Administrative Services/Procurement Hampton Roads District Janitorial Services – Accomac Residency

IFB #160736

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Issue Date: March 10, 2026 SEALED INVITATION FOR BIDS IFB# 160736

Title: Janitorial Services – Accomac Residency Commodity Code(s): 91039 Location Where Work Will Be Performed: Accomac Residency

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Marlene M. Carter Email: Marlene.Carter@vdot.virginia.gov Phone: (757) 956-3036

NOTE TO BIDDERS

Prebid Conference: A Mandatory Pre-Bid Conference will be held at 10:30 AM Eastern Standard Time (EST)/Eastern Daylight Time (EDT) on MARCH 24, 2026. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 5:00 PM EST/EDT on APRIL 10, 2026. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 9:00 AM EST/EDT on APRIL 13, 2026. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

A. VA STATE CORPORATION COMMISSION FORM

B. SUBCONTRACTOR APPROVAL REQUEST

C. NORMAL AND EMERGENCY CONTACTS

D. REFERENCES

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 or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as 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.

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Administrative Services Division

Invitation For Bids IFB # 160736

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. QUESTIONS REGARDING THIS INVITATION FOR BID 3

III. GENERAL DEFINITIONS 3

IV. SPECIFICATIONS 3

V. PRE-BID CONFERENCE 8

VI. METHOD FOR PAYMENT 8

VII. INVOICING 9

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING 9

IX. GENERAL TERMS AND CONDITIONS 10

X. SPECIAL TERMS AND CONDITIONS 17

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Subcontractor Approval Request – Fillable Form

C. Normal and Emergency Contacts – Fillable Form

D. References – Fillable Form

E. CII/SSI Policy

REFERENCED TRAININGS

1. General Term and Condition C.1.(d): Link to Referenced Sexual Harassment Training

2. General Term and Condition CC: Link to VDOTU. Log in and search for “VDOT Workplace Civility Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://virtualcampus.vdot.virginia.gov/

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I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provided Janitorial Services for the Accomac Residency and the Training Room in Accomac, VA, per the specification and terms and conditions listed in this solicitation.

PERIOD OF CONTRACT: From Date of Award through 12 Months (renewable)

This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation.

DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

II. QUESTIONS REGARDING THIS INVITATION FOR BIDS:

Any questions regarding this invitation for bid shall be addressed to Marlene Carter at Marlene.Carter@vdot.virginia.gov .

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 12:00 PM EST/EDT on MARCH 27, 2026.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor.” Virginia Department of Transportation is referred to as “Commonwealth” or “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS:

A. The Contractor shall furnish qualified management, sufficient labor, supervision, equipment, materials and cleaning supplies necessary to perform janitorial services at the Accomac Residency Office and the Training Room (old Accomac Shop) located at 23096 Courthouse Avenue, Accomac, VA 23301 as specified herein.

Janitorial Services shall be performed in the buildings listed below:

BUILDING BUILDING # ESTIMATED SQUARE FOOTAGE

Residency Office 5360004 3,883 Square Feet (Upstairs/Downstairs)

Training Room 5360026 853 Square Feet

The cleaning requirements for the above-mentioned areas are contained in Paragraph C (Work Specifications).

B. WORK SCHEDULE

The Contractor must accomplish the work as outlined below:

1. Work shall be accomplished on three (3) weeknights from 5:00 p.m. to 7:00 a.m., Monday, Wednesday and

Friday. While the Contractor may begin work as early as 5:00 p.m., no work shall be performed which is mailto:Marlene.Carter@vdot.virginia.gov

4 | P a g e disruptive to office activities (i.e., vacuuming in an occupied office). Janitorial service shall not be performed on state observed holidays or any day state offices are closed.

2. In the event that a Holiday falls on a Monday, Wednesday or Friday, then the Contractor shall work an alternate schedule, so that cleaning is still performed three (3) weeknights and there is no disruption of services being performed.

3. Prior to any work commencement, the Contractor is responsible for coordinating a work schedule with the responsible on-site Contract Administrator as to when the work will be performed. Contract Administration is Sheila Godwin, Accomac Residency Office, and her telephone number is (757) 787-5811. The Contractor shall provide a calendar/logbook of what their cleaning entails based upon daily, monthly, quarterly, semi-annual and annual schedule, whichever is applicable. This calendar/logbook shall be completed each night where work is performed as required by this contract. The Supervisor shall sign off on tasks completed and this shall be a record for the Contract Administrator.

