242-26-00056 Refuse & Recycling Services - Finalized.pdf

COMMONWEALTH OF VIRGINIA

REQUEST FOR PROPOSALS

(Sealed Proposals)

RFP 242-26-00056

REFUSE & RECYCLING SERVICES

DUE: Friday, May 1, 2026 at 2:00 PM EST

Erin Babcock, VCA VCO Contracting Officer

Phone: (757) 594-7033 Email: erin.babcock@cnu.edu mailto:erin.babcock@cnu.edu

COMMONWEALTH OF VIRGINIA

CHRISTOPHER NEWPORT UNIVERSITY

SEALED REQUEST FOR PROPOSAL (RFP)

Issue Date: April 1, 2026 RFP# 242-26-00056-EB

Title: Refuse & Recycling Services

Commodity Code(s): 91027, 92677, 95896, 97537

Issuing Agency: Commonwealth of Virginia

Christopher Newport University 1 Avenue of the Arts

Newport News, VA 23606-3072 Using Agency And/Or Location Where Work Will Be Performed: Christopher Newport University, 1 Avenue of the Arts Newport News, VA 23606-3072

Initial Period of Contract: Date of Award through July 1, 2027. Renewable for four (4) successive one-year renewal options for a combined total of five (5) years.

Sealed Proposals Will Be Received Until Friday, May 1, 2026 at 2:00 PM EST for Furnishing the Goods/Services Described Herein.

All Inquiries for Information Should Be Directed to: Erin Babcock, via Email at erin.babcock@cnu.edu.

Inquiries must be received no later than 2:00pm on Friday, April 24, 2026.

IF PROPOSALS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE, IF PROPOSALS ARE HAND

DELIVERED, DELIVER TO:

Christopher Newport University Office of Procurement Services

ATTN: Erin Babcock 321 Hiden Boulevard, Suite 100

Newport News, VA 23606

In compliance with this Request for Proposals (RFP) and all conditions imposed in this RFP, 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.

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:

OPTIONAL PRE-PROPOSAL CONFERENCE: An optional pre-proposal conference will be held at 9:00 AM EST on Friday, April 17, 2026, at 321 Hiden Blvd, Room 312 (3rd Floor), Newport News, VA 23606. If special ADA accommodations are needed, please contact Erin Babcock at erin.babcock@cnu.edu by Tuesday, April 14, 2026. Please bring a copy of the RFP to the conference.

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

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEEDS 3

A. GENERAL 3

B. REFUSE REQUIREMENTS 3

C. REFUSE REPORTING 4

D. RECYCLING REQUIREMENTS 5

E. RECYCLING REPORTING 6

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 7

V. EVALUATION AND AWARD CRITERIA 11

VI. GENERAL TERMS AND CONDITIONS 11

VII. SPECIAL TERMS AND CONDITIONS 17

VIII. METHOD OF PAYMENT 22

ATTACHMENTS:

Attachment A – PRICING SCHEDULE

Attachment B – CONFLICT OF INTEREST STATEMENT

Attachment C – OFFEROR DATA SHEET

Attachment D – STATE CORPORATION COMMISSION FORM

Attachment E – SMALL BUSINESS SUBCONTRACTING PLAN

Attachment F – PROPRIETARY & CONFIDENTIAL INFORMATION FORM

Attachment G – CONTRACTOR BACKGROUND CERTIFICATION

Attachment H – MAP OF CURRENT CONTAINER PLACEMENT

Attachment I – CAMPUS MAP

Note: Attachments A-G must be submitted with proposal.

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations seeking a qualified offeror(s) to provide collection and disposal services of refuse and recyclable materials for Christopher Newport University (CNU), an institution of higher education of the Commonwealth of Virginia. The contract shall be for a period of one (1) year with the option to renew for four (4) successive one (1) year periods for a combined total of five (5) years. It is the intent of this solicitation and resulting contract(s) to allow for cooperative procurement by VASCUPP members and other institutions.

II. BACKGROUND

A four-year public university in Newport News, Virginia, Christopher Newport University enrolls 5,000 students in rigorous academic programs in the liberal arts and sciences through the College of Arts and Humanities, the College of Natural and Behavioral Sciences, the College of Social Sciences, and the Luter School of Business. CNU offers great teaching and small class sizes with an emphasis on leadership, civic engagement and honor. For more information about CNU, visit www.cnu.edu.

III. STATEMENT OF NEEDS

A. GENERAL:

The contractor shall provide all labor, tools, equipment, materials, supervision, and containers such as compactors, roll-offs, and front load dumpsters along with the appropriate hauling service frequency necessary for the complete and satisfactory performance of collection and hauling of municipal solid waste (MSW) and both mixed single stream recycling (SSR) and source separated recyclable materials from all of CNU on and off campus locations for disposal at a State approved facility such as a sanitary landfill, incinerator, and/or Material Recovery Facility (MRF). CNU reserves the right to make multiple awards.

CNU currently contracts services for 32 refuse and recycling containers which are on campus year-round, and may right-size and adjust the number of containers and pickups as needed. The current inventory includes:

Refuse Inventory:

1. (22)-8 cubic yard front load containers for MSW with 107 scheduled pick-ups per week.

2. (3)- 4 cubic yard front load dumpster for MSW with 5 scheduled pick-ups per week

3. (1) 6 cubic yard front load dumpster with a vertical compactor (VIP) unit for MSW with 3 scheduled pick-ups per week [*university owned unit]

4. (2)-30 cubic yard open top containers (on call).

5. (2)-34 cubic yard horizontal trash compactors with preference to connect to a pressure gauge for auto pick-ups if offered; these are expected to be serviced once every 1-2 weeks for each compactor. Any maintenance/PM regarding these units will be provided by the contractor. [*university owned units]

6. Temporary roll-off containers shall be available for move-in/out and seasonal events, with up to 10 containers needed at one time. Timely placement should be coordinated with the appropriate CNU contact with April, May, August, and September being the business months for student move-in/out.

Recycling Inventory:

7. (9)-8 cubic yard front load dumpsters for mixed / single stream recycling (SSR) with 40 weekly pickups

8. (2)- 4 cubic yard dumpsters for mixed / single stream recycling (SSR) with 6 weekly pickups http://cnu.edu/artsandhumanities/index.asp http://cnu.edu/naturalandbehavior/index.asp http://cnu.edu/naturalandbehavior/index.asp http://cnu.edu/socialsciences/index.asp http://cnu.edu/schoolofbusiness/index.asp http://www.cnu.edu/

9. (1) 6 cubic yard front load dumpster with vertical compactor (VIP) unit for mixed / single stream recycling (SSR) with 3 scheduled pick-ups per week [*university owned unit]

10. (1)- 34 cubic yard cardboard recycling horizontal compactor with pickups on call; pressure gauge for auto pickups preferred if offered

11. Temporary recycling roll-off containers for events and move in/out; move-in / out is source separated cardboard; please also state options for mixed recycling roll-offs along with source separated

B. REFUSE & RECYCLING REQUIREMENTS:

1. The contractor is required to provide all Municipal Solid Waste (MSW) and Single Stream Recycling (SSR) dumpsters.

All dumpsters shall be suitable for immediate installation at existing locations without the need for modifications to the location and in excellent standing.

2. All MSW and SSR containers will be picked up by the Contractor on the scheduled pick up days.

3. Dumpsters shall be painted annually or as required to maintain a professional appearance. MSW and SSR dumpsters shall be painted different colors to make it easy to distinguish them. Contractors are required to uniquely label dumpsters with location identifiers. Recycling dumpsters shall be painted a standard blue color and labeled for recycling with items accepted. In addition, graphics of accepted items along with words for accepted items should be visible and displayed on the recycling dumpsters.

4. Dumpsters shall be properly inspected prior to the beginning of each semester. These inspections should be performed in coordination with the sustainability specialist and must be completed within the first two weeks of August and within the first two weeks of December. Inspections should ensure paint, labels, lids, and container structure are in proper condition and properly cleaned. Additional maintenance shall be provided by the Contractor at no additional cost as concerns are noticed by Contractor or CNU staff. Contractors are requested to uniquely label trash dumpsters with location identifiers and as a separate color from recycling, which is a standard blue color.

5. The Contractor will work collaboratively with processing facilities to identify contamination issues related to CNU-generated recyclables. The contractor shall provide feedback to CNU on contamination issues.

Note: Most waste in the MSW front load dumpsters are in dark bags and waste in SSR dumpsters are in clear bags.

The Contractor will be responsible for advising CNU if the bags being used are acceptable within their processing facilities.

6. The Contractor shall provide a single point of contact to act as a CNU liaison and handle issues related to the contract.

The contact person must hold a position that allows him/her to take appropriate action for immediate problem resolution. If for any reason the representative is not available (vacation/illness), the Contractor shall provide the name, e-mail address and phone number of an alternate point of contact to the Contract Administrators.

7. The Contractor will inform CNU of any changes in the routine schedule due to holidays, weather or other factors.

8. All extra pick-ups and roll-off pulls will be completed within 24 hours of request by the University (unless agreement is made with CNU to occur outside that time frame).

9. All units must have operable, tight-fitting lids and meet the sanitation and storm-water standards established by the Commonwealth of Virginia.

10. ALL waste is to be removed from the dumpsters and surrounding area. The dumpsters are to be left level and within the space assigned. Dumpsters are to be left with tops and/or sliding doors closed after emptying. The driver shall physically leave the truck to close lids on opened dumpsters and enclosure doors as applicable.

11. The Contractor must close all gates when leaving each dumpster site.

12. Dumpsters shall not leak or be unsightly. Drain holes on dumpsters and trucks shall be plugged or sealed to prevent leakage. Contractor shall clean up any spills from their equipment promptly and are responsible for any illicit discharges that may enter the storm drain system.

13. ANY damage done to university property by the Contractor’s personnel or vehicles shall be repaired promptly at no additional charge to the University. All repairs to dumpsters and compactors shall be done within 24 hours of notification.

14. The Contractor shall coordinate the initial installation of new dumpsters by location in collaboration with a CNU representative and the current Contractor to ensure no interruption of trash collection services to CNU.

15. The Contractor shall provide support to Contract Administrators regarding the starting, stopping and/or altering of services, such as right-sizing dumpsters or adjusting pull schedule. The Contractor shall work collaboratively with CNU staff to identify opportunities to reduce waste, increase recycling, and reduce contamination.

16. The Contractor shall inform Contract Administrators as to the landfill and/or incineration locations of the waste, and alert of any changes to the locations throughout the term of the contract.

17. The Contractor must be able to provide service/repairs to the (2) trash compactors. If a compactor goes down, CNU requires a response to troubleshoot/repair within 2 hours after reporting the issue.

18. The Contractor shall provide a tarp option for all roll-off dumpsters that can be secured using bungee straps. These tarps must be removed before dumping and reinstalled after returning the dumpster. Tarps should be replaced as needed on all permanent dumpsters.

C. REFUSE & RECYCLING REPORTING:

1. The Contractor shall provide monthly weight data reports for all total refuse and recycling. Weights reported should be actual weights by the ton when possible (such as for roll-off dumpsters and compactors) and/or an estimation based on EPA volume to weight conversion standards and the observed fullness at pickup when exact weights are not feasible (such as front-load dumpsters). Contractors should convey the feasibility and calculation methods used for providing estimates and have further discussion with CNU to reach a mutually beneficial agreement regarding a sample duration each semester to record observed fullness levels for reporting and right-sizing.

2. Refuse and recycling weight reporting should be included on all invoices and emailed to the Contract Administrators within 10 days of the reporting month’s end.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

A. GENERAL INSTRUCTIONS:

1. RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. One

(1) original, six (6) full copies, and one (1) redacted copy of each proposal must be submitted to the issuing agency.

One (1) USB in .pdf format of the entire proposal and one (1) redacted USB in .pdf format (marked redacted) of each proposal must be submitted to the issuing agency. The redacted version of the proposal must have all proprietary information deleted that has been marked as proprietary. Section numbers which are redacted should be identified as follows: Example: Section 3, paragraph B: “Redacted.” The redacted version of the proposal must be carefully edited, altered, and refined by the Offeror in order to protect and maintain complete confidentiality of protected information.

Christopher Newport University will not accept responsibility for any public disclosure of proprietary information that is a result of improper redaction by the offeror. No other distribution of the proposal shall be made by the Offeror.

2. Proposal Preparation:

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

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

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

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements.

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

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

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

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal.

This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

B. SPECIFIC PROPOSAL REQUIREMENTS:

Offerors can submit a proposal for one or both of the services indicated in the RFP (refuse and/or recycling).

EACH SERVICE IS TO BE SUBMITTED WITH A SEPARATE PROPOSAL. EACH PROPOSAL WILL BE

EVALUATED INDEPENDENTLY.

Proposals should be as thorough and detailed as possible so that the CNU proposal evaluation team may properly evaluate the Offeror’s capabilities to provide the required services. Offerors are required to submit the following items, separated by tabs within the proposal and in sequential order corresponding to the related sections of this RFP:

TAB 1: RFP and Addenda Return the RFP cover sheet (page 2), and all addenda acknowledgments, if any, signed and filled out as required.

TAB 2: Qualifications and Experience of Offeror

1. Organizational Structure

a. Provide a written narrative statement of the firm’s organizational structure and history, locations, including the principals and their background.

b. Detail the ownership structure and other relevant information regarding the firm.

c. Include the legal name and address and the legal form of the company (partnership, corporation, joint venture, etc.)

d. If proposing in a joint venture, then identify all members of the joint venture and provide all information required within this section for each member of the venture.

e. If the company is a wholly-owned subsidiary of a "parent” company, then it must provide all information required on both firms.

f. In all cases, provide the address of affiliates, subsidiaries or satellite service locations that will be used to support this project.

2. Demonstrated Knowledge and Experience

a. Provide a detailed narrative describing your firm’s qualifications and background providing the types of

Services delineated in this RFP.

b. Describe specialized experience and capabilities delivering the types of Services required in the Statement of Needs, along with demonstrated knowledge and experience as in the Services and outlined herein.

c. Describe firm’s experience implementing and providing the Services described herein for other clients, together with cost savings associated with implementing new, innovative and/or creative products, solutions, and practices, as described in the RFP.

d. Describe the complete range and variety of commercial and office products and services the firm can provide, relating to this particular Service.

TAB 3: Plans for Providing Services

Offerors shall submit a comprehensive Proposal that thoroughly depicts all of their capabilities, qualifications, resources, plans, and processes that successfully enables fulfillment of the requirements and objectives depicted in Section III, entitled “Statement of Needs.” At a minimum, an Offeror should address in separate and distinct sections, each of the following topics to describe the company’s approach for providing the services and each of the requirements stated in Section III, entitled “Statement of Needs,” and should also specifically address each of the following, if applicable:

1. Approach - Describe the firm’s approach to provide a solution for the Commonwealth’s service requirements and objectives described under Section III, entitled “Statement of Needs.”

2. Roles and Responsibilities

a. Identify name, title and position of individual(s) who will be responsible for implementing services and overall management of potential contract and Services.

b. Identify and describe the role of any other individuals involved; the individual who will be the primary day-to-day contact for CNU, with resumes for key personnel.

3. Sustainability

a. State how you will develop a partnership approach to managing recycling and garbage hauling services and help CNU achieve its goals of reducing waste generation and diverting 50% of the waste stream from the landfill.

b. Describe your commitment to the use of alternative fuels in your fleet. Specifically, how many gallons (or applicable unit) of which alternative fuels per year will your firm commit to using in your local fleet during the life of this Contract? Communicate this commitment in total annual gallons (or applicable units) of which fuels and as a percentage of your total annual fuel consumption from your firm’s local metro area fleet.

c. Describe your firm’s idling reduction policy, including allowable timeframes and activities by type of vehicle.

Explain how this policy is communicated to drivers and monitored/enforced.

d. Describe your approach to service route planning to optimize fuel efficiencies.

TAB 4: Reporting Requirements

1. Describe your firm’s capability and experience in providing monthly weight reports on refuse and/or recycling streams as described under Section III, entitled “Statement of Needs”. Please provide an example of a monthly service report.

2. Describe how your company will identify and report recycling contamination issues.

TAB 5: Operations

1. Describe your company’s environmental and safety programs that apply to managing risks associated with the primary contractor function.

2. Describe the methodology you propose for conducting a volume-to-weight ratio.

3. Describe how your company will implement the practice of right-sizing containers to ensure an efficient hauling system and that the University is getting the maximum use and service of each container.

4. Will your company allow CNU to utilize instructional signage and identification markers on all containers? For example, front end containers may have a container number and CNU’s sustainability messaging. In regards to accepted material graphics with words on recycling dumpsters, these shall be provided by the hauler.

5. Does your company provide a full 24-7 emergency contact for incident response such as a hydraulic leak or truck accident?

a. If so, what is your response time expectation for emergency response?

b. Does your company provide all maintenance, repairs and area restoration from incidents?

6. Describe the safety training your company’s drivers receive.

7. Describe any safety measures or technology installed on your trucks to prevent accidents from occurring.

a. What safety equipment is installed in your trucks for emergencies (i.e. chemical spill kits, first aid kits, portable fire extinguisher, roadside emergency kit, and personal protective equipment for the driver)?

8. What local landfill(s) and/or incinerators (steam plants) will you use for disposal of MSW? With what frequency will incinerators be used vs. landfills?

9. What facilities will you use in processing the Universities’ recyclables? What items will you accept?

10. Does your company have an on-board scale installed on trucks to provide weights to the driver?

TAB 6: References – Attachment C – Vendor Data Sheet

For the primary and/or any proposed subcontractors provide a list of at least four (4) current or recent clients for whom the Offeror has provided services in the past. For each, provide the name of the client entity and a current contact name with telephone number and email address. Provide a minimum of three (3) references. Preferably, these references would have active accounts maintained over the past two (2) years. Complete and submit Attachment C, entitled “Vendor

Data Sheet” with response.

TAB 7: Proposed Price - Attachment A (Separate Attachment)

Provide proposed pricing in the format provided in Attachment A, entitled “Pricing Schedule”. As previously stated, proposed pricing must be complete and comprehensive for all proposed services, be comprised of leading-edge business processes and practices, comparably more effective and efficient than any currently held state or public body contract and consist of pricing that is extremely aggressive.

TAB 8: Additional Required Attachments

1. Conflict of Interest Statement, Attachment B, included in the RFP.

2. State Corporation Commission Form, Attachment D, included in the RFP.

3. Small Business Subcontracting Plan, Attachment E, included in the RFP.

4. Proprietary & Confidential Information Form, Attachment F, included in the RFP.

5. Contractor Background Certification, Attachment G, included in the RFP.

V. EVALUATION AND AWARD CRITERIA

A. EVALUATION CRITERIA: Each service is to be submitted with a separate proposal. Each proposal will be evaluated independently. Proposals shall be evaluated by Christopher Newport University using the following criteria:

Criteria Point Value

Approach to Providing the services and ability of the Offeror to deliver services detailed in the Statement of Needs (Tab 3)

30 points

Pricing Structure (Tab 7)

30 points

Experience and Qualifications of the Offeror to provide the services (Tab 2)

25 points

Reporting Capability (Tab 4)

5 points

References of current clients (Tab 6) 5 points

Small Business Subcontracting Plan 5 points

Total Points Possible

100 Points

Pricing will be evaluated objectively. All Pricing will be summed up for each of the services and evaluated separately (Municipal Solid Waste (MSW)/Refuse, Single Stream Recycling (SSR)).

For each service type, CNU will compute the total of 30 points for pricing with the following formula:

Lowest Price Offered = % Factor X Maximum Available = Points Price of Offer being Evaluated Points (15) Assigned

B. AWARD TO MULTIPLE OFFERORS: Selection may be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VI. GENERAL TERMS & 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 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 “Vendors Manual” on the vendors tab.

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 proposals, 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 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, 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.

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

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

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates http://www.eva.virginia.gov/ 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.

e. 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 IFBs AND RFPs:

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 offeror has questions about the specifications or other solicitation documents, the prospective 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 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.

Q. TAXES: INTENTIONALLY OMITTED

R. USE OF BRAND NAMES: INTENTIONALLY OMITTED

S. TRANSPORTATION AND PACKAGING: INTENTIONALLY OMITTED

T. INSURANCE: By signing and submitting a proposal under this solicitation, the 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 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…