1225329_RFP 912-23-002 Temporary Medical Personnel.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF VETERANS SERVICES

101 N 14TH STREET, 17TH FLOOR

RICHMOND, VA 23219

REQUEST FOR PROPOSAL #912-23-002

TITLE: Temporary Medical Personnel

ISSUE DATE: September 15 2022

SEALED PROPOSALS DUE BY: October 18, 2022@3:00 PM EST

Vivian Doobay Procurement Officer II

Telephone: 804-482-8505 Email: vivian.doobay@dvs.virginia.gov

RFP Number: 912-23-002

Issue Date: September 15, 2022

Title: Temporary Medical Personnel

Commodity Number: 91878,94874, 94864, 96269

Issuing/Using Agency: COMMONWEALTH OF VIRGINIA

Department of Veterans Services 101 N 14th Street, 17th Floor Richmond, VA 23219

Location where work will be performed: Department of Veterans Services Care Centers

See Attachment A for details

Preproposal Teleconference: An optional proposal conference will be held. See Section VII for details.

Period of Contract: Two (2) years initial Period of Performance beginning upon final signature execution of the contract document and the contract may be renewed in accordance with Section IX. Paragraph L.

Sealed Proposals will be received until 3:00 p.m. on October 18, 2022 for furnishing the services described herein. All inquiries for information should be directed to: Vivian Doobay at veidawattie.doobay@dvs.virginia.gov

IF PROPOSALS ARE MAILED, SEND DIRECTLY TO THE ISSUING AGENCY SHOWN ABOVE. IF PROPOSALS

ARE HAND DELIVERED, THEN DELIVER TO: VIVIAN DOOBAY AT THE ABOVE ADDRESS.

IN COMPLIANCE WITH THIS REQUEST FOR PROPOSAL AND TO ALL THE CONDITIONS IMPOSED

THEREIN AND HEREBY INCORPORATED BY REFERENCE, THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE SERVICES IN ACCORDANCE WITH THE ATTACHED SIGNED PROPOSAL OR AS MUTUALLY

AGREED UPON BY SUBSEQUENT NEGOTIATION.

Name and address: Date: ____________________________

______________________________ By: ____________________________

(Digital Signature is acceptable) ______________________________ Name: _________________________________ (Typed name) ______________________________ Title: ____________________________ eVA Vendor ID#________________ Phone:___________________________

DSBSD-Certified Small Business No. _________ E-mail:___________________________

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

RFP-23-002

Temporary Medical Personnel

Table of Contents

Section: Page:

I. PURPOSE 4

II. BACKGROUND 4

III. STATEMENT OF NEEDS 4-11

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 11-14

V. EVULATION AND AWARD CRITERIA 14

VI. REPORTING AND DELIVERY REQUIREMENTS 15

VII. PREPROPOSAL CONFERENCE 15

VIII. GENERAL TERMS AND CONDTIONS 15-24

IX. SPECIAL TERMS AND CONDITIONS 24-28

X. METHOD OF PAYMENT 28

XI. PRICING SCHEDULE 29-31

XII. ATTACHMENTS 31-38

I. PURPOSE:

The purpose and intent of this Request for Proposal (RFP) is to solicit sealed proposals, from one or more qualified suppliers to provide Temporary Healthcare Worker Services, on an as needed basis to the facilities listed in Attachment A.

II. BACKGROUND:

The Virginia Department of Veterans Services (DVS) Veterans Care Centers provide affordable, long-term skilled nursing care, Alzheimer’s/memory care, and short-term rehabilitative care for Virginia’s veterans. The Veterans Care Centers are first-class facilities designed to enhance quality of life with a clean, caring, and dignified setting appropriate for those men and women who have served our country with honor.

III. STATEMENT OF NEEDS:

A. Healthcare Employees: The contractor shall provide temporary employees for the following positions listed below.

1. Register Nurse (RN)

2. Licensed Practical Nurse (LPN)

3. Certified Nursing Assistant (CNA)

1. Registered Nurse: Shall have and maintain a license as a Registered Nurse in the

Commonwealth of Virginia and shall perform all duties within facility policy. The RN shall:

a. Daily Rounds: Observes and evaluates the physical and emotional status of all residents and takes necessary action. Assesses residents for physician and specialist needs.

Consults with physicians. Receives records and implements orders as required or schedules appointments as directed. Makes rounds with physicians when necessary.

b. Supervision: Monitors/supervises direct care staff in performance of health related duties. Consults with Nursing Supervisors/Unit Managers on issues when necessary.

c. Paperwork: Completes all required paperwork associated with the position as required, to include, but not limited to, incident/accident reports, charting, referrals, admissions, medication, reports to on-coming staff, charting of medication/treatments.

d. Medication and Treatments: Verifies medications from pharmacy for accuracy and notifies supervisor of discrepancies or questions. Prepares and administers medication and treatments according to facility policy and procedures, and in accordance with Nursing Standards of Practice. Responsible for medications and equipment on the unit and maintains a neat and orderly work area. Monitors supplies of necessary materials for nursing care and informs Central Supply or Nursing Supervisor of needs.

e. Documentation: Documents resident health changes via acute care nurse’s notes and shift change nursing report sheet.

f. In-House Activities: Assists with in-house activities as nursing schedule permits.

Informs staff when residents cannot participate in activities and when they can resume activities.

g. Safety and Cleanliness: Ensures that proper safety measures for residents and personnel are followed and that residents are clean and well groomed. Reports problems to the Unit Manager or Nursing Supervisor. Monitors the cleanliness and working order of resident items such as dentures, glasses and hearing aids. Reports needed repairs to appropriate staff. Report personal injuries to the supervisor.

h. Other Duties: May be required to assist Veteran Care Center or state government generally in the event of an emergency declaration by the Governor.

2. Licensed Practical Nurse: Shall have and maintain a license as a Practical Nurse in the Commonwealth of Virginia and shall perform all duties within facility policy. The LPN shall:

a. Daily Rounds: Observes and evaluates the physical and emotional status of all residents and takes necessary action. Assesses residents for physician and specialist needs.

Consults with physicians. Receives records and implements orders as required or schedules appointments as directed. Makes rounds with physicians when necessary.

b. Supervision: Monitors/supervises direct care staff in performance of health related duties. Consults with Nursing Supervisors/Unit Managers on issues when necessary.

c. Paperwork: Completes all required paperwork associated with the position as required, to include, but not limited to, incident/accident reports, charting, referrals, admissions, medication, reports to on-coming staff, charting of medication/treatments.

d. Medication and Treatments: Verifies medications from pharmacy for accuracy and notifies supervisor of discrepancies or questions. Prepares and administers medication and treatments according to facility policy and procedures, and in accordance with Nursing Standards of Practice. Responsible for medications and equipment on the unit and maintains a neat and orderly work area. Monitors supplies of necessary materials for nursing care and informs Central Supply or Nursing Supervisor of needs.

e. Documentation: Documents resident health changes via acute care nurse’s notes and shift change nursing report sheet.

f. In-House Activities: Assists with in-house activities as nursing schedule permits.

Informs staff when residents cannot participate in activities and when they can resume activities.

g. Safety and Cleanliness: Ensures that proper safety measures for residents and personnel are followed and that residents are clean and well groomed. Reports problems to the Unit Manager or Nursing Supervisor. Monitors the cleanliness and working order of resident items such as dentures, glasses and hearing aids. Reports needed repairs to appropriate staff. Report personal injuries to the supervisor.

h. Other Duties: May be required to assist DVS or state government generally in the event of an emergency declaration by the Governor.

