DOC-24-109 Janitorial Services P&P District 24 Farmville Addendum 001.pdf

DOC-24-109 Janitorial Services Probation & Parole District 24 Farmville

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

PROCUREMENT AND RISK MANAGEMENT

6900 ATMORE DRIVE

RICHMOND, VIRGINIA 23225

QUICK QUOTE

Solicitation Number: DOC-24-109

Issue Date: May 8, 2024

Title: Janitorial Services - Probation & Parole District 24 Farmville

Commodity Code: 91039 Janitorial/Custodial Services

95863 Janitorial Management Services 91003 Building Cleaning, Exterior 91009 Carpet Cleaning, Dyeing, Installation and Repair 96221 Cleaning Services, Steam and Pressure

Please note: Requested supporting documentation that is not submitted electronically, or not attached to your Quick Quote response in eVA, must be received by the Procurement Unit no later than May 28, 2024, at 10:00 a.m. Eastern Standard in order for your bid to be responsive. Email Kasha Garris, kasha.garris@vadoc.virginia.gov, or mail to: Kasha Garris, Department of Corrections, 5511-B Biggs Road, Richmond, VA 23224.

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.

I. SCOPE OF WORK (SPECIFICATIONS)

The Department of Corrections (DOC) is requesting bids for a Contractor to provide janitorial services at the Probation and Parole District #24 Farmville, hereinafter referred to as the Purchasing Agency, which is located at 601 Industrial Park Road, Farmville, Virginia 23901.

Janitorial services shall be provided three (3) days per week on Monday, Wednesday, and Friday, and shall be scheduled during the business hours of 9:00 a.m. through 11:00 a.m. Eastern Standard.

The office space consists of 4,535 square feet including four (4) restrooms, one (1) kitchenette, one

(1) janitorial closet, one (1) urine screen testing area, fifteen (15) offices, one (1) conference room, one (1) group room, one (1) lobby, one (1) break room, and one (1) electrical maintenance room.

The contract period will be for one (1) year from June 1, 2024, through May 31, 2025, and renewable in accordance with Section III, Paragraph D.

Service will not be required on Commonwealth of Virginia State holidays and any other days deemed a State holiday by the Governor (see the Department of Human Resource Management calendar) http://www.dhrm.virginia.gov/payandholidaycalendar).

When a holiday or holidays occur during the month on a day scheduled for services, the Contractor shall deduct a pro-rated amount from the monthly invoice based on the cost per month divided by the number of working days in that month for each day the service is not provided, if the services were not rescheduled and provided on a different date.

In the event that the Contractor cannot make the regularly scheduled days, the Contractor shall contact the Purchasing Agency’s Contract Administrator or designee to advise of the change of schedule.

**Mandatory Site Visit:

Please contact Jane Hamlett at 434.315.5301 to schedule a time for your site visit, this is a mandatory site visit.

A. GENERAL REQUIREMENTS:

1. The Purchasing Agency will provide all paper products, toilet tissue, hand towels, and soap.

2. The Contractor shall provide all other needed items including but not limited to: floor buffer, carpet cleaner, trash bags, cleaning products, other equipment and/or supplies and all labor and supervision required to provide the services as detailed in the Scope of Work.

3. The Contractor shall provide a copy of the Scope of Work to all assigned personnel, to assure services and quality performance.

4. The Contractor or their designee shall meet with the Purchasing Agency’s Contract Administrator quarterly, at a minimum, to review the contract and any compliance issues.

5. The Contractor shall submit a proposed schedule for the initial deep cleaning, quarterly, and annual services to be rendered, shall be presented to the Purchasing Agency’s Contract Administrator, Jane Hamlett, for approval prior to commencement http://www.dhrm.virginia.gov/payandholidaycalendar of any services. Any change to the agreed upon schedule shall be subject to approval by the Purchasing Agency’s Contract Administrator.

6. The Contractor shall provide three (3) competent employees, two (2) assigned and one (1) alternate, who possess valid state identification, and can communicate clearly in English to the Purchasing Agency’s Contract Administrator.

7. The Contractor’s assigned personnel shall complete, sign (in and out), and date the

Janitorial Checklist at each service, located in the janitorial closet.

B. CLEANING SCHEDULE:

1. Monthly Services:

A. Weekly (three [3] times per week-Monday, Wednesday, and Friday):

a. Empty all trash receptacles, including shredders and place in the dumpster provided.

b. Affix new can liners to all trash receptacles, if soiled.

c. Spot clean carpet and rugs using stain-removers, as needed.

d. Vacuum all carpets and rugs.

e. Contractor will not be responsible for removal of staples from carpet.

f. Sweep, damp mop and sanitize all hard surface vinyl and tile flooring and baseboards; and remove all scuffmarks.

g. Clean and disinfect the drinking fountains. Spray bubbler, basin, and any push buttons or push bars with mild cleaner, disinfect and dry using a clean dry cloth.

h. Scour all sinks’ exterior, interior and sink wall with mild cleaning solution, sanitize and dry with a clean dry cloth. Polish bright work.

i. Thoroughly clean and sanitize restroom toilets and urinals. Apply cleaning solution to exterior (handles, toilet seat, bowl, base) and interior (rim, flush-holes, bowl, under rim of bowls, passage drains), clean and disinfect. Replace urinal screens, as needed.

j. Clean and disinfect all restrooms, urine screen testing area, and kitchenette surfaces, countertops, cabinets, cabinet handles, stall doors, stall handles and locks, dispenser handles (paper towel and soap dispensers) and wall around dispensers. Using a clean damp cloth, mild soap, disinfect and dry with a clean dry cloth. Polish facet bright work.

k. Clean and disinfect all mirrors and frames. Shine mirrors using glass cleaner and a clean dry cloth.

l. Clean and disinfect all interior glass. Shine glass using glass cleaner and a clean dry cloth.

m. Replace soap, toilet tissue and hand towels in the appropriate dispensers, as needed.

n. Clean and disinfect exterior (main entrance/exit) and all interior doors, door frames, door handles, and light switches. Remove all scuffmarks, dirt, handprints, etc. Using a clean damp cloth or disinfectant wipes and dry with a clean dry cloth.

o. Clean the waiting area’s bullet resistant window. Using glass cleaner and a clean dry cloth.

p. Dust, clean and disinfect waiting area seating. Using a clean damp cloth or disinfectant wipes and dry with a clean dry cloth.

q. Remove trash and debris from outside main entrance/exit door and sweep.

r. Dust all signs, pictures on walls, corners, and windowsills.

s. Dust and polish all horizontal surfaces (where possible, avoiding moving any papers) i.e., desks, tables, bookcases, TV stand, shelves. Wipe tops of file cabinets with a clean damp cloth and dry with a clean dry cloth.

t. Clean and disinfect the vending machines’ exterior, buttons, and dispensing tray. Remove stains with a clean damp cloth and mild cleaning solution, as needed. Use glass cleaner and a clean dry cloth for glass window.

u. Remove dust from all air vents, using a cleaning brush and vacuum to clean grills.

v. Dust and sweep or vacuum to remove cobwebs from all areas, floor to ceiling.

B. Weekly (One [1] time per week-Friday):

a. Clean waiting area seating hard surfaces with a clean damp cloth, using mild soap and dry with a clean dry cloth. Vacuum fabric. Spot clean fabric with stain removers and using a clean damp cloth, as needed.

2. Quarterly (four [4] times per year):

a. Clean, buff, and apply non-abrasive wax to all hard surface flooring.

b. Spot clean using stain-removers and steam vacuum all carpet and rugs.

c. Remove bugs from light fixtures.

d. Clean the exterior and interior of shades and the arms of interior light fixtures using a clean damp cloth and dry with a clean dry cloth. Shine glass using glass cleaner and a dry cloth or paper towel.

3. Annually (one [1] time per year):

a. Pre-cleaning treatment and deep clean all carpet and rugs.

b. Remove, wash, clean, and re-install all mini blinds. Using a clean damp cloth, mild soap and dry with a clean dry cloth.

c. Wash and clean air ducts with cleaning brush or a clean damp cloth, mild soap and dry with a clean dry cloth.

d. Wash and clean all windows’ exterior and interior. Using a soft brush or sponge and mild streak-free window cleaner, rinse and dry with a clean dry microfiber cloth.

4. Initial Deep Cleaning (one [1]):

a. Per Attachment E Deep Cleaning Checklist.

*Note: If furniture needs to be moved, labor cost should be included in your Price Schedule for line items 2, 3 and 4.

**Additional Hours as Needed: Will be addressed with the contract administrator and billed at the hourly rate in the Price Schedule Line Item 5.

C. CONDUCT OF EMPLOYEES:

1. The Contractor shall be responsible for controlling employee conduct, for assuring that its employees are not boisterous or rude, and assuring that they are not engaging in any destructive or criminal activity. The Contractor is also responsible for assuring that its employees do not disturb papers on desks, open desk drawers, cabinets, briefcases, or use state phones, except as authorized. The Contractor and its employees shall conduct themselves in a professional manner and not read newspapers, books, or similar items while at the job site. In addition, the Contractor’s employee shall not fraternize with Purchasing Agency’s employees while at the job site.

