SPECIAL PROVISIONS MANAGER, INFORMATION TECHNOLOGY RFP

Transcription

1 SPECIAL PROVISIONS MANAGER, INFORMATION TECHNOLOGY RFP The Fairfax County Economic Development Authority ( FCEDA ) is seeking a Contractor to manage its information technology ( IT ) system. The successful Contractor will be a firm that specializes in information technology that can provide an individual to provide such management services. This firm will primarily be responsible for the maintenance of the FCEDA s Local Area Network ( LAN ) operations and T1 line connectivity for both the FCEDA and FCEDA partner organizations. Experience in assessing and forecasting equipment needs, developing a strategic plan for technology systems, and operating LAN systems is mandatory. This position will be based onsite in the FCEDA s office located at 8300 Boone Boulevard, Suite 450, Tysons Corner, Virginia 22182, and the Contractor is required to provide a person to work from this location. The FCEDA wishes to review the credentials of interested IT firms with experience in the areas of activity as described in the special provisions of this RFP. Interested firms must submit technical and business proposals in accordance with the provisions set forth in this Request for Proposal. Public notice of the award of this contract shall be given by the FCEDA by the posting of a notice on Virginia's online e-procurement website, eva at and by the posting of a notice on the FCEDA web site at 1. SCOPE OF CONTRACT The purpose of this Request for Proposal (RFP) is to obtain the services of an information technology manager to manage the FCEDA information technology system. This firm will primarily be responsible for the maintenance of the FCEDA s LAN operations, and dedicated internet connectivity for the FCEDA partner organizations. The FCEDA has approximately 50 users. Equipment inventory is provided and maintained by the FCEDA and is updated as new equipment comes in or is retired. 2. CONTRACT DOCUMENTS 2.1. The following documents, which are included in this Request for Proposal, shall be incorporated by reference in the resulting contract and become a part of said contract upon completion of the Acceptance Agreement by both parties: a. FCEDA Acceptance Agreement (Cover Sheet) b. General Conditions and Instructions to Bidders, pages 1 through 9 c. Special Provisions & Specifications, pages 10 through 26 d. The resulting Technical Proposal e. The resulting Business Proposal f. Memorandum of Negotiation, if necessary (11)

2 3. SUBMISSION OF PROPOSAL 3.1. Four (4) copies of the technical proposal and four (4) separately bound copies of the business proposal are due at the Fairfax County Economic Development Authority, 8300 Boone Boulevard, Suite 450, Tysons Corner, Virginia 22182, prior to the specified time and date. For purposes of this RFP, proposals and all accompanying attachments and requirements must be submitted prior to 2:00 p.m. on Wednesday, July 20, Proposals must be submitted to the FCEDA Procurement Manager via regular first-class mail, courier or hand delivery. Proposals received at the FCEDA after 2:00 p.m. on Wednesday, July 20, 2016 will not be accepted and will be returned to the offeror The technical proposal must be concise and clear. Responses must follow the order of the items listed in this RFP. Unnecessarily elaborate presentations beyond that sufficient to present a complete and effective proposal are not desired. Elaborate art work, expensive paper, bindings and other presentation aids are not required By executing the FCEDA cover sheet, offeror acknowledges he/she has read this Request for Proposal, understands it, and agrees to be bound by its terms and conditions The Procurement Manager reserves the right to reject any or all proposals in whole or in part. 4. LATE PROPOSALS Proposals received in Fairfax County Economic Development Authority office suite after the date and time prescribed shall NOT be considered for contract award and shall be returned to the offeror. 5. PERIOD THAT PROPOSALS SHALL REMAIN VALID All proposals shall remain firm for a period of one hundred twenty (120) calendar days after date specified for receipt of proposals. 6. PERIOD OF CONTRACT 6.1. The period of this contract shall be from October 13, 2016 or date of award, whichever is later, through October 12, This contract may be renewed at the expiration of its term by agreement of both parties. Such renewal may be for three one-year renewals, or less, if agreeable to all parties. (12)

3 6.3. Notice of intent to renew will be given to the Contractor in writing by the FCEDA President/CEO, normally 60 days prior to the expiration date of the current contract. This notice shall not be deemed to commit the FCEDA to a contract renewal It should be noted that multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by the Fairfax County Board of Supervisors. In the event that the Fairfax County Board of Supervisors does not grant necessary funding appropriation/program approval, then the affected multiyear contract becomes null and void, effective July 1 of the fiscal year for which such approvals have been denied. 7. TASKS TO BE PERFORMED 7.1 Maintain current environment which includes Windows 7 and 8.1 on laptops and desktops, Microsoft Exchange 2010 exchange server, OWA server, file/print server, Symantec Backup server, WSUS server, Archive and Symantec gateway server, Cisco router/firewall, switch, and wireless for FCEDA Partners. Transition office to upgrades as required. Manage LAN performance, reliability, and security. Ensure that security procedures are implemented and enforced. 7.1 Recommend and implement LAN policies, procedures and standards and ensure their conformance with information systems and company objectives. 7.2 Maintain file server administrative documentation to assist staff in understanding the file server environment, as well as associated client workstations. Create and maintain inventory and reporting system for computer hardware and software. Unpack newly received equipment, install software and peripherals, perform system tests, distribute and set up client workstations. Distribute, store, and label equipment. 7.3 Install software applications, user interface, and operating system software. Configure client workstations. Resolve client problems or recommend remedial action and follow up with client and technical support personnel until problems are resolved. 7.4 Train users on LAN operation and software packages. 7.5 Ensure FCEDA compliance with software copyright laws. 7.6 Keep abreast of new technological developments and industry trends and standards, apprising management when opportunities to improve systems exist. Evaluate the best vendor products that meet organization needs. Annually develop a plan, recommendation, and budget for technology needs within the agency. 7.7 Interface with vendors/fairfax County DIT that provide services including LAN installation, Internet access and other technology services. (13)

4 7.8 Manage the technical aspects of the procurement process for any hardware and/or software associated with the LAN system. 7.9 Manage Help Desk, responding in a timely, efficient and courteous manner to staff requests Prepare equipment for users in a timely manner Oversee LAN connections and maintenance of T1 line equipment and connections in any expansion areas of the suite including the offices of approximately five FCEDA partner organizations Ensure that daily, weekly and monthly backup job runs and completes successfully and provide weekly off-site data storage for LAN tapes in a secure and properly controlled environment Interface with the Fairfax County Department of Information Technology to resolve service issues that affect the FCEDA Evaluate and recommend equipment for new workstations, laptops and printers. Configure any new equipment for staff use Provide connectivity support for the online marketing database as needed Manage and maintain security issues with s from viruses and spams Manage workload of the IT specialist. 8. ESTIMATED TIME REQUIREMENTS This position requires approximately forty hours of work per week, during the FCEDA s normal office hours (8:30 a.m. to 5:00 p.m., Monday through Friday). Evening and/or weekend hours may be required to ensure proper maintenance of LAN system. Any work performed outside of normal business hours must be approved in advance by the Vice President, Management. This position must be based on site at the FCEDA offices. 9. REQUIRED CONTRACTOR QUALIFICATIONS: The successful contractor should be a Microsoft Solution Provider. The individual assigned to the FCEDA should have the following qualifications: BS degree in Computer Science or equivalent in information technology-related course of study. Microsoft Certified Systems Engineer certification. Extensive background in a networked environment including Internet access. Demonstrated work experience with LAN systems, network protocols, and connectivity, troubleshooting network cabling and other hardware components. (14)

5 Experience with Microsoft Windows 2010/2012 servers and workstations with MS Windows 2010 and Office Excellent interpersonal skills, oral and written communication skills, supervisory and time-management skills are mandatory. 10. CONTRACTOR SUPPORT SERVICES The successful Contractor shall have office space at the FCEDA offices in Vienna, Virginia and will be assisted by an IT specialist provided by the FCEDA. 11. REPORTING REQUIREMENTS 11.1 The Contractor will report to the FCEDA Vice President, Management regarding the performance of responsibilities under this Agreement Contractor is required to prepare a monthly status report on all current and completed projects and submit it, along with a copy of the invoice to the FCEDA Vice President, Management. 12. TECHNICAL PROPOSAL SECTION INSTRUCTIONS 12.1 Four copies of the technical proposal must be submitted in an individual binder, separate from the business proposal and contain the following information in the following order: a. FCEDA Acceptance Agreement (Cover Sheet), duly signed with the corporate seal impressed, if applicable. b. Technical Proposal Cover Sheet c. Statement of Qualifications and Experience. The statement of qualifications must include as a minimum: 1. Name of firm submitting proposal 2. Main office address 3. Date organized 4. If a corporation, when and where incorporated 5. Appropriate Federal, State and County registration numbers. 6. Name and description of the qualifications, including experience, of the firm's key staff who will serve as a point of contact for the FCEDA Description of the screening process that would be used to evaluate candidates for the FCEDA IT manager position. Address how the screening procedures used will ensure that the FCEDA is sent competent individuals. Address the performance evaluation process used to determine the effectiveness and competence of employees of the firm. (15)