C. WORK SPECIFICATIONS

ACCOMAC RESIDENCY: Offices, Halls, Stairs, Conference Rooms, Entrance Ways, Receptionist Areas, Restrooms, Break Area (Kitchen) and Bathrooms:

Daily Activities: Duties to be performed on Monday, Wednesday and Friday. (Accomac Residency only)

1. Toilets, urinals, faucets and basins shall be cleaned and sanitized. Polish bright work.

2. Wall areas adjacent to toilets, urinals and basins are to be spot cleaned.

3. Halls, bathrooms and break area (kitchen) tile floors shall be swept, wet mopped and disinfected. Special attention shall be given to the floors around the toilet fixtures.

4. All restroom accessories (liquid soap, toilet paper (2-ply), paper towels) are to be filled.

5. All mirrors, shelving, dispensers, chromium fixtures, door handles and piping shall be damp wiped and polished dry and upon completion be streak and smudge free.

6. All walls and stall partitions shall be washed and wiped dry.

Trash:

1. All trash cans are to be emptied and kept clean and trash liners installed, including sanitary napkin receptacles.

2. All trash is to be removed from the building daily and disposed of in an onsite dumpster provided by the Agency.

The Contractor shall properly dispose of trash collected. The Contractor shall be responsible for the complete recovery and proper disposal of any trash collected under this contract that is disposed of at an unauthorized or illegal site.

Tile Laminated Floors:

1. All tile floors shall be swept and damp mopped. Upon completion, they shall be free of dust, dirt, loose debris, scuff marks and streaks.

2. All hard surface floors shall be sept, mopped and disinfected. Upon completion they shall be free of dust, dirt, loose debris, scuff marks and streaks.

3. Laminated floors shall be cleaned per manufacturer’s specifications.

Carpet Floors:

1. Carpet floors are to be vacuumed thoroughly making sure to get in corners, along edges and beneath furniture.

Upon completion, they shall be free of dust, dirt and loose debris.

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2. Carpet runners are to be vacuumed.

Dusting and Cleaning:

1. All furniture, office equipment, file cabinets, appliances, windowsills, molding, baseboards, lateral filing system base, venetian blinds, pictures, plaques, vents, fire extinguishers, lights, phones, tables, dining chairs, restroom dispensers, etc. are to be dusted and/or spot cleaned as required.

2. Clean and sanitize sinks, kitchen table, counter tops and counter tops appliances.

3. Porches, entranceways, steps and rugs are to be swept and cleaned.

4. Drinking fountains to be cleaned and polished.

5. Ledges and grills shall be dusted.

Weekly Activities: Duties to be performed on Friday. (Accomac Residency only)

1. Tile/hard surface floors are to be sprayed and buffed.

2. Entrance doors and storm door windows shall be cleaned with professional glass cleaner and upon completion be streak and smudge free.

3. Remove fingerprints and marks from around light switches and doorframes.

4. Clean exterior/interior of microwave, outside of refrigerator and top of stove.

Monthly Activities: Duties to be completed by the 1st week of each month. (Accomac Residency only)

1. Clean and sanitize refrigerator inside and out. Do not dispose of any food.

2. Clean interior and exterior of the stove.

3. Cobwebs to be removed from corners, ceiling, etc.

Semi-Annual Activities: Duties to be completed in April/October. (Accomac Residency only)

1. All tile/wax able hard floors shall be stripped and waxed (no-wax floor tile shall be cleaning accordingly to manufacturer's instructions).

2. Bathroom tile surface floors will be stripped and waxed.

3. All windows and window ledges are to be washed inside and out.

4. Light covers and windowsills are to be cleaned of bugs, etc.

5. Walls and handrails shall be wiped down and dusted.

6. All surfaces and objects in the building approximately 70 inches and higher from the floor shall be cleaned and dusted. This includes but is not limited to such items as door checks, clocks, exposed pipes, high files, ledges, molding, top of partitions, pictures, plaques and wall ceiling areas adjacent to these fixtures.

7. All wastebaskets shall be cleaned by washing or damp wiping inside and out.

8. Vacuum all upholstered furniture.

Annual Activities: Duties to be completed by the 1st week of April. (Accomac Residency only)

1. Venetian blinds are to be thoroughly cleaned.

2. Bathroom tile surface floors will be stripped and waxed.

3. All windows and window ledges are to be washed inside and out.

4. Light covers and windowsills are to be cleaned of bugs, etc.

5. Walls and handrails shall be wiped down and dusted.

6. All surfaces and objects in the building approximately 70 inches and higher from the floor shall be cleaned and dusted. This includes but is no limited to such items as door checks, clocks, exposed pipes, high files, ledges, molding, top of partitions, pictures, plaques and wall ceiling areas adjacent to these fixtures.

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7. All wastebaskets shall be cleaned by washing or damp wiping inside and out.

8. Vacuum all upholstered furniture.

TRAINING ROOM: Offices, Restrooms, Open Area, and Training Room

Weekly Activities: Duties to be performed on Friday. (Training Room only)

1. Toilets, urinals, faucets, and basins shall be cleaned and sanitized.

2. Wall areas adjacent to toilets, urinals and basins are to be spot cleaned.

3. All Offices (2), Bathroom, Open Area, and Training Room floors shall be swept, wet mopped and disinfected.

Special attention shall be given to the floors around the toilet fixtures.

4. All restroom accessories (liquid soap, toilet paper (2-ply), paper towels) are to be filled.

5. All mirrors, shelving, dispensers, chromium fixtures, door handles and piping shall be damp wiped and polished dry and upon completion be streak and smudge free.

6. All walls and stall partitions shall be washed and wiped dry.

7. All trash cans are to be emptied and kept clean and trash liners installed, including sanitary napkin receptacles.

8. All trash is to be removed from the building daily and disposed of in an onsite dumpster provided by the Agency.

The Contractor shall properly dispose of trash collected. The Contractor shall be responsible for the complete recovery and proper disposal of any trash collected under this contract that is disposed of at an unauthorized or illegal site.

9. All furniture, office equipment, file cabinets, appliances, windowsills, molding, baseboards, venetian blinds, pictures, plaques, vents, fire extinguishers, lights, phones, tables, chairs, restroom dispensers, etc. are to be dusted and/or spot cleaned as required.

10. Ledges and grills shall be dusted.

11. Entrance doors and storm door windows shall be cleaned with professional glass cleaner and upon completion be streak and smudge free.

Other Services

1. Bring to the attention of the Agency and/or Agency Representative any of the following:

a. Leakage or plumbing problem.

b. Defective lights or lighting.

c. Any unusual circumstances that might affect the safety, security maintenance or effectiveness of the facility that are noticed.

2. A closet for janitorial supplies will be provided and shall be left neat and orderly.

3. Window at reception desk requires specific cleaner for bullet proof glass.

D. SUPPLIES AND EQUIPMENT

1. All chemicals, supplies, cleaning agents and cleaning equipment will be provided by the Contractor at no additional cost to the Agency. The Contractor shall provide paper products (i.e., toilet paper – 2 ply only, hand towels, paper towels, etc.), liquid hand soap, trash liners, urinal deodorizers/toilet deodorizers, and air deodorizers necessary to perform janitorial services at the Accomac Residency Office and the Training Room building located at 23096 Courthouse Ave, Accomac, VA 23301.

2. The Contractor shall furnish all green seal/eco-friendly janitorial products and supplies and shall not sue any product, supply or equipment that is injurious or damaging to the surface to which it is applied or exposed or to Department personnel. The Contractor shall be responsible for restoring/replacing any equipment, furniture, floor covering, etc. so damaged at its cost to the satisfaction of the Agency.

3. All Contractor’s equipment and supplies must be labeled with the Contractor’s name. All equipment and supplies must be in proper and suitable working condition. All chemicals used will be prepared, stored, disposed of and used by manufacturer’s instructions.

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4. The Contractor may store supplies and/or equipment on site in the janitorial closet. Items that will not fit in the closed shall not be stored on VDOT premises.

5. The Contractor shall provide the Agency with Safety Data Sheets (SDS) or all cleaning agents or supplies used within five (5) business days upon receiving Notice of Intent to Award.

E. CONTRACTOR’S PERSONNEL:

1. General

The Contractor is responsible for establishing effective management controls at all times during the performance of this contract.

2. Contractor’s Supervisor

The Contractor shall assign one (1) qualified person to act as the supervisor to physically supervise the Contractor’s employees and to ensure adherence to the cleaning schedule. The Contractor’s supervisor shall be present at the worksite at all times during the contract performance operations. This may be a working supervisor.

3. Custodial Workers

a. The Contractor shall employ a sufficient number of experienced custodial workers to adequately perform all of the specified duties and services.

b. All Contractor employees shall carry on their person photo identification and a card, or some means of identifying them as an employee of the contractor. An official VDOT Contractor’s badge will be supplied by the Agency.

4. Employee Conduct

a. The Agency reserves the right to request the removal of any of the Contractor’s employees from the Agency premised at any time for what the Agency considers reasonable cause.

b. The Contractor is responsible for the proper conduct and performance of its employees, and compliance with the following:

1) Employees shall not loiter on premises or engage in prolonged discussions with either Agency or other contractor personnel.

2) Employees shall not open desk drawers, file cabinets, or files at any time nor read or remove any correspondence, documents, etc. which have been disposed of in trash containers.

3) Employees shall not tamper with any office machines, equipment, computers, office supplies and/or

Agency employees’ personal property at any time.

4) Employees shall not use Agency telephones or any other communication equipment, to include fax machines, other than those designated by the agency specifically for Contractor’s use. The Contractor will be responsible for any cost due to the misuse of the above communication equipment.

5) Employees shall not operate radios or portable music sources in a madder that would in any way disrupt any Agency employee.

6) Employees shall not enter any areas of the buildings in which work/services are not being performed or in which the employee’s presence is not required by his/her work.

F. ACCIDENT PREVENTION:

1) Precautions shall be exercised at all times for the protection of persons, including employees, and property.

The safety provisions of applicable laws and building construction codes shall be observed. The provisions of rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of

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Virginia issued by the Department of Labor and Industry under title 40.1 of the Code of Virginia shall apply to all work performed under this contract.

2) All machinery, appliances, and equipment furnished under this contract or used in performance of the contract shall be protected by adequate safety devises as required by the rules and regulations governing safety as adopted by the Safety and Health Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and industry under Title 40.1 of the Code of Virginia.

G. PROTECTION OF WORK AND PROPERTY

The Contractor shall protect the Agency’s property from damage or loss in connection with this contract. The Contractor shall make good any such damage or loss, except such as may be caused by agents or employees of the Agency. Any damage to the building or loss or damage to property in the building caused by the Contractor or its employee(s) shall be promptly repaired or replaced to the satisfaction of the Agency at the expense of the Contractor.

Failure on the part of the Contractor to repair or replace lost or damaged property within forty-eight (48) hours conveys the undisputed authority to call an independent contractor to repair or replace the lost or damaged property and to withhold the total sum from payment on the next billing period. An invoice, as proof of having incurred a financial obligation pursuant to this paragraph, will be provided to the Contractor by the Agency. The Contractor agrees to accept verbal notice by the Agency with the respect to lost or damaged property and further agrees that the forty-eight (48) hour limitation will commence at the time and date of verbal notification. The Contractor shall adequately protect adjacent property as provided by law and the contract documents.

H. AGENCY RESPONSIBILITY FOR LOSSES

1. The Agency shall not be responsible for any losses or damage to any Contractor property to include but in not limited to supplies, tools and equipment.

2. The Contractor is responsible for providing proper security and identification for such items at its own expense.

V. PRE-BID CONFERENCE:

MANDATORY PRE-BID CONFERENCE:

A mandatory, in-person pre-bid conference will be hosted by the Contract Officer at 10:30 AM EST on MARCH 24, 2026 at 23096 Courthouse Ave., Accomac, VA 23301. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this pre-bid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted to join the conference after 10:35 AM EST.

Have a copy of the solicitation with you; copies will not be provided by the Contract Officer. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

Attendees will be required to sign in at the security desk located at the building’s visitor entrance of the Accomac Residency Office and present photo identification issued by a state or federal entity in order to gain access to the building. Examples of acceptable photo identification include, but are not limited to, a current driver’s license or passport. All attendees will be given directions to the specific meeting location. Attendees must also sign out at the security desk before leaving the building. Please plan your arrival accordingly to accommodate parking limitations and getting through security.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

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Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692- 0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices may be submitted monthly to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation Accomac Residency

23096 Courthouse Ave.

Accomac, VA 23301

In lieu of mailing, invoices may be submitted as an attachment via email to HamptonRoadsAccomacBusiness@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 9:00 AM EST on APRIL 13, 2026.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/21949815510974?p=YQfvVq39slMxkbEspV mailto:edi@doa.virginia.gov mailto:HamptonRoadsAccomacBusiness@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/meet/21949815510974?p=YQfvVq39slMxkbEspV

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Meeting ID: 219 498 155 109 74 Passcode: up9zC9KC

Need help? | System reference Dial in by phone +1 434-230-0065,,784302192# United States, South Hill Find a local number Phone conference ID: 784 302 192# Join on a video conferencing device Tenant key: commonwealthofvirginia@m.webex.com Video ID: 117 513 404 5 More info

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time, please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. 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, § 2.2-4343.1(E)).

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:

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTE3YTNjNjItNTUxNi00NDI5LWFhMDQtNTM0M2NjZTU5MDkz%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22443134f0-cd4b-42db-aa7c-3e3231242278%22%7d tel:+14342300065,,784302192 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=784302192 https://www.webex.com/msteams?confid=1175134045&tenantkey=commonwealthofvirginia&domain=m.webex.com http://www.eva.virginia.gov/

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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.

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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: 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:

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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 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

14 | P a g e 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.

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R. OMITTED:

S. OMITTED:

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder 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

15 | P a g e maintain these insurance coverage 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 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…