RFP 26-261876/AB SPORTING BOX OFFICE TICKET SALES

REQUEST FOR PROPOSALS
City of Hampton
ISSUING OFFICE: DATE: February 17, 2026 RFP ITEM NO.
26-261876/AB
Consolidated Procurement Div.
Attention of Offeror is Directed To Section
1 Franklin Street, Suite 345 PROCUREMENT OFFICER
2.2-4367 to 2.2-4377 Code of Virginia
HAMPTON, VA 23669
(Ethics In Public Contracting)
TELEPHONE: (757) 727-2200
Alicia Brown, Senior Buyer
FAX: (757)727-2207
SEALED PROPOSALS will be received in the Issuing Office above until Closing Date and Closing CLOSING DATE
Time as specified in this solicitation including any addenda issued by this office. HCS of Hampton is
not responsible for late delivery by U.S. Postal mail or other couriers. March 19, 2026
All inquiries for information regarding this Request for Proposal are to be directed to the Issuing Office
as defined herein. CLOSING TIME
COMMODITY: Event Ticketing and Distribution System Services 11:00 a.m. EST
NIGP CODE: 31875, 31877, 60050, 86030, 86070, 98579
PLEASE FILL IN OFFEROR'S NAME & ADDRESS PREPROPOSAL CONFERENCE
IN THE SPACES PROVIDED BELOW: THIS IS NOT AN ORDER
N/A
__________________________________________
__________________________________
__________________________________
THE SCHOOL BOARD OF THE CITY OF HAMPTON, HEREAFTER REFERRED TO AS "HCS", RESERVES THE RIGHT
TO ACCEPT OR REJECT ANY AND ALL PROPOSALS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITIES IN
THE COMPETITVE NEGOTIATIONS PROCESS. FURTHER, HCS RESERVES THE RIGHT TO ENTER INTO ANY
CONTRACT DEEMED TO BE IN ITS BEST INTEREST. THE ENTIRE CONTENTS OF THE REQUEST FOR
PROPOSALS, ANY ADDENDA, OFFEROR'S PROPOSAL AND NEGOTIATED CHANGES SHALL BE INCORPORATED
BY REFERENCE INTO ANY RESULTING CONTRACT.
THE SCHOOL BOARD OF THE CITY OF HAMPTON DOES NOT DISCRIMINATE AGAINST
FAITH-BASED ORGANIZATIONS.
DESCRIPTION OF COMMODITY
The School Board of The City of Hampton is seeking proposals from qualified
Offerors to provide an online event ticketing system.
ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ (Please Initial)
__________________________________________________________________________________________________________
THE SCHOOL BOARD OF THE CITY OF HAMPTON CANNOT LEGALLY AGREE TO ANY CLAUSE INDEMNIFYING THE CONTRACTOR FROM
ANY DAMAGES ARISING OUT OF THE CONTRACT/AGREEMENT/LEASE OR HOLDING THE CONTRACTOR HARMLESS. THE SUBMISSION
OF A PROPOSAL CONSTITUTES AN AGREEMENT BY THE CONTRACTOR NOT TO REQUEST SUCH LANGUAGE IN THE RESULTING
CONTRACT. IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL THE CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES
TO PERFORM ANY CONTRACT AWARDED AS A RESULT OF THIS SOLICITATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN
AGENT AUTHORIZED TO BIND THE COMPANY. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN PROPOSAL REJECTION.
Authorized Agent: _______________________________________________ ______________________
Signature Type or Print Name
___________________ ________________________ ____________________ ______________________
Email Address Telephone Number Fax Number Company FEI/FIN#
ENCLOSURES

ANTI-COLLUSION/NONDISCRIMINATION/DRUG-FREE WORKPLACE REQUIREMENTS
ANTI-COLLUSION CLAUSE:
IN THE PREPARATION AND SUBMISSION OF THIS PROPOSAL, SAID OFFEROR DID NOT EITHER DIRECTLY OR INDIRECTLY ENTER INTO
ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE
IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1
THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-68.8 OF THE CODE OF VIRGINIA.
THE UNDERSIGNED OFFEROR HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS RESULTING THEREFROM, IS NOT THE
RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR
CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY,
CITY HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS PROPOSAL; AND, THAT NO PERSON OR PERSONS, FIRM OR CORPORATION
OTHER THAN THE UNDERSIGNED, HAVE, OR ARE, INTERESTED IN THIS PROPOSAL.
