RFP Security and Fire and Sprinkler 3.27.26_JAB edits.pdf

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Town of Abingdon Virginia

REQUEST FOR PROPOSALS

Fire and Security Alarm System Services

Abingdon, VA 24210

Proposal Release: Friday, March 27, 2026

Mandatory Pre-Bid Meeting: Tuesday, April 7, 2026 at 8:00 am

Proposal Due Date: Tuesday, April 14, 2026 at 2:00 pm

Courier or In-person Delivery Address:

Jamie Barker Town of Abingdon

299 Kings Mountain Drive Abingdon, Virginia 24210

Electronic Submission https://eva.virginia.gov/ (select project posting)

(Paper copy still required to be submitted by due date and time)

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 11-35.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by law relating to discrimination in employment.

https://eva.virginia.gov/

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TABLE OF CONTENTS

Contents Page

PROJECT DESCRIPTION

SCOPE OF WORK

QUALIFICATIONS AND REQUIREMENTS

SELECTION PROCESS

FUNDING

PAYMENT CRITERIA

TAX EXEMPT

CONTRACT

INSURANCE

EVALUATION CRITERIA

PRE-BID MEETING AND SIGHT VISITS

SUBMISSIONS AND DEADLINES

BID FORM

EXHIBIT A

BID ITEMS

CIVIL RIGHTS

PROPRIETARY AND CONFIDENTIAL INFORMATION

ATTACHMENT A. PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION FORM

ATTACHMENT B. STATE CORPORATION COMMISSION (SCC) FORM

ATTACHMENT C. NON-COLLUSION AFFIDAVIT

ATTACHMENT D. NOTICE OF EXCEPTIONS

AGREEMENT (SAMPLE)

NOTICE OF AWARD

NOTICE TO PROCEED

GENERAL TERMS AND CONDITIONS

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Fire and Security Alarm System Services

PROJECT DESCRIPTION

The Town of Abingdon Virginia invites proposals for the Fire and Security Alarm Monitoring, Maintenance and Repair in accordance with the most recent standards set forth by the National Fire Protection Agency (NFPA 72) and the Town of Abingdon Fire Department Fire Prevention Standards.

SCOPE OF WORK

The purpose of this contract is to provide Fire and Security Alarm Monitoring, Maintenance and Repair. The selected vendor is required to examine carefully the sites and the proposal, specifications and contract forms for the work contemplated, and it will be assumed that the proposer has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract.

A. Repair and Installation service, including periodic inspections and tests required to always keep the fire and intrusion alarm system and its component parts in an operative condition, and the replacement of the system or its components when they become undependable or inoperable for any reason.

B. The selected vendor shall provide or furnish all the materials, equipment, appliances, services and labor necessary to perform the required services.

C. Service Provider shall maintain the alarm systems and associated equipment in good operating condition in accordance with manufacturer's specifications and in a fashion that maximize performance, safety, and life span of the area and equipment:

D. Service Provider shall provide all work and materials as described in this Scope of Services, which shall include all labor, transportation, supplies, materials, parts, tools, scaffolding, machinery, hoists, employee safety equipment, equipment, lubricants, supervision, applicable taxes, and all other work and materials required under this Agreement. All work shall be done in a first class, complete and clean workmanlike manner, conforming to best industry practices, and in conformance with all applicable original manufacturer's specifications. Service Provider shall facilitate proactive preventive maintenance, maximize equipment life and maximize beneficial usage of the elevator equipment covered by this Agreement.

E. Service Provider shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with services and shall comply with all applicable safety laws, good industry standards, and take all reasonable precautions for safety of the public, property tenants, and employees, Town employees, and other persons on or about the property site.

F. “Monitoring and Fire Servicing" shall mean regular full service maintenance and repairs of a fire suppression system and monitoring including: inspections; adjustments and maintenance of the monitoring devices, including repair and replacement of components and equipment; maintenance of schedules and records; stocking of materials; and housekeeping, as defined below, to ensure an fire suppression system is functioning in good working order and meets all industry standards and manufacturer's specifications.

