissible. A contact for invoice submission will be provided to the Successful Offeror(s) upon contract award or at the time of a service assignment. The Successful Offeror(s) shall not bill for cancelled scheduled assignments if 48-hours’ notice has been provided by HCPS.

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 April 30, 2025

Pre-proposal Conference 2:00 p.m. on May 21, 2025

Questions Due by May 26, 2025

Receive Written Proposals by 11:00 a.m. on June 5, 2025

Conduct Oral Interviews with Offerors June / July 2025

Negotiations Completed July / August 2025

Award Contract August 2025

Services Begin August / September 2025

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 May 26, 2025. 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. Direct Contact with Students – Attachment F

g. GovMVMT Documents – Attachment I (specifically Exhibits A through I)

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 J(3), J(4) and J(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, Qualifications, and Resumes

In this tab, offerors shall demonstrate the offeror’s, and their staff’s, experience and qualifications for providing services of similar size and nature to those described in

Section II of this RFP. Submit current resumes of key staff and any known staff that will be providing the services to HCPS. Offerors should provide, at a minimum, documentation demonstrating that they are regularly engaged in the requested services for no less than five years. Offerors should provide experience, qualifications and resume documentation that demonstrates:

a. A robust instructional team consisting of former superintendents, chief academic officers, chiefs of staff, chief of schools, turnaround school specialists, principals, etc.

to help provide academic alignment to state standards, instructional design of partnership to help facilitate the best student outcomes, along with professional development and coaching to help support tutors in all programs to ensure the best student outcomes on the ground in classrooms.

b. A robust data team led by former K-12 leaders and teams to help analyze data and student trends to report performance of partnership to schools as well as informing schools of trends influencing how to pivot and/or add additional support and resources.

c. An industry leading recruitment team and resources that add 7-day recruitment bandwidth along with the most cutting-edge recruiting tools in the market that achieve a 98% fill rate of positions needed.

d. A team of SPED/EC tutors and teachers that have the expertise in providing instructional services to students.

Finally, offerors should provide evidence of the financial stability of the Offeror.

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 being solicited by this RFP and demonstrate their compliance with the requirements in the Scope of Services. Additionally, if applicable, Offerors should provide detailed information about any services offered in addition to the requested scope of services being solicited by this RFP.

7. Tab 6 – Pricing / Cost Proposal

In this tab, offerors shall submit fees/pricing to complete the services as requested in this

RFP. Minimally, offerors should submit hourly rates for in-person and virtual tutoring services, hourly rates for independent instruction services, hourly rates for educational interventionists, and any additional fees for bilingual/multilingual tutors, teachers and interventionists. Offerors are encouraged to submit any fees/pricing that demonstrates their complete service offering. Offerors may not propose a cost plus a percentage of cost contract pricing arrangement.

8. (if needed) Tab 7 – 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.

9. (if needed) Tab 8 – Assumptions

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

10. (if needed) Tab 9 – Appendices

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

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

Experience, Qualifications and Resumes

(In accordance with Section VI, Item B(5), this criterion considers the offeror’s, and staff’s overall experience and qualifications relative to the services solicited by this RFP as specified in Section II. Additionally, in accordance with Section VI, Item B(4), this criterion considers the Offeror’s default, termination and barred status.)

National Program Compliance

(In accordance with Section VI, Item B(2)(g), this criterion considers the

Offeror’s understanding and acceptance of the Supplier Commitments for

National Program Consideration within Attachment I, Exhibits A through I.)

Functional Requirements

(In accordance with Section VI, Items B(3), B(6), B(8), and B(9), this criterion considers the extent to which the Offeror’s proposal complies with the functional requirements requested relative to the services solicited by this RFP as specified in Section II.)

Service Approach and Methodology

(In accordance with Section VI, Items B(6), B(8) and B(9), this criterion considers the Offeror’s proposed approach and methodology to fulfill the services as requested by this RFP as specified in Section II. Additionally, this criterion considers any additional services above and beyond the services specified in Section II, proposed by the Offeror.)

Price

(In accordance with Section VI, Item B(7), 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 Presentations

(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. The County reserves the rights to award this contract to multiple

Offerors.

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. 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.

D. 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.

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

E. 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/.

F. 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.

G. 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.)

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.

H. Compensation

A. 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.

B. 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.

I. 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.

http://henrico.gov/finance/divisions/purchasing/ https://www.paymode.com/henricocounty

J. 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.