720-5250-126446, RFP SOLICITATION.pdf

THE DEPARTMENT OF BEHAVIORAL HEALTH AND

DEVELOPMENTAL SERVICES

1220 BANK STREET

RICHMOND, VA 23219

REQUEST FOR PROPOSAL (RFP)# 720-5250- 126446

ISSUE DATE: August 14, 2026

TITLE: Crisis Facility Training Integration

COMMODITY CODE(S):

92416 Course Development Services

95290 Training and Instruction

78570 Instructional Aids

ISSUING AGENCY:

Commonwealth of Virginia

Department of Behavioral Health and Developmental Services

Using Agency and/or location(s) where work will be performed: DBHDS – Commonwealth of Virginia

Period of Contract: One year from date of DBHDS execution and renewable in accordance with Special Terms and Conditions Renewal of Contract clause.

Electronic Sealed Proposals Will Be Received Until OCTOBER 5, 2026 at 10:00 AM, local prevailing time, For

Furnishing The Goods/Services Described Herein.

If an offeror has questions about the solicitation, questions shall be emailed to Pamela Logan, VCO|VCA, Senior

Procurement Officer, at pamela.logan@dbhds.virginia.gov. Please submit questions using the document titled, Offeror Questions. Pamela Logan 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. See Section VII. for more information.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of

Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in 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.

720-5250-126446 RFP SOLICITATION

mailto:pamela.logan@dbhds.virginia.gov

TABLE OF CONTENTS

SECTION # SECTION PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEEDS 3

IV. PROPOSAL PREPARATION 5

V. EVALUATION AND AWARD 9

VI. REPORTING AND DELIVERY 9

VII. PRE-PROPOSAL CONFERENCE 10

VIII. METHOD OF PAYMENT 10

IX. GENERAL TERMS AND CONDITIONS 12

X. SPECIAL TERMS AND CONDITIONS 18

ATTACHMENTS, pages 23-32

A. Offeror Data Sheet

B. Small Business Sub-Contracting Plan

C. State Corporation Commission Form

D. Proprietary/Confidential Information Identification

E. Business Associate Agreement

DEFINITIONS/ACRONYMS

ACRONYM/KEY TERM MEANING/DEFINITION

Request for Proposals

(RFP)

All documents, whether attached or incorporated by reference, utilized for soliciting proposals; the RFP procedure requires negotiation with offerors (to include prices) as distinguished from competitive bidding when using an Invitation for Bids.

DSBSD Department of Small Business and Supplier Diversity

DUNS # The Dun & Bradstreet D-U-N-S Number is a unique nine-digit identifier for businesses.

CSB/BHA Community Services Boards/Behavioral Health Authorities

CRC Crisis Receiving Center

CSU Crisis Stabilization Unit

Higher Acuity

Hereinafter refers to the ability to safely serve individuals in behavioral health crisis without exclusionary criteria, consistent with a “no wrong door” model. This includes individuals who present with aggression, complex co-occurring needs, or who are unwilling or unable to consent to treatment, including those admitted through involuntary processes.

TA Technical Assistance

CA Contract Administrator

POC Point of Contact

SLA Service Level Agreement

I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified offerors to establish a contract, through competitive negotiations, with a Contractor to deliver program development, implementation, and evaluation assistance for existing, newly implemented, and in-development Crisis Receiving

Centers (CRC) and/or Crisis Stabilization Units (CSU) programs.

II. BACKGROUND: DBHDS is responsible for the administration of place-based crisis facilities throughout the Commonwealth of Virginia through partnerships with Community Services Boards (CSBs), Behavioral

Health Authorities (BHAs) and private behavioral health providers. This work is carried out through funding, contract management, oversight and evaluation, guidance, and regulatory inspections.

CRCs provide evaluation, observation, and care navigation for individuals experiencing varying levels of behavioral health crises for up to 23 hours and 59 minutes in a community-based, non-residential setting.

These programs are new to many areas; therefore, it is critical that DBHDS support consistency and accountability in operations and establish a strong understanding of metrics for success.

CSUs admit individuals to a less restrictive environment for stabilization than inpatient hospitalization when individuals are likely to benefit from short-term residential treatment and coordinated care. DBHDS is expanding the number of CSUs across the Commonwealth of Virginia and requiring providers to adjust services and facilities to safely admit and treat individuals with higher acuity needs.

III. STATEMENT OF NEEDS: The Contractor shall provide all labor, supervision, materials, resources, equipment, tools, parts, and incidentals to create and deliver/facilitate training curricula and provide technical assistance to new and existing CRC and CSU providers in localities throughout the Commonwealth of

Virginia, including public and private providers that receive public funding to operate crisis facilities.

Assistance may include the creation and facilitation of training curricula and direct engagement with select providers on the development of standard operating procedures, policies, and other tools and resources to ensure consistent operations align with national best practice models, state regulations, and contractual obligations.

A. CONTRACTOR EXPERIENCE: The Contractor should:

1. Have a minimum of eight years’ experience, or demonstrate commensurate expertise through a verified portfolio, providing education, training, and program support in areas including but not limited to crisis services, organizational management, finance, clinical procedures, and data analytics.

2. Be able to demonstrate experience with regulatory governance of the Commonwealth of Virginia or another state or territory, for behavioral health crisis facilities.

B. TRAINING CURRICULUM: It is DBHDS’ intent that the training and technical assistance developed by the Contractor will promote systemic consistency across Virginia’s place-based crisis care system. The

Contractor shall develop a new training curriculum, tailored to CRC and CSU providers. The training should at minimum be developed on the following topics:

a. Crisis direct care worker mindset and supervision

b. Medical triage and evaluation of behavioral health customers

c. Development of behavioral health programs

d. Management of behavioral health crisis services

e. Interpersonal communication and de-escalation

f. Trauma-Informed Care

g. Behavioral health training modalities (e.g. motivational interviewing, cognitive behavioral therapy)

h. Navigating care for co-occurring disorders

i. Crisis system resources: navigating and accessing appropriate care

j. Clinical documentation

k. Peer support and employee wellness

l. Regulatory requirements for CSUs/CRCs in Virginia

m. Civil commitment code and processes

The Contractor shall provide the training curriculum to DBHDS for review and approval prior to implementation. DBHDS may require revisions or modifications to the training curriculum.

C. TRAINING AND TECHNICAL ASSISTANCE: The Contractor should provide training and technical assistance. Training and technical assistance may be provided virtually; however, the Contractor shall have the capability to conduct on-site visits, in-person trainings, and hands-on support when DBHDS determines such services are necessary.

DBHDS will negotiate the number of required on-site visits and training sessions with the offeror(s) who advances to the negotiation phase.

• The Contractor shall be responsible for scheduling and coordinating all virtual training and hands-on support. This includes ensuring a sufficient training platform.

• The Contractor and DBHDS will mutually schedule and coordinate all on-site visits and in-person trainings. These visits and trainings will be held in the Commonwealth of Virginia.

• On-site visits and trainings will be scheduled after contract commencement.

1. Training and technical assistance should be provided, based on the training curriculum developed per

Paragraph B., to ensure program operations align with national best practice models. The objectives should include the following:

a. Improving provider readiness to serve higher-acuity individuals.

b. Increasing consistency in operational practices across CRCs and CSUs.

c. Strengthening adherence to national best practice models.

d. Reducing variability to program performance statewide.

2. Technical assistance regarding program development and appropriate policies and procedures for serving individuals experiencing higher-acuity crisis, including those unwilling or unable to consent to treatment.

D. TRAINING PLATFORM: All training delivered by Contractor for CRC and CSU providers (including

CSBs) shall be managed in the TRAIN Virginia platform. More information can be found at TRAIN.org and Virginia-specific information is available upon request. TRAIN Virginia is run by KMI, and it supports SCORM 1.2. More information on TRAIN Virginia can be found at the following links:

https://www.vdh.virginia.gov/distance-learning/train-virginia/.

https://www.kmilearning.com/portfolio-items/train-org/

DBHDS will provide additional information on TRAIN Virginia and discuss the training platform further with offerors who advances to the negotiation phase.

E. TRAVEL: DBHDS may reimburse the Contractor for pre-approved and mutually agreed upon travel expenses, to the location of each on-site visit and training delivered, not to exceed 5% of the cost of the contract. All reimbursement will be per the current General Services Administration per diem rates and the current Internal Revenue Service business standard mileage rate (see links below for further information).

This estimated travel costs will be further negotiated with offerors who advance to the negotiation phase.

https://www.irs.gov/tax-professionals/standard-mileage-rates https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.vdh.virginia.gov/distance-learning/train-virginia/ https://www.kmilearning.com/portfolio-items/train-org/ https://www.irs.gov/tax-professionals/standard-mileage-rates https://www.gsa.gov/travel/plan-book/per-diem-rates

F. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all deliverables provided to the DBHDS in the performance of this contract (“the Intellectual Property”) shall become the sole property of the DBHDS. The contractor hereby assigns to the Commonwealth exclusively all right, title, and interest in and to all rights in the Intellectual Property that the contractor may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the contractor. Upon request, the contractor shall promptly provide any further acknowledgement or assignment in a tangible form satisfactory to the DBHDS to evidence the DBHDS’ sole ownership of the Intellectual Property.

G. PURCHASING AGENCY REQUIREMENTS: DBHDS will:

1. Schedule check-ins with the Contractor during the development progress to monitor progress and provide guidance as necessary in program development.

2. Facilitate connection with CSBs/localities in need of the training.

3. Facilitate access to TRAIN Virginia, if required.

4. Maintain applicable training materials and data.

a. Maintain control of training materials produced for/during the term of the contract.

b. Receive, review, and maintain applicable data, outcomes, and reports from participants in the training.

H. CONTRACT ADMINISTRATION:

1. DBHDS will designate a Contract Administrator (CA) to administer all services performed in conjunction with the contract. As DBHDS’ CA is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, the DBHDS CA will:

• Use all powers under the contract to enforce its faithful performance.

• Determine the amount, quality, acceptability, and fitness of all aspects of the services.

• Decide all other questions in connection with the services.

• Not have authority to approve changes in the services which alter the contract terms or price. Any contract modifications made must first be authorized by the DBHDS Procurement office and issued as a written modification to the contract.

Unless directed otherwise, all documents, materials, etc. provided via the contract shall be submitted to the DBHDS CA.

2. The Contractor should designate a Point of Contact (POC) for DBHDS’ CA to communicate with regarding all contract inquiries, including but not limited to contract requirements, billing, and problem solving. In the event that the Contractor’s POC changes, the Contractor must notify DBHDS, within three (3) business days. The new POC should be an employee from the list of resumes provided for key staff assigned to the contract. If this is not the case, DBHDS reserves the right to interview and approve the new POC.

3. The POC and CA names and contact information will be exchanged upon contract commencement. If this information changes at any time during the contract, it will be the responsibility of the applicable party to relay this information to the other party.

I. CONTRACTOR’S FAILURE TO PERFORM: DBHDS reserves the right to negotiate a Service Level

Agreement (SLA) with the offeror(s) that advances to the negotiation phase. The SLA will contain some measurable performance requirements, specific levels of achieving those standards and remedies for missing them. In addition to the remedies outlined in the final SLA, DBHDS may exercise all available rights and remedies under law and equity.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. OFFEROR SUBMISSION REQUIREMENTS:

This solicitation is a 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).

▪ A redlined version of this RFP using track changes in Microsoft Word showing revisions requested of the entire RFP document, if applicable. Additionally, the Offeror shall indicate, using the comment tool, the reason for any language change and/or deletion.

In order to obtain this document in Microsoft Word; (1) select File, (2) select Export To and (3) select

Microsoft Word.

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 www.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 www.eva.virginia.gov under the “Get Help-Customer Care” tab.

Prior to the due date, Offerors should:

• Check the status of the solicitation on eVA at www.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.

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

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 and length of experience in providing the services, as stated in Section III. Paragraph A.

2. Specific plans for providing the proposed goods and services as defined in Section III: Statement of Needs including:

a. The proposed plan of operation to:

i. Develop the training curriculum to include the topics as stated in Section III. Paragraph B.

ii. Provide the training and technical assistance to include the objectives as stated in Section III.

Paragraph C.

iii. The proposed number of on-site visits and in-person trainings to provide the proposed curriculum.

iv. The offeror should propose any additional topics and any additional objectives they believe would strengthen the curriculum and training and provide a clear explanation of the rationale, including how these additions would complement and enhance the proposed curriculum and training.

b. A plan of operation to achieve the objectives:

i. The training and technical assistance model, including recommended frequency, structure, and methodology; based on best practices and Offeror’s previous experience.

ii. Justification explaining why the proposed model is likely to succeed in supporting consistent CRC and CSU operations throughout the Commonwealth of Virginia.

c. A plan including a narrative and timeline for implementation of services.

3. Company Portfolio to include a list of comparable curriculums developed and comparable trainings delivered within the last five (5) years. The portfolio should include, at a minimum, the following information for each project:

i. Title of the Curriculum or Training Program,

ii. Client/Organization served, including address and contact information,

iii. Project Description; to include the number of topics and modules, the hours and the sessions,

iv. The year the curriculum or training program was developed or delivered,

v. How the curriculum was delivered (virtual or in-person),

vi. The outcomes and the results.

4. A list of all professional clients/contracts 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 specific features that distinguish the Offeror from other Offerors in the field and state how the Offeror evaluates the effectiveness of its services.

6. 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.

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

8. Resumes for key staff to be assigned to the contract.

9. A copy of the Offeror’s most recent independently audited financial statements.

10. Detailed, itemized breakdown showing your company's proposed costs to provide the services. DBHDS anticipates that Year 1 of the contract will focus on developing the curriculum and providing the training.

The breakdown should include all costs, fees, and any additional charges associated with your company’s proposal; to include a separate line item detailing the estimated travel expenses (not to exceed 5% of the cost of the contract). This separate line item should include the following information: where your company will travel from; what method(s) of transportation will be used; how many employees will be traveling; if lodging is required and if yes, how many nights; how many meals/for how many employees are anticipated, etc.

11. Use of the words “shall or “must” in this solicitation indicates a mandatory requirement that cannot be negotiated. Use of the words "should” or “may” in this solicitation indicates a non-mandatory requirement that DBHDS may negotiate. Has your company taken exception to any mandatory requirements stated in the solicitation? If yes, provide the following information:

a. The page number, section number, paragraph and the requirement as stated in the solicitation.

b. The corresponding page number, section number, and paragraph in the proposal.

c. The reason your company is taking exception to the mandatory requirement.

12. Attachments

Attachment A – Offeror Data Sheet

Attachment B – Small Business Sub-Contracting Plan

Attachment C – State Corporation Commission Form

Attachment D – Proprietary/Confidential Information Identification

Attachment E – Business Associate Agreement

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.

EVALUATION CRITERIA POINT VALUE

Demonstrated subject matter expertise in developing effective training components, supported by the experience and qualification of assigned personnel as evidenced in resumes and related documentation 20%

Scope and suitability of training offered to DBHDS 20%

Implementation of services; how the offeror proposes to get the services up and running and the timeframe they propose to have the implementation completed 20%

Small Business Subcontracting Plan 20%

Price 20%

Total 100%

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

VI. REPORTING AND DELIVERY INSTRUCTIONS:

The Contractor should:

1. Provide a monthly progress report outlining the following:

a. The specific accomplishments achieved during the report period, including but not limited to number of trainings, locations of trainings, type of trainings.

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

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

2. Furnish a preliminary outline of the organization structure of the final report to DBHDS, within thirty (30) calendar days after contract commencement. The following items should be included:

a. The main topics and subtopics that will later be described in detail in the final report.

b. A brief narrative description, beneath each topic and subtopic, of the subject matter encompassed by the topic or subtopic.

3. Present a preliminary draft of the final report to DBHDS at least two weeks prior to the submission of the final report.

4. Deliver a final report to DBHDS, for approval, on or before the date specified in the contract. One digital copy of the final report should be provided.

5. Make at least one oral presentation to DBHDS, within sixty (60) calendar days of contract commencement.

DBHDS will:

1. Reserve the right to edit, modify, and/or rearrange the topics and subtopics referenced in Section VI.2. a-b.; as it deems necessary to insure the inclusion of all services required by the contract.

2. Reserve the rights to request modifications and/or require additional elaboration to the final report referenced in

Section VI.4.; as it deems necessary to insure a comprehensive and thorough written study of all work required by the contract.

VII. OPTIONAL VIRTUAL PRE-PROPOSAL CONFERENCE:

An optional virtual pre-proposal conference will be held to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

The pre-proposal conference will be conducted via MICROSOFT TEAMS on SEPTEMBER 10, 2026 from 2:00-

3:00 PM local prevailing time. Offerors interested in attending must email Pamela Logan at pamela.logan@dbhds.virginia.gov no later than SEPTEMBER 7, 2026 to register. Please include the solicitation name and number in the subject line of the email, and provide the following information in the body of the message: (1) your company’s name, (2) the name of the individual who will attend the pre-proposal conference and (3) that individual’s email address. We ask that each company limit request to attend to one (1) representative.

Access to the pre-proposal conference will be provided via a Microsoft Teams link furnished after the registration closes. The link will be furnished only to registered offerors. Any failure by an offeror to receive, access, or participate in the conference due to technical issues, failure to register, registration errors, or any other cause not attributable to

DBHDS shall be at the offeror’s sole risk and shall not relieve the offeror of any obligation under this solicitation, nor constitute grounds for protest, delay, or equable adjustment.

Attendance at this conference is not a prerequisite for submitting a proposal; however, offerors intending to submit a proposal are encouraged to attend. Please have a copy of the solicitation available during the meeting. Any changes resulting from the conference will be issued in a written addendum to the solicitation.

DBHDS reserves the right to record the pre-proposal conference. The recording may be used for internal purposes and may be made available to registered offerors who request it. By participating, offerors consent to such recording. No offeror or attendee may audio-record, video-record, photograph, or otherwise capture or reproduce any portion of the conference without prior written authorization from DBHDS.

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 mailto:pamela.logan@dbhds.virginia.gov 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. 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 month following the month in which services were rendered. 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.

mailto:AccountsPayable@DBHDS.Virginia.GOV

IX. 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.

C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, status as military family, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

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.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

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

Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the

Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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.