711 24 020 Elastic IFB FINAL.pdf

IFB 711:24-020

PIM #98-042 1 of 25 Rev Sept 2023

COMMONWEALTH OF VIRGINIA

VIRGINIA CORRECTIONAL ENTERPRISES

8030 White Bark Terrace

North Chesterfield, VA 23237

INVITATION FOR BIDS

Solicitation Number: 711: 24-020

Issue Date: June 24, 2024

Title: Elastic

Commodity Code: 59094 – Tape and Webbing; elastic

85020 – Cloth yard goods, Cotton

Issuing Agency: Commonwealth of Virginia

Virginia Correctional Enterprises

Using Agency: Virginia Correctional Enterprises

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract to/for various types of elastic, as specified herein.

The contract period will be from July 22, 2024, through July 21, 2025, and may be renewable in accordance with section

IV, paragraph F.

Sealed bids will be received until July 8th at 10am, DST for furnishing the goods described herein and then will be opened in public.

All bids received after the appointed date and time for receipt, whether by mail or otherwise, will not be considered for an award. The time of receipt shall be determined by either the time received in the Issuing Agency's Purchasing

Office, or the time uploaded into eVA for bids submitted electronically within eVA. Bidders have the sole responsibility for assuring that bids are received in the Purchasing Office by the designated date and time.

If bids are hand delivered, they must be delivered to the Issuing Agency’s Purchasing Office at 8030 White Bark

Terrance, North Chesterfield, Virginia 23237. Hand delivered bids must be delivered in ample time to allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation.

If bids are mailed or delivered by express mail, they must be delivered to 8030 White Bark Terrace. North

Chesterfield, Virginia 23237. Faxed, emailed, or oral bids will not be accepted. Bids submitted via eVA are acceptable.

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 within eVA:

1. Go to eVA.virginia.gov;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and file://///ATMUSERS/apg35533/KKelley%20VCE/KKelley%20CONTRACTS_RENEWALS/FORMS/DOC%20templates%20effective%20September%202023%20KK%20Versions/eva.virginia.gob https://eva.virginia.gov/i-sell-to-virginia.html https://eva.virginia.gov/supplier-training-materials.html

PIM #98-042 2 of 25 Rev Sept 2023

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 should be directed to Karen Kelley at 804-887-5691 or via email at

Karen.Kelley@vadoc.virginia.gov.

The attached Bid Form shall be used for submitting bids. The Bid Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.

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 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.

Karen Kelley, VCO, VCARM

Procurement Specialist Senior https://eva.virginia.gov/supplier-training-materials.html

PIM #98-042 3 of 25 Rev Sept 2023

TABLE OF CONTENTS

I. PURPOSE PAGE 04

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGE 04

III. GENERAL TERMS AND CONDITIONS PAGE 06

IV. SPECIAL TERMS AND CONDITIONS PAGE 14

V. METHOD OF PAYMENT PAGE 18

VI. ATTACHMENTS PAGE 19

PIM #98-042 4 of 25 Rev Sept 2023

I. PURPOSE:

The purpose of this Invitation for Bid (IFB) is to establish a term contract to provide elastic as described herein, for use in VCE manufactured products. Virginia Correctional Enterprises (herein after identified, as VCE, a part of the

Department of Corrections), is an agency of the Commonwealth of Virginia. VCE has manufacturing plants statewide and a warehouse/distribution center located in North Chesterfield, VA. The manufacturing plants, also known as industries, are used in the employment, education, and training of inmates under state custody.

II. SCOPE OF WORK:

A. Ordering: All items are purchased on an “as-needed” basis throughout the annual term. Orders will be submitted via an official Purchase Order.

B. Bid Samples: Please submit a 12-inch sample of each elastic you are bidding on. Failure to provide such samples or to comply with these instructions shall be justification to declare a bidder as non-responsive.

Samples shall be an exact and true representation of the actual material being offered. Samples submitted may be subject to testing and evaluation by a qualified laboratory or test panel and results will be a factor in the decision to award. The samples will be held for comparison until after award. Each bid sample shall be properly labeled with the name of the bidder and the appropriate VCE Reference code for each sample, as described below. Samples shall be provided a no additional cost to the Commonwealth. Samples shall be handled and disposed of in accordance with paragraph 5.6 of the Vendors Manual.

C. Minimum Orders: The minimum order will be $500, for freight included. For orders less than this minimum dollar value, the Contractor is permitted to add the actual transportation cost to the invoice for payment, or

VCE may purchase such item off contract from other sources. Partial shipments, made at the discretion of the

Contractor, shall be F.O.B, destination with no transportation/freight charges added.

D. Delivery: Initial delivery of each item shall be within 45 days after receipt of order (ARO). Delivery of all subsequent orders of said item shall be within fifteen (15) calendar days ARO. Contractor shall carry adequate stock to ensure a timely delivery throughout the contract term. In the event that the Contractor can not deliver within the fifteen (15) calendar days, VCE reserves the right to purchase said item(s) or its equivalent on the open market and to charge any excess in contract price to the Contractor in the event the delivery requirement is not met. The facility shall be notified 24-hours prior to delivery of any item, so that personnel may be available to allow access to any building, if the Contractors’ shipping method is anything other than USPS, UPS, FedEx or alike. It is the Contractors responsibility to ascertain the delivery and receiving requirements at each location prior to shipping. No deliveries on Fridays at any of the locations. VCE reserves the right to add locations as needed:

Delivery Addresses will be noted on the individual purchase orders.

(a) Virginia Correctional Enterprises: Fluvanna Tailoring Plant

144 Prison Lane. Troy, VA. 22974

Deliveries Monday – Thursday, 8am – 11am and 1pm-3pm

(b) Virginia Correctional Enterprises: Coffeewood Apparel Plant

12352 Coffeewood Drive. Mitchells, VA 22729

Deliveries Monday – Thursday 8am – 11 am and 1pm-3pm.

E. VCE Reserves the Right: To conduct a pre-award survey and make all evaluations to determine a Contracts responsibility. In determining a responsible bidder, a number of factors, including but not limited to, the following may be used:

(a) be a regular dealer or supplier of good offered

(b) have the ability to comply with the required delivery or performance schedule, taking into consideration other business commitments

(c) have a satisfactory record of integrity and

PIM #98-042 5 of 25 Rev Sept 2023

(d) have the necessary facilities, organization, experience, technical skills and financial resources to fulfill the terms of the purchase order or contract (see Vendors Manual 3.7)

F. Estimated Quantities: Quantities shown in the pricing schedule are estimates only and are based on historical use. VCE does not guarantee the accuracy of such figures nor does VE guarantee the purchase of any specific quantity as business demands are subject to change.

G. Over shipments: At the discretion of VCE, over shipments may be accepted if recognized as an industry standard. Over shipments shall not exceed the quoted unit price of the contract. VCE reserves the right to refuse and return any over shipment at the Contractor's expense.

H. Inspection/Acceptance: Inspection and acceptance is normally accomplished within seven (7) business days of receipt of product, by VCE personnel. Contractor shall immediately replace any incorrect, missing or damaged items discovered during inspection at no cost to VCE. VCE will randomly inspect items upon delivery. Said items will be tested to verify that it meets the specifications in the contract. This does not constitute full acceptance of the entire shipment. In the course of production, if VCE uses any item, not meeting specifications and was not a sample originally pulled for inspection, the Contractor shall replace the unacceptable material at their expense.

DESCRIPTION OF ITEMS (SPECIFICATIONS):

VCE

Reference

Description of product

PG0465 Elastic: 2” Knitted Elastic

Specifications:

• Color: Black

• Warp: 150 Denier polyester

• Weft: 150 Denier polyester

• Elastic Element: 34 ga. Natural Latex

• Finished Picks: 56 +/- 2

• Elongation: 130% +/- 10%

• Machine Gauge: 14

• Finish: Pre-Shrunk

• Content: 66% Polyester, 34% Latex Package Minimum: continuous 50-yard roll; 800 yards to one box.

PG04630 Elastic: 1 ¼” Knitted Elastic 4 Sew Channels

Specifications:

• Color: White

• Warp: 150 DS Denier polyester

• Weft: 150 SD Denier polyester

• Elastic Element: 16 Ends 34 ga. Natural Latex

• Finished Picks: 56 +/- 2

• Elongation: 130% +/- 10%

• Machine Gauge: 14

• Finish: Pre-Shrunk

• Content: 68% Polyester, 32% Latex Package Minimum: continuous roll of amount ordered, not to exceed 800 yards per roll.

PIM #98-042 6 of 25 Rev Sept 2023

PG0466 Elastic: 2” width Knit Style

Specifications:

• Color: White

• Warp: 150 DS Denier polyester

• Weft: 150 SD Denier polyester

• Elastic Element: 34 ga. natural Latex

• Finished Picks: 56 +/- 2

• Elongation: 130% +/- 10%

• Machine Gauge: 14

• Finish: Pre-Shrunk

• Content: 66% Polyester, 34% Latex Package

• Minimum: continuous roll of amount ordered, not to exceed 800 yards per roll.

PG0774 Elastic: 2-1/4” width Waistband

Specifications:

• Color: Black

• Warp: 300 Denier textured polyester

• Elastic Element: 54 ga. natural rubber

• Finished Picks: 78-82

• Elongation: 80% +/- 10%

• Finish: Pre-shrunk

• Content: 9% rubber/ 69% polyester/ 22% spandex

• Package Minimum: continuous roll of amount ordered, not to exceed 800 yards per roll.

PG0470 Elastic: 1 ¼” width Knitted Polyester and Natural Latex Rubber Elastic

Specifications:

• Color: White with NO stripes

• Warp: 150 DS Denier polyester

• Weft: 150 SD Denier polyester

• Elastic Element: 34 ga. natural rubber

• Finished Picks: 44-48

• Elongation: 120% +/- 10%

• Machine Gauge: 34

• Finish: Pre-Shrunk

• Content: 62% Polyester, 38% Latex Package Minimum: continuous roll of amount ordered, not to exceed 800 yards per roll.

III. GENERAL TERMS AND CONDITIONS

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

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

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

file://///hqatmore1/Procurement/Boilerplates/eva.virginia.gov

PIM #98-042 7 of 25 Rev Sept 2023

C. ANTI-DISCRIMINATION: By submitting their bid, 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, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

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

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bid, 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 bidder, 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, PIM #98-042 8 of 25 Rev Sept 2023 loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in the

Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and

Control Act of 1986.

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

Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

PIM #98-042 9 of 25 Rev Sept 2023

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of

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

2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF 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

PIM #98-042 10 of 25 Rev Sept 2023 and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the

Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing

Agency within thirty (30) days from the date of receipt of the written order from the Purchasing

Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors

Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other

PIM #98-042 11 of 25 Rev Sept 2023 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. 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.

S. 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.

T. 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.

All employees of the Contractor, or its Subcontractors, assigned to this contract and who interact with any

DOC/VCE offender or work within any DOC/VCE location, including but not limited to any correctional facility, detention center, diversion center, probation and parole office, central or regional office, will be subject to pre-employment drug screening conducted by DOC/VCE personnel within the respective facility or office.

All employees of the Contractor, or its Subcontractors, having direct contact with offenders, shall be free from the influence or effects of illegal drugs and will be subject to the DOC/VCE’s drug procedures for reasonable suspicion drug and alcohol testing, and post-accident drug and alcohol testing conducted by DOC/VCE personnel within the respective facility or office. The Contractor shall be responsible for periodic random drug testing their employees and shall notify the applicable Organization Unit Head of any positive tests.

http://www.eva.virginia.gov/

PIM #98-042 12 of 25 Rev Sept 2023

The Contractor will be notified of any positive tests conducted by the DOC/VCE. Based on the positive alcohol or drug test, the Organizational Unit Head may bar the employee entry into the DOC/VCE location or from providing services to the DOC/VCE, regardless of disciplinary action taken by the employer. All costs associated with required drug and/or alcohol testing conducted at a DOC/VCE facility or work location may be charged back to the Contractor.

U. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

V. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

Internet electronic procurement solution, web site portal eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the

Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA

Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

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

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

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

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

2. 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.

W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

X. 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 “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award

Priority” accordingly in the solicitation. DSBSD-certified micro business or small businesses this include

DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small file://///ATMUSERS/apg35533/KKelley%20VCE/KKelley%20CONTRACTS_RENEWALS/FORMS/DOC%20templates%20effective%20September%202023%20KK%20Versions/eVA.virginia.gov file://///ATMUSERS/apg35533/KKelley%20VCE/KKelley%20CONTRACTS_RENEWALS/FORMS/DOC%20templates%20effective%20September%202023%20KK%20Versions/eva.virginia.gov

PIM #98-042 13 of 25 Rev Sept 2023 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.

Y. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid/offer prices in

US dollars.

Z. 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.

AA. 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.

PIM #98-042 14 of 25 Rev Sept 2023

IV. SPECIAL TERMS AND CONDITIONS

A. ADDITIONAL PRODUCT LINES OR SERVICES: This contract allows for the addition or deletion of product lines/items at any time during the duration of this contract. The contract shall be modified to show all respective changes. The revised product listing shall be identified through supplement agreement with a revision number and date. All prices shall reflect best customer discounts offered in accordance with the original contract. All additions to the product line offerings must be approved by the contractor and VCE in writing.

B. 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.

C. AWARD: The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the Commonwealth. The award or awards will be made to the lowest responsive, responsible bidder as applicable.

D. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

E. eVA ORDERS AND CONTRACTS: The solicitation/contract solicitation/contract will result in multiple purchase orders with the applicable eVA transaction fee assessed for each order.

F. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth upon written agreement of both parties for (four) 4 successive one-year periods, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

G. 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.

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

I. 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.

J. IDENTIFICATION OF BID ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in a separate envelope or package, sealed and identified as follows:

From: 7/8/2024 10am DST

Name of Bidder Due Date Time

711-24-020

Street or Box Number IFB No.

Elastic

City, State, Zip Code IFB Title

PIM #98-042 15 of 25 Rev Sept 2023

DSBSD-certified Micro Business or Small Business No. ________________________

Name of Contract/Purchase Officer or Buyer: KAREN KELLEY

K. SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN, EVIDENCE OF COMPLIANCE

WITH SMALL BUSINESS SUBCONTRACTING PLAN, AND SUBCONTRACTOR REPORTING:

1. Submission of Small Business Subcontracting Plan: It is the statewide goal of the Commonwealth that

42% of its purchases be made from small businesses certified by DSBSD. This includes discretionary spending in prime contracts and subcontracts. All bidder are required to submit a Small Business

Subcontracting Plan. The contractor is encouraged to offer such subcontracting opportunities to

DSBSD-certified small businesses. This shall include DSBSD-certified women-owned and minority-owned businesses and businesses with DSBSD service disabled veteran-owned status when they have also received DSBSD small business certification. Where it is not practicable for any portion of the goods/services to be subcontracted to other suppliers, the bidder shall note such on the Small Business

Subcontracting Plan. No bidder or subcontractor shall be considered a small business unless certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by the due date for receipt of bids.

2. Evidence of Compliance with Small Business Subcontracting Plan: Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution monthly reports substantiating compliance in accordance with the small business subcontracting plan. If a variance exists, the contractor shall provide a written explanation. A subcontractor shall be considered a Small Business for purposes of a contract if and only if the subcontractor holds a certification as such by the DSBSD. Payment(s) may be withheld until the purchasing agency confirms that the contractor has certified compliance with the contractor’s submitted Small Business Subcontracting Plan or is in receipt of a written explanation of the variance.

The agency or institution reserves the right to pursue other appropriate remedies for non-compliance to include, but not be limited to, termination for default.

3. Prime Contractor Subcontractor Reporting:

a. Each prime contractor who wins an award greater than $100,000, shall deliver to the contracting agency or institution on a monthly basis, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan that are DSBSD-certified businesses or Employment

Services Organizations (ESOs). The contractor shall furnish the applicable information to the purchasing office via the Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

b. In addition each prime contractor who wins an award greater than $200,000 shall deliver to the contracting agency or institution on a monthly basis, all applicable information on use of subcontractors that are not DSBSD-certified businesses or Employment Services Organizations.

The contractor shall furnish the all applicable information to the purchasing office via the

Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

L. PRICE ESCALATION/DE-ESCALATION: Price adjustments may be permitted for changes in the contractor’s cost of materials not to exceed the increase in the following index/indices: PCU3132203132202

(Narrow fabric mills and schiffli embroidery-Woven narrow fabrics (12 inches or less in width), not seasonally adjusted. No price increases will be authorized for 365 calendar days after the effective date of the contract.

Price escalation may be permitted only at the end of this period and each 365 days thereafter and only where verified to the satisfaction of the purchasing office. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to the Commonwealth.

Contractor shall give not less than 30 days advance notice of any price increase to the purchasing office. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30-day notification period. The contractor shall document the amount and proposed effective date of any general change in the price of materials. Documentation shall be supplied with the contractor’s request for

PIM #98-042 16 of 25 Rev Sept 2023 increase which will: (1) verify that the requested price increase is general in scope and not applicable just to the Commonwealth of Virginia; and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers.

The purchasing office will notify the using agencies and contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing office.

M. 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.

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