RFP 17-06 GOLF COURSE MANAGEMENT SYSTEM

_________________________________________________________

REQUEST FOR PROPOSAL (SEALED)

RFP # 17-06

GOLF COURSE MANAGEMENT SYSTEM

DELIVER SEALED PROPOSALS BY:

July 14, 2017 at 3:00 p.m. Eastern

Submit all inquiries concerning this Request for Proposal in writing to:

Gerald W. Amacker (Jerry), VCA, VCO Purchasing Agent

Town of Herndon 777 Lynn Street

Herndon, VA 20170-4602

Email Inquiries to:

[email protected]

RFP #17–06 Golf Course Management System Page 2 of 49

TOWN OF HERNDON REQUEST FOR PROPOSAL (RFP)

(SEALED)

RFP Number: 17-06 Issue Date: June 8, 2017 Title: Golf Course Management System Commodity: 98831, 20447, 20811, 20655, 20820, 20827, 20832,

20836, 20844, 20845, 20846, 20853, 20854, 20863, 20865, 20880, 20942, 20946, 20954, 20966, 20987, 92004, 92014, 92027, 92031.

Issuing Entity: Purchasing Department 777 Lynn Street Herndon, Virginia 20170-4602 Period of Contract: Commencing upon the execution of the contract

for one year with four (4) twelve-month renewal options

Work Sites: Herndon Centennial Golf Course If proposals are mailed, send directly to the Issuing Entity shown above. If proposals are hand delivered, deliver to: Front Counter; 777 Lynn Street, Herndon, Virginia. Direct all inquiries for information to Gerald W. Amacker (Jerry), Purchasing Agent at (703) 435-6800 ext. 2048 or at the above listed email address. **********FACSIMILES OR EMAILED PROPOSALS ARE NOT ACCEPTED**************

In compliance with this Request for Proposal (RFP) and subject to all conditions imposed therein, the undersigned agrees to furnish the services at the prices indicated on the Offeror’s proposal. A public proposal opening will occur at 777 Lynn Street, Herndon, Virginia 20170, Second Floor Conference Room on July 14, 2017 at 3:00 p.m. Eastern. Potential Offerors shall direct all questions or inquiries in writing no later than June 30, 2017, 3:00 p.m. to Gerald W. Amacker 777 Lynn Street, Herndon, Virginia 20170 or [email protected] Revisions to the solicitation are made only by addendum issued by the Purchasing Office. The Town will post addendums, proposal tabulations and award information on its Procurement Webpage at: http://herndon-va.gov/departments/finance/purchasing and on the Commonwealth of Virginia Department of General Services’ central electronic procurement website (eVA) https://eva.virginia.gov/ and on the Purchasing bulletin board. Note: 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, or any other basis prohibited by state law relating to discrimination in employment.

mailto:[email protected]

http://herndon-va.gov/departments/finance/purchasing

https://eva.virginia.gov/


REQUEST FOR PROPOSAL

TABLE OF CONTENTS

RFP # 17-06

GOLF COURSE MANAGEMENT SYSTEM

SECTION TITLE PAGE I. INTRODUCTION ……..………………………………………………………………………….4 II. PURPOSE …………………………………………………………………………………………4 III. SCOPE OF SERVICES ………..……………………………………………………………4 - 13 3.1 HISTORY ……………………………………………………………………………………..4 3.2 OVERVIEW ………………………………………………………………………………….4 IV. TECHNICAL PROPOSAL NSTRUCTIONS………………………………………………..13 - 26 V. COST PROPOSAL INSTRUCTIONS ……………………………………………………….26 - 28 VI. EVALUATION AND AWARD CRITERIA ……………………………………………………28 VII. AWARD PROCESS………………………………………………………………………………29 VIII. CONTRACT TERM AND RENEWAL OPTIONS …………………………………………….29 IX. RIGHT TO REJECT PROPOSALS ……………………………………………………………..29 X. DEADLINE FOR SUBMISSIONS …………………………………………………………29 – 30 XI. CONTRACTUAL ORDER OF PRECEDENCE…………………………………………………30 XII. DELAYS AND SUSPENSIONS ………………………………………………………………..30 XIII. TERMS & CONDITIONS ……….………………………………………………………..31 – 44 ATTACHMENT* A - BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE ……………..45 ATTACHMENT* B – REFERENCES …………………………………………………………...............46 ATTACHMENT* C – CONTRACTOR CERTIFICATION, AGREEMENT, AND AFFIDAVIT …..47 - 48 ATTACHMENT* D - STATE CORPORATION COMMISSION FORM ………………………………49 * DENOTES – MUST SUBMIT WITH PROPOSAL


I. INTRODUCTION

The Herndon Centennial Golf Course is where quality and value combine to create a truly great golf experience. Whether enjoying a round, hosting an outing, taking advantage of the practice facilities, or simply taking a lesson come experience one of the premier public golf courses in the Northern Virginia area.

II. PURPOSE

The intent of this solicitation is to receive sealed proposals for the establishment of a contract through competitive negotiation for a fully integrated customer and golf operations Point of Sale and tee sheet management system for the 18-hole Herndon Centennial Golf Course.

III. SCOPE OF SERVICES

3.1 HISTORY

The Herndon Centennial Golf Course currently uses SPS (Software Performance Systems) Golf Management Solutions (formerly known as Golf Gopher) for its point-of-sale system. This system is, also, used at water parks, swimming pools, visitor centers, campgrounds and museums. Software Performance Systems, Inc. is a Washington DC area based company that specializes “in the design and integration of complex enterprise solutions.”

3.2 OVERVIEW A fully integrated system will have the capacity for assisting with the management and operation of the Herndon Centennial Golf Course by, at a minimum providing the following:

a. An integrated point-of-sale with secure payment processing and inventory management

system; b. Compatible with current credit card processor, ETS; c. The ability to use gift cards with easy tracking; d. Include a customer relationship management system, integrated sales and marketing; e. Have administrative capability, possible integration with the Town’s accounting system

(MUNIS); f. Integrated loyalty management and tracking program; g. Include a comprehensive tee sheet management system; h. Sophisticated web functionality, online booking capability with access to multiple booking

platforms; i. Include all required hardware, on-site installation/training; and j. Provide 24/7 customer support.

3.3 SECURITY REQUIREMENTS

A. The system shall allow for remote access by authorized users including the ability to access the tee sheet on mobile devices so staff can see real time updates while working with customers outside of the golf shop. When a computer network connection transmits or is likely to transmit sensitive or business-related information, the system will encrypt the link.

B. The system shall have secure remote access authentication using security tokens that provide one-time password authentication or public/private keys with strong pass-phases. Users shall not have the capability to share passwords.


External access to and from information systems shall meet the Town of Herndon remote access standards and guidelines.

C. System must have the capability of meeting the EMV (Europay, Mastercard, Visa) standard for securing credit card transactions that includes chip and pin technology with chip-enabled credit card terminals.

3.4 SENSITIVE OR CONFIDENTIAL BUSINESS INFORMATION

The selected vendor shall not remove, transmit, copy or otherwise duplicate sensitive or confidential Town or Herndon Centennial Golf Course business-related information from any system or premises unless the information’s owner has expressly authorized and or approved such removal in advance. This includes, but is not limited to, portable computers or laptops, portable memory disks (including USB drives), floppy disks, CD-ROMs, magnetic tape cartridges, and paper documents containing sensitive or confidential business-related information. This paragraph does not apply to authorized back-ups that are in encrypted form.

3.5 AUTHORIZED TOOLS AND PROGRAMS

The contractor shall not download, install or run any security programs or utilities that reveal weaknesses in the security or a system unless expressly authorized by the Town’s Information Technology staff.

3.6 BACKUP and RECOVERY The contractor’s solutions shall have an appropriate automated backup capability for system and

application backup and recovery. The system shall have or provide for a backup media format that is suitable for off-site storage. The system must provide differential backup schedules for various system components configurable by the system administrator. The system shall provide capabilities for incremental and full back up. Backup and recovery processes are subject to auditing and reporting. The accomplishment of system’s backup must occur without taking the application out of service and without the degradation of performance or disruption to operations.

3.7 SYSTEM ADMINISTRATION

A. The proposed solution must provide a suite of system administration tools to support the effective ongoing operation of the system(s). The appropriate Town staff shall have access to the full suite of administration tools that are a part of the operating system.

B. System administration capabilities, at a minimum, must to include the ability to:

1. Create and maintain user accounts 2. Manage security 3. Manage backup and recovery 4. Monitor and tune system performance 5. Install and configure hardware and software/updates 6. Import new or updated geofiles, including addresses and street centerlines (when

applicable) 7. Monitor and maintain interfaces 8. Schedule procedures 9. Manage disaster recovery procedures 10. Configure alerts


11. Organize and maintain system documentation 12. Perform remote management

C. The system must allow for the Town’s IT staff or authorized Golf Course staff to add a report,

macro, or function to the application menu and add new data elements to forms or report format.

D. A detailed logging, auditing, and reporting capability must support all administration

procedures.

3.8 SYSTEM DOCUMENTATION The contractor will provide documentation in printer and electronic format (MS WORD Format and

.pdf format as the Town’s option). At a minimum, the proposed solution must include complete documentation of the following:

A. Technical Documentation (two printed copies plus a CD/DVD or USB Flash Drive) – must

describe the technical, architecture of the product as installed, configured and customized. The technical documentation must include information regarding the relational database design (data dictionary), record or table layouts, file schemas and use of application programs interfaces (API’s), program description, and report manual. The contractor must compile and provide to the Town complete documentation for all COTS and customized components: 1. Data dictionary; 2. Database table layouts; 3. Interface specifications; 4. Data conversion processes; 5. Programs; 6. XML schema; 7. Stored queries and procedures;, and 8. Canned Reports list and Report layouts.

B. System’s Administration Documentation (two printed copies plus a CD/DVD or USB Flash

Drive) – must describe the steps and procedures needed to operate the product as installed, configured and customized, on a day-to-day basis. It must include information relating to procedures for system start-up and shut down, batch job submission procedures, security procedures, table maintenance procedures, etc.

C. User Documentation (two printed copies plus a CD/DVD or USB Flash Drive) – must describe the operation of the product, as installed, configured and customized from the end-user perspective. The documentation must cover sign-on and sign-off sequences, menu operation, screen descriptions, means of invoking online help facilities, report generation, etc., and the targeted to specific user groups.

D. At no additional charge to the Town, the contractor shall provide updated technical, System

Administrator, and user documentation when major system changes or updates occur such as versions and releases. The contractor shall provide this documentation in electronic format with permission for the Town to distribute internally as need. Documentation clearly explaining the new functionality features, corrections, etc. address by the release or version shall accompany each release or version.

E. The contractor shall provide documentation for any system configuration and or integration at

no additional costs to the Town. Provide the system documentation in MS WORD format.


F. Maintaining all documentation for the application environment on an ongoing basis is the contractor’s responsibility.

3.9 SOURCE CODE The contractor must agree to either provide their proposed system’s source code to the Town or

establish an escrow account with the exact version of the source code being implemented at the site. The contractor must provide the Town or escrow, the unaltered original code that they will then replace with the as-built code subsequent to completing the 1) testing, 2) acceptance and 3) implementation phases of this project. The contractor shall notify the Town each time code versions are sent to escrow in order to ensure that the Town has unrestricted access to and use of the source code under all circumstances including contractor ceases to conduct business, ceases to support the application or in all other cases terminates its relationship/ownership to the product.

3.10 OWNERSHIP of and ACCESS TO DATA and ASSOCIATED PRODUCTS

A. The application data is and must remain the as the sole property of the Town. Therefore, the

contractor shall make available to the Town all tools and capabilities native to the database/OS environment either Oracle/SQL Server, Unix/Windows, as proposed to allow for full access to that data. All tables, layouts, queries, stored procedures, XML schema and other content developed to support the operation of the database and the application in the Town of Herndon environment become the property of the Town, and made available to the appropriate Town personnel as needed and upon request. The contractor shall ensure that database query, extract and download capabilities into external formats such as MS Excel are completely operational and available for appropriate Town personnel to access using Town standard access mechanisms.

B. The above is not meant to include proprietary programs or other intellectual property unique

to the contractor’s solution. However, such claim to proprietary content cannot intrude on the Town’s right to access its data without unique interference or additional cost. The contractor shall clearly mark and or disclose any such propriety materials.

C. The Contractor may not use data owned by the Town for any purpose without the express

written consent of the appropriate Town staff assigned such authority.

3.11 ANCILLARY AGREEMENTS

The contractor shall provide and maintain separation of terms and agreements for Software, Licenses and Software Maintenance. Technical Support and Consulting Services. A. The agreement shall clearly define the use rights in the Software license. Unless otherwise

negotiated, the Town assumes a non-exclusive, perpetual use of any licenses purchased, independent of maintenance, services, and or support agreements. In general, the Town will not lease software licenses except under “Software as a Service” arrangements that include external hosting.

B. The contractor shall use a clearly define basis to calculate software maintenance, if any, and offer such maintenance as an option for the Town to purchase. The contractor shall include within the base license all costs for route updates, fixes, or patches and no additional separate maintenance contract is allowed. Unless otherwise negotiated, the Town assumes that the maintenance basis is the net price dollar amount of non-exclusive, perpetual use licenses time the annual maintenance percentage amount, not to exceed 15%, and due in advance of the period covered on an annual or quarterly basis. The contractor must clearly identify any


software customizations not covered in the maintenance terms. C. In conformance with the Town standards, the contractor shall deliver services, other than

maintenance on the software licenses, under separate terms as defined in the statement of work. The contractor must clearly define, separately, support services including consulting and development services, implementation services, and tech support for customizations not covered by software license maintenance. Unless otherwise negotiated and conforming to these requirements, the Town assumes all customizations and source code is fully covered under the maintenance agreement, if any.

3.12 SOFTWARE UPGRADES and PATCHES

A. The contractor shall make available to the Town, at no additional charge, all upgrades and patches to the software as they are released for as long as the Town is currently under the contractor’s software maintenance agreement.

B. To ensure that documentation is consistent with the operating environment, the contractor must deliver updated documentation concurrently with the software update.

C. The contract will apply upgrades and patches in accordance with the Town’s procedures.

3.13 HARDWARE REQUIREMENTS

The contractor shall provide all hardware as new equipment delivered in the manufacturers’ original packaging and carrying the manufacturers’ full warranty. The warranty period begins after system acceptance and certification by the Town that the equipment is in production use. The contractor shall install all equipment according to the manufacturers’ requirements. The contractor shall ensure that all hardware components are sized appropriately to ensure that the performance requirements of the contractor’s application are met. The contractor shall consider equipment specifications, if any, provided by the Town within this RFP as minimal requirements.

3.14 TELECOM SERVICES

The Town has implemented an IP-based telephony platform, that will use concepts of integration with enterprise messaging and data platforms.

3.15 TOWN INFORATION SYSTEMS REQUIREMENTS

Information systems delivery and management is governed by an Architecture Review Board and other program specific committees that are chartered to advise and /or direct development efforts and promote conformance to a variety of standards including but not limited to those in the IT Plan. In general, solutions must meet the following requirements: A. Enterprise Standards: The proposed solution must adhere to Town IT Enterprise Architecture

and Standards. The Town standards are consistent with those adopted by large, complex enterprises of similar scope, scale and portfolio diversity and industry best practices that enable interoperability across disparate systems. Often town applications are non-generic varieties specific to local government requirements and/or market and may require interoperability with state and federal processes, thus the town standards include standards being promulgated by the federal government. Corporate applications will typically use market best of breed that has versions tailored to government.

B. Application Platforms and Architecture: The Town is increasingly adopting the .Net platform


for new development and interfaces utilizing XML-based web services. We also support COTS products that are .Net or JAVA based. “Zero footprint” (pure web based with no client-side install) applications are preferred. The Town may accept thin clients in some applications.

C. Database/OS: The preferred database platforms are the most recent versions in use by the

Town of Oracle Solaris Server or SQL Server on Windows platforms. All database-related components of the solution, e.g. tables, stored procedures, scripts, XML schema, and related information must be fully accessible and available for support by central DIT or distributed Town IT personnel. COTS solutions should be developed and configured using prescribe standards for Oracle or SQL, and be flexible enough to run in consolidated database environments with other applications using different schemas and virtualization.

D. Analytics and Reporting: Currently, the Town uses several industry standard reporting tools

associated with COTS solutions. Proposed solutions should use standards report products and minimize the use of embedded and proprietary tools as the sole means of producing management and operations reports. Any such components need to be replaceable with the Town’s standard reporting and analysis solutions as needed. Also, when possible, the Town prefers to isolate the reporting database from the transactional database so that report analytics and deep system interrogation can be accomplished while in production mode without affecting user system performance experience.

E. Deviances: Deviances from the architecture and standards may become a barrier to the

sustainability of the Town’s integration and interoperability posture and may be subject to further review. All Offerors must specifically disclose all aspects of the proposed solution that deviate from the documented standards and desired architectures, and provide approaches for consideration about the manner in which non-standard components may be integrated.

3.16 SYSTEMS DEVELOPMENT AND LIFE CYCLE (SDLC)

All software development should be conducted in a manner that substantially complies with the Town’s requirements: A. Deliverable documentation must meet standards for content as well as for quality when such

requirements exist. B. The Town must have unrestricted use to reproduce and distribute any deliverables and

documentation for any internal needs. In addition, the Town must be permitted to distribute deliverables at its discretion to a third party to enable independent verification and validation.

C. The Town has adopted the use of virtual machine (VM) technology for all environments

except mainframe applications. Proposed solutions must be compatible with this approach.

3.17 SEPARATE COMPUTING ENVIRONMENTS

The Town may require up to five separate computing environments, with the ability to run concurrently, for development, testing, training, acceptance, and production. To ensure that each environment is technically equivalent, duplicate servers and workstations as specified below shall be utilized except where virtual machine technology is preferred by the Town. The Town will work with the vendor to duplicate or approximate other relevant environmental considerations such as the network and system loading to ensure realistic testing scenarios is facilitated.


3.18 SERVERS AND WORK STATIONS

The contractor shall list system hardware requirements in detail to include make model and number of devices required for the full implementation of the application. The contractor shall ensure that the hardware proposed is consistent with Town standards as outlined in the Town IT Plan.

3.19 INTEROPERABILITY

The Town is pursuing Data Level Interoperability and uses standards-based technologies to share specific data elements in specific ways.

3.20 GRAPHICAL USER INTERFACES

The Town has standard templates that are required for its web sites to have maximum consistency across applications and content. Any hosted applications and some COTS applications will need to contact the IT staff through the PIO to arrange for alternatives to use of these templates.

3.21 DATABASES AND OPERATING SYSTEMS:

A. Standards:

1. Database Abbreviations Dictionary

2. IT Dept Abbreviations

3. Oracle Application Project Document Standards

4. SQL Database and Database Objects Naming standards

B. Standard Town Data - Certain data elements are standardized in format and content to enable

enterprise-wide data usability, coordination of services, analysis, and public safety. New systems that use any of these elements are required to meet these requirements and any deviation from the standard must be documented and approved.

3.22 REPORTING TOOLS AND ANALYTICS PLATFORMS

The Town currently supports the following reporting Departmental or Functional applications/tools:

Database Reporting Tool

Oracle Oracle Report Writer Generic Crystal Reports XI SQL MS Reporting Services

Enterprise Solutions/Data Marts/ODS/DWH

The assigned project manager must approve, in writing, all deliverables

3.23 Gap Analysis


A. The contractor will conduct comprehensive detailed product design and discovery sessions that will address the Town’s requirements and supporting documentation. Its purpose is to allow the Vendor to perform a reasonability assessment and confirmation of the extent to which Town requirements are addressed by the baseline software, and confirmation of the extent to which product configurability will meet the Town requirements. The resulting gap analysis report will discuss how the proposed product will address each of the detailed requirements presented in this document. It will include a list of all required customizations to the vendor’s base application and a list of how the system will address all functional requirements as referenced below. These discussions are to promote the following activities:

1. Validate the functions and features of the product, 2. Identify required product modifications, 3. Determine interface requirements, and 4. Develop a final implementation plan.

B. The Town expects that the major deliverable of the Gap Analysis Task, the revised Detailed

Functional Requirements Matrix will reflect the actual customization required to implement the system. This matrix will become part of the contract. The use of this matrix will continue throughout the life of the project, including acceptance testing.

C. The contractor shall prepare the following documents for each one of the Project’s Tasks:

1. Final Revised Detailed Requirements Matrix; 2. Implementation Plan to include Customization and Configuration Plan, as well as

Gantt Chart prepared using MS Project; 3. Training Plan; 4. Final Staff Assignments; 5. Final Software Specifications; 6. Pricing Schedule for Labor Categories required; and 7. Other deliverables as negotiated.

3.24 Implementation Work Plan and Project Management

Within 15 days of the completion of the Gap Analysis phase, the contractor will provide the Town with a revised Project Implementation Plan showing the approach, level of effort, task listing and breakdown structure, major milestones and time to completion. The Work Plan, Milestones and Deliverables will include a Delivery/Completion Schedule that clearly identifies the deliverables and the time of delivery. The work plan should address implementation of each of the subsequent phases of the project.

3.25 Application Development and Configuration

The contractor shall customize the base system in accordance with the gap analysis, work plan, and functional specifications as developed and approved. Working with Town personnel the contractor shall perform all data conversion and initial table loading tasks. The contractor shall configure the system to meet operational and performance requirements including multiple user environments; all interfaces (internal and external), and all telecommunications links and the security environment. The Town will consider the task complete when the Town’s project manager has accepted all of the modifications.

3.26 Acceptance Testing


A. The contractor must demonstrate through an acceptance process stress test that the system performs as required in the Town’s technical environment according to Town technical specifications, from various remote facilities and that the system meets or exceeds the Town’s functional requirements. These functional requirements shall be in writing, and the contractor and the Town shall mutually develop specific written criteria for any acceptance testing that will objectively measure each such functional requirement.

B. The final acceptance test must use Town of Herndon approved data and include report generation.

C. The final acceptance test must use a dataset approved by the project manager and must

adequately represent a percentage of the live system.

D. The final acceptance test must exercise all functionality and components successfully.

E. The Contractor must test back-up/recover and failover features successfully.

F. The failure of any specific portion of the test will require that the entire test be rerun, not just the failed portion of the test.

G. The system is accepted only if the Town project managers agree that the full test was

successful and have certified in writing of final acceptance of the product.

H. No warranty period shall begin until after such certification of successful acceptance testing is issued.

3.27 Cut-over and Acceptance

The contractor is responsible for system migration. Cut-over activities must closely parallel the Town approved migration plan. The contractor, and other associated vendors and service providers will form A Cut-over Working Group composed of Town personnel to plan and execute the cut-over. A technical turnover of the modified system from the contractor to the Town’s IT staff will occur upon completion of installation. The Town requires full documentation of changes, file structures, and any other technical changes to the base system, as well as updated source code.

3.28 Training

A. The contractor shall develop a “Train the Trainer” work plan with a curriculum that is approved by the Town project manager in conjunction with Town personnel. The work plan should include periodic follow-up and update training when a new release or version of any application is installed. The contractor must develop a training plan and curriculum that specifies the required training and technical staff supporting the application. The contractor will coordinate its Town-approved training schedule closely with Town staff to coincide with the installation of the software and hardware. Upon acceptance by Town project managers, the contractor shall implement said approved plan.

B. In order to keep the training relevant to the ultimate look-and-feel of the system, as well as

fresh as possible, and still accommodate the necessary number of sessions, it is expected that training will not begin until after preliminary system acceptance and before migration. However, in no case will it begin longer than 60 days prior to the scheduled “go live” date.

C. The Town shall provide space sufficient for conducting the training, housing, and securing


the training equipment. Except for System Administration training or as mutually agreed by the parties, classes shall contain no more than ten (10) trainees. It is estimated that the limit of employees requiring training is no more than 10-12. The Town will work with and assist the contractor in the scheduling of the training program.

D. The contractor is responsible for providing sufficient training materials and take-away

documents such as user manuals and user guides/”cheat sheets” to adequately perform the initial training and provide follow-up reference material for the trainees.

E. The Town will work with and assist the contractor in the scheduling of the training program.

F. If the system go-live date is significantly delayed due to the contractor’s actions or faults,

costs associated with any repeat training sessions, as determined by the Town, is the contractor’s responsibility and re-training is performed at no cost to the Town.

3.29 Warranty

After final production cutover and acceptance testing certification, the system will move into the warranty phase, which extends for 365 days from the production cutover date.

3.30 Post Production Maintenance and Support

The systems shall move into maintenance and support mode upon the termination of the warranty period. As part of this step, the contractor will provide technical support and maintenance services as negotiated (if negotiated).

3.31 Other Services/Quality Control

At its option, the Town may procure theses services from a third party in order to perform independent verification and validation. When this requirement exists for a particular project, the Town will validate the findings, if any, and the contractor must address any of the noted as material issues in a timely fashion.

3.32 Additional Work

The Town may at its option request additional work under this contract including but not limited to interfaces.

IV. TECHNICAL PROPOSAL INSTRUCTIONS

4.1 GENERAL REQUIREMENTS

For selection consideration, Offerors must submit a complete response to this RFP. A complete response will consist of a proposal addressing all RFP specific requirements (see paragraph 4.2 below) submitted as one (1) original, four (4) copies and USB Flash Drive.

4.2 SPECIFIC REQUIREMENTS

A. Offerors should ensure that proposals are as thorough and detailed as possible so that an evaluation committee may properly evaluate the Offeror’s ability to provide the services required. The minimum information considered is the minimum content of the proposal. The Offeror shall arrange the proposal contents in the same order and identified with headings as presented herein. The Town encourages the use of recycled products, therefore, it is urged


that proposals submitted use paper made from or with recycled content and is printed on both sides. Proposals should not contain extraneous promotional materials. Offerors should utilize layperson terms and common terminology wherever possible. Proposals should cover the general topics outlined in this section and the Tasks intended for Performance and emphasize the Offerors approach to the work. The Town will evaluate proposals on the basis of information presented by the Offeror as it relates to the evaluation criteria listed in this RFP. Offerors must submit their proposals in a three ring binder containing the following information divided by tabs in the following order:

B. A signed and completed cover page; C. Table of Contents; D. Cover Letter:

The cover letter will provide a brief history of the Offeror and its organization. The letter will indicate the principal or officer of the Offeror organization who is the Town's primary point of contact during negotiations. This individual must have the authority to negotiate all aspects of the scope of services and provisions on behalf of the Offeror. An officer authorized to bind the Offeror to the terms and conditions of this RFP must sign the cover letter transmitting the proposal. This letter will also contain statements confirming inclusion of all proposal submittals.

E. Executive Summary

The Offeror will provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the Proposal. In addition, the Offeror must detail all exceptions to the exact requirements identified in this RFP clearly and specifically.

F. Offeror Profile and Product History

The Offeror will provide a profile of its organization and all other companies who will be providing products or services either through a subcontracting arrangement with the Offeror or through a separate contract to be negotiated with the Town. At a minimum, the Offeror will provide the following information:

• Name of firm submitting proposal; main office address; when organized; if a corporation,

when and where incorporated; appropriate Federal, and State registration numbers. If multiple vendors are jointly proposing, the Offeror should clearly define the roles.

• Number of years in business • Number of years involved with proposed software • Total number of employees • Number of employees dedicated to proposed solution (support, development, etc.) • Total number of clients with proposed product in production • Number of clients installed on release proposed • Number of signed contracts in progress • Latest gross sales revenue • Latest gross income • Latest 10Q Security Exchange Commission.

G. Understanding of the problem and technical approach;

• Statement and discussion of the requirements as they are analyzed by the Offeror.


• Offerors proposed definitive Scope of Work with explanation of technical approaches

and a detailed outline of the proposed program for executing the requirements of the technical scope and achieving project objectives.

• Preliminary layouts, sketches, diagrams, other graphic representations, calculations, and

other data possibly necessary for presentation, substantiation, justification or understanding of the proposed approaches and program.

• Offeror should demonstrate an awareness of difficulties in the completion of this

undertaking, and a plan for surmounting them. The Offeror should give special attention to methodological issues that are possible and anticipated for such a project.

H. Preliminary Work Plan

• The Offeror must present a description of the phases or segments into that the proposed

program logically is divided and performed, together with flow charts. The technical narrative should address separately each of the tasks described in the Request for Proposal and the Offeror should key responses to appropriate paragraph numbers. This section should also contain a discussion of any changes proposed by the Offeror that substantially differs from the project scope described in these Special Provisions.

• This section should include detailed descriptions of activities that are to occur, significant milestones, and anticipated deliverables. The Offeror needs to tie all payments to deliverables.

• The Offeror shall provide a high-level project implementation plan identifying the anticipated project timeline and a description of the approach.

I. Proposed Solution

1. Offeror must describe the computer hardware and system software platforms required to

install and operate the proposed applications. Details will include any operating system, support, or utility software with appropriate release levels, operation requirements, on-line diagnostics and help, security requirements, connectivity requirements, and disaster recovery program. A detailed description of the proposed system configuration, associated system components, and available options must be included, as well as a list of the necessary installation and training services. Describe proposed method for interfacing to other systems.

2. Describe Software Application

Offeror must provide a detailed description of the product functionality, capabilities, reliability, performance, and include a discussion of any limitations as compared to the requirements set for the in the RFP. Discussion of the proposed solution should include but not limited to:

a. Tee Sheet Capability:

• The tee sheet module shall present a real-time view of a course’s entire tee sheet

for the current date or for any future date for which reservations can be made. It shall allow staff to reserve a tee time for a golfer already included in the customer database or one who is not with minimal effort. It shall also readily


identify and allow the tracking of no-shows. • It shall facilitate check-in of golfers from the tee sheet with minimal effort, and

populate the point-of-sale screen with greens fees and cart fees based on time of play and type of golfer. A wireless interface from the tee sheet to the starter station is also desired.

• The tee sheet module shall automatically interface with the application’s online

tee-time reservation function as well as with any third-party aggregator used by HCGC.

• Capabilities shall also allow appropriate staff to review tee sheet fill status, or

look-up and reserve individual tee times across all system golf courses. • The tee sheet, in conjunction with the POS module, shall have the ability to

support a program of flexible discounting and a dynamic pricing system based on past tee sheet fill rates and patterns.

b. Online Tee-Time Capability:

• The online tee-time module must be fully customizable regarding graphics,

colors, layout, rules, policies, etc. It must allow HCGC to design and modify web page content at any time.

• Real-time integration of the tee sheet module with the online tee- time function is required.

• The online tee-time function must be capable of interfacing with third-party

reservation aggregators such as GolfNow in real-time for purposes of receiving reservations.

• The online tee-time function will be hosted by HCGC. It shall provide golfers the

ability to reserve as well as pre-pay for reservations made on the website. It shall also permit golfers to modify or cancel existing reservations following cancellation policies configured by HCGC.

• This function shall accept real-time updates to changes made in the tee sheet.

• It shall support the ability to add data to or update existing customer records

online.

• It shall support the ability to book advanced tee time reservations for a fee. (This is a business feature currently in operation with the HCGC’s present online tee time provider SPS Golf Management Solutions.)

• The online tee-time module shall also have either a mobile app or be capable of

recognizing that a golfer is using a mobile device to make a tee-time reservation and customize the experience to that type of device.

• Online tee time capabilities shall also allow golfers with annual memberships or

pre-paid multi-round passes to reserve tee times.

c. Point of Sale Capability:


• The point-of-sale module shall be well-integrated with the tee sheet to promote

the quick, seamless hand-off of golfers for payment during check-in, and with the customer database to provide a comprehensive record of golfers’ use and purchase history.

• The point-of-sale module shall be well-suited for operation in the pro shop

environment, and allowing for: inventory sale via bar code and scanner, inventory control and management and quick look-up of customer records.

• It shall allow staff to issue, track and redeem rain checks; process voids, no sale

transactions and other typical cashier transactions. The system shall also capture/track cashier exceptions.

• It must accommodate existing HCGC rules for junior, senior and resident

discounting of golf rounds and provide the ability to redefine these rules, as needed, in the future.

• The point-of-sale module shall permit the sale, the maintenance and tracking, the

partial redemption, and the complete redemption of proprietary golf gift cards. Gift cards when redeemed should be able to credit sale to any revenue line such as green fee, merchandise, range balls etc. with easy tracking and crediting.

• The point-of-sale module shall accept full or split payments for transactions,

including gift cards, cash, check, debit cards, credit cards, rain checks, and the application of available customer account credit.

• POS inventory records shall contain, use, and allow modification of the

following data fields: unique item code, location, category, sub-category, item description, general ledger account, taxable status, refundable status, discountable status, sell on-line status, regular price, sale price, sale activation/deactivation dates, pass expiration-date/age/#-rounds/(fixed/time-based) type/eligible location parameters, and assignable customized receipt message association. The POS module shall provide the ability for item editing/maintenance. The ability to replicate inventory items across locations, programmatically assigning the appropriate location code, is desired.

• The POS module shall provide for the sale of time-based memberships (such as

annual memberships), which allow the member golf course access without purchasing a round.

• It shall have the capability to schedule price changes in advance, denote

beginning and end dates for sale prices, and provide line-item and transaction level discount capability based on the discount flag settings in the item record.

• Member records shall track the last sale date for a POS or online purchase, and

all POS inventory items shall have a system-maintained field that tracks the last date an item was sold. All item record modifications shall be tracked and recorded in an accessible audit log by date, time, operator and old and new field values.

• The POS function shall maintain the concept of “POS batch” processing (aka

operator accountability), whereby one operator is associated with a complete


series of transactions during a shift, and upon closing of the shift, a report of all transactions are available in a detailed printout/report that also summarizes the cash drawer activity (cash, checks, credit card, other payments received), that in turn enables reconciliation of the system record to actual cash in hand.

• The credit card processing feature must have the capacity to work with other

credit card processors.

d. Customer Database, Marketing and Customer Relationship Management Capability: • The preferred system shall contain a single, centralized or shared customer

database.

• The member database record shall contain key identifiers, such as: telephone number and email address. The member record shall also contain the unique key member number. A unique barcode number associated with a bar-coded pass card would also be desirable. The POS module will search these data fields and display existing matches when searching for and creating member records. Base customer records shall allow for the entry of both demographic and customer contact information.

• The database shall be integrated with the tee sheet and POS functions to provide

the ability to track all golf rounds play and other POS activity associated with each customer.

• As an implementation task, HCGC may require the creation and initialization of

customer records based on a data transfer from HCGC’s current customer database (Excel Spreadsheet).

• The customer database must be easily accessed from the point-of-sale and tee

sheet modules to promote the rapid, ad hoc update or entry of golfer information. It shall be easily searchable by staff using only a few characters of the golfer’s name or their telephone number. It shall also allow quick look-up of an individual customer transaction history.

• The customer database must contain data mining tools to allow creation of

segmented customer lists for targeted email marketing based on all fields available in the database, including demographic characteristics, recent play and purchase history, golfer type, pass sale or expiration date, no-show history and zip code.

• Via kiosk, tablet or other electronic device, the system shall provide a means for

golfers in the pro shop to input their own contact information (email address) that can be subsequently populated to the customer database.

• Email marketing capabilities shall include, but not necessarily be limited to:

1) Planning: a planning calendar to allow scheduling for automated

distribution of email marketing communications; 2) Development: ability to develop/customize, store and re-use email

templates, ability to send both text and HTML emails with links;


3) Distribution: ability to send ad hoc or scheduled email from either the customer database or external lists; must be capable of sending e-mail via SMTP over port 25 using anonymous authentication;

4) Metrics: must track marketing effectiveness measures including open and click through rates.

• Marketing capabilities shall also include the ability to develop issue and track use

of promotional discounts, offers and coupons.

• Customer relationship management functions must include the ability to implement and manage a customer rewards function with the ability to track frequency of play and/or expenditure levels and be able to reward customers for their loyalty. It must be able to track these rewards with a report on activity, automatically register customers in the customer rewards program when the customer renews or purchases a multi-round pass, and be capable of resetting reward balances based on HCGC-defined criteria.

e. Food and Beverage Capability:

The system shall accommodate snack bar and restaurant environments. Capabilities shall include, but not necessarily be limited to: user-defined touch screen interface for menu items; inventory management; ability to split checks and allow multiple forms of payment; the ability to accommodate order modifications and voids; and optionally, order printing to the kitchen. Currently, food and beverage operation is contracted to an outside vendor. So currently not requirement, but may be needed in the future.

f. Events/Outings Management Capability:

The system shall have features which assist in the processing and handling of groups. Capabilities shall include, but not necessarily be limited to: tee sheet integration that provides the ability to block/schedule tee times for outings/events; payment tracking that accepts and credits deposits and partial payments.

g. E-Commerce Capability:

• The system shall support a scalable e-commerce function that is hosted by the

HCGC and can support current HCGC capabilities and expand into others in the future.

• Capabilities for optional future e-commerce activities could include sales of gift cards, pro shop inventory, multi-bucket range passes, and event registration.

h. Management and Financial Reporting Capability:

• A flexible reporting function is required that allows reporting across all modules

both by location (i.e., course) and at a consolidated, system-wide enterprise level.

• Reporting capabilities must have the ability to meet the following Town financial reporting requirements:

1) Production of daily site cash reports reconcilable to daily bank deposits;


2) Every item sold (whether via POS, food and beverage or Internet) must be capable of crediting revenue to a specific three-part G/L account which corresponds to a unique revenue location, category and function;

3) Ability to report cashier exceptions.

• The system shall provide comprehensive audit trail capability, including the creation, modification or deletion of data by date, time and operator/user. If modifications are performed by background processes, the audit trail shall identify the user as background.

• It must be capable of reporting for any date range the number of rounds and

associated revenue by course and by all round types, such as peak rounds, off-peak rounds, various discounted rounds, complimentary rounds, rain checks, early-bird rounds, sundown rounds, etc. It must be capable of comparing the current year-to-date and prior years-to-date (based on information in the database as the data grows over time).

• The module must be able to produce reports related to customer retention,

frequency of play, golfer history by golf course, and demographic information about customers, and more.

• The management reporting function must provide ad hoc reporting capabilities

across all modules, allowing authorized users to identify tables, data elements, and relationships desired.

i. Customization Capability:

HCGC seeks a vendor who can provide customized modifications to meet changing needs and requirements as the HCGC golf operating/business environment evolves and changes over time. Offerors shall demonstrate their approach to addressing customer enhancements.

j. Interface Capability:

The application must be capable of uploading information via file transfer from Town’s existing system, ParkNet, for implementation purposes. It must also be capable of interfacing with Town’s MUNIS financial systems, preferably using SAP’s API’s, and with other systems in use.

k. Point-of-Sale (POS) Hardware:

• The vendor must describe the POS hardware environment that is ideal for

operating the application, including but not limited to base unit or CPU (computer or thin-client); magnetic code scanner; bar code scanner; receipt printer; cash drawer; touch screen availability; other monitor; camera; operating system version; etc.

• The vendor must provide a detailed specification list for all hardware required for

successful implementation and operation. The Park Authority may choose to order and provide point-of-sale hardware that meets the vendor's specifications.

• The application must be accessible from thin client type workstations (Wyse-

brand, similar or equivalent) as well as from desktop computers running versions


of the Windows operating system. Reporting capability is not necessary from thin clients.

• All POS devices connected to the Town’s Enterprise Data Communications

Network via a protected VLAN must meet PCI standards. The vendor will need to work with Town security staff to develop appropriate firewall rules.

l. Server Hardware:

System must have inherent high-availability or be capable of being installed into a highly-available environment (clustering, fail-over server farm, etc.). It should be capable of running on a traditional or on a virtual server.

m. Client Software:

• Client software, if necessary, must meet Town of Herndon’s Information

Security standards.

• If client software is browser-based it must be compatible with Microsoft Internet Explorer Versions 8 and 9

n. Server Software:

• Server software must meet Town of Herndon Information Security standards.

• Server software must be Windows Server 2008 R2-compatible. • The application must have integrated backup capability or be capable of being

taken offline programmatically for scheduled backups. It must provide for the ability to restore backups to a test and/or training environment for backup verification purposes or some other means of backup verification must be provided.

• It should provide automated notifications or system alerts without the need for

manual queries. Notifications should include system failures. Automated notifications might be of the following type: flags, automatic e-mails, reports automatically generated and e-mailed, or other type of notification that will gain the attention of managers.

• Application must include an API for data access by third party vendors.

o. Describe Security

• Describe special access requirements to remote/field locations.

• Describe Firewall access requirements and limitations.

• If the proposed system resides in the Town’s data center the application should

use Microsoft’s Active Directory for internal user authentication and authorization. Offerors must describe the certification/authentication in their proposed system.

• Offeror must describe the business rules related to access to the proposed system.


Offeror must describe what security methods and standards are used for mobile devices.

p. Describe Network Requirements

• Describe any batch processing requirements. • Describe integration requirements to other systems.

q. Describe Training Plan

• Propose for the initial training of trainers and materials to be provided the plan

for ongoing training of users. • Plan for systems administration training. Indicate the prerequisite skill set

required for this function.

• Provide sample training plan.

r. Testing Plan

• Describe approaches to be used to resolve any issues resulting from testing conducted. Include timeframe allowed to resolve any issues identified in testing.

• Provide sample test plan.

s. Include an Updated Software Maintenance Agreement

• Description of services provided as part of the recurring annual maintenance fee,

such as software fixes, updates. • Cycle for updating the product as operating systems and servers are updated.

• Cap on the escalation of annual fees over time commensurate with the CPI.

• Schedules for regular user conferences.

• Description and rates associated with services which are not covered under the

annual maintenance agreement and fees.

t. Describe Product Support

Offerors must provide an updated maintenance and support agreement which describe the levels and types of support included. Park Authority is seeking data base availability of 99.9 percent. Discussion of the proposed support should include but not limited to:

• Help Desk Hours

• Levels of support available (critical, urgent, important, needed, and desired)

• Escalation Procedures for Problem Resolution


• Priority Scheme for establishing problem priority and response times

• Staff assigned to Town account or assigned to help desk calls

• Methods used to track calls to resolution

• On-site support provided from the system cut-over to production including hours and levels of support

• Cycle for application releases, maintenance patches, and updating the hardware.

• Online help for users of the proposed system.

u. Identify Database Software

• Proposed Database

• Proposed Database Release/ Patch Level

• Operating System for Database Server

• Proposed Development Tools

• Referential Integrity Maintenance NONE, Application, Database, Both

Application and Database

• Entity Relationship Diagram

• Complete list of Tables with groupings by business area or application area

• Proposed Production Backup scenario

• Application database release cycle, i.e. Monthly, Quarterly, or Annually

• Estimated Storage requirements, 1 month, 6 months, 1 year, 3 years, 5 years

v. Describe Desktop and Connectivity Requirements

• Server • Client

• Discussion of Town’s environment in context of proposed solution

• Identify all software resident on user PC

• Identify any hardware, software, services required to connect to Town network:

a. Functions b. Features c. Include data model/ERD d. Include architectural diagram


w. Provide a Software License Agreement

Offerors will provide in this section a copy of all software license agreements that they will be requesting the Town to execute. In general, the Town prefers to obtain non-exclusive perpetual licenses. The license agreements should address all software components including third-party software, base system software provided by the Vendor, and custom software developed specifically for this project. The software license agreements provided should be the actual documents (or exact duplicates) of the forms to be used for this project, not a typical or sample document. The Offeror shall identify any conditions of the software license agreements that differ from the requirements for software licensing identified in the Contract Documents.

x. Software Updates:

• The Offeror must explain how new releases or upgrades are handled; indicate

how long it takes on average to install and test a change/release/upgrade, and describe the typical process used to implement updates/changes/releases. Offerors shall also provide the dates and release number for enhancements and service releases for the past five years.

• In addition, the Offeror will provide information on the following as described in

the RFP sections as indicated:

a. Architecture b. Hardware c. Software d. Version and revision levels of O/S e. Upgrade/Refresh Path f. Application programming code g. Risk management

4.3 TREATMENT OF THE ISSUES

A. In this section, the Offeror may also comment (if deemed appropriate) on any aspect of

the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development, and organization of the issues presented in the “Tasks to be Performed,” and “Statement of Requirements” section, as well as proposal of alternative approaches.

4.4 STATEMENT OF QUALIFICATIONS

The statement of Qualifications must include a description of organizational and staff experience, and resumes of proposed staff.

A. Organizational and Staff Experience:

Offerors must describe their qualifications and experience to perform the work described in this Request for Proposal. Information about experience should include direct experience with the specific subject matter. The Offerors record should reflect experience in work of a similar nature to that being proposed. Relevant experience must be associated with projects completed not more than three years prior to the date of this RFP. The Town prefers organizational competence certified at the CMMI Level 2 or higher.


B. References:

Special notation must be made of similar or related program experience in development of similar system. Said references must include organization names, addresses, and names of contact persons, and telephone numbers. Offerors shall provide at least three references from clients that received a solution as complex as the solution requested herein. References should contain the contact information for relevant installation sites, including customer name, site location, industry, customer base, user base, implementation date, hardware platform, product name/version number, and a brief description of the engagement.

C. Customer List:

The Town requires the Offeror(s) to submit a complete customer list which will be held as confidential Information by the Town; however, the Town may contact any customer on the list to discuss their experience with the Offeror(s). The Town requires the Offeror(s) to identify customers with similar operations in size and scope.

D. Personnel:

Full-time and part-time staff proposed consultants and subcontractors, who may be assigned direct work on this project, should be identified. Information is required, which will show the composition of the task or work group, its specific qualifications, and recent relevant experience. Special mention shall be made of direct technical supervisors and key technical personnel, and approximate percentage of the total time each will be available for this project. The technical areas, character, and extent of participation by any subcontractor or consultant activity must be indicated and the anticipated sources will be identified.

E. Resumes: Resumes of staff and proposed consultants are required indicating education, background, recent relevant experience with the subject matter of the project. Current telephone numbers and emails must be included.

F. Staffing Plan:

Required to describe the Offerors proposed staff distribution to accomplish this work. The staffing plan should indicate a chart that partitions the time commitment of each professional staff member across the proposed tasks and a timeline for the project. It is mandatory that this section identify the key personnel who are to work on the project, their relationship to be contracting organization, and amount of time to be devoted to the project. This requirement includes Consultants as well as regular employees of the Offeror, if relevant.

1. The Town will only accept Contractor personnel who have significant, relevant

experience with the software vendor’s systems and can show a successful track record at locations of similar size and complexity as Fairfax Town. With two weeks’ notice, Contractor must replace any personnel deemed unacceptable by the Town.


2. All Contractor personnel assigned to work on-site on the project may be required to undergo a criminal history check and sign a non-disclosure agreement. Off-site personnel may also be subject to a criminal history check depending on the sensitivity of the data involved. Please note that arrangements for required criminal history checks must be made in advance with appropriate Town personnel. The Town reserves the right to reject any personnel proposed by the Contractor for any reason.

3. Support personnel proposed must have the necessary level of training and experience

with the application suite to ensure that the Town is receiving expert-level support. The Contractor must provide the Town with a listing of all certificates, training courses and other relevant evidence to document the level of expertise of proposed support personnel.

4. The personnel named in the technical proposal will remain assigned to the project

throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by the Town’s Purchasing Agent.

G. If a “best of product” approach is proposed, preference will be given to Offerors that

have proven experience working in a similar implementation with the vendors in their proposal.

4.5 FINANCIAL STATEMENTS

The Offeror shall provide a summary of their income statement and balance sheet (not the 300+ page document) from the most recent reporting period.

4.6 PROPOSAL PREPARATION

An authorized representative of the Offeror shall sign the proposal and submit all information requested by the solicitation. Failure to submit all information requested may result in the Purchasing Agent requiring prompt submission of missing information and/or giving a lower evaluation of the proposal. The Town in its sole discretion may reject proposals that are incomplete or lack key information. Prepare proposals simply and economically a possible with emphasis on completeness and clarity of content. The Offeror shall submit each copy of the proposal in a single volume with all documentation, except of proprietary information, bound into a single volume. The Offeror should separately bound proprietary information clearly marked with an attached written statement detailing the reason why protection is necessary.

4.7 ORAL PRESENTATIONS

The Town may require Offerors to give an oral presentation of their proposal to the evaluation committee. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. The Purchasing Agent will schedule the date, time, location and duration for these presentations. Submit complete proposals. Oral presentations are an option and the Offeror may not place a request to give such.

V. COST PROPOSAL INSTRUCTIONS

5.1 The Offeror must submit a Cost proposal in a separate binder with all complete pricing appropriate to accomplish the tasks outlined herein. The cost proposal must also be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed


pricing. 5.2 Offerors must provide a price breakdown for each service separately, as appropriate, as well as

totals for services provided together if pricing differs.

A. The Offeror will provide a detailed breakdown of all costs required for the successful implementation and ongoing operation of the proposed solution. The Town encourages the offeror to identify fully the costs associated with the proposed solution. To minimize or hedge on product costs will only serve to place the offeror at a disadvantage.

B. The offerors cost proposal must include deliverables-based milestones with all proposed

pricing tied to successful completion of those milestones. Offerors should provide fixed prices in all areas where possible and give their best estimates on all others. The Offeror must identify those costs that are not fixed. Proposed pricing shall be F.O.B. Destination and shall NOT include state and local taxes.

C. The Town will require the offeror to propose all equipment and material on this project.

All equipment will be new, unless otherwise agreed to in writing by the Town. The Town has the option to solicit third parties for alternative costs.

D. Breakdown of direct labor and labor overhead costs including number of man-hours and

applicable actual or average hourly rates, overhead rate, and supporting schedule.

E. Travel and per diem or subsistence costs, if any supported by breakdown, including destination, duration, and purpose.

F. The offeror must specify all costs for developing interfaces and data conversion of all

data identified in their response. Offerors should include the cost of conversion to a format compatible with the new system, provide the length of time to convert and upload the data, and explain how data conversion will be accomplished.

G. Breakdown of all other expenses such as clerical support, other overhead costs, supplies,

etc.

Caution: Failure to break down cost elements may render the Cost proposal non-responsive. 5.3 CONSULTATION SERVICES

A. The contractor’s staff must be available for consultation with Town staff on an as-needed basis between 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. The Contractor must be available by way of telephone and email.

B. The contractor must provide a single point of contact for resolution of technical issues to

include problem analysis, estimate for resolution, escalation (if necessary), and follow-up at regular intervals, until the problem is resolved to the Town’s satisfaction. The contact shall be available by way of telephone and email on an as-needed basis between 7:00 AM and 7:00 PM, Eastern Time or Eastern Day Light Savings time, Monday through Friday.

5.4 PRICING

A. The contract will be a firm-fixed price agreement. The fee(s) will remain firm for the life

of the contract.


B. Offerors shall include pricing in their proposal for the out years (renewals) of the contract.

C. Offerors should include all costs in the proposal and the negotiated contract will be the

final price for the agreed upon goods and services. No allowances will be made for additional invoicing for goods and services in the contract without a change order to the contract signed by the Town’s Purchasing Agent.

VI. EVALUATION AND AWARD CRITERIA

A. BASIS FOR AWARD

1. The Purchasing Agent reserves the right to award a contract by individual items, in the

aggregate, or in combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the Town. An Evaluation Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided with the proposal, and the evaluation criteria listed below. Based upon this review, the cost proposals of the highest rated Offeror(s) will then be reviewed.

2. No Offeror, including any of their representatives, subcontractors, affiliates and

interested parties, shall contact any member of the Evaluation Committee or any person involved in the evaluation of the proposals. Evaluation Committee members will refer any and all calls related to this procurement to the Purchasing Agent. Failure to comply with this directive may, at the sole discretion of the Town, result in the disqualification of an Offeror from the procurement process

EVALUATION CRITERIA The Town will select the proposal that is responsive and the most advantageous to the Town as determined by the Town. The Town intends to award a contract, subject to the terms of this RFP, to the Offeror that offers the best overall value. The Town will evaluate proposals based on the criteria as listed below.

An evaluation committee will independently review, evaluate and rank each proposal received using the following criteria:

CRITERIA MAX PTS

ASSIGNED PTS

Proposal preparation - Item 4.6 10

Capabilities of the firm to accomplish the scope of services identified in this request for proposal - Item 3

25

Compatibility with MUNIS 35

Experience of the firm in providing similar types of services/statement of qualifications - Item 4.4

10

Section V Cost Proposal Instructions, subsections 5.1 - 5.4 20 TOTAL POINTS 100


VII. AWARD PROCESS

The Town of Herndon Evaluation Committee shall engage in individual discussions with two or more Offerors deemed fully qualified to provide the services as described in this RFP. Repetitive informal interviews are permissible. Each Offerors is encouraged to elaborate on their qualifications and performance data or staff qualifications pertinent to the proposed project, as well as alternate concepts.

At the discussion stage, the town may discuss non-binding estimates of total project costs including,

but not limited to, non-binding estimates of cost of services.

Evaluation Committee members shall not disclose proprietary information from competing Offerors to the public, other staff or to competitors.

At the conclusion of the informal interviews, on the basis of evaluation factors published in the

Request for Proposals and all information developed in the selection process to this point, the Town shall select, in the order of preference, two or more Offerors, if possible, whose professional qualifications and proposed services are deemed more meritorious. The Town shall then conduct negotiations beginning with the Offeror ranked first. At this negotiation stage the Town may discuss and/or request binding estimates of costs, fee per task, and, if desirable, binding estimates of hours and hourly costs for requested services. If a contract that is satisfactory and advantageous to the Town is negotiated at a price considered fair and reasonable, the Evaluation Committee shall make a recommendation to the Town Council advising of an award to that Offeror. Otherwise, the Evaluation Committee shall formally terminate negotiations with the Offeror ranked first and shall begin conducting negotiations with the Offeror ranked second, and so on until such a contract is negotiated at a fair and reasonable price.

The Town may negotiate and award a contract to an Offeror that it determined, in writing, is the single fully qualified Offeror, or that one Offeror is clearly more highly qualified and suitable than the others under consideration.

VIII. CONTRACT TERM AND RENEWAL OPTIONS

The resulting contract will cover a period of one year from the date that the contract is fully executed. This contract has three (3) five-year renewals that continues the terms and conditions of the original contract. The Town shall provide written notice of its intent to extend the contract approximately 90 days prior to the completion date of each annual contract period.

IX. RIGHT TO REJECT PROPOSALS

An authorized representative of the firm shall sign all proposals, and the Offeror shall submit all information as requested. Failure to submit all requested information may result in the rejection of the proposal.

X. DEADLINE FOR SUBMISSION

For selection consideration, the Offeror shall submit a complete response to the Request for Proposal by the stipulated deadline. Forward proposals via mail service or hand-delivered to:

Town of Herndon Attn: Purchasing Agent 777 Lynn Street


Herndon, Virginia 20170-4602

The Town must receive all proposals no later than Friday July 14, 2017 at 3:00 p.m. Clearly mark the proposal envelope with “RFP #17-06 GOLF COURSE MANAGEMENT SYSTEM.”

XI. CONTRACTUAL ORDER OF PRECEDENCE

In the event of conflict, the provisions of the Contract and any subsequent amendments shall take precedence over any other contractual documents. The Contract consists of the following documents (the “Contract Documents”), that in the event of conflict shall have the following priority (highest to lowest):

12.1 Contract Amendment(s) 12.2 Contract:

a. Solicitation 17-06 and addendums b. Signed Offeror’s Proposal as submitted c. Duly-Signed Summary of Negotiations and Acceptance

XII. DELAYS AND SUSPENSIONS

12.1 The Town may direct the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the Town. The Town will extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The Town may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

12.2 If the Town does not direct the Contractor, in writing, to suspend, delay, or interrupt the

contract, the Contractor must give the Town Purchasing Agent written notice if the Town fails to provide data or services that are required for contract completion by the Contractor. The Town may extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The Town may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

12.3 The Contractor shall continue its work on other phases of the project or contract, if in the

sole discretion of the Purchasing Agent such work is not impacted by the Town’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

XIII. TERMS and CONDITIONS (Vendor: The general rules and conditions which follow apply to all purchases and become a definite part of each formal solicitation and resulting contract award issued by Town of Herndon, unless otherwise specified. Offerors or their authorized representatives are expected to inform themselves fully as to the


conditions, requirements, and specifications before submitting proposals; failure to do so will be at the offerors’ own risk and relief cannot be secured on the plea of error.) Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, proposals on all solicitations issued by Town of Herndon will bind Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. 1. AUTHORITY – The Procurement Official has the sole responsibility and authority for negotiating,

placing and when necessary modifying every solicitation, contract, and purchase order issued by the Town. In the discharge of these responsibilities, the Procurement Official may be assisted by assigned buyers. Unless specifically delegated by the Procurement Official, no other Town officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the Town for indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the Town shall not be bound thereby.

2. LATE PROPOSALS & MODIFICATIONS OF PROPOSALS –

a. Any proposal/modification received at the office designated in the solicitation after the exact time specified for receipt of the proposal/modification is considered a late proposal/modification. The time/date stamp clock located at the front counter at 777 Lynn Street, Herndon, VA 20170 shall serve as the official authority to determine lateness of any proposal. A late proposal/modification will not be considered for award except under the following conditions only: 1. It was sent by registered or certified mail not later than the fifth (5th) calendar date prior

to the date specified for receipt of the proposal/modification; or 2. The proposal/modification was sent by mail and it is determined by the Procurement

Official that the late receipt was due solely to mishandling by the Town after receipt at the address specified in the solicitation.

b. If the Town declares administrative or liberal leave, the Town will extend to the next business

day proposal openings or receipt of proposals.

c. A late hand-carried proposal will not be accepted, or any other late proposal not submitted by mail, shall not be considered for award.

3. IDENTIFICATION OF PROPOSAL ENVELOPE –

If a proposal is not addressed with the information as shown above, the Offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

4. COMPLETENESS – To be responsive, a proposal must include all information required by the

solicitation. 5. PROPOSAL OPENING – All proposals received in response to this Request for proposal (RFP)

will be opened at the date, time and place specified, and the name of the responders will be read aloud publicly.


6. OMISSIONS & DISCREPANCIES – Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. Should an offeror find discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, he or she shall notify the Procurement Official at least five (5) days prior to the date set for the opening of proposals. If necessary, the Procurement Official will post a written addendum for clarification to all offerors no later than three (3) days before the date set for opening of proposals. Notifications regarding specifications will not be considered if received within five days of the date set for opening of proposals.

7. OFFERORS INTERESTED IN MORE THAN ONE PROPOSAL – If more than one proposal is

offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such proposals may be rejected. A party who has quoted prices on work, materials, or supplies to an offeror is not thereby disqualified from quoting prices to other offerors or firms submitting a proposal directly for the work, materials or supplies.

8. TAX EXEMPTION – The Town is exempt from the payment of any federal excise or any Virginia

sales tax. The price proposed must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price, an offeror may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the Federal Excise Tax Exemption Number is 54-6001349. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the Town at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

9. PROHIBITION AGAINST UNIFORM PRICING – The Procurement Official shall encourage

open and competitive responses by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market methods of procurement. In submitting a proposal each offeror shall, by virtue of submitting a proposal, guarantee that he or she has not been a party with other offerors to an agreement to submit fixed or uniform prices. Violation of this implied guarantee shall render void the proposals of participating offerors. Any disclosure to or acquisition by a competitive offeror, in advance of the opening of the proposals, of the terms or conditions of the offer submitted by another competitor may render the entire proceedings void and may require re-advertising for proposals.

10. DEBARMENT STATUS – By submitting their proposals, Offerors certify that they are not currently

debarred from submitting proposals on contracts by the Town, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by the Town.

11. ETHICS IN PUBLIC CONTRACTING – The provisions contained in Sections 2.2-4377 of the

Virginia Public Procurement Act, as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the Town. By submitting their proposals, all Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with 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.


12. NO CONTACT POLICY – No Offeror shall initiate or otherwise have contact related to the solicitation with any Town representative or employee, other than the Purchasing Department, after the date and time established for receipt of proposals. Any contact initiated by an Offeror with any Town representative, other than the Purchasing Department, concerning this solicitation is prohibited and may cause the disqualification of the Offeror from this procurement process.

13. ADDENDA – All addenda shall be signed, dated and included with the proposal submitted.

Addendums become part of the solicitation documents, must be addressed in the offer and shall become a Contract Document. The Town accepts no liability for late or non-receipt of addenda.

14. CRIMINAL SANCTIONS – The provisions referenced in Ethics in Public Contracting supplement, but

do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interest Act (§ 2.1-639.1 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.), and Articles 2 (§ 18.2-438 et seq.) and 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2. The provisions apply notwithstanding the facts that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

15. PROPOSAL PRICE CURRENCY - Unless stated otherwise in the solicitation, Offerors shall state offer prices in US dollars.

16. LICENSE REQUIREMENT – All firms doing business in the Town of Herndon are required to be

licensed in accordance with the Town's "Business, Professional and Occupational Licensing (BPOL) Tax" Ordinance and the BPOL license number must be indicated on the proposal form. Wholesale and retail merchants without a business location in the Town are exempt from this requirement. Questions concerning the BPOL tax should be directed to the Finance Department, Revenue Office, and telephone number (703) 435-6813.

17. INSURANCE – Whenever any work and/or services are provided, either in or on Town owned property,

the following shall apply: a. The contractor shall provide the Procurement Official with a Commonwealth of Virginia

Certificate of Insurance PRIOR to the commencement of any work under the contract and agrees to maintain such insurance until the completion of the contract. The minimum limits of liability shall be:

1. Workers' Compensation--Standard Virginia Workers' Compensation Policy. 2. Broad Form Comprehensive General Liability--$1,000,000 per occurrence coverage to

include: 3. Premises - Operations; Products/Completed Operations; Contractual; Independent

Contractors; Owners and Contractors Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.);

4. Automotive Liability--$1,000,000.00 per occurrence. 5. Professional Liability/Errors and Omissions

6. Profession/Services: Limits:

Accounting/Actuarial $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or


Abatement Contractor $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner $1,750,000 per occurrence, $3,000,000 aggregate 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

b. The Town reserves the right to require higher limits on any contracts provided notice of such requirement is stated in the solicitation. The Town is to be named as an additional or co-insured. A thirty- (30) day written notice of cancellation or non-renewal shall be furnished by certified mail to the Procurement Official at the address indicated on the solicitation.

c. Contractor's signature of the solicitation constitutes his/her certification that, if awarded the

contract, the Contractor shall obtain the required coverage as specified above and proof of coverage as contained herein shall be submitted within ten (10) calendar days after notice of award. The Contractor’s signature also signifies that this coverage shall be maintained for the duration of the contract. “Claims made” policies must be in force or that coverage purchased for three (3) years after contract completion date

18. NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS – A binding contract is deemed in

effect upon the issuing of a written award (or Acceptance Agreement) furnished to the successful offeror.

19. TERMINATION OF CONTRACTS – Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or

upon termination by the Town for Convenience or Cause. b. Extended upon written authorization of the Procurement Official and accepted by Contractor, to

permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

20. TERMINATION FOR CONVENIENCE – A contract may be terminated in whole or in part by the

Town in accordance with this clause whenever the Procurement Official shall determine that such a termination is in the best interest of the Town. Any such termination shall be effected by delivery to the Contractor at least thirty (30) days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

21. TERMINATION OF CONTRACT FOR CAUSE –

a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Town shall thereupon have the right to terminate, specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall, at the option of the Town, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.


b. Notwithstanding the above, the Contractor shall not be relieved of liability to the Town for

damages sustained by the Town by virtue of any breach of contract by the Contractor for the purpose of set off until such time as the exact amount of damages due to the Town from the Contractor is determined.

22. TERMINATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL YEARS

If funds are not appropriated or otherwise made available to support continuation of the performance of this Contract in a subsequent fiscal year, then the Contract shall be canceled and, to the extent permitted by law, the Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the Contract.

23. IMMIGRATION REFORM AND CONTROL ACT OF 1986 – Contractor certifies that it does

not and will not during the performance of this contract violate (i) the provisions of the Federal Immigration Reform and Control Act of 1986, as amended and §40.1-11.1, Code of Virginia, which prohibits the employment of illegal aliens and (ii) the provisions of Federal and State employment and wage hour laws. The contractor shall include and enforce the language in the last sentence in every subcontract issued under this contract and shall require the subcontractor to do the same.

24. ANTI-TRUST – By entering into a contract, the Contractor conveys, sells, assigns and transfers to

the Town all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust law of the United States and the Town of Herndon, relating to the particular goods or services purchased or acquired by the Town under said contract.

25. PAYMENT TERMS – Unless otherwise provided in the solicitation, payment will be made forty-five (45) days (Code of Virginia in Section 2.2-4352) after receipt of a proper invoice, or forty-five (45) days after receipt of all goods or acceptance of work, whichever is the latter per

a. Invoices for items/services ordered, delivered/performed and accepted shall be submitted by the

Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number, purchase order number and any federal employer identification number.

b. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment

45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however.

c. The date of payment shall be deemed the date of postmark in all cases where payment is made by mail

26. PAYMENT TO SUBCONTRACTORS – A Contractor awarded a contract under this solicitation is

hereby obligated:

a. To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; (or)

b. To notify the Town and the subcontractor(s), in writing, of the Contractor’s intention to withhold

payment and the reason. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts


withheld as stated in b above. The date of mailing of any payment by U.S. mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Town.

27. ASSIGNMENT OF CONTRACT – The Contractor shall not assign this contract in whole or in part

without the written consent of the Procurement Official. 28. DEFAULT – In case of failure to deliver goods or services in accordance with the contract terms and

conditions, the Town, after due oral or written notice may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to other remedies which the Town may have.

29. NON-LIABILITY – The Contractor shall not be liable in damages for delay in shipment or failure to

deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in the Procurement Official's opinion, are beyond the control of the Contractor. Under such circumstances, however, the Procurement Official may, at his or her discretion, cancel the contract.

30. ANTI-DISCRIMINATION – By submitting their proposals, Offerors certify to the Town that they

will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, 2.2-4343 (E). In every contract over $10,000 the provisions in a (a) and (b) below apply:

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

1. The Contractor will not discriminate against any employee or applicant for employment

because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on

behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 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.

b. The Contractor will include the provisions of the foregoing paragraphs a., (1-3) above in every

subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.


31. PRICE REDUCTION – If at any time after the date of the proposal the Contractor makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to this contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (1) to Contractor's customers generally, or (2) in the Contractor's price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for submitting a proposal on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a "general price reduction" under this provision. The Contractor shall submit his or her invoice at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the contract documents. The Contractor in addition will within ten days of any general price reduction notify the Procurement Official of such reduction by letter. FAILURE TO DO SO MAY REQUIRE TERMINATION OF THE CONTRACT. Upon receipt of any such notice of a general price reduction, all ordering offices will be duly notified by the Procurement Official.

The Contractor, if requested, shall furnish, within ten days after the end of the contract period, a statement certifying either (1) that no general price reduction, as defined above, was made after the date of the proposal, or (2) if any such general price reductions were made, that as provided above, they were reported to the Procurement Official within ten (10) days and ordering offices were billed at the reduced prices. Where one or more such general price reductions were made, the statement furnished by the Contractor shall include with respect to each price reduction (1) the date when notice of any such reduction was issued, (2) the effective date of the reduction, and (3) the date when the Procurement Official was notified of any such reduction.

32. MODIFICATION OF CONTRACT – the Procurement Official may upon agreement with the

Contractor, issue a written modification to the contract within the general scope thereof, during performance. However, no fixed-price contract may be increased over the life of the contract by amounts totaling more than twenty percent (20%) of the amount of the contract or thirty thousand dollars ($30,000) whichever is LESS without the advance written approval of the Town Council. In no event may the amount of any contract be increased for any purpose without adequate consideration. Relief of an offeror from the consequences of an error in its offer is prohibited without adequate consideration. Should it become proper or necessary in the execution of this contract to make any change in design or to make any alterations which will increase the expense, the Procurement Official shall determine an equitable adjustment. No payment shall be made to the Contractor for any extra material or services, or of any greater amount of money than stipulated to be paid in the contract, unless some changes in or additions to the contract requiring additional outlay by the Contractor shall first have been expressly authorized and ordered in writing by contract amendment or otherwise furnished by the Procurement Official.

33. PLACING OF ORDERS – The Procurement Official or designee shall execute and release a

Purchase Order to place orders with the Contractor against the contract. The Purchase Order must bear the appropriate contract number and date. Where Blanket Purchase Orders (BPOs) have been executed and a Blanket Purchase Order has been released by the Procurement Official, telephonic orders may be placed directly with the Contractor by authorized personnel in the ordering Agency.

34. ADDITIONS/DELETIONS – The Town reserves the right to add similar items/services or delete

items/services specified in the resultant contract as requirements change during the period of the contract. The Town and the contractor mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.


35. CONTINUITY OF SERVICES –

a. The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees:

i. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

ii. To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

iii. That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

b. The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.

c. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the Contract Officer in writing prior to commencement of said work.

36. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH - A contractor

organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. The Town may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

37. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER - Pursuant to Code of Virginia, §2.2- 4311.2 subsection B, a Bidder or 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 or proposal the identification number issued to it by the State Corporation Commission (SCC). Any Bidder or Offeror that does not require authorization 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 or proposal a statement describing why the Bidder or Offeror does not require such authorization. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Town’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Bidder or Offeror was not legally require authorization to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

38. COMPLIANCE – Delivery must be made as ordered and in accordance with the solicitation or as

directed by the Procurement Official when not in conflict with the proposal. The decision of the Procurement Official as to reasonable compliance with delivery terms shall be final. Burden of proof


of delay in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Procurement Official, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the Town, there shall be added to the time of completion a time equal to the period of such delay caused by the Town. However, the Contractor shall not be entitled to claim damages or extra compensation for such delay or suspension. These conditions may vary for construction contracts. See Special Provisions for the individual solicitation.

39. BILLING – Billing for the Town: Unless otherwise specified on the contract or purchase order,

submit invoices, in DUPLICATE, for each purchase order immediately upon completion of the shipment or services. If shipment is made by freight or express, the original Bill of Lading, properly receipted, must be attached to the invoice. Invoices should be mailed to the address specified on the P.O. or to the appropriate address specified below:

Town of Herndon, Virginia ATTN: Accounts Payable 777 Lynn Street Herndon, VA 20170-4602

40. PAYMENT – Payment shall be made after satisfactory performance of the contract, in accordance

with all of the provisions thereof, and upon receipt of a properly completed invoice. The Town reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provision of the contract or any modifications thereto.

41. INDEMNIFICATION – Contractor shall indemnify, keep and save harmless the Town, its agents,

officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the Town in consequence of the granting of a contract or which may otherwise result there from, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith; and if any judgment shall be rendered against the Town in any such action, the Contractor shall, at his or her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Town as herein provided.

42. OFFICIALS NOT TO BENEFIT –

a. Each offeror shall certify, upon signing a proposal, that to the best of his or her knowledge, no Town official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

b. Whenever there is reason to believe that a financial benefit of the sort described in paragraph a

has been or will be received in connection with a proposal or contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, the Town Procurement Official, as


a prerequisite to payment pursuant to the contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

c. In the event the offeror has knowledge of benefits as outlined above, this information should be

submitted with the proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the offeror shall address the disclosure of such facts to the Town.

43. COVENANT AGAINST CONTINGENT FEES – The Contractor warrants that no person or

selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, the Town shall have the right to terminate or suspend this contract without liability to the Town or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

44. VIRGINIA FREEDOM OF INFORMATION ACT – All proceedings, records, contracts and other

public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act except as provided below:

a. Cost estimates relating to a proposed procurement transaction prepared by or for a public body

shall not be open to public inspection. b. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect

bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the Town decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the Town decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to the public inspection only after award of the contract except as provided in paragraph "c" below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

c. Trade secrets or proprietary information submitted by a bidder, offeror or Contractor in

connection with a procurement transaction or prequalification application submitted pursuant to the prequalification process identified in the Special Provisions, shall not be subject to the Virginia Freedom of Information Act; however, the bidder, offeror or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. Offerors shall not mark sections of their proposal as proprietary if they are to be part of the award of the contract and are of a "Material" nature.

d. Nothing contained in this section shall be construed to require the Town, when procuring by

"competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to the Town.


45. INELIGIBILITY –

a. The Procurement Official shall notify in writing any person or firm suspended or debarred from participation in Town procurement.

1. The Notice of Suspension shall state the reasons for the actions taken and such decision

shall be final unless the person or firm appeals within thirty (30) days of receipt of the Notice by instituting legal action as provided in the Code of Virginia.

2. The Notice of Debarment shall state the reasons for the actions taken and the decision

shall be final unless the person or firm appeals within thirty (30) days of receipt of the notice by instituting legal action as provided in the Code of Virginia.

b. The Procurement Official shall have the authority to suspend or debar a person or firm from

submitting a proposal on any contract for the causes stated below:

1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,

falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a Town Contractor;

3. Conviction under the state or federal antitrust statutes arising out of the submission of

bids or proposals;

c. Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement Official to be so serious as to justify suspension or debarment action:

1. Failure without good cause to perform in accordance with the specifications or within the

time limit provided in the contract; or 2. A recent record of failure to perform or of unsatisfactory performance in accordance with

the terms of one or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the Contractor shall not be considered to be a basis for suspension or debarment;

d. Any other cause the Procurement Official determines to be so serious and compelling as to affect

responsibility as a Contractor, such as debarment by another governmental entity for any cause listed herein, or because of prior reprimands;

e. The Contractor has abandoned performance or been terminated for default on any other Town

project. 46. APPEAL OF DENIAL OF WITHDRAWAL OF PROPOSAL –

a. A decision denying withdrawal of a proposal submitted by an offeror shall be final and conclusive unless the offeror appeals the decision within the (10) days after receipt of the decision by instituting legal action as provided in the Code of Virginia. The offeror may not institute legal action until all statutory requirements have been met.


b. If, upon appeal, it is determined that the decision refusing withdrawal of the proposal was arbitrary or capricious, the sole relief shall be withdrawal of the proposal.

47. PROTEST OF AWARD OR DECISION TO AWARD –

a. Any offeror may protest the award or decision to award a contract by submitting a protest in writing to the Procurement Official, or an official designated by the Town, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Any potential offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten days after posting or publication of the notice of such contract. However, if the protest of any actual or potential offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection, then the time within which the protest must be submitted shall expire ten days after those records are available for inspection by such offeror or at such later time. No protest shall lie for a claim that the selected offeror is not a responsible offeror. The written protest shall include the basis for the protest and the relief sought. The Procurement Official shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the offeror appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in the Code of Virginia.

b. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole

relief shall be a finding to that effect. The Procurement Official shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by the Town. Where the award has been made and performance has begun, the Procurement Official may declare the contract void upon a finding that this action is in the best interest of the Town. Where a contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.

c. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted

in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed.

d. An award need not be delayed for the period allowed an offeror to protest, but in the event of a

timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the offer would expire.

48. CONTRACTUAL DISPUTES –

a. Any dispute concerning a question of fact as a result of a contract with the Town which is not disposed of by agreement shall be decided by the Procurement Official, who shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days. The decision of the Procurement Official shall be final and conclusive unless the Contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A Contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless the public body fails to render such decision within the time specified.


b. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment

49. LEGAL ACTION – No offeror, potential offeror, or Contractor shall institute any legal action until all statutory requirements have been met.

50. USE OF CONTRACT BY OTHER POLITICAL JURISDICTIONS – Offerors are advised that

all resultant contracts will be extended, with the authorization of the Offeror, to Metropolitan Washington Council of Governments jurisdictions and other jurisdictions and political subdivisions of the Commonwealth of Virginia to permit their ordering of supplies and/or services at the prices and terms of the resulting contract. If any other jurisdiction decides to use the final contract, the Contractor must deal directly with that jurisdiction or political subdivision concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing and payment. The Town acts only as the “Contracting Agent” for these jurisdictions and political subdivision. Failure to extend a contract to any jurisdiction will have no effect on consideration of Contractors proposal.

It is the awarded vendor’s responsibility to notify the jurisdictions and political subdivision of the availability of the contract.

Each participating jurisdiction and political subdivision has the option of executing a separate contract with the awardee. Contracts entered into with them may contain general terms and conditions unique to those jurisdictions and political subdivisions covering minority participation, non-discrimination. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction.

The Town shall not be held liable for any costs or damage incurred by another jurisdiction as a result of any award extended to that jurisdiction or political subdivision to the awardee.

51. DRUG-FREE WORKPLACE – During the performance of a contract, the Contractor agrees to (i)

provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract 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 conjunction with a specific contract awarded to a Contractor in accordance with this section, 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.

52. AUDIT – The Contractor shall retain all books, records and other documents relative to this contract

for five (5) years after final payment, or until audited of Town, whichever is sooner. The Town shall have full access to and the right to examine any of said materials during said period.


53. ACCEPTANCE OF PROPOSALS – Unless otherwise specified, all formal proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

54. CONFIDENTIALITY - The Contractor acknowledges and understands that its employees may have

access to proprietary, business information, or other confidential information belonging to the Town. Therefore, except as required by law, the Contractor agrees that its employees will not:

a. Access or attempt to access data that is unrelated to their job duties or authorizations as related to

this Contract. b. Access or attempt to access information beyond their stated authorization. c. Disclose to any other person or allow any other person access to any information related to the

Town or any of its facilities or any other user of this Contract that is proprietary or confidential. Disclosure of information includes, but is not limited to, verbal discussions, FAX transmissions, electronic mail messages, voice mail communication, written documentation, “loaning” computer access codes and/or another transmission or sharing of data.

The Contractor understands that the Town, or others may suffer irreparable harm by disclosure of proprietary or confidential information and that the Town may seek legal remedies available to it should such disclosure occur. Further, the Contractor understands that violations of this provision may result in Contract termination.

The Contractor further understands that information and data obtained during the performance of this agreement shall be considered confidential, during and following the term of this Contract, and will not be divulged without the Procurement Official’s written consent and then only in strict accordance with prevailing laws. The Contractor shall hold all information provided by the Town as proprietary and confidential, and shall make no unauthorized reproduction or distribution of such material.

55. PROPRIETARY INFORMATION - Offerors are advised that Chapter 43 of Title 2.2 (specifically

Section 2.2-4342) of the Code of Virginia shall govern public inspection of all records submitted by the Offeror. Furthermore, an Offeror will submit proprietary information under separate cover. The Town reserves the right to submit such information to its Town Attorney for concurrence of the Offeror's claim that it is in fact proprietary. References may be made within the body of the proposal to the proprietary information; however, all information contained within the body of the proposal shall be "public information" in accordance with State statutes.

56. VENUE - This contract and its terms, including, but not limited to, the parties’ obligations under it, the performance due from each party under it, and the remedies available to each party for breach of it, shall be governed by, construed and interpreted in accordance with the laws of the Commonwealth of Virginia. Any jurisdiction’s choice of law, conflict of laws, rules, or provisions, including those of the Commonwealth of Virginia that would cause the application of any laws other than those of the Commonwealth of Virginia shall not apply. Any and all disputes, claims and causes of action arising out of or in connection with this contract or any performance hereunder, shall be brought in the state courts of Fairfax County, Virginia, or in the United States District Court, Eastern District of Virginia, Alexandria Division.

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ATTACHMENT A

BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE

All firms located or operating in the Town of Herndon must obtain a Business, Professional and Occupational License (BPOL) as required in the Municipal Code, Article VII and local license tax authorized, Code of Virginia, § 58.1-3700 et seq. In order for the Department of Tax Administration to determine BPOL requirement prior to contract award, it is necessary to provide the following information: • If you currently have a Town of Herndon business license, please submit a copy with your

proposal. • Do you have an office in: Virginia □ yes □ no

Town of Herndon □ yes □ no

• Date business began/will begin work in the Town of Herndon

_________________________

Provide a description of the business activity that will take place in the Town of Herndon: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _________________________________ ________________________________ Authorized Signature Date Please return this form and a copy of current Town of Herndon business license in proposal. Contract award may not be made if omitted.


ATTACHMENT B

REFERENCES

QUALIFICATIONS OF OFFEROR: Offeror must have the capability and capacity in all respects to fully satisfy the contractual requirements. Indicate the length of time you have been in business providing this type of service and/or product. years, months Provide a list of at least three (3) similar accounts, that your firm has provided similar goods and/or services to in the past twelve (12) months.

1. Company Name:

Contact:

Phone Number:

Email address: _______________________________________________________

Job Dates: Beginning: End:

2. Company Name:

Contact:

Email address: _______________________________________________________

Phone Number:

Job Dates: Beginning: End:

3. Company Name:

Contact:

Email address: _______________________________________________________

Phone Number:

Job Dates: Beginning: End: _____________


ATTACHMENT C

TOWN OF HERNDON

Contractor Certification, Agreement, and Affidavit

As to Eligibility for Employment in the United States

Affidavit This ______ day of ______ 20__ appeared before me, a notary public for the jurisdiction identified below, ____________________________________________________________ the __________________________________________________________________________ of _________________________________________ (Contractor) who after being duly sworn made oath as follows: 1. This instrument supplements and is part of the contract between the Town of Herndon,

Virginia (Town) and ________________________________ Contractor (contract). 2. The consideration to support this instrument is the same consideration that supports the

contract. 3. Contractor certifies that it does not and will not during the performance of this contract

violate (i) the provisions of the Federal Immigration Reform and Control Act of 1986, as amended, and §40.1-11.1, Code of Virginia, which prohibit the employment of aliens not legally eligible for employment in the United States, and (ii) the provisions of Federal and State employment and wage hour laws. To carry out and support a major element of the above certification, the Contractor certifies to the Town that all Contractors’ employees and all employees of each of Contractor’s subcontractors working on the subject of this contract are legally eligible for employment in the United States.

4. As to each such employee the federal I-9 employment eligibility verification process, or

federal Employment Eligibility Verification (E-Verify) Program, or both, has been undergone.

5. Contractor agrees to update this assurance for new employees and to be audited by the

Town for compliance with the contractual provision identified as in 3(i) above. During this audit, Contractor shall provide Town access to any public documentation that relates to verifying the employees’ legal eligibility for employment in the United States and that relates to employees of the Contractor or of any subcontractor working on the subject of this contract, in cases where the Town harbors a reasonable suspicion that such employee(s) may be not legally eligible for employment in the United States. The documentation will indicate that the federal I-9 employment eligibility verification process or the federal Employment Eligibility Verification (E-Verify) Program or both as to each such employee has been undergone. The Contractor shall not produce documentation in this regard that is explicitly prohibited by federal or Virginia law from public disclosure.

6. The Contractor shall include and enforce the language in this paragraph in every

subcontract issued under this contract and shall require the subcontractor to do the same.


[Contractor] Name: ___________________________________ By: _____________________________________ Title: ____________________________________ Commonwealth of Virginia: County of Fairfax:

Subscribed, sworn to, and acknowledged this ______ day of _______ 20__, by

________________________ the _________________________________________ of ___________________________________________________________ [Contractor], a ___________________________________ [here put type of entity], on behalf of this entity.

____________________________________ Notary Public My commission expires: ________________ Notary registration number: ______________

*Please return this executed form with your proposal. Contract award will not be

considered if omitted.*


ATTACHMENT D State Corporation Commission Form

State Corporation Commission Form Virginia State Corporation Commission (SCC) registration information. The offeror:

______________________ is a corporation or other business entity with the following SCC identification number: ______________________

-OR-

____________________ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

-OR-

___________________ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offerors out-of-state location)

-OR-

_____________________ is an out-of-state business entity that is including with this offer an opinion of legal counsel which accurately and completely discloses the undersigned offerors current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check in the following space if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): __________