201-27-005 URFP Solicitation 9.29.26.docx

101 NORTH 14TH STREET, RICHMOND, VIRGINIA 23219

UNSEALED REQUEST FOR PROPOSAL (URFP) # 201-27-005

SET-ASIDE FOR SMALL BUSINESS ENHANCEMENT AWARD PRIORITY

Conference Planning for Fiscal Forum 2027

Issue Date: October 06, 2026 • Due Date/Time: October 9, 2026 by 3:00 p.m. EST

Contract Officer: Amanda S. Turner • Email Address: amanda.turner@doe.virginia.gov USING AGENCY AND/OR LOCATION WHERE WORK WILL BE PERFORMED: Virginia Department of Education

CLARIFICATION OF TERMS: If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the Contracting Officer whose name appears on the face of this solicitation, inwriting. All inquiries must be submitted in writing to Amanda Turner via e-mail at amanda.turner@doe.virginia.gov. Please include “URFP – 201-27-005” in the title of the message. Any revisions to the solicitation will be made only by an addendum issued by the Contracting Officer named above.

NO OPTIONAL OR MANDATORY PRE-PROPOSAL CONFERENCE WILL BE HELD

PERIOD OF CONTRACT: The initial period of the contract will commence at date of award through March 30, 2027.

In compliance with this Unsealed Request for Proposal (URFP) and all conditions imposed in thisURFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm herby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

DO NOT MAIL OR EMAIL PROPOSALS! PROPOSALS MUST BE SUBMITTED VIA the eVA VBO PORTAL LOCATED HERE: https://eva.virginia.gov/

Company Name:___________________________

Street: ___________________________________

City/State/Zip:______________________________

Signature ________________________________

Printed Name: _____________________________

Title: ___________________________________

Date: _____________________________

Contractor’s TIN:____________________________________

Telephone:_________________________________________

Phone Number: _________________________________

Email Address: __________________________________

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.

THIS PAGE SHALL BE COMPLETED AND INCLUDED IN PROPOSAL SUBMISSION

TABLE OF CONTENTS

PAGE

I. PURPOSE: 3

I.

PURPOSE:

The purpose of this Unsealed Request for Proposals (URFP) is to solicit proposals from qualified sources to establish a contract through competitive negotiation for conference planner services to secure the contract(s) and coordinate logistical components for the lease of a conference facility in the greater Richmond area with multiple meeting rooms inclusive of audio/visual equipment and A/V support and government rate onsite conference meals and onsite lodging facilities. The conference is for the IDEA/Special Education Fiscal Collaborative Forum at the Virginia Department of Education (VDOE), an agency of the Commonwealth of Virginia.

II. BACKGROUND:

VDOE IDEA/Special Education Fiscal Collaborative Forum

III. STATEMENT OF NEEDS:

A. The Contractor shall:

1. Pricing shall be based upon the estimated quantities provided in the solicitation. Estimates are provided for pricing and planning purposes only and do not constitute guaranteed minimum quantities. Final payment shall be based upon actual authorized services delivered and/or VDOE-approved guaranteed quantities, as applicable. No quantity, service, upgrade, or additional charge exceeding the approved Contract amount shall be payable without prior written authorization from VDOE.

2. Prior to proposing a facility, the Contractor shall have conducted a site inspection or otherwise possess sufficient firsthand knowledge of the facility to certify that the proposed facility satisfies the material requirements of this solicitation. VDOE reserves the right to require a site inspection prior to final facility approval.

3. Arrange and secure all logistical requirements of program.

4. Manage and oversee site facilitation/coordination services when providing such services under this contract.

5. Resolve any hotel/lodging and restaurant/catering issues promptly.

6. Beginning twenty-four (24) hours prior to the start of the conference and continuing through completion of conference activities, the Contractor shall maintain an emergency point of contact available twenty-four (24) hours per day. Emergency telephone calls shall be acknowledged within fifteen (15) minutes. When an issue cannot reasonably be resolved remotely, appropriate on-site assistance shall be provided as soon as reasonably practicable.

7. VDOE-designated conference personnel may provide reasonable on-site operational direction necessary to facilitate the conference. No Contractor, subcontractor, hotel, facility, or other party shall rely upon verbal direction from VDOE personnel as authorization to increase the Contract price. Any change resulting in an additional charge must receive prior written approval from the VDOE Contract Officer or other individual possessing delegated contracting authority, except when immediate action is necessary to protect the health or safety of conference participants.

8. To provide VDOE with all substantiating documentation upon completion of program, including an invoice with documentation of all relevant charges and a hotel/facility lodging folio.

9. Quote/bid to include all overhead, profit, and all incidental costs required to perform above responsibilities, however overnight hotel/lodging accommodations, restaurant/meal provisions, and transportation for event/conference planners not to be provided, incurred, or reimbursed by VDOE unless included in total quote/bid amount.

10. Quote/bid for hotel/lodging accommodations and restaurant/catering provisions to be within allowable State per diem rates in accordance with current State Travel Regulations.

11. Meeting Planner Fees greater than 15% of the final Quote/bid amount will require an itemized list of the meeting planner services provided for the event.

12. The Contractor shall negotiate the most favorable cancellation and attrition provisions reasonably available. VDOE shall have no financial responsibility for unreserved sleeping rooms within the room block unless an attrition obligation is expressly identified in the Contractor's proposal and specifically approved by VDOE in writing. All proposed cancellation damages, attrition charges, minimum expenditures, deposits, and cutoff dates shall be disclosed prior to facility approval.

13. Contractor shall monitor room-block utilization and provide VDOE periodic pickup reports prior to the reservation cutoff date, including rooms reserved by date, rooms remaining within the block, and any identified risk of insufficient or excess room inventory.

14. The Contractor shall disclose all commissions, rebates, referral fees, incentives, complimentary rooms, credits, loyalty benefits, concessions, or other compensation received or anticipated from any hotel, facility, caterer, audio/visual provider, transportation provider, or other subcontractor associated with the conference. Such compensation shall be separately disclosed in the Contractor's pricing proposal and final reconciliation. Contractor shall not retain undisclosed compensation arising from VDOE expenditures under this Contract.

15. The contractor shall provide conference materials, logos, signage content, name badges, attendee materials, and other Agency-controlled content by agreed-upon production or delivery deadlines.

B. Provide Lodging:

C. Conference Meals

1. All conference meals shall be provided at a rate no higher than the current published U.S. General Services Administration government state rate allowable for the venue’s zip code and inclusive of all charges, tax-exempt, for related food, beverage, and services provided. There shall be no Food and Beverage minimum charge, and final headcount will be confirmed at a date appropriate for facility meal planning prior to the conference dates.

a. The following meals accommodations shall be provided:

i. Continental Breakfast buffet

a. March 17, 2027: up to 300 People from 7:30 a.m. until 9:45 a.m.

b. March 18, 2027: up to 300 People from 7:30 a.m. until 9:45 a.m.

ii. Working Lunch buffet

a. March 17, 2027: up to 300 People from 11:45 a.m. until 1:00 p.m.

b. March 18, 2027: up to 300 People from 11:45 a.m. until 1:00 p.m.

b. Conference meals shall be made available for consumption during the exact requested timeframes in relation to the meeting agenda and made available for no less than 90 consecutive minutes for each meal.

c. Conference meals shall be provided as buffet style with sufficient quantities of food and beverages available to all attendees. All meals shall accommodate various dietary allergies and restrictions, or an individual option suitable to the attendee requesting dietary accommodations shall be provided.

d. Sufficient number of hotel/catering staff shall be present and available during meals to assist with proper serving, refilling, and cleanup of food and dishware.

e. Food, beverages, napkins, eating and serving utensils, and proper plates, bowls, cups shall be clean and readily available to attendees in a sanitary manner.

A.

D. Conference Facilities:

1. All meeting spaces, parking, and any on-site restaurants shall be accessible/ADA compliant and shall accommodate the maximum number, or smaller, of anticipated attendees for each conference date. Day time parking shall be at no cost to attendees.

2. All meeting spaces and areas in the hotel should be free of toxins, including mold and new paint, and no ongoing construction or renovations that may impede access.

3. Watering Stations must be available and easy to access for attendees.

4. Restrooms shall be onsite, readily available, easily accessible, and nearby the location of the meeting area. Restrooms shall be fully functional inclusive of sinks with running water, flushing toilets, and bathroom stalls with sufficient privacy including closable, locking stalls or doors. Restroom shall be well-stocked with toilet paper, hand soap and running water, and hand-drying mechanism such as, but not limited to, dispensed paper towels or mechanical hand drying systems, throughout the conference activities. Restrooms shall be cleaned prior to and during the conference hours with the expectation of being regularly maintained for cleanliness, sanitation, and stocking of restroom supplies. At least one (1) accessible, ADA-compliant restroom descriptive of the above shall be made available reasonably near and openly available to meeting attendees.

5. Trash receptacles shall be placed inside and outside of the meeting rooms and cleaned/removed as appropriate throughout the conference.

