704-23166QQ - Copeland Compressors -.pdf

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704-23166 - Copeland Compressors
Solicitation number
QQ-128510
Issued by
James City County, Virginia

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Summary

This is an Invitation for Bids (Quick Quote) issued by Eastern State Hospital, a Commonwealth of Virginia agency located in Williamsburg, for the one-time purchase of six Copeland Compressors. The solicitation offers two model options: Model #ZR160KCE-TED-950 (sweat connection) or Model #ZR160KCE-TED-965 (rotolock connection), with bidders required to provide pricing and lead times for both models. Only exact products meeting specifications will be considered; no substitutions are permitted. Electronic bids must be submitted through the eVA portal by September 25, 2026, at 3:00 PM local time, with bids opening at 3:01 PM the same day. No mailed, faxed, or hand-delivered submissions will be accepted. Questions from bidders must be submitted in writing to Brian Frost, VCA, at brian.frost@dbhds.virginia.gov and must be received by September 23, 2026, at 1:00 PM local time. The contract term is a one-time purchase with no renewal options. Delivery is required within ten calendar days after receipt of order, with the bidder responsible for providing 24 hours' notice prior to delivery. The contract is for acquisition, assembly, and delivery only; installation will be handled by a separate existing vendor.

Award will be made to the lowest responsive and responsible bidder based on both net price and shortest lead time. A set-aside for DSBSD-certified small businesses with preference to Virginia-based companies applies to this solicitation. Bidders must submit complete documentation including the IFB Header Page, Pricing Schedule, Attachment A (Bid Form), Attachment B (Small Business Contracting Plan), and Attachment C (State Corporation Commission Form). The bid price must include all freight and installation charges with no extra charges permitted. Bidders must include product reference imagery, model numbers, and detailed specification sheets with their bids. The Commonwealth of Virginia payment terms are NET 30. All bidders must be registered in eVA and comply with mandatory insurance requirements, including Commercial General Liability of $1,000,000 per occurrence and $2,000,000 in aggregate, with the Commonwealth added as an additional insured. A vendor transaction fee of 1 percent, capped at $1,500 per order, applies for non-DSBSD-certified small businesses, and 1 percent, capped at $500, for DSBSD-certified small businesses.

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#704-23166QQ

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EASTERN STATE HOSPITAL

4601 Ironbound Road

Williamsburg, Virginia 23188

Invitation For Bids (Quick Quote) # 704-23166QQ

Copeland Compressors

Bids can be submitted through RFx ID# 127851

Issue Date: 9/18/2026

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.

https://eva.virginia.gov/ https://eva.virginia.gov/i-sell-to-virginia.html https://eva.virginia.gov/supplier-training-materials.html https://eva.virginia.gov/supplier-training-materials.html mailto:eVACustomerCare@dgs.virginia.gov mailto:brian.frost@dbhds.virginia.gov

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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 20)

Double check that your Attachment A pricing matches what is entered into eVA.

• Attachment A, Bid Form (To be uploaded into eVA) Pages 19-20

• Attachment B, Small Business Contracting Plan (To be uploaded into eVA) Page 21-22

• Attachment C, State Corporation Commission Form. (To be uploaded into eVA) Page 23

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COMPETITIVE INVITATION FOR BIDS

Issue Date: 9/18/2026

Title: Copeland Compressors

Commodity Code: 03121 - Compressors, Air Conditioning: Industrial Type, and Parts

74017 - Compressors and Parts

Issuing Agency: EASTERN STATE HOSPITAL

4601 IRONBOUND ROAD

WILLIAMSBURG, VIRGINIA 23188-2652

Period of Contract: One-time purchase.

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, brian.frost@dbhds.virginia.gov.

No Questions from bidders will be answered after 9/23/2026, 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: (___) _________________________

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TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION PAGE

I. PURPOSE 5

II. BACKGROUND 5

III. TERM OF CONTRACT & RENEWAL OPTIONS 5

IV. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) 5

V. CONTRACT ADMINISTRATION 6

VI. OPTIONAL PRE-PROPOSAL CONFERENCE 6

VII. GENERAL TERMS & CONDITIONS 7-15

VIII SPECIAL TERMS & CONDITIONS 16-18

ATTACHMENTS 19-23

ATTACHMENTS

A. BID FORM*

B. SMALL BUSINESS SUBCONTRACTING PLAN*

C. STATE CORPORATION COMMISSION FORM*

*MANDATORY TO BE SUBMITTED VIA EVA.

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I. PURPOSE:

The purpose of this Quick Quote (QQ) is to solicit bids to establish a one-time purchase to provide six

Copeland Compressors, Model #ZR160KCE-TED-950 (sweat connection) OR ZR160KCE-TED-965

(rotolock connection), for Eastern State Hospital (ESH) with a responsive and responsible bidder with delivery provided within the shortest lead time possible.

We are only requesting a total of 6 compressors between the two options. The option with both quickest lead time and best pricing as determined by ESH will be awarded this bid. Only the EXACT product, will be considered. Please put a price and lead time for both compressors in your bid by each line item, do not leave any blank lines. No substitutions will be considered. Eastern State Hospital in Williamsburg, Virginia is an agency of the Commonwealth of Virginia.

Description Model # Quantity

Requested

Copeland Compressor ZR160KCE-TED-950 (sweat connection)

OR

Copeland Compressor ZR160KCE-TED-965 (rotolock connection)

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 & RENEWAL OPTIONS:

The initial term of this contract shall be for a one-time purchase with no renewals.

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

The Contractor shall provide all labor, materials, equipment, supplies, tools, shipping, and supervision necessary to acquire and deliver the requested products with delivery as soon as possible.

A. SPECIFIC WORK PROCEDURES: The Contractor shall provide a minimum of 24 hours notice to

Eastern State Hospital to schedule delivery. The point-of-contact will be listed on the purchase order and associated contract. This solicitation is only for the acquisition, assembly, and delivery of the requested product. Installation of the products will be handled by a vendor currently on contract with Eastern State

Hospital to provide these services.

1. Please include as part of your bid documentation reference imagery, model numbers, and detailed product information (spec sheets) for the product you are offering.

https://dbhds.virginia.gov/facilities/esh/

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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. OPTIONAL PRE-BID CONFERENCE:

In lieu of a pre-bid conference, questions must be submitted in writing and directed to: Brian Frost VCA, brian.frost@dbhds.virginia.gov. No questions from bidders will be received after September 23rd, 2026 at 1:00 pm, Local Time.

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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 https://eva.virginia.gov/index.html

8 | P a g e 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:

a. 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.

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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

10 | P a g e 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:

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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.

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

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

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.

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

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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, 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 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 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.

https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf

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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 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 entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia

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

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

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

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a

Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations.

Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract

Worker who the Commonwealth reasonably believes to have violated this Section.

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

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

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

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

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

Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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VIII. SPECIAL TERMS & CONDITIONS (PIM 45)

1). AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2). AWARD: The Commonwealth will make the award(s) on both a net price and lead time basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

3). eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one purchase order with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the

Commonwealth to reject your bid or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog and/or Punch-Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov.

4). RENEWAL OF CONTRACT: There are no renewal provisions.

5). BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 60 days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

6). BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

7). DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of order (ARO) by the bidder. The Agency requires the (bidder) to deliver within a reasonable time after ARO. If the bidder does not insert a stated delivery time in the blank below, the (bidder) will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:

i. Agency’s desired delivered time: Ten (10) calendar days ARO

8). DELIVERY NOTIFICATION: The Agency shall be notified 24 hours prior to delivery of any items so that personnel may be available to allow access to the building and verify items received. Notification shall be made to:

9). MAINTENANCE MANUALS: The contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

mailto:eVA-catalog-manager@dgs.virginia.gov

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10). EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the

Commonwealth’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed. This includes Small Purchase Credit Card (SPCC) processing fees or other credit card processing fees

11). ORDERING OPTION: Eastern State Hospital may, during the first sixty (60) days after this contract is awarded, with the concurrence of the contractor, place additional orders under the contract at the original unit price through the issuance of separate purchase orders. The aggregate of such additional orders shall not exceed

100% of the quantity originally stated in the contract.

12). PREBID/PREPROPOSAL CONFERENCE: In lieu of a pre-bid conference, questions must be submitted in writing and directed to: Brian Frost, brian.frost@dbhds.virginia.gov. No questions from bidders will be received after September 23rd at 1:00 PM, 2026, Local Time. Potential bidders reaching out by any other method, and to anyone other than the above-named Procurement Officer, may be found non-responsive.

13). PRODUCT INFORMATION: The bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the

Commonwealth to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered nonresponsive.

14). WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid.

15). PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Contact Officer. The Agency may, at its discretion, require the contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the contractor.

16). FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United States

Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that…

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