ADL-1208 Waste Hauling Services Final.pdf

Request for Proposal

RFP# ADL-1208

Waste Hauling Services

April 11, 2024

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Rev. 6/8/23

REQUEST FOR PROPOSAL

RFP# ADL-1208

Issue Date: April 11, 2024

Title: Waste Hauling Services

Issuing Agency: Commonwealth of Virginia James Madison University Procurement Services MSC 5720 752 Ott Street, Wine Price Building First Floor, Suite 1023 Harrisonburg, VA 22807

Period of Contract: From Date of Award Through One Year (Renewable)

Sealed Proposals Will Be Received Until 2:00 PM on May 09, 2024 for Furnishing The Services Described Herein.

SEALED PROPOSALS MAY BE MAILED, EXPRESS MAILED, OR HAND DELIVERED DIRECTLY TO

THE ISSUING AGENCY SHOWN ABOVE.

All Inquiries For Information And Clarification Should Be Directed To: Aaron Largent, Buyer Senior, Procurement Services, Largenad@jmu.edu; 540-568-4160; (Fax) 540-568-7935 not later than five business days before the proposal closing date.

NOTE: THE SIGNED PROPOSAL AND ALL ATTACHMENTS SHALL BE RETURNED.

In compliance with this Request for Proposal and to all the conditions imposed herein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

Name and Address of Firm:

By:

(Signature in Ink)

Name:

(Please Print)

Date: Title:

Web Address: Phone:

Email: Fax #:

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1_____ #2_____ #3_____ #4_____ #5_____ (please initial)

SMALL, WOMAN OR MINORITY OWNED BUSINESS:

� YES; � NO; IF YES ⇒⇒ � SMALL; � WOMAN; � MINORITY IF MINORITY: � AA; � HA; � AsA; � NW; � Micro mailto:Largenad@jmu.edu

REQUEST FOR PROPOSAL

RFP # ADL-1208

TABLE OF CONTENTS

I. PURPOSE Page 1

1 II. BACKGROUND Page

1 III. SMALL, WOMAN-OWNED, AND MINORITY PARTICIPATION Page

1-8 IV. STATEMENT OF NEEDS Page

8-10 V. PROPOSAL PREPARATION AND SUBMISSION Page

10-11 VI. EVALUATION AND AWARD CRITERIA Page

11-18 VII. GENERAL TERMS AND CONDITIONS Page

18-23 VIII. SPECIAL TERMS AND CONDITIONS Page

23 IX. METHOD OF PAYMENT Page

23 X. PRICING SCHEDULE Page

24-31 XI. ATTACHMENTS Page

A. Offeror Data Sheet

B. SWaM Utilization Plan

C. Sample of Standard Contract

D. Zone Map

E. Pricing Schedule

I. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified sources to provide dumpster-based refuse hauling services for James Madison University (JMU), an agency of the Commonwealth of Virginia. Initial contract shall be for one (1) year with an option to renew for four (4) additional one-year periods.

II. BACKGROUND

James Madison University (JMU) is a comprehensive public institution in Harrisonburg, Virginia with an enrollment of approximately 20,000 students and 3,000 faculty and staff. There are over 600 individual departments on campus that support seven academic divisions. The University offers over 120 majors, minors, and concentrations. Further information about the University may be found at the following website: http://www.jmu.edu.

James Madison University pays rental fees for the use of some refuse dumpsters around campus, the remaining refuse dumpsters are owned by the University. In addition, the University owns many of roll-offs that are currently in use. The current contract is approaching final expiration. Current annual spend for waste refuse services is estimated to be around $200,000.00.

III. SMALL, WOMAN-OWNED AND MINORITY PARTICIPATION

It is the policy of the Commonwealth of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities, and to encourage their participation in State procurement activities. The Commonwealth encourages contractors to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, and other contractual opportunities. Attachment B contains information on reporting spend data with subcontractors.

IV. STATEMENT OF NEEDS

The contractor shall be required to furnish all labor, supervision, tools, and equipment necessary for placement, pickup, hauling, and maintenance for contractor owned equipment and for the pickup and hauling of University owned equipment. Delivery of all dumpsters and commencement of service is required on or before August 12, 2024.

A. SPECIFICATIONS

The University reserves the right to add or delete containers as needed at the unit prices indicated on the Pricing Schedule.

1. Front-end Dumpster

a. Front end dumpster tops must have the capability to remain open for loading.

b. Front end dumpsters must have loading doors or tops allowing for loading by a single person standing at ground level. Loading openings must be no more than

46” from ground level. Side doors and lids must be 25” x 25” with doors that may remain open without being propped.

http://www.jmu.edu/

c. The University may occasionally request that rolling casters be put-on front-end dumpsters.

d. All dumpsters shall be painted “Bronzetone” unless otherwise noted. Paint samples will be provided to the contractor upon request.

e. Dumpster capacities are noted per site on the attached Dumpster and Pricing

Schedule and are subject to change at the discretion of the University during the term of the contract.

2. Roll-off Dumpster

a. Roll-off dumpsters must have open tops and operational rear doors.

b. Dumpsters must not cause undue damage to gravel sites when loaded and unloaded.

c. Dumpster capacities are noted per site on the attached Dumpster and Pricing

Schedule and are subject to change at the discretion of the University during the term of the contract.

3. Vehicles

a. Suitably designed loading vehicles with a lift capacity of at least 8,000 pounds to pick up and transport full dumpsters up to 8 cubic yard capacity; roll-off type trucks for pickup and transportation of 30, 34, and 40 cubic yard roll-off dumpsters and compactors. Metal dumpsters of varying capacities and design, for collections and disposal of trash and refuse in accordance with the schedule of locations and prices.

b. The bodies of front-end loader refuse trucks will be completely enclosed, have an industry approved compaction system, and be so designed that there will normally be no spillage of material either during loading or transporting. The entire unit must be able to approach each pickup point and negotiate all roads and streets. The roll-off type truck unit shall be equipped to handle the stationary and self-contained compactors specified in the schedule of locations and prices. Trucks must be radio dispatched (cell phone is acceptable).

B. SERVICE AND MAINTENANCE

The contractor shall be required to furnish all services and maintenance on the front end dumpsters and roll-off dumpsters. The service and maintenance shall include, but not be limited to, the following:

1. Care shall be taken to prevent spillage of trash during pickup. The contractor shall be responsible for the removal and cleanup of spillage from the dumpsters.

2. The exterior of each roll off dumpster and compactor, both contractor and

University owned, should be cleaned off after each dump to ensure no waste, especially food waste is left on the exterior of the dumpster.

3. The Contractor shall paint the dumpsters in colors specified by the University, and maintain their new appearance at all times. If dumpsters already exist on campus, repainting to University standard colors will be scheduled at the discretion of the University. All new dumpsters delivered to the campus shall conform to campus standards.

4. The Contractor shall provide a twenty-four hour a day, six days a week

(Monday – Saturday) contact person to be contacted in cases of problem and/or emergencies. This person or persons shall be required to respond and be on the University campus within one hour of notification of the problem and/or emergency. The Contractor shall provide the University with the designated representative’s name and telephone number.

5. The hauling Contractor shall be responsible for any damage that occurs to the

University compactors while the compactors are on the Contractor's trucks or while the Contractor is loading or unloading the compactor. Specific actions include, but are not limited to, failure to uncouple appropriate hydraulic and electrical lines when loading and unloading the compactors.

6. The Contractor shall provide substitute dumpsters at no additional cost when maintenance or repair is being performed on the regular dumpsters.

7. The Contractor shall exchange dumpsters at no additional cost when, in the opinion of the University, the quality of materials, equipment, and/or workmanship by the Contractor does not meet the standards specified, to include unsightly, damaged, or unusable containers. Should the University find fault with workmanship, and/or material for work already accomplished, the Contractor, at no cost to the University, will remove, replace, and/or rework the job so that compliance with the University’s requirements are satisfied.

8. The contractor shall move dumpsters to new locations at no cost to the

University as requested at the discretion of the University.

9. The Contractor shall remove the dumpsters at the end of the contract.

10. The Contractor shall meet all requirements of all Federal, State, Local, and

University laws, regulations, ordinances, and directives.

11. The contractor shall ensure that its employees are trained and licensed to operate trucks and appropriate equipment for servicing the dumpsters in accordance with Federal, state, and local requirements. The Contractor shall ensure that its employees and trucks are uniformed and identified as such.

12. Dumpsters providing service for residence halls shall be serviced between the hours of 8:00 am and 9:30 am during regular school year.

13. All drivers will be given University contact numbers that must be called immediately if a driver is running behind schedule, is blocked from a waste container, or was unable to make a scheduled pickup.

14. Work performed will be done so as to not adversely affect the University’s daily operations. Service utilities will remain in working order at all times unless otherwise approved by the University’s designated representative.

15. Dumpster pickup service shall be scheduled at the University’s discretion on an on-call basis. Weekly schedules will be arranged with the contractor, but may change at the University’s discretion with 24-hour notice. Billing will be based on a per pickup charge, therefore, more pickups requested by the

University will result in higher bills and less pickups requested by the

University will result in lower bills. (For the contractor’s information:

Schedules may change during Spring Break, Graduation, Summer, Beginning of Fall Semester, Thanksgiving Break, and Winter Break.

Schedules may also change due to changing campus demographics or building renovations or any other reason the University determines as valid.)

16. The University reserves the right to change schedules with 24 hours’ notice.

Quantities of work to be done, equipment and material to be furnished are subject to change during the term of the contract. The University does not assure that quantities will remain in strict accordance with the estimated quantities, nor will the contractor plead misunderstanding.

17. The Contractor shall cooperate with the University concerning the scheduling of work, change of work, locations due to classes, testing, or special events, and the performance of additional work. The Contractor will promptly notify the University’s designated representative of any change of work or condition that would prevent the Contractor from meeting performance requirements set forth in this contract.

C. REPORTING

The contractor will provide quarterly weight data reports for the front-end service equipment. The data may be collected in one of two manners.

1. The Contractor may weigh each front-end dumpster once per quarter and report the weight of each front-end dumpster.

2. The Contractor may run a university dedicated route or routes that service all James Madison University front end dumpsters. Only James Madison University material will be loaded onto the contractor’s truck. The truck will then be weighed with only James Madison University material on it.

D. EQUIPMENT RENTAL AND HAULING FEES

1. Charges for front end hauling service will be based on per pickup pricing per each dumpster. Tipping fees will be included in the pickup price. Equipment rental charges will be separate from the hauling service charges and based on a prorated monthly charge.

The pro-rated monthly charge will be based on a 30-day month.

2. Charges for roll-off service will be based on per pickup pricing per each dumpster. Tipping fees will not be included in the pickup price, but will be charged to the University directly by the disposal facility.

Equipment rental charges will be separate from the hauling service charges and based on a prorated monthly charge. The pro-rated monthly charge will be based on a 30-day month.

3. No maintenance service fees for contractor owned equipment shall be charged to the University, unless the University has clearly damaged the contractor’s equipment. Standard wear and tear resulting from the normal use of the contractor’s equipment shall be the responsibility of the Contractor.

4. Equipment converted from Contractor to University ownership shall reduce charges by the rental fee and only charge for hauling service at the contract price.

5. Pricing for adding or removing locations/dumpsters and/or adding or deleting pickups during the term of the contract will be consistent with contract pricing for equipment rental and pickup fees on the Bid Form for the size container required.

E. RECYCLING SERVICES

Should the University request a roll-off to be delivered to a recycling facility, the contractor will ensure that the recyclable material will in fact be recycled and not landfilled, incinerated, or otherwise disposed. The University must fill this roll-off with recyclable material.

F. GRADUATION / MAY MOVE OUT

Additional dumpsters will be required for an approximate two-week period for May move out.

The contractor will provide separate pricing for each area on a project basis on Part B of the Bid Form. Pricing for both roll-off and front-end dumpsters will be based on the project total, NOT per pickup charge.

Additionally, roll-off tonnage shall not be billed by the contractor.

1. Dumpsters delivered for Graduation / May Move Out, must be in good condition without holes, rust, or bad paint jobs. Each of these dumpsters must be one of the following colors: Blue, Green or Bronzetone.

2. Timing will vary each year. Extra dumpsters will be on campus approximately two weeks. Existing dumpsters will be moved to new sites at the beginning and returned to the original sites at the end. The contractor may stage extra dumpsters at a designated site on campus as may be requested and at the discretion of the University

3. The Contractor shall schedule to be on call at the University’s discretion. The Contractor shall be prepared to service roll-off and front-end dumpsters at the University’s discretion between the hours of 5:00 a.m. and 3:30 p.m.

4. The Contractor will add to or remove from the quantities of front-end or roll-off dumpsters at the request of the University at the prices indicated on Part B of the Bid Form/Pricing Schedule.

5. The contractor shall move dumpsters to new locations at no cost to the

University as requested at the discretion of the University.

G. SITE MODIFICATIONS

Any new site modifications that are necessary to accommodate the installation of new containers on campus, the contractor will provide JMU with all site modification requirements, to include but not limited to, drawings, sketches, plans, and specifications.

H. DESCRIBE STATEMENTS

• Describe your method used to ensure timely pick up of all containers.

• Describe your company policy for having someone available to repair and perform preventative maintenance on compactors, roll-offs, and frontend cans that are both JMU-owned and owned by Contractor. This includes lid repair, metal repair such as welding, and hydraulic and electrical work on compactors. This individual should be able to be on site within 24 hours of notification of repair needs.

• Describe your companies recommended schedule to ensure timely pick up of all containers, if it is other than what is recommended within the pricing schedule. If there is a better, easier way, we are open to suggestions.

• Describe what process your company will use to resolve a complaint by

JMU.

• Describe how your company will resolve a billing error. Who is the point of contact with regard to the billing/invoicing?

• Describe any quality assurance programs that your company has in place.

• Describe how your company will ensure proper cleanup of areas of spillage from emptying containers and spillage or leakage from trucks?

Describe what methods you will use to perform the cleanup of both situations.

• Describe the procedure used when a container has not been picked up as scheduled.

• Describe any other services, such as recycling, that your company may be able to provide to JMU. Please be specific (ex., paper recycling, food waste recycling, cardboard recycling, etc.)

• Describe your company’s dispatch procedures & location.

V. PROPOSAL PREPARATION AND SUBMISSION

A. GENERAL INSTRUCTIONS

To ensure timely and adequate consideration of your proposal, offerors are to limit all contact, whether verbal or written, pertaining to this RFP to the James Madison University Procurement Office for the duration of this Proposal process. Failure to do so may jeopardize further consideration of Offeror’s proposal.

1. RFP Response: In order to be considered for selection, the Offeror shall submit a complete response to this RFP; and shall submit to the issuing Purchasing Agency:

a. One (1) original and one (1) copy of the entire proposal, INCLUDING ALL

ATTACHMENTS. Any proprietary information should be clearly marked in accordance with 3.f. below.

b. One (1) electronic copy in WORD format or searchable PDF (CD or flash drive) of the entire proposal, INCLUDING ALL ATTACHMENTS. Any proprietary information should be clearly marked in accordance with 3.f. below.

c. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and all attachments with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy” on the front cover.

The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. JMU shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy.

No other distribution of the proposal shall be made by the Offeror.

2. The version of the solicitation issued by JMU Procurement Services, as amended by an addenda, is the mandatory controlling version of the document. Any modification of, or additions to, the solicitation by the Offeror shall not modify the official version of the solicitation issued by JMU Procurement services unless accepted in writing by the University. Such modifications or additions to the solicitation by the Offeror may be cause for rejection of the proposal; however, JMU reserves the right to decide, on a case-by-case basis in its sole discretion, whether to reject such a proposal. If the modification or additions are not identified until after the award of the contract, the controlling version of the solicitation document shall still be the official state form issued by Procurement Services.

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

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

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

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 the offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protection of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary.

The proprietary or trade secret materials 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 and return of the proposal.

4. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to James Madison University. 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. James Madison University will schedule the time and location of these presentations. Oral presentations are an option of the University and may or may not be conducted. Therefore, proposals should be complete.

B. SPECIFIC PROPOSAL INSTRUCTIONS

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

1. Return RFP cover sheet and all addenda acknowledgements, if any, signed and filled out as required.

2. Plan and methodology for providing the goods/services as described in Section IV.

Statement of Needs of this Request for Proposal.

3. A written narrative statement to include, but not be limited to, the expertise, qualifications, and experience of the firm and resumes of specific personnel to be assigned to perform the work.

4. Offeror Data Sheet, included as Attachment A to this RFP.

5. Small Business Subcontracting Plan, included as Attachment B to this RFP. Offeror shall provide a Small Business Subcontracting plan which summarizes the planned utilization of Department of Small Business and Supplier Diversity (SBSD)-certified small businesses which include businesses owned by women and minorities, when they have received Department of Small Business and Supplier Diversity (SBSD) small business certification, under the contract to be awarded as a result of this solicitation. This is a requirement for all prime contracts in excess of $100,000 unless no subcontracting opportunities exist.

6. Identify the amount of sales your company had during the last twelve months with each

VASCUPP Member Institution. A list of VASCUPP Members can be found at:

www.VASCUPP.org.

7. Proposed Cost. See Section X. Pricing Schedule of this Request for Proposal.

VI. EVALUATION AND AWARD CRITERIA

A. EVALUATION CRITERIA

http://www.vascupp.org/

Proposals shall be evaluated by James Madison University using the following criteria:

Points

1. Quality of products/services offered and suitability for intended purposes 25

2. Qualifications and experience of Offeror in providing the goods/services 25

3. Specific plans or methodology to be used to perform the services 25

4. Participation of Small, Women-Owned, & Minority (SWaM) Businesses 10

5. Cost 15

AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals.

Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VII. GENERAL TERMS AND CONDITIONS

A. PURCHASING MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review at the purchasing office. In addition, the manual may be accessed electronically at http://www.jmu.edu/procurement or a copy can be obtained by calling Procurement Services at (540) 568-3145.

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 and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state and local laws 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 §10 of the Rules Governing Procurement, Chapter 2, Exhibit J, Attachment 1 (available for review at http://www.jmu.edu/procurement). 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. (§6 of the Rules Governing Procurement).

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 these requirements.

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: 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 submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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 RFPs: 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 the date of offset 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification.

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 (Rules Governing Procurement, Chapter 2, Exhibit J, Attachment 1 § 53; available for review at http://www.jmu.edu/procurement).

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the Commonwealth 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 subcontractors, 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. PRECENDENCE OF TERMS: Paragraphs A through J of these General Terms and Conditions and the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendors, 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 scope of the contract. An 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. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings.

Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty

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

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them 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. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with§ 25 of the Rules Governing Procurement – Chapter 2, Exhibit J, Attachment 1, and 65.2-800 et. Seq. of the Code of Virginia (available for review at http://www.jmu.edu/procurement) The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

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

2. Employer’s Liability: $100,000

3. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability: $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $100,000, as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA web site (www.eva.virginia.gov) for a minimum of 10 days.

S. DRUG-FREE WORKPLACE: 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.

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

U. eVA BUSINESS TO GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, website portal www.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 eprocurement solution by completing the free eVA Vendor Registration. All offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the proposal being rejected.

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

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

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

a. Department of Small Business and Supplier Diversity (SBSD) certified Small

Businesses: 1% capped at $500 per order.

b. Businesses that are not Department of Small Business and Supplier Diversity (SBSD) certified Small Businesses: 1% capped at $1,500 per order.

2. For orders issued prior to July 1, 2014 the vendor transaction fees can be found at www.

eVA.virginia.gov.

3. The specified vendor transaction fee will be invoiced by the Commonwealth of Virginia Department of General Services approximately 60 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

V. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the

Commonwealth of Virginia shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

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

W. PRICING CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offered prices in U.S. dollars.

X. E-VERIFY REQUIREMENT OF ANY CONTRACTOR: Any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with James Madison University to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to any awarded contract.

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…