VIRGINIA DEPARTMENT OF HEALTH

OFFICE OF HEALTH EQUITY

109 GOVENOR STREET, RICHMOND, VIRGINIA 23219

QUICK QUOTE

Issue Date: 10/28/2026 Close Date: 10/30/2026 Title: Advisory Council on Health Disparities and Health Equity Technical Support Commodity Code:

94807 Administration Services, Health

Issuing Agency/Location:

Commonwealth of Virginia Department of Health (VDH) Office of Health Equity 109 Governor Street 7th Floor Richmond, VA 23219-0331

Where Work Will Be Performed:

Virginia Department of Health (VDH) – Office of Health Equity 109 Governor Street Richmond, VA 23219-0331

Period of Contract: Period Of Contract: From 10/30/2026 through 10/29/2027 (*Renewable for 1 one-year term with agreement from both parties).

Unsealed bids for the provision of goods/services outlined herein will be received until 10/30/2026 at 5:00PM EST.

All inquiries should be directed to:

Brittany Minter, Buyer Office of Health Equity email: Brittany.Minter@vdh.virginia.gov

ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED. Bid responses must be submitted through the Commonwealth of Virginia’s eProcurement Portal eVA (eva.virginia.gov). Bids received via email and fax will not be accepted. If a Bidder requires assistance submitting an electronic response, the bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov. No other distribution of the bid shall be made by the Bidder.

In order to be considered for selection, Bidders must submit a complete response contained in one single PDF to this RFP via the above-linked eVA platform. Bidders that submit a bid which contains Proprietary and/or Confidential information must also submit one additional electronic copy in which Proprietary and/or Confidential information is REDACTED. Redacted bids shall be labeled as such.

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

TABLE OF CONTENTS FOR QUICK QUOTE

I. PURPOSE…………………………………………………………………………………………………….3

II. BACKGROUND AND PURPOSE………………………………………………………………………………….…..3

I. PURPOSE:

The purpose of this procurement is to provide professional facilitation, project coordination, research and analysis, stakeholder-engagement support, and development of actionable recommendations in support of the Commissioner’s Advisory Council on Health Disparities and Health Equity (ACHDHE) one-year strategic initiative for 2026–2027.

II. BACKGROUND AND PURPOSE:

The Virginia Department of Health (VDH) seeks a contractor to provide professional facilitation, analysis, project coordination, stakeholder-engagement support, and report-development services in consultation with VDH and in direct support of ACHDHE. The contractor shall support the Council in advancing its strategic initiative and developing concise, actionable, evidence-informed, equity-centered recommendations that reflect community perspectives and are appropriate to the Council’s role and operating model.

All work shall support the Council’s four strategic focus areas:

· Data and Measurement;

· Communications, Trust, and Community Partnership;

· Health Care Access and Quality; and

· Structural and Social Drivers of Health.

III. OBJECTIVES:

· Provide organized project management and facilitation support for Council and working-group activities.

· Synthesize relevant Virginia-specific data, evidence, and peer-state practices to inform Council deliberations.

· Support inclusive, VDH-coordinated engagement with relevant stakeholders and impacted communities.

· Help the Council and working groups develop, refine, and prioritize actionable recommendations.

· Deliver a final recommendations report that clearly communicates proposed actions, implementation considerations, and measures of progress.

IV. SCOPE OF WORK (SPECIFICATIONS):

1. Required Services

1.1 Project Management and Coordination

The contractor shall:

· Conduct a project kickoff with the designated VDH project lead and relevant Council representatives.

· Prepare a project work plan for VDH review and approval that identifies activities, milestones, deliverables,

· dependencies, roles, anticipated meeting dates, and processes for tracking risks, issues, and decisions.

· Coordinate preparation for scheduled Council meetings and associated working-group meetings, consistent with the ACHDHE Charter and VDH direction.

· Develop agendas, meeting materials, facilitation plans, and pre-read materials as required for each meeting.

· Facilitate meetings in a neutral, organized manner that supports participation, keeps discussion aligned with meeting objectives, and documents key themes, decisions, unresolved questions, and action items.

· Maintain an action-item and decision log identifying the item, responsible party where assigned, target date where established, and status.

· Provide regular written status updates to the VDH project lead at a frequency established in the approved work plan, including progress against milestones, upcoming activities, risks, and decisions needed from

VDH.

· Notify VDH promptly of any issue likely to affect schedule, scope, quality, participation, or delivery.

1.2 Research and Analysis

The contractor shall:

· Conduct targeted research and analysis relevant to the Council’s four strategic focus areas and the questions or priorities identified by VDH and the Council.

· Review relevant Virginia-specific information on health disparities, public-health capabilities, and contextual factors affecting health outcomes, as appropriate to the approved work plan.

· Identify and synthesize relevant evidence, promising practices, and peer-state or other jurisdictional models that may inform the Council’s work.

· Explain the relevance and potential applicability of research findings to Virginia and VDH, including limitations, evidence gaps, and implementation considerations where identifiable.

· Provide concise research briefs, summaries, or presentation materials in formats agreed with VDH. Products shall cite source materials sufficiently to allow VDH to locate and verify cited evidence.

