DAS Quick Quote Statement Of Work - Final BMP094566 RFX ID 128399.pdf

COMMONWEALTH OF VIRGINIA

VIRGINIA INFORMATION

TECHNOLOGIES AGENCY (VITA)

7325 BEAUFONT SPRINGS DRIVE

RICHMOND, VA 23235

Quick Quote (Unsealed Bid) Set-Aside For Small Business Award Priority

Solicitation Number:

Issue Date:

Title:

Commodity Code(s):

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.

Please note:

All proposals with the requested supporting documentation must be submitted electronically in the eVA system to your Quick Quote response. Responses must be received by the VITA Internal Procurement Officer, no later than the due date/time: September 23rd, 2026, at 3:00 PM, for your bid to be considered responsive.

Questions - E-mail directly to: holly.squares@vita.virginia.gov

BMP094566 / RFX ID# 128399

9/14/2026

Distributed Antenna System D Replacement

83883 - Telecommunication (Internet Protocol) Network Monitoring, Surveillance, Intrusion Detection Systems and Networking Products 83896 - Wire and Cable, Telecommunication (Not Otherwise Specified) 28029 - Communications/Telecommunications Cable and Wire 93972 - Radio / Telecommunications Equipment Maintenance and Repair

Holly Squares Highlight

I PURPOSE

II S

III TECHNICAL REQUIREMENTS

IV DELIVERABLES & MILESTONES

V VENDOR QUALIFICATIONS

VI

VII

VIII

X

IX METHOD OF PAYMENT

GENERAL TERMS AND CONDITIONS . 0

XI SPECIAL TERMS AND CONDITIONS

I. PURPOSE

The purpose of this solicitation is to establish a contract with a single, qualified contractor to replace the existing Distributed Antenna System (DAS) at Virginia Information Technologies Agency (VITA) Headquarters. The selected vendor will be responsible for all project phases, including conducting a comprehensive assessment, developing the full design package, deploying equipment and installing or reusing existing cabling where appropriate, and system performance testing. The final infrastructure must deliver robust, seamless indoor cellular connectivity that fully supports AT&T, Verizon, and T-Mobile networks.

II. SCOPE OF WORK

VITA requires replacement of the current Distributed Antenna System (DAS) at our Headquarters located at 7325 Beaufont Springs Drive, Richmond, VA 23225. The Contractor shall execute the project across the following core phases:

Assessment & Design

• Site Survey: Conduct a comprehensive site survey of the VITA Headquarters facility.

• Floor Plan Validation: Obtain, review, and validate existing architectural floor plans to map out coverage zones.

• Pathway Identification: Map out vertical/horizontal cable pathways, rooftop access points, and optimal antenna mounting locations.

• Donor Signal Evaluation: Measure and evaluate existing donor signal strength, quality, and structural conditions on the rooftop.

• Existing Infrastructure Analysis: Assess the integrity of current cable runs to determine if they can be reused.

• Design Package: Produce and submit a comprehensive DAS Design Package for VITA approval prior to procurement or installation. The package must include:

System architecture diagrams Exact equipment and component locations Detailed cable routing plans (prioritizing existing runs where feasible) Antenna placement layouts and predicted coverage heat-maps Detailed power, thermal, and network back-haul requirements

System Implementation & Installation

• Safety & Compliance: Adhere strictly to all VITA construction, security, and safety guidelines.

• Equipment Procurement & Installation: Furnish and install all required infrastructure components, including but not limited to:

Network Unit(s) Coverage Units (CUs) Donor and Omni antennas Splitters, couplers, attenuators, jumpers, and grounding hardware

• Cabling Infrastructure: Utilize existing cable runs wherever technically viable. If existing cabling fails testing or cannot support the design requirements, the Contractor shall install new, compliant high-grade cabling.

• Firmware & Configuration: Execute full system configuration, apply the latest software updates, and ensure version alignment across all active components.

System Commissioning & Testing

• Post-Integration Benchmarking: Perform rigorous post-installation testing to validate system performance across AT&T, Verizon, and T-Mobile networks. Testing must verify:

Data throughput speeds (Uplink and Downlink) Voice call continuity, setup success, and retention rates Signal strength (RSRP) and quality (SINR) boundaries

• Closeout Documentation: Deliver a Closeout Package containing a Final Acceptance Test Report, as-built drawings, system configurations, and automated RF data logs.

III. TECHNICAL REQUIREMENTS

System Capabilities & Carrier Integration The proposed DAS must be an enterprise-grade solution meeting these minimum metrics:

• Multi-Carrier Architecture: Native, simultaneous support for AT&T, Verizon, and T- Mobile.

• Spectrum Spectrum Compatibility: Full compatibility with current LTE, 5G Sub-6 GHz, and carrier-specific technologies.

• Verizon UWB Support: Native support for Verizon 5G Ultra-Wideband (UWB), including millimeter wave bands n260 (39 GHz) and n261 (28 GHz), alongside mid-band extensions.

• C-Band Readiness: Native support for Verizon 5G C-Band (n77) and future spectrum refarming allocations.

• AT&T & T-Mobile Mid/Low Band Support: Native support for bands n5, n41, n71, n77, and all associated 5G expansion spectrum.

• Cloud Management: Integrated cloud-based monitoring, secure remote access, real-time SNMP alerting, and automated firmware push capabilities.

• Modular Upgradability: Designed to accommodate carrier spectrum changes via software adjustments, minimizing the need for future physical hardware replacements..

System Capabilities & Carrier Integration All works and components must comply with the latest revisions of the following codes:.

• NEC: National Electrical Code

• NFPA: National Fire Protection Association codes

• ANSI/TIA-568: Commercial Building Telecommunications Cabling Standard

• ANSI/TIA-569: Telecommunications Pathways and Spaces

• ANSI/TIA-607: Generic Telecommunications Bonding and Grounding for Customer

Premises

Cabling Infrastructure Requirements

• Testing: All new or reused cables must undergo testing.

• Labeling: If new cables are installed, implement a clean, systematic labeling scheme on both ends of all cable runs, patches, and junction boxes.

• Reuse Priority: Maximize the utilization of existing cable runs provided they pass performance verification.

Electrical & Facility Demarcation VITA will provide the following infrastructure boundaries at designated telecom points:

• One dedicated quad 120V/15A AC outlet per equipment location.

• Access to telecom rooms, closets, and vertical shafts.

Note: The Contractor must explicitly itemize any additional electrical, grounding, or HVAC thermal cooling loads required by their specific design within the proposal.

Future-Proofing Assurance The proposed system architecture must meet long-term network roadmaps:

• 6-Year Technology Lifecycle: Capability to support emerging carrier signal technologies for at least 6 years post-acceptance, including 5G NR Releases 17 & 18, 5G Advanced, and enhanced carrier aggregation.

• Expansion Paths: Documented paths for adding donor antennas, expanding Coverage Units (CUs), upgrading fiber modules, and performing software-defined band activations.

• Documentation Matrix: The proposal must clearly define absolute hardware limitations, including maximum carrier limits, total concurrent frequency bands, and ultimate expansion capacity constraints.

IV. DELIVERABLES & MILESTONES

The project will follow a structured milestone schedule. The Contractor must provide a detailed timeline mapping out these key execution phases:

Project Management

• Meetings: Lead regular project status meetings (kickoff, weekly updates, and closeout).

• Scheduling: Develop, track, and maintain a baseline Master Project Schedule. Proactively communicate any timeline risks.

• Stakeholder Coordination: Coordinate all on-site activities seamlessly with VITA Facilities, Internal IT teams, and carrier representatives.

Agency Responsibilities To avoid project friction or delays, VITA will be responsible for providing:

• Timely administrative approvals on all engineering design documents and change control requests.

• Continuous building access, badges, and escorts for Contractor personnel to all telecom closets, mechanical rooms, and rooftop spaces.

• Primary facility electrical infrastructure up to the designated equipment quad outlets.

• Accurate, current architectural floor plans.

• Liaison coordination between the Contractor and VITA corporate building management/ leasing teams.

• Labor Warranty: Minimum of a one (1) year comprehensive workmanship and labor warranty starting from the date of final client acceptance.

• Response SLAs: Documented emergency and non-emergency technical response/ replacement timelines within the proposal package.

Warranty & Service Level Agreements (SLA)

The Period of Performance is TBD.

• Experience: Successful deployment of at least one (1) corporate or government indoor multi-carrier active/digital DAS of similar scale and complexity within the last five (5) years.

• References: At least one (1) verifiable client reference from a completed project of similar scope, including contact name, entity, and phone/email.

• Insurance: Proof of valid commercial insurance coverages (General Liability, Workers' Comp, Professional Liability) meeting state agency thresholds.

Acceptance Criteria VITA will formally accept the system and authorize final payment only when the following conditions are met:

• Approved Design: Deliverable documentation matches the initial approved engineering parameters.

• Physical Quality Check: Installation is structurally complete, clean, labeled, and fully compliant with all listed NEC/TIA codes.

• Performance Certification: RF validation test data confirms signal strength and data speeds meet or exceed specific carrier benchmark standards throughout the designated facility zones.

• Coverage Mapping: Grid-based walk-test coverage heat-maps demonstrate full, uniform signal footprint compliance.

• Turnover Documentation: Delivery of all operation manuals, configuration backups, administrative credentials, and proof of staff training completion.

• Sign-off: Execution of the formal Project Acceptance Sign-off document by authorized VITA stakeholders.

VI. PERIOD OF PERFORMANCE

V. VENDOR QUALIFICATIONS

To ensure an enterprise-grade deployment, the responding Contractor must provide documented evidence of the following criteria:

VII. RESPONDING TO THE REQUEST

Offerors shall submit a comprehensive proposal that convincingly depicts all of their capabilities, qualifications, resources, plans and processes, which can successfully enable the fulfillment of all the requirements delineated in this solicitation.

Proposals should be as thorough and detailed as possible, so that the Proposal can be properly evaluated by the Evaluation Team for the Offeror’s capabilities to provide the required services.

Offerors are required to submit the following items, within the proposal and/or in the sequential order corresponding to the related sections of this request.

Pricing Structure The Contractor's financial proposal must be structured using the following discrete categories:

• Itemized Project Costs: Separate line-item breakouts for Engineering/Design, Installation Labor, and Materials/Hardware.

• Travel & Incidentals: All-inclusive line items for travel, shipping, and equipment rentals. No hidden surcharges allowed.

• Change Order Rates: A fixed schedule of hourly labor rates by role for any out-of-scope work requested by VITA.

• Maintenance Packages: Separate fixed pricing for 3-year and 5-year operational maintenance options.

• Not-to-Exceed (NTE) Cap: A binding, overall maximum fixed price for the baseline project scope.

Plans for Providing Services The Offeror should also address each of the following topics in separate and distinct sections to describe the Contractor’s approach to providing each of the services and each of the requirements stated in the solicitation herein, in addition to specifically addressing the following:

• A proposed timeline/deliverable schedule with the bid price schedule. Include any other data and information necessary to support your proposal.

• List of references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

• Identify by name, title, and location the individual(s) who will be responsible for implementing services and overall management of any possible contract.

• Primary day-to-day contact for VITA, together with resumes for key personnel.

• Any additional services offered not specifically mentioned in the solicitation contained herein.

Optional Maintenance Services (Offerer Proposed) It is requested that the Offerer provide tiered pricing for optional ongoing maintenance packages, which must outline:

• Quarterly preventative maintenance and system health checks.

• Hardware replacement SLAs for failed components (Next Business Day or better).

• On-demand coverage spot checks and remote troubleshooting.

• Primary day-to-day contact for VITA, together with resumes for key personnel.

• Annual optimization reviews to adjust for macro-network environmental changes

VIII. EVALUATION AND AWARD CRITERIA

Evaluation Criteria The Proposal Evaluation Committee will review all proposals received by the proposal submission deadline. Proposals must be complete and responsive to all sections of the request. Proposals that do not fulfill all solicitation requirements or omit any of the requested contents may receive a reduced evaluation score.

Award Criteria VITA will make the award on the evaluation criteria basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. VITA also reserves the right to reject any or all proposals, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

IX. METHOD OF PAYMENT

Invoices The Contractor’s fee will be paid within thirty (30) days upon receipt of a valid invoice. All invoices shall be rendered promptly to VITA after all Services covered by the invoice have been provided.

No invoice may include any cost other than those identified in the Agreement or individual Order referencing this Contract.

Contract Services For any valid invoice that exceeds $10,000, payment will be made, within thirty (30) days of receipt of a valid invoice. The Contractor shall submit a valid invoice(s) to the following address by the tenth (10th) day of the month following the month in which Services were rendered. Invoices shall be mailed to:

Virginia Information Technologies Agency Attn: Accounts Payable

7325 BEAUFONT SPRINGS DRIVE

RICHMOND, VIRGINIA 23225-5555

UNITED STATES

804-416-6318 ap@vita.virginia.gov

For any valid invoice that is $10,000.00 or less, payment may be made using the Commonwealth of Virginia’s Small Purchase Card (SPCC). Unless a SPCC card user with VITA has a limit available over the $10,000 limit.

X. GENERAL TERMS AND CONDITIONS

The terms and conditions are MANDATORY and shall be included in any Contract awarded.

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 www.eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

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.

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 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. DELETED.

I. DELETED.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract.

All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

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

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

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

Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

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

AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances.

In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

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

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

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may terminate this contract and procure all goods and/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. Deleted.

R. Deleted.

S. Deleted.

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

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The

Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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

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

V. 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.

W. 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.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site 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 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 www.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.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound here under 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.

Z. 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/offerors 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/proposals.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

BB. 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.

CC. 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.

DD. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services.

EE. FORCED OR INDENTURED CHILD LABOR: During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD: The Commonwealth will make the award on total sum basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon five (5) calendar days’ written notice to the contractor. In the event of an unforeseen obstacle, the purchasing agency and the Contractor may reschedule at a time acceptable to both parties. In the event of Force Majeure, an extraordinary force, natural event, or effect that cannot be reasonably anticipated or foreseen, prevented, or controlled, the Commonwealth reserves the right to postpone the event until a mutually agreeable time between the Commonwealth and the Contractor. Such circumstances would be beyond the Commonwealth’s control, making performance inadvisable, commercially impracticable, illegal, or impossible. These circumstances may include, but are not limited natural disasters like hurricanes, floods, earthquakes, and weather disturbances sometimes referred to as “acts of God.” Other covered events m a y include war, terrorism or threats of terrorism, civil disorder, labor strikes or disruptions, fire, disease or medical epidemics or outbreaks, and curtailment of transportation facilities preventing or delaying attendance by at least twenty-five percent of meeting participants.

XI. SPECIAL TERMS AND CONDITIONS

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.

D. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one (1) purchase order with the applicable eVA transaction fee assessed for each order.

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

F. 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.

G. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the Commonwealth’s use and shall include all applicable freight and installation charges;

extra charges will not be allowed.

H. 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 months entering into a contract in excess of $50,000 with any agency of the Commonwealth 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 such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

I. REFERENCES: Bidders shall provide a list of at least 3 references where similar goods and / or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE

1. ________________ _________________ ____________________ _____________

2. ________________ _________________ ____________________ _____________

3. ________________ _________________ ____________________ _____________