156-27-009 Elevator &WCL Maint & Repair DTC FORM FILLABLE.pdf

156-27-009 Elevator and Wheelchair Lift Maintenance & Repair Services

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF STATE POLICE

Unsealed Invitation for Bid (UIFB)

UIFB#: 156-27-009

Title: Elevator and Wheelchair Lift Maintenance & Repair Services- DTC Blackstone

Commodity Code: 91013- Elevator Installation, Maintenance and Repair

Issuing Agency: Department of Virginia State Police PO Box 27472; ATTN: Tina Burke / Procurement Richmond, VA 23261-7472

Period Of Performance: From Date of Award for a period of (1) one year (Renewable)

Unsealed Bids Received Until: 11:00 AM, EST. on Thursday, July 23, 2026, for furnishing the services described herein.

Mandatory Site Visit: A SITE VISIT IS REQUIRED. Site visits are scheduled BY APPOINTMENT ONLY.

See Section III. MANDATORY SITE VISIT (page 10) for more details. DO NOT

SUBMIT YOUR RESPONSE WITHOUT THE COMPLETED, VERIFIED, AND

SIGNED MANDATORY SITE VISIT FORM.

All Inquiries for Information Should Be Directed to: Tina Burke at tina.burke@vsp.virginia.gov

In compliance with this Unsealed Invitation for Bids (UIFB) and all conditions imposed in this UIFB, the undersigned firm hereby offers and agrees to furnish all goods and/or services required by this UIFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

eVA Vendor ID or DUNS #:

Business Name Business/Office Phone Number

Address (line 1) Mobile Number

Address (line 2) Fax Number

City, State, and Zip Code Email Address

Signature (In Ink) Date

Printed Name Title

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, status of a military family, 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.

Important Information/Bid Requirements

1. Any bid which does not include pricing for every item/line requested shall be deemed nonresponsive. Entering “N/A” or a blank line-item bid price shall be considered nonresponsive.

2. For the purpose of this solicitation, each firm receiving this UIFB is referred to as the “Bidder” and the Bidder awarded the contract to supply the goods is referred to as a “Contractor or “Supplier”. The Virginia State Police, is hereinafter known as “the purchasing agency”, “VSP”, “Owner “, and/or the “Department.”

3. Required Forms/Documents

a. All bidders must include the following items attached to their eVA Bid:

i. Attachment A - Vendor Data Sheet

ii. Attachment B – State Corporation Commission (SCC) form

iii. Attachment F – Certification of Site Visit

iv. Acknowledgement of any/all addendum(s)

If these forms are not completed in full and submitted as specified herein, the bid may be found non-responsive.

4. Bid Submission- Electronic Preferred

It is the responsibility of the bidder to ensure that its bid(s) is/are delivered to the correct delivery address/location by the due date and time. VSP is not responsible for any bid(s) not delivered by the due date and time. Late bids will not be opened and will be retained unopened in the procurement file.

a. Electronic Bid Submission – Preferred Method

i. Electronic bid submission, with required documents attached, is preferred and strongly encouraged. Bidders must be registered in eVA in order to submit an electronic or paper bid. The following provides information/instruction on reviewing and responding to solicitations in the new eVA platform:

1. Go to https://eva.virginia.gov

2. Click on “I Sell To Virginia”;

3. Click on “eVA Supplier Training”; and

4. Click on “Viewing and Responding to Solicitations Video”.

ii. If a Bidder requires assistance submitting an electronic response, the Bidder should contact eVA Customer Care at eVACustomerCare@dgs.virginia.gov sufficiently prior to the closing date and time to allow for error(s).

iii. If this is your first time submitting an electronic bid, it is strongly suggested that you click on the eVA training module(s). You are encouraged to do this in advance of the required submission time for possible assistance from eVA customer care.

b. Paper Bid Submission Address/Instructions

i. Express Delivery Service: Bidder shall send their bid to:

Virginia Department of State Police, Property & Finance Division, Attn: Tina Burke, Procurement Office, UIFB # 156-27-009 7700 Midlothian Turnpike, N. Chesterfield, VA 23235-5226

Bidders must allow ample time for processing and delivery.

ii. U.S. Postal Service: Bidder shall mail their bid to:

Virginia Department of State Police, Property & Finance Division, Attn: Tina Burke, Procurement Office, UIFB # 156-27-009 P.O. Box 27472 Richmond, VA 23261-7472

Bidders must allow ample time for processing and delivery.

iii. Hand-Delivered/Courier: Bidder shall hand deliver their bid to:

Virginia Department of State Police, Procurement Office, Berkley Building Attn: Tina Burke, Procurement Office, UIFB # 156-27-009 7700 Midlothian Turnpike, N. Chesterfield, VA 23235-5226

Bidders must allow ample time to deliver their bid to VSP’s receptionist. This area/window is used by the general public for many services that are provided by VSP, and there is sometimes a line waiting for the receptionist. VSP is not responsible for any bidders who are in line but have not gotten to the receptionist’s window by the due date and time, and any such bids are considered late and will not be considered.

5. Public Bid Opening: None

Table of Contents

Section Page

I. PURPOSE 5

II. SCOPE OF WORK/ SPECIFICATIONS 5

III. MANDATORY SITE VISIT 10

IV. GENERAL TERMS AND CONDITIONS 11

V. SPECIAL TERMS AND CONDITIONS 20

VI. METHOD OF PAYMENT 25

VII. PRICING SCHEUDLE 26

VIII. ATTACHMENTS 26

• Attachment A- State Corporation Commission Form 27

• Attachment B- Vendor Data Sheet 28

• Attachment C- Certification of Site Visit 29

I. PURPOSE:

The purpose of this Unsealed Invitation For Bids (UIFB) is to establish a contract with one (1) qualified bidder to provide full maintenance and repair services for the elevator and wheelchair lift mechanical equipment and associated electrical and controls located at Virginia State Police (VSP) Driver Training Complex (DTC) located at 1875 Ridge Road, Blackstone, VA 23824, per the specifications, terms, and conditions listed herein. This solicitation will be awarded on a grand total basis (see award clause for further information.)

II. SCOPE OF WORK / SPECIFICATIONS:

A. The contractor shall provide preventative maintenance services and on-call repairs to all make(s) and model(s) of elevator(s) and the wheelchair lift (WCL) at this VSP location. All work shall be completed in accordance with published industry standards and applicable codes by qualified personnel trained/certified for the equipment. The resulting contract(s) shall not be for the replacement of elevators.

B. Within 30 days after award, the contractor shall provide to the VSP Contract Officer a complete and detailed listing of all equipment covered by the contract.

C. General Requirements:

1. The contractor shall furnish all material, labor, supervision, tools, supplies, equipment, and incidentals necessary to provide examination and lubrication services, on-call repair services, adjustments, tests, parts replacement, and any repairs necessary to keep the elevator(s) and WCL in continuous use at the performance ability (speed, capacity, safety, and efficiency) originally specified by the equipment manufacturer. All tests, inspections, and maintenance shall be performed as recommended by the Uniform Statewide Building Code. The contractor shall use new manufacturer's parts and manufacturer's recommended lubricants.

2. All repairs (on-call, minor, and major) shall be performed on a Time & Materials basis, at the hourly rate(s) listed in the contract, with materials provided at cost. The contractor’s paid invoices for materials shall be submitted with invoices to VSP for materials.

3. The contractor shall provide an on–call phone number to VSP that will enable 24-hour service, 365 days a year.

4. The contractor shall obtain and maintain all necessary licenses and/or permits required to perform work under this contract.

5. The contractor shall provide fully trained personnel, personnel that hold a current journeyman's or permanent mechanic license and possess at least four (4) of the last six (6) years’ experience in the operation and maintenance of the similar equipment as found at this VSP location. Employees shall be licensed to work in the Commonwealth of Virginia.

Bidders shall furnish technicians' experience information upon request. VSP reserves the right to reject service personnel whom, in VSP’s sole discretion, are not adequately qualified to perform the work.