· Distinguish documented findings and source-supported conclusions from assumptions, emerging practices, and proposed recommendations.

1.3 Stakeholder Engagement Support

The contractor shall:

· Work with VDH to plan and document approved stakeholder-engagement activities involving relevant community-based organizations, health systems, local health departments, partner agencies, and impacted populations.

· Propose engagement methods and logistics for VDH approval before conducting activities. Activities may include facilitated discussions, listening sessions, interviews, or other methods approved by VDH.

· Coordinate engagement activities with VDH, including agendas, materials, outreach support, facilitation, and documentation, as assigned in the approved work plan.

· Document the stakeholder groups represented, engagement methods used, major themes and concerns, and relevant limitations in the feedback received.

· Explain how stakeholder input informed, changed, or helped prioritize draft recommendations. Where feedback is not incorporated, document the rationale when directed by VDH.

· Follow VDH instructions concerning outreach, accessibility, confidentiality, records, and the handling of information obtained through engagement.

1.4 Development and Prioritization of Recommendations

The contractor shall:

· Support Council and working-group discussions to develop, refine, and prioritize recommendations across the four strategic focus areas.

· Use a prioritization approach reviewed and approved by VDH and the Council, with criteria documented before recommendations are finalized.

· For each proposed recommendation, provide, to the extent supported by available information: (a) the issue or need addressed; (b) supporting evidence or stakeholder input; (c) the proposed action; (d) anticipated benefits and relevant equity considerations; (e) implementation considerations, dependencies, or barriers; (f) potential responsible or supporting parties, where identifiable; (g) a proposed timeframe or sequencing; and (h) suggested measures of progress or outcomes.

· Identify opportunities for coordination across focus areas and distinguish near-term actions from longer-term or structural recommendations.

· Present draft recommendations to VDH and the Council for review and incorporate consolidated feedback according to the approved work plan.

1.5 Final Recommendations Report

The contractor shall prepare a draft and final recommendations report for VDH and the Council. At a minimum, the report shall include:

· An executive summary of the initiative, key findings, and highest-priority recommendations;

· A summary of the process and methods used, including research, analysis, Council/working-group activities, and stakeholder engagement;

· Prioritized recommendations organized by the Council’s four strategic focus areas, with cross-cutting recommendations identified as appropriate;

· Supporting evidence and a concise explanation of the need addressed by each recommendation;

· Implementation considerations, proposed sequencing or timelines, and potential responsible or supporting parties where identifiable;

· Suggested measures of progress, outcomes, or evaluation considerations, including limitations where relevant;

· A summary of stakeholder input and an explanation of how that input informed the recommendations;

· Key assumptions, evidence gaps, dependencies, or issues requiring further consideration; and

· Assessment of potential future direction and structural recommendations for the Council.

The report shall be concise, logically organized, accessible to its intended audience, and suitable for review by VDH leadership, the Commissioner, and the Council. The final format, target length, and any accompanying presentation or briefing materials shall be confirmed by VDH before the solicitation is issued.

2. Deliverables and Schedule

The contractor shall provide the deliverables below. Specific calendar dates, review periods, and submission lead times must be confirmed by VDH and included in the final solicitation or approved work plan before work begins.

3. Deliverable Standards, Review, and Acceptance

· All deliverables shall be submitted electronically to the VDH project lead in editable formats specified by VDH. Final versions shall also be provided in PDF when requested.

· Deliverables shall be accurate, complete, clearly written, appropriately sourced, consistent with the approved work plan, and responsive to the requirements of this scope.

· VDH will review deliverables and provide consolidated feedback within the review period specified in the final solicitation or approved work plan.

· The contractor shall address VDH comments and resubmit revised deliverables within the timeframe established by VDH and the contractor. The final solicitation shall state the number of revision rounds included in the quoted price.

· VDH acceptance will be based on whether the deliverable meets the stated requirements and incorporates agreed revisions. Submission alone does not establish acceptance.

· Any requested work that would materially change the approved scope, schedule, or deliverables must be raised with VDH before the contractor proceeds and handled through the applicable contract process.

4. Contractor Qualifications and Performance Requirements

The contractor shall demonstrate the capacity and experience necessary to perform the required services. The final solicitation should identify which of the following are mandatory minimum qualifications and which, if any, are desirable capabilities.

· Demonstrated experience facilitating multi-stakeholder meetings, working groups, or advisory bodies and documenting decisions and action items.

· Demonstrated ability to conduct research and synthesize quantitative and qualitative information into concise, evidence-informed products.

· Demonstrated experience developing actionable recommendations, implementation plans, or strategic reports for public-sector, public-health, health-equity, or comparable initiatives.

· Knowledge of governmental public health and the Virginia public-health context, as specified in the final solicitation.

· Familiarity with Virginia stakeholders across relevant sectors and geographic communities, with demonstrated experience engaging stakeholders whose perspectives and experiences vary.

· Sufficient staffing, project-management capacity, and other resources to meet the schedule and deliverables.

· Ability to attend required in-person meetings and support approved activities between Council meetings.

VDH should avoid relying on general claims of relationships, affiliations, or expertise alone. Where a qualification is mandatory, the solicitation should state the evidence vendors must provide to demonstrate that the requirement is met.

5. Meetings, Location, and Travel

· The contractor shall attend scheduled Council meetings in person at locations identified by VDH and participate in working-group or partner-agency meetings as specified in the approved work plan.

· The vendor’s quote shall state whether all anticipated travel and related costs are included in the quoted price. Any allowable travel reimbursement, exclusions, or required approvals shall be specified in the final solicitation and contract.

· The contractor shall coordinate scheduling with the VDH project lead and provide reasonable flexibility to accommodate Council member and stakeholder availability, subject to the approved work plan.

6. General Requirements

· All work shall align with the ACHDHE Charter, the Council’s operating model, VDH direction, and the approved project work plan.

· All outputs shall be concise, actionable, data-informed, equity-centered, and reflective of community input to the extent such input is available through the approved process.

· The contractor shall protect information provided by VDH and handle records and stakeholder information in accordance with applicable law, contract terms, and VDH instructions.

· The contractor shall identify potential conflicts of interest or other circumstances that could affect impartiality and promptly disclose them to VDH.

· All work products created under the contract shall be delivered to VDH. Ownership, permitted use, confidentiality, records retention, and any restrictions on reuse shall be governed by the final contract terms.

7. Period of Performance

The anticipated period of performance is from contract execution through September 2027. The contractor shall be prepared to begin work promptly following execution and shall complete all required deliverables by the deadlines established in the final solicitation and contract.

V. 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 bids, Bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, 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 bids, Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986:

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

F. DEBARMENT STATUS:

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

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

G. ANTITRUST:

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS:

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS:

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges, which are not in dispute (Code of Virginia, §2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

K. PRECEDENCE OF TERMS:

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

L. QUALIFICATIONS OF BIDDERS:

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

M. TESTING AND INSPECTION:

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

N. ASSIGNMENT OF CONTRACT:

A contract shall not be assignable by the Contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT:

Changes can be made to the contract in any of the following ways:

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

2. The Virginia Department of Health 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 Virginia Department of Health of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Virginia Department of Health’s written decision affirming, modifying, or revoking the prior written notice. If the Virginia Department of Health 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 Virginia Department of Health 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 Virginia Department of Health’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 Virginia Department of Health with all vouchers and records of expenses incurred and savings realized. The Virginia Department of Health 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 Virginia Department of Health within thirty (30) days from the date of receipt of the written order from the Virginia Department of Health. 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 Virginia Department of Health or with the performance of the contract generally.

P. DEFAULT:

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. 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.

R. 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.

S. NONDISCRIMINATION OF CONTRACTORS:

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

T. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, website portal eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or Offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/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.

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

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

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

U. AVAILABILITY OF FUNDS:

It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

V. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY:

This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

W. BID PRICE CURRENCY:

Unless stated otherwise in the solicitation, Offerors shall state offer prices in US dollars.

X. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH:

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section

Y. CIVILITY IN STATE WORKPLACES:

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

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

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

VI. SPECIAL TERMS AND CONDITIONS:

1. AWARD OF CONTRACT:

A. AWARD:

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

2. BACKGROUND CHECKS:

a. The VDH may require a background check for Contractor staff assigned to any resulting contract. The Contractor shall be required to pay for all background checks processed for staff assigned to any contract resulting from this solicitation at a rate of $50.00. Fees are on a per background check basis and will be invoiced by VDH Accounting. The Contractor employees will be required to complete a form granting authority to release information. The Contractor shall allow the VDH access to review Contractor staff personnel and employment records.

b. Background investigation results will be reviewed by the VDH, and are not releasable to the Contractor, however, can be provided to the individual of the investigation upon a written request.

c. In the event contract award is made prior to completion of background checks, any unfavorable results shall be subject to the terms and conditions of this solicitation and the contract resulting from this solicitation.

d. In the event of any staff turnover or staff reassignments, the Contractor shall notify the VDH and shall submit the appropriate background history questionnaire, authority for release of information and have fingerprints obtained for any proposed new staff member. This shall be in addition to the requirement to provide the required credentials information. The VDH may remove any Contractor employee that the Contract Administrator feels threatens the health or safety of staff, security of the facility, or quality of the service provided by the Contractor.

3. BID ACCEPTANCE PERIOD:

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

4. CANCELLATION OF CONTRACT:

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

5. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION:

The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

6. NEGOTIATION WITH THE LOWEST BIDDER

Unless all bids are cancelled or rejected, the Commonwealth reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the agency’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The agency shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the agency wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the agency and the lowest responsive, responsible bidder.

7. PROPOSAL ACCEPTANCE PERIOD:

Any proposal in response to this solicitation shall be valid for 60 days. At the end of the 60 days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

8. eVA ORDERS AND CONTRACTS:

The solicitation/contract will result in (_1_) purchase order(s) with the applicable eVA transaction fee assessed for each order.

9. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

10. E-VERIFY PROGRAM:

EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12…