COUNTY OF ORANGE, VIRGINIA

REQUEST FOR PROPOSAL #2026-04

ENVIRONMENTAL ENGINEERING SERVICES

ISSUE DATE: March 26, 2026

DUE DATE: May 8, 2026

TIME: 2:00 P.M.

RFP #: 2026-04

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 digital proposals for Professional Environmental Engineering Services for Orange County, VA. 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 emailed in no later than 2:00PM EST May 8, 2026 to Amanda Amos at aamos@orangecountyva.gov. Hard copies will not be accepted. Proposals should be in PDF format and shall not exceed 15 megabytes. It is the Offeror’s sole responsibility to ensure all information; including addendums are complete and delivered on time.

Orange County reserves the right to reject any and all proposals, to waive informalities, and to negotiate with the successful Offeror(s). If the Owner closes its office due to inclement weather, scheduled receipt of proposals will be extended to the next business day, same time.

Table of Contents (AA to update) Cover Page 1 Table of Contents 2 Introduction 3 Purpose & Intent 3 Background 3-4 Scope of Work 5 Additional Needs 5 Scheduling 5 Owner Responsibilities 5 Procedures for Ordering 5-6 Administration of Contract 6-7 Proposal Format 7-9 Submittal Instructions 9-10 Evaluation & Selection Criteria 10 Timeline 10 Contract Award 10-11 Appendix A: General Conditions & Instructions 12-26 Appendix B: Insurance Checklist (Return this page) 27 Appendix C: Non Collusion Statement (Return this page) 28 Appendix D: Offeror Data Sheet (Return this page) 29 Appendix E: Offeror Statement (Return this page) 30 Appendix F: SCC Form (Return this page) 31 Appendix G: Offeror Question Form (Return this page) 32 Appendix H: Proprietary Information (Return this page) 33

I. Introduction

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

“Contractor” and/or “Offeror”, to submit proposals for Professional Environmental Engineering Services for Orange County, Virginia on an as-needed basis. 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 to:

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

I. Purpose & Intent

a. The purpose and intent of this solicitation is to seek digital proposals from qualified firms to establish a contract, through competitive negotiations, to provide Professional Environmental Services relating to the Orange County Landfill, Airport, and all other county owned property on an as needed basis. The Owner reserves the right to award multiple contracts to the most qualified firm(s) as a result of this solicitation if deemed necessary. This solicitation is issued by the County of Orange, Virginia, on behalf of the Orange County Board of Supervisors, hereinafter referred to as “Owner.” The awarded firm(s) may also be expected to perform plan review assistance as needed.

b. It is the intent of the Owner to manage all environmental needs with ethics and integrity in order to be in full compliance and meet and/or exceed local, state, and federal requirements. The Landfill Director and/or Deputy County Administrator for Operations shall maintain final authority over the scope of work to be assigned to the Offeror.

II. 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 38,000. 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 Landfill Director, or a designated representative, who will coordinate the assistance to be provided by the County to the Offeror.

d. The Orange County Landfill currently holds two (2) landfills adjacent to each other under permits No.90 and Subtitle D Permit No. 566.

i. Permit No. 90: The Owner maintains an Assessment Monitoring Program at the Orange County Permit No.90 landfill. This landfill stopped accepting waste on June 30, 2013 and was officially closed October 1, 2014. On July 1, 2014 the Owner implemented semiannual groundwater monitoring at the location which consists of eight (8) compliance wells. The DEQ amended the facility’s permit for the Permit No. 90 landfill to incorporate the Corrective Action Plan on August 12, 2005. The revised permit requires semiannual corrective action monitoring events to be conducted for two (2) sentinel (MW-17 and MW-18) and three (3) performance wells (MW-3, MW- 5 and MW-11), in addition to one (1) upgradient compliance well (MW-2).

Potential services from Offeror include but are not limited to monitoring and reporting for corrective action activities, groundwater, landfill gas monitoring, providing training and guidance for environmental compliance, etc.

ii. Permit No. 566: The Owner began managing the Permit No. 566 landfill in

January 2013. The Owner submitted a wetlands demonstration to the DEQ on July 20, 2012, in accordance with 9VAC20-81-250.B.1.e, and petitioned to reduce the monitoring frequency from a quarterly to semiannual basis.

DEQ approved the demonstration on March 13, 2013. Six (6) compliance wells are monitored under the Detection Monitoring Program on a semiannual basis. Owner is required to provide stormwater management and reporting services related to Virginia Pollutant Elimination System (VPDES) Permit No.VAR051734. Potential services from Offeror include but are not limited to monitoring and reporting of groundwater, landfill gas, assisting in the expansion of future cells, providing training and guidance for environmental compliance, etc.

iii. Title V: Prepare and submit semi-annual monitoring reports, annual compliance certifications, and annual emissions reports in accordance with the Facility’s Title V Operating Permit No. NRO-32071. All reports shall be prepared based on the quantities of waste landfilled and submitted to DEQ and EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). Conduct Tier 2 testing to determine the facility’s site-specific Non-Methane Organic Compound (NMOC) concentration. In accordance with Title V Operating Permit, Limitation 1, the site-specific NMOC concentration must be retested at least once every five (5) years until the annual NMOC emissions rate is equal to or greater than 34 Mg/year or until the landfill is closed. The most recent Tier 2 test was completed in March 2026; therefore, the next Tier 2 test must be completed no later than March 31, 2031

e. The Orange County Airport is permitted through the Virginia Department of Environmental Quality (DEQ) to discharge stormwater off-site under Virginia Pollutant Discharge Elimination System (VPDES) General Permit No.

VAR050986. The permit was renewed on July 1, 2014, and expires on June 30, 2019. The airport is located at 11275 Aviation Way Orange, Virginia 22960.

Potential services from Offeror to include but are not limited to stormwater related activities, provide training and guidance for environmental compliance, etc.

III. Scope/Statement of Needs

a. Offeror should demonstrate experience with landfill monitoring and stormwater management, permitting, maintenance, etc.

b. Offeror should demonstrate successful experience/relationships working with environmental agencies, (ex. DEQ) and local staff.

c. Potential Task Orders may include the following activities: general engineering and consulting services related to stormwater, landfill gas, and groundwater;

monitoring events; local, state, and federal reporting requirements; professional responses to agency questions; laboratory analysis coordination, review, and reporting; training for local staff; and other tasks as requested.

IV. Additional Needs

a. Offeror shall include in their proposal any “cost savings” measures to each of the above mentioned tasks.

b. Offeror shall include any “limitations” in their proposal to each of the above mentioned tasks.

V. Scheduling

a. All tasks including but not limited to monitoring events and report submission must be performed to meet all regulatory requirements. Additionally, the Offeror will submit a complete calendar of scheduled events and report submission dates to the Landfill Director for annual review and approval.

VI. Owner Responsibilities

a. The Owner will assist Offeror by placing at its disposal all available information upon written request of the Firm pertinent to the Task Order, including previous reports and any other data relative to the Project.

b. Upon written request of the Offeror, the Owner will furnish to Offeror, as required for performance of Firm’s Task Orders, all as-built data on the project elements.

c. Upon written request of the Offeror, the Owner shall examine all studies, reports, sketches, drawings, proposals, and other documents presented by Offeror, obtain advice of an attorney, insurance counselor, and other consultants as the Owner deems appropriate for such examination, and render in writing, pertinent decisions within a reasonable time.

d. The Owner will provide prompt written notice to the Offeror whenever the Owner observes or otherwise becomes aware of any development that affects the scope of timing of the Firm’s services or any defect in the work under the resulting contract. However, failure of the Owner to detect or provide written notice shall not constitute a waiver of any of the Owner’s rights under the contract.

VII. Procedures for Ordering

a. The Owner or an authorized representative will request a lump sum fee or hourly rate proposal for each project. At its own expense, the Offeror shall visit the site and prepare a detailed lump sum or hourly rate (as applicable) proposal for accomplishing the work. Each project assignment for which the resulting contract shall be in force shall be described in detail as a separate Task Order and referenced as “Task Order No. _____”. Each Task Order description shall be prepared by the Offeror and shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules.

b. Each Task Order will be reviewed and approved in writing by the Owner prior to the Offeror initiating any work. The Owner may negotiate a suitable lump sum fee or a “not to exceed” amount with the Offeror. If any Task Order appears indefinite, unclear or contradictory, the Offeror shall consult with the Owner’s representative for interpretation and clarification prior to the Offeror’s commencement of work on that Task Order. The Offeror shall be responsible for conveying the interpretation and/or clarification of any Task Order to its employees, agents or subcontractors or sub-consultants. The Offeror shall be responsible for any work not expressly set out in any Task Order but which may be reasonably implied for proper completion of the Task Order.

c. Following successful negotiations, the Owner will prepare a purchase order for the agreed scope of work and fee proposal, incorporating by reference the terms and conditions of the resulting contract and forward to the Finance Division.

Once the Finance Division has processed the purchase order (and assigned a number) the Owner may authorize the Offeror to proceed with the work.

d. The method of deriving the cost of services for each Task Order shall be in accordance with County procedures and requirements using the negotiated Fee Schedule.

e. The Offeror shall not commence any work that has not been authorized by a written purchase order (or change order) executed by the Finance Division and without a written Notice to Proceed from the Owner’s representative. The Offeror assumes all risk and financial liability for any services rendered without such proper authorization.

f. Should additional services be requested beyond the scope of any executed Task Order, adjustments to the contract amounts shall be negotiated and a change order issued authorizing the additional work.

g. The Offeror’s services shall be considered complete upon satisfactory completion and acceptance by the Owner of the services outlined in the Task Order and all approvals from the Owner (if applicable), have been obtained.

VIII. Administration of Contract

a. Owner: The Owner shall designate a person to act as the Owner’s representative with respect to the services to be rendered under the resulting contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies and decisions with respect to materials, equipment, elements and systems pertinent to Offeror’s services.

b. The Orange County Solid Waste Committee may be required to assist the Owner representative in determining required services and making decisions with regard to the landfill’s operations.

c. Offeror: The Offeror shall designate an individual to act as the Offeror’s representative with respect to all services to be rendered under the resulting contract. This individual shall serve as the primary liaison with the Owner’s designated representative(s).This individual must be empowered with the authority to request information, make decisions and interpret and define Task Orders with respect to this contract.

d. The Offeror’s representative may be required, at a minimum, attend half (50%) of the scheduled Orange County Solid Waste Commission meetings annually. The Offeror’s attendance is required to inform the Commission on pertinent/relevant issues concerning the landfill, status of outstanding Task Orders and to provide technical and expert advice as may be required.

IX. 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. An authorized representative of the Offeror shall sign the proposals. All information requested should be submitted. Failure to submit all information requested may result in the Management Services Division requiring prompt submission of missing information and /or giving a lowered evaluation of the proposal. Proposals, which are substantially incomplete or lack key information, may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. 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 number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number should be repeated at the top of the next page. The proposal shall contain a table of contents and a separate table which cross-references the RFP requirements to proposal paragraphs.

Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or 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. The Offeror’s proposal should provide all the information, which it considers pertinent to its qualifications for the project and which respond to the Statement of Needs described.

d. Offeror shall submit, in a separate section of the Proposal, any information considered by the Offeror to be trade secrets or proprietary information, shall clearly identify the information as trade secrets or proprietary information and shall state the reason why protection is necessary. Offerors may not declare the entire proposal proprietary nor may they declare proposed pricing to be proprietary. References may be made within the body of the Proposal to proprietary information; however all information contained within the body of the proposal not in the separate section labeled proprietary shall be public information.

e. Specific Proposal Requirements. Offerors are required to submit the following items as a complete proposal:

1. Return of any addendum(s), acknowledgments, signed and completed as required.

ii. Information on the Offeror:

1. Expertise and experience of the Firm relative to the Scope contained in this RFP, also, include specialized experience and technical competence.

2. Geographic location of the Firm relative to Orange County. The

Offeror shall include the complete address of the office(s) proposed to handle the work. A table shall be included which lists the staff currently working at this office(s) who would support the Owner. A short synopsis of each individual’s experience and qualifications shall be included in the table.

3. Offeror should demonstrate successful experience/relationships working with environmental agencies, (ex. DEQ) and local staff.

iii. References. Offeror shall include a minimum of three (3) letters of reference that can attest to the Firm’s experience and qualifications, quality of work, timeliness and responsiveness to client needs. Include name, address, email address, contact person, and phone number for each reference. References shall have or had (within last two years) contracts with Offeror of size and scope specified in this RFP.

iv. Engineers, Personnel and Staff:

1. Organization chart depicting key personnel proposed for the project by assigned area(s) of responsibility, corporate affiliation and job title.

If a joint venture, include the subcontractor(s) in the organization chart and key personnel proposed for this project.

2. Names, qualifications and experience of personnel to be assigned to the contract. Identify specific roles played by the proposed team members on these projects. Include the length of time personnel have had with the contracting Firm.

3. Resumes of staff to be assigned to the contract to include the present and anticipated workload during the contract term.

v. Response to Statement of Needs:

1. Briefly outline the Firm’s approach to providing the required services, in particular: Offeror should demonstrate experience with landfill monitoring and stormwater management, permitting, maintenance, etc.

2. Provide a detailed explanation for any “exceptions” taken concerning the Statement of Needs, Special Terms or General Conditions.

3. Provide the Firm’s policies on Billing and Payments. Include protocol for attending meetings that may or may not be related to specific Task Orders.

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.

X. Submittal Instructions

a. Each Offeror shall submit a digital copy of their proposal to the Contract & Procurement Specialist. (aamos@orangecountyva.gov)

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

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

XI. Evaluation & Selection Criteria

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

i. Offeror’s expertise, qualifications, and experience in providing services of similar size and scope. (35 %)

ii. Offeror’s qualifications and experience of proposed personnel assigned to the contract including projected workload and ability to work in harmonious, non-adversarial relationships with the Owner.

(35 %)

iii. Quality and completeness of the proposal including impact of any exceptions taken regarding the Scope, Terms and Conditions, and Limitations (15 %)

iv. Demonstrated availability to Orange County (10 %)

v. References (5 %)

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.

XII. Tentative Timeline

a. Request for Proposal issued March 2026

b. Proposals due by April 2026

c. Selected Firm/s Interviewed (Approximately) May 2026

d. Contract Award (Approximately) June 2026

XIII. Contract Award

a. Competitive negotiation shall be conducted in accordance with § 2.2-4302.2. The Owner shall engage in individual discussion with two or more Offerors deemed fully qualified, responsible and suitable. However, repetitive informal interviews shall be permissible, if necessary. At the discussion stage the public body may discuss nonbinding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, nonbinding estimates of prices for services. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency 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 fair and reasonable price. Should the Owner 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.

b. The contract shall be for an initial one (1) year term from the date of execution.

Upon mutual consent, the County shall have the option to renew the contract up to three (3) additional one (1) year terms contingent upon need and availability of funds. The County reserves the right to enter into a contract with one (1) or more selected firm(s). The County provides no guarantee of the amount of work to be assigned to the selected firm(s) and reserves the right to utilize other firms for consulting and engineering work.

c. Per §2.2-4302.2 and § 2.2-4303.1 such contracts may be renewable for three (3) additional one (1) year terms at the option of the public body. The sum of all projects performed in a contract term shall not exceed $10 million, and the fee for any single project shall not exceed $2.5 million.

APPENDIX A: General Conditions and Instructions to Bidder(s)/Offeror(s)

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(s)/Offeror(s) 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 Bidder(s)/Offeror(s) 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: This solicitation is intended to permit competition. The Bidder(s)/Offeror(s) shall advise the Purchasing Agent in writing if any language, requirement, specification, etc. 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 and 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 and Procurement Specialist. Notifications regarding specifications may not be considered if received less than seven (7) business days prior to 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. The Owner reserves the right to decide, in its sole discretion, whether to reject any bid/proposal that has been modified.

5. LATE BIDS/PROPOSALS AND MODIFICATION OF BIDS/PROPOSALS: Any bid/proposal or modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/proposal or modification is considered a late bid/proposal or 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 timestamp clock in the Finance Department.

b. Late bids/proposals or modifications will be returned to the Bidder/Offeror UNOPENED, if solicitation number, acceptance date, and Bidder’s/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 same time on the next business day.

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, for this information to be protected from disclosure, the Bidder/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 Bidder/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 Bidder/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 Bidder/Offeror shall state the reasons why protection is necessary on a separate page of the proposal.

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

c. The County reserves the right to contact a Bidder/Offeror and request an explanation or clarification of why certain information is identified as a trade secret or proprietary information.

d. The Bidder/Offeror shall not identify the entire bid/proposal as trade secret or proprietary information.

7. WITHDRAWAL OF BIDS/PROPOSALS:

a. A Bidder/Offeror for a contract other than for public construction may request withdrawal of their bid/proposal upon written request sent to 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 and 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 worksheets, 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 if doing so would result in the awarding of the contract to 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 Invitations for Bid, 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 the bid/proposal otherwise, will not relieve the Bidder/Offeror. Bidder(s)/Offeror(s) are cautioned to recheck their bids/proposals for possible error. Errors discovered after public opening cannot be corrected and the Bidder/Offeror will be required to perform if 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 IFB/RFP Title Bid/Proposal due date and time

If a bid/proposal is not addressed with the information as shown above, the Bidder/Offeror takes the risk that the envelope 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.

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 bid/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 date and time fixed for the receipt of responses for Requests for Proposals, only the names of the Bidders/Offerors will be read and made available to the public.

All bids will be opened and read publicly at the time and place specified. Bid contents will be made public for the information of bidders and other interested parties who may be present. Bid tabulations shall be posted on the public bulletin board for a minimum of ten (10) days from the award date.

13. RESPONSE TO SOLICITATIONS: In the event a Bidder/Offeror cannot submit a bid on a solicitation, the Bidder/Offeror is requested to return the solicitation cover sheet with an explanation as to why the Bidder/Offeror is unable to bid on the requirements. Due to the large number of firms listed on the Owner’s Bidder’s List, it may be necessary to remove 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 their 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/Offeror is not thereby disqualified from quoting prices to other Bidder(s)/Offeror(s) 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, Bidder(s)/Offeror(s) certify that they are not currently debarred from submitting bids/proposals on contracts by Orange County, nor 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 Code of Virginia, 1950, as amended, shall be applicable to all contracts solicited or entered into by the Owner. By submitting their bids/proposals, all Bidder(s)/Offeror(s) 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 Procurement, 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/Offeror shall clearly and specifically indicate the product being offered and 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. 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/Offeror clearly indicates in its bid/proposal that the product offered is an “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/Offeror will be required to furnish articles in conformity with that specification.

21. OMISSIONS AND 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 appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications.

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. 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 an RFP will be to the highest qualified Offeror whose proposal is determined, in writing, to be the most advantageous to the Owner after consideration of 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. Awards 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/proposal if a Bidder/Offeror is deemed to be non-responsible.

24. ANNOUNCEMENT OF AWARD: Upon the award or announcement of the decision to award a contract resulting from this solicitation, the Contract and 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 reasonable investigations, as deemed necessary and proper, to determine the ability of the Bidder/Offeror to perform the work or furnish the item(s) and the Bidder/Offeror shall provide to the Owner all such information and data as may be requested for this purpose. 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 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 or 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. 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 by the laws of the Commonwealth 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, 1950, as amended, 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 canceled 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/Offerors 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 this 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, 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 later.

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 thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last.

However, this shall not affect offers of discounts for payment in less than thirty (30) days.

c. If payment is made by mail, the date of payment shall be the date of postmark.

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(s) for withholding payment. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Owner, except for amounts withheld as stated above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Owner.

34. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor, in whole or in part, without the written consent of the Purchasing Agent.

35. DEFAULT: If the Contractor fails to deliver goods or services in accordance with the contract terms and conditions, the Owner, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchases and administrative costs. This remedy shall be in addition to other remedies the Owner may have.

36. ANTI-DISCRIMINATION: By submitting their bids/proposals, Bidders/Offerors certify to the Owner that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and those applicable sections of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

In every contract over $10,000, the provisions below shall apply:

a. During the performance of this contract, the Contractor agrees as follows:

i. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post notices setting forth the provisions of this non-discrimination clause in conspicuous places, available to employees and applicants for employment.

ii. The Contractor will state, in all solicitations or advertisements for employment, that such Contractor is an equal opportunity employer.

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

b. The Contractor will include the provisions of Section a. (above) in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor.

37. INVOICES: Invoices for items ordered, delivered, and accepted shall be submitted by the Contractor directly to the department address requesting the purchase order/contract. All invoices must be approved by the appropriate department head and indicate the IFB/RFP number and/or purchase order number.

38. CONTRACT MODIFICATIONS: This contract may be modified in…