Loudon County VA RFQ
Loudoun County, Virginia
Request for Quotation
HOUSING NEEDS ASSESSMENT
ACCEPTANCE DATE: November 13, 2015 prior to 5:00 p.m. Atomic Time
RFQ NUMBER: C-2179
ACCEPTANCE PLACE: Department of Management and Financial Services
Division of Procurement
One Harrison Street, SE, 4th Floor
Leesburg, VA 20175
Requests for information related to this Request for Quotation should be directed to:
Diane Smith
Contracting Officer
(703) 777-3190
(703) 771-5097 (Fax)
Diane.Smith@loudoun.gov
Issue Date: October 16, 2015
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HOUSING NEEDS ASSESSMENT
1.0 PURPOSE
The purpose of this Request for Quotation (RFQ) is to obtain firm fixed pricing from a
Consultant to produce a Housing Needs Assessment for County of Loudoun, Virginia
(County). The work to be performed is intended to produce an analysis of housing needs
given current and projected demographic figures as well as a discussion of the economic
development implications of any housing gaps.
The County envisions the Housing Needs Assessment to consider: 1) current and future
population and household characteristics; 2) housing and employment trends; 3)
identification of the number of housing units and their cost to the County’s current and future
workforce (herein defined as all people working or available to work within Loudoun County)
and other segments of the population to include: elderly, young adults, single-parent
households, and persons with disabilities; and 4) an identification of needs and gaps in the
provision of affordable housing. The intent of this Assessment is to provide a framework for
the County to understand housing trends as well as inform and guide the County’s future
housing efforts. Components of this Housing Needs Assessment will include the analysis of
housing needs as well as recommendations for housing targets which can be adopted by the
County. The County’s goal of having a long range affordable housing strategy begins with
providing and maintaining affordable housing to accommodate its citizens at all income
levels.
Please note that the work could be performed by a team of Consultants. Multiple Consultants
will be considered for various components of the Scope if the County deems that the best
approach to take.
2.0 BACKGROUND INFORMATION
Loudoun County, Virginia, is a growing, dynamic county of more than 350,000 people
(projected to be 450,000 by 2025), located just 25 miles from Washington, D.C. The home
of Dulles International Airport, Loudoun has established a reputation as an international
center for technology, communications, and transportation. Bordered by the Blue Ridge
Mountains and Potomac River, Loudoun is widely known for its beautiful scenery, rich history,
vibrant economy, and strong sense of community, while enjoying a reputation for high-quality
services.
Loudoun County is known for having one of the highest median household incomes in the
country at $116,848 (2013 ACS One-Year Estimate), which is more than twice the national
median and almost twice the Virginia median. This high median household income also
translates to high housing costs, which is an indicator of the amount of income needed in
order to afford a place to live. As such, retaining a sufficient supply of affordable housing for
low and moderate income residents has become an increasing challenge.
Loudoun County, unlike most other localities, has an extremely high proportion of owners
(74.9%) to renters (25.1%). The average sales price in Loudoun County peaked in 2006 at
$547,113. The 2013 ACS One-Year Estimate median value of an owner-occupied unit is
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$438,300. In 2013, 23% of Loudoun County’s owner-occupied households spent 30% or
more of their income on housing costs. To compound this cost-burden issue, situations for
renter-occupied households are bleaker. The 2013 ACS One-Year Estimate median gross
rent for Loudoun County is $1,628. In 2013, 44% of Loudoun County’s renter-occupied
households spent 30% or more of their income on rental costs.
In September 2007, the Loudoun County Board of Supervisors adopted an amendment to
the Loudoun County Comprehensive Plan to broaden and update countywide housing
policies. Some of the guiding policies include: the County seeks to promote housing options
for all people who live and/or work in Loudoun; the County will regularly examine and estimate
unmet housing needs, and housing programs will be evaluated for their effectiveness in
addressing those needs; the County encourages a variety of housing types, sizes and
innovative designs to be developed to assist in fulfilling unmet housing needs throughout the
County; and the County will promote the provision of an affordable range of housing types
throughout the County.
On September 4, 2013, the Board of Supervisors created the Housing Stakeholders Group
(HSG) to review the County’s existing housing programs to determine their sustainability,
viability and efficiency. The Group devoted over 50 hours to this effort and held sixteen
meetings including holding a public input session. On January 21, 2015, a Committee of the
Whole meeting was held where the Board, HSG representatives, and staff had a fuller
discussion of the HSG process and recommendations. As part of this discussion, HSG
representatives mentioned: the need to lure more businesses to Loudoun, the lack of diversity
in both housing stock and price points; the fact that a target for affordable housing was never
achieved as well as what the target should be based on; the fact that housing engenders
greater economic development; how to identify the key characteristics of people buying
homes in Loudoun; the need to provide housing in order to foster economic development
expectations; and how to create affordability in a market economy.
3.0 SCOPE OF SERVICES
The County seeks a qualified Consultant to work collaboratively with County staff to carry out
the various activities identified in the Scope of Services. The Scope of Services, at a
minimum, should include the following tasks. However, any additional data gathering that
the Consultant believes is necessary for completing the Housing Needs Assessment and
addressing the existing conditions and future projections/forecast questions below should
also be addressed in the Consultant’s response to this RFQ.
Task 1 – Summarize existing conditions and describe trends.
The County has several documents that provide preliminary information pertinent to this
Housing Needs Assessment. A few of the documents that will be provided to the Consultant
for review include demographic data, a previous housing and employment data and
projections study, and data showing County residential development trends.
After reviewing the data, the Consultant will provide an overview of existing conditions and
summarize any key trends.
Task 2 – Develop/ implement a methodology for measuring supply, demand, and gaps.
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The Consultant will develop and implement a methodology and framework for measuring and
showing supply, demand, and gaps across all income groups, household types, and sub-
populations.
Task 3 – Analyze housing needs for various segments of the population.
3.1 Determine whether current and future housing in Loudoun County is appropriate to
the needs of residents in terms of affordability, quantity, types of housing, size of units,
costs, and locations.
3.2 Incorporating data from existing County plans and reports, analyze
housing need for distinct segments of the population.
3.3 Identify any challenges in the local housing market that could be
addressed.
3.4 Determine, based on projections of number of households and
subpopulations, the quantity and types of housing units required to meet the County’s
needs.
3.5 Demonstrate impacts of changing the supply of housing suitable for
different income levels with projections to 2040.
3.6 Consider the effects of housing supply changes on the economy of
Loudoun County and competitiveness of employers.
3.7 Make decisions and projections based on the County’s existing land use
policies and land use map.
Task 4 – Final report presentation.
The expectation is for the Consultant to present the draft report and recommendations to the
County’s Board of Supervisors, Housing Advisory Board, and other stakeholders, as needed.
In developing the Housing Needs Assessment, the County desires to have answers to the
following questions:
Existing Conditions:
1. What percentage of the County’s workforce, by industry, lives in Loudoun County? How
does this compare to other jurisdictions in the Washington Primary Metropolitan Statistical
Area (PMSA)?
2. What percentage of the County’s workforce, by industry, lives outside of Loudoun
County?
3. What is happening in the regional housing market that could benefit Loudoun’s housing
market as well as adversely affect Loudoun’s housing market?
4. What is the current state of Loudoun County’s housing market? Include discussions of
how much homes (for sale and rental) currently cost. How many persons per household
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they support, how many bedrooms they contain, the square footage of the home, and
what styles/unit types/tenure are present? What are recent trends in the housing market?
How does Loudoun’s current housing market compare to other jurisdictions in the
Washington PMSA? What is the impact on affordability of fluctuations in mortgage
interest rates?
5. Correlate housing supply with the Area Median Income (AMI), according to household
size, from 0% to 120% in 10% intervals and above 120%, and with jobs by industry.
6. After completing an in-depth analysis, what are the current demographic trends of the
County (household size, age, incomes, employment status, etc.)? Include in this
breakdown, Area Median Income (AMI) projections, according to household size, at the
intervals identified in question #4 above.
7. What are the housing needs for different population groups, including the needs for
persons with disabilities / elderly, various age groups (ages 20 to 34, 35 to 64, 55+, 62+,
65+, and 70+), homeless, low and moderate income, single parent households, and
female headed households?
8. What can Loudoun’s current households afford to pay for housing? Other than the
standard HUD definition of affordable housing which holds that families pay no more than
30% of their pre-tax, gross income for housing and utilities, provide other additional
metrics for determining “affordability”.
9. What proportion of County households (owners and renters) are cost-burdened now?
How does this compare to other jurisdictions in the Washington PMSA?
Future Projections / Forecasts:
1. After completing an in-depth analysis, what are the projected future demographic trends
of the County (household size, age, incomes, employment status, etc.)? Include in this
breakdown, Area Median Income (AMI) projections, according to household size, at the
intervals identified in Existing Conditions question #4 above.
2. If present trends continue, what jobs (by occupation and sector) are coming to Loudoun
County and what will they pay? Based on these employment projections, what will the
housing needs be for Loudoun County’s future workforce?
3. What can Loudoun’s future households afford to pay for housing? Other than the
standard HUD definition of affordable housing which holds that families should pay no
more than 30% of their pre-tax, gross income for housing and utilities, provide several
metrics for determining “affordability”.
4. What are the number and types of housing (i.e. – market-rate, affordable, single-family,
multi-family, rental, ownership, etc.) that could meet these needs? For example, what
are the number, types, and costs of units needed to accommodate Loudoun County’s
future residents? Another example is how many units for purchase or rental are needed,
by bedroom size, and what will they cost?
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5. What are the forecasted trends in the housing market (including mortgage rates) and in
housing supply? Discuss the same topics as referenced in Existing Conditions question
#3. Develop several alternate future scenarios.
6. Identify any gaps between housing needs and forecasted supply. Provide data at
different price points and in accordance with unmet needs (defined by the County as the
needs of households earning up to 100% of the Area Median Income, according to
household size).
7. Correlate this with the Area Median Income (AMI), according to household size, levels
stated in Existing Conditions question #4. Include in the discussion gaps between
housing need and the County’s current forecasts by housing unit type through 2040.
8. What proportion of County households (owners and renters) will be cost-burdened
through 2040?
9. Within the context of regional housing and labor markets, identify and quantify the impacts
on Loudoun’s economy of potential housing initiatives addressing affordable housing.
10. Provide additional information not specifically requested in this Scope of Services that will
be useful in an analysis of the County’s housing needs.
The County reserves the right to negotiate with the Consultant(s) regarding the choice/use of
sub-consultants.
Staffing Plan and Support:
The Consultant will be responsible for all primary activities and deliverables with overall
coordination by the County Project Manager assigned to the project. The Consultant shall
provide a primary point of contact that will have overall responsibility for the work, the project
team, and sub-consultants, if applicable, under this Contract.
The Project Manager’s primary responsibilities shall be oversight of the contract, information
management, facilitating communication with appropriate parties, and assisting in the
coordination of meetings. The Project Manager will be assisted by an Interdepartmental
Project Team comprised of Staff from the Departments of Family Services, Planning and
Zoning, Economic Development, Management and Financial Services, and others as
deemed appropriate.
The general role of the Interdepartmental Project Team is to provide technical reviews of
project documents and to ensure that deliverables are consistent with the contract. Any
deviations from required County Staff support should be reflected in the proposal.
Deliverables:
1. Project Initiation: Upon commencement of the project, the Consultant(s) shall
participate in a meeting with the Interdepartmental Project Team. The County Project
Manager and/or Project Team will (1) provide a briefing of the project history and
need; (2) provide background information related to the study; and (3) discuss
relevant background documents and previous studies. The Consultant(s) will provide
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a briefing to the Project Team regarding the overall project approach and methods
planned to be used during the study. The Project Team will address technical
concerns regarding the proposed approach and recommend alternatives as
appropriate.
a. The Consultant(s) shall provide a briefing to the Project Team at the Project
Initiation Meeting using PowerPoint or other appropriate tools to demonstrate
the overall project approach and methods planned to be used.
b. Within ten (10) working days after the Project Initiation Meeting, the
Consultant(s) shall submit, in electronic graphic format, a project timeline and
scope, for review by the County Project Manager. Such timeline shall be
suitable for distribution.
c. Within ten (10) working days after the Project Initiation Meeting, the
Consultant(s) shall submit, in electronic format, a draft “Final Report Outline”
or similar document for review by the County Project Manager. The outline
shall demonstrate the Consultant’s understanding of the project goals and
shall set general expectations of content and format of the Final Report.
2. Monthly Updates: Collaborate and communicate regularly with County staff to share
information, meet established benchmarks, prepare for meetings, and provide
monthly written updates and reports and/or monthly conference calls.
3. Methodology: Provide a detailed description and written report of the applied
methodology used to develop the data and make projections that can be reproduced.
Include descriptions of any procedures used to validate the data and/or models.
Additionally, also include various methods/approaches that have been used in other
localities to answer these types of housing questions. The Consultant(s) will meet
with the Project Team to complete the following: develop a draft methodology for the
Housing Needs Analysis for review by the Project Team; and review two (2)
preliminary and one (1) final version of the aforementioned items.
4. Housing Needs Assessment: In accordance with the project timeline, the
Consultant(s) shall prepare and present, in electronic format, a draft Housing Needs
Assessment Report for review by the Interdepartmental Project Team (two (2)
preliminary drafts and one (1) final report) on existing and projected conditions and
definitions of housing needs for distinct income groups within Loudoun County as
described in the Scope of Services. Analysis of the Housing Needs Assessment data
that identifies housing needs and specifically addresses the questions listed above in
the Scope of Services. Prior to printing and distribution, the Consultant(s) will allow
10 business days after electronic delivery for the County’s final review that all edits
are included in the Housing Needs Assessment final report. The final report should
be provided in hard copy and in electronic format.
5. Reports and Presentations: In accordance with the project timeline, the
Consultant(s) shall submit to the County Project Manager, in electronic format and
fifteen (15) hard copies, a draft, comprehensive Final Report, which incorporates all
of the previous deliverables, for review by the Interdepartmental Project Team and
appropriate County Staff. County Staff will review the document(s) and provide
comments within fifteen (15) working days. Within ten (10) days after receiving
comments from the County, the Consultant(s) shall submit to the County Project
Manager in electronic format and thirty (30) hard copies, a complete Final Report for
distribution.
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In addition to the aforementioned meetings, one (1) presentation is required with the
Loudoun County Board of Supervisors to discuss the Final Report and (2)
presentations are required with both the Interdepartmental Project Team and the
County’s Housing Advisory Board to a) provide an update halfway through the project
and b) discuss the Final Report. County Staff will be afforded the opportunity to
comment on the presentation during “dry runs” scheduled for the halfway and final
presentations.
Evaluation of Proposals: Selection Factors:
Evaluation is based on the extent to which the proposal meets the requirements of solicitation
and the extent to which the Consultant is likely to be able to achieve the desired results. The
proposal must be complete and include all necessary information to be considered for full
evaluation. The criteria set forth below will be used in the receipt of proposals and selection
of the successful Consultant.
The County Proposal Analysis Group (PAG) will review and evaluate each proposal and
selection will be made on the basis of the criteria listed below. PAG members will have
experience in, but not limited to, housing, urban planning, economic development, real estate,
finance, demographics, and public participation. The Consultants submitting proposals shall
include with that proposal statements on the following:
i. Experience of the Consultant or Consultant team as indicated by prior successful
completion of similar projects, including housing needs assessments in communities
with a scale similar to Loudoun County and in proximity to similar employment sectors;
demonstrated ability to analyze and summarize housing market conditions and
economic development trends; demonstrated ability to work effectively on a complex
public project with the participation of multiple stakeholders; and demonstrated ability
to bring such projects to successful completion within the constraints of time and
budget. Relevant experience of the key individuals who will be assigned to this project
will be considered. (50 points)
ii. Proposed project approach and methodology to meet the project objectives/scope of
services and an understanding of the project and project issues. Consideration will
also be given to Consultants who offer creative methodological solutions to achieve
end results. (25 points)
iii. Cost of services. (20 points)
iv. Compliance with Contract Terms and Conditions. (5 points)
The PAG will collectively develop a composite rating which indicates the group's collective
ranking of the highest rated proposals in a descending order. The PAG may then conduct
interviews with only the top ranked Consultants, usually the top two (2) or three (3) depending
upon the number of proposals received. Negotiations shall be conducted with Consultants
so selected. The PAG may request a Best and Final Offer(s) (BAFO) and/or make a
recommendation for the Contract award. The timeframe for review of this RFQ (until the point
of Consultant selection) is approximately 2 to 3 months.
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4.0 TERMS AND CONDITIONS
The Agreement for Service (“Agreement” or “Contract”) with the successful vendor will contain
the following Terms and Conditions. Vendors taking exception to these terms and conditions
or intending to propose additional or alternative language must (a) identify with specificity the
County terms and conditions to which they take exception or seek to amend or replace; and
(b) include any additional or different language with their proposal. Failure to both identify
with specificity those terms and conditions vendor takes exception to or seeks to amend or
replace as well as to provide vendor’s additional or alternate Contract terms may result in
rejection of the proposal. While the County may accept additional or different language if so
provided with the proposal, the Terms and Conditions marked with an asterisk (*) are mandatory
and non-negotiable.
4.1 Procedures
The extent and character of the services to be performed by the Consultant shall be
subject to the general control and approval of the Housing Programs Manager or his/her
authorized representative(s). The Consultant shall not comply with requests and/or
orders issued by other than the Housing Programs Manager or his/her authorized
representative(s) acting within their authority for the County. Any change to the Contract
must be approved in writing by the Division of Procurement and the Consultant.
4.2 Quantities
The quantities specified in this Agreement are estimated only. They may not indicate
the actual quantity which will be ordered, since such volume will depend upon
requirements which develop during the term of this Agreement.
Quantities shown shall not be construed to represent any amount which the County shall
be obligated to purchase under the Contract, or relieve the Consultant of its obligation
to fill all orders placed by the County.
4.3 Delays and Delivery Failures
Time is of the essence. The Consultant must keep the County advised at all times of
status of parties’ agreement. If delay is foreseen, the Consultant shall give immediate
written notice to the Division of Procurement. Should the Consultant fail to deliver the
proper service(s) at the time and place(s) contracted for, or within a reasonable period
of time thereafter as agreed to in writing by the Division of Procurement, or should the
Consultant fail to make a timely replacement of rejected services when so required, the
County may purchase services of comparable quality and quantity in the open market
to replace the undelivered or rejected services. The Consultant shall reimburse the
County for all costs in excess of the Agreement price when purchases are made in the
open market; or, in the event that there is a balance the County owes to the Consultant
from prior transactions, an amount equal to the additional expense incurred by the
County as a result of the Consultant's nonperformance shall be deducted from the
balance as payment.
4.4 Business, Professional, and Occupational License Requirement
All firms or individuals located or doing business in Loudoun County are required to be
licensed in accordance with the County's "Business, Professional, and Occupational
Licensing (BPOL) Tax" Ordinance during the initial term of the Contract or any renewal
period.
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Wholesale and retail merchants without a business location in Loudoun County are
exempt from this requirement. Questions concerning the BPOL Tax should be directed
to the Office of Commissioner of Revenue, telephone (703) 777-0260.
4.5 Payment of Taxes
All Consultants located or owning property in Loudoun County shall assure that all real
and personal property taxes are paid.
The County will verify payment of all real and personal property taxes by the Consultant
prior to the award of any Contract or Contract renewal.
4.6 Insurance
A. The Consultant shall be responsible for its work and every part thereof, and
for all materials, tools, equipment, appliances, and property of any and all
description used in connection therewith. The Consultant assumes all risk of
direct and indirect damage or injury to the property or persons used or
employed on or in connection with the work contracted for, and of all damage
or injury to any person or property wherever located, resulting from any action,
omission, commission or operation under the Contract.
B. The Consultant and all subconsultants shall, during the continuance of all work
under the Contract provide the following:
1. Workers' compensation and Employer's Liability to protect the
Consultant from any liability or damages for any injuries (including
death and disability) to any and all of its employees, including any and
all liability or damage which may arise by virtue of any statute or law in
force within the Commonwealth of Virginia.
2. Comprehensive General Liability insurance to protect the Consultant,
and the interest of the County, its officers, employees, and agents
against any and all injuries to third parties, including bodily injury and
personal injury, wherever located, resulting from any action or
operation under the Contract or in connection with the contracted work.
The General Liability insurance shall also include the Broad Form
Property Damage endorsement, in addition to coverage for explosion,
collapse, and underground hazards, where required.
3. Automobile Liability insurance, covering all owned, non-owned,
borrowed, leased, or rented vehicles operated by the Consultant.
C. The Consultant agrees to provide the above referenced policies with the
following limits. Liability insurance limits may be arranged by General Liability
and Automobile policies for the full limits required, or by a combination of
underlying policies for lesser limits with the remaining limits provided by an
Excess or Umbrella Liability policy.
1. Workers’ Compensation:
Coverage A: Statutory
Coverage B: $100,000
2. General Liability:
Per Occurrence: $1,000,000
Personal/Advertising Injury: $1,000,000
General Aggregate: $2,000,000
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Products/Completed Operations: $2,000,000
aggregate
Fire Damage Legal Liability: $100,000
GL Coverage, excluding Products and Completed Operations,
should be on a Per Project Basis
3. Automobile Liability:
Combined Single Limit: $1,000,000
D. The following provisions shall be agreed to by the Consultant:
1. No change, cancellation, or non-renewal shall be made in any insurance
coverage without a forty-five (45) day written notice to the County. The
Consultant shall furnish a new certificate prior to any change or
cancellation date. The failure of the Consultant to deliver a new and
valid certificate will result in suspension of all payments until the new
certificate is furnished.
2. Liability Insurance "Claims Made" basis:
If the liability insurance purchased by the Consultant has been issued
on a "claims made" basis, the Consultant must comply with the
following additional conditions. The limits of liability and the extensions
to be included as described previously in these provisions, remain the
same. The Consultant must either:
a. Agree to provide certificates of insurance evidencing the above
coverage for a period of two (2) years after final payment for
the Contract for General Liability policies This certificate shall
evidence a "retroactive date" no later than the beginning of the
Consultant's work under this Contract, or
b. Purchase the extended reporting period endorsement for the
policy or policies in force during the term of this Contract and
evidence the purchase of this extended reporting period
endorsement by means of a certificate of insurance or a copy
of the endorsement itself.
3. The Consultant must disclose the amount of deductible/self-insured
retention applicable to the General Liability and Automobile Liability.
The County reserves the right to request additional information to
determine if the Consultant has the financial capacity to meet its
obligations under a deductible/self-insured plan. If this provision is
utilized, the Consultant will be permitted to provide evidence of its
ability to fund the deductible/self-insured retention.