G. Service Provider will service equipment described in this Scope on a regularly scheduled basis. These services will be performed during normal working days and hours, which are defined as Monday through Friday, 7:00 a.m. to 5:00 p.m. (except scheduled holidays). All work performed before or after normal business workdays and hours shall be considered "after hours:"

H. Service Provider shall provide competent, licensed, and qualified service people on site, in a timely manner, fully equipped with all tools and parts necessary to maintain and repair the specified unit(s).

All work shall be performed by skilled personnel, mechanics and apprentices/helpers directly employed and supervised by the Service Provider. Only qualified journeymen shall be allowed to perform service or maintenance work. Apprentices and helpers must work under the direct supervision of a journeyman mechanic. All service calls will be addressed within four (4) hours of the call on the same day at the normal hourly rate.

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I. Service Provider's service personnel shall wear uniforms which bear Service Provider's name or other appropriate symbol which identifies them as employees of the Service Provider and such uniforms shall be clean and in good condition. Service Provider's personnel shall have available, photo identification that confirms their current employment with the Service Provider.

J. Monitoring and Fire Service - Fire System- Consist of Inspections, Testing and Studies mandated by the National Fire Protection Administration and the State Fire Marshal Codes, which are regulated and enforced by our local Town of Abingdon Fire Chief.

K. The selected vendor shall conduct semiannual fire and burglar alarm system inspections.

L. Provide On-call Service & Repairs with a 4-hour response time (Time Hr. Rate) M. All inspection, testing and maintenance shall be performed as described in this specification. The provisions of the State of Virginia Uniform Fire Code and NFPA 72, most current edition, shall govern the operation, maintenance and testing of all existing fire protection systems, devices, units and fire safety equipment and are incorporated herein.

N. Should the selected vendor determine that, at any time, the existing conditions require modifications, they shall promptly report such matters to the designated Town of Abingdon representative for consideration and decision.

O. During the period of the contract or any extension thereof, the Town of Abingdon reserves the right to add or delete specific services and/or locations at the prevailing contract prices. Selected vendor will be given seven (7) days’ notice to implement requested change.

P. Must provide and digital communications link (text) to TOA Representative for all trouble alarms.

Q. See Exhibit A, Fire & Security Alarm System Locations, for a list of all Town of Abingdon owned locations where

Services may be needed.

QUALIFICATIONS AND REQUIREMENTS

1. The Town of Abingdon encourages DBE/MBE/SWM businesses to participate in the proposal process and/or as a subcontractor for a selected vendor submitting for this contract. DBE/MBE/SWM participating in the contract must perform a commercially useful function, as defined in 49 CFR Section 26.55, by being independently responsible for the execution of a distinct element of the work and carrying out its responsibilities by performing, managing and supervising the work involved. To perform a commercially useful function, the DBE/MBE/SWM must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

2. The selected vendor shall be a Class A registered General Contractor in the Commonwealth of Virginia for a minimum of five (5) years under the same business name and shall be registered under the established regulations as established and revised by the Virginia Board of Contractors, Department of Professional and Occupational Regulations.

3. The selected vendor shall be a Virginia Fire Alarm Systems (FAS) Contractor in the Commonwealth of Virginia under the same business name.

4. The selected vendor shall be a Virginia Department of Criminal Justice Services Security Technician in the Commonwealth of Virginia under the same business name.

5. The selected vendor shall obtain a Town of Abingdon Issued Business License if they do not have one, after the agreement is awarded.

6. The selected vendor shall provide all labor, materials, insurance, bonds, transportation, etc. and obtain all necessary licenses and/or permits required to fully support and perform this maintenance contract.

7. The selected vendor shall have sufficient office staff that is responsible for providing contact for the Town of Abingdon and to provide clerical support to the selected vendor.

8. The selected vendor shall assign a primary point of contact and a secondary point of contact who are available from 7:00 am – 5:00 pm on weekdays.

9. The selected vendor shall assign a primary point of contact and a secondary point of contact who are available after hours and weekends for emergency needs.

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10. The selected vendor shall have an estimator that can provide job estimates within 48 hours of a site visit.

