2026 Super Managers Forum_Quick Quote.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF WORKFORCE DEVELOPMENT AND ADVANCEMENT|VIRGINIA WORKS

Quick Quote

Date: September 1, 2026

Title: 2026 Super Managers Forum

Commodity Code: 97165, 97130

Issuing/Using Agency: Commonwealth of Virginia Virginia Works

2221 Edward Holland Drive Richmond, Virginia 23230

Initial Period of Contract: October 26, 2026 through October 30, 2026

Proposals due date: September 16, 2026, 10:00AM EST.

All Inquiries for information should be directed to Princess Banks via Email at: procurement@virginiaworks.gov with a subject line, “2026 Super Managers Forum”. Last day to submit questions will be September 9, 2026, 10AM EST. Answers will be posted in eVA.

In compliance with this proposal and all conditions imposed in this proposal, 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 hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

* Virginia Contractor License No. _____________________ * DSBSD-certified Small Business No. ____________

* Leave Blank If Not Applicable.

Class: __________ Specialty Codes: __________________

Name And Address of Firm:

_____________________________________________ Date: ________________________________________

_____________________________________________ By: ________________________________________

_____________________________________________ (Signature In Ink)

__________________________Zip Code: ___________ Name: ________________________________________ eVA Vendor ID or DUNS #: ______________________ (Please Print)

Fax Number: (___) ___________________________ Title: _________________________________________

E-mail Address: _______________________________ Telephone Number: (___) ________________________

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-

4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made.

mailto:procurement@virginiaworks.gov

TABLE OF CONTENTS

I. PURPOSE

II. SCOPE OF WORK………………………………………………………………………………….3

III. PROPOSAL PREPARATION AND REQUIREMENTS ………………………………………….7

IV. EVALUATION AND AWARD CRITERIA ………………….…………….. ……………………10

V. REPORTING AND DELIVERY……………………………………………………………………10

VI. SITE VISIT………………………………………………………………………………………….11

VII. GENERAL TERMS AND CONDITIONS

VIII. METHOD OF PAYMENT…….…………………………………………………………………….17

IX. EXHIBITS/ATTACHMENTS……………………………………………………………………….18

I. PURPOSE

Virginia Works is seeking a Contractor to host the 2026 Super Manager’s Forum. This event supports the agency’s mission to promote statewide economic growth through innovation and leadership development. The Contractor shall provide conference facilities, lodging, complimentary parking, audio/visual equipment, and food and beverage services in the Lynchburg/Roanoke area in the Commonwealth of Virginia.

II. SCOPE OF WORK

A. Contractor shall furnish all labor, materials and resources to provide the facilities, complimentary parking, lodging, food/beverage, and equipment needed for the Virginia Works Super Managers Forum. The Scope of Work describes the minimum requirements.

B. Contractor shall have a well-maintained conference and exposition facility that meets all federal, state and local fire, health and ADA compliance codes, as well as building and safety codes. All meeting rooms shall be located in one (1) single building.

C. The offeror must have relevant experience at providing conference services of comparable size and nature as described in the Scope of Work and been in business for at least the past 5 years.

D. Meetings are scheduled to take place over a four-day period, from October 27 through October 30, 2026.

1. Lodging Requirements:

Virginia Works anticipates an initial group requiring 80 single-occupancy rooms, with check-in on Monday, October 26, 2026 and checkout October 28, 2026. Virginia Works anticipates another group requiring 25 single-occupancy rooms with check-in on Wednesday, October 28, 2026 and check out on Friday, October 29, 2026.

Rooms will be paid for on a single master bill. The room rate is not to exceed the GSA per diem lodging rate, exclusive of taxes. Attendee list shall be provided by Virginia Works three (3) days prior to scheduled event start date.

Within two (2) business days of receiving Virginia Works’s Purchase Order, the lodging property shall provide the phone number for reservations, the group on-line reservation link, and the cut-off date for holding all rooms.

A. Additional Lodging Requirements

1. The facility shall adhere to any CDC, AHLA, and state and local health guidelines.

2. Contractor shall only charge for rooms occupied.

3. Contractor shall be responsible for tracking all sleeping room reservations made against the room blocks for both the master bill and for individual reservations.

4. Contractor must allow for reservation name changes.

5. Contractor shall provide Virgina Works with confirmation lists upon request, listing individuals by last name.

6. Any rooms not master-billed, Contractor must require payment from each individual and should accept, at a minimum, American Express, Visa, and Master Card charge cards. Reservations and payment for lodging shall https://www.gsa.gov/travel/plan-book/per-diem-rates be handled directly between the designated Virgina Works individual and Contractor. Contractor shall not pre-bill any room charges to individual credit cards prior to or upon check-in.

7. Incidental room expenses should not be pre-charged upon check-in with the understanding that guests will pay for those charges separately upon check-out.

8. Contractor should be prepared to allow for late check-out on the final event date for lodgers designated, not to exceed five (5) rooms.

9. Contractor should provide “green” options for lodgers. For example, a lodger could request that sheets, towels, etc. not be changed each day to reduce the need for washing. In addition, Contractor may offer other environmentally friendly practices, including ‘reduce, reuse, and recycle’ initiatives in performance of the contract.

10. Elevator access is required to all sleeping rooms located in a multi-floor facility.

11. The facility must be safe, well-lit at night and secure around the premises. Security measures such as exterior perimeter cameras and/or security personnel are desirable.

12. The facility should have recreational areas and a business center available for lodgers at no additional charge.

13. The proposal should specify the facility’s normal commercial practice for late arrivals, late check-out and cancellations.

14. Microwaves are desirable in the sleeping rooms at no additional charge.

15. Refrigerators are required in at least 10 of the sleeping rooms for lodgers to store medicine, at no additional charge.

16. A small board room/conference room that seats 10 maximum provided Monday through Wed.

17. The facility must provide acceptable accommodations for the physically disabled in compliance with the Americans with Disabilities Act (ADA). The Virginia Office of Protection and Advocacy (VOPA) provides ADA information at www.vopa.virginia.gov.

2. Meeting Space Requirements:

A. Tuesday, October 27, 2026

1. 1 Large Meeting area to seat 90 participants.

2. Provide COMPLIMENTARY wireless Internet service throughout the lodging property/facility and conference space for all overnight guests and daily commuter attendees, and presenters.

B. Wednesday, October 28, 2026

1. 1 Large Meeting area to seat 90 participants http://www.vopa.virginia.gov/

C. Thursday, October 29, 2026

1. Large Meeting area to seat 40 participants

D. Friday, October 30, 2026

1. Large Meeting area to seat 40 participants

E. Additional Facility/Meeting Space Requirements

1. The facility shall meet or exceed any CDC, AHLA, and state and local health guidelines.

2. The facility shall include a large screen with projection for presentations, three (3) microphones

2. The facility shall provide a full meeting room refresh (including cleaning and sanitizing all hard surfaces) at the end of each day.

3. The meeting room(s) shall be in close proximity and shall be reasonably free from distractions, contain trash receptacles, and have good controllable lighting and good ventilation. There must be clear, unobstructed views of the podium and projection screen(s). Room(s) should have convenient accessibility to restrooms.

4. The meeting room(s) must not be used by any other group(s) during the event dates. Contractor shall inform agency staff of any scheduled events or activities being held during the Conference.

5. Contractor should have adequate, complimentary parking adjacent or within close proximity to the facility for Conference participants.

6. Contractor should have easels or marquees available to accommodate conference signage.

7. Virgina Works may cancel reserved meeting room requirements at their discretion. Virgina Works may add meeting room(s) if needed, with the mutual agreement of Contractor.

8. Contractor shall have adequate internal procedures, training and staffing for handling emergency situations and other irregularities (e.g., medical emergencies, power failures, equipment failures, etc.).

9. Contractor shall inform Virgina Works of any scheduled or ongoing construction or remodeling projects during the requested dates of the Conference, and if possible, reschedule those construction/remodeling project(s).

10. Contractor shall provide event services and assign one (1) event manager to work with one (1) Virgina

Works staff member prior to and during the Conference to coordinate room set-up, meals and activities.

11. A conference planning (‘Pre-Con’) meeting may be held between Virgina Works staff and Contractor’s facility department representatives (e.g., conferences/events, catering, facilities, audio/visual, etc.) prior to the opening of the Conference at a mutually agreeable date and time. The purpose of the meeting would be to review and confirm daily event orders to include room set-up, catering and A/V requirements, and make adjustments as necessary. Additional meetings may be scheduled prior to and during the Conference if needed.

12. The daily schedule noted above is representative of the planned event. Activities may change based on factors such as timing, space availability, etc.

13. The facility must be available to agency staff for site visit/inspection prior to the Conference to ensure compliance with the needs described herein.

F. Catering Requirements: The per person meal rate is not to exceed the GSA per diem.

Tuesday

1. Provide buffet-style breakfast to include meat, eggs, other side items, coffee, decaf coffee, hot tea, orange juice, and water for 80 people from 8:00 AM to 9:00 AM. Hot water should be complementary.

2. Provide buffet style lunch to include meat, vegetable, other side items, coffee, decaf coffee, hot tea, and water for 80 people from 12:00 pm to 1:00 PM. Hot water should be complimentary.

Provide refreshment service (beverages) for 75 people from 9:00am. to 4:30 p.m. Beverages should consist of coffee, water, and hot tea. Hot water should be complimentary.

Wednesday

1. Provide buffet-style breakfast to include meat, eggs, other side items, coffee, decaf coffee, hot tea, orange juice, and water for 80 people from 8:00 AM to 9:00 AM. Hot water should be complementary.

2. Provide buffet style lunch to include meat, Vegetable, other side items, coffee, decaf coffee, hot tea, orange juice, and water for 80 people from 12:00 pm to 1:00 PM. Hot water should be complimentary.

3. Provide snacks and refreshment service (beverages) for 75 people from 9:00 a.m. to 3:30 p.m. Beverages should consist of coffee, water, and hot tea. Hot water should be complimentary.

4. Provide snacks for 90 people at 3:15pm. Snacks should consist of chips, cookies, popcorn, trail mix.

Thursday

1. Provide refreshment service (beverages) for 40 people from 9:30am. to 4:30 p.m. Beverages should consist of coffee, water, and hot tea. Hot water should be complimentary.

2. Provide buffet style lunch to include meat, Vegetable, other side items, coffee, decaf coffee, hot tea, and water for 40 people from 12:00 pm to 1:00 PM. Hot water should be complimentary.

3. Provide snacks for 40 people at 3:15pm. Snacks should consist of chips, cookies, popcorn, trail mix.

https://www.gsa.gov/travel/plan-book/per-diem-rates

Friday

1. Provide buffet-style breakfast to include meat, eggs, other side items, coffee, decaf coffee, hot tea, orange juice, and water for 80 people from 8:00 AM to 9:00 AM. Hot water should be complementary.

2. Provide refreshment service (beverages) for 40 people from 9:00am. to 12:30 p.m. Beverages should consist of coffee, water, and hot tea. Hot water should be complimentary.

NOTE: Vegetarian and/or other special dietary meals must be available at no additional cost, and preferably with minimum advance notice. Special dietary needs will be communicated by Virginia Works within two (2) business days before the event.

G. Audio/Visual Needs:

A. Audio visual equipment will be needed in the conference room on Tuesday and Wednesday.

B. All equipment provided shall be in good working condition and Contractor shall inspect equipment at the beginning of each day to assure reliability.

C. Contractor shall maintain back-up equipment to substitute in case of failure within fifteen (15) minutes of notification from the agency conference staff.

D. Contractor shall have an A/V technician on site throughout the Conference.

E. Virginia Works, at its discretion, may use its own A/V equipment at no extra charge.

F. The following equipment is requested to be in the conference room and meeting rooms on Tuesday and Wednesday.

1. Podium with hook-ups for projections, internet, and PC

2. Three (3) microphones

3. Multi-channel analog audio mixer

4. Full dual projection package to include white screens

5. Wireless Mouse/Slide Advancer

6. HDMI/USB-C connection for laptop

7. Presenter clicker

8. Basic sound/speakers

9. Wireless Internet Services

H. Parking:

Contractor shall have adequate, complimentary parking adjacent or within close proximity to the facility for Conference participants. This includes acceptable parking accommodations for the physically disabled in compliance with the Americans with Disabilities Act (ADA). The Virginia Office of Protection and Advocacy (VOPA) provides ADA information at www.vopa.virginia.gov.

III. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

http://www.vopa.virginia.gov/

A. SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be as thorough and detailed as possible so that the agency may properly evaluate your capabilities to provide the required services listed in the Scope of Work.

1. Section 1: Required:

a. Cover Sheet- signed and filled out as required

b. State Corporation Commission Form

c. Vendor Data Form

d. Pricing Sheet

2. Section 2: Executive Summary and Other Requirements:

a. Offeror shall provide an Executive Summary which should include:

1. Firm’s legal name and address

2. Name, address, telephone number and e-mail address of the person(s) authorized to act on behalf of the Offeror

3. Name, address, telephone number, e-mail address and qualifications of the person (point-of-contact) managing the account and backup point-of-contact

b. Briefly explain the:

1. Benefits to Virginia Works of contracting with the Offeror’s firm to provide the goods and/or services described herein

2. Highlights of the major features of the proposal.

3. Requirements that cannot be met by the Offeror

c. The proposal must indicate that the Offeror agrees to all the terms contained in this solicitation.

Virginia Works will not make exceptions to the General Terms and Conditions or Special Terms and Conditions.

3. Section 3: A Written Narrative Statement that shall include:

a. Experience of your company in providing the goods and services.

b. Names, qualifications and experience of lead personnel to be assigned to perform the services

c. Description of the facility and services proposed with information pertaining to:

1) All features and amenities offered

2) Description of the premises

3) Description of the age and condition of facility

4) Travel/hotel AAA/Mobile or other rating(s) received

4. Section 4: Facility/Catering/AV Requirements:

a. Lodging/Conference Facility: Provide a detailed description of the specific plans for managing the Conference and providing the goods and services described herein to include the following:

1) Availability of desired Conference dates

2) Location of lodging/conference facility and ease of access/directions

3) A diagram of the conference space with capacity charts, identification of meeting rooms, etc.

4) Description of internal procedures for the lodging/conference facility for handling emergency situations and other irregularities (e.g., medical emergencies, power failures, equipment failures, etc.)

5) Description of security for the lodging/conference facility and guests

6) Description of lighting, ventilation, and sound quality in all meeting rooms

7) Description of known noisy/disruptive events, major repairs or construction scheduled during the

Conference dates

8) Availability of assistance for loading and unloading conference materials for Virginia Works event support staff, if needed

9) List of any preferred or mandatory vendors for the lodging/conference facility, if applicable

10) Availability, location and cost (if not complimentary) of parking for Conference participants

11) Number of available sleeping rooms, description of furnishings and amenities in the rooms and location of rooms

12) Names and descriptions of on-site restaurants, and proximity of restaurants/lounge areas to the sleeping rooms

13) Availability of sleeping rooms and other accommodations designed for special needs

14) Names and locations of other comparable lodging properties for overflow, if needed

15) Description of resolution procedures for guest complaints (e.g., reports of bed bugs or other insects, plumbing issues, heating/AC issues, etc.)

16) Description of property’s normal commercial practice for late arrivals, late checkout and cancellations

17) Description of “green” options for lodgers or any other environmentally friendly practices to be used in performance of the contract, including ‘reduce, reuse, and recycle’ initiatives

18) Availability, speed and cost (if not complimentary) of Internet in sleeping rooms, meeting rooms and common areas

19) Description of shuttle services and access to public transportation, if available

b. Catering

1) Proposed breakfast lunch and dinner menus and description of food and catering services for meals, to include portion, variety, ability to meet special dietary requests, as well as refreshments in meeting rooms. Virginia Works will select the menus.

2) Refreshments: The beverages should include but not be limited to coffee, decaf coffee, water, hot tea, iced tea, lemonade, soda, and diet soda. Hot water should be complimentary. The snacks should include but not be limited to fruit, cheeses, vegetables, cookies, granola bars and chips.

c. Audio/Visual

1) Listing of available A/V equipment, services, and packages

2) Availability of on-site technician(s)

d. Litigation

1) Disclose any information about pending legal proceedings or business litigation against your firm, any officer, or principal, and indicate the current status or disposition not to exceed two (2) pages.

e. Debarment

1) Statement verifying that neither the Offeror nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this procurement by any government department or agency. If the Offeror cannot make this statement, disclose and provide information not to exceed two (2) pages.

IV. EVALUATION, AWARD CRITERIA AND NEGOTIATIONS

A. EVALUATION CRITERIA: Each proposal will be evaluated for full compliance with the instructions to the

Offeror and the mandatory requirements and terms and conditions set forth within this document. The objective of the Evaluation Committee will be to recommend the Offeror(s) who is most responsive to the herein described needs of the agency.

All proposals received will be evaluated by the agency using the following criteria:

CRITERIA POINT VALUE

• Desired date availability 20

Overall Suitability of the Facilities and Services

• Lodging and In-Room Amenities

• Overall Property Amenities

• Food and Beverage Options

• Parking

• Internet

• Conference Space o Proposed General Session space o Proposed dining space

• On-site Audio/Visual Technician(s)

• Virginia Green certified facility

Proposed Pricing

• Lodging

• Conference Facility

• Food and Beverage

• Audio/Visual Equipment

Experience and Qualifications of Personnel Performing the Services

• Sales Manager/Conference Services Manager

• Catering Manager

• Facilities staff

• AV Technician(s)

Proposal Submission

• All Scope of Work (II) items addressed

• Proposal Prep and specific requirements (III) are met

• Math Errors

Total 100

V. REPORTING AND DELIVERY INSTRUCTIONS

A. Within three (3) business days of receiving Virginia Works’s Purchase Order, the lodging property shall provide the phone number for reservations, the group on-line reservation link, and the cut-off date for holding all rooms.

B. Reporting will be provided by Offeror to designated Virginia Works contact on a daily basis of which should consist of conference attendees checking in or checking out, space and equipment utilized, and services provided.

VI. SITE VISIT

A. Virginia Works may conduct a site visit of the Offeror’s facilities to assist in determining the suitability of the facility. A site visit will include inspection of the facilities and a tasting of the catered food options. Site visits will be scheduled after the receipt of the Offeror’s proposal at a mutually agreed upon date and time.

VII. GENERAL TERMS AND CONDITIONS

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

Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section

7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their (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.

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

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

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. 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, after due oral or written notice, may terminate this contract and procure all goods and/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.

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. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

S. 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 (www.eva.virginia.gov) for a minimum of 10 days.

T. 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.

U. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror 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.

V. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA

Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below;

failure to register will result in the bid/proposal being rejected.

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

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

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

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

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

• For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

http://www.eva.state.va.us/ http://www.eva.virginia.gov/

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.

Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Z. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to…