DRUG-FREE WORKPLACE:
DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES TO (I) PROVIDE A DRUG-FREE WORKPLACE FOR THE
CONTRACTOR'S EMPLOYEES; (II) POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, A
STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION, OR
USE OF A CONTROLLED SUBSTANCE OR MARIJUANA IS PROHIBITED IN THE CONTRACTOR'S WORKPLACE AND SPECIFYING THE
ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION; (III) STATE IN ALL SOLICITATIONS OR
ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR THAT THE CONTRACTOR MAINTAINS A DRUG-
FREE WORKPLACE; AND (IV) INCLUDE THE PROVISIONS OF THE FOREGOING CLAUSES IN EVERY SUBCONTRACT OR PURCHASE
ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUCONTRACTOR OR VENDOR.
FOR THE PURPOSE OF THIS SECTION, "DRUG-FREE WORKPLACE" MEANS A SITE FOR THE PERFORMANCE OR WORK DONE IN
CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO A CONTRACTOR IN ACCORDANCE WITH FEDERAL LAW, 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.
EMPLOYMENT DISCRIMINATION BY THE SUCESSFUL OFFEROR SHALL BE PROHIBITED:
1. DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:
a THE OFFEROR, SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE,
RELIGION, COLOR, SEX, NATIONAL ORIGIN, AGE, DISABILITY, OR ANY OTHER BASIS PROHIBITED BY STATE LAW RELATING TO
DISCRIMINATION IN EMPLOYMENT, EXCEPT WHERE THERE IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY
NECESSARY TO THE NORMAL OPERATION OF THE CONTRACTOR. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS
PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH THE PROVISIONS OF
THIS NONDISCRIMINATION CLAUSE.
b. THE CONTRACTOR, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE
CONTRACTOR, SHALL STATE THAT SUCH CONTRACTOR IS AN EQUAL OPPORTUNITY EMPLOYER.
c. 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.
2. THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF THE FOREGOING PARAGRAPHS A, B, AND C IN EVERY SUBCONTRACT OR
PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
Name and Address of OFFEROR: Date: _____ Authorized Signature__________________________
Printed Name:___________________________Title:____________________________
Phone Number:__________________________ Fax Number:_____________________
Email Address:__________________________________________________________
Federal Tax Identification Number/Social Security Number: ________________________________
Is Offeror a "minority" business? Yes No If yes, please indicate the "minority" classification below:
African American Hispanic American American Indian Eskimo Asian American Aleut Other; Please Explain:
Is Offeror Woman Owned? Yes No
Is Offeror a Small Business? Yes No
Is Offeror a Faith-Based Organization? Yes No

I. PURPOSE
The purpose of this RFP is to solicit sealed proposals from qualified offerors to furnish, install, operate, and maintain
an event ticketing system for HCS athletic events and other events as needed.
II. BACKGROUND
Hampton, Virginia
Hampton is an independent city located in Virginia. It is on the southern end of the Virginia Peninsula, bordering the
Chesapeake Bay. The City has a total area of 136.2 square miles; 51.8 miles of that is land and 84.4 miles is water,
with a total population of more than 137,000.
The City boasts a strong military and technology presence. The nation's first air base, Langley Air Force Base, is home
of the First Fighter Wing and continuing to add new missions. As Joint Base Langley-Eustis, it contributes nearly $4
billion a year to the regional economy. NASA Langley Research Center, where America's first astronauts were trained,
is a major center for aviation research. In addition, the National Institute for Aerospace, run by a consortium of
universities, conducts research on both manned and unmanned systems. The most recent research center is Huntington
Ingalls, which located its Unmanned Systems Center of Excellence in Hampton to focus on military and business
applications for underwater drones. Virginia Tech has an expanded research center focused on seafood and
aquaculture and opened an office and lab space as part of its Center for Coastal Studies.
In addition to these advanced research centers, higher education opportunities include Hampton University, a pre-
eminent HBCU that offers 90 programs; the Virginia Peninsula Community College; Old Dominion University's Peninsula
Center; and Bryant & Stratton College.
The City is also home to multiple medical facilities including Sentara Careplex Hospital, the Hampton Veteran's
Administration Medical Center, the Hampton University Proton Therapy Institute for specialized cancer treatment,
centers affiliated with Riverside Regional Medical Center and the Children's Hospital of the Kings' Daughters, as well as
military and retiree care at the Langley base.
Other major employers include Science Systems and Applications, Analytical Mechanics, Howmet, Amsec,
Measurement Specialists Inc., Zel Technologies, Ferguson Enterprises, Registrar, Liberty Source, Old Point National
Bank, VersAbility Resources, and Faneuil. Huntington Ingalls also has employees at another Hampton location (in
addition to the Unmanned Center). Tourism is also an important economic driver.
The City is situated between two airports, each less than 15 miles from downtown: Norfolk International Airport and the
smaller Newport News/Williamsburg International Airport.
Hampton is part of a dynamic metropolitan region. Besides Hampton, the region contains four other cities with
populations greater than 100,000. Hampton Roads now has a population of 1.8 million and is the 37th largest
metropolitan region in the nation.
The city's public school system has been recognized nationally, and the city's government has been recognized for its
flooding resilience programs, transparency, use of technology to benefit residents, and extensive citizen engagement.
Hampton is a welcoming and diverse city - large enough to provide a wide variety of festivals, music, arts and culture -
but small enough that people know their neighbors. Hampton is more than 400 years old (the oldest continually occupied
city in the original 13 Colonies) and has a rich history. Approximately half of the residents are African-American, and
37% are white, with the remainder split among multiple races and other categories. About 6% of the population is
Hispanic. Additional demographic data may be accessed by the hyperlink: http://hampton.gov/90/Demographics

III. SCOPE OF WORK
HCS is seeking proposals from qualified offerors to provide an online event ticketing system to be used for athletic
events as well as other school sponsored events as needed.
Specific Requirements:
1. The contractor shall furnish all labor, equipment, and materials for the sale of box office ticket sales.
2. The contractor shall provide all hardware and software for the sale and distribution of tickets for HCS athletic
events as well as other events.
3. The contractor shall provide the ability to create other types of school sponsored events in the ticketing
software.
4. The system shall be capable of selling single, multi-day, and season tickets online but shall also allow users
to purchase tickets on-site.
5. The system shall be capable of taking payments for concessions.
6. The contractor shall maintain and perform any maintenance to keep the system operational.
7. The contractor shall ensure 24-hour support is available for users.
8. Please detail any refund policies, if any, in proposals.
B. SPECIAL Definitions:
Issuing Office:
Wherever used in this Invitation to Bid, Issuing Office will be:
Alicia Brown, Senior Buyer
Consolidated Procurement Division
Community, Municipal Services/Education
1 Franklin Street, Suite 345
Hampton, VA 23669
Phone: (757) 727-2196
Email: alicia.brown@hampton.gov
School Board of the City of Hampton Contract Administrator:
Wherever used in this Invitation to Bid and for purposes of any notices under this contract, HCS Contract
Administrator will be:
Karen Leckemby, Financial Specialist III
Chief of Secondary School Leadership Office
Hampton City Schools
1 Franklin Street
Hampton, VA 23669
757 727- 2006
Email: kleckemby@hampton.k12.va.us
III. INSTRUCTIONS TO THE OFFEROR
A. Contact with City/HCS Staff, Representatives, and/or Agents:
Direct contact with HCS staff, representatives, and/or agents other than Consolidated Procurement Division staff
on the subject of this RFP or any subject related to this RFP is expressly prohibited except with the prior
knowledge and permission of the Purchasing Agent or designated representative.
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B. Questions:
Offerors must submit questions regarding the Request for Proposal in writing by email to
alicia.brown@hampton.gov no later than 3:30 PM EST March 5, 2026. Necessary replies will be issued to all
Offerors of record as addenda that shall become part of the contract documents. Oral instructions do not form a
part of the Proposal documents.
Offeror is responsible for checking the http:/www.hampton/bids-contracts web site or contacting the Issuing
Office within 48 hours prior to Proposal closing to secure any addenda issued for this RFP.
C. Changes or Modifications:
Changes or modifications to this Request for Proposals made prior to the date and time of closing will be
addressed by addenda from the Issuing Office. Offerors are to acknowledge receipt of addenda in the space
provided on the cover page of this Request for Proposal. Oral communications are not a part of the Proposal
documents. This RFP and any addenda shall be incorporated, by reference, into any resulting contract.
D. RFP Closing:
Offeror shall ensure its Proposal is time stamped by the Issuing Office no later than the Closing Date and Time
shown on the cover page of this Information for Proposal. Proposals received after the specified date and time
(time stamped 11:01 A.M. or later) will not be considered and will be returned to the Offeror unopened.
E. Proposal Submittal Requirements:
1. Each Proposal submission shall be submitted to the Issuing Office and shall include the following documents:
a. The cover page of this Request for Proposal, which will contain:
1) Original signature of an agent authorized to bind the company;
2) Requested contact information;
3) Company FEI/FIN number; and,
4) Acknowledgment of any addenda on page one (1);
5) Federal Funding Sheet Attachment
b. Pricing Schedule-Attachment A
c. Completed and signed anticollusion/nondiscrimination clauses on page 2;
2. Offerors are encouraged to submit their Proposals on recycled paper and to use double-sided copying.
3. Proposals must be submitted utilizing the following requirements:
a. Offerors shall submit proposals in a sealed envelope or package, and label the envelope or package with
the Request for Proposal's item number and the name and address of the Offeror. Proposals received
by telephone, telegraph, facsimile, or any other means of electronic transfer shall not be
accepted.
b. Submit the original of the proposal.
c. All proposals shall be received and time stamped in the Issuing Office no later than the Closing Date and
Time shown on the cover page of this Request for Proposal. Any proposal received after the specified
date and time (11:01 AM EST or later) will not be considered and will be returned to the Offeror
unopened.
d. Proposals must include all elements noted in the "Preparation of Proposals" section below.
e. Include a statement setting forth the basis for protection of proprietary information, if any, as detailed in
the "Proprietary Information/Disclosure" section.
f. Proposals are to be organized in the following tabs:
Tab 1 - Experience
Tab 2 - Services to be provided
Tab 3 - Capabilities and Skills
Tab 4 - Costs
Tab 5 - Exceptions
Tab 6 - Proposed alternatives to HCS requirements
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Overall Proposal Score
Exceptional (5): The submission exceeds expectations, excellent probability of success and in achieving all objectives.
Very innovative.
Good (4): Very good probability of success. Achieves all objectives in reasonable fashion.
Acceptable (3): Has reasonable probability of success. Some objectives may not be met.
Poor (2): Falls short of expectations and has a low probability of success.
Unacceptable (1): Submission fails to meet requirements and the approach has no probability of success.
Criteria Maximum Points
Experience 25 points
Capability and Skills 25 points
Services to be Provided 25 points
Costs 10 points
Exceptions/Alternatives 10 points
Minority/Woman Owned r 5 points
Total 100 points
F. Evaluation of Proposals:
1. After the proposal opening, HCS will select for further consideration two or more Offerors deemed to be fully
qualified and best suited among those submitting proposals based on Offerors' responses to the information
requested in this RFP.
2. The following criteria will be used in the evaluation process: Offeror's experience in providing the services
requested;
Offeror's capability and skills to perform the services required;
Services to be provided by the Offeror; and Price.
3. Exceptions/Alternatives will also be considered.
4. Based on the initial evaluation, HCS may request the selected Offerors to make oral presentations.
Thereafter, HCS will conduct negotiations with each of the selected short-listed Offerors. Individuals
representing the Offeror during negotiations shall have the authority to negotiate and contractually bind the
company to a contract.
5. After negotiations are completed, HCS will select the Offeror who, in HCS opinion, has made the best
proposal and shall award the contract to that Offeror (referred to in this RFP as the Contractor). Should
HCS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror
is clearly more highly qualified than the others under consideration, a contract may be negotiated and
awarded to that Offeror.
6. HCS is not required to furnish a statement of the reason(s) why a proposal was not deemed to be the most
advantageous.
G. Presentation/Demonstration:
If in HCS's opinion, vendor presentations or demonstrations of the Offeror's proposed system's features and
capabilities are warranted, HCS will notify the appropriate vendors. Such presentation or demonstration will be
at a HCS site at a date and time mutually agreed to between HCS and Offeror and will be at the Offeror's
expense.
Preparation of Proposals:
In presenting their proposals, Offerors are encouraged to be thorough in addressing the Specific
Requirements, the Preparation Guidelines, and the Proposal Submittal Requirements as outlined in this
RFP.
To facilitate HCS's evaluation of Offeror's proposal, Offeror is to number all pages of its proposal and provide
tabs as indicated above. Offeror must fully address each of the following items and submit proposals
using the following format:
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1. Experience - Provide a concise description of all work experiences as they relate to the scope of work
outlined herein. Said description should include, but not be limited to:
Offeror's established experience record in providing comparable services to organizations similar to Hampton
City Schools.
Number and types of customers the Offeror has served with comparable services.
Number of years Offeror has been providing these types of services.
A minimum of five (5) references for which Offeror has completed services comparable to those described in
this RFP. Include references for work performed in an environment comparable to HCS'. For each
reference, detail:
Name of firm;
Address of firm;
Name, title, address, e-mail address, and phone and fax number of a contact for the firm;
Number of years Offeror has served the firm; and
Brief summary of scope of services provided.
Information detailing projects of similar scope Offeror is currently engaged in, including:
Name of firm;
Address of firm;
Name, title, address, e-mail address, and phone and fax number of a contact for the firm;
Number of years Offeror has served the firm; and
Brief summary of scope of services being provided.
Other available documentation to verify Offeror's experience.
A statement detailing why the Offeror is the best candidate to provide HCS with the services requested in this
RFP.
2. Capability and skill - Describe the qualifications and skills of the organization to provide the services. Said
description should provide, but not be limited to, the following information:
Background information about the organization, e.g., philosophy, ownership, size, facilities and locations, etc.
Offeror's management structure of the firm -- e.g. organization chart of the firm, project team, etc.
Size and location of the office that will serve HCS;
Offeror's qualifications to perform the services, including all resources available to Offeror for the
performance of the contract.
Qualifications and resumes of the design team and other employees who will be managing and performing
the services under this contract. Projects of individual team members may be submitted.
Name, title, address, e-mail address, phone and fax numbers, and work hours of the Offeror's Contract
Representative for the following functions:
Contact for prompt contract administration upon award of the contract;
Contact during the period of evaluation;
Authorized agent to accept any notices provided for in this contract.
Indicate the type of organization you represent, i.e. individual, partnership or corporation. If the Offeror is a
corporation, list the names of the President, Vice-President, Secretary, Treasurer and all principals. If the
Offeror is a partnership, include the names of all principals or partners.
A detailed history of all mergers or acquisitions.
A copy of the certificate verifying the firm is registered to do business in the Commonwealth of Virginia.
A detailed list of contractor licenses held, including license class and number.
Offeror's current financial condition. Provide supporting documentation and audited annual reports for the
past three (3) years. If company is privately held, supply sufficient information to document the company's
financial status and capability to perform under this contract. Include any financial ratings held by the firm.
If Offeror intends to subcontract any part of the work under this contract, indicate services to be
subcontracted and subcontractor(s) to provide said services.
3. Services to be Provided - Provide a detailed description of the services to be provided under this contract.
Said description is to address, at a minimum:
An introduction - An overview of Offeror's understanding of the scope of work and services to be provided.
Best practice approaches to providing services to HCS that enhance efficiency and effectiveness. Innovative
solutions will be considered by HCS.
EACH of the Specific Requirements set forth under the Scope of Work specified in this RFP.
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A detail of any assistance, equipment, or other items the Offeror will require HCS to furnish under this
contract.
A statement explaining why the Offeror's proposed solution would be the most advantageous to HCS.
Describe the one attribute that places the Offeror ahead of the competition.
4. Price
Complete and submit with the proposal the attached Pricing Sheet (Attachment A).
Offeror is to provide as an attachment to Appendix A any additional pricing information or alternative pricing
structures offered.
Offeror's prices will be subject to negotiations.
After negotiations and award of this contract, Contractor's pricing for the services provided under this
contract shall be a firm fixed-price during the term of the contract and any extensions.
5. Exceptions/Alternatives - Detail any exceptions taken to the Scope of Work and Terms and Conditions
sections of this RFP. For each exception, specify the RFP page number, section number, and the exception
taken. Offeror must not incorporate its standard contract document into its proposal, by reference or in full
text, without listing each exception it represents to the terms and conditions of this RFP, as described in the
Exceptions/Alternatives section of this RFP.
6. Minority / Woman Owned Programs (Attachment C)
H. Cost of Responding:
This solicitation does not commit HCS to pay any costs incurred by the Offeror or any other party in the
preparation and/or submission of proposals or in making necessary studies or designs for the preparation
thereof, nor is HCS obligated to procure or contract for such services.
II. GENERAL TERMS AND CONDITIONS
A. Contract Document:
This RFP, its addenda, Contractor's proposal, any additional information requested, and negotiated changes
and will constitute the final contract hereafter referred to as this "contract". These documents will be
incorporated by reference into HCS purchase order awarding this contract. This contract shall be governed by
the contract documents in the following order of precedence:
This RFP document;
Any negotiated changes to the foregoing documents; and Offeror's proposal
B. Proposal Binding For One-hundred Twenty (120) Days:
Offeror agrees that its Proposal shall be binding and may not be withdrawn for a period of one-hundred (120)
calendar days after the scheduled closing date of this Request For Proposals.
C. Proprietary Information/Non-Disclosure:
Offeror is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as
amended) shall govern public inspection of all records submitted by Offeror. Specifically, if Offeror seeks to
protect any proprietary data or materials, pursuant to Section 2.2-4342, Offeror shall:
1. Invoke the protections of this section prior to or upon submission of the data or other materials,
2. Provide a statement that identifies the data or other materials to be protected and that states the reasons why
protection is necessary.
3. Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly
marked "PROPRIETARY".
4. Information submitted that does not meet the above requirements will be considered public information in
accordance with State statutes.
5. HCS reserves the right to submit such information to HCS attorney for concurrence of the Offeror's claim that
it is in fact proprietary.
6. References to the proprietary information may be made within the body of the Proposal; however, all
information contained within the body of the Proposal shall be public information in accordance with State
statutes.
7. Trade secrets or proprietary information submitted by an Offeror in conjunction with this RFP is not subject to
public disclosure under the Virginia Freedom of Information Act (VFOIA).
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8. Information submitted that does not meet the above requirements will be considered public information in
accordance with the VFOIA.
9. An all-inclusive statement that the entire Proposal is proprietary is unacceptable. A statement that Offeror's
costs and/or Proposal pricing are to be protected is unacceptable. Offeror will be requested to remove any
such statement(s) in order to be eligible for further consideration.
D. Contract Modification(s):
After award, any and all modifications to this contract shall be mutually agreed to by both parties, in writing, and
authorized by HCS Purchasing Agent or his designee via issuance of a change order (purchase order).
E. Offeror Obligation:
Offeror shall carefully examine the contents of this Request for Proposals and any subsequent addenda.
Failure to do so shall not relieve the Contractor of its obligation to fulfill the requirements of any contract
awarded as a result of this RFP.
F. Conditions of Work:
Offeror shall inform itself fully of the conditions relating to services required herein. Failure to do so will not
relieve a Contractor of the obligation to furnish all goods and/or services necessary to carry out the provisions of
this contract
G. Prime Contractor:
If in its performance of this contract, Contractor supplies goods or services by or through another party or
subcontractor, Contractor agrees that:
1. Contractor shall act as the prime contractor for the goods and services to be provided under contract and
shall be the sole point of contact with regard to all obligations under this contract.
2. Contractor represents and warrants that Contractor has made third parties or subcontractors aware of the
proposed use and disposition of the other party's products or services, and that such other party has agreed
in writing that it has no objection and that HCS is not liable to such third parties or subcontractors for any
work performed under this contract.
3. The use of subcontractors and the work they perform must receive the prior written approval of HCS. HCS
will designate a Contract Administrator to approve such work.
4. Contractor shall be solely responsible for all work performed and materials provided by subcontractors.
5. Contractor shall be responsible for the liability of subcontractors for the types and limits required of the
Contractor under this contract.
6. To obtain payment for work performed under this Agreement, if the Contractor is an individual, the individual
Contractor shall provide his social security number. If the Contractor is a proprietorship, partnership, or
corporation, the Contractor shall provide its federal employer identification number.
H. Subcontractors:
Contractor's use of subcontractors and the work they are to perform must receive written approval from the
Contract Administrator at least ten (10) calendar days prior to the work being performed. Contractor shall be
solely responsible for all work performed and materials provided by subcontractors. Contractor shall be
responsible for the liability of subcontractors for the types and limits required of the Contractor.
Payments to Subcontractors:
In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement Act),
Contractor shall make payment to all subcontractors, as defined in the Code, within seven (7) days after receipt
of payment from the HCS; or, shall notify the HCS and subcontractors in writing of the intention to withhold all or
a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted,
Contractor shall pay interest at the rate of one (1) percent per month, unless otherwise provided in the
Agreement, to the subcontractors on all amounts that remain unpaid after seven (7) days except for the
amounts withheld as provided herein.
These same requirements shall be included in each subcontract and shall be applicable to each lower-tier
subcontractor.
Contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this
section may not be construed to be an obligation of the HSC. An Agreement modification may not be made for
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the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include
any amount for reimbursement for such interest charge.
I. Non-Assignment:
Contractor shall not assign its rights and duties under this Agreement without the prior written consent of HCS
Contract Administrator.
J. Antitrust:
Any perceived anti-trust violation will be reported to the State Attorney General for possible enforcement of anti-
trust laws.
K. Anticollusion/Nondiscrimination Requirements Form:
The attached "Anticollusion/Nondiscrimination Requirements" form, on page 2 of this RFP, shall be executed by
Offeror and is to be submitted with Offeror's Proposal. The requirements set forth on said form shall be
considered to be binding terms and conditions in any contract resulting from this RFP. A contract will not be
awarded to an Offeror who has not signed the anticollusion/nondiscrimination statement.
L. Hold Harmless/Indemnification:
It is understood and agreed that Contractor hereby assumes the entire responsibility and liability for any and all
material damages to persons or property caused by or resulting from or arising out of any act or omission on the
part of Contractor, its subcontractors, agents or employees under or in connection with this Contract or the
performance or failure to perform any work required by this Contract. Contractor agrees to indemnify and hold
harmless HCS and its agents, volunteers, servants, employees and officials from and against any and all claims,
losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified
party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such
damages, real or alleged, (b) the violation of any law applicable to this Contract, and (c) the performance of the
work by Contractor or those for whom Contractor is legally liable. Upon written demand by HCS, Contractor
shall assume and defend at Contractor's sole expense any and all such suits or defense of claims made against
HCS, its agents, volunteers, servants, employees or officials.
M. Notices:
All notices, requests, demands, and elections under this contract, other than routine operational
communications, shall be in writing and shall be deemed to have been duly given on the date when hand-
delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by
courier that has a reliable system for tracking delivery, or six (6) HCSbusiness days after the date of mailing
when mailed by United States mail, certified mail, return receipt requested, postage prepaid. All notices shall be
addressed to the following individuals:
To HCS Contract Administrator as designated in this RFP.
To Contractor: Contractor's Contract Administrator as defined in Contractor's Proposal.
Either party may from time to time change the individual(s) to receive notices and/or its address for notification
purposes by giving the other party written notice as provided above.
N. Non-Performance:
1. Delivery Delays: HCS reserves the right to procure goods and/or services to be provided under this contract
from other sources in the event Contractor fails to deliver such goods and/or service deliverables in
accordance with delivery dates and time frames set forth in this contract.
2. Unacceptable Deliveries (Rejections): Upon notification by HCS that goods and/or service deliverables
provided by the Contractor under this contract are damaged and/or not of the quality specified by HCS, such
goods and/or service deliverables will be rejected. Contractor shall replace such rejected goods and/or
service deliverables immediately or within a reasonable time as determined by HCS.
3. Contractor shall remove all rejected materials, equipment or supplies from the premises of HCS within ten
(10) days of notification. Rejected goods and/or service deliverables not removed from HCS's premises
within ten (10) days will be regarded as abandoned, shall become the property of HCS, and HCS shall have
the right to dispose of such items.
4. HCS reserves the right to authorize immediate purchase from other sources against rejections.
5. Liability: Contractor shall be liable to HCS for all costs incurred by HCS as a result of Contractor's failure to
perform in accordance with the contract. Contractor's liability shall include, but not be limited to:
a. Damages and other delay costs, to include costs to procure goods/services from alternate suppliers.
b. Increased costs of performance, such as extended overhead and increased performance costs resulting
from performance delays caused by Contractor and/or rejections of Contractor's goods and/or service
deliverables.
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