WCPS RFP-2.pdf

REQUEST FOR PROPOSALS

Warren County Public Schools, Virginia

Finance & Purchasing Department

Title: Substitute Staffing & Management Services

Issue Date: March 25th, 2024

Issuing Agency: Warren County Public Schools, Virginia

210 N. Commerce Avenue, Front

Royal, VA 22630

Warren County Public Schools (hereinafter "WCPS") is currently seeking qualified Offeror(s) to provide substitute staffing services for teachers, teacher specialists, clerical positions and paraprofessionals. WCPS invites any qualified Offeror to respond to this RFP by submitting a proposal consistent with the terms and conditions herein set forth. Final scope of services will be negotiated with the successful Offeror.

Interested firms are asked to submit one (1) original and five (5) copies of sealed proposals to the

Warren County Public Schools Human Resources Department OR through the eVA portal.

Proposals will be received until no later than 2:00 P.M., EDT, April 9th, 2024. Any proposal received after the specified date and time will not be considered and will be date and time stamped, marked late and kept in the procurement file unopened. No responsibility will be attached to any

County personnel for the premature opening of a proposal not properly addressed and identified on the outside of a sealed envelope. All potential offerors must either be registered in eVA or actively becoming a registered vendor.

Direct All Inquiries for Information in Writing: Jody Lee, jlee@wcps.k12.va.us no later than 5 days prior to proposal due date. No questions will be answered by phone.

This procurement is governed by the Virginia Public Procurement Act (VPPA) and all terms and conditions are made a part of this solicitation and resulting public contract.

This public body does not discriminate against faith-based organizations in accordance with the

Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment.

I. PURPOSE AND GENERAL INFORMATION:

The purpose of this Request for Proposal (RFP) is to solicit proposals pursuant to Virginia Code § 2.24302.2 for a qualified firm to provide substitute staffing services for teachers and teacher specialists including paraprofessionals. Our intent is to negotiate a contract that shall include recruiting, training, onboarding requirements, to include fingerprinting as a pass-through cost, and background checks including Child

Protection Services in accordance with Virginia statutes and division policy for employment.

Location Where Work Will Be Performed: All Warren County Public Schools, Virginia.

II. BACKGROUND

Warren County Public Schools (WCPS) serves more than 5,000 students. WCPS has 11 schools, including two high schools, two middle schools, nine elementary schools, one career technical center, and one non-traditional school. Warren County Public Schools (WCPS) currently utilizes an average of 9,500 absences per year, 225 clerical absences per year, and 3300 paraprofessional absences per year.

III. STATEMENT OF NEED:

WCPS seeks a qualified firm with expertise in recruiting, managing, operating, and employing substitute teachers, clerical, and substitute paraprofessional staff (collectively “substitute personnel”). The firm will employ the substitute personnel, including performing background checks, managing benefits, securing the necessary insurance protection such as workers’ compensation insurance, and administering payroll. WCPS requires substitute personnel to for both short- and long-term assignments.

The needs of WCPS may increase or decrease during the school year(s) and the successful offeror will demonstrate in its proposal how it will meet the ongoing and changing WCPS staffing needs. WCPS reserves the right to enter into an employment relationship with any substitute personnel provided to WCPS by the Offeror. A. The

Offeror shall:

1. Provide Full-Service Substitute Staffing Services. "Full-Service" means Offeror will staff and manage all substitute assignments for designated employee types.

2. Comply with all applicable federal and state laws, rules and regulations, including, but not limited to wage and hour requirements.

3. Offeror will extend employment opportunities to the WCPS's contracted substitute employees in good standing.

4. Offeror will train substitute personnel regarding blood borne pathogens, Child Protection Services, sexual harassment prevention, how to recognize and respond to cases of neglect and abuse, and various

WCPS policies.

5. Advise substitute personnel regarding and require substitute personnel to comply with all rules, regulations and policies of the WCPS.

6. Undertake the sole responsibility to compensate its employees, including providing for all applicable employer taxes and workers' compensation.

