704-R23117 Mission in Motion.pdf

RFP # 704-R23117

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EASTERN STATE HOSPITAL

4601 Ironbound Road

Williamsburg, Virginia 23188

Request For Proposals # 704-R23117

Mission, Vision, and Values Design Project: “Mission in Motion”

Proposals can be submitted through RFx ID# BPM084126

Issue Date: 2/6/2026

Electronic Proposals Shall be Received Until 3/16/2026 at 3:00 PM Local Time

ALL SUBMISSIONS ARE TO BE UPLOADED VIA THE eVA PORTAL FOR CONSIDERATION TO THIS

SOLICITATION. NO MAILED, FAXED, OR HAND-DELIVERED SUBMISSIONS WILL BE ACCEPTED:

Proposals 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. Offerors 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 proposal within eVA. The following are instructions for submitting an electronic offer:

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 an Offeror needs assistance submitting an electronic response, they 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 offer is received by the required date and time.

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, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in APSPM PIM 45 General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

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

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OFFEROR SUBMISSION INSTRUCTIONS

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

Conditions.

2. Offers must:

• Be submitted via eVA by the Due Date and Time stated on page 1; (3/16/2026 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:

• RFP Header Page 3 (completed as stated in 2 above);

• Pricing Schedule, (To be Filled Out in eVA with proposal documentation uploaded) Example on

Page 24-26

• Attachment A, Proposal Form (To be Uploaded into eVA) Pages 23-26

• 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, Proprietary-Confidential Information Identification (To be Uploaded into eVA)

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COMPETITIVE INVITATION FOR PROPOSALS

Issue Date: 2/6/2026

Title: 704-R23117 – Mission in Motion

Commodity Code: 91522 – Communications Marketing Services

96153 – Marketing Services (Incl. Distribution, Research, Sales Promotions, etc.)

91876 – Marketing Consulting

96546 – Graphic Design Services for Printing

91572 – Photography (Not Including Aerial Photography)

91838 – Education and Training Consulting

91865 – Human Relations Consulting

91885 – Personnel/Employment Consulting (Human Resources)

91802 – Audio/Visual Consulting Services

Issuing Agency: EASTERN STATE HOSPITAL

4601 IRONBOUND ROAD

WILLIAMSBURG, VIRGINIA 23188-2652

Period of Contract: One time purchase.

Electronic proposals will be Received Until 3/16/2026 at 3:00 PM local time for Furnishing the Goods/Services

Described Herein. Proposals will be opened on 3/16/2026 at 3:01 PM local time.

All Inquiries for Information Should Be in Writing and Directed To: Brian Frost, VCA, brian.frost@dbhds.virginia.gov.

No Questions from offerors will be received after 3/2/2026, 1:00 PM.

PROPOSALS ARE TO BE UPLOADED IN THE eVA PORTAL. NO MAILED OR HAND DELIVERED

RESPONSES WILL BE ACCEPTED.

In Compliance With This Request for Proposals 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 unless otherwise negotiated.

*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: (___) _________________________ mailto:brian.frost@dbhds.virginia.gov

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TABLE OF CONTENTS

SECTION PAGE

I. PURPOSE 5

II. BACKGROUND 5

III. TERMS OF CONTRACT AND RENEWAL OPTIONS 5

IV. STATEMENT OF NEEDS 5-7

V. PROPOSAL PREPARATION 7-10

VI. EVALUATION AND AWARD CRITERIA 11

VII. REPORTING AND DELIVERY INSTRUCTIONS 11-12

VIII. CONTRACT ADMINISTRATION 12

IX. MANDATORY PRE-PROPOSAL CONFERENCE 12

X. GENERAL TERMS & CONDITIONS 13-21

XI SPECIAL TERMS & CONDITIONS 22-24

ATTACHMENTS 25-31

ATTACHMENTS

A. PROPOSAL FORM*

B. SMALL BUSINESS SUBCONTRACTING PLAN*

C. STATE CORPORATION COMMISSION FORM*

D. PROPRIETARY-CONFIDENTIAL INFORMATION IDENTIFICATION

E. DBHDS BRANDING GUIDANCE

F. SOCIAL MEDIA GUIDEBOOK

G. MISSION IN MOTION DISPLAY IDEAS (PPT & DOC)

*MANDATORY TO BE SUBMITTED IN EVA.

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I. PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation for the purchase of marketing services to create a dynamic and cohesive messaging strategy and provide electronically reproducible standardized marketing materials including logos, templates, signs, banners, etc. for Eastern State Hospital’s (ESH) Mission, Vision, &

Values (MV&V), and implement a facility marketing campaign.

Eastern State Hospital in Williamsburg, Virginia is an agency of the Commonwealth of Virginia.

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. TERMS OF CONTRACT AND RENEWAL OPTIONS:

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

IV. STATEMENT OF NEEDS

A. REQUIREMENTS

The Contractor shall develop marketing tools and visuals, create a messaging strategy, and provide standardized marketing materials to promote the Mission, Vision, and Values of Eastern State

Hospital. The materials should be usable for a variety of marketing endeavors and assist in standardizing messaging. The marketing materials and visuals developed must be cohesive with the branding and strategy of other relevant campaigns and guidelines derived from Eastern State

Hospital and the Department of Behavioral Health and Developmental Services. The awarded

Contractor shall provide a current certificate of insurance to the ESH Contract Officer prior to any work conducted at the Agency.

Eastern State Hospital’s Mission, Vision, & Values (MV&V) statement is:

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

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B. DELIVERABLES

The awarded Contractor shall produce final products demonstrating a cohesive and dynamic internal marketing strategy including:

• A short 5-10 minute video promoting the Mission, Vision, & Values that can be used as an introduction to Eastern State Hospital for staff, new employees, guests, and patients.

• A variety of designs for logos, mottos, and slogans for banners, posters, wall graphics, placards, flags, and “swag” that can be ordered from third party vendors with recommended placement and optimized use around the facility.

• Social media assets, including but not limited to static and animated graphics and other shareables formatted for Facebook, Instagram, X, and LinkedIn that reflect the theme of the advertising campaign and can be used by Eastern State Hospital and DBHDS.

C. MATERIALS AND STRATEGY DEVELOPMENT

1. Project Management

The awarded Contractor shall provide project coordination to ensure that all project deliverables are performed efficiently, accurately, on time, and in compliance with all requirements. The

Contractor shall designate a single Project Director to ensure all contract deliverables are performed efficiently within cost, accurate, on time, and in compliance with the project goals.

2. Branding Adherence

The awarded Contractor shall adhere to the design and materials associated with ESH and

DBHDS’s Branding Guidance (see Attachment E) as well as align with ongoing campaigns, such as Virginia 988 and Curb the Crisis. Materials are intended to be used on the local level in a variety of formats but need to consist of ESH’s and DBHDS’s existing language, logos, and colors.

3. Stakeholder/Subject Matter Expert (SME) Engagement

Throughout the design process, the awarded Contractor may interact with various stakeholders within ESH and potentially DBHDS. The Stakeholders, in consultation with the Contract

Administrator and Procurement Department should review materials and provide feedback before submitting a final product for acceptance. The Contractor shall specify the

SME/stakeholder resource commitment required of the DBHDS and its plan to utilize such resources effectively and efficiently.

4. Strategy

The awarded Contractor shall provide guidance regarding potential usage of materials in a variety of outreach efforts to maximize awareness of Eastern State Hospital’s Mission, Vision, &

Values for staff, new employees, departments, guests, and patients.

5. Design

All design and material formats shall be approved by ESH prior to project completion. The awarded Contractor is required to deliver any and all technical data, configurations, documentation, and other information created, gathered, established for the project during contract performance. ESH, DBHDS, and the Commonwealth of Virgina shall receive Full

Unlimited Rights in the intellectual property produced and delivered in the performance of this contract.

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6. Develop

In addition to the areas identified, the awarded Contractor shall assist in any other marketing strategy development tasking needed within the scope of this solicitation and awarded contract.

The Contractor shall collaborate with ESH to develop detailed specifications via progressive elaboration of the draft materials.

7. Release Management

At a minimum the awarded Contractor shall:

a. Identify all strategies by type and complexity;

b. Identify design and development breakdown, to include completion and

c. review/acceptance schedule for associated deliverables to marketing strategies; and,

d. Identify release bundles, development completion dates, testing dates, and pilot dates.

8. Evaluate

The awarded Contractor shall assist in developing a means of evaluation in the overall reach and effectiveness of the deployed strategies.

9. Marketing Delivery Platforms

The awarded Contractor shall be capable of providing content that can be launched through various channels and platforms.

V. PROPOSAL PREPARATION

1. OFFEROR SUBMISSION REQUIREMENTS

This solicitation is a RFP. ESH will only accept proposals electronically through eVA. Proposals will be received until the closing date and time specified in the solicitation. It is the Offeror’s responsibility to ensure that proposals are fully completed and received timely. The eVA system allows for the secured and sealed electronic submission of proposals. Proposals submitted elsewhere will not be accepted. Mailed, faxed or emailed proposals will not be accepted.

Offerors are solely responsible for reviewing, complying, and returning a complete and responsive proposal. Changes to the solicitation’s forms or formats are prohibited except where clearly instructed and permitted. In order to be considered for selection, Offerors should submit a complete response to this RFP. There must be:

• One signed original proposal in pdf format, including all Attachments.

• If applicable, one signed copy of proposal in pdf format, including all Attachments, redacting any proprietary information (must be labeled REDACTED COPY).

o The classification of an entire proposal document, prequalification application, line-item prices, and/or proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw an entire classification designation, the proposal will be considered nonresponsive and will be rejected.

If ESH issues an addendum to the solicitation, Offerors must re-submit their proposal in its entirety after the addendum is issued. Any proposal(s) submitted before an addendum is issued will require the offeror to resubmit their proposal in order to be considered or evaluated.

2. PROPOSAL PREPARATION

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

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

c. Proposals should be organized in the order in which the requirements are presented in the

RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP.

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

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or

“may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual

"must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Proposals font should be Times New Roman; the font size should be 12, the ink color should be black, and the spacing should be single. The proposal, excluding the length of the required attachments, shall not exceed 75 pages measuring 8.5” x 11”.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the

Virginia Freedom of Information Act; however, the offeror must invoke the protections of §

2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary (see Attachment D). The proprietary or trade secret material submitted must be identified by some distinct method such

9 | P a g e as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

3. ORAL PRESENTATION

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation.

The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

1. Any Offeror requested to provide an oral presentation at ESH must have valid State or Federal recognized identification.

4. SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be thorough and detailed so that the ESH may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:

A. A written narrative statement to include:

i. Background information about the Offeror including: its size, number of employees, and annual volume of business.

ii. Experience in providing the services described herein.

iii. Resumes of staff to be assigned to the project.

B. Specific plans for providing the proposed services including:

i. A plan of operation to achieve the objectives as defined in Section IV: Statement of Needs.

ii. A plan including a narrative and timeline for the services.

iii. What, when and how the service will be performed.

iv. Time frame for completion/implementation (if not otherwise specified by the agency in the statement of work).

C. Description of the specific features that distinguish the Offeror from other Offerors in the field and state how the Offeror evaluates the effectiveness of its services.

D. A list of all clients lost within the last two (2) years and include a contact name, title and telephone number for those clients. In addition, state the length of service at the account and reason for loss.

E. Description of the Offeror’s method for dealing with problems and complaints presented by the

Eastern State Hospital employees detailing at what point the problem would escalate to the next level of supervision/management.

F. Attachments:

• Attachment A – Proposal Form

• Attachment B – Small Business Sub-Contracting Plan

• Attachment C – State Corporation Commission Form

• Attachment D – Proprietary-Confidential Information Identification

• Attachment E - DBHDS Branding Guidance

• Attachment F – Social Media Guidebook

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• Attachment G – Mission in Motion Display Ideas

G. Key Performance Indicators (KPI). The Offeror shall identify metrics used in the agreement that must be:

i. Specific

ii. Measurable

iii. Attainable

iv. Reportable

v. Trackable

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VI. EVALUATION AND AWARD CRITERIA

A. EVALUATION CRITERIA

Proposals shall be evaluated by the DBHDS using the following criteria:

SERVICES POINT VALUE

Specific plans or methodology to be used to perform the services 25%

Price 10%

Experience and qualifications of personnel assigned to perform the services 40%

Small Business Subcontracting Plan 20%

References from other clients 5%

TOTAL 100%

B. AWARD

Selection shall be made of one or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for

Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors selected. The offeror shall state any exception to any contractual terms or conditions, including any liability provisions contained in the Request for Proposal in writing at the time of responding to such Request for Proposal if so requested by the Commonwealth. Such exceptions shall be considered during negotiation but shall not be used as a basis for scoring or evaluating which offerors are selected for negotiations. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D).

Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VII. REPORTING AND DELIVERY INSTRUCTIONS

A. The first full week following the award, the contractor shall provide a weekly progress report to the Contract Administrator outlining the following:

1. The specific accomplishments achieved during the reporting period.

2. The specific tasks completed pursuant to the provisions of the contract and the completion dates of such tasks.

3. The projected completion dates for the remaining specific tasks required by the contract.

B. Within thirty (30) calendar days after the award date of the contract, the contractor shall furnish a preliminary outline of the organizational structure of the final product to the Contract

Administrator.

C. At least two (2) weeks prior to the submission of the final report, the contractor shall present a preliminary draft of the final product to the Contract Administrator. The agency shall have the

12 | P a g e right to modify and/or to require additional elaboration as it deems necessary to ensure a comprehensive and thorough written study of all work required by the contract.

D. The contractor shall make at least one (1) oral presentation of the final report to persons or organizations as deemed necessary by the agency.

VIII. 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

Statement of Need. The Contract Administrator 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.

IX. MANDATORY PRE-PROPOSAL CONFERENCE: A mandatory Pre-Proposal Conference will be held virtually on Tuesday February 24th, 2026, at 2:00 PM EST.

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

A Teams link will be sent the day before the Pre-Proposal Conference to the provided email address.

Pre-Registration will be cut off at 9:00 AM 2/23/2026.

If you have registered but have not received an email, please reach out to Brian Frost, brian.frost@dbhds.virginia.gov.

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

Due to the importance of all offerors 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 proposal. Proposals will only be accepted from those offerors who are represented at this pre-proposal conference. No one will be admitted after 2:15 PM.

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

https://forms.office.com/Pages/ResponsePage.aspx?id=qeUKYsFOoE-GQV2fOGxzCY7g4Ka8Vn1HrHUX7wRxpzRUOVdRRkMzTzRSWFdGNDRaN0dUNU5ENVMwQy4u

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X. 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 proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the

Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement

Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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.

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

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d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource

Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their propopsal, 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

15 | P a g e hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

1. Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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

J. PAYMENT:

1. To Prime Contractor:

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

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment

30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

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

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

Virginia Debt Collection Act.

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

Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, §

2.2-4363).

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2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

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

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month

(unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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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

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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 offerors 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 offeror 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 nonresponsive. Unless the offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

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

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the

Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

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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.)

T. 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.

U. 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.

V. 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.