6 12.3. Description of how, if selected, the firm would transition into the FCEDA, and whether the firm would provide one particular contractor for the entire contract period, or whether the firm would provide different contractors based on availability a. Discussion of the firm's ability to provide back-up support during periods of training, education, illness or other absences b. Discussion of the firm's ability to provide additional IT services as necessary, such as other available engineers, to assist with advanced projects or in emergency situations Provide detailed resumes of those personnel whom you would suggest for on-site positions. See section 9 for Required Contractor Qualifications Provide three (3) business references, including a contact name, address, phone number and address on the Technical Proposal Cover Sheet. If you have been or are currently a contractor with the FCEDA, do not include the FCEDA as a reference. 13. If the firm is located in Fairfax County, VA, submit a completed Business, Professional and Occupational License (BPOL) form (page 28). 14. Current annual financial statement Any particular section of your proposal that you consider to be proprietary must be so marked. Proposals will not be considered proprietary in their entirety. 15. BUSINESS PROPOSAL SECTION INSTRUCTIONS 15.1.a The offeror, as a minimum, must submit four copies of a cost proposal in an individual binder fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fee. Please provide adequate back-up detail to verify the proposed fee. The following information should be submitted as part of the business proposal: 15.1.b The monthly service or retainer fee c Breakdown of fee, including rate per hour and the estimated number of hours to be spent on the contract d Travel and per diem or subsistence costs, if any, supported by breakdown including destination, duration and purpose e Breakdown of other expenses such as subcontractors, other overhead costs, supplies, etc. (16)

7 16. BASIS FOR AWARD 15.1.f Explanation of any other type of expenses that may be incurred in the performance of this contract g Total cost to provide contract services A Selection Advisory Committee ("SAC") will review and evaluate all proposals submitted in response to the Request for Proposal. The SAC shall conduct a preliminary review of all proposals on the basis of the information provided with regard to the firm s technical proposal, the ability of the firm s professional personnel, past performance and experience, ability to meet time requirements, references, and the criteria set forth in paragraph 23, General Conditions and Instructions to Bidders. Based upon this review, the business proposals of the highest rated offeror(s) will then be evaluated. The SAC shall then select the best suited of the offerors deemed fully qualified among those submitting proposals. Interviews shall then be conducted with each of the offerors so selected If the SAC determines that negotiations are not necessary, then based on the evaluation factors published in the RFP and all information obtained in the selection process to this point, the SAC will then select for award the offeror, which in its opinion, has made the best proposal. If it is determined that negotiations are necessary, the SAC will then begin negotiations with each of the offerors so selected. After negotiations, the SAC shall select the offeror which in its opinion has made the best proposal and shall award the contract to that offeror. If a contract satisfactory and advantageous to the FCEDA can be negotiated at a price considered fair and reasonable, award shall be made to that offeror. Final approval of the award of the contract(s) shall be made by the FCEDA President/CEO Evaluation Criteria will be as follows: a. Firm or individual s capability, experience and qualifications. b. References. c. Cost to the FCEDA. d. Interview session (where applicable) Should the FCEDA President/CEO determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more qualified than the others under consideration, a contract may be negotiated and awarded to that offeror The Procurement Manager may arrange for discussions with firms submitting proposals, if required, for the purpose of obtaining additional information or clarifications only. (17)

8 16.6 Offerors are advised that, in the event of receipt of an adequate number of proposals, which, in the opinion of the Procurement Manager, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Hence, proposals should be submitted initially on the most complete and favorable terms from a technical standpoint which offerors are capable of submitting to the FCEDA. Should proposals submitted require additional clarification and/or supplementary information, offerors should be prepared to submit such additional clarification and/or supplementary information, in a timely manner, when so requested Proposals which, after discussion and submission of additional clarification and/or supplementary information, are determined not to meet the specifications of this Request for Proposal will be classified as unacceptable and no further discussion concerning same will be conducted. 17. SELECTION ADVISORY COMMITTEE 17.1 Minutes of the Selection Advisory Committee deliberations and records or votes taken shall be maintained for at least three years, and will be available for review by the general public by request. 18. INVOICES/PAYMENT The successful Contractor shall invoice the FCEDA on a monthly basis for services performed under this RFP. All invoices must be sent via first-class mail to: Fairfax County Economic Development Authority 8300 Boone Boulevard, Suite 450 Tysons Corner, Virginia Attention: Robin Fenner Telephone: (703) Or by to: rfenner@fceda.org 18.1 The successful Contractor will be reimbursed by the FCEDA for pre-approved expenses reasonably incurred in the performance of duties and responsibilities under this agreement as authorized and approved by the FCEDA President/CEO Payment shall be made via Fairfax County to the Contractor within thirty (30) days of the FCEDA s receipt of a properly completed invoice and upon satisfactory performance, in the FCEDA s sole discretion, of the contractual services in accordance with all of the provisions of the Special Provisions of this RFP. (18)

9 19. CONTACT FOR CONTRACTUAL MATTERS 19.1 The person to contact concerning contractual matters or other provisions and specifications pertaining to this Request for Proposal is: Flor Morrobel Procurement Manager Fairfax County Economic Development Authority 8300 Boone Boulevard, Suite 450 Vienna, Virginia Telephone: (703) ORDER OF PRECEDENCE 20.1 In the event of conflict, the FCEDA Cover Sheet and the Special Provisions of this contract shall take precedence over the General Conditions and Instructions to bidders included herein. 21. ESTIMATED HOURS 21.1 The hours specified in this Request for Proposal are estimated only, and are given for the information of offerors and for the purpose of evaluation. They do not indicate the actual hours that will be contracted for since such volume will depend upon requirements which develop during the contract period. 22. PERFORMANCE APPROVAL 22.1 The FCEDA reserves the right to make the final determination as to whether the individual assigned as an on-site LAN manager meets the required qualifications, and reserves the right to request the services of another individual should a person assigned to this site fail to meet the required qualifications and performance requirements. 23. DATA SOURCES 23.1 All available data in the possession of the FCEDA that may be of relevance to this project will be made available to the Contractor. 24. CONFIDENTIALITY 24.1 Any proprietary information, reports, or other materials given to, viewed by, or prepared or assembled by the Contractor under this agreement shall not be sold or otherwise made available to any individual or organization without the prior written consent of the FCEDA President/CEO. (19)

10 25. DELAYS AND SUSPENSIONS 25.1 If the Contractor elects to stop work due to delay or failure to provide data or services on the part of the FCEDA, the Contractor s time to perform the services shall be extended by the time reasonably necessary to compensate for such delay. If any data or services are not supplied, or are not reasonably suited for the intended use, then the Contractor shall give written notice to the FCEDA President/CEO The Contractor shall be paid for all work completed to such date of suspension plus all the Contractor costs related to the delay, omission or any consequent work stoppage by the Contractor and its personnel. The Contractor may continue its work on other phases of the project with appropriate extension of time of performance upon delivery of the data or services to be provided by the FCEDA. The Contractor may proceed without such data and services, and any error or omission of the Contractor resulting from the omission of the data and services shall not constitute default by the Contractor. 26. PROJECT AUDITS 26.1 The Contractor shall maintain adequate records in such a manner that they may be audited in progress and/or up to three (3) years following completion of the contract. A simple ledger sheet showing disbursement by line-item is preferred. The auditor will need access to the following documents during this audit: a. All paid vouchers including those for out-of-pocket expenses, and other b. reimbursements supported by invoices, including Contractor s copies of b. periodic estimate for partial payment; b. Ledgers; c. Canceled checks; d. Deposit slips; e. Bank statements; f. Journals, if any; g. Copies of all contracts and copies of any contract amendments/change orders; h. Insurance documents; i. Payrolls; j. Time sheets. (20)

11 27. INSURANCE REQUIREMENTS 27.1 Except as otherwise provided by law, the Contractor shall at all times during the continuance of all work under this agreement keep in force such insurance as will protect him/her from claims under Workmen s Compensation Acts, and also such insurance as will protect him/her and the County or the FCEDA from any other claims for damages to any property of the County or the FCEDA or of the public, which may arise from operations under this contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by any of them. The minimum acceptable bodily injury coverage will be $1,000,000. The exact amount of property damage coverage, or other coverage, will depend upon the amount of the final contract award All income taxes, retirement, workmen s compensation and other fringe benefits shall be the responsibility of the Contractor. 28. PRICES AND PRICE ADJUSTMENT 28.1 All prices/discounts shall remain firm for the duration of the contract, unless otherwise stipulated in the Special Provisions If labor rates are requested, the rates specified by bidder shall include all direct and indirect overhead costs such as transportation, general and administrative cost, etc. Labor rates will be paid on the basis of time at the site. The Contractor warrants that the unit price stated herein will remain firm for a period of not less than 365 calendar days from the first day of the contract period. In the event the FCEDA elects to extend this Agreement, the contract unit price may be increased upon approval of the Contractor s written request to the FCEDA President/CEO. Such a request shall include as a minimum, (1) the cause for adjustment; (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics, change in manufacturing price, etc.). Such price adjustment shall be by the same percentage as documented, and the contract shall be modified accordingly, provided THAT: a. The aggregate of the increase in the contract unit price made under this clause shall NOT exceed a total of five percent (5%) of the original contract unit price. If this contract is renewed, the percentage increase shall not exceed five percent (5%) per contract period on the price(s) prevailing at the time of renewal. b. The increased contract unit price may be effective after 365 calendar days provided that the Contractor submits a written request, with supporting documentation, for an increase, at least thirty (30) calendar days prior to the proposed effective date of the price increase. (21)

12 c. The increased contract unit price shall not apply to requests for service received by the Contractor prior to the effective date of the increased contract unit price. Requests for services shall be considered to have been received by the Contractor after the fifth (5 th ) calendar day following the date of signature by the FCEDA President/CEO or his authorized representative; d. Such requested contract unit price increase shall become effective only upon approval by the FCEDA President/CEO; e. Within thirty (30) calendar days after receipt of a Contractor's written request, the FCEDA President/CEO may cancel, without liability to either party, any portion of the contract affected by the requested increase and undelivered at the time of such cancellation. 29. STATUS OF CONTRACTOR 29.1 The successful Contractor will be an independent contractor and not an agent or employee of the FCEDA. FCEDA is interested only in the results obtained under this agreement. The manner and means of the performance of the IT manager position shall be subject to FCEDA s general right of inspection and supervision to secure the satisfactory completion thereof. None of the benefits provided by FCEDA to employees, including but not limited to, compensation insurance and unemployment insurance, are available from FCEDA to Contractor. 30. SUCCESSOR AND ASSIGNS 30.1 Neither party hereto may assign, convey, or otherwise transfer whether by operation of law or otherwise, any of its rights, obligations, or interests under this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the FCEDA and Consultant, and their respective heirs, successors and assigns. 31. KEY PERSONNEL 31.1 The personnel named in the technical proposal shall remain responsible 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 FCEDA President/CEO. 32. CHANGES IN REQUIREMENTS 32.1 The FCEDA may, at any time, by written order, require changes in the services to be performed by the Contractor. If such changes cause an increase or decrease in the Contractor s cost of, or time required for performance of any service in this contract, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. The FCEDA President/CEO must approve all work which is beyond the scope of this Request for Proposal. (22)

13 32.2 No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the FCEDA President/CEO. 33. TRADE SECRETS/PROPRIETARY INFORMATION 33.1 Trade secrets or proprietary information submitted by an offeror or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the bidder, offeror or Contractor must invoke the protection of this statute prior to or upon submission of the data or other material, must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award(s) is/are made should be stated by bidder, offeror or Contractor. 34. TERMINATION OF CONTRACT 34.1 Either party may terminate this Agreement upon thirty (30) days written notice to the other. In such event, all finished or unfinished documents, data, studies, and reports prepared by the successful Contractor under the contract shall become the 35. INDEMNITY FCEDA s property as of the date of termination and the Contractor shall be entitled to receive a portion of its fee on a prorated basis calculated from the date of termination. However, notwithstanding the above, the Contractor shall not be relieved of liability to the FCEDA by virtue of any breach of contract by Contractor for the purpose of setoff until such time as the exact amount of damages due to the FCEDA from the Contractor is determined The successful Contractor shall indemnify, keep and save harmless the FCEDA, its agents, officials and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may or otherwise accrue against the FCEDA in consequence of the granting of this contract or which may or otherwise result therefrom, if it shall be determined that the act was caused through negligence or omission of the Contractor or its employees, of the subcontractor or its employees, if any, and the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the FCEDA in any such action, the Contractor shall at its own expense, satisfy and discharge the same. The Contractor expressly understands and agrees that any 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 FCEDA as herein provided. (23)

14 36. DISPUTE RESOLUTION 36.1 Any dispute concerning a question of fact, including claims for money, contractual claim or other relief as a result of a contract with the FCEDA shall be submitted in writing to the FCEDA President/CEO no later than sixty (60) days after final payment; however, written notice of the Contractor s intention to file such claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based Any such dispute which is not disposed of by agreement shall be decided by the FCEDA President/CEO, who shall reduce his decision to writing and send by certified mail or otherwise forward a copy thereof to Contractor within ten (10) days of receipt of Contractor s claim. The decision of the FCEDA President/CEO shall be final and conclusive unless Contractor appeals within six (6) months of the date of receipt of the written decision by the FCEDA by instituting legal action in the appropriate U.S. circuit court. 37. DRUG-FREE WORKPLACE REQUIREMENT 37.1 The Contractor agrees to (i) provide a drug-free workplace for the Contractor s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor A drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with the Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 38. COMPLIANCE WITH IMMIGRATION LAWS 38.1 The contractor does not, and shall not during the performance of this contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of (24)

15 39. NON-DISCRIMINATION IN EMPLOYMENT 39.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contract, will state that such Contractor is an equal opportunity employer 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 The Contractor will include the provisions of the foregoing paragraphs 36.1, 36.2, and 36.3 above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor Contractor and Subcontractor hereunder shall, throughout the term of this contract, comply with the Human Rights Ordinance, Chapter 11 of the Code of the County of Fairfax, Virginia, as reenacted or amended. 40. SEVERABILITY 40.1 If any of the provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 41. ENTIRE AGREEMENT 41.1 This Agreement constitutes the entire Agreement between Consultant and the FCEDA with respect to the subject matter of this Agreement and these provisions shall supersede or replace any conflicting or additional provisions which may be contained in any other writing, document or the like. In the event of a conflict between any provisions appearing in any other writing and in this Agreement, the provisions of this Agreement shall be controlling. 42. WAIVER OF MODIFICATION 42.1 No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Consultant and by the FCEDA President. (25)

16 43. COUNTERPARTS 43.1 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 44. GOVERNING LAW 44.1 This agreement and all terms and conditions herein set forth are subject to the law of the Commonwealth of Virginia, USA, and other local laws, polices, resolutions and regulations, as applicable. The parties hereby agree that in the event of any dispute, the Circuit Court of Fairfax, Virginia or the United States District Court, Eastern Division, Alexandria, Virginia, shall have exclusive jurisdiction. 45. NO BENEFIT BY OFFICIALS: 45.1 Each bidder or offeror shall certify, upon signing a bid or proposal, that to the best of his or her knowledge, no Fairfax County or FCEDA 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 bid or 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 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 bid, proposal or contract, and that the contractor has failed to disclose such benefit or has inadequately disclosed it, the FCEDA President/CEO, 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. (26)

17 TECHNICAL PROPOSAL COVER SHEET The following documents which are included in this Solicitation shall be incorporated by reference in the resulting contract and become a part of said contract: A. FCEDA Acceptance Agreement (Cover Sheet) B. General Conditions, Pages 1-10 C. Special Provisions & Specifications, Pages 11 through 26 D. Resulting Technical Proposal E. Resulting Business Proposal F. Memorandum of Negotiation, if necessary CONTRACTOR CONTACT INFORMATION: Contact Person: Title: Firm Name: Address: City, State, Zip: Telephone: PAYMENT ADDRESS (If different from Firm address on Cover Page): REFERENCES: List below three (3) references for which you have performed similar work with respect to IT Systems Management within the past two (2) years. If you have been or are currently a contractor with the FCEDA, do not include the FCEDA as a reference. Company: Reference individual s name and title: Address: Telephone: Company: Reference individual s name and title: Address: Telephone: Company: Reference individual s name and title: Address: Telephone: (27)

18 BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE All firms located in Fairfax County must obtain a Business, Professional and Occupational License (BPOL) as required by Chapter 4, Article 7, of the Code of the County of Fairfax, Virginia. It shall be unlawful for a firm located in Fairfax County to engage in business in Fairfax County without first obtaining the required license. In order for the Office of Assessments to determine your BPOL requirement prior to contract award, it is necessary for you to provide the following information: If you currently have a Fairfax County business license, please submit a copy of the license with your bid or proposal. Failure to provide a copy of your firm s current Fairfax County business license will be grounds for disqualification and your proposal will not receive additional consideration. Do you have an office in: Virginia Yes No Fairfax County Yes No Date business began/will begin work in Fairfax County A detailed description of the business activity that will take place in Fairfax County. If business is located outside of Fairfax County, give the percentage of work actually to be done in Fairfax County. Signature Date For Office Use Only: Company Name and Address: Amount of Contract Award $ Company Contact Phone No. Nature of Business (28)