County of Orange, Virginia

REQUEST FOR PROPOSALS 2026-05

AIRPORT ENGINEERING & CONSULTING SERVICES

ISSUE DATE: March 19, 2026

DUE DATE: May 1, 2026

TIME: 2:00 P.M.

RFP #: 2026-05

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

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

The purpose and intent of this Request for Proposal (RFP) is to seek digital proposals from qualified Offerors to establish a contract, through competitive negotiations, to provide airport planning, professional engineering advice and services relating to the Orange County Airport (KOMH). The Owner reserves the right to award multiple contracts to the most qualified Offeror(s) as a result of this solicitation if deemed necessary. This Request for Proposal is issued by the County of Orange, Virginia, on behalf of the Orange County Board of Supervisors, hereinafter referred to as “Owner.”

All proposals shall be emailed in no later than 2:00PM EST DATE 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.

This Request for Proposals and resulting contract(s) shall be consistent with and governed by the Orange County Procurement Policy and the Virginia Public Procurement Act (VPPA).

Table of Contents (AA-UPDATE LAST) Cover Page 1 Table of Contents 2 Purpose 3 Background 3 Statement of Needs 3-6 Owner’s Responsibilities 6 Procedure for Ordering Services 6-7 Administration of Contract 7 Term of Contract 7-8 Proposal Format 8-9 Submittal Instructions 9 Evaluation Criteria & Process 10 Award of Contract 10 Appendix A: General Conditions & Instructions 11-24 Appendix B: Special Terms & Conditions 25-63 Appendix C: Insurance Requirements (Return this page) 64 Appendix D: Non Collusion (Return this page) 65 Appendix E: Offeror Data Sheet (Return this page) 66 Appendix F: Offeror Statement (Return this page) 67 Appendix G: SCC Form (Return this page) 68 Appendix H: Offeror Question Form (Return this page) 69 Appendix I: Proprietary Information (Return this page) 70

I. PURPOSE

a. This Request for Proposal is issued by the County of Orange, Virginia, on behalf of the Orange County Board of Supervisors, hereinafter referred to as “Owner.”

The purpose and intent of this Request for Proposal (RFP) is to seek digital proposals from qualified Offerors to establish a contract, through competitive negotiations, to provide airport planning, professional engineering advice and services relating to the Orange County Airport (KOMH). The Owner reserves the right to award multiple contracts to the most qualified Offeror(s) as a result of this solicitation. All proposals shall comply with U.S. Department of Transportation, Federal Aviation Administration Advisory Circular No. 150/5100-14E dated September 30, 2014 and updated September 25, 2015. Offerors are advised that it’s the intent of the Owner to submit requests for federal and state (Virginia) funding grants for eligible work associated with the planning, design, construction, environmental assessments, development and construction projects, and improvement programs where applicable. Offerors must certify compliance with all applicable federal and state requirements to which the Owner is obligated as a result of receiving federal and state funding assistance. The selected Offeror(s) will coordinate the services to be provided through the Deputy County Administrator , or designee, and other agencies as may be directed.

II. BACKGROUND

The Orange County Airport (KOMH) is a general aviation public use airport that is located 3 miles northeast of the Town of Orange on State Route 20 The County is committed to providing a modern airport that will meet the needs of its citizens, keep pace with the general aviation market, and promote the County’s economic development. The County owns 24 T-hangars and 19 tie-down spaces to accommodate aircraft based at or visiting the airport. In addition, Tracey Corporation owns 18 T-hangars, which are leased to private citizens and businesses. In total, approximately 40 aircraft are currently based at Orange Airport.

III. STATEMENT OF NEEDS

a. The scope of services for projects assigned to the Offeror under any contract resulting from this RFP will vary according to the requirements generated during the term of the resulting contract. Each project shall be negotiated separately, and agreement embodied in a Task Order.The contracted Offeror shall perform professional engineering services on an as needed, task order basis. Services may include, but are not limited to the following:

i. Provide advice and guidance in the development of the Airport;

ii. Assist the Owner in the continuation of future planning;

iii. Accomplish general airport planning, design and construction phase services as appropriate;

iv. Serve as the Owner’s professional planning and engineering representative, representing the Owner in public meetings as requested;

v. Keep abreast of changing technology, laws, and regulations, and advise the Owner accordingly;

vi. Determine facilities’ requirements and utilization;

vii. Conduct feasibility studies for new, renovation and alteration projects;

viii. Prepare preliminary documents, working drawings and specifications;

ix. Conduct studies and audits for compliance with federal, state and local regulations;

x. Provide services related to new construction, renovation and alteration projects to include, but not limited to, planning, handicapped accessibility, project evaluation, electrical engineering, mechanical engineering, structural engineering, civil engineering and land survey and security to include, but not limited to, lighting;

xi. Administer construction contracts in accordance with applicable laws and regulations to include, but not limited to, interpreting requirements, monitoring performance to ensure compliance with contract requirements and to inspect, evaluate and make recommendations to the Owner for approval of construction;

xii. Conduct other types of professional services of a nature consistent with the purpose of this solicitation and resulting contract as so directed by the Owner;

b. Upon completion of each project, the Offeror shall provide the Owner with a complete set of reproducible project drawings and exhibits which were prepared for the accomplishment of the Task Order. CAD files shall also be furnished upon request of Owner.

c. The Offeror shall represent the Owner, as requested, in public meetings and other meetings for the Task Order and prepare necessary drawings and exhibits for presentation purposes.

d. The Offeror shall provide the services described in accordance with the policies established by the Owner, Federal Aviation Administration (“FAA”), the Virginia Department of Aviation (“DOAV”), and the Department of Transportation (DOT).

Additionally, the Offeror shall include all required local, state, and federal provisions in any subcontracts.

e. Additional Requirements and Responsibilities:

i. The Offeror shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all planning, design, drawings, specifications, reports and other services furnished by the Offeror or any employee, agent, or subcontractor of the Offeror under the resulting contract. The Offeror shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his or his employee’s, agent’s or subcontractor’s designs, drawings, specifications, reports and other services.

ii. Approval by the Owner, DOAV, or the FAA of drawings, designs, specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Offeror of its responsibility for the technical accuracy and adequacy of its work.

iii. The Offeror shall be and remain liable in accordance with applicable law for all damages to the Owner caused by the Offeror or any employee, agent or subcontractor of the Offeror, violation of any law, bylaw, ordinance, regulation or decree; the negligent performance of any of the services furnished or by error or omission act on the part of the Offeror, its employees, agents or subcontractors, causing personal injury, damages or violation of rights under the resulting contract, except for errors, omissions or other deficiencies to the extent attributable to the Owner or Owner-furnished data.

iv. The Offeror shall not be responsible for any time delays in the project caused by circumstances not reasonably foreseeable which are beyond the Offeror’s control. The Offeror shall give Owner prompt written notice whenever the Offeror becomes aware of any development that affects the timing of Offeror’s services.

v. The services to be performed by the Offeror under the resulting contract are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or create any duties on the part of the Owner toward any person or persons not a party to the contract including, but not limited to, any Offeror, subcontractor, supplier, or the agents, officers, employees, insurers or sureties of any of them.

vi. The Offeror may, on occasion, require the services of sub-consultants to perform specialized sub-tasks such as aerial, field, and property surveys, appraisals, subsurface investigation, material testing,

vii. photography, etc. The Offeror shall provide these services to the Owner in accordance with each specific Task Order as required. The Offeror shall provide the Owner with an executed waiver of mechanic’s lien for every sub-consultant at the time of billing for said services.

viii. The Offeror shall provide specifications for any construction project to include, but not limited to, a quality control plan as required by special conditions in the applicable grant agreement.

ix. The Offeror shall obtain all permits, approvals and consents necessary to complete any Task Order.

x. The Offeror shall assist in acquiring and administering all state and federal grants relating to the Orange County Airport.

IV. OWNER’S RESPONSIBILITIES

a. The Owner will assist Offeror by placing at its disposal all available information upon written request of the Offeror 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 Offeror’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 Offeror’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.

V. PROCEDURES FOR ORDERING SERVICES

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 and any participating funding agencies (FAA, DOAV, etc.) 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 Department.

Once the Finance Department 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/FAA/DOAV 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 Department 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 Federal, State and County agencies (as applicable), have been obtained.

VI. ADMINISTRATION OF CONTRACT

a. Owner:

i. 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. Offeror:

i. 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.

VII. TERM OF CONTRACT

a. The contract term shall be for a period of one (1) year. At the Owner’s option, the contract may be extended for three (3) additional one (1) year periods. The Fee Schedule may be adjusted at the end of the initial contract period (and at the end of each extension period, if applicable), upon mutual agreement of both parties. The adjustment to the fee schedule shall not exceed the percentage increase for the previous twelve (12) months in the Consumer Price Index, U.S.

Cities average, Other Services, as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should this index be superseded, the Owner reserves the right to select another appropriate index.

VIII. PROPOSAL FORMAT

a. An authorized representative of the Offeror/Offeror shall sign proposals. All information requested should be submitted. Failure to submit all information requested may result in a lower evaluation and or the proposal deemed non-responsive and may be rejected. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation. 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.

b. 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.

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

i. All addendums.

ii. Information on the Offeror.

1. Expertise and experience of the Offeror relative to the Statement of Needs contained in this RFP. Include specialized experience and technical competence as it pertains to FAA and Commonwealth of Virginia grant procedures and acquisition requirements, airport design standards, environmental considerations and master planning criteria.

2. Geographic location of the Offeror 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. References. Offeror shall include a minimum of three (3) letters of reference that can attest to the Offeror’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.

iii. 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 Offeror.

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

iv. Response to Statement of Needs

1. Briefly outline the Offeror’s approach to providing the required services.

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

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

IX. SUBMITTAL INSTRUCTIONS

a. In order to be considered for selection, Offerors must submit a complete response to this RFP. Digital copies should be emailed to the Contract & Procurement Specialist by the due date listed. Late responses will be considered non-responsive.

aamos@orangecountyva.gov

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

X. EVALUATION CRITERIA & PROCESS

An evaluation committee will review all proposals and evaluate them on the following criteria.

Evaluation Criteria:

a. Offeror’s expertise, qualifications, and experience in providing services of similar size and scope (30 pts.).

b. Experience with FAA, DOAV and Commonwealth of Virginia grant procedures, land acquisition requirements, airport design standards, environmental considerations and master planning criteria (30 pts.).

c. Qualifications and experience of proposed personnel assigned to the contract including projected workload (20 pts.).

d. Quality and completeness of Proposal including impact of any exceptions taken regarding the Statement of Needs, Special Terms and General Conditions (20 pts.).

XI. TIMELINE

a. Request for Proposal issued March 2026

b. Proposals due by May 2026

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

d. Contract Award (Approximately) June 2026

XII. AWARD OF CONTRACT

a. The Owner shall engage in competitive negotiation as outlined in § 2.2-4302.2.

b. 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. It is, however, the Owner’s intention to award a contract to more than one Offeror for the services described in this solicitation.

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 any of the following ways:

a. The parties may agree to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

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

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

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

c. No modification for a fixed…