RFP26-2995-8LOC for Community Corrections & Recovery Court Recidivism Study.pdf

COUNTY OF HENRICO, VIRGINIA – Department of Finance, Purchasing Division 8600 Staples Mill Road / P.O. Box 90775 / Henrico, VA 23273-0775

Phone: (804)501-5660 Version 6.1.26

RFP No. 26-2995-8LOC

August 27, 2026 Request for Proposal (“RFP”)

Community Corrections & Recovery Court Recidivism Study

Your firm is invited to submit a proposal to provide Community Corrections & Recovery Court Recidivism Study in accordance with the enclosed Specifications and General Terms and Conditions.

Your firm’s proposal submittal, consisting of one (1) complete electronic copy and one (1) redacted electronic copy (if applicable) in a “pdf” format, will be received no later than September 25, 2026 at 11:30 a.m. by submission through the Commonwealth of Virginia’s electronic procurement platform eVA.

Time is of the essence, and any offeror that attempts to submit a proposal after the appointed hour for submission, will be unable to, because eVA automatically closes the solicitation at the appointed time. The time of receipt shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

Nothing herein is intended to exclude any responsible offeror or in any way restrain or restrict competition.

On the contrary, all responsible offerors are encouraged to submit proposals. The County of Henrico reserves the right to accept or reject any or all proposals submitted.

Pursuant to Henrico County Code Section 16-43, the award will be made by the Purchasing Director.

This RFP and any addenda are available on the County of Henrico website at:

http://henrico.gov/finance/divisions/purchasing, and on eVA at https://eva.virginia.gov/.

Should you have any questions concerning this RFP, please contact Leisel Collins at COL119@henrico.gov by no later than September 8, 2026.

Very truly yours, Leisel Collins, CPPB, VCO, VCA

Purchasing Manager about:blank http://henrico.gov/finance/divisions/purchasing https://eva.virginia.gov/ mailto:COL119@henrico.gov

TABLE OF CONTENTS

I. Introduction

A. Purpose

B. Background

II. Scope of Services

III. County Responsibilities

IV. Anticipated Procurement Schedule

V. Proposal Submission Requirements and Instructions

VI. Proposal Response Format

VII. Proposal Evaluation / Selection Process

VIII. General Contract Terms and Conditions

A. Annual Appropriations

B. Antitrust

C. Artificial Intelligence Systems Clause

D. Assignment of Contract

E. Authorization to Transact Business in the Commonwealth

F. Award of the Contract

G. Changes to the Contract

H. Collusion

I. Compensation

J. Controlling Law and Venue

K. County License Requirement

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

M. Employment Discrimination by Contractor Prohibited

N. Employment of Unauthorized Aliens Prohibited

O. Environmental Management

P. Ethics in Public Contracting

Q. Insurance Requirements

R. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and Employment Services Organizations

S. No Discrimination against Faith-Based Organizations

T. Nondiscrimination of Offeror

U. Occupational Safety & Health Policy Statement

V. Ownership of Deliverable and Related Products

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

X. Record Retention and Audits

Y. Safety

Z. Severability

AA. Subcontracts

BB. Successful Offeror’s Performance

CC. Taxes

DD. Termination by County

EE. Testing and Inspection

FF. Use of Forced and Child Labor Prohibited (VA Code § 2.2-4311.4)

IX. Special Contract Provisions

A. Continuity of Services

B. Cooperative Procurement

C. Indemnification

D. Warranty

X. Attachments

ATTACHMENT A – Proposal Signature Sheet

ATTACHMENT B – Business Category Classification Form

ATTACHMENT C – Virginia State Corporation Commission Registration Information

ATTACHMENT D – Proprietary/Confidential Information Identification

ATTACHMENT E – County of Henrico Insurance Specifications

ATTACHMENT G – Pricing / Cost Proposal

I. Introduction A. Purpose

The intent and purpose of this Request for Proposal (“RFP”), and the resulting contract, is to obtain services from a qualified firm to provide Community Corrections & Recovery Court Recidivism Study in accordance with the Scope of Services section of the solicitation.

B. Background

1. The Community Corrections Program works in conjunction with other government and community agencies to provide an alternative to incarceration through a range of probation and pretrial services for adults. Community Corrections seek to enhance public safety through community supervision guided by best practices. Henrico Community Corrections Program (CCP) was initially created and known as Henrico Community Diversion Initiative in 1983. In 1995, the name changed to Henrico Community Corrections Program (CCP). Henrico Recovery Court was created in 2003 and has operated continuously.

Recovery Court just celebrated its 66th graduation on January 23, 2026. Over 22 years, Recovery Court has graduated 310 participants.

2. Individuals referred for supervision are supervised according to risks and needs, based upon assessments and success plans, and referred to counseling and community resources.

Henrico Recovery Court provides intensive supervision and treatment, frequent judicial reviews, mandatory drug testing, aftercare and other rehabilitative services to individuals with substance use disorders.

II. Scope of Services

1. Henrico County Community Corrections Program (CCP) and Recovery Court is seeking to engage with a firm to conduct comprehensive recidivism analysis to examine outcomes for individuals placed on local probation through the District and Circuit Courts and participants who have completed the Recovery Court program. The analysis shall cover probation cases completed between July 1, 2019 and June 30, 2022, with a three-year follow-up, and Recovery Court cases completed between July 1, 2017 and June 30, 2022.

2. The Successful Offeror study shall examine outcomes for individuals placed by Courts in the Community Corrections and Recovery Court programs.

3. The Successful Offeror evaluation shall be tailored to integrate multiple data sources to measure re-offending rates and identify factors influencing outcomes. Interviews with past and current participants in both programs shall be utilized.

4. In addition to data cleaning and analysis, the study shall deliver tailored reports, in-person presentations, and optional services such as client surveys, focus groups, and benchmarking Recovery Court practices against national standards.

5. The study shall provide Henrico leaders with actionable findings to inform policy and practice decisions, improve the allocation of supervision and treatment resources, and enhance collaboration across the justice and behavioral health systems.

6. The Successful Offeror shall work with the Community Correction personnel to obtain permission from DCJS, Office of the Executive Secretary and Virginia State Police to access records for review.

III. County Responsibilities The County will designate an individual to act as the County’s representative with respect to the work to be performed under this contract. Such individual shall have the authority to transmit instructions, receive information, and interpret and define the County’s policies and decisions with respect to the contract.

IV. Anticipated Procurement Schedule

The following represents the timeline of the process currently anticipated by the County:

Request for Proposal Distributed August 27, 2026 Questions Due By September 8, 2026 Receive Written Proposals By 11:30 a.m. on September 25, 2026 Conduct Oral Interviews with Offerors October 21, 2026 Negotiations Completed October 2026 Award Contract November 2026

V. Proposal Submission Requirements and Instructions

A. The Purchasing Division will not accept oral proposals, nor proposals received by telephone, FAX machine, email or hard copy submissions. Proposals will only be accepted through eVA.

B. The Proposal Signature Sheet (Attachment A) must accompany any proposal(s) submitted and be signed by an authorized representative of the Offeror. If the Offeror is a firm or corporation, the Offeror must print the name and title of the individual executing the proposal. All information requested should be submitted. Failure to submit all information requested may result in the Purchasing Division requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

C. The time proposals are received shall be determined by the time clock in eVA. Offerors are responsible for ensuring that their proposals are submitted in eVA by the deadline indicated.

D. By submitting a proposal in response to this RFP, the Offeror represents it has read and understands the Scope of Services and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the Contract work.

E. The failure or omission of any offeror to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site, shall in no way relieve any offeror from any obligations with respect to its proposal or to the Contract.

F. Trade secrets or proprietary information submitted by an offeror in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of this section prior to or upon submission of data or materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. An Offeror may not designate as trade secrets or proprietary information (a) an entire proposal, (b) any portion of a proposal that does not contain trade secrets or proprietary information, or (c) line item prices or total proposal prices. (Va. Code § 2.2-4342(F)). (Attachment D)

G. A proposal may be modified or withdrawn by the Offeror any time prior to the time and date set for the receipt of proposals. The Offeror shall follow the process in eVA. No proposal can be withdrawn after the time set for the receipt of proposals and for 120 days thereafter.

H. Each offeror is responsible for determining that it has received all addenda or Questions & Answers (“Q&A”) issued by the Purchasing Division before submitting a proposal. If an addendum or Q&A is issued after an offeror has submitted a proposal response, the Offeror shall resubmit their proposal in the latest solicitation round in eVA. The County will only evaluate proposals submitted in the latest solicitation round in eVA.

I. Clarifications, Comments and Questions The County welcomes comments regarding how the RFP and scope of services may be improved. Offerors requesting clarification, interpretation of, or improvements to the RFP, shall submit technical questions in writing by no later than September 8, 2026. Any changes to this RFP shall be in the form of a written addendum issued by the Purchasing Division.

J. All proposals received on time pursuant to the provisions of this RFP shall be accepted for consideration. Proposals shall be open to public inspection only after award of the Contract.

K. Responsible Offeror Certification

1. “Responsible offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

2. In determining whether an offeror is responsible, the County will consider whether the Offeror has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Offeror for cause in the last five years; and whether Offeror or any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government agency.

3. As part of its proposal, the Offeror must certify that it has not defaulted on any government contract in the last five years or must explain any such default in reasonable detail. The County may deem any such explanation of default insufficient if it does not include contact information for the government on whose contract the Offeror defaulted.

4. As part of its submission, the Offeror must certify that no government has terminated a contract with the Offeror for cause in the last five years or must explain any such termination for cause in reasonable detail. The County may deem any such explanation of termination for cause insufficient if it does not include contact information for the government that terminated a contract with the Offeror for cause.

5. As part of its submission, the Offeror must certify that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If the Offeror cannot make such certification, the Offeror must explain any ban in reasonable detail. The County may deem any such explanation insufficient if it does not include contact information for the public body that barred the Offeror or the Offeror’s officer, director, partner, or owner from participating in any procurement on any federal, state, or local government body’s contract.

6. If the Offeror fails to submit certifications or explanations in accordance with this section, the Purchasing Division may require prompt submission of missing information and/or give a lowered evaluation of the proposal.

7. The Offeror must notify the County immediately if the Offeror discovers that its certification was erroneous when submitted or has become erroneous.

8. The fact that the Offeror defaulted on a government contract in the last five years; the fact that a government terminated a contract with the Offeror for cause in the past five years;

or the fact that the Offeror or any of its officers, directors, partners, or owners has been barred from bidding on contracts by any federal, state, or local government body will not necessarily result in the County deeming the Offeror nonresponsible.

9. If it is later determined that the Successful Offeror knowingly made a false certification, the County may terminate the contract for cause.

VI. Proposal Response Format A. Offerors shall submit a written proposal that presents the Offeror’s qualifications and understanding of the work to be performed. Offerors must address each evaluation criterion and be specific in presenting their qualifications. The proposal should provide all the information considered pertinent to the Offeror’s qualifications for this project.

B. The Offeror should include in its proposal the following:

1. Table of Contents

All pages are to be numbered.

2. Tab 1 – Introduction and Signed Forms In this tab, the following items should be provided:

a. Cover Letter – On company letterhead, signed by a person with the corporate authority to enter into contracts in the amount of the proposal.

b. Proposal Signature Sheet – Attachment A

c. Business Classification Form – Attachment B

d. Virginia State Corporation Commission Registration Information – Attachment C

e. Proprietary/Confidential Information – Attachment D

3. Tab 2 – Statement of the Scope In this tab, offerors, in concise terms, shall state their understanding of the Scope of Services requested by this RFP in Section II.

4. Tab 3 – Default, Termination and Barred Certification Statement Pursuant to Section V, Items L(3), L(4) and L(5), in this tab, offerors shall certify (i) that it has not defaulted on any government contract in the last five years, (ii) that no government has terminated a contract with the Offeror for cause in the last five years, and

(iii) that neither it nor any of its officers, directors, partners, or owners is currently barred from participating in any procurements by any federal, state, or local government body. If any of the aforementioned certifications cannot be made, offerors must explain in reasonable detail.

5. Tab 4 – Offerors Qualifications, Experience, and Financial Capacity In this tab, the offerors should demonstrate the Offeror’s and their staff’s qualifications and experience in providing the services as requested in this Request for Proposal (RFP).

Offerors should provide, at a minimum, documentation demonstrating that they’re a firm regularly engaged in providing services solicitated in this RFP. A copy of your firm’s latest audited financial statement;

6. Tab 5 – References

In this tab, the offerors should provide a minimum of three (3) references, which could attest to the Offeror’s past performance to provide services similar to those outlined in this RFP. The information provided should include contact person’s name, position, current telephone number and email address, the company for which the contact person worked, and the time period of the services performed.

7. Tab 6 – Service Approach

In this tab, offerors should provide a preliminary statement of work, in detail, their approach to fulfilling the scope of services being solicited in this RFP and demonstrate their compliance with the requirements of the Scope of Services.

8. Tab 7 – Pricing / Cost Proposal In this tab, offerors shall provide a completed Pricing / Cost Proposal (Attachment G) based on individual tasks per services proposed. The price shall include all costs associated with providing the service outlined in section II. of this RFP. Offerors may not propose a cost plus a percentage of cost contract pricing arrangement.

9. (if needed) Tab 8 – Exceptions In this tab, offerors shall list any exceptions taken to the Scope of Services, General Terms and Conditions, and Special Contract Provisions of this RFP. Unless specific exceptions are made and changes are mutually negotiated, all terms and conditions in the General Terms and Conditions, Special Contract Provisions, and Scope of Services of this RFP will be incorporated by reference in the resulting contract. If taking exception to any provision of the RFP, an offeror must clearly (1) identify which section of the RFP to which it takes exception (e.g., RFP page 16, Sec. VIII, General Contract Terms and Conditions – W.

Record Retention and Audits), and (2) state whether it is proposing deleting or modifying the County’s language; if the offeror proposes modifying the County’s language, the offeror must provide alternative language for the County’s consideration. Any agreed upon modifications to the standard terms and conditions in the RFP will be memorialized in a “Negotiated Modifications” exhibit to the resulting contract.

10. (if needed) Tab 9 – Assumptions In this tab, offerors shall list any assumptions made when responding to this RFP.

11. (if needed) Tab 10 – Appendices Optional for offerors who wish to submit additional material that will clarify their response.

VII. Proposal Evaluation / Selection Process Selection of the Successful Offeror will be based upon submission of proposals meeting the selection criteria. The minimum selection criteria will include:

Evaluation Criteria Weight Criterion #1 – Experience and Qualifications

(In accordance with Section VI, Item B.4., B.5., and B.6., this criterion considers the Offeror’s qualifications, experience, financial capabilities, and references of the Offeror overall experiences relative to the services solicited by this RFP as specified in Section II.)

Criterion #2 – Functional Requirements

25 (In accordance with Section VI, Item B.3. and B.9., this criterion considers the extent to which the Offeror’s proposal satisfies the services requested by this RFP as specified in Section II.)

Criterion #3 – Service Approach

25 (In accordance with Section VI, Item B.7., this criterion considers the Offeror’s approach to the services requested by this RFP as specified in Section II.)

Criterion #4 – Price (In accordance with Section VI, Item B.8., this criterion considers the Offeror’s pricing for completing the services requested by this RFP as specified in Section II.)

Criterion #5 – Quality of Proposal Submission / Oral Presentations (This criterion considers the overall quality of the Offeror’s proposal submitted and any oral presentations required.)

Total 100

For goods, nonprofessional services, and insurance, selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the RFP, including price if so stated in the RFP.

In the case of a proposal for information technology, as defined in Va. Code § 2.2-2006, the County shall not require an offeror to state in a proposal any exception to any liability provisions contained in the RFP.

However, when negotiations are conducted offerors shall state any exception to any liability provisions contained in the RFP in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation.

Price shall be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, the County shall select the offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that offeror. Should the County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

VIII. General Contract Terms and Conditions

A. Annual Appropriations1 The contract resulting from this procurement (“Contract”) shall be subject to annual appropriations by the Henrico County Board of Supervisors. Should the Board fail to appropriate funds for this Contract, the Contract shall be terminated when existing funds are exhausted. The Successful Offeror (“Successful Offeror” or “Contractor”) shall not be entitled to seek redress from the County or its elected officials, officers, agents, employees, or volunteers should the Board of Supervisors fail to make annual appropriations for the Contract.

B. Antitrust By entering into a contract, the Successful Offeror conveys, sells, assigns, and transfers to the County of Henrico, Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular services purchased or acquired by the County under the contract.

C. Artificial Intelligence Systems Clause The following terms apply to any artificial intelligence system, as defined in the Advancing American AI Act, section 7223(4) of Pub. L. 117-263 (“AI System”) provided or used in the Successful Offeror’s performance of this contract.

1. If the Successful Offeror will provide or use an AI System owned and/or operated by a third party (“Service Provider”) in the Successful Offeror’s performance of this contract, the Successful Offeror is responsible for ensuring that the AI System conforms with this clause and the County’s Artificial Intelligence (AI) Policy found at:

https://employees.henrico.gov/employment/policies/section13/#1309. All AI Systems must conform to Virginia and federal law.

2. The County retains full ownership of, and will own, all data, information, personally identifiable information, or content (collectively, “Data”) submitted to the AI System by, or on behalf of, the County, including but not limited to user prompts, queries, instructions, system prompts, source data, documents, knowledge bases, and any other information or content submitted to the AI System by, or on behalf of, the County.

3. The County retains full ownership of, and will own, all Data generated by the AI System with County Data or County usage context, including but not limited to responses, results, analyses, anonymized data, derivative data, metadata, logs, synthetic data, and any other output or action produced by the AI System but excluding technical system-level data that contains no County Data or County usage context, such as performance metrics, token counts, and processing times.

4. The County retains full ownership of, and will own, all Custom Developments. The Successful Offeror and Service Provider must dedicate Custom Developments to the County’s exclusive use and treat Custom Developments (and all associated Data) as the County’s confidential information. The Successful Offeror and Service Provider must not use, reproduce, or derive benefit from Custom Developments for any other purpose, or for any other party, without express written authorization from the County’s Department of

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

https://employees.henrico.gov/employment/policies/section13/#1309

Information Technology. The term “Custom Developments” means any design of or modifications, customizations, configurations, or enhancements to AI Systems or associated implementations or workflows, and any related work product or deliverables, in each case developed specifically for the County under this contract, including any modifications, customizations, configurations, or enhancements to AI Systems, or models as a result of model training or fine-tuning. The term “Custom Developments” excludes any background intellectual property existing prior to entry into this contract or developed independently by the Successful Offeror or Service Provider without use of or reference to the County’s confidential information or design specifications during the term of this contract.

5. The Successful Offeror must use the County’s Data only to perform the specific requirements of the contract; provide technical support and maintenance as required to perform this contract; and provide such other services as may be expressly authorized in writing by the County’s Department of Information Technology. County Data and County usage context must not be used to train the AI System or models.

6. To the extent the Successful Offeror or Service Provider obtains any intellectual property rights in County Data, or any improvements, enhancements, feedback, or derivative works thereof, the Successful Offeror assigns and transfers all such rights to the County effective immediately upon creation.

7. The Successful Offeror grants to the County an irrevocable, royalty-free, non-exclusive license to use the AI System for the duration of this contract for any lawful County purpose.

This license includes the right to (i) operate and access the AI System through agreed-upon methods; (ii) input and receive Data; (iii) allow authorized County personnel and contractors to use the AI System; and (iv) integrate the AI System with the County’s systems as necessary for any lawful County purpose (except that County systems may not be connected to AI Systems without prior written approval from the County’s Department of Information Technology). The AI System must not refuse to produce outputs or conduct analyses based on the Successful Offeror’s or Service Provider’s discretionary policies.

This requirement does not require retraining of the model or alteration of model weights.

8. The Successful Offeror and Service Provider must implement reasonable technical, administrative, physical, and organizational safeguards to protect County Data from loss, damage, destruction, unauthorized alteration, or corruption, and prevent its unauthorized, accidental, or unlawful access, disclosure, use, or processing.

9. The Successful Offeror and Service Provider must implement “eyes off” Data handling procedures that restrict human review of County Data except as strictly necessary to provide the AI System for performance of this contract or respond to incidents (including ensuring that any human access to County Data must be logged, justified, and limited to the minimum necessary for functionality), and such access must be transparently logged and visible to the County.

10. The Successful Offeror and Service Provider must comply with the following Data localization requirements. The Successful Offeror and Service Provider (i) must not remove or allow removal of any County Data from the agreed-upon premises or authorized services and (ii) must not transmit, store, take, or access County Data, or allow County Data to be transmitted, stored, taken, or accessed by any means outside the agreed-upon premises or authorized services, without express written consent from the County’s Department of Information Technology.

11. The Successful Offeror and Service Provider must implement and maintain appropriate technical and organizational measures to ensure that all County Data is logically segregated from the Data of any non-County customer or client and not commingled with Data of other customers or clients, and the Successful Offeror and Service Provider must provide adequate defense in depth through access controls, policy enforcement points, labeling, and/or encryption mechanisms and must perform continuous monitoring to protect against unauthorized access by external and internal threat actors, third parties, or disclosure resulting from human or machine error.

12. Upon completion, termination, or expiration of the contract, unless otherwise directed by the County in writing, the Successful Offeror and Service Provider must securely delete all County Data and any Custom Developments from the AI System and all its other systems and all copies, backups and derivatives thereof, and certify deletion to the County in writing.

13. The County retains full ownership of, and will own, all feedback provided by the County to the Successful Offeror and/or Service Provider with respect to the AI System or Custom Developments, regardless of whether feedback is provided by County personnel, the Successful Offeror, Service Provider, or through automated processes. If feedback includes County Data and/or confidential information, such feedback may not be used for system improvement or any other purposes (other than the performance of this contract).

14. The Successful Offeror must:

a. Disclose to the County all AI Systems used in performance of this contract.

b. Use only AI Systems developed and produced in the United States and that host all applications and data in the United States. The use of foreign AI Systems in the performance of this contract, including any AI components manufactured, developed, or controlled by non-U.S. entities, is prohibited.

c. Provide a means for the County to implement human oversight, intervention, and traceability (including disclaimers that the content was generated by an AI System). If the AI System uses intermediary processing (such as reasoning, retrieval, or agentic processes), the AI System must summarize intermediary steps from Data input to Data output and make this information accessible through Data output, audit trail, and the user interface, if applicable. At a minimum, the AI System must provide (i) summarized intermediate processing actions and decision points; (ii) model routing decisions with accompanying rationale; and (iii) retrieval methods employed, including complete source attribution with direct links and relevant excerpts from materials used in response generation.

d. Comply with Virginia’s security breach laws (including §§ 18.2-186.6 and 32.1- 127.1:05 of the Code of Virginia) in the event of any confirmed or suspected security incident.

D. Assignment of Contract A contract shall not be assignable by the Successful Offeror in whole or in part without the written consent of the County.

E. Authorization to Transact Business in the Commonwealth1

1. A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership or other business form must be authorized to transact business in the

Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

2. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its proposal the identification number issued to it by the State Corporation Commission (Attachment C). Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law must include in its proposal a statement describing why the Offeror is not required to be so authorized.

3. An Offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a written waiver is granted by the Purchasing Director, his designee, or the County Manager.

4. Any falsification or misrepresentation contained in the statement submitted by the Offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment by the County.

5. Any business entity described in subsection 1 that enters into a contract with a public body must not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract.

F. Award of the Contract

1. The County reserves the right to reject any or all proposals and to waive any informalities.

2. The Successful Offeror must, within fifteen (15) calendar days after Contract documents are presented for signature, execute and deliver to the Purchasing office the Contract documents and any other forms or bonds required by the RFP.

3. Notice of award or intent to award may also appear on the Purchasing Office website:

http://henrico.gov/finance/divisions/purchasing/.

G. Changes to the Contract The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the Contract goods and services, or within the same broad product or service categories as were included in the Contract award. Any increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract.

H. Collusion1 By submitting a proposal in response to this Request for Proposal, each Offeror represents that in the preparation and submission of this proposal, the Offeror did not, either directly or indirectly, enter into any combination or arrangement with any person, Offeror or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. § 1 et seq.) or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

I. Compensation

1. The Successful Offeror must submit a complete itemized invoice for services that are performed under the Contract. The Successful Offeror must include a unique identifying http://henrico.gov/finance/divisions/purchasing/ invoice number on each invoice. The County shall pay the Successful Offeror for satisfactory compliance with the Contract within forty-five (45) days after receipt of a proper invoice.

2. The County encourages the Successful Offeror to receive payments via ACH. The County utilizes a third-party payment network powered by Bank of America called Paymode-X.

This network allows the County to make ACH payments to vendors without retaining any financial information of that business. If interested, the Successful Offeror should visit https://www.paymode.com/henricocounty to register or for more information. The Successful Offeror should register each payment address where ACH payments will be received. Once registered with Paymode-X, the verification process takes up to two weeks before ACH payments begin. All payments until then are issued via check.

J. Controlling Law and Venue The Contract will be made, entered into, and shall be performed in the County and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflicts of law principles. Any dispute arising out of the Contract, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia.

K. County License Requirement1 If a business is located in the County, it is unlawful to conduct or engage in the business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your proposal submission. If your business is not located in the County, include a copy of your current business license with your proposal submission. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) 501-4310.

L. Drug-Free Workplace to be Maintained by the Contractor (VA. Code §2.2-4312)1

1. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

M. Employment Discrimination by Contractor Prohibited1

1. Contractor certifies to the County of Henrico, Virginia that it will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public https://www.paymode.com/henricocounty

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. (Code of Virginia, § 2.2- 4343.1E). During the performance of this Contract, the Contractor agrees as follows (Va.

Code § 2.2-4311):

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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 in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

2. The Contractor will include the provisions of the foregoing subparagraphs (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

N. Employment of Unauthorized Aliens Prohibited1 As required by Virginia Code §2.2-4311.1, the Contactor does not, and shall not during the performance of this agreement, in the County of Henrico, Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

O. Environmental Management The Successful Offeror must comply with all applicable federal, state, and local environmental regulations. The Successful Offeror is required to abide by the County’s Environmental Policy Statement: http://henrico.gov/pdfs/risk/env_policy.pdf which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. Employees of the Successful Offeror must be properly trained and have any necessary certifications to carry out environmental responsibilities. The Successful Offeror must immediately communicate any environmental concerns or incidents to the assigned County Project Manager and the County Risk Manager.

P. Ethics in Public Contracting1 Contractor certifies that its proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with its 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 http://henrico.gov/pdfs/risk/env_policy.pdf nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

Q. Insurance Requirements The Successful Offeror shall maintain insurance to protect itself and the County and the County’s elected officials, officers, agents, volunteers and employees from claims under the Workers' Compensation Act, and from any other claim for damages for personal injury, including death, and for damages to property which may arise from the provision of services under the Contract, whether such services are provided by the Successful Offeror or by any subcontractor or anyone directly employed by either of them. Such insurance shall conform to the Insurance Specifications.

(Attachment E).

R. Minority-, Woman-, Military Family-, Service Disabled Veteran-Owned, Small Business and Employment Services Organizations It is the policy of the County to actively seek out and provide contracting opportunities to minority- , woman-, military family-, service disabled veteran-owned, small businesses and employment services organizations in procurement transactions made by the County.

The County strongly encourages all suppliers to respond to Invitations for Bids and Request for Proposals and supports the use of minority, woman-, military family-, service disabled veteran-owned, small businesses and employment services organizations for sub-contracting opportunities.

All formal solicitations are posted on the Commonwealth of Virginia eVA and the County’s internet site at http://henrico.gov/finance/divisions/purchasing/ and may be viewed under the Bids and Proposals link. Construction related solicitations are located on eVA and County internet sites and on ProcureWare at https://henrico.procureware.com/home.

S. No Discrimination against Faith-Based Organizations1 The County does not discriminate against faith-based organizations as that term is defined in Va. Code § 2.2-4343.1.

T. Nondiscrimination of Offeror An offeror shall not be discriminated against in the solicitation or award of this Contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state or federal law, as may be applicable.

U. Occupational Safety & Health Policy Statement The Successful Offeror must comply with all applicable federal, state, and local occupational safety and health standards. The Successful Offeror is required to abide by the County’s Occupational Safety & Health Policy Statement:

https://henrico.gov/pdfs/risk/h_safety_policy.pdf which emphasizes maintaining a safe and healthy work environment for all employees, volunteers, and contractors who access County property and locations. The Successful Offeror must be properly trained and have any necessary certifications to carry out occupational safety and health policy responsibilities. The Successful Offeror must immediately communicate any concerns or incidents to the assigned County Project Manager and the County Risk Manager.

http://henrico.gov/finance/divisions/purchasing/ https://henrico.procureware.com/home https://henrico.gov/pdfs/risk/h_safety_policy.pdf

V. Ownership of Deliverable and Related Products

1. The County shall have all rights, title, and interest in or to all specified or unspecified interim and final products, work plans, project reports and/or presentations, data, documentation, computer programs and/or applications, and documentation developed or generated during the completion of this project, including, without limitation, unlimited rights to use, duplicate, modify, or disclose any part thereof, in any manner and for any purpose, and the right to permit or prohibit any other person, including the Successful Offeror, from doing so. To the extent that the Successful Offeror may be deemed at any time to have any of the foregoing rights, the Successful Offeror agrees to irrevocably assign and does hereby irrevocably assign such rights to the County.

2. The Successful Offeror is expressly prohibited from receiving additional payments or profit from the items referred to in this paragraph, other than that which is provided for in the general terms and conditions of the Contract.

3. This shall not preclude Offerors from submitting proposals, which may include innovative ownership approaches, in the best interest of the County.

W. Payment Clauses Required by Va. Code §2.2-43541

1. In the event that the Successful Offeror has not received payment from the County for work performed by a subcontractor under a construction contract, the Successful Offeror shall be liable for the entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced. The Successful Offeror shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract. However, in the event that the Successful Offeror withholds all or a part of the amount invoiced by the subcontractor under the terms of the contract, the Successful Offeror shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the party contracting with the Successful Offeror shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of the Successful Offeror’s receiving payment for amounts owed to that contractor.

2. The Successful Offeror awarded the contract for this project shall take one of the two following actions within seven (7) days after the receipt of amounts paid to the Successful Offeror by the County for work performed by the Successful Offeror's subcontractor(s) under the contract:

a. Pay the subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract;

or

b. Notify the County and subcontractor(s), in writing, of the Successful Offeror’s intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

3. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

4. The Successful Offeror shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

5. The Successful Offeror's obligation to pay an interest charge to a subcontractor(s) pursuant to the payment clause in this section shall not be construed to be an obligation of the County. A contract modification shall not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

X. Record Retention and Audits

1. The Successful Offeror shall retain, during the performance of the Contract and for a period of five years from the completion of the Contract, all records pertaining to the Successful Offeror’s proposal and any Contract awarded pursuant to this Request for Proposal.