RFP 24-22-SD Att F - Functional Requirements

RFP 24-34-KB | Page 1 of 18 COUNTY OF SPOTSYLVANIA REQUEST FOR PROPOSAL (RFP) 24-34-KB FOR Safety Management System 3/13/2024 NAME OF SOLICITING PUBLIC BODY COUNTY OF SPOTSYLVANIA, PROCUREMENT DIVISION P.O. BOX 215, 8800 COURTHOUSE ROAD, 2ND FLOOR ROOM 414 SPOTSYLVANIA, VA 22553 PROPOSAL DUE DATE AND TIME: Sealed Proposals will be received until 4/23/2024 at 2:00 PM for furnishing the services described herein. No late proposals will be accepted. Please check for updates prior to submitting a bid to ensure timely delivery to the Procurement Department and refer to Attachment A of this solicitation for information to bidders and specific bid drop off procedures. PRE-PROPOSAL CONFERENCE: ☐Mandatory ☒Non-Mandatory Date: Thursday, March 21, 2024 Time: 9:30 AM WebEx Link: https://spotsylvania-county.webex.com/spotsylvania- county/j.php?MTID=m71d679812417b39ed6be6ac33efcfae2 Meeting Number:

2335 231 3720 Meeting Password: 3AnH4he2QRY Join by Phone: 1-844-992-4726 Access Code: 23352313720 QUESTIONS DUE DATE AND TIME: Questions and Inquiries from Offerors must be received by the Spotsylvania County Procurement Division by Thursday, April 11, 2024 at noon. Questions must be emailed to Katie Baird, Senior Procurement Officer, at KBaird@spotsylvania.va.us. The County is not responsible for verbal clarification of information provided by parties other than staff of the Procurement Division. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: Date: By: (Signature in Ink by Officer of the Corporation) Name (Print): Zip Code: Title: Phone: ( ) Fax: ( ) E-mail: State of Incorporation: Unique Entity Identifier (UEI#)/ DUNS #: State Corporation Commission #: (RETURN THIS FORM) https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m71d679812417b39ed6be6ac33efcfae2 https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m71d679812417b39ed6be6ac33efcfae2 RFP 24-34-KB | Page 2 of 18 Are you, any member of your immediate family, or any person part of your company that if awarded will provide services for the County of Spotsylvania either employed by the County or a member or part of any County committee, board or commission? Check One: ☐ YES ☐ NO If yes, please explain: Receipt of the following Addenda is acknowledged (list all): Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated All updates are posted on the Spotsylvania County website at https://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. It is the responsibility of the Offeror to check for additional updates prior to submission of proposal. [Remainder of Page intentionally left blank.] (RETURN THIS FORM) https://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ RFP 24-34-KB | Page 3 of 18 TABLE OF CONTENTS I. PURPOSE ............................................................................................................................................... 4 II. BACKGROUND ..................................................................................................................................... 4 III. CONTRACT TERM AND PRICE INCREASES .................................................................................. 4 IV. STATEMENT OF NEEDS ..................................................................................................................... 4 V. INSTRUCTIONS TO OFFERORS ........................................................................................................ 5 VI. PROPOSAL REQUIREMENTS ............................................................................................................ 7 VII. PROPOSAL EVALUATION CRITERIA ............................................................................................. 9 VIII. TERMS AND CONDITIONS ............................................................................................................... 10 ATTACHMENTS A – INFORMATION TO BIDDERS B – TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION C – VENDOR AUTHORIZATION FORM D – REFERENCES E – PRICING SCHEDULE RFP 24-34-KB | Page 4 of 18 I. PURPOSE The County of Spotsylvania, Virginia, invites written proposals from qualified firms to establish a contract through competitive negotiation to provide a safety management system that will include, but not be limited to, work flows for incident management and investigation, safety program documentation, observation management, checklist/inspection management, corrective actions, and functionality to track contractor and visitor documentation. Spotsylvania County (“County”) intends to contract for the above delineated services as detailed in the Statement of Needs contained in Section IV of this RFP. It is the County’s intent to procure all requirements from one Contractor. II. BACKGROUND Safety documentation and management has been documented using internal systems up to this time. Based on the projected growth of the County, and a continuous improvement mindset, the County needs to grow our current safety management system with a proven software solution that engages multi-levels of safety management. III. CONTRACT TERM AND PRICE INCREASES A. Contract Term Any contract resulting from this RFP shall have a term limit of one (1) year and may be renewable for ten (10) additional one (1) year terms at the option of Spotsylvania County. Each additional year shall be referred to individually as a “Renewal Period”. B. Price Increases Price increases may be negotiated only at the time of renewal. If the County elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased by Table 7, Information technology, hardware and services of the Consumer Price Index for all Urban Consumer (CPI-U), or 3%, whichever is the lesser. IV. STATEMENT OF NEEDS The County is seeking a safety management system that will include work flows for incident management and investigation, safety program documentation, observation management, checklist/inspection management, corrective actions, and functionality to track contractor and visitor documentation. System Requirements: The system shall provide access to tools from computers, iPads and smart phones for all users. The majority of users will be smart phone users and the total number of users will be up to 450 employees. System shall include, but not be limited to: RFP 24-34-KB | Page 5 of 18 • Incident Management – System shall have the ability to complete incident documentation, including near misses and/or close calls. System shall also include an investigation process to include root causes analysis, and be able to assign corrective actions. Follow up must be included, for example a 5 Why or similar investigation process. • Observation Management – System shall provide the ability for all employees to input/load in safety observations, behavioral, unsafe conditions, and safety suggestions from their computer, iPad or smart phone or similar device. • Checklist and Inspections – System shall include the ability to create and complete checklists and inspections by work location, work area, and remote locations. • Corrective Actions – System shall have the ability to track, update corrective actions in process, and to document through the event cycle. • Safety Program Documentation – System shall store documents of any types, e.g., written safety program, confined space assessments, safety forms, etc. in a cloud based solution. System shall also allow the ability to record track changes, record changes, and to assign review date requirements and track how those documents are reviewed and updated on schedule. Ability to access documents from devices by users is required. • Contractor and Vendor Management – System shall provide ability to track contractor and vendor information such as insurances, safety programs, and training documentation. • System will need to allow the ability to run reports, create dashboards and tracking, and have no limit on the amount of data that is stored. • System must be compliant and be approved by Spotsylvania County security requirements. A SOC 2 report will be required, at a minimum, to be completed annually. • System must be able to communicate with Spotsylvania County personnel systems (NEOGOV) for needed employee information to keep current list of users up to date. V. INSTRUCTIONS TO OFFERORS A. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Spotsylvania County Procurement Policy. The Procurement Policy is available at: https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies. B. Questions or requests for clarification shall be submitted in writing. All responses to inquires will be in writing in the form of a written addendum and will be posted on the Spotsylvania County website at http://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov. Questions from Offerors must be received by the Spotsylvania County Procurement Division by the date identified on Page 1 of this solicitation in order to ensure that the answers can be sent and received by the prospective Offerors for their consideration prior to the proposal due date. C. Five (5) copies and one (1) original indicated as “Original” of Proposals, along with an electronic copy of the proposal and attachments on a virus free flash drive, either in Microsoft Word or PDF format shall be submitted to the addressed on Page 1. https://www.spotsylvania.va.us/377/Spotsylvania-County-Policies http://www.spotsylvania.va.us/374/Solicitations http://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/ RFP 24-34-KB | Page 6 of 18 Should the proposal contain proprietary information, Offeror shall provide one (1) additional electronic, redacted copy of the proposal and attachments with proprietary portions removed or blacked out. This copy shall be clearly marked “Redacted Copy”. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. The County of Spotsylvania shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy. No other distribution of the proposal shall be made by the Offeror. D. All Proposals must be in a sealed envelope or box and clearly marked with the following information: "Sealed Proposal, RFP #24-34-KB, Safety Management System” and company name and address. Proposals not so marked or sealed may be returned to the Offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the Offeror (company, firm, partnership, or individual). Proposals shall be signed above the typed or printed name and title of the individual signing on behalf of the Offeror. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the front of this solicitation. E. All expenses incurred for submitting Proposals to Spotsylvania County shall be borne by the Offeror. All Proposals shall be received by the time and date identified on the first page of this solicitation. F. The time of receipt shall be determined by the time clock stamp in the Procurement Division, Room 414. Any Proposal received after this time and date will not be considered. Proposals will be returned to the Offeror unopened if received by special carrier or not accepted if hand delivered by Offeror. G. It is the Offeror’s sole responsibility to ensure timely submission of the proposal by the Spotsylvania County Procurement Division as the address and by the state time and date on Page 1. The County encourages early submission. NOTE: • Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, VA. Next day delivery usually arrives in mid-to-late afternoon. • USPS deliveries require additional days from the post office to the procurement office. If you will be using one of these services for delivery of your proposal, please take this information into consideration. It is the Contractor’s responsibility to ensure that the package is delivered to the Procurement Division by the due date and time. H. Inclement Weather. In the event that Spotsylvania County is closed during the scheduled times for a pre-proposal conference, the pre-proposal conference will occur on the following business day that Spotsylvania County is open at the time previously scheduled and as stated in the RFP. RFP 24-34-KB | Page 7 of 18 I. The Offeror shall submit a proposal that demonstrates and provides evidence that the Offeror is able to provide suitable services and has the capabilities, professional expertise, and experience to provide the proposed safety management system to Spotsylvania County. J. Offerors are responsible for familiarizing themselves with the conditions and objectives of the services described herein. K. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal. L. Any vendor transacting business with Spotsylvania County requires an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its proposal the identification number issued to it by the State Corporation Commission. 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 or as otherwise required by law shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Include a copy of your State Corporation Commission Certificate and a list of officers with your proposal response. VI. PROPOSAL REQUIREMENTS A. The proposal shall provide information necessary for Spotsylvania County to evaluate the qualifications, experience, and expertise of the proposing firm to provide services identified herein. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. B. The written proposal shall contain concise information which presents an understanding of the safety management system requirements. The Offeror is asked to address each evaluation criteria contained in Section VII, Proposal Evaluation Criteria and to be specific in presenting their qualifications. Responses should be as thorough and detailed as possible so that the County may properly evaluate the firm’s capabilities to provide the required services. C. The proposal shall clearly indicate primary contact and assigned personnel. Offeror shall provide the name of the Offeror and firm, if any, the address and telephone number, and the name and title of the primary and secondary individuals who would be responsible for providing these goods and/or services to the County. Proposals shall be signed by an authorized RFP 24-34-KB | Page 8 of 18 representative of the Offeror. All information requested shall be submitted. Failure to submit all information requested may result in the County of Spotsylvania requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete, or lack of key information may be considered nonresponsive by the County. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation. D. Offerors shall provide a pricing schedule to encompass all costs for the County to implement the safety management system, to include implementation, training, yearly maintenance, etc. E. Proposal Format and Checklist. In order to facilitate the analysis of responses to this RFP, Offerors should prepare the proposal in accordance with the instructions outlined below and should structure the proposal so that it contains individual attachments detailing proposed safety management system. The Offeror must submit their proposal package with the following documents attached. Each document listed below shall be a separate attachment and titled as indicated. ☐ [Offeror’s Name]_Introductions Letter (PDF or Word) ☐ [Offeror’s Name]_Signed RFP Cover sheet (PDF or Word) ☐ [Offeror’s Name]_Executive Summary (PDF or Word). Provide a narrative, prepared in non-technical terms, summarizing the Offeror’s proposal. ☐ [Offeror’s Name]_Attachment B – Trade Secrets/Proprietary Information Identification (PDF or Word) ☐ [Offeror’s Name]_Attachment D – References ☐ [Offeror’s Name]_Virginia State Corporation Commission (SCC) Certificate (PDF or Word) ☐ [Offeror’s Name]_Attachment C – Vendor Authorization Form ☐ [Offeror’s Name]_Attachment E – Pricing Schedule (PDF or Word/Excel) F. Offerors shall indicate any exceptions taken to any part of this Request for Proposals. Offerors shall fill out and clearly identify any proprietary information on Attachment B and return with proposal response. Identify the specificity of the data or other materials for which protection is sought, indicate the section and page number where it can be found in the Offerors RFP response and state the reasons why protection is necessary in accordance with the Code of Virginia, Chapter 43, § 2.2-4342. For more details, see Section VIII Terms and Conditions, Paragraph Q, Freedom of Information Act. G. Offeror shall provide a minimum of three references of other similar size local government entities utilizing the services they have provided on Attachment D. The references shall include names, phone numbers and email addresses of key contact personnel. Current contact information shall be provided. Spotsylvania County cannot be listed as a reference. The County reserves the right to check undisclosed references. RFP 24-34-KB | Page 9 of 18 H. All costs of proposal preparation and presentation shall be borne by each Offeror. The County is not liable for any cost incurred by the Offeror prior to issuance of a contract. I. Offeror shall include a copy of their State Corporation Commission Certificate of Good Standing and a list of officers with their proposal response. VII. PROPOSAL EVALUATION CRITERIA Selection of the successful Offeror(s) will be based upon submission of proposals meeting the selection criteria. Proposals should be as thorough and detailed as possible so that the County may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal. The Source Selection Committee (SSC) will use the following criteria in its review and evaluation of the Proposals: EVALUATION CRITERIA 1 Specific experience, technical capabilities, professional competence, and qualifications of the proposing company. 25 Points 2 Clearly demonstrate understanding of the system modules, functions, user interfaces, dashboards, reporting, and compliance, ensuring the minimum modules requested are included. 35 Points 3 Service Approach – Offeror’s approach to initial set up of the system, implementation plan, and training plan. 20 Points 4 Pricing 10 Points 5 Demonstration 10 Points The Selection Committee will evaluate the most responsive proposals as deemed by staff and may also ask questions of a clarifying nature from Offerors as required. A composite rating will be developed which indicates the group’s collective ranking of the written proposals in a descending order. If deemed necessary by the selection committee, the County shall engage in individual discussions/demonstrations with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The County will schedule the time and location of these presentations. Oral presentations are an option of the County and may or may not be conducted. At the conclusion of any discussion, on the basis of evaluation factors as set at the time of issuance of this proposal and all information developed in the selection process to this point, the County shall select in the order of preference one or more Offerors whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the Offeror ranked first. 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 and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Spotsylvania County reserves the right to award a contract to more than one Offeror, if it is in the Owner’s best interest. RFP 24-34-KB | Page 10 of 18 The County reserves the right to accept or reject any or all proposals received as a result of the request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interest of Spotsylvania County. VIII. TERMS AND CONDITIONS A. Acceptance, Invoicing and Payment Spotsylvania County will make payment to the Consultant, Net 30 days or in accordance with discount terms, if offered, after receipt of an acceptable invoice for work resulting from this RFP. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFP, or to the selected consultant prior to the Board of Supervisors’ approval of a consultant services contract. Pursuant to Virginia Code § 2.2-4354, (1950, as amended), the Consultant covenants and agrees to: (1) Within seven (7) days after receipt of any amounts paid to the Consultant under the Agreement, (i) pay any subconsultant for its proportionate share of the total payment received from the County attributable to the work under the Contract performed by such subconsultant, or (ii) notify the County and the subconsultant, in writing, of its intention to withheld all or part of the subconsultant’s payment and the reason therefore; (2) Provide its federal employer identification number or social security number, as applicable, before any payment is made to the Consultant under the Agreement; (3) Pay interest at the legal rate or such other rate as may be agreed to in writing by the subconsultant and the Consultant on all amounts owed by the Consultant that remain unpaid after seven (7) days following receipt by the Consultant of payment from the County for work performed by the subconsultant under the Agreement; and (4) Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3 above. B. Attorney's Fees In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, each party shall pay their own attorney’s fees, costs and expenses, except in a case of default by the Consultant, the Consultant shall be responsible for any resulting additional purchase and administrative costs including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs. C. Audit Consultant shall keep and require each of its subconsultant, if any, to keep, at no additional cost to County, full and detailed accounts of costs chargeable to County, during the project, and for five (5) years following completion. County shall be afforded full access to accounts, records, and supporting documents for review, audit, copy (such copies will be the property of County), and verification of costs. Audit access to Consultant’s records in lump sum or unit price areas when applicable shall be sufficient to satisfy County that all quantities meet the payments to its subconsultant and suppliers, Consultant shall remit promptly to County the amount of any RFP 24-34-KB | Page 11 of 18 adjustment resulting from audit. D. Availability of Funds It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. E. Binding Effect The terms, provisions, covenants and conditions contained in any resulting Contract shall apply to, insure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, legal representatives, successors, and permitted assigns except as otherwise expressly provided. F. Compliance of Law The Consultant providing materials and services to the County under any contract resulting from this RFP represents and warrants to the County that it is: (1) Conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginians with Disabilities Act, the Americans With Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act, and where applicable, to the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended. (2) Not employing illegal alien workers or otherwise violating the provisions of the Immigration Reform and Control Act of 1986 and Virginia Code§ 2.2-4311.1; (3) Not requiring, and shall not require, any employee or subcontractor to sign an internal confidentiality agreement or statement prohibiting or otherwise restricting, or purporting to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a department or agency authorized to receive such information, or otherwise violate any federal and state laws and regulations protecting employees for reprisal against whistleblowing; (4) Complying with federal, state and local laws and regulations applicable to the performance of the goods and services procured, the work performed pursuant to the Agreement shall conform to all professional principles generally accepted as standards of the industry in the Commonwealth, the CONTRACTOR’S work performed shall be free of defects, and any new materials and equipment furnished under this Agreement shall be of good quality and in working condition; and (5) Complying fully with the Virginia Conflict of Interest Act. (6) Authorized to transact business in the Commonwealth of Virginia, pursuant to Section 2.2- 4311.2 of the Code of Virginia. G. Contract Award Spotsylvania County has the right to award a contract to more than one Offeror, if it is in the County’s best interest to provide adequate services in accordance with the criteria found in the Scope of Services. Should Spotsylvania County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one offer or is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Spotsylvania County reserves the right to award the contract to the most qualified, responsible, and responsive Offeror(s), resulting in a negotiated agreement, which is most advantageous to and RFP 24-34-KB | Page 12 of 18 in the best interest of Spotsylvania County. Spotsylvania County shall be the sole judge of the Proposal and the resulting negotiated agreement that is in the public interest, and Spotsylvania County’s decision shall be final. H. Contract Changes No verbal agreement or conversation with any officer, agent or employee of Spotsylvania County either before or after execution of the contract resulting from this Request for Proposal (RFP), RFP Addendum or follow-on negotiations, shall effect or modify any of the terms or obligations contained in the contract. No alterations to the terms and conditions of the contract shall be valid or binding upon Spotsylvania County unless made in writing and where Board approval is not required, by the County Administrator or his designee. I. Contract Documents The contract entered into by Spotsylvania County and the Consultant shall consist of this Request for Proposal, any addendum issued, the proposal submitted by the Consultant, Spotsylvania County’s Standard Form of Agreement, and any approved change orders issued, all of which shall be referred to collectively as the Contract Documents. Additional documents which the parties agree to include as contract documents may be set forth in the final contract. J. Cooperative Procurement (1) This procurement is being conducted on behalf of Spotsylvania County, Virginia and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act. (2) If approved by the Contractor, the contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal. (3) With the approval of the Contractor, any public body using the resultant contract has the option of executing a separate contract with the Contractor to add terms and conditions required by statute, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations. (4) The County of Spotsylvania, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a Spotsylvania County contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body. (5) Spotsylvania County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification. K. Definitions: (1) Consultant. The Consultant who enters into a contract with Spotsylvania County to provide the services herein for Spotsylvania County. RFP 24-34-KB | Page 13 of 18 (2) County. Wherever the word "County" appears, it shall be understood to mean Spotsylvania County Government. (3) Offeror. A person who makes an offer in response to a Request for Proposals. (4) Informality. A minor defect or variation in a bid or proposal from the exact requirements of the Invitation for Bid, or the Request for Proposal, which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured. L. Drug Free Workplace During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultant’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 Consultant’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 Consultant that the Consultant 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 subconsultant or vendor. For the purposes of this section, “drug-free workplace” means any site at which the performance of work is done in connection with this contract awarded to the Consultant, 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. Ethics in Public Contracting The Offeror hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public Procurement Act, Section 2.2-4367 through 2.2-4377, Virginia Code Annotated, and that all amounts received by it, pursuant to a Contract resulting from this RFP, are proper and in accordance herewith. By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subconsultant in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. N. Examination of Records The Consultant agrees that Spotsylvania County or any duly authorized representative shall have access to and the right to examine any and copy any directly pertinent books, documents, papers and records of the Consultant involving transactions related to any Contract resulting from this RFP. The period of access provided in this paragraph for records, books, documents, and papers and software which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any subsequent contract or any subsequent Contracts with vendors shall continue until disposition of any appeals, arbitration, litigation, or claims. Consultants agrees to keep all records in accordance with the state and local retention laws including but not limited to Virginia Code § 55-525.27. O. Faith-Based Organizations RFP 24-34-KB | Page 14 of 18 Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the County does not discriminate against faith-based organizations. “Faith-based Organization” means a religious organization that is or applies to be a Consultant to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193. If CONSULTANT is a faith-based organization, then Consultant shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice: NOTICE Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the County and a faith- based organization, you are hereby notified as follows: Neither the COUNTY’S selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the County Administrator. P. Federal-Aid Provisions When the U. S. government pays all or any portion of the cost of a project, the Consultant shall observe all federal laws, rules, and regulations made pursuant to such laws. The work shall be subject to inspection by the appropriate federal agency. Such inspection shall in no sense make the federal government a party of the contract and will in no way interfere with the rights of either party. Consultant shall require all subconsultants to observe all federal laws, rules, and regulations made pursuant to such laws. Reporting requirements that is part of the regulation shall be followed in accordance with the federal law, rules and/or regulation made pursuant to such laws. A Duns number will be provided by the Consultant and registration with the Central Consultant Registration (CCR) shall be followed according to the federal aid provisions. Q. Freedom of Information All information submitted to the County in response to this RFP will constitute public information and pursuant to the Virginia Freedom of Information Act will be available to the public for inspection upon request. Pursuant to Virginia Code § 2.2-4342 and County Procurement Policy § 3-27, an Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Virginia Code § 59.1-336, part of the Uniform Trade Secrets Act. In order to claim this exemption, an Offeror must: (1) Submit a request in writing referencing their desire to invoke the protections of Virginia Code § 2.2-4342; (2) Specifically identify which data or materials they wish to have protected; and (3) Articulate the rationale for why protection is necessary for the particular data or materials, to the satisfaction of the County. Failure to meet RFP 24-34-KB | Page 15 of 18 these requirements will result in the data or materials being open for inspection in response to a valid inquiry under the Virginia Freedom of Information Act and serve to waive any right of the Offeror to assert a claim against the County for disclosure of trade secrets or proprietary information. R. Grant Funds Provision When a project is funded in part or all by grant funds, the Consultant shall observe all rules and regulations according to the grant fund award documentation. Consultant has the responsibility to comply with all grant fund reporting requirements and any or all award documentation terms and conditions. S. Governing Law In any contract resulting from this RFP, the parties agree that this agreement is governed by and shall be interpreted in accordance with the Spotsylvania County Procurement Policy and laws of the Commonwealth of Virginia, and that proper venue, in the event of litigation concerning this matter, shall be in the Circuit Court of Spotsylvania County, Virginia. The parties agree that any litigation involving this Agreement shall be brought only in such court. T. Headings Headings in the RFP and any resulting contract are informational only and the substance of each numbered or lettered provision shall prevail in the event of any ambiguity or inconsistency between a heading and its content. U. Insurance During the performance of any Contract resulting from this RFP, the Consultant shall have and keep current insurance whichever is greater in scope or amount as follows. (1) Worker's Compensation Insurance in compliance with all states in which Consultant does business, including coverage B Employer's liabilities in not less than the following amounts: i. Bodily Injury by accident $100,000 for each accident; ii. Bodily Injury by disease, $500,000 policy limit; iii. Bodily Injury by disease, $100,000 for each employee. (2) General Liability insurance in amount not less than $1,000,000 for any occurrence involving bodily injury, and not less than $1,000,000 for any occurrence involving property damage. This coverage shall include contractual liability, broad form property damage, independent Consultants, and personal injury. (3) Automobile liability insurance in an amount not less than $1,000,000 combined single limit bodily injury and property damage. This coverage shall include liability for the use of hired and non-owned apparatus. The General Liability and Automobile Liability insurance policies specified herein shall name Spotsylvania County as additional insured with regard to work performed under any contract resulting from this RFP. The Consultant shall provide Spotsylvania County with copies of certificates of insurance coverage and proof of payment of all premiums. These certificates shall have provisions for notifying Spotsylvania County if there is any change in liability insurance. RFP 24-34-KB | Page 16 of 18 V. Interpretation Words of any gender used in any Contract resulting from this RFP shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context otherwise requires. W. Non-Collusion The party making the foregoing proposal hereby certifies that such proposal is genuine and not collusive or sham; that said Offeror has not colluded, conspired, connived or agreed, directly in indirectly, with any Offeror or person, to put in a sham proposal or to refrain from offering, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the proposal price or affiant or of any proposal, or to fix any overhead, profit or cost element of said proposal price, or of that of any other Offeror, or to secure any advantage against the County or any person interested in the proposed contract; and that all statements in said proposal are true. X. Non-Discrimination Any contract resulting from this RFP and every contract, sub-contract, or purchase order there under shall include the following provisions according to Virginia Code §2.2-4311: During the performance of a contract, the Consultant agrees as follows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicant for employment, notices setting forth non-discrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant 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 requirement. The Consultant will include the provisions in the foregoing paragraphs a, b, and c in every contract, subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor associated with Spotsylvania County. Y. Partial Invalidity Neither any payment for, nor acceptance of, the whole or any part of the services by Spotsylvania County, nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this RFP, nor of any power herein reserved to Spotsylvania County, or any right to damages herein provided, nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent breach. Failure of Spotsylvania County to require compliance with any term or condition of any Contract shall not be deemed a waiver of such term or condition nor a waiver of the subsequent enforcement thereof. Z. Proposal Withdrawal Any Proposal may be withdrawn up until the time set above for the opening of the Proposal. Any Proposals not so withdrawn shall constitute an irrevocable offer for a period of 180 days. AA. RFP Proposal and Clarification Spotsylvania County reserves the right to request clarification of information submitted and to RFP 24-34-KB | Page 17 of 18 request additional information of one or more Offerors. Each Offeror shall examine the Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing to the Spotsylvania County Procurement contact listed on the first page of this RFP. Spotsylvania County shall not be responsible for oral interpretations given by any employee, representative, or others. The issuance of a written RFP Addendum issued by the Spotsylvania County Procurement Division is the only official method whereby interpretation, clarification, or additional information can be issued. BB. Release and Ownership of Information Spotsylvania County shall make a good faith effort to identify and make available to the Consultant all non-confidential technical and administrative data in Spotsylvania County’s possession which Spotsylvania County may lawfully release including, but not limited to contract specifications, drawings, correspondence, and other information specified and required by the Consultant and relating to its work under this Contract. Spotsylvania County reserves its rights of ownership to all material given to the Consultant by Spotsylvania County and to all background information, documents, and computer software and documentation developed by the Consultant in performing any Contract resulting from this RFP. No reports, information or data given to or prepared by the Consultant under the resulting Contract shall be made available to any individual or organization by the Consultant without the prior written approval of Spotsylvania County, which approval Spotsylvania County shall be under no obligation to grant. As may be allowed by law, any information, ideas, or concepts that the County receives during the procurement process from any offeror’s written proposal, any discussion or interview with the offeror or as a result of any portion of the procurement process for the services described in this Request for Proposal shall become the property of Spotsylvania County. Spotsylvania County may use this information for any purpose without compensation to the offeror from whom the information was received. CC. Rights and Responsibilities of Consultant The Consultant shall indemnify, defend and hold harmless the County and its representatives from any and all claims, suits and actions for injury or damage sustained by any person or property from any act or omission by Consultant and/or its Consultants or employees, or anyone else for who Consultant is or may be responsible. This section shall survive the termination this agreement. The Consultant in any contract resulting from this RFP shall pay all royalties and license fees necessary for performance of the contract. The Consultant shall defend all suits or claims for infringement of any patent rights or any other proprietary rights arising from or related to performance of the resulting contract and shall save Spotsylvania County harmless from any and all loss, including reasonable attorneys' fees, on account thereof. DD. Subconsultants and Assignments The Consultant shall not sublet or assign or transfer any interest in this Contract or any portion RFP 24-34-KB | Page 18 of 18 thereof without the prior written consent of Spotsylvania County of which Spotsylvania County shall be under no obligation to grant. In seeking consent for any subcontract or assignment, the Consultant shall furnish all information required by Spotsylvania County to permit Spotsylvania County to ascertain the qualifications of the proposed subconsultant to perform the work, and the Consultant shall submit a copy of the subcontract to Spotsylvania County for approval. The subcontract shall incorporate by reference all provisions and conditions of the Contract resulting from this RFP. Spotsylvania County’s approval of a subconsultant shall not relieve the Consultant of any of its responsibilities, duties or liabilities hereunder. The Consultant shall continue to be responsible to Spotsylvania County for performance of the subconsultant and the subconsultant, for all purposes, shall be deemed to be an agent or employee of the Consultant. Nothing in the Contract resulting from this RFP or any subcontract shall create any contractual relationship between any subconsultant and Spotsylvania County. EE. Tax Exemption The County of Spotsylvania as a public body politic and corporate of the Commonwealth of Virginia, is exempt from any Federal excise tax and Virginia sales and use tax for purchases made by the County. FF. Termination Spotsylvania County shall have the right to terminate at Spotsylvania County’s convenience, with or without cause, any Contract resulting from this RFP by specifying the date of termination in a written notice. In this event, the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed. All work produced, and data collected shall become the property of Spotsylvania County. RFP #24-34-KB | Page 1 of 1 ATTCHMENT A - INFORMATION TO BIDDERS The Spotsylvania County Procurement Office located in the Marshall Center is closed to the public and open only on an appointment basis. Please note that bids will be received at the Spotsylvania County Snow Library side of the building at the Marshall Center, 8800 Courthouse Road, Spotsylvania, VA 22553. The Bidder has the sole responsibility to have their bid received by the Spotsylvania County Procurement Division at the address listed on the IFB and by the stated date and time as listed in the Information for Bid. If you hand deliver your bid, Bidders need to go to the Snow Library side of the Marshall Building, not the Snow Library and go to the two white double doors located beside the “Procurement Division” sign and call the Procurement Office (540-507-7503). Someone from the Procurement Office will come to the door to receive your bid. Bidders are encouraged to submit their bid early in order to ensure the bid is received on time. Please note that Federal Express and other overnight delivery services do not guarantee morning delivery to Spotsylvania, Virginia. Next day delivery usually arrives in mid-to-late afternoon. Also, please note that USPS deliveries require additional days from the post office to the Procurement Office. If you will be using one of these services for delivery of your bid, please take this information into consideration, you may also want to let the mail carrier know the Building is locked. Bidders are advised to call the Procurement Office to confirm if your bid was received. Late bids shall not be considered and will be returned to Bidders unopened if received by special carrier or not accepted if hand delivered by Bidders. The time of receipt shall be determined by the Procurement time clock stamp. In the event that Spotsylvania County is closed during the scheduled times for bid receipt, it will occur on the next business day that Spotsylvania County is open at the appropriate times as stated in the IFB. No exceptions will be made in this situation. Please contact the Procurement Officer as stated in the IFB for information pertaining to this procurement. RFP #24-34-KB | Page 1 of 1 ATTACHMENT B TRADE SECRETS/PROPRIETARY INFORMATION IDENTIFICATION IF NO PROTECTION IS NEEDED STATE “N/A” ON THE TABLE BELOW AND SIGN. Trade secrets or proprietary information submitted by any Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the Offeror must invoke the protection of §2.2-4342(F) of the Code of Virginia, in writing, prior to or upon submission of the data or other materials, and must clearly and specifically identify the data or other materials to be protected, and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by the Offeror on the table below. If the Offeror fails to identify any protected information on the table below, the Offeror by return of this form, hereby releases the County and all of its employees from any and all claims, damages, demands or liabilities associated with the County’s release of such information, and agrees to indemnify it for all costs, expenses and attorney’s fees incurred by the County as a result of any claims made by Offeror regarding the release of such information. By submitting its bid or proposal, Offeror understands and agrees that any language seeking protection from public disclosure, any specific documents or information, unless identified on the table below, are null and void and of no legal or binding effect on the County. The classification of line item prices, and/or total bid prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected. SECTION/TITLE PAGE NUMBER(S) REASON(S) FOR WITHHOLDING FROM DISCLOSURE COMPANY NAME: SIGNATURE: (RETURN THIS FORM) www.spotsylvania.va.us/vendor-form ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle ageorge Rectangle RFP #24-34-KB | Page 1 of 1 ATTACHMENT D REFERENCES A list of 3 References for which the Contractor has provided similar good/services over the last 5 years similar in Scope to that which is described herein shall be provided with the RFP Package. Spotsylvania County cannot be listed as a reference. Please list references below: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: Company Name: Service Dates: From: To: Address: Point of Contact Name: Phone: (_________) Email: Addtl. Information: (RETURN THIS FORM) RFP #24-34-KB | Page 1 of 1 ATTACHMENT E PRICING SCHEDULE Offeror shall indicate below the yearly pricing per the requirements provided in the RFP. Pricing shall encompass all costs for the County to implement the safety management system, to include implementation, training, yearly maintenance, etc. *For evaluation scoring purposed the total of year 1, 2 and 3 will be used. Year 1 $__________________ Year 2 $__________________ Year 3 $__________________ Total $___________________ VENDOR NAME: SIGNATURE: (RETURN THIS FORM)