2027 IFB HQ Cleaning_Final_Addendum 1.pdf

Commonwealth of Virginia Department of Forestry

INVITATION FOR BIDS

(IFB)

Issue Date: October 13, 2026 IFB# DOF27: 129924

Title: Department of Forestry Headquarters Janitorial Services

Commodity Code: 91039

Issuing Agency: Commonwealth of Virginia

Department of Forestry

900 Natural Resources Drive, Suite 800

Charlottesville, VA 22903

Location Where Work Will Be Performed: 900 Natural Resources Drive, Suite 800, Charlottesville.

Contract Period: From date of contract ratification – November 20, 2027 with four

(4) optional one (1) year renewals. See Section IV paragraph K.

Sealed Bids Will Be Received until 2:00 PM local time, November 17, 2026, for furnishing the goods/services described herein and then opened in public. Late bids will not be accepted.

All Inquiries for Information Should Be Directed To: Thomas Baumann, Procurement Officer at thomas.baumann@dof.virginia.gov.

Bids may be submitted electronically to the VBO, mailed, or hand delivered. As this is a sealed bid, no other method of submission is acceptable. Late bids will not be considered. All bidders must be eVA registered. Instructions for electronic bid submission are linked here.

Please contact eVA Customer Care for assistance: (866) 289-7367

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

Name And Address Of Firm:

Date:___________________________________

______________________________________________________ By:_____________________________________

(Signature In Ink or Certified Electronic) eVA Vendor ID:

Name:__________________________________

E-mail Address: (Print)

Telephone Number: Title:___________________________________

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

mailto:thomas.baumann@dof.virginia.gov https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-ifb.pdf

Instructions for submission: For your bid to be considered, complete all of the following steps:

1. Fill all applicable fields and sign page 1 of this IFB.

2. Complete ATTACHMENTS A, B, C and D *Pages 20 through 24 of this IFB. (Contracts listed on the Vendor Data sheet must include janitorial.)

3. Submit all documents, as your bid, electronically to the VBO posting.

TABLE OF CONTENTS FOR IFB #DOF27: 129924

PAGE

I. PURPOSE…………………………………………………………………………………………………….…….4

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)……………………………………….….4

III PREBID CONFERENCE……………………………………………………………………………………….…..10

IV. GENERAL TERMS AND CONDITIONS…………………………………………………………………………10

V. SPECIAL TERMS AND CONDITIONS…………………………………………………………………………..16

VI. METHOD OF PAYMENT…………………………………………………………………………………………18

VII. ATTACHMENTS…………………………………………………………………………………………………..29

I. PURPOSE: The Virginia Department of Forestry (DOF) seeks a qualified contractor to furnish all labor, supervision, and transportation for routine and periodic custodial services at its headquarters office building.

Facility: James W. Garner Building (DOF Headquarters), 900 Natural Resources Drive, Suite 800, Charlottesville.

II. SCOPE OF WORK:

1. Summary:

The Contractor shall provide all custodial labor and supervision needed to clean DOF headquarters. The work shall meet the task frequencies and acceptance criteria in this scope. All routine requirements, including supervision and correction of deficient work, shall be included in the routine service price.

Covered areas shall be limited to the offices, meeting rooms, corridors, reception areas, restrooms, breakrooms, stairs, elevators and entrance zones. The street address alone does not define the contract boundary.

2. Operating Schedule:

Daily cleaning is required; Monday through Friday, 6:00 p.m. to 11:00 p.m., excluding the holidays and planned closures. “Each service visit” means each scheduled cleaning day. Weekly tasks are due once each service week; monthly tasks once each calendar month.

Work shall be complete and surfaces dry before the next scheduled occupancy. Periodic work shall occur during an approved unoccupied period. The Contractor shall submit the proposed periodic schedule within 10 business days after award and obtain approval at least five business days before each occurrence. Scheduling approval does not change quantities, prices or scope.

Staff may remain in the building after business hours, including during incident operations. The Contractor shall coordinate access with the designated DOF representative and avoid disrupting occupied meetings. A denied-access area shall be logged and reported by the next business morning. Rescheduling and payment adjustments shall follow Section 10.

3. Site Walkthrough and Condition Report:

Before the first service, the Contractor and DOF shall walk the covered areas, document existing stains and damage, verify storage and disposal locations, and review access and emergency procedures. Existing damage shall not relieve the Contractor of ordinary cleaning duties.

4. Definitions:

Term Meaning

Agency / DOF Virginia Department of Forestry

Contract Administrator (CA) DOF employee designated to monitor performance, approve schedules and accept work

Daily Each scheduled service day, Monday–Friday, excluding state holidays

Weekly / Monthly / Quarterly / Semi-annually /

Annually

Once per calendar week / month / quarter / six months / contract year, on a schedule approved by the CA

Clean Free of dust, dirt, litter, smudges, streaks, spots, stains, film, odors and residue, as visible from normal standing height

Disinfect Applying an EPA-registered disinfectant per its label, including required dwell time

High-touch surfaces Door handles and push plates, light switches, elevator buttons, handrails, faucets, flush valves, dispensers, shared equipment

Term Meaning

High dusting Dusting surfaces above 70 inches: vents, diffusers, light fixtures, ledges, tops of partitions and tall cabinets

Spot clean Removing marks and spills from a localized area without cleaning the entire surface

Deficiency Any task not performed, or not performed to the standard in this SOW

5. Required Tasks & Frequency Schedule

The Contractor performs every task below at no less than the stated frequency; these are minimums, and areas must meet the Section 8 standard at all times.

A. Daily (each service night)

i. Empty all trash and recycling containers in every office, workstation, conference room, breakroom, restroom and common area; replace liners; take to the designated dumpster/recycling area.

ii. Clean, disinfect and restock all restrooms (Section 6.1).

iii. Clean breakrooms and kitchenettes (Section 6.2).

iv. Disinfect high-touch surfaces throughout.

v. Vacuum all carpeted traffic lanes, entrances, corridors and walk-off mats; spot-clean carpet stains.

vi. Dust-mop and damp-mop all hard floors in lobbies, corridors, restrooms and breakrooms.

vii. Clean and sanitize drinking fountains and bottle fillers.

viii. Clean entrance doors, glass, sidelights and lobby glass of fingerprints and smudges.

ix. Wipe conference tables, reception counters and lobby furniture; straighten chairs.

x. Clean elevator cab interiors, doors, tracks and buttons (if in scope).

xi. Police and sweep within 10 feet of building entrances; empty exterior trash and ash receptacles.

xii. Report maintenance problems (leaks, burned-out lights, damage, pests) on the CA log.

B. Weekly

i. Vacuum all carpeted areas wall to wall, including under desks where clear, and edges.

ii. Dust all reachable horizontal surfaces up to 70 inches: desks (clear areas only), file cabinets, shelves, sills, partitions, pictures and frames.

iii. Spot-clean walls, doors, door frames, switch plates and partition glass.

iv. Polish stainless steel and brightwork; clean handrails and stairwells.

v. Damp-wipe chairs and table legs in conference and break areas.

vi. Spray-buff or burnish hard floors in lobbies and main corridors.

C. Monthly

i. High-dust surfaces above 70 inches: ledges, tops of tall cabinets, door frames; remove cobwebs.

ii. Dust and wipe air vents, diffusers and return grilles.

iii. Wash all trash and recycling receptacles inside and out.

iv. Clean baseboards and corners; remove floor-finish buildup at edges.

v. Vacuum upholstered furniture.

vi. Damp-wipe telephones and shared office equipment exteriors (no internal parts).

D. Twice monthly

i. Machine-scrub restroom floors and wall tile; flush floor drains.

E. Quarterly

ii. Hot-water extraction of carpet traffic lanes, entrances and breakrooms.

iii. Scrub and recoat VCT/resilient floors in high-traffic areas.

iv. Clean light fixture lenses and remove insects.

v. Wash walk-off mats (if Agency-owned) and clean interior trash/recycling staging areas.

F. Semi-annually

i. Hot-water extraction of all carpeted areas, wall to wall (first cleaning within 90 days of award).

ii. Clean vertical blinds and mini-blinds in place.

G. Annually

i. Clean interior windows, sills and interior side of exterior windows. Exterior window washing, if wanted, is bid as an optional line item.

ii. Deep-scrub restroom ceramic tile and grout; reseal grout.

iii. Steam- or extract-clean upholstered chairs and furniture.

H. As needed / as requested

i. Clean up after events, meetings and spills.

ii. Additional services, billed at bid hourly or per-square-foot rates only with a DOF purchase order issued in advance.

6. Area Specifications

I. Restrooms (daily)

i. Clean and disinfect toilets, urinals, seats (both sides), sinks, faucets, flush valves and counters;

descale as needed.

ii. Clean mirrors, dispensers, partitions, stall doors, latches, grab bars and entry doors.

iii. Sweep and wet-mop floors with disinfectant, paying attention to toilet bases, corners and under dryers.

iv. Empty trash and sanitary napkin receptacles; replace sanitary liners.

v. Restock toilet tissue, paper towels, hand soap and seat covers so dispensers are full at the start of each business day.

vi. Replace urinal screens and deodorize as needed.

vii. Restrooms must be free of odor and must pass a black-light (UV) check for urine residue on fixtures and floors.

J. Breakrooms and kitchenettes (daily)

i. Empty trash, recycling and compost (if provided).

ii. Clean and sanitize sinks, counters, tables, chairs and backsplashes.

iii. Wipe exteriors of refrigerators, microwaves, coffee makers, ice/water machines and vending machines; clean microwave interiors.

iv. Sweep and damp-mop floors.

v. Restock paper towels and hand soap.

vi. Refrigerator interiors are cleaned only on the schedule set by DOF (e.g., the last Friday of each month), after staff notice.

K. Trash and recycling (daily)

i. Collect trash from every office and workstation each service night, including deskside bins and shredder bins that are not secure-shred consoles.

ii. Replace liners whenever soiled or torn; otherwise reuse is allowed for dry-waste deskside bins only if

DOF approves.

iii. Keep recycling (paper, cardboard, bottles and cans) separate from trash; never combine streams.

Break down cardboard.

iv. Do not remove items not clearly marked as trash. Never handle locked confidential-shred consoles.

v. Leave containers clean, odor-free and in their original locations.

L. Floor care (daily) i.Carpet: free of lint, debris, loose strands and visible soil after vacuuming; HEPA or CRI Seal of Approval vacuums required. Extraction follows the frequencies in Section 5.

ii.Hard floors: free of dust, dirt, scuffs, streaks and mop marks; uniform gloss after burnishing.

iii.Post wet-floor signs whenever floors are wet. Finished floors must meet slip-resistance standard ASTM

D2047 (0.5 coefficient of friction).

7. Contractor Responsibilities

A. Staffing and supervision

i. Provide enough trained staff to complete all work each night; DOF measures results, not hours.

Bidders state proposed staffing and labor hours per night on the Pricing Schedule.

ii. Designate a Site Supervisor with at least 3 years of commercial janitorial supervision experience who speaks, reads and writes English. The supervisor (or a working lead) is on site every service night and carries a phone that DOF can reach during service hours.

iii. The supervisor inspects the facility at least twice weekly and meets with the CA monthly for a joint walk-through.

iv. Fill any vacancy or absence the same night; give the CA a written staff roster and update it within 24 hours of any change.

v. All workers are Contractor employees. Subcontracting is allowed only for carpet extraction, floor refinishing and windows, with the CA's prior written approval.

vi. Pay at least the current Virginia minimum wage and comply with all federal and state labor laws, including E-Verify where required by Code of Virginia § 2.2-4308.2.

B. Background checks and conduct

i. Before anyone works on site, the Contractor obtains, at its expense, a Virginia State Police criminal history check and a national criminal background check and verifies work eligibility. Checks are repeated annually.

ii. DOF may require fingerprint-based checks and may deny or revoke site access for any individual, for any lawful reason.

iii. Staff wear a Contractor uniform with company name and a visible photo ID badge at all times.

iv. Staff may not read, move or disturb papers, open desk drawers or files, use DOF phones, computers or equipment, eat outside breakrooms, or admit anyone into the building. Only assigned staff may be on site; no family members, children or visitors.

v. Report any arrest or conviction of an assigned employee to the CA within 5 days.

C. Keys, access cards and security

i. DOF issues keys and access cards to named staff only, logged on a signed key-control form.

ii. Lost keys or cards are reported to the CA immediately. The Contractor pays to re-key locks or replace cards lost by its staff.

iii. Contractor/staff must never prop open doors or disable alarms. Lock all doors and set alarms at the end of each shift per DOF procedures.

iv. Contractor must report any security incident, damage or suspicious activity to the CA by the next business morning (immediately to 911 if an emergency).

D. Supplies and equipment

i. Contractor provides: all labor, equipment, and PPE.

ii. DOF provides: toilet tissue, paper towels, hand soap and seat covers, cleaning chemicals, floor finish, trash and recycling liners, sized to fit DOF's existing dispensers.

iii. Keep janitorial closets clean, orderly and locked. DOF is not responsible for Contractor equipment stored on site.

E. Training and safety

i. Train staff before assignment in the work required, chemical safety (OSHA Hazard Communication), bloodborne pathogens, equipment use and DOF security procedures. Keep training records available for CA review.

ii. Comply with VOSH and OSHA regulations.

iii. Repair or pay for any damage to DOF property caused by Contractor staff.

8. Quality Control and Performance Standards

DOF is the sole judge of acceptable quality; work that fails the standards below is a deficiency and is corrected at no cost or deducted from payment.

A. Contractor Quality Control Plan

i. Submit a written QC Plan, a facility-specific nightly checklist and a periodic-work calendar within

10 days of award, for CA approval before work starts.

ii. Inspections are performed by the supervisor, not the worker who did the task. Signed inspection reports go to the CA within 24 hours.

iii. Keep a sign-in/sign-out log and a completed nightly checklist in the janitorial closet, available to the

CA at all times.

iv. Submit the quarterly periodic-work calendar 30 days in advance.

B. DOF inspections and correction times

The CA may inspect at any time and records deficiencies in a written or e-mailed Deficiency Notice.

Deficiency Correction deadline

Health or safety issue (bodily fluids, spills, flooding, restroom out of supplies)

2 hours from notice during business hours

Routine daily task missed (trash not emptied, restroom not cleaned)

Before 9:00 a.m. next business day, or the next service night if reported after hours

Weekly or monthly task not met Within 2 service nights

Periodic task (floors, carpet, windows) not met Within 10 business days, re-done at Contractor's cost

9. Agency Responsibilities

DOF will provide:

i.Keys, access cards and alarm codes for approved Contractor staff.

ii.Lockable janitorial closet(s) with water, drains and electricity, at no cost.

iii.Dumpster and recycling container service (hauling is not part of this contract).

iv.A designated Contract Administrator and an alternate, plus advance notice of holidays, closures, events and occupancy changes.

v.Cleaning products.

vi.Toilet tissue, paper towels, hand soap and liners only if Section 7.4 assigns them to DOF.

vii.Repairs to building systems, plumbing and fixtures reported by the Contractor.

10. Bidder Qualifications, Insurance, Site Visit and Pricing

A. Bidder qualifications (submit with bid)

i. At least 3 years in business providing commercial janitorial services as evidenced by the references submitted on the Vendor Data Sheet. (Attachment B)

ii. Four references from current or recent contracts (within 3 years) for office facilities of similar size, with contact name, phone, e-mail and square footage. Government references preferred. References should be submitted via the Vendor Data Sheet. (Attachment B)

iii. Proposed staffing plan: number of staff, nightly labor hours, and the Site Supervisor's name and résumé.

iv. Registration in eVA and with the Virginia State Corporation Commission (or exemption explanation); SWaM certification number, if any. DOF encourages small, women- and minority-owned businesses. (Attachments A and C)

B. Insurance

Before work commences, the Contractor must provide a certificate naming the Commonwealth of Virginia

Department of Forestry as the additional insured (except workers' compensation.)

11. Contractor Requirements

i. GENERAL: Contractor agrees to furnish all labor, supervision, insurance, and equipment in accordance with the terms and specifications of this solicitation.

ii. SUB-CONTRACT: No portion of this work shall be sublet to subcontractors without first securing written consent of the Department.

iii. Consent by the Department to any such subletting shall not relieve the Contractor of full responsibility and liability for the work to be performed by the subcontractor.

iv. INDEPENDENT CONTRACTORS: The Contractor, their employees and agents are not to be, at any time, considered servants, agents, or employees of the Commonwealth of Virginia, nor any department or division thereof, but instead are considered to be independent contractors.

v.

The Contractor agrees to comply with all laws, rules, and/or regulations applicable to the safe performance of such work, including the generality of the foregoing, Public Law 91-596, Title

"Occupational Safety and Health Act of 1970."

vi. CONTRACTOR RIGHTS: The Contractor reserves the right to halt operations when the Department or one of its representatives fails to meet their responsibilities as outlined in this agreement.

12. Department Responsibilities

i. INGRESS AND EGRESS: The Department will allow right of ingress and egress for all employees, materials and equipment of the Contractor necessary to render the services outlined herein.

III. PREBID CONFERENCE: MANDATORY PREBID CONFERENCE:

A mandatory prebid conference will be held at the DOF headquarters building at 11am, Monday, November 2, 2026.

The purpose of this conference is to allow potential bidders an opportunity to view the cleaning areas, present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the scope of work and requirements of this solicitation, attendance at these conferences will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at these conferences.

Please RSVP to Thomas Baumann, Procurement Officer at Thomas.Baumann@dof.virginia.gov by 5:00pm on

October 30, 2026.

Late arrivals will not be admitted.

Any changes resulting from this conference will be issued in a written addendum to the solicitation.

IV. GENERAL TERMS AND CONDITIONS:

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

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual.

(Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at 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.

mailto:Thomas.Baumann@dof.virginia.gov http://www.eva.virginia.gov/

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 as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid;

however, the Commonwealth reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective (bidder/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. 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.

c. 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.

d. 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 contract under this solicitation is hereby obligated:

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

(ii) 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 dispute’s 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 procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

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T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder 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 insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

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

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

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA VBO

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

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

During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the

Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

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

X. 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 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 Business: 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.

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.

Y. 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.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

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

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

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

BB. 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 http://www.eva.virginia.gov/ file:///C:/Users/gmf87213/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/3CSQTVCA/www.eVA.virginia.gov 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.

CC. 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 this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

DD. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the

Commonwealth of Virginia a continuous supply of the identified goods and/or services.

EE. FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime