Procurement Portal
Disposition of Land and Improvements Owned by the Economic Development Authority of The City of Newport News,Virginia
Post Information
- Posted At:
- Wed, Nov 9, 2022 3:42 PM
- Sealed Bid Process:
- Yes (Bids Unsealed / Pricing Unsealed)
- Private Bid:
- No
1. Introduction
1.1. Summary
The Economic Development Authority of the City of Newport News, Virginia (the "EDA" or “City”) is seeking proposals from qualified firms (the “Offeror” or “Contractor”) to furnish the goods and/or services described herein and proposals will be received via the City’s e-Procurement Portal, OpenGov Procurement (https://secure.procurenow.com/portal/nnva), to be received no later than Friday, January 6, 2023 at 5:00 pm (local prevailing time).
The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified firms for the disposition of land and improvements owned by the EDA. The property is owned by the EDA and located at 2800 Washington Avenue, Newport News, Virginia 23607 (Parcel ID #311010280). An aerial image, site plan, floor plans, environmentals and property photos of the property are attached.
1.2. Background
2800 Washington Avenue is located at a key intersection in Downtown Newport News at 28th Street and Washington Avenue. The property was originally built as two buildings, Montgomery Ward in 1937 and W.T. Grant Co. in 1949. From 1949 to 1994 the property was owned and occupied by Virginia Specialty Stores.
In 1994, the property was acquired by the EDA.. After renovation of the property, the EDA leased the property to Newport News Shipbuilding (NNS) where the property supported NNS office functions through June 30, 2022.
With the expiration of the lease with NNS, the EDA is interested in soliciting private-sector interest for the reutilization of this property in Downtown Newport News, in alignment with the Downtown Reimagined Plan and to complement and enhance the recent public and private investment Downtown.
The EDA also owns and manages the adjacent parking garage at 2900 Washington Avenue. While this property is not contemplated in this RFP, Offerors may propose terms for negotiation for utilization of parking within the garage to support utilization of 2800 Washington Avenue.
1.3. Contact Information
Sonja Eubank
Procurement Administrator
2400 Washington Avenue
4th Floor
Newport News, VA 23607
Email: [email protected]
Phone: (757) 926-8035
Natalie Minton
Assistant Buyer
2400 Washington Avenue
Office of Purchasing; Fourth Floor, City Hall
Newport News, VA 23607
Email: [email protected]
Phone: (757) 926-8028
Department:
Office of Purchasing
Department Head:
Gary Sightler
Purchasing Agent
1.4. Timeline
Newport News, Virginia
Newport News, Virginia
2. Submission Requirements and Evaluation
2.1. Proposal Submission
Proposal shall be submitted no later than Friday, January 6, 2023 at 5:00 pm. Proposals shall be submitted via the City’s e-Procurement Portal, OpenGov Procurement.
All proposals (including all documents, schedules, reports, plans and other attachments) will not be returned.
2.2. Price Proposal
Offerors shall provide a Price Proposal in their response to this RFP. At the minimum, the Price Proposal should include the proposed acquisition price for the subject property. In addition, the Price Proposal should include any other material terms and conditions that would be expected as part of the real estate transaction and/or utilization of the property, including utilization of parking in the adjacent EDA-owned garage at 2900 Washington Avenue. The EDA will not pay any brokerage commissions connected with this transaction.
2.3. Evaluation of Proposals
Proposals will be evaluated according to the established evaluation criteria identified herein. The City will select two (2) or more Offeror proposals that are deemed to be fully qualified and best suited to provide the required services contained in the Scope of Work. The City may initiate discussions/interviews and may conduct negotiations with each of the selected Offerors. During negotiations, proposals may be revised by the Offeror and the City may obtain best and final offers. Once negotiations are completed, the City may again make a determination as to whether the Offeror has the capability, integrity or reliability to provide the required services.
Only proposals from responsible Offerors that are seen as reasonably susceptible of being selected for award, based on information contained in the proposal, will be evaluated by the City.
Should the City determine that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified than others, a contract may be negotiated and subsequently awarded to that Offeror if the City finds that such a selection is in the best interest of the City.