2. The Purchasing Agency reserves the right to request the removal of any of the

Contractor's employees from the building at any time. Such requests will be made to the Contractor’s supervisory personnel.

3. At no time shall the Purchasing Agency assume the role of the supervisor of the

Contractor's personnel. Should the Purchasing Agency observe any action by the Contractor's personnel that requires correction, they shall immediately report the action to the Contractor's supervisor, who in turn shall take immediate corrective measures. In the event the Contractor's supervisor does not take immediate corrective measures, the Purchasing Agency shall exercise the option of requesting the removal of the offending Contractor's employee from State property. The Purchasing Agency will make a written report of any occurrence of misconduct by the Contractor's employees to the Contract Administrator within twenty-four (24) hours of such an occurrence.

It is agreed that any of the following actions by the Contractor's employee(s) shall be cause for removal. These include but are not limited to:

1. Employee in any portion of the building in which their presence is not required by the work.

2. Using any DOC telephone without the express permission of the Purchasing Agency’s representative and/or making long distance calls at the Commonwealth’s expense.

3. Sitting on any furniture in the office areas.

4. Using any office equipment or supplies in the office areas.

5. Opening any drawers, cabinets, files, etc., or reading or removing any letters, documents, etc.

6. Engaging in any loud, boisterous, or un-workmanlike conduct.

7. Consuming food or beverage in any area of the building other than the kitchen.

D. EMERGENCY SERVICE & SPECIAL CLEANING:

In the event of an emergency such as burst pipes, etc., the Purchasing Agency may request that the Contractor retain some personnel after the Contractor's normal ending time of work to clean the damaged areas for the next day's business. In the event this should happen, the

Contractor shall bill the Purchasing Agency the hourly rate submitted on the bid submission, for additional janitorial services not covered in the Scope of Work (see Attachment A: 4.

Price Schedule, line item 5). Verbal requests by the Purchasing Agency’s Contract Administrator or designee will only be given in case of emergency and a purchase order will be issued to cover any verbal request. The invoice shall list the date additional service was rendered, the number of employees held over, the number of hours each employee worked, the name of the Purchasing Agency’s Representative or his designee requesting the additional work, and the Purchase Order number.

When directed by the Purchasing Agency, in writing, to clean an area for a special occasion, or made necessary by an emergency or mishap, the Contractor shall furnish all labor as required to fulfill the order. In the event this should happen, the Contractor shall bill the Purchasing Agency at the hourly rate submitted on the bid submission, for additional janitorial services not covered in the Scope of Work (see Attachment A: 4. Price Schedule, line item 5). Verbal requests by the Purchasing Agency’s Contract Administrator or designee will only be given in case of emergency and a purchase order will be issued to cover any verbal request.

E. INCLEMENT WEATHER:

The Contractor shall make every reasonable effort to provide custodial services when State employees are excused early because of snow or other hazardous driving conditions.

However, in the event custodial services cannot be provided, the Contractor shall deduct a pro-rated amount from the monthly invoice, based on the cost per month, divided by the number of working days in that month, for each day the service is not provided.

F. ON-SITE STORAGE:

The Purchasing Agency will supply reasonable and suitable on-site storage space for such cleaning equipment and materials as the Contractor deems necessary for the performance of the Contract.

II. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at http://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 bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where http://www.eva.virginia.gov/ applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and

(b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract.

If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: 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. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/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.

I. 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) 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 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.

J. 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.

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

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

M. 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.

N. 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.

O. 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 coverage 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:

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.)

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

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

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

Q. 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.

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

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:

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

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

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

2. 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.

S. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

T. 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 “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation.

DSBSD-certified micro business or small businesses this include 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.

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

V. 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.

W. 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.

III. SPECIAL TERMS AND CONDITIONS

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

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

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

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

D. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for four successive one year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal.

Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

1. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

E. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for

(90) 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. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that

I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

G. MATERIAL SAFETY DATA SHEETS: Material Safety Data Sheets and descriptive literature shall be provided with the bid/proposal for each chemical and/or compound offered.

Failure on the part of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as nonresponsive.

H. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

I. CONTINUITY OF SERVICES:

1. The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees:

(i) To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

(ii) To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

(iii) That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

2. The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.

3. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the Contract Officer in writing prior to commencement of said work.

J. FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that results in an increase in contractor’s costs to a level that renders performance under the Agreement impracticable, the Commonwealth may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 25% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Commonwealth under this Agreement.

Prior to the Commonwealth agreeing to a price increase pursuant to this Section, the contractor must provide to the Commonwealth, the following documentation, all of which must be satisfactory to the Commonwealth:

- evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Commonwealth under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and (iii) contractor’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Commonwealth to verify that the tariff is the cause of the price change.

-…