4. a. The Consultant agrees to provide insurance issued by
companies admitted within the Commonwealth of Virginia, with
the Best's Key Rating of at least A:VII.
b. European markets including those based in London, and the
domestic surplus lines market that operate on a non-admitted
basis are exempt from this requirement provided that the
Consultant's broker can provide financial data to establish that
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a market's policyholder surpluses are equal to or exceed the
surpluses that correspond to Best's A:VII Rating.
5. a. The Consultant will provide an original signed Certificate of
Insurance and such endorsements as prescribed herein.
b. The Consultant will provide on request certified copies of all
insurance coverage related to the Contract within ten (10)
business days of request by the County. These certified copies
will be sent to the County from the Consultant's insurance
agent or representative. Any request made under this
provision will be deemed confidential and proprietary.
c. Any certificates provided shall indicate the Contract name and
number.
6. The County, its officers and employees shall be Endorsed to the
Consultant's Automobile and General Liability policies as an
"additional insured" with the provision that this coverage "is primary to
all other coverage the County may possess." (Use "loss payee" where
there is an insurable interest). A Certificate of Insurance evidencing
the additional insured status must be presented to the County along
with a copy of the Endorsement.
7. Compliance by the Consultant with the foregoing requirements as to
carrying insurance shall not relieve the Consultant of their liabilities
provisions of the Contract.
E. Precaution shall be exercised at all times for the protection of persons
(including employees) and property.
F. The Consultant is to comply with the Occupational Safety and Health Act of
1970, Public Law 91-956, as it may apply to this Contract.
G. If an "ACORD" Insurance Certificate form is used by the Consultant's
insurance agent, the words "endeavor to" and ". . . but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" in
the "Cancellation" paragraph of the form shall be deleted.
H. The Consultant agrees to waive all rights of subrogation against the County,
its officers, employees, and agents.
4.7 Hold Harmless
The Consultant shall, indemnify, defend, and hold harmless the County from loss from
all suits, actions, or claims of any kind brought as a consequence of any negligent act or
omission by the Consultant. The Consultant agrees that this clause shall include claims
involving infringement of patent or copyright. For purposes of this paragraph, “County”
and “Consultant” includes their employees, officials, agents, and representatives.
“Consultant” also includes subconsultants and suppliers to the Consultant. The word
“defend” means to provide legal counsel for the County or to reimburse the County for
its attorney’s fees and costs related to the claim. This section shall survive the Contract.
The County is prohibited from indemnifying Consultant and/or any other third parties.
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4.8 Safety
All Consultants and subconsultants performing services for the County are required to
and shall comply with all Occupational Safety and Health Administration (OSHA), State
and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also, all Consultants and subconsultants shall be held responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site area under this
Contract.
4.9 Permits
It shall be the responsibility of the Consultant to comply with County ordinances by
securing any necessary permits. The County will waive any fees involved in securing
County permits.
4.10 Notice of Required Disability Legislation Compliance
The County is required to comply with state and federal disability legislation: The
Rehabilitation Act of 1973 Section 504, The Americans with Disabilities Act (ADA) for
1990 Title II and The Virginians with Disabilities Act of 1990.
Specifically, Loudoun County, may not, through its contractual and/or financial
arrangements, directly or indirectly avoid compliance with Title II of the Americans with
Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on
the basis of disability. Subtitle A protects qualified individuals with disability from
discrimination on the basis of disability in the services, programs, or activities of all state
and local governments. It extends the prohibition of discrimination in federally assisted
programs established by the Rehabilitation Act of 1973 Section 504 to all activities of
state and local governments, including those that do not receive federal financial
assistance, and incorporates specific prohibitions of discrimination on the basis of
disability in Titles I, III, and V of the Americans with Disabilities Act. The Virginians with
Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section 504.
4.11 Ethics in Public Contracting
The provisions contained in §§ 2.2-4367 through 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 County. A copy of these
provisions may be obtained from the Purchasing Agent upon request.
The above-stated provisions supplement, but do not supersede, other provisions of law
including, but not limited to, the Virginia State and Local Government Conflict of Interests
Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.)
and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding
the fact that the conduct described may not constitute a violation of the Virginia State
and Local Government Conflict of Interests Act.
4.12 Employment Discrimination by Consultants Prohibited
Every Contract of over $10,000 shall include the following provisions:
A. During the performance of this Contract, the Consultant agrees as follows:
1. The Consultant will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, national origin, age,
disability, status as a service disabled veteran, or any other basis
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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 Consultant. The Consultant
agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. The Consultant, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, shall state that such Consultant
is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient to meet this
requirement.
B. The Consultant will include the provisions of the foregoing paragraphs, 1, 2, and
3 in every subcontract or purchase order of over $10,000, so that the provisions
will be binding upon each subconsultant or vendor.
4.13 Drug-free Workplace
Every Contract over $10,000 shall include the following provisions
During the performance of this Contract, the Consultant agrees to (i) provide a drug-
free workplace for the Consultant’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the
Consultant’s workplace and specifying the actions that will be taken against
employees for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Consultant that the
Consultant maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subconsultant or vendor.
For the purposes of this section, “drug-free workplace” means a site for the
performance of work done in connection with a specific Contract awarded to a
Consultant in accordance with this chapter, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana during the performance of
the Contract.
4.14 Faith-Based Organizations
The County does not discriminate against faith-based organizations.
4.15 Immigration Reform and Control Act of 1986
By entering this Contract, the Consultant certifies that it does not and will not during
the performance of this Contract violate the provisions of the Federal Immigration
Reform and Control Act of 1986, which prohibits employment of illegal aliens.
4.16 Substitutions
NO substitutions or cancellations are permitted after Agreement award without written
approval by the Division of Procurement. Where specific employees are proposed by
the Consultant for the work, those employees shall perform the work as long as those
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employees work for the Consultant, either as employees or subconsultants, unless the
County agrees to a substitution. Requests for substitutions will be reviewed by the
County and approval may be given by the County at its sole discretion.
4.17 Condition of Items
All items shall be new, in first class condition, including containers suitable for shipment
and storage, unless otherwise indicated herein or as may be agreed to by the parties in
a written amendment to this Agreement. Oral or written but unsigned agreements to the
contrary will not be recognized.
4.18 Workmanship and Inspection
All work under this Contract shall be performed in a skillful and workmanlike manner.
The Consultant and its employees shall be professional and courteous at all times. The
County reserves the right to require immediate removal of any Consultant employee
from County service it deems unfit for service for any reason, not contrary to law. This
right is non-negotiable and the Consultant agrees to this condition by accepting this
Agreement. Further, the County may, from time to time, make inspections of the work
performed under the Agreement. Any inspection by the County does not relieve the
Consultant of any responsibility in meeting the Agreement requirements.
The Consultant will have all employees working at County sites wear a uniform and have
photo identification (frontal face). This identification must be prominently displayed at all
times.
4.19 Exemption from Taxes
Pursuant to Va. Code § 58.1-609.1, the County is exempt from Virginia State Sales
or Use Taxes and Federal Excise Tax, therefore the Consultant shall not charge the
County for Virginia State Sales or Use Taxes or Federal Excise Tax on the finished
goods or products provided under the Contract. However, this exemption does not
apply to the Consultant, and the Consultant shall be responsible for the payment of
any sales, use, or excise tax it incurs in providing the goods required by the Contract,
including, but not limited to, taxes on materials purchased by a Consultant for
incorporation in or use on a construction project. Nothing in this section shall prohibit
the Consultant from including its own sales tax expense in connection with the Contract
in its Contract price.
4.20 Ordering, Invoicing and Payment
All work requested under this Contract shall be placed on a County issued Purchase
Order. The Consultant shall not accept credit card orders or payments.
Upon delivery and acceptance of the equipment and/or service, the Consultant shall
submit an invoice detailing the appropriate charges.
Invoices shall be submitted to:
County of Loudoun, Virginia
Department of Family Services
PO Box 7400
Leesburg, Virginia 20177-7400
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Upon receipt of invoice and final inspection and acceptance of the equipment and/or
service, the County will render payment within forty-five (45) days unless any items
thereon are questioned, in which event payment will be withheld pending verification of
the amount claimed and the validity of the claim. The Consultant shall provide complete
cooperation during any such investigation. Unless invoice items are questioned, the
interest shall accrue at the rate of one percent (1%) per month for any late payments.
Individual Consultants shall provide their social security numbers; and proprietorships,
partnerships, and corporations shall provide their federal employer identification number
on the pricing form.
4.21 Payments to Subconsultants
Within seven (7) days after receipt of amounts paid by the County for work performed
by a subconsultant under this Contract, the Consultant shall either:
A. Pay the subconsultant for the proportionate share of the total payment received
from the County attributable to the work performed by the subconsultant under
this Contract; or
B. Notify the County and subconsultant, in writing, of his intention to withhold all or
a part of the subconsultant's payment and the reason for non-payment.
The Consultant shall pay interest to the subconsultant on all amounts owed that remain
unpaid beyond the seven (7) day period except for amounts withheld as allowed in item
B. above.
Unless otherwise provided under the terms of this Contract, interest shall accrue at the
rate of one percent (1%) per month.
The Consultant shall include in each of its subcontracts a provision requiring each
subconsultant to include or otherwise be subject to the same payment and interest
requirements as set forth above with respect to each lower-tier subconsultant.
The Consultant's obligation to pay an interest charge to a subconsultant pursuant to this
provision may not be construed to be an obligation of the County.
4.22 Assignment
The Agreement may not be assigned in whole or in part without the prior written
consent of the Division of Procurement. The rights and obligations of the Consultant
are personal and may be performed only by the Consultant. Any purported
assignment that does not comply with this provision is void. This Agreement is
binding upon and inures to the benefit of the parties and their respective permitted
successors and assigns.
4.23 Termination
Subject to the provisions below, this Contract may be terminated by the County upon
thirty (30) days advance written notice to the Consultant; but if any work or service
hereunder is in progress, but not completed as of the date of termination, then the
Contract may be extended upon written approval of the County until said work or
services are completed and accepted.
A. Termination for Convenience
The County may terminate this Contract for convenience in which the case the
parties shall negotiate reasonable termination costs.
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B. Termination for Cause
In the event of Termination for Cause, the thirty (30) days advance notice is
waived and the Consultant shall not be entitled to termination costs.
C. 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 Consultant 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.
4.24 Contractual Disputes
The Consultant shall give written notice to the Purchasing Agent of intent to file a claim
for money or other relief within ten (10) calendar days of the occurrence giving rise to
the claim or at the beginning of the work upon which the claim is to be based, whichever
is earlier.
The Consultant shall submit its invoice for final payment within thirty (30) days after
completion or delivery.
The claim, with supporting documentation, shall be submitted to the Purchasing Agent
by US Mail, return receipt requested, courier, or overnight delivery service, no later than
sixty (60) days after final payment. If the claim is not disposed of by agreement, the
Purchasing Agent shall reduce his/her decision to writing and mail via U.S. mail or
otherwise forward a copy thereof to the Consultant within thirty (30) days of the County’s
receipt of the claim.
The Purchasing Agent's decision shall be final unless the Consultant appeals within thirty
(30) days by submitting a written letter of appeal to the County Administrator, or his
designee. The County Administrator shall render a decision within sixty (60) days of
receipt of the appeal.
No Consultant shall institute any legal action until all statutory requirements have been
met. Each party shall bear its own costs and expenses resulting from any litigation,
including attorney’s fees.
4.25 Severability
In the event that any provision shall be adjudged or decreed to be invalid by a court of
competent jurisdiction, such ruling shall not invalidate the entire Agreement but shall
pertain only to the provision in question and the remaining provisions shall continue to
be valid, binding and in full force and effect.
4.26 Governing Law/Forum
This Agreement shall be governed and construed in all respects by its terms and by the
laws of the Commonwealth of Virginia, without giving effect to its conflicts of laws
provisions. Any judicial action shall be filed in the Commonwealth of Virginia, County of
Loudoun. Consultant expressly waives any objection to venue or jurisdiction of the
Loudoun County Circuit Court, Loudoun County, Virginia. Consultant expressly
consents to waiver of service of process in an action pending in the Loudoun County
Circuit Court pursuant to Virginia Code Section 8.01-286.1.
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4.27 Licensure
To the extent required by the Commonwealth of Virginia (see e.g. 54.1-1100 et seq.
of the Code of Virginia) or the County, the Consultant shall be duly licensed to perform
the services required to be delivered pursuant to this Contract.
4.28 Authority to Transact Business in Virginia
A Consultant 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 herein that
enters into a Contract with the County pursuant to the Virginia Public Procurement
Act 2.2-4300 et seq. 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 of the Code of Virginia, to be revoked or cancelled at any time during
the term of the Contract. The County may void any Contract with a business entity if
the business entity fails to remain in compliance with the provisions of this section.
4.29 Counterparts
This Contract and any amendments or renewals hereto may be executed in a number
of counterparts, and each counterpart signature, when taken with the other
counterpart signatures, is treated as if executed upon one original of this Contract or
any amendment or renewal. A signature by any party to this Contract provided by
facsimile or electronic mail is binding upon that party as if it were the original.
4.30 Confidentiality
A. Consultant Confidentiality
The Consultant acknowledges and understands that its employees may have access
to proprietary, business information, or other confidential information belonging to the
County. Therefore, except as required by law, the Consultant agrees that its
employees will not:
1. Access or attempt to access data that is unrelated to their job duties or
authorizations as related to this Agreement.
2. Access or attempt to access information beyond their stated authorization.
3. Disclose to any other person or allow any other person access to any
information related to the County or any of its facilities or any other user of
this Agreement 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 Consultant understands that the County, or others may suffer irreparable harm
by disclosure of proprietary or confidential information and that the County may seek
legal remedies available to it should such disclosure occur. Further, the Consultant
understands that violations of this provision may result in termination of the
Agreement.
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The Consultant understands that information and data obtained during the
performance of this agreement shall be considered confidential, during and following
the term of this Agreement, and will not be divulged without the Purchasing Agent’s
written consent and then only in strict accordance with prevailing laws. The
Consultant shall hold all information provided by the County as proprietary and
confidential, and shall make no unauthorized reproduction or distribution of such
material.
B. County Confidentiality
In addition, the County understands that certain information provided by the
Consultant during the performance of this Agreement may also contain confidential
or proprietary information. All information will be maintained in accordance with the
Virginia Freedom of Information Act.
4.31 Force Majeure
A party is not liable for failure to perform the party's obligations if such failure is as a
result of Acts of God (including fire, flood, earthquake, storm, hurricane or other
natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of
whether war is declared), civil war, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, blockage, embargo, strikes at national level or industrial disputes at a
national level, or strike or industrial disputes by labor not employed by the affected
party, its subconsultants or its suppliers and which affect an essential portion of the
contracted for works but excluding any industrial dispute which is specific to the
performance of the works or this contract, interruption or failure of electricity or
telephone service.
If a party asserts Force Majeure as an excuse for failure to perform the party's
obligation, that party must immediately notify the other party giving full particulars of
the event of force majeure and the reasons for the event of force majeure preventing
that party from, or delaying that party in performing its obligations under this contract
and that party must use its reasonable efforts to mitigate the effect of the event of
force majeure upon its or their performance of the contract and to fulfill its or their
obligations under the contract.
An event of force majeure does not relieve a party from liability for an obligation which
arose before the occurrence of that event, nor does that event affect the obligation to
pay money in a timely manner which matured prior to the occurrence of that event.
The Consultant has no entitlement and County has no liability for: (1) any costs,
losses, expenses, damages or the payment of any part of the contract price during
an event of force majeure; and (2) any delay costs in any way incurred by the
consultant due to an event of force majeure.
4.32 Survival of Terms
Upon discharge of this Agreement, Sections (Notice, Hold Harmless, Governing
Law/Forum, Contractual Disputes) of these Terms and Conditions continue and
survive in full force and effect.
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4.33 Non-Waiver
No waiver of any provision of this Agreement shall constitute a waiver of any other
provision nor shall any waiver of this Agreement constitute a continuing waiver unless
otherwise expressly provided.
5.0 INSTRUCTIONS FOR SUBMISSION OF QUOTES
5.1 Submission of Quotes
Before submitting a quote, read the ENTIRE solicitation including the Terms and
Conditions. Pricing must be submitted on the attached pricing form only. Include other
information, as requested or required. The face of the container shall indicate the RFQ
number, time and date of opening, and the title of the RFQ. Quotes must be received
by the Division of Procurement BEFORE the hour specified on the opening date. Quotes
may be either mailed or hand delivered to One Harrison Street, S.E., 4th Floor,
Leesburg, Virginia 20175 or e-mailed to Diane Smith at Diane Smith@loudoun.gov.
5.2 Authority to Bind Firm in Contract
Quotes MUST give full firm name and address of vendor. Failure to manually sign quote
may disqualify it. Person signing quote will show TITLE or AUTHORITY TO BIND THE
FIRM IN A CONTRACT. Firm name and authorized signature must appear on quote in
the space provided on the pricing page. Those authorized to sign are as follows:
If a sole proprietorship, the owner may sign.
If a general partnership, any general partner may sign.
If a limited partnership, a general partner must sign.
If a limited liability company, a “member” may sign or “manager” must sign if so
specified by the articles of organization
If a regular corporation, the CEO, President or Vice-President must sign.
Others may be granted authority to sign but the County requires that a corporate
document authorizing him/her to sign be submitted with quote.
5.3 Proof of Authority to Transact Business in Virginia
A vendor organized or authorized to transact business in the Commonwealth
pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid or
proposal the identification number issued to it by the State Corporation Commission.
Any vendor 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 of the Code
of Virginia or as otherwise required by law shall include in its bid or proposal a
statement describing why the vendor is not required to be so authorized. Any vendor
described herein that fails to provide the required information shall not receive an
award unless a waiver of this requirement and the administrative policies and
procedures established to implement this section is granted by the Purchasing Agent
or his designee. The SCC may be reached at (804) 371-9733 or at
http://www.scc.virginia.gov/default.aspx.
5.4 References
All vendors shall include, with their quotes, a list of at least three (3) current references
for whom comparable work has been performed. This list shall include company name,
person to contact, address, telephone number, fax number, e-mail address, and the
nature of the work performed. Failure to include references shall be cause for rejection
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of quote as non-responsible. Vendor hereby releases listed references from all claims
and liability for damages that may result from the information provided by the reference.
5.5 Proprietary Information
Trade secrets or proprietary information submitted by a vendor in connection with this
solicitation shall not be subject to disclosure under the Virginia Freedom of Information
Act, provided the vendor follows the provisions of § 2.2-4342 of the Code of Virginia.
5.6 Rights of County
The County reserves the right to accept or reject all or any part of any proposal, waive
informalities, and award the contract to best serve the interest of the County. Informality
shall mean a minor defect or variation of a quote from the exact requirements of the
Request for Quotation which does not affect the price, quality, quantity or delivery
schedule for the goods, services or construction being procured.
5.7 Basis for Award
The County will review and evaluate each quote and selection will be made, in the best
interest of the County, on the basis of the following criteria: cost, experience and project
approach and methodology.
5.8 W-9 Form Required
Each vendor shall submit a completed W-9 form with their quote. In the event of
contract award, this information is required in order to issue purchase orders and
payments to your firm. A copy of this form can be downloaded from
http://www.irs.gov/pub/irs-pdf/fw9.pdf.
5.9 Insurance Coverage
Vendors shall include with their quote a copy of their current Certificate of Insurance
that illustrates the current level of coverage the vendor carries. The Certificate can
be a current file copy and does not need to include any “additional insured” language
for the County.
5.10 Legal Action
No vendor or potential vendor shall institute any legal action until all statutory
requirements have been met.
5.11 Quote Submission Information
Vendors shall provide the following with their quote:
A. Samples
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Loudoun County, Virginia
Division of Procurement
One Harrison Street, 4th Floor
Leesburg, Virginia 20175
HOUSING NEEDS ASSESSMENT
THE FIRM OF:
Address:
FEIN#
NOTICE TO VENDORS: The following required supplies shall be provided according to the Terms
and Conditions contained herein.
A. Return the following with your quote. If vendor fails to provide with their quote, items shall
be provided within twenty-four (24) hours of quote opening.
ITEM: INCLUDED: (X)
1. W-9 Form:
2. Certificate of Insurance:
3. Addenda, if any (Informality): ______
B. Failure to provide the following items with your quote shall be cause for rejection of quote as
non-responsive and/or non-responsible. It is the responsibility of the vendor to ensure that it
has received all addenda and to include signed copies with their quote.
ITEM: INCLUDED: (X)
1. Addenda, if any:
2. Payment Terms: _________ net 30 or _______ Other
5. Proof of Authority to Transact Business
in Virginia Form:
7. Minimum Qualification Documentation: ______
8. References (5.4):
9. Quote Submission Information (5.11) ______
Person to contact regarding this quote:
Title: Phone: Fax:
E-mail
Name of person authorized to bind the Firm (5.2):
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Signature: Date:
By signing and submitting a quote, your firm acknowledges and agrees that it has read and
understands the RFQ documents.
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Loudoun County, Virginia
Division of Procurement
One Harrison Street, 4th Floor
Leesburg, Virginia 20175
PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA
THIS FORM MUST BE SUBMITTED WITH YOUR QUOTE. FAILURE TO INCLUDE THIS FORM
SHALL RESULT IN REJECTION OF YOUR QUOTE
Pursuant to Virginia Code §2.2-4311.2, a vendor organized or authorized to transact business in the Commonwealth
pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its quote the identification number issued to
it by the State Corporation Commission (“SCC”). Any vendor 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 of the Code of Virginia or as
otherwise required by law shall include in its quote a statement describing why the vendor is not required to be so
authorized. Any vendor described herein that fails to provide the required information shall not receive an award
unless a waiver of this requirement and the administrative policies and procedures established to implement this
section is granted by the Purchasing Agent or his designee.
If this quote for goods or services is accepted by the County of Loudoun, Virginia, the undersigned agrees that the
requirements of the Code of Virginia Section 2.2-4311.2 have been met.
Please complete the following by checking the appropriate line that applies and providing the requested information.
PLEASE NOTE: The SCC number is NOT your federal ID number or business license number.
A._____ Vendor is a Virginia business entity organized and authorized to transact business in Virginia by the SCC
and such vendor’s Identification Number issued to it by the SCC is ______________________.
B._____ Vendor is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the
SCC and such vendor’s Identification Number issued to it by the SCC is _____________________.
C._____ Vendor does not have an Identification Number issued to it by the SCC and such vendor is not required to
be authorized to transact business in Virginia by the SCC for the following reason(s):
Please attach additional sheets of paper if you need to explain why such vendor is not required to be
authorized to transact business in Virginia.
________________________________________________________________
Legal Name of Company (as listed on W-9)
________________________________________________________________
Legal Name of Vendor
_______________________________
Date
________________________________________________________________
Authorized Signature
________________________________________________________________
Print or Type Name and Title