3. Technical Proposal Format
3.1. Technical Proposal Format
To facilitate the analysis of proposals, Offerors are encouraged to prepare the proposal according to the instructions and in the order presented in this section. Proposals should be prepared as simply as possible with straightforward, concise descriptions to demonstrate an understanding of the project and services required by the City. Proposals that provide innovative alternatives and creative approaches are encouraged. Any other information thought to be relevant, but not applicable to the categories below, may be provided as an appendix to the proposal.
The proposal should be organized with the following information and minimally contain the following information:
• Executive Summary– An executive summary that provides a narrative, prepared in non-technical terms, summarizing the proposal.
• Company Profile– A profile which includes company/firm history, ownership, project portfolio, qualifications, financial status, office(s) location, and number and classification of employees, etc. If the Offeror has a team selected for this project, include detail about team members for the project.
• Proposed Utilization of the Property– Describe the proposed use of the property following acquisition. Indicate the compatibility with local priorities and plans for Downtown Newport News. Include all detail necessary to appropriately communicate the proposed use of this property, nature and extent of building improvements to be made, if any, and the anticipated benefit to Downtown Newport News.
• Implementation and Project Timetable – Include a detailed schedule for all elements of the proposed plan, including acquisition and building improvements proposed to be made, if applicable. This should also include an outline of any required regulatory approvals.
• Project Financing & Financial Analysis – Include overall budget and cost estimates as well as detail on the proposed purchase price of the property. This section should also include a detailed statement outlining the financing structure and ability and capacity to execute.
• Documentation of Past Experience– Include information pertaining to the Offeror’s experience implementing similar work. For each project, the summary should include the project team, a description of the Offeror’s role in the project, project budget and timeline, a summary of planning objectives addressed by the project. A minimum of 2, and no more than 5, project summaries shall be included, and each summary should not exceed 2 pages.
Offerors should attach and submit their Technical Proposal where prompted in the "Vendor Questionnaire" section of of their submittal.
4. Scope of Work
4.1. Scope of Work
Offerors shall propose terms and conditions for the acquisition of the property identified at 2800 Washington Avenue, in addition to detailed plans and schedule for the proposed utilization and occupancy of the property.
Offerors shall demonstrate through their proposals the capacity, ability and experience, including financial capacity with respect to both the proposed property transaction, and also proposed future use of the building.
The purchase and sale agreement for the property will be negotiated and entered into by the Economic Development Authority of the City of Newport News, Virginia. The procurement is being facilitated through the City of Newport News, Virginia as procurement agent
The following table indicates high-level information regarding the property:
Additional detail is included in the attachments to this RFP:
• Site Aerial
• Site Plan
• Floor Plans
• Property Photos
• Environmentals
• Downtown Reimagined Plan
5. Evaluation Criteria
Each proposal will be evaluated according to the following criteria. The criteria are listed in order of importance
1. Demonstrated capacities ( planning, project management, marketing, and project execution) to execute and implement the proposal.
2. Demonstrated commitment to a high quality project that aligns with local strategic priorities, including the Downtown Reimagined Plan .
3. Demonstrated ability to accomplish the items in the proposal within the proposed, reasonable timeline.
4. Financial ability and capacity to complete all components of the project including acquisition and utilization of the property .
5. Demonstrated experience with similar projects.
6. Completeness and Quality of Proposal.
6. Standard Terms and Conditions
6.1. Pre-Proposal and Proposal Submission Requirements
- Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Request for Proposals (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Offeror is ineligible for award.
- All proposals shall be submitted sealed via the City’s e-Procurement Portal, OpenGov Procurement. Fax and Email transmittals will not be considered. Proposals cannot be submitted after the due date and time noted above. Failure to return required documents and information specified herein may result in a determination that the proposal will not be considered for award.
- All costs associated with preparing a proposal, including any mailing costs, are the Offeror’s responsibility.
- All proposals must be submitted by an officer or employee having the authority to sign on behalf of the firm.
- Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the City. All deliveries shall be F.O.B. Destination.
- The Terms, Conditions and Specifications in this Request for Proposals shall supersede any terms and conditions offered. Any additional conditions an Offeror intends to be considered should be submitted with the proposal. Exceptions may result in a determination that a proposal will not be considered for award . All Terms, Conditions and Specifications will be incorporated by reference and be part of the contract following award.
- Failure to provide a proposal from an authorized representative shall be cause for rejection of the proposal.
- Failure to use the forms provided may be cause for rejection of the proposal.
- The viability and accessibility of the Offeror’s submitted attachments is entirely the responsibility of the Offeror. Attachments that are not accessible cannot be considered during the review and evaluation of the proposal, which may result in that proposal being determined non-responsive and not being further considered for award.
- Submission of a proposal is not to be construed as an award or an order to ship.
- A proposal by the Offeror certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the proposal. Suspension or debarment may disqualify the Offeror from award of a contract.
6.2. Addenda
Changes or supplemental instructions to this Request for Proposals will be posted online with this solicitation. It is the Offeror's responsibility to check for addenda prior to the proposal due date and time to ensure that all Addenda are received. Addenda shall be posted on the City's e-Procurement Portal, OpenGov Procurement and Addenda notifications will be sent via email to all persons on record who are following this RFP on OpenGov Procurement.
All Bidders shall acknowledge receipt of Addenda with the proposal. Acknowledgement of all Addenda shall be completed in OpenGov Procurement. If all Addenda are not acknowledged, the proposal may be deemed non-responsive.
6.3. Award
- Award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in this Request for Proposals. No other factors or criteria shall be used in the evaluation. When the terms and conditions for multiple awards are provided in the Request for Proposals, awards may be made to more than one (1) Offeror.
- The City may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall provide the City information and data for this purpose. The City may inspect physical facilities if deemed necessary. In addition, the City reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications or Scope of Work.
- An Offeror may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award as indicated in the Code of the City of Newport News Section 2-576.3. 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 Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Offeror appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent.
- The Administrative Appeals Procedure is posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources. This procedure shall be used for hearing protests of a decision to award or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract.
6.4. Public Inspection of Records
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 (§ 2.2-3700 et seq., Code of Virginia, 1950, as amended).
As indicated in the Code of the City of Newport News Section 2-557.2, any 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 Purchasing Agent decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.
Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records.
Interested parties may contact the Contract Officer to request a time to review proposal records during the normal business hours of the City. The City reserves the right to facilitate public inspection of records through electronic means to the extent possible.
6.5. Notices and Communications
Notices and communications related to the contract resulting from this Request for Proposals shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, modifications, renewals, and terminations will be handled through the Office of Purchasing. The Office of Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, contract renewals and contract amendments. The City may also use a web-based service to obtain signatures electronically.
6.6. Availability of Funds
A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).
6.7. Authorization to Transact Business in Virginia
All Offerors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the proposal a statement describing why the Offeror is not required to be so authorized.
Any business entity that enters into a contract with a public body pursuant to this chapter 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, as amended, to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.
6.8. Cooperative Purchase
If authorized by the Offeror, the contract resulting from this Request for Proposals may be extended to other public bodies, agencies or institutions within the United States to purchase at the contract prices and terms and conditions. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The City of Newport News is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating public bodies. It is the Contractor’s responsibility to notify other public bodies of the availability of contract(s), if desired. Offerors who do not wish to extend the terms, conditions and prices to other public bodies shall so indicate in the proposal.
6.9. Small, Women-Owned Minority and Service Disabled Veteran-Owned Business Requirements
The City of Newport News desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service disabled veterans and to encourage their participation in the City's procurement activities. The City of Newport News encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. Offerors are requested to complete and provide the Small, Women-Owned, Minority-Owned and Service Disabled Veteran-Owned Business Requirements Form, if provided herein.
6.10. Faith Based Organizations
The City of Newport News does not discriminate against faith based organizations.
6.11. Non-Discrimination
During the performance of a contract with the City, the Contractor agrees as follows:
- It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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.
- The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.
- 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 (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.
6.12. Drug Free Workplace
During the performance of a contract with the City, 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 prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this subsection, “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 this subsection, 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.
6.13. Payment Terms
- Payment terms shall be “Net 30 Days" unless otherwise stated by the Offeror on the Proposal Form. Alternate terms may be offered for prompt payment of bills.
- The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the Contractor for correction.
- Late payment charges shall not exceed one percent (1%) per month as indicated in the Code of Virginia Section 2.2-4352, Prompt Payment of Bills by Localities.
- If offered by the Offeror, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.
- The date of postmark shall be deemed as the date of payment in all cases where payment is made by mail.
- The City does not make advance payments for goods or services by practice.
6.14. Contractor Obligation to Pay Subcontractors (§ 2.2-4354 of the Code of Virginia)
The Contractor shall take one of the two following actions within seven (7) days after the receipt of amounts paid by the City for work performed by subcontractor(s) under the contract resulting from this solicitation:
- Pay the subcontractor(s) for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor(s) under the contract; or
- Notify the City and subcontractor(s), in writing, of their intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.
All contracts awarded by the Contractor to a subcontractor for any portion of the contract shall include:
- An interest clause that obligates the Contractor to pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City, except for amounts withheld as allowed.
- An interest clause that the Contractor shall pay interest to the subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City for work performed by the subcontractor(s), except for amounts withheld as allowed.
- An interest rate clause stating, ‘Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”
- The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).
- The Contractor’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment requirements in this section may not be construed to be an obligation of the City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.
6.15. Taxes
Sales to the City of Newport News are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.
6.16. Hold Harmless and Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by lack of performance, unlawful acts or omissions, or the negligent or willful acts or omissions of contractor or its subcontractors or sub-consultants. Further, if the Contractor subcontracts any work, it will require in its subcontracts that each contractor indemnify defend and hold harmless the City as stated above.
The parties to the contract resulting from this solicitation agree that under Virginia state law the City cannot indemnify, defend and hold harmless the Contractor. To the extent any promise or term contained in the contract, including exhibits, attachments or other documents incorporated by reference therein, includes any indemnification or obligation to defend by the City, that promise or term is stricken from the contract and of no effect.
6.17. Interpretation of Specifications
The apparent silence in the specifications and any supplemental specifications as to any detail or the omission from the specifications shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.
6.18. Laws and Regulations
The Contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.
6.19. Governing Law and Venue
This solicitation and any resulting contract are subject to the laws of the Commonwealth of Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in the courts of the City of Newport News, Virginia, or the United States District Court for the Eastern District of Virginia, Newport News Division.
6.20. Rights Under Anti-Trust Laws
The Offeror assigns to the City any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to the proposal. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.
6.21. Immigration Reform and Control Act of 1986
The Offeror certifies that he/she does not and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.
6.22. Assignment of Contract
A contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.
6.23. Default
In event of default by the Contractor, the City reserves the right to procure the goods and/or services from other sources, and hold the Contractor liable for any excess cost occasioned thereby.
6.24. Termination for Convenience
The City may terminate a contract when funds are not appropriated for the specified goods or services or when it is determined to be in the City’s best interest without providing specific cause.
If the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination.
Written notice of termination shall be given to the other party a minimum of thirty (30) days prior to its effective date.
6.25. Termination for Cause
In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.
The City may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.
In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.
6.26. Contractual Disputes and Claims
In accordance with Section 2-577 of City Code, contractual claims, whether for money or other relief, shall be submitted in writing to the Office of Purchasing no later than sixty (60) 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.
The Contractor shall refer to the Administrative Appeals Procedure and Contractual Claims Review Procedure posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources for information on claims submission and appeals related to contractual disputes.
The Contractor shall proceed diligently with the performance of the contract and with any disputed work pending final resolution of any claim or dispute.
6.27. Force Majeure
If the parties are unable to perform or are delayed in the performance of its obligations due to acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or any other cause which is not reasonably foreseeable and which is beyond that Contractor’s control, then provided that Contractor shall have delivered written notice to the City of the cause of the nonperformance within five (5) business days of the initiation of the delay, then such nonperformance shall not be an event of default under a contract resulting from this solicitation and the performance shall be resumed at the earliest practicable time after cessation of such interruption. If notice is provided within the manner and timeframe set forth herein, the time for performance of the obligations hereunder shall be extended for the period of the forced delay.
6.28. Rights and Remedies not Waived
In no event shall a payment by the City to the Contractor or the waiver by the City of any provision under the contract, including any obligation of the Contractor, constitute or be construed as a waiver by the City of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any rights or remedies available to the City.
6.29. Severability
If any provision of the Contract resulting from this solicitation or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the full extent permitted by law.
6.30. Independent Contractor
The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the City.
6.31. Conflict
In the event of a conflict between the contract documents, including these terms and conditions and the terms of a Purchase Order or related document issued by the Office of Purchasing, the contract documents shall control.
6.32. Non-Exclusive Contract
Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the City from acquiring similar, equal or like goods and/or services from other sources.
6.33. Records and Inspection
The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the City. The City shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the City to the Contractor pursuant to this contract or any renewal or extension of this contract. The City’s employees, agents or authorized representatives shall have access to the Contractor’s facilities and all necessary records and be provided adequate and appropriate work space in order to conduct audits.
6.34. Entire Agreement
7. Contract Specific Terms and Conditions
7.1. Questions
Questions regarding this Request for Proposals (RFP) must be submitted in writing through the OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Thursday, December 22, 2022 by 12:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.
7.2. Pre-Proposal Conference
A pre-proposal conference is scheduled related to this Request for Proposals on Thursday, December 1, 2022 at 11:00 am at:
2800 Washington Avenue Newport News, Virginia
Attendance at the pre-proposal conference is not mandatory in order for a proposal to be considered for award.
7.3. Site Visit
A site visit is scheduled related to this RFP on Thursday, December 1, 2022, 11:00 am at:
2800 Washington Avenue Newport News, Virginia
7.4. Contractor Qualifications
Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.
Offerors shall have the capability in all respects to fully comply with the terms and conditions identified in the RFP, and possess the qualifications, experience and capacity necessary to assure performance of the items identified in the respective Offeror’s proposal.
Offerors shall demonstrate through their proposals that capacity, ability and experience, including financial capacity with respect to both the proposed property transaction, and also proposed future use of the building.
7.5. Method of Award
The City will make a Single Award to the responsible Offeror(s) who has made the best proposal and determined to be most advantageous to the City by taking into consideration price and the evaluation criteria identified herein.
7.6. Contract/Agreement
The purchase and sale agreement for the property will be negotiated and entered into by the Newport News Economic Development Authority.
7.7. Contract Modifications
Any modifications made to the contract must be approved by the Office of Purchasing in advance. The City and the Contractor must mutually agree to modify the terms, conditions, scope or prices/costs contained in the contract before modifications are implemented.
7.8. Contract Period/Renewal
The contract shall continue until completion of the project
7.9. Invoicing and Payment
Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, and Newport News, VA 23607. No service fees or additional costs will be paid by the City during the term of the contract unless allowed in the contract.
Payment will be authorized following receipt of a valid invoice which must minimally include the Purchase Order Number, Purchase Order Line Item Number(s), Contract number (if provided by the City), Description of Goods and Services, Delivery Date(s) of Goods or Services, Unit Prices and Total Price. Invoices may be submitted per the terms of the executed purchase and sale contract.
7.10. Insurance
The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.
Prior to submitting a proposal, ensure that your firm fully understands the City’s insurance requirements, your carrier is properly rated and that your carrier can provide the required insurance and endorsements.
Contractor shall have seven (7) days from the date of the City’s request to provide insurance certificates and endorsements. Failure to provide the certificates and endorsements within this timeframe may be cause for the City to rescind award of a contract and hold the original Bidder/Offeror liable for excess costs.
Insurance requirements are specified herein in Section titled Insurance Requirements.
7.11. Examination of Conditions
Each Offeror shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the work in accordance with the Specifications or Scope of Work.
8. Vendor Questionnaire
Where attachments are requested below, the City recommends the use of the following files types:
- .pdf (Portable Document Format file)
- .doc and .docx (Microsoft Word document)
- .xls and .xlsx (Microsoft Excel spreadsheet)
- .bmp (Bitmap Image File)
- .jpg and .jpeg (JPEG Image)
The viability and accessibility of these attachments is entirely the responsibility of the Offeror. Attachments that are not accessible cannot be considered during the review and evaluation of the proposal, which may result in that proposal being determined non-responsive and not being further considered for award.
Please provide the following information for the main contact for all communication regarding this solicitation:
Name
Title
Phone Number
Email Address
Please provide the following information for the secondary contact for all communication regarding this solicitation:
Name
Title
Phone Number
Email Address
Please provide the payment address for your organization.
Please provide the Employer Identification Number (EIN). If an EIN is not available, please provide the Social Security Number associated with your organization.
Please provide your State Corporation Commission (SCC) Identification Number. If the Firm/Company is not required to have/maintain registration, please provide the reason. If the Firm/Company is in the process of registering with the SCC, please state so.
For more information on registration and requirements, please visit https://www.scc.virginia.gov/.
Please provide the payment terms for this project. If payment terms are not provided, then the terms shall be "Net 30 Days".
Please select one of the following:
Offeror takes exception to terms, conditions, requirements, or specifications stated herein Offeror must itemize all exceptions below.
If there are no exceptions, please type "N/A".
The following exceptions are noted:
Offeror will extend term, conditions and prices to other jurisdictions.
By submitting a response to this solicitation, the Offeror certifies that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The Offeror understands collusive bidding is a violation of Federal law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages.
In accordance with the terms, conditions and specifications of this Request for Proposals, the undersigned agrees to furnish the items and/or services requested. The undersigned acknowledges that the proposal is valid for a period of 180 days from the due date and certifies he/she has read, understands, and agrees to all terms, conditions, and requirements of this Request for Proposals and is authorized to contract on behalf of firm named below.
In the space below, enter the name and contact email of the person who has signature authority for the Bidder's company, and is hereby agreeing to the statement above.
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 Offeror or Contractor must invoke the protections of this section prior to or upon submission of data or other materials to be protected and state the reasons why protection is necessary. Price quotations in proposals submitted to the City are not “proprietary” or “confidential”. They are considered public information. Information leading to the decision to award, including prices and other factors, shall be made public (section 2-557.2 of City Code).
If you answered YES to the previous question, please list the sections and the reasons why the information is considered a trade secret or proprietary information. Please clearly list out exactly what sections of your submittal are proprietary. Do Not Mark the Whole Proposal Proprietary.
If there is no proprietary information being submitted, please type "N/A".
Please upload a completed copy of the W-9 for your organization.
Please submit your technical proposal for this project. Be sure to include all of the required items outlined in the “Technical Proposal Format” section of this RFP.
Please upload your Price Proposal for this project, as described in the "Submission Requirements and Evaluation" section of this RFP.
References must be for equivalent services. Do not include the City of Newport News as a Reference.
Please provide the following information for all three references, where prompted below:
Name of Business, City, County, or Agency
Street Address
City and State
Contract Dates
Contact Name
Contact Title
Contact Telephone
Contact Email
Description of Work Performed
Contract Amount in Dollars
Please provide the requested information for the first reference:
Please provide the requested information for the second reference:
Please provide the requested information for the third reference:
Please review the City's SWaM program. This document is provided for informational purposes only.
A certified SWaM Business is one that holds a current certification from the Virginia Department of Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women’s Business Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other U.S. State and some Local Government Supplier Diversity Programs.
Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged Business Enterprise?
If applicable, what is your company’s certification type?
Select all that apply
If applicable, please provide the Certification Entity/Agency and the Certification Number(s).
If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.
Contractors (including SWaM and non-SWaM firms) are encouraged to offer subcontracting opportunities to SWaM businesses to the greatest extent possible.
If applicable, please state the anticipated dollars that you intend to subcontract to each business type if a contract is awarded to your firm, similar to the format indicated below:
Total dollars to be sub-contracted: Company Name:
Total Small Business $______________ _____________________
Total Woman-Owned $______________ _____________________
Total Minority-Owned $______________ _____________________
Total SDV Dollars $______________ _____________________
Total DBE Dollars $______________ _____________________
If your firm cannot subcontract any work to SWaM businesses, please elaborate on why subcontracting opportunities are not available or practical.