Forensic Legal Audit Services
PURPOSE: The City of Bristol, Virginia is accepting
proposals from qualified, Virginia licensed firms for Forensic Legal Audit
Services related to The Falls development, a capital project, in accordance
with the requirements set forth in the request for proposals. The successful
firm must be independent of the City of Bristol, Virginia in all respects. The
original proposal and five (5) copies must be received by the issuing office by
not later than September 15, 2017 at 2:00 p.m. eastern time. Offerors shall
provide one (1) additional copy with all information considered proprietary
redacted and suitable for public inspection in accordance with Section 2.2-4342
of the Code of Virginia. Proposals must
be sealed, addressed and clearly labeled as follows:
Quesenberry, Procurement Manager
City Hall, Room
300 Lee Street
“Proposal for Forensic Legal
Due date and time – September
15, 2017 at 2:00 p.m.
regarding requirements set forth in the request for proposals must be submitted
in writing to Mr. Randall Eads, Interim City Manager/City Attorney at no later than one (1) week prior to the due
SCOPE: The legal audit team will identify, review and analyze all contracts
associated with all phases of The Falls development, a capital project, going
back to 2010 and prior years if necessary. Pertinent contracts will be reviewed
in conjunction with the financial audit team. The audit shall include but not
be limited to disbursement of funds, development of contracts and incentive
agreements. The City desires an opinion on the potential conflicts of all
contracts and the entities involved with those contracts and whether or not
there would be any civil or criminal liability on any person/entity’s part.
term of the agreement will be for one (1) year with the option to renew for two
(2) additional one (1) year periods, negotiated annually.
NEGOTIATION: The successful firm will be selected by Competitive Negotiation
pursuant to Section 2.2-4302.2.4 of the Virginia Public Procurement Act for
Professional Services – the public body shall engage in individual discussions
with two or more offerors deemed fully qualified, responsible and suitable on
the basis of initial responses and with emphasis on professional competence, to
provide the requested services. Repetitive informal interviews shall be
permissible. The offerors shall be encouraged to elaborate on their
qualifications and performance data or staff expertise pertinent to the
proposed project, as well as alternative concepts. In addition, offerors shall
be informed of any ranking criteria that will be used by the public body in
addition to the review of the professional competence of the offeror. The
Request for Proposal shall not, however, request that offerors furnish
estimates of man-hours or cost for services. At the discussion stage, the
public body may discuss nonbinding estimates of total project costs, including,
but not limited to, life-cycle costing, and where appropriate, nonbinding
estimates of price for services. In accordance with Section 2.2-4342,
proprietary information from competing offerors shall not be disclosed to the
public or to competitors. At the conclusion of discussion, outlined in this
subdivision, on the basis of evaluation factors published in the Request for
Proposal and all information developed in the selection process to this point,
the public body shall select in order of preference two or more offerors whose
professional qualifications and proposed services are deemed most meritorious.
shall then be conducted, beginning with the offeror ranked first. If a contract
satisfactory and advantageous to the public body can be negotiated at a price
considered fair and reasonable, the award shall be made to that offeror.
Otherwise, negotiations with the offeror ranked first shall be formally terminated
and negotiations conducted with the offeror ranked second, and so on until such
a contract can be negotiated at a fair and reasonable price.
for PREPARING PROPOSALS: Please submit a written proposal addresses the
Provide information descriptive of firm’s
qualifications and experience with similar projects.
Discuss the qualifications of key staff to be
assigned to the project.
Provide references of five (5) current or former
clients, to include contact person and telephone number.
Provide proof of financial stability to perform
the requested services.
Firm’s experience with similar projects.
Qualifications and expertise of key staff.
Availability of firm to meet deadlines and
complete the project in a timely manner.
Completeness of proposal.
Nonbinding cost estimates discussed.
DISCRIMINATION, DRUG FREE WORKPLACE, IMMIGRATION LAWS:
an award to provide the requested services the firm must acknowledge, in
writing, compliance with the following provisions of the Virginia Public
2.2-4311 – Employment discrimination by contractor prohibited; required
contract provisions – All public bodies shall include in every contract of more
than $10,000.00 the following provisions:
During the performance of this contract, the
contractor agrees as follows:
The contractor will not discriminate against any
employee or applicant for employment because of race, religion, color, sex,
national origin, age, disability or other basis prohibited by state law
relating to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of the
contractor. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, will
state that such contractor is an equal opportunity employer.
Notices, advertisements and solicitations placed
in accordance with federal law, rule or regulation shall be deemed sufficient
for meeting the requirements of this section.
The contractor shall include the provisions of
the foregoing paragraphs a, b and c in every subcontract or purchase order over
$10,000.00, so that the provisions will be binding upon each subcontractor or
2.2-4312 – Drug-free workplace to be maintained by contractor; required
contract provisions – All public bodies shall include in every contract over
$10,000.00 the following provisions:
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 violation
of such prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of the contractor that the contractor maintains
a drug-free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order over $10,000.00, so that the provisions
will be binding upon each subcontractor or vendor.
For the purposes of this
section, “drug-free workplace” means a site for the performance of work done in
connection with a specific contract awarded to a contractor in accordance with
this chapter, 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.
2.2-4311.1 Compliance with federal, state and local laws and federal
immigration law; required contract provisions.—All public bodies shall provide
in every written contract that the contractor does not, and shall not during
the performance of the contract for goods and services in the Commonwealth,
knowingly employ an unauthorized alien as defined in the federal Immigration
Reform and Control Act of 1986.
successful firm, and any of its subcontractors, shall, at its sole expense,
obtain and maintain during the life of the resulting contract the insurance
policies and/or bonds required. All such policies and/or bonds shall be
effective prior to the beginning of any work under the resultant contract.
Liability: The successful firm is required to carry, at a minimum, a
$1,000,000.00 (one million dollars) professional liability policy and provide
additional coverages as may be described in any resulting contract. In any
case, the City of Bristol, Virginia shall be listed as an additional insured in
The City of
Bristol, Virginia authorizes other municipalities, whether located in the
Commonwealth of Virginia or not, to use the contract resulting from this
procurement transaction. Interested agencies shall deal directly with the firm
selected to provide the requested services.
or proprietary information submitted by the offeror shall not be subject to
public disclosure under the Freedom of Information Act, unless otherwise
required by law or court. However, the offeror must invoke the protection of
Section 2.2-4342(F) of the Code of Virginia, in writing, either before or at
the time the data or other material is submitted. The written notice must
specifically identify the data or materials to be protected and state the
reason why protection is necessary. The proprietary or trade secret material
submitted must be identified by some distinct method such as highlighting or
underlining and must indicate only the specific words, figures or paragraphs
that constitute trade secret or proprietary information. The classification of an
entire proposal document, including any proposal prices as proprietary, or
trade secrets, is NOT ACCEPTABLE and may result in the REJECTION of the
this is a Request for Proposals, no information regarding the proposal records
or the contents of responses will be released except in accordance with Section
2.2-4342 of the Code of Virginia. Once an award has been made, all proposals
will be open to public inspection subject to the provisions set forth above.