6. Electrical outlets shall be functional and available throughout all meeting rooms for attendees’ electronic devises and computers to be plugged in.

7. Reliable, constant wireless internet accessible to all attendees shall be made available inside and in the nearby vicinity outside of all meeting rooms.

8. On March 17, 2027, and on March 18, 2027, the following meeting spaces and accommodations shall be made available:

a. When possible, all meeting spaces within close proximity of each other and ensure ease of access and accessibility for all attendees to support a smooth flow of the crowd when moving between meeting sessions, meals, and breaks.

i. One (1) general session banquet or ballroom room with seating capacity to comfortably accommodate up to 300 people set up with banquet or crescent round tables, skirted and covered with tablecloths, ink pens set at every seat.

ii. Rotating Sessions: 6 breakout rooms with theater style seating for no less than 50 attendees.

b. In each room, facing toward the banquet rounds/audience, with the following audio/visual setup:

i. One (1) podium with a wireless microphone and microphone holder and a high-riser table with at least four (4) chairs for speakers, shall be setup at the front of the banquet room.

ii. Two (2) screens in main banquet or ballroom and one (1) screen in each breakout room.

iii. Projector/screen(s) with HDMI connectivity and house sound projection from laptop

iv. One (1) lavaliere microphone to be setup at the front of the banquet room.

v. Wifi access for all attendees

vi. A/V technician onsite

c. Registration Table set directly outside or nearby outside of the main entrance to the general session:

i. Three to Four (3-4) tables, skirted and covered with tablecloths, each approximately six feet to eight feet (6’-8’) in length, set up outside but near the entrance to the general session banquet room.

ii. Total of two (2) chairs set behind the registration table.

iii. Trash receptacles around/near tables.

d. Exhibitor Tables set nearby outside of the banquet room:

i. Six tables (6), separately placed, skirted and covered with tablecloths rectangular or square tables in which each extends the length of six feet (6’), set up outside of but near the entrance to the general session banquet room.

ii. Two (2) chairs set behind each exhibitor table.

iii. One (1) outlet or power surge-protected extension cords for laptop connectivity at or nearby each table.

iv. Trash receptacles around/near tables

E. The Purchasing Agency will:

1. Designate a Primary Point of Contact. Designate a VDOE Conference Coordinator or other primary point of contact to communicate with the Contractor regarding conference planning, logistics, approvals, and coordination.

2. Provide Conference Information. Provide the Contractor with available information necessary to plan the conference, including anticipated attendance, conference dates, general agenda, anticipated session structure, meal requirements, lodging requirements, and other known logistical requirements.

3. Provide Estimated Attendance. Provide reasonable estimates of anticipated attendance for purposes of initial planning and pricing. Attendance estimates provided prior to the final guarantee shall be considered estimates only and shall not constitute a guaranteed attendance level or minimum purchase commitment.

4. Provide Final Attendance/Meal Guarantees. Provide final guaranteed meal counts by the deadline mutually established with the Contractor and approved facility. The deadline shall be commercially reasonable and clearly identified in advance. Final billing for meals shall be based upon the VDOE-approved guaranteed quantity or actual quantity served, whichever is applicable under the approved facility agreement.

5. Provide Dietary and Accessibility Information. Provide known dietary restrictions, food allergies, accessibility requirements, and other reasonable attendee accommodations to the Contractor by the mutually established deadline. Personally identifiable or medical information shall be limited to information reasonably necessary to provide the requested accommodation.

6. Provide the Final Conference Agenda. Provide the Contractor with the final or substantially final conference agenda, including registration periods, meal periods, general sessions, breakout sessions, exhibitor periods, and other scheduled activities within an agreed-upon timeframe prior to the conference.

7. Provide Presenter Requirements. Provide available information concerning presenters, presentations, anticipated audio/visual requirements, presentation formats, and other special presentation requirements sufficiently in advance of the conference.

8. Provide Conference Materials Data. VDOE will provide data for contractor to develop materials, logos, signage content, name badges, attendee materials, and other Agency-controlled content by agreed-upon production or delivery deadlines when such materials are necessary for Contractor performance.

9. Review and Approve Event Documents. Review proposed floor plans, banquet event orders (BEOs), menus, room sets, audio/visual plans, lodging arrangements, signage plans, schedules, and other material event documents submitted by the Contractor and provide approvals or requested changes within a reasonable timeframe.

10. Provide Tax-Exemption Documentation. Provide applicable Commonwealth of Virginia tax-exemption documentation when necessary for qualifying purchases.

11. Identify Authorized On-Site Representative(s). Identify VDOE personnel authorized to provide operational direction to the Contractor during the conference.

12. Communicate Material Changes. Notify the Contractor as soon as reasonably possible of known changes to anticipated attendance, conference schedule, room requirements, meals, lodging, speakers, or other material conference requirements.

13. Attendee Communications. Unless specifically included within the Contractor's Scope of Work, VDOE shall be responsible for conference registration, attendee invitations, attendee communications, collection of registration information, and distribution of conference information.

14. On-Site Participation. Provide sufficient VDOE personnel to conduct VDOE-controlled functions such as identity verification, check-in, conference programming, speaker introductions, session facilitation, and distribution of Agency materials unless specifically assigned to the Contractor elsewhere in the Scope of Work.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. URFP Response: In order to be considered for selection, Offerors must submit a complete response to this URFP. Responses to this URFP will only be accepted electronically prior to the due date and time listed above. Offerors shall submit responses via the Virginia Business Opportunities (VBO) portal of eVA.Virginia.gov; video instructions can be located here. In order to be considered for selection, Offerors must submit a complete response to this URFP and provide the following two (2) documents in Microsoft-compatible searchable .pdf format (the current maximum size allowed per attachment is 60.0MB):

a. One (1) complete electronic copy of proposal with original signature, with pricing.

b. One (1) complete electronic copy of proposal with original signature redacted to black out (not remove) proprietary and trade secret material (if any). If there is no proprietary or trade secret material, this copy is not necessary. A confirming statement must be included that there is no proprietary information (see Attachment D).

The signature page may be submitted as a “PDF” document with an electronic, wet signature or a stamped signature). Typewritten signatures are not acceptable.

No other distribution of the proposal shall be made by the offeror.

Offerors are solely responsible for reviewing, complying, and returning a complete and responsive proposal. Changes to the solicitation’s forms or formats are prohibited except where clearly instructed and permitted. In order to be considered for selection, Offerors should submit a complete response to this RFP.

Offerors must be registered in eVA in order to submit an electronic proposal. The following are instructions for submitting an electronic proposal.

1. Go to www.eva.virginia.gov;

2. Click on “I Sell To Virginia”;

3. Click on “eVA Vendor Training”; and

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

Only those proposals submitted under the last open round will be considered for evaluation.

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov prior to the closing date and time.

Prior to the due date, Offerors should:

· Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) for any updates, changes, amendments, cancellations, etc.; and

· Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Offeror’s electronic submission.

2. PROPOSAL PREPARATION:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the URFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the URFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the URFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the URFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the URFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the URFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the URFP requirements are specifically addressed.

d. As used in this URFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the URFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Proposals font should be Times New Roman, the font size should be 12, the ink color should be black, and the spacing should be single.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the URFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary (see Attachment C). The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

3. ORAL PRESENTATION: Offerors who submit a proposal in response to this URFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

B. SPECIFIC PROPOSAL INSTRUCTIONS:

Only those proposals submitted from last open round will be considered for evaluation.

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

2. Offeror Data Sheet, included as an attachment to the URFP, and other specific items or data requested in the URFP.

5. Proposed Price. Indicate in the pricing schedule, Section XI of the URFP, if provided.

7. State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or Title 50 (See Appendix B, Section II, 64.). Include SCC Form, Annex 7-I, in Request for Proposals.

Only those proposals submitted from last open round will be considered for evaluation. Proposals should be as thorough and detailed as possible so that the VDOE may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items in the order listed as a complete proposal:

Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the URFP requirements are specifically addressed.

V. EVALUATION AND AWARD CRITERIA:

A. EVALUATION CRITERIA: Proposals shall be evaluated by the VDOE using the following criteria:

B. AWARD OF CONTRACT:

Selection shall be made of two or more DSBSD-certified micro business offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals, provided that the price proposal is up to and including $10,000. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). should the Commonwealth determine in writing and in its sole discretion that only one DSBSD-certified micro business offeror is fully qualified, or that one such offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. Any award to a DSBSD-certified micro business offeror pursuant to the above process may be made only if the price as negotiated remains under $10,000. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated. If the agency in its sole discretion determines that the above criteria for limiting the negotiation to micro businesses are not present, the agency shall follow the same process as specified above, but restricting the negotiation instead to DSBSD-certified small business offerors, provided that the price proposal is not more than $100,000. If the agency determines that the above criteria for limiting the negotiation to small businesses are not present, the agency shall follow the same process as specified above, but without restricting the negotiation to small or micro business offerors.

VI. 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/proposals), (bidders/offerors) certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND URFPs: Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. 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 54-73-0076K. 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. 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.