720-5122 PACAP Consultant RFP Solicitation .pdf

RFP#720-5122, Public Assistance Cost Allocation Plan (PACAP) Consultant

THE DEPARTMENT OF BEHAVIORAL HEALTH AND

DEVELOPMENTAL SERVICES (DBHDS)

1220 BANK STREET

RICHMOND, VA 23219

REQUEST FOR PROPOSAL (RFP)# 720-5122

ISSUE DATE: February 3, 2025

TITLE: Public Assistance Cost Allocation Plan (PCAP) Consultant

COMMODITY CODE(S):

91849 – Finance /Economics Consulting

91804 – Accounting/Auditing/Budget Consulting

ISSUING AGENCY:

Commonwealth of Virginia

Department of Behavioral Health and Developmental Services

Using Agency and/or location(s) where work will be performed: Department of Behavioral Health and Developmental Services

Period of Contract: From August 1, 2025, through July 31, 2027, and renewable in accordance with Special Terms and Conditions Renewal of Contract clause.

Electronic Sealed Proposals Will Be Received Until 10:00 AM on March 3, 2025, local prevailing time, For Furnishing The

Goods/Services Described Herein.

If an offeror has questions about the solicitation, questions shall be emailed to RE’KAIYA MCBRIDE at

REKAIYA.MCBRIDE@DBHDS.VIRGINIA.GOV RE’KAIYA MCBRIDE is the single point of contact for this procurement.

Communication, regarding this solicitation, with anyone else may result in disqualification of the Offeror(s)

* PREPROPOSAL CONFERENCE: An optional pre-proposal conference will be held on February 13, 2025, at 10:30 AM, local prevailing time, via MICROSOFT Teams. (Reference: Section VII. Paragraph A herein). If special ADA accommodations are needed, please contact Re’Kaiya McBride at 804-248-7244 or Rekaiya.McBride@dbhds.virginia.gov by February 11, 2025.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

mailto:REKAIYA.MCBRIDE@DBHDS.VIRGINIA.GOV mailto:Rekaiya.McBride@dbhds.virginia.gov

TABLE OF CONTENTS

SECTION PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEEDS 3

IV. PROPOSAL PREPARATION 4

V. EVALUATION AND AWARD 7

VI. REPORTING AND DELIVERY 7

VII. PRE-PROPOSAL CONFERENCE 8

VIII. METHOD OF PAYMENT 8

IX. GENERAL TERMS AND CONDITIONS 9

X. SPECIAL TERMS AND CONDITIONS 16

ATTACHMENTS

A. Offeror Data Profile

B. Pricing/Fee Schedule

C. Small Business Sub-Contracting Plan

D. State Corporation Commission Form

E. Proprietary/Confidential Information Identification

F. Proposed Changes

G. Certification of Compliance

DEFINITIONS/ACRONYMS

KEY TERM MEANING/DEFINITION

Request for Proposals

(RFP)

All documents, whether attached or incorporated by reference, utilized for soliciting proposals eVA Virginia’s electronic procurement portal where electronic that allows for secured and sealed electronic submission of proposals.

Centers for Medicare &

Medicaid Services (CMS)

Federal agency that provides health coverage to more than 160 million through Medicare, Medicaid, the Children’s Health Insurance Program, and the Health Insurance

Marketplace. CMS works in partnership with the entire healthcare community to improve quality, equity, and outcomes in the healthcare system.

Public Assistance Cost

Allocation Plan (PACAP)

Cost Allocation Plan

(CAP)

Narrative description of the procedures that a State agency will use in identifying, measuring, and allocating all State agency costs incurred in support of all programs administered or supervised by the State agency.

Federal Financial

Participation (FFP)

The Federal Government’s share of expenditures made by a State agency under any programs cited in 45 U.S.C. § 95.503. Subpart E.

https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-95/subpart-E

I. PURPOSE:

To establish a contract with a supplier to provide guidance and support to ensure that DBHDS Cost Allocation Plan

(CAP) complies with the federal UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND

AUDIT REQUIREMENTS FOR FEDERAL AWARDS.

II. BACKGROUND:

Cost Allocation Plan (CAP) is a federally approved accounting report that identifies, measures, and explains the distribution of allowable direct and indirect costs, and declares the allocation methods used for distribution. CAPs ensure that shared costs and services benefit more than one program. CAPs are crucial for ensuring fair and accurate financial reporting and compliance with federal regulations code 2 CFR 200.416.

In 2013, DBHDS’ CAP was originally structured to be cost-reimbursement based, but since gone under several improvements and inter-agency reorganization to become cost-allocated based. Code of Federal Regulations are updated frequently therefore an accurate and updated CAP is critical for reporting and reimbursement. DBHDS will need continuous assistance from an expert on how the Agency can allocate expenditures within cost centers to allow maximum reimbursement from the Medicaid-eligible cost. Over the timeframe of billing the PCAP, the percentage of DBHDS reimbursements per fiscal year has tripled.

III. STATEMENT OF NEEDS:

The selected contractor will perform an annual review/quarterly review of the mechanism utilized to determine the allowable cost; to include potential improvements, as well as provide as-needed guidance related to any necessary updates to the narratives, provide guidance on implementing random moment time studies for applicable Medicaid reimbursable positions and provide any “as needed consultation services” related to state and/or federal audits related to the CAP. The following are the objectives and general approach for the services to be provided under this contract.

A. Objectives and Approach - The Contractor shall:

1. Assist DBHDS staff with claims under the cost allocation plan via telephone, conference calls, and emails on the quarterly claims as follows:

a. Review source data entered into DBHDS’ software (confirming state share only, reviewing reconciling entries, etc).

b. Review Allocation Summary results that were produced prior to submission to DMAS

c. Other as-needed assistance answering questions and providing consulting assistance to the DBHDS CAP team related to claims

d. Provide a detailed listing of Medicaid Reimbursable activities and source documents

e. Provide guidance and federal supporting documentation related to Medicaid reimbursable tasks under the

CMS guidelines.

2. Perform annual review of cost allocation spreadsheets and any updated narratives, assist with identifying variances and the reconciliation of variances, deliver a report of findings to DBHDS stakeholders, and monitor any corrections

3. Perform as-needed consulting related to any state and/or federal audits impacting the cost allocation plan and

Medicaid administrative claiming during the contract period

4. Perform as-needed consulting related to any cost allocation plan amendments during the contract period

B. Project Activities - The Contractor shall:

1. Develop and provide DBHDS a data request of all documents needed during the contract’s statement of work timeframe review

2. Perform annual review and provide a report of findings to DBHDS (review based on current CAP process as outlined in DBHDS CAP Procedure Manual)

3. Monitor corrections of the Claiming Template and Narratives from DBHDS staff

4. Work with DBHDS to provide expertise recommendations for the Amended PCAP narrative to be submitted to CMS quarterly through the Virginia Department of Medical Assistance Services (DMAS) as applicable

5. Review of current Cost Allocation Template to determine anything that can be streamlined for accuracy.

Work with DBHDS to develop a new template, if necessary, and provide training to DBHDS staff related to regulations surrounding the Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-95/subpart-E

6. Provide as-needed consulting for audits.

All services are to be provided on an annual basis to DBHDS unless otherwise requested. An annual review will be conducted, in conjunction with DBHDS availability, after completion of the state fiscal Q4 CAP each year.

C. Commonwealth Responsibilities - The Purchasing Agency will:

1. Ensure existing tools and resources are readily available for the Contractor so the defined scope can be performed expeditiously

2. Annually review the CAP data request materials, including CAP spreadsheets

3. Provide statistical data as requested

4. In a concentrated and limited effort, staff time to assist with changes to the Claiming Template and Narratives, as necessary

5. Work with the Contractor to assist with the development of a new Cost Allocation template, if necessary, and complete training related to regulations surrounding the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

D. Approach and Assumptions - This SOW is based on the information provided by DBHDS.

1. This Statement of Needs is effective upon execution of a contract.

2. The Contractor must provide Cost Allocation Plan Consultants for the period of performance.

3. In the event that additional resources are required, the Contractor shall provide an updated estimate to the

Commonwealth in writing for approval via Change Order.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. OFFEROR SUBMISSION REQUIREMENTS:

This solicitation is an RFP; DBHDS 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 received timely. The eVA system allows for the secured and sealed electronic submission of proposals. The Offeror shall make no other distribution of the proposal. Proposals submitted elsewhere, including to other state or federal agencies, 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.

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

▪ If applicable, complete Attachment F to submit proposed changes to the RFP solicitation, General Terms, and Special Terms & Conditions. Proposed changes and redline edits provided by Offeror directly in the

RFP solicitation and/or Terms & Conditions will not be considered.

Offerors must be registered in eVA in order to submit an electronic proposal. For more information on how to respond to a solicitation:

1. Go to eva.virginia.gov;

2. Click on “Supplier Training”,

3. Click on “Viewing and Responding to Solicitations Video” under Sourcing.

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA Customer

Care prior to the closing date and time. The contact information for eVA Customer Care is located at eva.virginia.gov under the “Get Help-Customer Care” tab.

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

Prior to the due date, Offerors should:

• Check the status of the solicitation on eVA at eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) for any updates, changes, amendments, cancellations, etc.; and

• Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Offeror’s electronic submission.

• Always ensure that the proposal response is to the latest version of the solicitation.

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

2. PROPOSAL PREPARATION:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the purchasing agency.

Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

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

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, 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.

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 C). The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

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

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

B. SPECIFIC PROPOSAL INSTRUCTIONS:

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

1. A written narrative statement to include:

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

b. Experience in providing the services described herein.

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

2. Specific plans for providing the proposed services including:

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

b. A plan including a narrative and timeline for the transition of services.

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

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

3. 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.

4. A list of all clients lost within the last three (3) years and include a contact name, title and telephone number.

In addition, state the length of service at the account and reason for loss.

5. Description of the Offeror’s method for dealing with problems and complaints presented by the Department of Behavioral Health and Developmental Services employees detailing at what point the problem would escalate to the next level of supervision/management.

6. Attachments

Attachment A – Offeror Data Profile

Attachment B – Pricing/Fee Schedule

Attachment C – Small Business Sub-Contracting Plan

Attachment D – State Corporation Commission Form

Attachment E – Proprietary/Confidential Information Identification

Attachment F – Proposed Changes

Attachment G– Certification of Compliance

7. Key Performance Indicators (KPI). The Offeror shall identify metrics that will be used in measuring the

Contractor’s performance against the resulting contract. The KPIs must be:

i. Specific

ii. Measurable

iii. Attainable

iv. Reportable

v. Trackable

V. EVALUATION AND AWARD CRITERIA:

A. EVALUATION CRITERIA: Proposals will be evaluated by the DBHDS using the below criteria.

Price Evaluation Criteria: The lowest price shall be scored the maximum number of evaluation points for price. The lowest price is then divided by each of the higher Offeror’s proposed prices in turn. The quotient is then multiplied by the points assigned for price to determine the evaluation points to be assigned to each higher-priced proposal.

SERVICES POINT VALUE

The composition of the Contractor and Expertise, including key personnel committed to this project, the extent of practicable knowledge and experience with Cost Allocation Plan preparations, and the

Contractor’s capacity to provide high-quality services as required by the DBHDS and described in Section

III. Statement of Needs 35%

The Contractor’s fee proposal 10%

The Contractor’s plan to assist the DBHDS to meet its objectives as defined in Section II. Background and

Section III. Statement of Needs 20%

The work plan proposed by the Contractor 15%

Small Business Subcontracting Plan 20%

Total 100%

B. AWARD: Reference Special Terms and Conditions Award clause.

VI. REPORTING AND DELIVERY INSTRUCTIONS:

A. “The contractor shall provide the following documentation to the DBHDS Contract Administrator for approval by the agency:

1. Kick off meeting within ten (10) days of the execution of the contract.

2. Bi-weekly meetings with the DBHDS to ensure Contractor is fully informed of the scope of work and expectations for the transition of services.

3. Conduct an audit of our current processes and provide an audit report to confirm or challenge the accuracy of the current processes within thirty (30) days of the kick-off meeting.

4. An audit report shall be provided to the DBHDS Contract Administrator for approval.

5. Provide a recommended improvement report to the DBHDS Contract Administrator within fifteen (15) days of the presentation of the audit report.

6. Provide the DBHDS Contract Administrator a procedure format outline within thirty (30) days of the audit report.

7. Quarterly updates of the Claiming Narrative Template to include all Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

VII. PREPROPOSAL CONFERENCE:

A. OPTIONAL, VIRTUAL PREPROPOSAL CONFERENCE: An optional, virtual, preproposal conference will be held via Microsoft TEAMS on February 13, 2025 at 10:30 AM local prevailing time. 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.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Have a copy of the solicitation with you during the meeting. Any changes resulting from this conferene will be issued in a written addendum to the solicitation.

Offerors interested in attending must email RE’KAIYA MCBRIDE

(REKAIYA.MCBRIDE@DBHDS.VIRGINIA.GOV) before 5:00 PM on February 11, 2025, local prevailing time in order to register for the pre-proposal conference. Email the following information: (1) your company’s name,

(2) the name of the person attending the preproposal conference and (3) the person’s email address. We ask that one (1) representative per company attend the conference. After the registration closes, registrants will be sent instructions on how to attend.

VIII. METHOD OF PAYMENT:

A. Payment: DBHDS will make payments, in accordance with the Prompt Pay Act after receipt and acceptance of goods/services and an accurate invoice. Payment will be made based on the Contractor’s CARDINAL account.

CARDINAL is the Commonwealth of Virginia’s (COV) State Accounting System. Contractor’s can select to be paid via EPAY, via EDI/check or via VISA (the Commonwealth’s small purchase or gold card charge card).

• EPAY – when a Contractor is set-up for EPAY, payments will go onto a Virtual Credit/Debit Card.

• EDI/CHECK - when a Contractor is set-up for EDI/check, payment will be made by check or electronic payment. Checks will be mailed 30 calendar days after the receipt of the goods, services, or invoice, whichever is later; therefore, there could be a 7 – 10 day delay before the vendor receives the check. If EDI is selected, payments will show up in the Contractor’s selected bank account on the due date.

• VISA - VISA is the Commonwealth’s purchase charge card (pcard). When a Contractor is set-up for pcard payment, he/she will receive an encrypted email with the pcard holder's card information. When VISA is the payment of choice, the Contractor shall be responsible for eVA Transaction and Credit Card Merchant

Processing Fees; fess shall not be applied to any invoice issued to the COV.

B. Quarterly Invoices - All invoices must include the unique contract and/or purchase order number. Failure to include required elements from the invoices may result in the invoice being returned for correction. The

Contractor shall submit their invoice to the following address by the 10th day of the following month after the quarter closes. Invoices shall be sent to:

DBHDS – Accounts Payable

1220 Bank Street

PO 1797

Richmond, VA 23218-1797

If transmitting an invoice through an email system, the document needs to be sent to:

AccountsPayable@DBHDS.Virginia.GOV. The Contract Administrator should also be copied in the email.

C. Compensation Arrangements – The Purchasing Agency will pay the Contractor a firm fixed price to complete activities outlined in Section III. Prior to beginning any of the as-needed consulting activities (audits, amendments, and/or training), an estimated budget of expenses must be provided to DBDHS.

• Federal Financial Participation (FFP) – The DBHDS cost allocation team will work to incorporate contract expenses into the DBHDS PACAP so that FFP can drown down for this engagement, resulting in approximately 50% federal funds for these costs.

IX. GENERAL TERMS AND CONDITIONS:

mailto:REKAIYA.MCBRIDE@DBHDS.VIRGINIA.GOV mailto:AccountsPayable@DBHDS.Virginia.GOV

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Collection Act.

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

Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

Commonwealth.

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and

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

L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The

Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

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

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

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the

Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The

Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the

Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth 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.

T. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State

Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits

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

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

Asbestos Design, Inspection or Abatement

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

Health Care Practitioner To include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed

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

Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social

Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.

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

July 1, 2024, through June 30, 2025 $2.65 million

July 1, 2025, through June 30, 2026 $2.70 million

July 1, 2026, through June 30, 2027 $2.75 million

July 1, 2027, through June 30, 2028 $2.80 million

July 1, 2028, through June 30, 2029 $2.85 million https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

July 1, 2029, through June 30, 2030 $2.90 million

July 1, 2030, through June 30, 2031 $2.95 million

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

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

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

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

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

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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

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

W. NONDISCRIMINATION OF CONTRACTORS: An 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 offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the proposal being rejected.

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

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

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

http://www.eva.state.va.us/

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

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