B. Prior to being assigned to fulfill a substitute personnel role at WCPS, Substitute Personnel must:

1. Hold any and all valid licenses and certifications required by state law pertaining to public school employment.

2. Complete any consumer and criminal background checks required by the Virginia Code and WCPS policy,

3. Undergo TB testing pursuant to state law.

4. Be qualified as stipulated within this RFP.

5. Be thoroughly trained and qualified, and capable of performing the work assigned to them.

6. Be able to effectively communicate with the staff and students in the English language.

7. Report to work at WCPS in appropriate professional dress and demeanor.

8. All proposals must include template job descriptions for:

a. Teacher

b. Instructional Assistant

9. All proposals must include description of recruiting, hiring, credentialing, training and retention service:

a. Describe the recruiting, hiring, and credentialing process

b. Give a detailed explanation of your training program for all newly hired and transitioning substitute teachers and substitute paraprofessionals; including technology assessment and skills to provide virtual instruction.

c. Describe the disciplinary process should a staff member no longer be a fit for the division.

d. Describe how you retain your substitute staff.

e. Confirm whether your Company will hire substitutes currently employed by the division.

10. Description of transition process from WCPS current system to offeror’s program:

a. Transition of WCPS Substitute Employees

b. Software integration, timeline, and training WCPS teachers, building personnel, and substitutes.

11. Provide pertinent financial data, which demonstrates your firm's capability to successfully perform on this project. This shall include information on the financial stability of the firm: e.g. annual financial reports, statements, and credit bureau ratings.

12. Describe your automated reporting/billing system. Describe your typical billing terms.

13. Describe your management reports focused on staffing performance.

14. Provide information detailing any additional services that your Company can offer, including services for a live online instructional model for an easy-to-use virtual classroom.

IV. INSTRUCTIONS TO OFFERORS

A. The Offeror must demonstrate in its Proposal and any subsequent discussions with WCPS that it has a clear understanding of WCPS's needs and proposed approach to the Work as set forth in the RFP;

B. The Offeror must possess the ability, experience, capabilities, skill and financial resources to perform the

Work and fulfill the requirements under a resulting Contract on a timely basis;

C. The Offeror must have performed satisfactorily in previous contracts of similar size and scope with WCPS and/or other organizations, especially school divisions and local municipal governments.

D. If the Offeror has not performed a contract of similar size and scope, the Offeror and/or its team members must demonstrate its capability to perform the Work set forth in the RFP and fulfill the requirements under a

Contract resulting from the RFP;

E. The Offeror, its employees and its independent contractors must be properly licensed under applicable federal, state, and local laws;

F. The qualifications, technical experience and availability of the personnel who will be assigned to the

Contract demonstrate the expertise required for this project; and

G. The Offeror must possess a demonstrated knowledge of all federal, state, and WCPS laws, codes, regulations, and policies relating to or applicable to the scope of work set forth in this solicitation.

H. Each Offeror shall provide a statement and discussion of the requirements as they are analyzed by the

Offeror. Each Offeror shall propose a definitive Scope of Work with explanation of technical approaches and a detailed outline of the proposed process for executing the requirements of the scope and achieving the objectives of this Request for Proposal.

I. Each Offeror shall provide details of a sample training/professional development plan, if applicable.

J. Prospective Offerors should submit, at a minimum, the length of time in the business, corporate experience, strengths in the industry, business philosophy, and a description of the organizational structure; a description of the organizational structure of the management and operation of the services requested and /or provision of the items referred to in this RFP, including an organizational chart denoting all positions and the number of personnel in each position.

K. The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFP. Each Offeror shall provide a current annual financial report and the previous year's report and a statement regarding any recent or foreseeable mergers or acquisitions.

L. Offeror's owners, officers, employees or agents, or their immediate family members, is currently, or has been in the past year an employee of WCPS or has any responsibility or authority with the Parties that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to either or both entities. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 4 of this RFP apply.

M. The offeror should submit a cost proposal, which shall include any proposed fees for print resources, ancillary materials, and associated services. Offerors should list areas of additional capabilities and services with rates for each service, if applicable.

N. The ability, capacity and skill of the Offeror to provide the services and/or items described in this RFP and in a prompt and timely manner without delay or interference shall be considered and evaluated.

O. The character, integrity, reputation, judgement, experience, efficiency and effectiveness of the Offeror.

P. The quality and timeliness of performance of previous contracts or services of the nature described in this

RFP.

Q. Compliance by the Offeror with laws and ordinances regarding prior contracts, purchases or services.

R. Vendors requiring print resources and ancillary materials returned after evaluation should so state in their proposal and provide prepaid shipping labels for those returns.

S. Provide a description of Offeror’s substitute pool, including but not limited to:

a. How many substitutes do you place? How many substitutes do you employ? Information detailing successful placement/fill rates to include the processes/strategies, systems and best practices to accomplish these actions.

b. Sample quarterly reports for plans of size and scope similar to WCPS's plans. This section is limited to fifteen (15) single spaced, 12 font pages exclusive of the samples of the reports.

T. Offeror must have at least five (5) years of experience providing full-service substitute teacher and substitute paraprofessional services to public school divisions. Offeror should demonstrate experience with school divisions of similar size as Warren County Public Schools in terms of student enrollment and number of teaching staff members.

U. Proposals should be thorough and detailed so that the Evaluation Committee may properly evaluate the

Offeror’s capabilities to provide the required services. Failure to do so could result in a lower evaluation score.

V. List a minimum of three (3) educational/institutional contracts providing similar services during the past five (5) years. Include names, titles, phone numbers and valid email addresses. Provide a brief outline of each contract with information regarding services performed and any other information deemed relevant.

W. List any contracts which have been terminated early or upon renewal within the past five (5) years.

Explain the reason for early termination or non-renewal and include contact names, titles, phone numbers and email addresses.

V. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

In order to be considered for selection, Offeror must submit a complete response to this RFP. One (1) original and five (5) copies of each proposal must be submitted if submitting a paper response.

A. Proposal Preparation

1. Proposal signed by an authorized representative of the Offeror.

2. All information requested is submitted.

3. Information not submitted may result in:

a. Prompt submission of missing information

b. Lower evaluation of the proposal

c. Rejection of the proposal

4. Completeness and clarity of content.

5. Organized in the order in which the requirements are presented in the RFP.

6. All pages numbered.

7. Paragraphs should be referenced to paragraph number and sub letter in RFP.

8. Table of Contents which cross-references the RFP requirements.

9. Response to “must” and “shall” items.

10. Nonrelated requirements, “Required Signature Pages” placed at the end.

11. Each copy of the proposal including attachments should be bound in a single volume with no loose or unbound material.

12. If proprietary information is included, a written notice must specifically identify the page number and data or materials to be protected and state the reason why protection is necessary. The specific proprietary information must be identified by a distinct method. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

13. Provide documentation that the firm is licensed under the applicable laws of the Commonwealth of Virginia and Warren County Public Schools. Foreign (out of state) corporations desiring to transact business in the Commonwealth of Virginia must register with the State Corporation

Commission in accordance with Title 13.1 of the Code of Virginia. Proof of registration, or proof of application for such registration, should be provided with the proposal.

14. Outermost envelope shall be marked, “SUBSTITUTE STAFFING AND MANAGEMENT

SERVICES”.

B. Specific Proposal Preparation Instructions

1. COVER LETTER & SIGNED ADDENDA: Include a cover letter to introduce the Offeror’s company, including a brief history; and include addendum acknowledgements, if any, signed and filled out as required.

2. REQUIRED SIGNATURE FORMS (Attachment A-I)

3. WRITTEN NARRATIVE STATEMENT: The Offeror should include a detailed description of the process of how they will provide each of the services listed in the Statement of Needs.

4. QUALIFICATIONS: Provide a description of the Offeror’s experience, background and qualifications, including the experience, background and qualifications of the staff members who will serve as the point of contact and emergency or after-hours point of contact.

5. PRICING: Describe proposed fee proposal/structure, based on WCPS's pay. Must use the staffing wages provided in developing their proposal. Alternative fee structures based on rates that you recommend may be provided.

The fee structure must include any costs outside of the wages to include administrative costs, service fees, implementation fees.

Substitute Position Example Daily Pay Rate Offeror Pricing per Substitute per day

Daily Substitute Teacher Daily Substitute Paraprofessional Long Term Assignments for teachers

$75.00 per full day $85.00 per full day $100.00 per full day

$_______________per full day $_______________per full day $_______________per full day

Amount of Substitute Assignments in 2022-2023

Average Fill Rates Estimated funds used to support substitute management in 2022-23

9837 66% $1,900,000.00

VI. EVALUATION FACTORS & SELECTION PROCESS

Proposals that pass the preliminary screening will be evaluated and scored on the basis of the following factors, numerical value, and weight:

NUMERICAL

VALUE

(1=least, 10= most)

SCORE WEIGHT WEIGHTED

EVALUATION

Company Details and References:

Considers the Offeror's financial viability, stability, performance, and experience. The Offeror provided a reference list of five (5) substitute staffing contracts with [State] school divisions currently providing substitute teacher and paraprofessional staffing services.

1-10 20

Management Services:

Considers Offeror's ability to provide services, operational efficiency, and program management capabilities. Analysis of the absence data that identifies opportunities for improvement.

1-10 30

Technical Elements:

Consider the Offeror's program overview, resources, systems, procedures, processes, recruiting, hiring practices, compliance, retention, human resources, training, and technology. A detailed explanation of solutions to specific challenges identified.

1-10 20

Start-Up/Transition Plan:

Is the plan customized and detailed from pre-planning, through the start

1-10 10 of the contract, and continued through engagement? Did the

Offeror detail the additional management and resources they will be providing as well as the startup tasks?

Financial Proposal:

What is the cost of the program proposed and its impact upon the division's operating budget? How do they compare among Offerors?

1-10 20

TOTAL:

SELECTION PROCEDURES

Warren County Public Schools shall engage in individual discussions with one or more Offerors deemed fully qualified and responsible, and suitable on the basis of initial responses, with emphasis on professional competence, to provide the required services. Such Offerors shall be encouraged to elaborate on their qualifications and to answer questions during a presentation lasting approximately one hour.

Following these discussions, on the basis of the Evaluation Factors listed in this request and all information developed in the selection process to this point, Warren County Public Schools shall rank those Offerors whose professional qualifications are deemed most meritorious. Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to Warren County Public

Schools can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror.

If not, negotiations with the Offeror ranked first shall be formally terminated and negotiations shall commence with the Offeror ranked second, and so on until a contract can be negotiated at a fair and reasonable price. Should Warren County Public Schools determine 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.

VII. GENERAL TERMS AND CONDITIONS:

PROCUREMENT REQUIREMENTS AND MANDATORY CONTRACT TERMS

I. REQUIREMENTS APPLICABLE TO ALL PROCUREMENTS

MANDATORY USE OF COUNTY FORMS AND TERMS: Failure to utilize the official County forms provided for responding to a procurement solicitation shall be cause for rejecting the submission. Modifications of or additions to any portion of Warren County Public School’s forms or the terms of the solicitation may also be cause for rejecting the submission. Warren County Public Schools reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a submission as nonresponsive.

CLARIFICATION OF TERMS: Questions about the specifications or other solicitation documents should be submitted in writing to Warren County Public Schools by the deadline specified in the procurement schedule.

Any revisions to the solicitation will be made only by written addendum issued by Warren County Public

Schools.

QUALIFICATIONS: Warren County Public Schools may investigate the ability of the bidder/offeror to perform under the contract being procured and may request information and data for this purpose. Warren County Public

Schools reserves the right to visit physical facilities prior to award to satisfy questions regarding such capabilities.

Warren County Public Schools further reserves the right to reject any bid or proposal if it concludes that the bidder/offeror is not properly-qualified to carry out the obligations of the contract.

CONTRACTOR LICENSING: Potential contractors are required to comply with all applicable licensing requirements for contractors as set forth in Virginia Code § 54.1-1100, as amended.

STATE CORPORATION COMMISSION (SCC) IDENTIFICATION NUMBER: A bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid/proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or

Title 50 or as otherwise required by law is required to include in its bid/ proposal a statement describing why the bidder/offeror is not required to be so authorized.

BID BONDS:

1. All bids/proposals for non-transportation-related construction contracts in excess of $500,000 and transportation-related construction projects authorized under Code of Virginia, § 33.2-208, et seq., that are in excess of $350,000 and partially or wholly funded by the Commonwealth of Virginia shall be accompanied by a bid bond from a surety company which is legally authorized to do business in Virginia as a guaranty that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed 5% of the amount bid. No forfeiture under a bid bond shall exceed the lesser of the difference between the bid for which the bond was written and the next low bid or the face amount of the bid bond. In lieu of a bid bond, a certified check, cashier’s check, or cash escrow in the face amount requirement for the bond.

2. A bid bond may be required for construction contracts and other contracts which fall outside the scope of this section. Please refer to Warren County Public School’s procurement solicitation for any additional bonding requirements, which are incorporated herein by reference.

TRANSPORTATION AND PACKAGING: By submitting a bid/proposal, each bidder/offeror certifies and warrants that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

TESTING AND INSPECTION: Warren County Public School’s reserves the right to conduct any test or inspection it deems advisable to assure goods and services conform to the specifications.

USE OF BRAND NAMES: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which Warren County Public School’s, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible for clearly and specifically identifying the product being offered and providing sufficient descriptive literature, catalog cuts and technical detail to enable Warren County Public School’s 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. Failure to furnish adequate data for evaluation purposes may result in a finding of nonresponsiveness.

ETHICS IN PUBLIC CONTRACTING: By submitting a bid/proposal, each bidder/offeror certifies that their bid/proposal is made without collusion or fraud and that they have no offered or received kickbacks or inducements from another 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 great value was exchanged.

NONDISCRIMINATION BY COUNTY: A bidder, offeror, or contractor 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 law relating to discrimination in employment.

DEBARMENT STATUS: By submitting a bid or proposal, the bidder or offeror certifies that they are not currently debarred by the Commonwealth of Virginia or Warren County Public School’s from participating in this procurement and that they are not an agent of any person or entity that is currently debarred by the Commonwealth of Virginia or Warren County Public Schools.

PRICE CURRENCY: All prices shall be stated in US dollars.

INFORMALITIES: Warren County Public Schools reserves the right to waive informalities. "Informality" means a minor defect or variation from the exact requirements of an Invitation to Bid or Request for Proposal that does not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

CANCELLATION: Warren County Public Schools may cancel or reject an Invitation to Bid, Request for Proposal, other solicitation, and any bids and proposals submitted in response thereto.

INSPECTION OF SOLICITATION DOCUMENTS AND JOB SITE: The signature of the bidder/offeror on their bid/proposal certifies that they have inspected all documents associated with this procurement solicitation and the job site and are fully aware of the conditions under which the project or work must be accomplished. Warren County Public

Schools will not consider any claims arising from the failure to inspect the solicitation documents or job site.

eVA ORDERS AND CONTRACTS: This solicitation may result in one or multiple purchase orders with the applicable eVA transaction fee assessed for each order. Potential contractors desiring to provide goods or services to Warren County

Public Schools shall participate in the eVA Internet e-procurement solution. If this solicitation is for a term contract, the failure by a potential contractor to provide an electronic catalog (price list) or index page catalog for items being procured may result in rejection of the bid by Warren County Public Schools.

ANNOUNCEMENT OF AWARD: Warren County Public Schools will post notice of the award or announcing the decision to award a contract as a result of this solicitation in eVA (www.eva.virginia.gov).

IDENTIFICATION OF BID/PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed, and identified as follows:

From:

Name of Bidder/Offeror Due Date Time

Street or Box Number IFB No./RFP No.

City, State, Zip Code IFB/RFP Title

Licensed Class A Virginia Contractor No. Specialty

Licensed Class B Virginia Contractor No. Specialty

Licensed Class C Virginia Contractor No. Specialty

Virginia SCC Entity ID:

DSBSD-Certified Micro Business or Small Business No.

Name of Contract/Purchase Officer or Buyer

II. ADDITIONAL PROVISIONS APPLICABLE TO FOR INVITATIONS TO BID

BID ACCEPTANCE PERIOD: Any bid submitted in response to an Invitation to Bid shall be valid for a period of 30 days following the opening of bids. At the end of the 30 day-period, the bid may be withdrawn at the written request of the bidder. Otherwise, the bid remains in effect until an award is made or the solicitation is canceled.

BID EVALUATION AND AWARD PROCEDURE: Net pricing is used to evaluate bids unless provided otherwise in the Invitation to Bid. The contract is typically awarded to the lowest responsive and responsible bidder. Warren County reserves the right to award multiple contracts in response to an Invitation to Bid.

TIE BIDS: In the case of a tie bid, preference is given to goods, services and construction produced in the County or provided by persons, firms or corporations whose principal place of business is in the County, if such a choice is available.

Otherwise, the tie is decided by lot unless the provisions of the Code of Virginia, § 2.2-4324, apply.

NEGOTIATION WITH THE LOWEST BIDDER: When the low bid exceeds budgeted funds, Warren County Public

Schools may negotiate with the low bidder to attempt to obtain a contract price within the budged funds available.

Negotiations may include modification of the bid amount, scope of work, and/or specifications.

III. ADDITIONAL PROVISONS APPLICABLE TO REQUESTS FOR PROPOSALS

PROPOSAL EVALUATION AND AWARD PROCEDURE:

1. For professional services, Warren County Public Schools evaluates the proposals based solely on professional competence. Interviews are scheduled with at least the two offerors ranked highest. In these interviews, the parties can discuss professional qualifications, the project under consideration, the project cost, and offerors can be asked to provide a nonbinding estimate of the cost of their services. After the interviews, Warren County Public Schools ranks the proposals and enters into contract negotiations with the highest-ranking offeror. If a contract can be negotiated with that offeror at a fair and reasonable price, then the contract is awarded. Otherwise, negotiations are terminated with the first offeror, and Warren County Public Schools moves on to the next-ranked offeror until a contract can be awarded.

2. For goods, construction, and nonprofessional services, Warren County Public Schools ranks proposals by price and any other specifications set forth in the Request for Proposals. Interviews are conducted with at least the two offerors ranked highest. Binding prices are obtained during the interviews. After the interviews are complete, the contract is awarded to the offeror submitting with the best proposal.

3. If Warren County Public Schools determines in writing that one offeror is clearly more qualified than all others, the interviews mentioned above may be dispensed with and Warren County Public Schools may commence contract negotiations with the offeror so designated.

IV. MANDATORY CONTRACT TERMS

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if required under

Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. Warren County Public

Schools may void this contract if Contractor fails to remain in compliance with the provisions of this section.

ANTI-DISCRIMINATION: For any contract greater than $10,000, Contractor agrees to the following:

1. 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 Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. Contractor, in all solicitations or advertisements for employees placed by it or on its behalf, will state that

Contractor is an equal opportunity employer.

3. 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.

4. Contractor shall include the provisions of the foregoing paragraphs of this section in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

COMPLIANCE WITH FEDERAL IMMIGRATION REFORM AND CONTROL ACT: Contractor certifies that it does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

DRUG-FREE WORKPLACE: For any contract greater than $10,000, Contractor agrees, during performance of the contract, to (i) provide a drug-free workplace for 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 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

Contractor that 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.

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, 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.

AUTOMATIC RENEWAL: Contracts for services will automatically renew for up to three renewal terms each equal to the initial term specified in the contract for a total contract period equal to four terms. In either party does not wish to renew, written notice of nonrenewal shall be provided at least 120 days in advance of the expiration of the contract term.

COOPERATIVE CONTRACTING

This solicitation is being conducted in accordance with the provisions of Virginia Code § 2.2-4304. This clause is intended to allow the successful Contractor to offer the goods and services requested in this solicitation to other public bodies. Offering to sell goods and services to other jurisdictions is voluntary on the Contractor’s part. A public body’s participation in the contract is also voluntary. Failure to offer the terms and conditions of the contract to other jurisdictions neither disqualifies a bidder nor adversely affect the award of the contract. The successful Contractor must deal directly with a participating public body concerning placement of orders, issuance of Purchase Orders, contractual disputes, invoices and payments. In no event shall the Town of Front Royal, its officials or staff be responsible for any costs, damages or injury as a result of any Town contract extended to a public body by the successful Contractor. The

Town of Front Royal acts only as the “Contracting Agent” for this contract. The Town assumes no responsibility for any notification of the availability of the contract for use by other public bodies. Other public bodies desiring to use the contract shall make their own legal determination as to whether the use of the contract is consistent with their laws, regulations, and other policies. Any participating public body has the option of executing a separate contract with the successful Contractor. Contracts entered into with a participating public body may contain general terms and conditions unique to that public body. If, when preparing such a contract, the general terms and conditions of the participating public body are unacceptable to the successful contractor, the Contractor may withdraw its extension of the contract to that participating public body.

PAYMENTS TO CONTRACTOR:

1. Warren County Public Schools will issue payment to Contractor after satisfactory performance of the contract, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. Warren County Public

Schools reserves the right to withhold any and all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the contract or any modifications thereto.

2. Contractor must list all goods and services ordered, delivered, and accepted on all invoices. Invoices shall be sent directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number, purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

3. Contractor must select between purchasing card (VISA) or ACH (electronic deposit) as the form of payment by

Warren County Public Schools. Acceptance of payment by purchasing card usually requires that Contractor have credit card processing capability. Warren County Public Schools encourages Contractor to check with its financial institutions to ascertain precisely what is necessary to comply with the purchasing card requirement. Warren County

Public Schools will not pay additional fees, convenience fees and/or surcharges in excess of the purchase order or contract amount. Warren County Public Schools will make all payments by purchasing card when Contractor has indicated, either directly or indirectly, that credit card is an acceptable method of payment.

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

The date of postmark shall be deemed the date of payment when payment is made by mail.

5. All goods or services provided under this contract or purchase order shall be billed by Contractor at the contract price regardless of which Warren County Public School’s department is billed.

CONTRACTOR’S PAYMENTS TO SUBCONTRACTORS:

1. Contractor shall take one of the two following actions within seven days after the receipt of amounts paid by Warren

County Public Schools for work performed by any subcontractor under the contract:

a. Pay the subcontractor for the proportionate share of the total payment received from Warren

County Public Schools attributable to the work performed by the subcontractor under the contract;

or

b. Notify Warren County Public Schools and the subcontractor, in writing, of its intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

2. Contractor shall pay interest to the subcontractor on all amounts owed that remain unpaid after seven days following its receipt of payment from Warren County Public Schools for work performed by the subcontractor under the contract, except for amounts withheld as allowed by Paragraph (1)(b) above.

Interest shall accrue at the rate of one percent per month.

3. Contractor 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.

4. Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of Warren County Public Schools. 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.

5. If this contract is for construction, Contractor shall pay the entire amount of an invoice issued by a subcontractor within 60 days of the receipt following satisfactory completion of the work covered by the invoice even if Contractor has not received payment from Warren County Public Schools for that work.

Contractor shall not be liable for amounts reducible due to the subcontractor’s noncompliance with the terms of the contract. However, in the event that Contractor withholds all or a part of the amount invoiced by the subcontractor, Contractor 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 contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor's receiving payment for amounts owed to that contractor.

PEFORMANCE AND PAYMENT BOND REQUIREMENTS:

1. For contracts involving nontransportation-related public construction contract exceeding $500,000 to any prime contractor; or transportation-related project authorized pursuant to Code of Virginia, § 33.2-208, et seq., exceeding $350,000 that is partially or wholly funded by the Commonwealth of Virginia, Contractor is required to furnish the following:

a. A performance bond, in a form acceptable to Warren County Public Schools, in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract.

b. A payment bond, in a form acceptable to Warren County Public Schools, in the sum of the contract amount.

Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work.

2. Bonds shall be executed by one or more surety companies selected by Contractor which are legally authorized to do business in Virginia.

3. Bonds shall be made payable to Warren County Public Schools and filed at the School’s offices.

4. Contractor may require each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the subcontract conditioned upon payment to all persons performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.

5. In lieu of a payment or performance bond, Contractor may furnish a certified check, cashier’s check, or cash escrow in the face amount requirement for the bond.

6. Performance and payment bonds may be required for construction contracts and other contracts which fall outside the scope of this section. Please refer to Warren County Public School’s procurement solicitation for any additional bonding requirements, which are incorporated herein by reference.

INSURANCE: Contractor certifies that it and any subcontractors will maintain these insurance coverages during the contract term and that all coverage will be provided by companies authorized to sell insurance in Virginia:

1. Workers’ Compensation - Statutory requirements and benefits.

2. Employer’s Liability - $100,000.

2. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. Warren County Public Schools, Virginia shall be added as an additional insured to the policy by an endorsement.

3. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by Warren

County Public Schools is to be used in the contract. Contractor must assure that the required coverage is maintained by Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, $1,000,000 per occurrence, $3,000,000 aggregate

Inspection or Abatement Contractors, Health Care Practitioner (to include

Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist

Assistants, Clinical Psychologists, Clinical Social Workers, Professional

Counselors, Hospitals, or Health

Maintenance Organizations.)

Code of Virginia § 8.01-581.15

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

ASSIGNMENT OF CONTRACT: Contractor may not assign this contract in whole or in part without the written consent of Warren County Public Schools.

CHANGES TO THE CONTRACT: Changes to the contract may only be made as follows:

1. The terms, conditions, or scope of the contract may be modified by a written addendum executed by

Warren County Public Schools and Contractor. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract. 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 the contract addendum.

2. Warren County Public Schools may order changes within the scope of the contract at any time by written notice to Contractor including, but not limited to, changes to the services to be performed, the method of packing or shipment, and the place of delivery or installation. If Warren County Public Schools issues a change order that requires an adjustment to compensation, Contractor shall be compensated for any additional costs incurred as the result of the order and Warren County Public Schools shall be credited for any savings. Contractor must assert any claim for an adjustment in price by written notice to Warren

County Public Schools within 30 days from the date of receipt of the change order. Any adjustment to compensation shall be determined as follows:

(a) By written agreement of the parties;

(b) If the work can be expressed in units, by agreeing upon a unit price or using a unit price set forth in the contract, and Contractor accounts for the number of additional units of work performed, subject to reasonable verification by Warren County Public Schools; or

(c) By Contractor proceeding with the work and keeping a record of all costs incurred and savings realized, including adjustment for overhead and profit if provided by the contract. Upon completion of the work, Contractor shall present Warren County Public Schools with all vouchers and records of expenses incurred and savings realized. Warren County Public Schools shall have the right to audit Contractor’s records to verify costs and savings.

TAXES: Sales to Warren County Public Schools are normally exempt from Virginia sales tax. Virginia sales and use tax certificates of exemption, Form ST-12, will be issued upon request. If sales or deliveries under the contract are not taxexempt, Contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits Contractor from offering a tax-included price.

EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS: Warren County Public Schools or any of its duly authorized representatives shall have access to and the right to examine Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for five years after final payment.

AVAILABILITY OF FUNDS: The parties expressly acknowledge and agree that Warren County Public School’s obligations under this contract are expressly contingent upon appropriation by the Warren County School Board.

TERMINATION FOR CONVENIENCE: Warren County Public Schools may terminate this contract for convenience at any time, in whole or in part, upon giving Contractor 60 days’ notice of such termination. Upon such termination, Contractor shall immediately cease work and remove all of its labor forces and materials.

Contractor shall also take such steps as Warren County Public Schools may require to assign to the School

Contractor’s interest in all subcontracts and purchase orders designated by the School’s. After all such steps have been taken to the School’s satisfaction, Contractor shall receive the following as payment in full:

1. All amounts otherwise due under the terms of this contract at the time of termination.

2. Amounts due for work performed between the date of the most recent invoice and the date of termination.

3. Reasonable compensation for the actual cost of demobilization incurred by Contractor as a direct result of such termination.