The estimates shall be computer based detailed estimates defining material lists and labor hours based on the rates defined in the contract and the software application shall be compatible with Microsoft Office. The selected vendor shall be capable of e-mailing the estimates to the Town’s Representative.

11. The selected vendor shall be able to provide for all types of general maintenance work requiring more than one trade. Single trade work may be contracted by the Commission separate from this contract.

12. The selected vendor shall provide a project schedule when requested by the Town.

13. The selected vendor shall perform all work in accordance with the standards and practices applicable to the trades with personnel certified in the trades.

14. The selected vendor shall adhere to all applicable state and federal codes including the Virginia Uniform

Statewide Building Code and the Virginia Department of Labor and Industry Standards for job safety.

15. The selected vendor shall be financially sound and capable of carrying the cost of materials and labor.

The selected vendor shall meet all employee payrolls in a timely manner.

16. The selected vendor shall have a substantial completion date and a final completion date on all work.

The selected vendor will be assessed for actual damages for failure to meet final completion dates due to labor or material issues not the fault of the Town.

17. The selected vendor shall co-ordinate all work of the trades on a project and provide on-site supervision of all trades.

SELECTION PROCESS

In accordance with Section 2.2-4301 of the Code of Virginia, and Chapter 2, Article V, Section 2-191 of the Abingdon Municipal Code, the Town will choose a contractor through competitive sealed bids. In order of preference, two or more offeror’s whose professional qualification, proposed services and posted bid are deemed most in line with the Town’s needs. Negotiations shall then be conducted beginning with the offeror 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 that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations with the offeror ranked second, and so on, shall be undertaken until a fair and reasonable price is agreed upon. Should the Town determine in writing and in its sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. The selection committee will make its recommendation to the Town Council for final approval.

The criteria for evaluating the proposals submitted is estimated to take the following items into consideration:

• Vendor Experience

• Ability to meet the monitoring and response needs of the Town

The Town reserves the right not to be bound by the above criteria in selecting or choosing not to select. The order of the above items is not indicative of their priority or lack thereof. THE TOWN RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OR ANY PART OF ANY PROPOSAL, WAIVE INFORMALITIES AND AWARD THE CONTRACT TO BEST SERVE THE INTERESTS

OF THE TOWN.

FUNDING

Funding for the requested nonprofessional services will be from the General Fund of the Town of Abingdon. The Town staff will work with the contractor providing necessary background information and work schedule that may be needed in the performance of the operation. The contract for construction services will be based on the agreed bid schedule.

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PAYMENT CRITERIA

Payments will be made upon invoice after completion or acceptance of work. Invoices may be submitted every thirty (30) days. Submit invoices to Matthew Henderson at mhenderson@abingdon-va.gov.

TAX EXEMPT

The Town of Abingdon does not pay Sales and Use Tax on direct purchases of tangible, personal property for use or consumption by a political subdivision of the Commonwealth of Virginia. The tax exemption number is provided on the Town’s official purchase order.

CONTRACT

The resulting contract shall be for one (1) year from the date of the agreement and may be renewed by the Town of Abingdon for a period of four (4) successive one-year periods under the terms and conditions of the original contract.

Written notice of the Town’s intention to renew should be provided approximately 90 days prior to the expiration date of each contract period.

If, during the contract period, the selected vendor disposes or merges with another vendor then the Town of Abingdon shall be notified and reserves the right to terminate the existing contract or extend the contract with the new vendor for remainder of the contract service period. A new contract may be negotiated prior to the expiration of the existing contact.

INSURANCE

The contractor must maintain, as a minimum, the following insurance policies at the time the work commences and maintain those or greater coverage during the entire term of the contract. The contractor shall purchase and maintain at all times such insurance as will protect it and the Commission (as additional Insured, except for Workers’ Compensation) from claims resulting from the contractor’s operations under the resulting contract, whether such operations be by the contractor or by any subcontractor or by anyone directly or indirectly employed by any of the subcontractors, or by anyone for whose acts any of them may be liable:

• Workers’ Compensation in statutory amounts

• Commercial General Liability in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate

• Auto Liability Insurance in an amount not less than $1,000,000 per occurrence

• Excess liability insurance in the minimum amount of five Million Dollars $5,000,000. The Town of

Abingdon shall be named as an additional insured thereon.

Certificates of Insurance acceptable to the Town shall be filed with the Town on prior to commencement of any services as outlined in this Request for Proposals and kept current thereafter. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled or terminated without at least thirty (30) days prior written notice to the Town.

mailto:mhenderson@abingdon-va.gov

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EVALUATION CRITERIA

The Partnership will utilize a selection committee to review all proposals for services including checking references as appropriate in evaluating the qualifications of responding firms.

The following criteria will be used to evaluate proposals, not necessarily listed in the order of importance, and will be used to evaluate the response to this RFP:

Experience Demonstrated qualifications and capacity of the Offeror. This will include: 20 pts.

Years in business, service capabilities and experience of the firm in providing.

the requested services for public governmental entities. Verification of positive references with other clients will be considered in the evaluation process.

Familiarity Demonstrated understanding, approach and explanation of the services offered 20 pts.

as it relates to the desired outcomes as outlined in the scope of services and the experience to perform.

Resources Demonstrated capabilities of the Offeror. This will include proactive business, 20 pts.

practices and philosophies of Offeror to ensure the Offeror has the ability to perform, and that the Offeror can complete the tasks within a reasonable timeframe.

Workload Describe the current workload of the key personnel proposed for the project. 10 pts Explain the use of personnel, time, meetings and reports.

Execution Method and plan outlining how the requirements contained in this proposal 15 pts.

will be met.

Completion Projected time frame, from beginning to a prompt completion date 10 pts.

Intangibles 5 pts

PRE-BID MEETING AND SIGHT VISITS

A mandatory pre-bid meeting will be scheduled on Tuesday, April 7. 2026 starting at 8:00 am. All potential bidders or their representatives will meet at the Public Works Building located at 299 Kings Mountain Dr, Abingdon, VA 24211. This meeting will last as long as required to visit all the sites listed. No additional site visits will be scheduled.

SUBMISSIONS AND DEADLINES

Fully responsive proposals will contain the following information:

A. Responsible Party

a. Include the name and address of the Offeror, the name and the phone number of the individual or individuals responsible for the Proposal who may be contacted in the event of questions or notification, and the location of the office, if other than that shown, at which the services to be provided hereunder will be performed.

B. Offeror Information, Personnel, Personnel Experience, Resumes

a. Provide a brief history of the Offeror including its size, number of employees, and its experience and commitment to providing services for commercial service airports.

b. State the number of years of experience the Offeror’s principals have been providing General Contracting Services.

C. Offeror’s Qualifications and Experience

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a. Provide a description of the Offeror’s overall qualifications and experience that qualifies it to perform all of the items in the Scope of Services set forth. Furnish indicator(s) of the Offeror’s volume of business, such as the dollar amount for commercial service or comparable entities.

b. Provide a written narrative specifically outlining the Offeror’s experience as a General Contractor for at least FIVE (5) years for commercial service or similar entities. For each organization listed, include:

i. Name of entity.

ii. Name(s) of staff members that worked directly with Offeror’s firm and phone numbers at which they can be reached.

iii. Dates Offeror performed strategic communication services for each entity.

D. Proof of Insurance

E. Copy of Virginia Contractor Licenses

F. Bid Form filled out completely and signed (see attached)

G. Exhibit A

H. Quote Items

I. Attachments A, B, C and D

You may also include other information which you believe would assist the Town in determining the appropriateness of your contractor for this work; however, the Town requests that proposals do not contain information that is not directly beneficial to this project.

For consideration, two (2) paper copies of the Proposal are preferred to be received no later than 2:00 pm, Tuesday, April 14, 2026. The submittals are to be sealed and marked on the outside “Fire and Security Alarm System Services”. Bids will be opened and read aloud at this time.

Courier or in-person delivered must be received by the deadline and addressed to:

Jamie Barker Town of Abingdon

299 Kings Mountain Drive Abingdon, Virginia 24210

Electronic Submission https://eva.virginia.gov/ (select project posting) (Paper copy still required to be submitted by due date and time)

Abingdon, VA 24210

Questions concerning the proposal can be directed to Jamie Barker by: 4:00 pm, on April 10, 2026

Phone 276-258-7141

Email: jbarker@abingdon-va.gov https://eva.virginia.gov/ mailto:jbarker@abingdon-va.gov

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Questions concerning the Request for Proposals can be directed to the contact information listed, and shall be received no later than 4:00 pm, on April 10, 2026. Any questions received after this date may not be answered in fairness to other Bidders.

Proposals received after the stated deadline will not be accepted. After the PROPOSALS are reviewed, the Town may meet with the contractor or contractors they deem best qualified for a more detailed discussion of the project. The Town reserves the right to reject any and all proposals for any reason.

This Request for Proposal does not commit the Town to pay any costs incurred by the individuals or contractors in the preparation and submission of the proposal. The Town of Abingdon reserves the right to reject any or all proposals at any time without penalty.

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BID FORM

Fire and Security Alarm Systems

1. Coomes Recreation Center – 300 Stanley (Fire and Burglary) Fire, Sprinkler, Alarm

2. Fire Station – 316 Park St. (Fire and Burglary)

3. Town Hall/ Municipal Building – 133 W. Main St. (Fire and Burglary)

4. Town Shop-160 A St. (Fire and Burglary) Add Later

5. Town Shop Office – 299 Kings Mountain Drive (Fire and Burglary)

6. Fields Penn House – 208 W. Main St. (Fire and Burglary)

7. Finley – 300 Green Springs Rd (Fire and Burglary)

8. Latture Field Concession – 101 Latture Field Dr. (Fire) – Add Later

9. Latture Field Annex Buildings – 427,429,431 W. Main St. (Fire) – Add Later

10. Train Station – 306 Depot Square (Fire and Burglary)

11. Police Department – 432 W. Main St (Fire and Burglary)

12. Meadows – Add later

a. Building A – 40 Cook St – Add Fire and Burglary

b. Building B – 60 Cook St – Add Burglary

c. Building C – 86 Cook St – Add Burglary

13. Retirement at the Muster Grounds – 702 Colonial Rd (Fire and Burglary)- Add Later

14. Muster Grounds Visitor Center – 1780 Muster Place (Fire and Burglary)

15. Wolf Creek Water Reclamation Facility – 2140, 21436 Vance’s Mill Rd. (Fire and Burglary) 4 building

16. Sewer Collections Shop/Office 21386 Vance’s Mill Rd. (Fire and Burglary)

Description Quantity Unit Price per HR/Service Total Amount 01 Monitoring – 12 Month Contract 13 02 Semi-Annual Fire Inspections 13 03 Semi-Annual Fire Inspection for Add-ons 7 04 Install a fire control monitor 7 05 Monitoring-12 Month contract after installing fire monitoring system

Currently there is no system in place at Town Shop, Latture Field Concession, Latture, Field Annex Buildings, Retirement at Muster Grounds, Meadow Buildings A, B, C, there is interest in adding these later but that is not a part of this RFP.

Combine together Fire Control Monitor with several detectors.

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EXHIBIT A

Fire and Security Alarm System Locations

# Name Address # of buildings

Fire System in-place

Burglary system In-Place

Sprinkler Notes

1 Coomes Recreation Center

300 Stanley St. 1 X X x

2 Fire Station 316 Park St 1 X X x 3 Town

Hall/Municipal Building

133 W. Main St 1 X X

4 PW Town Shop 160 A. St 2 Add Later 5 PW Admin 299 Kings Mtn. Drive 1 X x 6 Police Station 425 W. Main St 1 X X x 7 Fields Penn

House 208 W. Main St 1 X X

8 Finley House 300 Green Sprins Rd 1 X x 9 Latture Field

Concession 101 Latture Field Dr 1 Add Later

10 Latture Field Annex

427,429,431 W. Main St

5 Add Later

11 Train Station 306 Depot Square 1 X X 12 Meadows

Building A,B,C 40,60,86 Cooks St 3 Add later

13 Sewer Collections Shop/Office

21386 Vance’s Mill Rd

1 X X Fire and Burglary (2 separate addresses 1 facility, 4 alarms)

14 Wolf Creek Water Reclamation Facility

2140, 21436 Vance’s Mill Rd

3 X X Main Office and Lab and Climate Control Storage

15 Muster Grounds Visitor Center

1780 Muster Place 1 X X

16 Retirement at Muster Grounds

702 Colonial Rd 1 Add Later

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BID ITEMS

$___________________ Hourly Rate for On-call Service & Repairs

Specifications and Performance Capabilities Must Be Submitted with Quote. Must Follow NFPA Guidelines when performing inspections.

Locations Annual Monitoring Cost

Semi-Annual Fire Inspection

Sprinkler System Annual Inspection

1 Coomes Center X X X 2 Fire Department X X x 3 Town Hall/Municipal

Building X X

4 PW Shop X X 5 PW Admin X X 6 Police Department X X x 7 Fields Penn X X 8 Finley X X 9 Latture Field

Concession X X

10 Latture Field Anex X X 11 Train Station X X 12 Meadows Buildings

A, B, C

X

13 Sewer Collections Shop/Office

14 Wolf Creek Water Reclamation Facility

15 Muster Grounds Visitor Center

16 Retirement at Muster Grounds

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CIVIL RIGHTS

The Town of Abingdon assures compliance with Title VI of the Civil Rights Act of 1964, as amended. The consultant and all sub-consultants selected for this project will be required to submit a Title VI Evaluation Report (EEO-D2) within 10 work days of notification of selection when requested by the Department. This requirement applies to all consulting firms when the contract amount equals or exceeds $10,000.

ANTI-DISCRIMINATION: By submitting their proposals, offers certify to the Town that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Code of Virginia 2.2-4311, 2.2-4311.2, and 2.2-4312 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients religion, religious belief, refusal to participate in a religious practice, or on the race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia 2.2.4343.1E).

Contract amount equals or exceeds $10,000.

1. During the performance of this contract, the contractor agrees as follows:

a. During the performance of this contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, or any other basis prohibited by law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Town may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from City contracting regardless of whether the specific contract is terminated.

2. The contractor will include the provisions of Paragraph a.1, preceding above, in every subcontract or purchase order equals or exceeds $10,000, so that the provision will be binding upon each subcontractor or vendor.

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ANTI-DISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, or any other basis prohibited by state law relating to discrimination in employment or because the offeror employs ex-offenders unless the Town has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

PROPRIETARY AND CONFIDENTIAL INFORMATION

The Town promises to keep confidential, subject to the terms of this paragraph and to the extent permitted by law, Proprietary Information submitted in response to this Request for Proposal. For purposes of this paragraph, “Proprietary Information” means all confidential and/or proprietary knowledge, data or information in which the Offeror has a protectable interest, including: (a) trade secrets, inventions, ideas, know-how, improvements, discoveries, developments, designs and techniques; (b) information regarding research and development, new products marketing and selling, business plans, licenses, records, facility locations, documentation, software programs, price lists, contract prices for purchase and sale of the Offeror’s services, customer lists, prospect lists, pricing on business proposals to new and existing customers, supplier pricing, equipment configurations, ledgers and general information, employee records, mailing lists, accounts receivable and payable ledgers, budgets, financial and other records of the Offeror; and (c) information regarding the skills and compensation of other employees of the Offeror. “Proprietary Information” does not include, however, information that is publicly available or readily ascertainable by independent investigation. To qualify Proprietary Information for protection from disclosure, the Offeror must: 1) request protection of the Proprietary Information before, or contemporaneously with, submission of the Proposal; 2) identify the Proprietary Information to be protected; and 3) state the reasons why the information is proprietary. The Offeror cannot designate as Proprietary Information a) an entire proposal; b) any portion of a proposal that does not contain Proprietary Information; c) line item prices; or d) the total proposal price. The Town may decline to defend against a lawsuit filed against it to compel release of information designated as proprietary, but in that event the Town will provide reasonable notice to the Offeror regarding its decision to defend pending lawsuits.