6. Throughout the life of the contract, the contractor shall have and maintain all diagnostic equipment and an adequate supply of spare parts necessary to fully maintain, test, repair, adjust, or reprogram the system for the elevator and WCL.

7. The contractor shall be responsible for maintaining all items presently installed on elevator(s) and WCL.

8. Except for emergency service, the contractor shall perform all work during regular working hours on regular working days, which are 8:00 A.M. to 5:00 P.M. Monday-Friday except State holidays.

9. Monthly preventive maintenance work shall be performed between the first and fifteenth day of each month and should be scheduled with the VSP facility in advance.

10. The contractor shall immediately notify the facility in writing of the existence or development of any defects in, or repairs required to, the equipment covered under the contract which the contractor considers are not his responsibility, and shall furnish a written estimate, when requested, of the cost. Final determination of responsibility shall be made by VSP.

11. The contractor shall be responsible for all incidental charges including, but not limited to, parking, tolls, mileage, phone calls, truck charges, vehicle fuel and surcharges, etc. VSP will not pay for any such charges.

12. The contractor shall correct equipment malfunctions the same day that the service call was issued. If circumstances preclude resolution of the problem that day, the facility must be notified with an explanation of the delay.

13. No shutdown or breakdown should last longer than one (1) working day (8 working hours), from initial notification to the contractor, without prior approval of the facility representative. The contractor shall notify the facility of any delay within one (1) hour of determination, along with action being taken to resolve the issue(s).

14. The contractor shall be responsible for ensuring that all materials used comply with all applicable laws, ordinances, rules, regulations, and codes, and are compatible with pre-existing materials and equipment.

D. Monthly Preventative Maintenance:

1. "Monthly Preventative Maintenance" service, as used in this contract, shall consist of a regular monthly program of examination, lubrication, adjustments and cleaning of the elevators, WCL, and their related equipment, including but not limited to:

a) Clean and lubricate the hydraulic power unit, motor, controller, interlocks and limit switches.

b) Make minor adjustments, as required on the listed equipment during each scheduled examination.

c) Lubricate all bearings and guides.

d) Check all relays, contactors, wiring connections and electrical equipment, clean and adjust as necessary.

e) Furnish all lubricants, hydraulic fluid, cleaning fluids, and wiping cloths. Check oil in oil basin and fill as needed.

f) The contractor shall run the elevator to all floors and the WCL across its entire span, to ensure proper operation.

g) Perform minor repairs which do not meet the criteria for Major Repairs (defined below) on a time and material basis. The contractor's employee must obtain facility verbal authorization to perform these repairs prior to proceeding.

h) Upon completing an examination and lubrication service, contractor shall submit to the Owner, a completed checklist which shall reflect all the specific actions and services performed by the contractor's employees during that service. The checklist shall provide sufficient room next to each item to allow the contractor's employee to make any comments necessary, such as amount of fluid installed or adjustment made. Space shall be provided at the bottom of the form or as an attached sheet where the contractor's employee shall report any condition which may require major repair as defined in this contract. A web-based reporting program is not acceptable for this function.

2. Within five (5) days of the award of the contract, the contractor shall begin routine examination and lubrication service on all equipment. A schedule shall be submitted to the VSP Contract Administrator (CA), listing the anticipated dates each examination and lubrication service is to be performed for each piece of equipment. Twenty-four (24) hour notice prior to routine examination is required. A web-based reporting program is not acceptable for this function.

E. Repairs of System other than Preventative Maintenance:

1. The following requirements apply to repair of systems other than preventative maintenance listed above in Section 2.D:

a) The contractor shall prepare and submit to the VSP Contract Administrator, a written estimate of the labor and materials for approval, which shall be required to perform repairs. Such repairs shall be made only with VSP’s written authorization. The estimates prepared for repairs shall utilize the same hourly rates listed in the contract with materials shown at the contractor’s actual costs. VSP reserves the right to request the contractor’s paid invoices for materials used for repairs.

b) VSP reserves the right to make or obtain other repair estimates prior to authorizing the contractor to proceed in order to comply with requirements of State regulations to determine price reasonableness. If the cost or hours estimated is considered not to be reasonable, the contractor shall be asked to review their estimate and resubmit. If the revised estimate is still considered unreasonable, VSP reserves the right to obtain the repairs from another source.

c) The contractor shall maintain responsibility for examination and lubrication of any elevator or WCL having had repair work performed by another vendor.

d) VSP reserves the right to have a survey conducted of the condition of its elevators or WCL at any time during the period of the contract. This survey shall be conducted by the facility independent inspection contractor. Any deficiencies noted during such a survey shall be corrected by the contractor within ten days of receipt of a written report from the inspection contractor. Any deficiencies which are determined by the facility to be the result of the contractor's failure to perform examination and lubrication services shall be corrected at no cost to the facility. All other deficiencies shall be corrected on a time and materials basis.

Note: Replacement elevators and wheelchairs lifts do not fall within the scope of this contract.

F. Working Hours for Repairs:

1. Normal work hours for the VSP facilities are from 8:00 A.M. to 5:00 P.M., Monday through Friday, except State holidays as decreed by the Governor. All examination and lubrication services shall be performed during normal working hours.

2. In the event of an equipment failure or malfunction, the contractor shall provide on-call repair service within three (3) hours of notification.

3. Delaying response to a service call until after 2:00 P.M. to garner overtime is not acceptable. Repeated responses of this nature constitute sufficient reason to be found in default of the requirements of the contract and could end in termination of the contract (reference section V.P, below).

4. Failure or malfunction of an elevator or WCL which becomes stuck with anyone on board

(entrapment) shall constitute an emergency and the contractor shall respond by phone within 15 minutes of receiving the call and provide their estimated arrival time, which shall not exceed two (2) hours.

NOTE: Entrapment can be very traumatic to those trapped. The contractor is expected to arrive at the site as quickly as possible, but no later than two (2) hours of notification.

G. On-Call Time & Materials Repair Services:

1. On-call time & materials (T&M) repair services are defined as requests for service from the facility to correct any elevator or WCL problem or condition which needs attention, including all repairs (minor, major, emergency), entrapment, emergency repairs, etc.

2. The contractor shall provide T&M repair services in accordance with the following:

a) T&M repair service calls during regular working hours, shall be provided within a maximum of three (3) hours from the time of request.

b) T&M service calls placed after normal working hours shall receive a telephone response from the contractor within one (1) hour, with on-site response within three

(3) hours.

c) All repairs shall be performed on a time and material basis, unless it is determined, in

VSP’s sole discretion, that the cause of the failure or malfunction was due to the contractor's failure to properly perform preventive maintenance, examination and lubrication, or repair services. In this case, such repairs shall be made at no cost to

VSP.

d) Authorized overtime working hours shall be at the overtime hourly rate of time and one half (1-1/2 times the normal hourly rate). All overtime service calls shall be handled by one contractor employee only, unless additional has been approved in advance by the facility. If regular time work cannot be completed during regular working hours, and the contractor wishes to continue work beyond normal hours (Monday thru Friday, except State Holidays), prior authorization must be obtained from the facility.

H. Contractor’s General Procedures:

1. The contractor's employees shall be instructed that any time work is performed under this contract; they shall comply with the following procedures:

a) When work is to be performed on a time and material basis, the contract administrator shall require a log/verification of hours worked and materials used. Lunch breaks and other periods of time away from the job site shall not be billed.

b) If the elevator or WCL must be taken out of service to perform any work, the contract administrator shall be provided with information as to how long the elevator is anticipated to be out of service and the nature of the service or repairs to be performed.

c) Check in and out daily with the VSP CA or designee.

d) Upon completion of the work, and prior to departure, a paper copy of a work report form shall be submitted to the VSP CA (or designee). This work report form shall be provided by the contractor, and must include a minimum of the following information:

1. Name and address of contractor

2. Name of contractor’s employees and working titles

3. Dates work was performed, and hours expended per employee

4. Itemized list of materials used

e) Only productive on-site labor hours shall be paid under this contract. Time spent for preparation of estimates, travel time, material acquisition, handling/delivery of equipment, etc. is not chargeable.

I. Material and Workmanship:

1. Parts furnished under this contract shall be new and genuine manufacturer-recommended or manufacturer-authorized parts. Used parts and manufacturer rebuilt parts may be authorized by the Contract Administrator or designee, provided these parts carry the same warranty as the new part or component. Prior approval from the facility is required on a case-by-case basis.

2. The contractor shall maintain a sufficient quantity of repair parts on hand or have ready access to these parts in order to prevent unnecessary downtime of equipment.

3. All services provided under this contract shall be provided by competent mechanics, shall be performed in a good workman-like manner, and shall be in accordance with the manufacturer’s recommended procedures and industry standards.

4. The contractor shall guarantee all parts and workmanship for a period of six (6) months, or the Manufacturer’s warranty period, whichever is longer (excluding expendable parts).

Any repeated calls for repairs for the same reason or problem within this time period shall be made at no cost to VSP.

J. Contractor Responsibilities:

1. The contractor shall provide an on-call phone number to VSP that will enable 24-hour service, 365 days a year.

2. The contractor shall be responsible for providing the appropriate tools, equipment, and skilled personnel required to accomplish the work and for adequately supervising them during the performance of the task, to assure that the work is accomplished in compliance with all applicable laws, ordinances, rules, regulations and codes, including OSHA requirements, and any version of the Virginia Uniform Statewide Building Code issued by the Commonwealth which is in effect during the contract period. All work performed under this contract shall be done in a manner that will not adversely affect the integrity of the building’s electrical, fire protection, and life safety systems, or any other building features that will overload or render useless any circuit or groups of circuits.

3. The contractor shall be responsible to ensure that all materials used comply with all applicable laws, ordinances, rules, regulations, and codes, and are compatible with pre-existing materials and equipment of the building(s) involved (e.g. electrical).

4. The contractor shall guarantee all parts and workmanship for a period of six (6) months, or the Manufacturer’s warranty period, whichever is longer (excluding expendable parts).

Any repeated calls for repairs for the same reason or problem within this time period shall be made at no cost to VSP.

III. MANDATORY SITE VISIT:

Due to the importance of all bidders having a clear understanding of the Scope of Work/Specifications, the requirements of this solicitation, and an opportunity to inspect the physical work location, all Bidders are required to inspect the site where services are to be performed prior to the due date and time when bids are due.

A. SITE VISITS ARE BY APPOINTMENT ONLY. To schedule a site visit at the DTC, located at 1875 Ridge Road, Blackstone, VA 23824, you must contact Lieutenant Jason A.

Crowder at (804) 229-3898, or jason.a.crowder@vsp.virginia.gov.

Available site visit appointment dates are as follows (with no exceptions): July 6, July 8, July 9, July 13, and July 17. NO ONE WILL BE ADMITTED WITHOUT A

SCHEDULED APPOINTMENT.

B. Bidders must complete the attached “Certification of Site Visit” and bring it with them to the site visit. The bidder should complete the form, except for the portion titled “Virginia State Police Representative”.

C. Any bidder who does not conduct a site visit and/or provide the completed, signed “Certification of Site Visit” form with their bid will be found nonresponsive.

D. VSP does not assume responsibility for any understandings reached, or representations made, by any of its officers or agents concerning conditions which can affect the work done before the execution of a contract, unless that understanding or representation is expressly stated in the contract. Bidders are reminded that all questions and any answers provided by the Department must be done through the VSP Contract Officer.

E. Please ask all questions related to the building and the equipment to Lieutenant Jason Crowder at the time of your scheduled site visit.

IV. 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 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 bids, bidders 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:

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, veteran status, status as military family, 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.

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 bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, 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:

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder 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.

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.

A. 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 BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder 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. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty

(30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax.

State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

The Commonwealth’s excise tax exemption registration number is 5473-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The

Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the contractor (or third-party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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 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, 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.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the…