3. Certified Nursing Assistant: Shall have and maintain a license as a Certified Nurse Assistant in the Commonwealth of Virginia and shall perform all duties within facility policy

a. Provides resident care, including assisting residents with daily ADL care. Ensures residents’ ADL needs are addressed per resident requirement and schedule. ADL care includes residents’ surroundings.

b. Follows residents’ plans of care and ADL records. Documents care provided.

c. Assists residents with toileting as necessary. Follows policies and procedures regarding incontinent care.

d. Makes regular rounds to all residents and provides necessary care. Answers call lights promptly and courteously and provides necessary care. Documents care provided in residents’ ADL books. Performs resident rounds at least every two (2) hours.

e. Observes and reports unusual symptoms, changes, incidents and accidents to the Charge

Nurse immediately. Monitors and observes residents’ physical, mental and emotional parameters, and reports any changes to the charge nurse. Report personal injuries to the supervisor.

f. Follows established cleaning schedules for drawers, closets, supply rooms and clean and dirty utility rooms. Performs additional tasks as assigned by Charge Nurse.

g. Encourages and assists the residents to attend all therapies and programs ordered by the attending physician. May be required to become involved in residents’ plans of care to include recreational activity participation.

h. Performs other duties as assigned including assisting DVS or state government generally in the event of an emergency declaration by the Governor.

B. Healthcare Employees Education & Experience: All Contractor-provided temporary employees must possess the appropriate credentials, licensure and/or certifications required by the Commonwealth of Virginia and meet quality standards described herein. All such credentials shall be provided to DVS upon request. Contractor(s) shall be required to maintain and update all required licensure and certifications and provide evidence of updates to DVS upon request

1. Registered Nurses (RN’s) and Licensed Practical Nurses (LPN’s) shall have a minimum of one

(1) year experience as an RN or LPN with valid and unencumbered licenses, current CPR Certifications

2. Certified Nursing Assistants (CNA’s) with a minimum of six (6) months experience as a licensed CNA with valid and unencumbered licenses, current CPR certifications

C. General Requirements for all Healthcare Employees: each employee shall:

1. Tested negative for PPD/chest x-rays

2. Report to assignment dressed appropriately and with proper equipment as required including

Name Badge.

3. Provide transportation to and from specified DVS locations.

4. Be available for the entire shift.

5. Speak, understand, read, and write the English language fluently.

6. Be able to effectively use and operate standard office equipment (e.g fax machines, copiers, phone systems, computer)

7. Participate in Disaster Drills and Emergency Training for Agency Emergency Preparedness activities.

8. Be familiar with Electronic Health Record (EHR) system an Computerized Physician Order

Entry (CPOE)

D. Contractor Requirements and Responsibilities:

1. Staffing and Personnel: The Contractor Shall:

a. Explain the position and duties to the temporary employee.

b. Be required to comply with applicable Federal, State and Industry employee practices.

c. Be responsible for all employee’s payroll taxes, vacation leave, sick leave, and other type of leave, worker’s compensation, payroll reports, applicable insurance and other Federal and State mandatory requirements.

d. Ensure all employees assigned to the contract has a W-4 form on file with the Contractor

e. Ensure all employees are properly trained and qualified to perform the services.

f. Ensure the employee has First Aid and CPR certifications before assigning them to provide services. The Contractor shall keep a current record of all employees’ certifications and the expiration dates. If the employees’ certification expires, it shall be the Contractor’s responsibility to ensure the employee recertifies in order to continue providing the services. If the employee does not recertify, the Purchasing Agency reserves the right to request that the employee be removed from providing services; either permanently or until he/she recertifies.

g. Be responsible for monitoring and authorizing their employee’s vacation leave, sick leave, and other type of leave.

h. Be responsible for obtaining all rules, regulations, policies, etc. from the Purchasing Agency and provide the information to the temporary employees.

i. The Contractor(s) shall make available Hepatitis B vaccines to all personnel working directly with DVS as per current OSHA regulations and shall ensure all personnel assigned to DVS are given adequate safety and health training rules within all current and applicable OSHA regulations.

j. Ensure the staff that is provided under this contract will report for duty as agreed and required. In the event a scheduled temporary employee cannot and/or does not report has arranged by the Contractor, the Contractor will make provisions and communicate with DVS to provide another temporary employee.

k. The Contractor(s) shall ensure all personnel assigned to DVS have been tested for tuberculosis. A copy of the negative PPD/chest x-ray results shall be on file with the Contractor(s) for each individual prior to the employee beginning work involving direct resident contact. All tests shall be maintained and updated on an annual basis.

l. Contractor shall report any abuse or misconduct, as defined by state statute, involving temporary employees to the Board of Nursing and/or other authorities as required.

m. Contractor must have an established physical location within one hundred (100) miles of DVS locations. See Attachment A

2. Badges/Name Tags: The Contractor may furnish employees with nametags. If so, nametags shall include Contractor’s name and the employee’s name and photo. Nametags shall be worn and shall be visible at all times.

The Purchasing Agency may provide employees with a facility key(s) and/or facility badge with the employee’s name and photo. All keys and badges provided by the Purchasing Agency shall be returned to the Purchasing Agency on the last day of employment with DVS. If the key or badge is not returned to the Purchasing Agency, the Purchasing Agency reserves the right to invoice the Contractor for the replacement cost of the key or badge.

3. Screening Requirements: The Contractor shall conduct the following checks:

a. Criminal history background check and/or a fingerprint-based criminal history check through the Virginia State Police on all potential employees before being assigned to provide services to the Purchasing Agency. The Purchasing Agency reserves the right to request which type of check shall be conducted on the employee.

(i) The Contractor shall be responsible for all costs associated with the background check and the criminal history check.

(ii) The Contractor shall provide a current background and criminal history check on an employee for all new assignments if requested by the Purchasing Agency.

(iii) The background and criminal history check must identify all felony burglary, breaking and entering, robbery, theft, larceny and sexual offense charges from the employee’s eighteenth birthday until present time.

(iv) The background and criminal history check must identify all forgery; fraud; assault and battery; weapons violation; and possession, distribution, sale or delivery of a controlled substance charges for the past five (5) years.

(v) The background and criminal history check must identify all DUI/DWI charges for the past five (5) years if the position requires operation of a COV-owned vehicle.

b. A current drug-screening check at the discretion of the Purchasing Agency. The Purchasing

Agency will immediately remove any employee who fails the drug screening.

c. Employee Verifications: DVS reserves the right to conduct and inspect reference checks, background investigations and criminal history checks on any potential employee assigned to work at the DVS. These employees verification information may be retained by DVS discretion.

d. Inform the employee that if he/she fails any of the aforementioned checks, he/she may no longer be eligible for any assignments. The Purchasing Agency reserves the right to request the employee in future, if he/she is able to successfully pass any of the aforementioned checks. These employee verifications may be retained by DVS.

E. DVS Right of Refusal: The Purchasing Agency will have the right at anytime to refuse any temporary employee provided by the Contractor(s) for any job related deficiency. In accordance with Equal Opportunity Employee Guidelines, refusal of any temporary employee will not be based on race, color, religion, sex, sexual orientation, age, national origin, disability or political affiliation. The rejected temporary employee will be immediately removed. Refusal to utilize a Contractor(s)’ employee shall not relieve the Contractor from any requirements herein.

Contractor(s) shall maintain a listing of the temporary employees refused and/or coded as “do not use”. DVS will refuse all names on the refusal listing.

F. COVID Requirements: The Contract shall comply with Centers for Medicare & Medicaid Services (CMS) vaccine requirements, at all time, while working at facilities https://www.cms.gov/About-CMS/Agency-Information/Emergency/EPRO/Current- Emergencies/Current-Emergencies-page

G. Purchasing Agency Authorized Employee: After the contract award, each facility will have an authorized employee who will be contact person for the Contractor and the temporary employee.

H. Direct Hires: The Purchasing Agency reserves the right to hire a contract employee as a COV employee. The Contractor shall not charge the Purchasing Agency any associate fees.

I. Working Hours and Overtime:

Due to varying staffing needs, volume requested per Contractor will fluctuate.

1. Request for Service Engagement: The Contractor shall designate at least one (1) Point of

Contact (POC) and at least one (1) backup. The POC shall be the Purchasing Agency’s designated contact for the Purchasing Agency to communicate with about the position(s) needed. The POC shall also handle and assist with all inquiries, including but not limited to scheduling, billing, availability of temporary employees, compliance requirements and problems solving. The POC shall be available via email and telephone from 8:00AM to 6:00 PM, local prevailing time Monday- Friday.

2. Billed Hours Determination: The Contractor(s) shall invoice agency by the hour or tenth of an hour per the following table:

Tenths of an Hour Conversion Table

Minutes Worked From Minutes Worked To Reporting Increment

Zero (0) minutes Less than three (3) minutes Disregard Three (3) minutes Less than nine (9) minutes One tenth (1/10) of an hour Nine (9) minutes Less than fifteen (15) minutes Two tenths (2/10) of an hour Fifteen (15) minutes Less than twenty one (21) minutes Three tenths (3/10) of an hour Twenty one (21) minutes Less than twenty seven (27) minutes Four tenths (4/10) of an hour Twenty seven (27) minutes Less than thirty three (33) minutes Five tenths (5/10) of an hour https://www.cms.gov/About-CMS/Agency-Information/Emergency/EPRO/Current-Emergencies/Current-Emergencies-page https://www.cms.gov/About-CMS/Agency-Information/Emergency/EPRO/Current-Emergencies/Current-Emergencies-page

Thirty three (33) minutes Less than thirty nine (39) minutes Six tenths (6/10) of an hour Thirty nine (39) minutes Less than forty five (45) minutes Seven tenths (7/10) of an hour Forty five (45) minutes Less than fifty one (51) minutes Eight tenths (8/10) of an hour Fifty one (51) minutes Less than fifty seven (57) minutes Nine tenths (9/10) of an hour Fifty seven (57) minutes Less than sixty (60) minutes One (1) hour

3. Time Sheet Usage: The Contractor(s) shall supply all temporary personnel with timesheets.

All hours worked each week shall be detailed on the timesheet, and must be signed on a daily basis by DVS’s Nursing Supervisor, or the designated DVS point(s) of contact, to be considered valid for payment. Timesheets are to be signed at the end of the scheduled shift.

Copies of the temporary employee(s) timesheet(s) shall accompany each invoice for services provided.

4. Work Requirements:

a. Hours of Service: The standard working hours are as follows:

i. Shift One (1) 7 a.m. to 3:30 p.m.

ii. Shift Two (2) – 3 p.m. to 11:30 p.m.

iii. Shift Three (3) – 11:00 p.m. to 7:30 a.m.

These working hours also apply to weekends and holidays. A weekend is considered to begin at 11:00 p.m. Friday night and end at 7:30 a.m. Monday morning. A typical work week is considered to begin on Sunday and end on Saturday.

b. Overtime and Holiday Calculations: Contractor(s) shall not schedule temporary personnel for overtime. Overtime must be specifically approved by the contract administrator and shall occur only in emergency situations. Overtime shall require a separate purchase order and will be billed separately from this contract. Overtime shall be defined as hours worked during the period of one week (Sunday to Saturday) in excess of forty (40) hours per week. A work week begins at 12:01 a.m. on Sunday. Overtime pay in the amount equal of one and one half (1.5) times the employee’s regular hourly rate shall be paid for any hours worked during any of the following major holidays, which for the purposes of this RFP and any contracts that may result from this RFP, are defined as: New Years Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day and Christmas Day, regardless of the number of hours the temporary employee has worked in the defined work week.

c. Meal and Break Periods: Meal periods will be thirty (30) minutes per shift worked.

Two (2) scheduled fifteen (15) minute break periods are allowed per shift worked. No payments will be made for meal and/or break periods unless DVS requires the temporary employee to remain on assignment without the break. Meal periods and break periods may not be combined.

d. Contractual Transition: The Contractor(s) may be required to coordinate the transition of existing temporary personnel from the previous Contractor in order to provide a seamless transition with no loss of time or administrative burden to DVS. The use of existing staff from previous contractual agreements may be extended by the Commonwealth for up to thirty (30) days in order to ensure a seamless transition.

e. Placement Fees: The Contractor(s) shall not charge DVS placement fees or agency fees if a temporary employee submits an application for employment and is selected for employment with DVS through a competitive selection process. The temporary employee shall give the Contractor a two (2) week notice prior to being employed by

DVS.

f. DVS will pay for hours worked only. In the event staff is not needed and are sent home prior to the end of their scheduled shift, payment will be made only for the exact hours worked.

g. DVS Cancellation Requests: Contractor(s) will be given a two (2) hour notice of cancellation of a staffing request. Should the DVS fail to cancel the request in the designated time, DVS agrees to pay an administrative fee. (See Section X, page ____, Pricing Schedule.)

h. The Contractor(s) contacted by DVS will be given a two (2) hour time frame to fill the emergency request. In the event a Contractor is unable to fill the job request, DVS may cancel the request and place the request with other Contractors. In the event that all Contractors awarded a contract are unable to fill the request, The Department of Veteran’s Care Center reserves the right to fill the requirement from other qualified sources.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL INSTRUCTIONS:

RFP RESPONSE:

1. Paper response: In order to be considered for selection, the Offeror must submit a complete response to this RFP. One (1) original and three (3) copies of the proposal and all required forms shall be submitted to the Purchasing Agency. If the proposal contains proprietary information, the Offeror must also submit Attachment E and one (1) copy with the proprietary information redacted.

Or

2. Electronic Response in eVA: In order to be considered for selection, Offerors must submit a complete response to this RFP. One (1) complete proposal and all required forms and attachments must be uploaded to eVA prior to the stated deadline. If the proposal contains proprietary information, the Offeror must also submit Attachment E and one (1) electronic copy with proprietary information redacted.

Note: eVA will not allow an Offeror to upload documents after the stated deadline. Any submission partially uploaded at the time and date of the deadline is considered to be incomplete. Offerors should allow sufficient time to account for any technical difficulties they may encounter. In the event an Offeror experiences any technical difficulties directly related to the eVA system, the Offeror shall contact eVA Customer Care for instructions and/or assistance. eVA Customer Care is available from 8:00 AM to 4:30 PM, Monday through Friday. The Offeror can reach eVA Customer care by telephone at 866-289-7367 or by email at eVACustomerCare@DGS.Virginia.gov.

B. PROPOSAL PREPARATION:

1. Responsiveness: Proposals shall be signed by the Offeror. Failure to submit all information requested may result in the issuing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the issuing agency.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. Content: Proposals shall be prepared simply and economically providing a straight-forward, concise description of capabilities to satisfy the requirements of the RFP.

Emphasis should be on completeness and clarity of content.

3. Organization: Ownership of all data, materials and documentation originated and prepared for the State of Virginia (State/Commonwealth) pursuant to the RFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of # 11-52D 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 reasons 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, line item prices, and/or total proposal prices as proprietor or trade secrets are not acceptable and will result in rejection of the proposal.

4. Binding: Each copy of the proposal should be stapled in the upper left hand corner.

C. ORAL PRESENTATIONS: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the issuing agency. This will provide an opportunity for the Offeror to clarify or elaborate on the proposal but will in no way change the original proposal. The issuing agency will schedule the time and location of these presentations.

Oral presentations are an option of the issuing agency.

D. IDENTIFICATION OF PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope of package, sealed and identified as follows:

mailto:eVACustomerCare@DGS.Virginia.gov

From: __________________ October 18,2022 3:00 P.M.

Name of Contractor Due Date Time

_______________________ 912-23-002 Street or Box Number RFP No.

_______________________ Temporary Medical Personnel City, State, Zip Code RFP Title

Name of Contract Officer: Vivian Doobay

The envelope should be addressed and sent to the Issuing/Using Agency identified on Page 2 of the RFP to the Attention of Vivian Doobay. If the envelope is not addressed correctly, the Offeror risks the possibility of the package being inadvertently opened and the information compromised which may cause the proposal to be disqualified. Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposal should be placed in the envelope.

E. SPECIFIC REQUIREMENTS: Offerors are required to submit the following items complete proposal.

1. Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

2. Attachments:

a. Vendor Data Sheet (Attachment B)

b. State Corporation Commission Form (Attachment C)

c. Small Business Subcontracting Plan (Attachment D)

d. Proprietary/Confidential Information Identification (Attachment E)

3. Qualifications and Experience of Offerors:

Describe your firm’s organizational structure, background, experience, and qualification related to this type of service that should include, but not be limited to, the following:

a. Demonstrated Knowledge and Experience:

i. Describe specialized experience in the type of services required in the Statement of Needs, along with demonstrated knowledge and experience as in the services and procedures outline herein.

ii. Describe your firm’s experience implementing and maintaining a similar service and providing these services described herein for other identified clients of the same industry (public sector/government) or comparable size or larger. Provide a list of at least three (3) current or recent clients you have provided services in the past (Attachment B Vendor Data Sheet). For each, provide the name of the client entity and a current contact name with telephone number and email address.

iii. Describe your billing procedures and include examples from other public sector/government or comparable size or larger.

iv. Describe your firm’s background, experience, and qualifications related to this type of service, that should include, but no t limited to the following:

(a) Your firm’s background, company history, locations, including the principals and their background. Please detail the ownership structure and other relevant information regarding the firm (not to exceed two (2) pages.)

(b) Please make any disclosures about any pending legal proceedings or business litigation against your firm, any officer, or principal. If so, please provide an explanation and indicate the current status or disposition (not to exceed two

(2) pages.)

(c) Describe the level of insurance coverage or professional liability insurance your firm carries. If you are a public company, please provide a current audited annual report.

4. Specific and detailed plans for providing the services.

Offerors shall submit a comprehensive proposal that convincingly and realistically depicts all of their capabilities, qualifications, resources, plans, and processes, which can successfully enable the fulfillment all of requirements depicted in Section III, entitled “Statement of Needs.”

5. Pricing Schedule: Pricing Schedule reflected in Section XI.

V. EVULATION AND AWARD CRITERIA

A. EVALUATION: Proposals shall be evaluated by DVS using the following criteria. The criteria are not necessarily given below in priority order.

Item Criteria Maximum Point Value 1 Qualification and Experience 35 2 Plans for Providing Services 25 3 Price 20 4 Small Business Sub-contracting Plan (SWAM)

NOTE: A DSBSD certified small business who serves as a prime vendor will receive full credit for small business utilization. Other businesses will receive credit based on their proposed Small Business Subcontracting Plan.

Total 100

B. AWARD TO MULTIPLE OFFERORS: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for

Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth 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. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VI. REPORTING AND DELIVERY REQUIREMENTS

A. Prime Contractor Subcontractor Reporting: Each prime contractor shall furnish, monthly, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan via the Subcontractor payment tool available through the contractor’s eVA account.

VII. PREPROPOSAL CONFERENCE

OPTIONAL PREPROPOSAL TELECONFERENCE: An optional pre-proposal teleconference will be held at 10 AM., EST on September 27, 2022 specified on the cover sheet through Google Meet. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

This teleconference can be accessed using either of the following:

Join with Google meet Meeting ID meet.google.com/rmd-hmzs-vjg

Join by phone

2443-728-(US) +1 413 PIN: 208 471 705#

While participation at this conference is not a prerequisite to submitting an proposal, Contractors who intend to submit an proposal are encouraged to participate and have a copy of the RFP available during the conference. Unauthorized contact with other DVS staff regarding this RFP may result in disqualification of the proposals submission.

After the pre-proposal conference, however, all additional questions must be submitted in writing to Vivian Doobay, Vivian.doobay@dss.virignia.gov

VIII. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of

Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section

7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the

Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2- 4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

(Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, 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, will 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.

http://www.eva.virginia.gov/

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies 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.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs

AND RFPs : Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS

AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor.