704-23161B - Facility Duress & Access Controls Services.doc

2 | Page #704-23161

EASTERN STATE HOSPITAL

4601 Ironbound Road

Williamsburg, Virginia 23188 Invitation For Bids # 704-23161 Facility Duress & Access Controls Services Bids can be submitted through RFx ID# 127905 Issue Date: 9/4/2026 Electronic Bids Shall be Received Until 9/25/2026 at 3:00 PM Local Time ALL BIDS SUBMISSIONS ARE TO BE UPLOADED VIA THE eVA PORTAL FOR CONSIDERATION TO THIS SOLICITATION. NO MAILED, FAXED, OR HAND-DELIVERED SUBMISSIONS WILL BE ACCEPTED:

Bids are not allowed to be received after the appointed date and time and therefore will not be considered for an award. The time of receipt shall be determined by the electronic time uploaded into eVA. Bidders have the sole responsibility for assuring that bids are entered in their entirety by the designated date and time.

Bidders must be registered in eVA in order to submit and upload an electronic bid within eVA. The following are instructions for submitting an electronic bid:

1. Go to https://eva.virginia.gov/;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and

4. Click on Viewing and Responding to Solicitations. If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time.

All inquiries for information in reference to the contents of this solicitation should be directed to: brian.frost@dbhds.virginia.gov. Contacting anyone else may be cause for finding the bidder (Quick Quotes & IFBs) or Offeror (RFPs) non-responsive.

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.f in APSPM PIM 45 General Terms and Conditions. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

BIDDER SUBMISSION INSTRUCTIONS

1.

No exceptions may be taken or substitution of other terms to the General & Special Terms and Conditions.

2. Bids must:

· Be submitted via eVA by the Due Date and Time stated on page 1; (9/25/2026 at 3:00 PM Local Time)

· Be signed, dated, and completed with all requested bidder information at the bottom of page 3.

3. A complete bid must be submitted to include the following and signed as appropriate:

· IFB Header Page 3 (completed as stated in 2 above);

· Pricing Schedule, To be Filled Out in eVA and paper form uploaded. (Example on page 26) Double check that your Attachment A pricing matches what is entered into eVA.

· Attachment A, Bid Form (To be uploaded into eVA) Pages 25-26

· Attachment B, Small Business Contracting Plan (To be uploaded into eVA) Page 27-28

· Attachment C, State Corporation Commission Form. (To be uploaded into eVA) Page 29

· Attachment D, Bidders submitting their responses must provide their verification of OSSI Training and Certification. (To be uploaded into eVA) Page 30

· Attachment E, Resumes or curriculum VITAE (CV) of account assigned personnel Page 31

COMPETITIVE INVITATION FOR BIDS

Issue Date:

9/4/2026 Title:

Facility Duress & Access Controls Services Commodity Code:

68002 – Access Control Systems and Security Systems

20623 - Communication Processors and Protocol Converters: Front-End Processor, Network Interface Module, Protocol Interchange, Switching Controls, etc.

20464 - Network Components: Adapter Cards, Bridges, Connectors, Expansion Modules/Ports, Firewall Devices, Hubs, Line Drivers, MSAUs, Routers, Transceivers, etc.

92047 - Support Services, Computer (Includes Computer Warranties)

99022 – Card Access Security Services Issuing Agency:

EASTERN STATE HOSPITAL

4601 IRONBOUND ROAD

WILLIAMSBURG, VIRGINIA 23188-2652

Period of Contract: Three (3) years with two (2) optional one-year renewals.

Electronic Bids will be Received Until 9/25/2026 at 3:00 PM local time for Furnishing the Goods/Services Described Herein. Bids will be opened on 9/25/2026 at 3:01 PM local time.

All Inquiries for information must be in writing and directed to: Brian Frost, VCA, VCARM, brian.frost@dbhds.virginia.gov.

No Questions from bidders will be answered after September 15th, 2026 at 1:00 PM Local Time.

BIDS ARE TO BE UPLOADED IN THE eVA PORTAL NO MAILED OR HAND DELIVERED RESPONSES WILL BE ACCEPTED.

In Compliance With This Invitation For Bids And To All The Conditions Imposed Therein And Hereby Incorporated By Reference, The Undersigned Offers and Agrees to Furnish the Goods/Services At The Prices As Indicated In Pricing Schedule.

*Virginia Contractor License No. _________________*DSBSD-certified Small Business No. _____________

Class: __________ Specialty Codes: _______________ Name and Address of Vendor:

Date: ________________________________________

By: _________________________________________

(Signature in Ink)

__________________________Zip Code: ___________ Name: ________________________________________

(Please Print) eVA Vendor ID or DUNS #:______________________

Fax Number: (___) ____________________________ Title: _________________________________________

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

TABLE OF CONTENTS

TABLE OF CONTENTS

ATTACHMENTS

*Mandatory to be submitted via EVA.

I. PURPOSE:

The purpose of this Invitation for Bids (IFB) is to solicit bids for facility annual maintenance and repair services for incoming Duress Systems and existing Access Control Systems at Eastern State Hospital (ESH) with a responsive and responsible bidder. Eastern State Hospital in Williamsburg, Virginia is an agency of the Commonwealth of Virginia.

There is a set-aside for DSBSD certified Small Businesses with preference to Virginia-based companies. The manufacturer and distributor are unable to answer questions related to this procurement.

II. BACKGROUND:

Eastern State Hospital, located in Williamsburg, Virginia, was founded in 1773 with a well-intentioned emphasis on community focused mental health care. The Hospital is situated on approximately 500 acres and consists of two patient care buildings, and a staff of over 900 to care for the 300 patients. Eastern State Hospital is part of The Department of Behavioral Health and Developmental Services system and is accredited by the Joint Commission. Anyone having concerns about the safety or quality of care provided in the hospital may report these concerns to the Joint Commission without fear of negative repercussions. The Joint Commission may be contacted via their website, or their hotline at 1-800-994-6610. ESH promotes a healthy environment. Therefore, the facility and surrounding campus is tobacco-free. The facility is monitored by a video surveillance system. Additional information about ESH is available at https://dbhds.virginia.gov/facilities/esh

III. TERM OF CONTRACT AND RENEWAL OPTIONS:

The initial term of this contract shall be for three (3) years from the date of contract issuance with the option to renew for two (2) successive one-year periods under the terms and conditions of the original contract. Written notice for intention to renew shall be given approximately 90 days before the expiration date of each contract period.

IV. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)

The Contractor shall provide all labor, materials, equipment, supplies, tools, and supervision necessary to deliver the requested services for the following equipment. This is subject to change or have additional equipment added. Partial bids will not be accepted.

Door System Equipment

1. Windy City Wire Composite Card Reader Cable

2. OSSI Conekt Smart Reader

3. Securitron Electromechanical Maglock

4. Alarm Controls REX Station

5. OSSI MAC-4R MLC 4 Reader Controller

6. OSSI Rack Cabinet Enclosure

7. OSSI Ethernet to Lontalk Adapter

8. OSSI Power Supply

9. Altronix Maglock Power Supply

10. UPS ( EATON) 9PX 2000 / 9PX EBM / 9PX 3000

11. NVR Server ( DELL EMC ) Power Edge R340

12. USB Backup ( Seagate ) P/N: 2N1AP8-500 Camera System Equipment

1. Cat 6 Cable

2. Cat 5 Cable

3. Network Switches ( Alcatel – Lucent ) OS6560-P48X4

4. NVR Server ( DELL ) 7920 RACK

5. Cameras ( AXIS) M4317-PLVE / P3277-LVE / P3287-LVE / P3827-PVE / P9117-PV / P3807-PVE / P3245-LVE / P3247-LV / P3245-LV / P3904 / P3247LVE / M5013 / M3105-LVE

6. Equipment Rack

7. UPS (Minute Man) PRO1500RT2U ( Cyber Power ) PR Series 3000W / 3000VA

8. USB Backup ( Seagate ) P/N: 2N1AP8-500

9. Fiber Hub ( Leviton ) OPT-X 1000i

A. PROPRIETARY OSSI FIRMWARE: Bidders must be trained and certified to work on Intelli-Site and OSSI. Bidders must be certified by OSSI in order to have Custom Proprietary Firmware, the OSSI CONEKT Smart Reader, installed for the card reader to work correctly on the system. All Bidders must provide their company verification of OSSI Training and Certification in Attachment D with their bid to be considered responsive.

B. MINIMUM QUALIFICATIONS:

1. A responsive bidder must provide documentation of OSSI Certification to obtain proprietary firmware, services, and support.

2. A responsive bidder must have training and knowledge to work on Alcatel-Lucent products with the ability to provide any necessary warranties, support, and services. They must also have training and knowledge to service Actall products for the incoming Duress System which will be tied into the OSSI system (once install is completed). This includes the overhead PA system, amps, stationary Red Phones, and all wiring.

3. The Contractor shall have demonstrated ability in work similar to that requested under this solicitation. Bidders shall provide a representative list of experience for each employee expected to provide work for the Agency as demonstrated through inclusion of appropriate resumes/CV of account assigned personnel.

4. All work performed under an awarded contract shall be by properly trained and competent personnel and shall be performed in a good workmanlike manner and in accordance with recommended procedures and industry standards for these services.

The Agency reserves the right to reject any of the Contractor’s employees who, in the Agency’s judgment, are not adequately qualified to perform the requested work. ESH reserves the right to request the removal of any of the Contractor’s employees or Subcontractor personnel at any time for reasonable cause. The Contractor or designated supervisor shall have such employees leave ESH premises immediately and all Agency property returned upon receipt of such request.

5. The Contractor shall provide a sufficient number of qualified supervisors and employees to inspect, monitor, and supervise the Contractor’s employees, ensuring adherence to the work schedule and quality of work. The Contractor’s onsite supervisor shall speak and read fluent English.

The Contractor’s Supervisor shall be responsible for the conduct and performance of the Contractor’s employees and Subcontractor employees; and maintain compliance with the following rules:

i. Contractor’s employees appearing to be under the influence of alcohol, marijuana or drugs shall not be permitted on the property and will be asked to leave immediately.

ii. No loud, boisterous, or disruptive conduct will be permitted.

iii. All ESH facilities are Smoke-Free. No use of tobacco or vape products will be permitted on ESH property.

iv. Unauthorized Personnel: The Contractor’s employees are prohibited from bringing unauthorized personnel onto Agency property or being on-site during non-work hours.

v. Interactions with ESH patients is strictly prohibited and all reasonable efforts should be taken to minimize interactions and interruptions to patients. Coordination and scheduling with the Contract Administrator will be required when access to patient care areas is required.

B. SPECIFIC WORK PROCEDURES:

1. Routine Maintenance:

i. Contractor will perform quarterly routine maintenance inspections of the OSSI Access Control System, Alcatel-Lucent switches and network devices, and the Duress System (once install is completed) to ensure proper functionality of the access control system.

ii. Inspections will include system diagnostics, control panel evaluations, card reader functionality tests, and electric lock assessments.

iii. A detailed report, including recommendations for necessary repairs and preventive maintenance, will be provided after each quarterly inspection.

2. On-Call Services (Normal Business Hours Only):

i. Contractor will offer on-call troubleshooting and labor support for resolving issues with the OSSI Access Control System, Alcatel-Lucent switches and network devices, and the Duress System (once install is completed) during normal business hours: Monday – Friday, 7:30 AM – 4:00 PM.

ii. Service requests should be made via email accompanied by phone call to the provided Contractor Point of Contact (POC)’s email and phone number.

iii. Requests received outside business hours will be subject to emergency service rates.

3. Emergency Services:

i. Contractor will respond to critical system failures, security breaches, or any other call requiring urgent labor assistance outside normal business hours.

ii. Emergency service requests must have a response time of one (1) hour. Contractor must be on site within two (2) hours of response to the Emergency call. The Contractor will provide both an email and phone number for emergency service requests that is monitored 24 hours per day, 365 days per year.

4. Safety Measures:

i. Implement all necessary safety protocols to protect staff and patients.

ii. Coordinate with administration to minimize disruption to activities.

C. STAFFING REQUIREMENTS:

The Contractor shall maintain during the term of the contract a level of staffing sufficient to provide the services described herein to maintain performance. The Contractor shall:

1. Ensure assignment of at least one (1) Certified Technician who is thoroughly qualified, trained, and experienced in performing the services described herein who also has a minimum of five (5) years’ experience. The technician will be expected to complete tasks without the need of an escort unless in sensitive or secure areas.

2. At no additional cost, assign an Account Manager who is familiar with the requirements described herein responsible for assisting ESH with resolving service issues, invoices, contract renewals etc.

3. At no additional cost, assign a Technical Supervisor/Contact for the ESH account who shall supervise the requirements described herein. This individual must be fluent in spoken English, be able to communicate effectively with Contractor staff under their supervision, and submit reports to the ESH Contract Administrator or designee.

4. Provide an Emergency Contact that is available seven (7) days a week, twenty-four (24) hours per day via telephone or email.

5. In the event there are any changes to assignment personnel contact information, provide ESH with the updated information no later than the date the changes become effective.

6. Be aware that ESH reserves the right to observe the Contractor’s personnel at any time the Contractor’s employees are providing and performing services on-site at ESH.

7. Be aware that if, in the sole opinion of ESH, an employee of the Contractor is determined not to be qualified, competent, or acceptable, ESH reserves the right to request the employee not perform at ESH. Violation of ESH policies and procedures shall be cause of immediate removal of a Contractor employee. Applicable policies and procedures will be provided to the awarded bidder.

8. Under the terms of this agreement, Contractor employees performing on the grounds of the facility may be required to submit pertinent information and fingerprints for the Agency to obtain a Criminal History Conviction Background Check, and any required training required by DHRM, DBHDS, or ESH. The employee may be required to provide personal information such as their social security number, date of birth, place of birth, place of residence, etc. necessary for the Agency to request these checks. The check shall also include fingerprinting by the ESH Human Resources Department. Employees will be advised by the Contractor that any record of a criminal conviction or negative Drug Screening shall prohibit the employee from performing on the grounds of the Agency.

D. CONTRACTOR ATTIRE:

1. The Contractor shall ensure all Contractor employees assigned to this contract are professionally uniformed and well-groomed.

2. Uniforms shall identify, in a clearly visible location, both the Contractor’s company name, emblem/logo, and employee’s name.

3. Prior to commencing work, all Contractor and Subcontractor personnel shall wear a vendor provided identification badge with the employee’s name and photo. The Contractor’s personnel shall also wear uniform clothing that is kept clean and neat while on Agency premises. The identification badge and uniform shall display the Contractor’s business name and be distinct from those worn by Eastern State Hospital personnel.

E. WEATHER DELAYS:

Should inclement weather conditions or delays beyond the control of the Contractor interrupt or delay the service schedule, the Contractor shall advise the Agency of the work stoppage or delay. The Contractor and Agency will come to an agreement for an alternate date and time.

F. HOURS OF SERVICE:

1. Scheduled services described herein shall normally be accomplished between the hours of 7:30 AM and 4:00 PM, Monday through Friday. The Agency reserves the right to require an alternative scheduled at certain locations as requirements dictate.

2. Unscheduled or Emergency services shall be accomplished at days and times as appropriate based on the service called for.

G. HOLIDAYS:

All work shall be performed Monday through Friday, excluding observed Commonwealth of Virginia holidays, from 7:30 AM - 4:00 PM Local Time unless otherwise approved by the Contract Administrator. A calendar of observed Commonwealth of Virginia holidays can be found at the following VA Dept. of Human Resources website: Pay and Holiday Calendar.

H. PROGRESS MEETINGS:

The Agency may require the Contractor to attend progress meetings to discuss contract issues. The Agency shall provide notice at least one (1) week prior to scheduling such meetings. However, in the event of situations requiring immediate attention, emergency meeting may be called for through Teams or in-person as the situation dictates.

V. CONTRACT ADMINISTRATION:

Upon award, ESH will designate a Contract Administrator authorized to administer all work performed in conjunction with this contract. The Contract Administrator shall advise the Contracting Officer of the quality, acceptability, and fitness of all aspects of the services performed under the Section IV Scope of Services. The Contract and the Contracting Officer will decide all other questions in connection with the services. The Contract Administrator shall have no authority to approve changes in the Scope of Contract, or changes, which call for an extension of time, or a change in the contract terms or prices. Any contract modifications must be authorized by the Contracting Officer and issued as a written amendment to the contract.

VI. MANDATORY PRE-BID CONFERENCE:

A mandatory site visit will be held on September 11th, 2026, at 10:00 AM, Eastern State Hospital, Kline Conference Room, AMHTC, BLDG #2, 4601 Ironbound Road, Williamsburg, VA 23188-2652. If special ADA accommodations are needed, please contact Brian Frost by email at brian.frost@dbhds.virginia.gov by Tuesday September 10th , 2026 at 1:00 PM.

Pre-registration is required and is available here: Pre-registration link.

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

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. No one will be admitted after 10:15 AM.

Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VII. GENERAL TERMS AND CONDITIONS (PIM 45)

A.

VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

B.

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

C.

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

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, veteran status, status as military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b.

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

c.

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

d.

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

e.

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

f.

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

2.

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

D.

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

E.

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

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

F.

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

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 1.

(For Invitation for Bids): Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I.

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

J.

PAYMENT:

1.

To Prime Contractor:

a.

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

b.

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

c.

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

d.

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

e.

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

2.

To Subcontractors:

a.

Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contract 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.

c.

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.

d.

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

K.

PRECEDENCE OF TERMS: The following General Terms and Conditions vendors manual, applicable laws and courts, anti-discrimination, ethics in public contracting, immigration reform and control act of 1986, debarment status, antitrust, mandatory use of state form and terms and conditions, clarification of terms, payment shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L.

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

M.

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

N.

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

O.

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

1.

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

2.

The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a.

By mutual agreement between the parties in writing; or b.

By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or c.

By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P.

DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q.

TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R.

USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S.

TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T.

INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2.

Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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

Profession/Service

Limits Accounting

$1,000,000 per occurrence, $3,000,000 aggregate

Architecture

$2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or Abatement Contractors

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.)

Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ Insurance/Risk Management

Landscape/Architecture

$1,000,000 per occurrence, $1,000,000 aggregate

Legal

$1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer

$2,000,000 per occurrence, $6,000,000 aggregate

Surveying

$1,000,000 per occurrence, $1,000,000 aggregate

U.

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V.

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

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

W.

NONDISCRIMINATION OF CONTRACTORS: A bidder, 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 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 being rejected.

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

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

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

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

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

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at 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 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.

AA.

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders 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 domestic or foreign business…