RFP2025-07 Unionville Project 12122024.pdf

COUNTY OF ORANGE, VIRGINIA

REQUEST FOR PROPOSAL #2025-07

ARCHITECTURAL & ENGINEERING SERVICES FOR THE “UNIONVILLE PROJECT”

ISSUE DATE: December 12, 2024

DUE DATE: January 23, 2025

TIME: 2:00 P.M.

RFP #: 2025-07

ISSUING DEPARTMENT: County of Orange, Virginia Procurement Division 112 W. Main Street, 2nd Floor P.O. Box 111 Orange, VA 22960

CONTACT: Amanda Amos, VCA, VCO Contract & Procurement Specialist

Phone: (540) 661-5378 Email: aamos@orangecountyva.gov

Orange County Board of Supervisors invites qualified firms to submit proposals for comprehensive Professional Engineering and Architectural Services for the “Unionville Project”, herein referred to as “the project”. The project consists of a multi-agency manned (volunteer and career) Fire and Emergency Services Station (with community room), Recreation Park (with multipurpose athletic fields, pavilion, restrooms, and a pickleball court), and the relocation of a solid waste and recycling collection site. This Request for Proposal and resulting contract(s) shall be consistent with and governed by the Orange County Procurement Policy and the Virginia Public Procurement Act.

All proposals shall be turned in no later than 2:00 P.M. January 23, 2025, to the Finance Office located at 112 W. Main Street, 2nd Floor, Orange, Virginia 22960. If proposals are sent via a mailing service or hand delivered, please address the proposals to the issuing department listed above.

Any proposals that are submitted by e-mail, phone, or facsimile shall not be considered. Any proposals received after the deadline shall be deemed non-responsive and returned unopened. If the Owner closes its office due to inclement weather, scheduled receipt of proposals will be extended to the next business day, same time. It is the Offeror’s sole responsibility to ensure all information, including addendums, are complete and delivered on time.

Table of Contents Cover Page 1

Table of Contents 2

Introduction 3

County Background 3

Purpose, Background, Intent 3-4

Scope of Work 4-6

Proposal Format 6-7

Submittal Instructions 7-9

Evaluation & Selection Criteria 9-10

Timeline 10

Contract Award 11

Appendix A: General Conditions & Instructions 12-27

Appendix B: Insurance Checklist (Return this page) 28

Appendix C: Non Collusion Statement (Return this page) 29

Appendix D: Vendor Data Sheet (Return this page) 30

Appendix E: Offeror Statement (Return this page) 31

Appendix F: SCC Form (Return this page) 32

Appendix G: Question Form (Return this page) 33

Appendix H: Proprietary Information Form (Return this page) 34

Appendix I: Concept Design Plan 35-40

Appendix J: Additional Terms & Conditions for Architectural & Engineering Contracts 41-55

A. Introduction

a. Orange County Board of Supervisors invites qualified firms, referred to herein as

“Contractor” and/or “Offeror”, to submit sealed proposals for Professional Engineering and Architectural Services for a multi-agency manned (volunteer and career) Fire and Emergency Services Station (with community room), Recreation Park (with multipurpose athletic fields, pavilion, restrooms, and a pickleball court), and the relocation of a solid waste and recycling collection site in Unionville Virginia. The project shall encompass the following parcels: 03300000000560, 0330000000067A, 03300000000670. The Owner reserves the right to award the contract to one (1) or more Offerors. This procurement shall utilize competitive negotiation.

b. Any communications pertaining to the scope of work, the preparation or submittal of a proposal, and all other communications referred to this solicitation must be made in writing (preferably email communication) to:

i. Amanda Amos, VCA, VCO County of Orange, Virginia 112 W. Main Street, 2nd Floor P.O. Box 111 Orange, VA 22960 E-mail: aamos@orangecountyva.gov

B. County Background

a. Orange County, referred to herein as “County” and/or “Owner”, is located in Central Virginia at the foothills of the Blue Ridge Mountains. The County serves an area of 355 square miles with a population of approximately 39,000. The County seat is located at 112 West Main Street Orange, VA 22960.

b. The County uses the traditional board form of government with a County Administrator, who serves the elected five (5) member Board of Supervisors.

c. The Offeror’s principal contact with the County will be the Assistant County Administrator for

Operations, or her designated representative, who will coordinate the assistance to be provided by the County to the Offeror.

C. Purpose, Background, and Intent

a. The intent of this request for proposal (RFP) is to select qualified Architectural and Engineering firm(s) with demonstrated experience and success in the comprehensive design, construction documentation preparation, and construction administration for the project, which consist of a multi-agency manned (volunteer and career) fire and emergency services station (with community room), recreation park (with multipurpose athletic fields, pavilion, restrooms, and a pickleball court), and the relocation of a solid waste and recycling collection site. The fire and emergency services station along with the collection site may potentially be considered the first phase of the project, leaving the park in a later phase, depending on cost estimates.

Environmental, transportation and utility needs are crucial for a successful operation. The Owner reserves the right to alter the scope of work at any time.

In July 2022, the County purchased 8.23 acres on parcels 03300000000670 and

0330000000067A in Unionville, Virginia adjacent County owned parcel 03300000000560 (24416 Constitution Highway Unionville, Virginia 22567) that currently houses a community building (Ruritan), storage building, and solid waste and recycling collection site. Parcel 03300000000670 (24220 Constitution Highway Unionville, Virginia 22567) contains a vacant single-family home, barn, and accompanying outbuilding/shed structure.

GIS data on the above-mentioned parcels can be found here:

https://experience.arcgis.com/experience/c6aac57716844baeb0efcaf588d5bd1a

In the autumn of 2023, staff engaged Timmons Group to provide concept plans and cost estimates for the projects.

D. Scope of Work

a. The work under this contract at a minimum will include, but not be limited to, all necessary architectural and engineering services for the project (fire and emergency services station, park, and collection site):

1. Comprehensive demolition planning and bid documents for existing structures.

2. Comprehensive structural design.

3. Comprehensive civil engineering.

4. Comprehensive environmental engineering, including all stormwater components and permits required by local, state, and federal agencies.

5. All necessary surveys and geotechnical engineering.

6. All necessary utilities design, well and water plan.

7. Residential waste and recycling collection site design including, a waste collection site with two (2) compactor units, one for recycling, the other for municipal solid waste. The site will serve on average 275 customers daily. The site may include a drain and holding tank to capture leakage from the compactors. The site shall include a 10’x10’ building with electricity for staff to utilize. The site will need to be fenced for safety, lighting, and markings for traffic flow and safety purposes.

8. Comprehensive park design including potentially three (3) to five (5) multi-sport fields that can accommodate practices and games for a variety of sports, ex: soccer, flag football, lacrosse, field hockey, etc. A small pavilion with restrooms, walking trails, walking trails and pickleball court(s) with lighting and parking.

9. A fire and emergency services station comprehensive design including a minimum of three (3) drive through bay stations that can hold a total of six (6) apparatus in each area of the bay where a bay door is located. Each bay should allow for the length of a 105’ Aerial apparatus with ample room to stage a second apparatus, allowing movement around the vehicles. The bay areas shall be designed with a cancer reduction plan, being a fully conditioned space. All options for exhaust removal shall be provided as well as a cancer reduction plan throughout the entire building making sure that there is proper transition and air flow to keep the bay air from getting into “clean” living/common areas of the station. There will need to be a minimum of three

(3) maintenance work rooms off the bay floor along with a pressure locker room for storing turnout gear. The station should comfortably house ten (10) members with individual sleeping areas. Amenities to include a locker room area with shared but modestly designed bathrooms shall be provided. A kitchen that can accommodate ten (10) members with storage room for three (3) to four (4) shifts. Hook ups will be needed for appliances to include but no limited to potentially four (4) refrigerators. A space for a large “day room” that can allow members to have downtime as well as a large eating area off of the kitchen, with an open concept flow. Two (2) to three (3) working offices for County shift supervisors as well as a separate office for Volunteers to utilize. There should also be space for a full-sized gym and physical training area that will allow for a minimum of six (6) members to work out at the same time. Two (2) laundry rooms will be needed, one (1) for the regular “clean” station living use, and one (1) for the cleaning of “dirty” turn-out gear. A community multi-purpose room will be needed with separate access controls and its own outdoor entrance and warming kitchen. This space will need its own bathrooms that do not require unauthorized access into the main fire station. The building concept design shall allow for future expansion. The building will need to remain open and operational during any modifications/expansions.

10. Comprehensive traffic design including all permitting, approvals, etc. from local, state and federal agencies.

11. Master planning to be completed first including but not limited to: stormwater management, VDOT entrances, DEQ permits, and any other relevant permits.

12. The design of the project shall strive to meet or exceed the LEED v4.1 certification energy saving goals and daylighting.

13. Creation and maintenance of construction documents (biddable).

14. Construction administration services.

b. The selected firm will be required to:

1. Provide all design and construction administration services including performing investigations and geotechnical studies; preparation of plans and working with County/Contractors to obtain required permits, applications and approvals.

2. Indicate who will be Project Manager(s) and relevant internal division contacts.

3. Be present at public and other meetings related to the project.

4. Consult with appropriate County staff regularly and as requested, be familiar with all requirements of the project and summarize findings in a report/project meeting to the County as requested. Prompt responses are required.

5. Perform the Preliminary (schematic) Design phase of the work (within ninety (90) days of written report).

6. Perform the Design Development phase of the work.

7. Perform the Design for Construction phase of the work (construction documents, bid documents).

8. Perform the preliminary and maximum Construction Cost Estimate.

9. Provide all necessary design revisions and modifications as required.

10. Assist in the bidding process including but not limited to distributing bid packages, participating in pre-bid conferences, assisting with response to bidder’s questions, assisting in the evaluation process, assisting with construction contract technical specifications and related topics and providing any other services as detailed in any resulting contract.

11. Provide Construction Administration services.

12. Provide all of the above on or around the dates provided by the Owner at the time of the contract negotiations.

13. Make any presentations necessary to County staff, the community, Board of

Supervisors or other boards as deemed necessary by the Owner.

14. Offerors must provide responses on all items and how sub-contractors and partnerships will play roles in the project.

15. During the first year of operation coordinate, monitor, and resolve any warranty issues to the satisfaction of the County and provide a minimum of one (1) on-site tour with the Owner’s representative to observe the operation and performance of the site and make recommendations for possible efficiencies.

16. Ensure the design complies with relevant Virginia Uniform Statewide Building Code (USBC), National Fire Protection Association Standards (NFPA), American with Disabilities Act (ADA), and all other relevant codes and standards.

E. Proposal Format The Owner will follow the evaluation process and selection criteria described in this solicitation. In order to provide each Offeror an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain the following elements organized into separate chapters and sections, as the Offeror may deem appropriate.

The Owner is not responsible for failure to locate, consider, and evaluate qualification factors presented outside of this format.

The purpose of this section is to provide the Owner with an overview of the Offeror’s firm and demonstrate the qualifications of the staff the Offeror will assign to the contract if selected. At a minimum, each Offeror should:

a. Relationships: Clearly state whether the Offeror is proposing to subcontract any of the work herein. The names of the sub-consultants shall be provided and by proposing such firm(s) or individuals, the Offeror assumes full liability for the sub-consultant’s performance.

Additionally, the Offeror shall state the amount of previous work experience with the sub-consultant(s). Explain who is on each team, ex; Civil Team, Engineering Team, Architectural Team and who will be main points of contact.

b. Methodology: Provide the methodology of the Offeror’s design and management processing incorporating an understanding of the goals and criteria of this project and how the Offeror intends to meet these goals.

i. Offerors shall include a description of any significant tasks not listed in the Scope of Work which may be necessary either as reimbursable expenses under the Architect’s Contract or as a service to be contracted for separately by the County.

c. References/Experience: Provide no less than three (3) most recent completed projects which illustrate the Offeror’s experience on projects of similar functionality, size, design, type and scope. The project detail at a minimum should include the following:

i. Detailed description of the project

ii. Location of the project

iii. Completion time

iv. Construction costs

v. Significant features

vi. Name, title, address, phone number, e-mail address for the person on the Owner’s team with most in-depth details of the project.

vii. Describe if the construction met the target budget, schedule, and design goals. If not, provide explanation as to why.

Provide references for whom work of a similar nature was performed. These qualifying projects must be contracted to or have been completed by the Offeror as the lead vendor, not sub-consultants/contractors.

d. Staffing: Provide the names, qualifications, degrees, certifications, and licenses of key employees, consultants, and sub-consultants proposed to be involved in the project. List who will be the point of contact/project manager for each separate project. Show only experience directly related to their assigned duties under the proposed project.

e. Schedule: Provide a proposed comprehensive timeline including schedule for design and construction of each project.

f. Insurance: A description of insurance carried detailing limits of professional liability and errors and omissions insurance.

The Owner reserves the right to make such additional investigations as it may deem necessary to establish competency and financial stability of any Offeror. If, after the investigation, the evidence of competency and financial stability is not satisfactory, in the sole opinion of Orange County, the Owner reserves the right to reject the proposal.

F. Submittal Instructions

a. Each Offeror shall submit one (1) original hardcopy, six (6) copies and one (1) thumb drive version of their proposal.

i. An authorized representative of the Offeror shall sign proposals. All information requested in this solicitation should be submitted. Failure to submit all information requested may result in the proposal being deemed non-responsive. Proposals which are deemed non-responsive, incomplete, or lack key information may be rejected in full by the Owner.

ii. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph of the corresponding section of the RFP. It is also helpful to repeat the text of the requirement as it appears in the RFP. The proposal should contain a table of contents, which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

EXAMPLE:

The selected firm will be required to:

Provide all design and construction administration services including performing investigations and geotechnical studies; preparation of plans and working with County/Contractors to obtain required permits, applications and approvals.

Vendor Response Here:

iii. Each proposal shall be printed in English and received in hard copy by the deadline.

Oral proposals, proposals received by telephone, fax, or e-mail shall be rejected.

b. Except as otherwise provided, and in accordance with Va. Code §2.2-4342, all proceedings, records, contracts and other public records relating to the County’s procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (Va. Code §2.2-3700 et seq).

Proposals shall not be available for inspection by Offerors until interviews, if scheduled, are completed. After award, all proposals become a matter of public record and are available for inspection by the public. Trade secrets or proprietary information submitted by an offeror in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if the Offeror:

i. Invokes the protections of Virginia Code §2.2-4342 prior to or upon submission of the data or other materials;

ii. Identifies the specific data or other materials to be protected, and

iii. States the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. Redacted copies clearly marked for proposals containing proprietary or confidential information shall be submitted with proposals.

c. The County will assume no responsibility for oral instruction or interpretation. Any question regarding the procurement solicitation shall be in writing on the enclosed Question Form (electronic transmission is preferred) and directed to Amanda Amos, Contract & Procurement Specialist. Offerors shall use the Question Form found in the appendices of the RFP and emailed to aamos@orangecountyva.gov. Questions must be received by 12:00 p.m. on January 14, 2025. Questions submitted beyond the time specified in the terms and conditions may be left unanswered if sufficient time does not allow a response to all prospective Offerors without causing an unacceptable delay in the process to be determined solely by the Owner. Any material change will be submitted to all offerors through issuance of an addendum.

d. Any contact with any County representative, other than the Contract & Procurement Specialist, concerning this RFP is prohibited. Such unauthorized contact may disqualify an Offeror from this procurement.

e. Each Offeror shall be prepared, to present evidence of their experience, qualifications and financial ability to carry out the terms of the contract.

f. The Owner reserves the right to reject any and all proposals and waive all informalities. In the event the Owner rejects all proposals, the Owner may re-solicit.

g. Failure to provide additional language or noting specific exceptions to any requirements of the solicitation or the terms and conditions, with the proposal submission shall be considered as an acceptance of all terms and conditions of any resulting contract from this solicitation.

h. The Owner may arrange for discussions with Offerors submitting proposals for the purpose of obtaining additional information or clarification if needed.

i. The Owner may make such reasonable investigations as it deems proper and necessary to determine the ability of the Offeror to perform the work.

j. ALL PROPOSALS RECEIVED AFTER THE DUE DATE/TIME WILL NOT BE

CONSIDERED. FAILURE TO COMPLETE FORMS AS REQUIRED MAY RESULT IN THE

BIDDER BEING DETERMINED “NON – RESPONSIVE.”

k. Offerors are not to submit estimated man-hours or cost for services with their proposals.

G. Evaluation & Selection Criteria

a. All proposals received shall be evaluated based upon the evaluation criteria listed below.

Strength of Overall Proposal-Overall quality of the proposal that specifically addresses the items in the County’s solicitation including the understanding of the County’s objectives, challenges, and long-term goals and hot the Offeror plans to approach and manage the project.

20%

Ability and Method to Perform – The ability, capacity, and skill of the individual or firm to perform the work described herein in a manner consistent with County goals and standards.

Experience-The quality of past performance on previous projects of similar functionality, size, design, type, and scope of work for other local governments and/or other customers.

Quality of References-Satisfaction of former clients including the Offeror’s creativity in problem solving, management (including the ability to complete the design work withing prescribed budget and schedule constraints), accuracy of construction estimates (receipt of construction bids within budget), quality and accuracy of construction documents, and expertise in construction administration.

5%

Staffing-The professionalism, ability, experience, and continuity of proposed staff, consultants, and sub-contractors to be assigned to the project including the capability of the required staff, consultants, and sub-consultants to perform the services needed within the timeframe designated.

Timeliness-Time frame in which the service can be provided without delay or interference.

15%

b. The Owner may arrange for discussions with Offerors submitting proposals for the purpose of obtaining additional information or clarification if needed.

c. The Owner may make such reasonable investigations as it deems proper and necessary to determine the ability of the Offeror to perform the work.

d. Based on the consensus rankings, the highest ranked Offeror(s) will be invited to engage in discussions with the Selection Committee that may include, but are not limited to:

i. Explanations of the proposed approach

ii. Work plan

iii. Non-binding cost estimates

iv. Qualifications of the Offeror(s)

H. Timeline

a. Request for Proposal issued December 12, 2024

b. Proposals due by January 23, 2025

c. Selected Firm/s Interviewed (Approximately) Beginning of February 2025

d. Contract Award (Approximately) End of February 2025

I. Contract Award

a. The County shall engage in individual discussions with two (2) or more Offerors deemed fully qualified, responsible and suitable on the basis of initial response and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. The Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. In addition, Offerors shall be informed of any ranking criteria that will be used by the public body in addition to the review of the professional competence of the Offeror. The request for proposal shall not, however, request that Offerors furnish estimates of man-hours or cost for services. At the discussion stage, the County may discuss non-binding estimates of total project costs, including, but no limited to, life-cycle costing, and where appropriate, non-binding estimates of prices for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, on the basis of evaluation factors published in the request for proposal and all information developed in the section process to this point, the County shall select in the order of preference two (2) or more Offerors whose professional qualifications and proposed services are deemed the most meritorious. Negotiations shall then be conducted, beginning with the Offeror ranked first. Non-binding cost estimates will be requested and considered at the discussion stage for those firms selected for interviews. For contract purposes costs will be required in discrete categories such as Project Initiation, Preliminary Design and Price Estimates, Design for Construction, Bidding Documents and Assistance, and Construction Duties and Responsibilities. If a contract satisfactory and advantageous to the County 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 conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County determine in writing and in its sole discretion that only one (1) Offeror is fully qualified, or that one (1) Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to the Offeror.

b. The contract shall be the length of the project plus one (1) year from the date of final payment for all work related to the project.

c. The selected Offeror shall provide the County with original bound documents suitable for distribution for the project and all related components. In addition, all electronic copies of documents shall be provided in a format compatible with the County’s word processing and AutoCAD hardware and software. All documents, including computer disks, thumb drives, shall become property of the Owner upon final payment of all fees to the Consultant as forth for in the contract. The Owner reserves the right to alter the documents and/or specifications for its purposes, but will provide a properly initialed revision block showing Owner responsibility for such changes.

d. Appendix J includes additional sample Terms and Conditions for

Architectural/Engineering/Construction Management contracts and shall be incorporated into any and all contracts for services described herein by the Owner.

APPENDIX A: General Conditions and Instructions to Bidders/Offerors

Offeror: These general rules and conditions shall apply to all purchases and be a part of each solicitation and every contract awarded by the Orange County Purchasing Agent unless otherwise specified. The Orange County Purchasing Agent is responsible for the purchasing activity of Orange County. The term “Owner” as used herein refers to the contracting entity which is the signatory on the contracts for Orange County, a political subdivision of the Commonwealth of Virginia. Bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals: failure to do so will be at the Bidder’s/Offeror’s own risk and except as provided by law, relief cannot be secured on the plea of error. Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, bids/proposals on all solicitations issued by the Purchasing Agent will bind Bidders/ Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

1. AUTHORITY: The Orange County purchasing system shall operate under the direction and supervision of the County Administrator, who shall be the Purchasing Agent for the County. In the discharge of these responsibilities, the Purchasing Agent may delegate the administrative purchasing responsibility to a responsible subordinate, upon approval of the Board of Supervisors. Unless specifically delegated by the Purchasing Agent, no other Owner officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the Owner for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void and the Owner shall not be bound thereby.

2. COMPETITION INTENDED: It is the Owner’s intent that this solicitation permit competition.

It shall be the Bidder’s/Offeror’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, stifles competition or inadvertently restricts or limits the requirements stated in this solicitation to a single source. The Purchasing Agent must receive such notification not later than five (5) business days prior to the deadline set for acceptance of the bids/proposals.

CONDITIONS OF BIDDING

3. CLARIFICATION OF TERMS - If any Bidder/ Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/ Offeror should contact the Contract & Procurement Specialist whose name appears on the face of the solicitation no later than seven

(7) business days prior to the date set for the opening of bids or receipt of proposals. Any revisions to the solicitation will be made only by addendum issued by the Contract & Procurement Specialist. Notifications regarding specifications may not be considered if received in less than seven (7) business days of the date set for opening of bids/receipt of proposals.

4. Mandatory Use of Owner Form and Terms and Conditions: Failure to submit a bid/proposal on the official Owner form provided for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the Invitation to Bid or Request for Proposal may be cause for rejection of the bid/proposal. However, the Owner reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject any bid or proposal which has been modified.

5. LATE BIDS/proposals & MODIFICATION OF BIDS/proposals: Any bid/proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/proposal/modification is considered a late bid/proposal/modification. The Owner is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private carriers or the inter-office mail system. It is the sole responsibility of the Bidder/Offeror to ensure their bid/proposal reaches Procurement by the designated date and hour.

a. The official time used in the receipt of bids/ proposals is that time on the clock in the Finance Department.

b. Late bids/proposals/modifications will be returned to the Bidder/Offeror UNOPENED, if solicitation number, acceptance date and Bidder/Offeror’s return address is shown on the container.

c. If the Owner closes its offices due to inclement weather scheduled bid openings or receipt of proposals will be extended to the next business day, same time.

6. IDENTIFICATION OF PROPRIETARY INFORMATION: Trade secrets or proprietary information submitted in a proposal shall not be subject to disclosure under the Virginia Freedom of Information Act. However, in order for this information to be protected from disclosure, the Offeror must specifically invoke the protections of Sec. 2.2-4342, Code of Virginia, 1950, as amended, or other applicable statute, prior to or upon submission of the trade secrets or proprietary information. The Offeror must clearly identify any part of its proposal considered to be protected as trade secret or as proprietary information, and must state the reasons why protection is necessary.

a. Any Offeror shall identify a trade secret or proprietary information by clearly stating “Trade Secret” or “Proprietary Information” adjacent to the particular information, and by clearly identifying the information to be subject to the protection, such as by encircling, highlighting, underlining or other similar means. The Offeror shall state the reasons why protection is necessary on a separate page of the proposal.

b. Any Offeror shall not identify as a trade secret or proprietary information those sections of the proposal that are material to Orange County’s ultimate award of the contract.

c. The County reserves the right to contact an Offeror and to request that the Offeror explain or clarify why the Offeror identified certain information as a trade secret or as proprietary information.

d. Any Offeror shall not identify as trade secret or proprietary information their complete proposal.

7. WITHDRAWAL OF BIDS/PROPOSALS:

a. Bidder/Offeror for a contract other than for public construction may request withdrawal of his or her bid/proposal under the following circumstances:

i. Bids/Proposals may be withdrawn on written request from the Bidder/Offeror received at the address shown in the solicitation prior to the time of acceptance.

b. Requests for withdrawal of bids/proposals after opening of such bids/proposals but prior to award shall be transmitted to the Contract & Procurement Specialist, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, Offeror work sheets, etc. If bid bonds were tendered with the bid, the Owner may exercise its right of collection.

c. No Bid/Proposal may be withdrawn under this paragraph when the result would be the awarding of the contract on another Bid/Proposal of the same Bidder/Offeror or of another Bidder/Offeror in which the ownership of the withdrawing Bidder/Offeror is more than five percent. In the case of Invitation for Bid’s, if a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. No Bidder/Offeror who, is permitted to withdraw a bid/proposal shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid/proposal was submitted.

8. ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit bid price will govern. Erasures in bids/proposals must be initialed by the Bidder/Offeror.

Carelessness in quoting prices, or in preparation of bid/proposal otherwise, will not relieve the Bidder/Offeror. Bidders/Offerors are cautioned to recheck their bids/proposals for possible error.

Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted.

9. Identification of BID/Proposal Envelope: The signed bid/proposal and requested copies should be returned in a separate envelope or package, sealed and identified with the following information:

Addressed as indicated on page 1 IFB/RFP Number Title Bid/proposal due date and time

i. If a bid/proposal is not addressed with the information as shown above, the Bidder/Offeror takes the risk that the envelope/package may be inadvertently opened and the information compromised, which may cause the bid/proposal to be disqualified. Bids/Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope/package.

10. ACCEPTANCE OF BIDS/PROPOSALS: Unless otherwise specified, all formal bids/proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the bid/proposal may be withdrawn at the written request of the Bidder/Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

11. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.

12. BIDDERS PRESENT: At the time fixed for the opening of responses to a bid, bid contents will be made public for the information of bidders and other interested parties who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly. Bid tabulations are posted on Public Bulletin Board for a minimum of 10 days from award date. At the time fixed for the receipt of responses for Request for Proposals, only the names of the Offerors will be read and made available to the public.

13. RESPONSE TO SOLICITATIONS: In the event a Offeror cannot submit a bid on a solicitation, the Offeror is requested to return the solicitation cover sheet with an explanation as to why the Offeror is unable to bid on these requirements. Because of the large number of firms listed on the Owner’s Bidders List, it may be necessary to delete from this list the names of those persons, firms or corporations who fail to respond after having been invited to bid for three

(3) successive solicitations. Such deletion will be made only after formal notification of the intent to remove the firm from the Owner’s Bidder’s List.

14. BIDDER INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, materials or supplies.

15. TAX EXEMPTION: The Owner is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. Tax exemption certificates will be furnished if requested by the Bidder/Offeror.

16. DEBARMENT STATUS: By submitting their bids/proposals, Bidders/Offerors certify that they are not currently debarred from submitting bids/proposals on contracts by Orange County, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by Orange County or any agency, public entity/locality or authority of the Commonwealth of Virginia.

17. ETHICS IN PUBLIC CONTRACTING: The provisions contained in the Virginia Public Procurement Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the Owner. By submitting their bids/proposals, all Bidders/Offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

18. NO CONTACT POLICY: No Bidder/Offeror shall initiate or otherwise have contact related to the solicitation with any Owner representative or employee, other than Procurement, after the date and time established for receipt of bids/proposals. Any contact initiated by a Bidder/Offeror with any Owner representative, other than the Procurement Division, concerning this solicitation is prohibited and may cause the disqualification of the Bidder/Offeror from this procurement process.

SPECIFICATIONS

19. BRAND NAME OR EQUAL ITEMS: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the Owner in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and specifically indicate the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Owner to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding, only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the Bidder clearly indicates in its bid/proposal that the product offered is "equal" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

20. FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation therefrom will be permitted and the bidder will be required to furnish articles in conformity with that specification.

21. OMISSIONS & DISCREPANCIES: Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its apprehensions, shall be considered a part of such equipment although not directly specified or called for in the specifications.

a. The Bidder/Offeror shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications.

22. CONDITION OF ITEMS: Unless otherwise specified in the solicitation, all items shall be new, in first class condition.

AWARD

23. AWARD OR REJECTION OF BIDS: The Purchasing Agent shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of the Owner to accept it. Awards made in response to a RFP will be made to the highest qualified Offeror whose proposal is determined, in writing, to be the most advantageous to the Owner taking into consideration the evaluation factors set forth in the RFP. The Purchasing Agent reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids/proposals and to waive any informality in bids/proposals received whenever such rejection or waiver is in the best interest of the Owner. Award may be made to as many Bidders/Offerors as deemed necessary to fulfill the anticipated requirements of the Owner. The Purchasing Agent also reserves the right to reject the bid if a bidder is deemed to be a non-responsible bidder.

24. ANNOUNCEMENT OF AWARD: Upon the award or announcement of the decision to award a contract as a result of this solicitation, the Contract & Procurement Specialist will publicly post such notice on the following websites: www.eva.virginia.gov and www.orangecountyva.gov.

25. QUALIFICATIONS OF BIDDERS OR OFFERORS: The Owner may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to the Owner all such information and data for this purpose as may be requested. The Owner reserves the right to inspect Bidder's/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror’s capabilities. The Owner further reserves the right to reject any bid or proposal if the evidence submitted by or investigations of, such Bidder/Offeror fails to satisfy the Owner that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein.

26. NEGOTIATION WITH LOWEST RESPONSIBLE BIDDER: Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public body may negotiate with the apparent low bidder to obtain a contract price within available funds.

27. TIE BIDS: In the case of a tie bid, the Owner may give preference to goods, services and construction produced in Orange County or provided by persons, firms or corporations having principal places of business in the County. If such choice is not available, preference shall then be given to goods and services produced in the Commonwealth pursuant to the Code of Virginia. If no Owner or Commonwealth choice is available, the tie shall be decided by lot.

CONTRACT PROVISIONS

28. APPLICABLE LAW AND COURTS: Any contract resulting from this solicitation shall be governed in any respects by the laws of Virginia, and any litigation with respect thereto shall be brought in the Circuit Court of Orange County, Virginia. The Contractor shall comply with applicable federal, state and local laws and regulations.

29. VIRGINIA STATE CORPORATION COMMISSION: If required by law, the Contractor shall maintain a valid certificate of authority or registration to transact business in Virginia with the Virginia State Corporation Commission as required by Section 13.1 or Title 50 of the Code of Virginia, during the term of the Contract or any Contract renewal. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the terms of the contract. If the Contractor fails to remain in compliance with the provisions of this section, the contract may become void.

30. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, Bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

31. ANTI TRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the Owner all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust law of the United States and Orange County, relating to the particular goods or services purchased or acquired by the Owner under said contract. Consistent and continued tie bidding could cause rejection of bids by the Purchasing Agent and/or investigation for Anti-Trust violations.

32. PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty

(30) days after receipt of a proper invoice, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter.

a. Invoices for items/services ordered, delivered/performed and accepted shall be submitted by the Contractor directly to the department responsible for initiating the purchase order/contract. All invoices shall show the contract number, purchase order number, and any federal employer identification number.

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail.

33. PAYMENT TO SUBCONTRACTORS: A contractor awarded a contract under this solicitation is hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the Owner for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

b. To notify the Owner and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Owner, except for amounts withheld as stated in 2 above. The date of mailing of any payment by U.S.