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ATTACHMENT A. PROPRIETARY/CONFIDENTIAL INFORMATION

IDENTIFICATION FORM

Code of Virginia 2.2-4342F (updated 07/01/18): “Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.);

however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii)state the reasons why protection is necessary. A bidder, offeror, or contractor shall not designate as trade secrets or proprietary information

(a) an entire bid, proposal, or prequalification application; (b) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; or (c) line item prices or total bid, proposal, or prequalification application prices.”

Trade secrets or proprietary information shall be identified in writing on this form, either before or at the time the data or other material is submitted. Note: If proprietary/confidential information is identified, Bidder/Offeror must submit a redacted copy (in electronic PDF format) of their bid/proposal in addition to the required number of copies requested.

The proprietary or trade secret material must be clearly identified in the redacted bid/proposal copy by a distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute a trade secret or proprietary information. The designation of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Bidder/Offeror: _____________________________________________________________________________

SECTION/TITLE PAGE NUMBER(S) REASON(S) FOR WITHHOLDING FROM DISCLOSURE

*Bidder/Offeror may attach additional sheets if necessary ☐ Check this box if there are none.

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ATTACHMENT B. STATE CORPORATION COMMISSION (SCC) FORM

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

Pursuant to Code of Virginia 2.2-4311.2 subsection B, a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid/proposal the identification number issued to it by the State Corporation Commission (SCC) and shall not allow the identification number to lapse, be revoked or cancelled at any time during the term of the contract. Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid/proposal a statement describing why the bidder/offeror is not required to be so authorized. A link to the SCC site is at http://www.scc.virginia.gov.

Select one of the following boxes. The undersigned Offeror:

☐ is a corporation or other business entity with the following SCC identification number: ________________ ☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location).

☐ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. Attach opinion of legal counsel to this form.

☐ has not completed any of the foregoing options but currently has pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wishes to be considered for a waiver to allow them to submit the SCC identification number after the due date for bids/proposals. The Town reserves the right to determine in its sole discretion whether to allow such waiver.

Signature: ___________________________________________________ Date: ___________________

Name: _______________________________________________________

(Print)

Name of Firm: ___________________________________________________________________

Title: ___________________________________________________________________________ http://www.scc.virginia.gov/

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ATTACHMENT C. NON-COLLUSION AFFIDAVIT

Under oath, I hereby affirm under penalty of perjury:

(1) That I am the offeror or a partner of the offeror, or an officer or employee of the offeror’s corporation with authority to sign on its behalf;

(2) That the attached proposal or proposals have been arrived at by the offeror and have been arrived at and submitted without collusion or any design to limit bidding or competition;

(3) That the contents of the proposal or proposals have not been communicated to any person not an employee or agent of the offeror on any bid furnished with the proposal or proposals, and will not be communicated to any such person prior to the official opening of the proposal or proposals; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signature: _______________________________________________________ Date: ____________________

Name: __________________________________________________________________________

(Print)

Name of Firm: ____________________________________________________________________

Title: ___________________________________________________________________________

TOWN OF ______________________________________________________________________________, STATE OF ______________________________________________________________________________, to wit:

I, ___________________________________________________________________, a Notary Public, do certify that___________________________________________________________________ whose name is signed to the foregoing has this date acknowledged the same before me in my Town foresaid.

Given under my hand this ___________________________day of _________________ , 20______________ .

My Commission expires ___________________________________________________________________.

Notary Public _____________________________________________________________________________ .

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ATTACHMENT D. NOTICE OF EXCEPTIONS

Name of Bidder/Offeror: _____________________________________________________________________________

List exceptions to any portions of ITB/RFP (i.e. General Terms & Conditions, Federal Terms & Conditions, Special Terms & Conditions):

☐ Check this box if there are none.

NOTE: THIS FORM IS NOT REQUIRED OR REQUESTED TO BE COMPLETED IN THE FOLLOWING INSTANCES. IF YOU FEEL THIS FORM DOES NOT APPLY TO YOUR SOLICITATION, PLEASE SELECT ONE OF THE FOLLOWING BOXES AND RETURN THIS FORM

WITH YOUR BID/PROPOSAL SUBMISSION.

☐ Per Virginia Code § 2.2-4302.2 (3): “In the case of a proposal for information technology, as defined in § 2.2-2006, a public body shall not require an offeror to state in a proposal any exception to any liability provisions contained in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. The offeror shall state any exception to any liability provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation.”

☐ Per Virginia Code § 2.2-4302.2 (4): “For architectural or engineering services, the public body shall not request or require offerors to list any exceptions to proposed contractual terms and conditions, unless such terms and conditions are required by statute, regulation, ordinance, or standards developed pursuant to § 2.2-1132, until after the qualified offerors are ranked for negotiations.”

*This document shall be completed & returned with proposal submission.

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GENERAL TERMS AND CONDITIONS

A. ADVERTISING: In the event an agreement is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the Town of Abingdon will be used in product literature or advertising. The Contractor shall not state in any of its advertising or product literature that the Town of Abingdon has purchased or uses any of its products or services, and the Contractor shall not include the Town of Abingdon in any client list in advertising and promotional materials, unless the contractor has been given written permission by a Town of Abingdon representative who is authorized to sign on behalf of the Town of Abingdon.

B. ANTI-TRUST: The Contractor conveys, sells, assigns, and transfers to the Town of Abingdon all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Town of Abingdon under said contract.

C. APPLICABLE LAWS & COURTS: This procurement transaction, and any resulting contract, shall in all aspects be governed by the laws of the Commonwealth of Virginia, notwithstanding conflicts of laws provisions and any litigation with respect thereto shall be brought in the courts of the Commonwealth in Washington County, Virginia or in the United State District Court of Abingdon. The Town of Abingdon and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using the dispute resolution process. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

D. ASSIGNMENT OF CONTRACT: An Agreement shall not be assignable by the Contractor in whole or in part without the written consent of the Town of Abingdon.

E. AUTHORITY TO TRANSACT BUSINESS: Pursuant to Virginia Code § 2.2-4311.2 and in accordance with Title 13.1, Title 50, or as otherwise required by law, the Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized by the State Corporation Commission to transact business in the Commonwealth as a domestic or foreign business entity and shall maintain registration as current through the life of the awarded Agreement.

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

G. CANCELLATION OF AGREEMENT: The Town of Abingdon may terminate any agreement resulting from this solicitation at any time, for any reason or for no reason, upon thirty days’ advance written notice to the Contractor. In the event of such termination, the Contractor shall be compensated for services and work performed prior to termination.

H. CERTIFICATION REGARDING NON-SEGREGATED FACILITIES: For contracts subject to federal funding 2 C.F.R. Part 200 requirements, by the execution of this Agreement, the Contractor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The Contractor further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, national origin, age or handicap, because of habit, local custom or otherwise.

It agrees that, except where it has obtained identical certification from proposed subcontractors and material suppliers for specific time periods, it will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements exceeding ten thousand dollars, and that it will retain such certifications in its files.

I. CHANGES TO THE CONTRACT: Changes can be made to the Agreement in any of the following ways:

a. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance approval of the Town Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).

b. The Town of Abingdon may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Town of Abingdon a credit for any savings. Said compensation shall be determined by one of the following methods:

i. By mutual agreement between the parties in writing; or

ii. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Town’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

iii. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Town of Abingdon with all vouchers and records of expenses incurred and savings realized. The Town of Abingdon shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Town of Abingdon within thirty (30) days from the date of receipt of the written order from the Town of Abingdon. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Town of Abingdon or with the performance of the contract generally.

J. CLARIFICATION OF TERMS: The Town of Abingdon will assume no responsibility for oral instructions, suggestion or interpretation. Any question regarding the offer documents and/or specifications shall be directed to the Town Manager or designee and any material change will be submitted to all Offerors through issuance of an addendum. Any questions related to this solicitation MUST be submitted to the contact named on the first page of this solicitation no fewer than seven (7) work days prior to the bid opening or proposal closing date specified. Questions should be in writing and electronic transmission is preferred. Questions submitted beyond the time specified above may be left unanswered if sufficient time does not allow a response to all

26 | P a g e prospective Offerors without causing an unacceptable delay in the process. Any contact with any Town of Abingdon representative, other than that outlined within this solicitation, concerning this solicitation is prohibited.