DOC-24-112 Outpatient Substance Use Disorder Tx Srvcs IFB Solicitation 06072024.docx

COMMONWEALTH OF VIRGINIA PROCUREMENT AND RISK MANAGEMENT DEPARTMENT OF CORRECTIONS RICHMOND, VIRGINIA 23225

INVITATION FOR BIDS

Solicitation Number: DOC-24-112

Issue Date: June 7, 2024

94876 Psychological Services 94886 Therapy & Rehabilitation Services 95205 Alcohol & Drug Detoxification 95206 Alcohol & Drug Prevention 95221 Counseling

Issuing Agency: Commonwealth of Virginia Department of Corrections Procurement and Risk Management, Room 2150 6900 Atmore Drive Richmond, Virginia 23225 Using Agency: Department of Corrections – Central Region, Districts, 9, 25, and 26

The purpose of this Invitation for Bids (IFB) is to solicit competitive bids to establish a contract for Outpatient Substance Use Disorder Treatment Services for Districts 9, 25 and 26 in the Central Region.

The contract period will be one year from date of award, and may be renewable in accordance with section V, paragraph_E_.

Submitted bids will be received until 2:00 p.m., June 20, 2024 for furnishing the services described herein and then will be opened in public.

All bids received after the appointed date and time for receipt, whether by mail or otherwise, will not be considered for an award. The time of receipt shall be determined by either the time received in the Issuing Agency's Purchasing Office, or the time uploaded into eVA for bids submitted

IFB# DOC-24-112, Outpatient Substance Use Disorder (SUD) Treatment Services for Districts 9, 25 and 26 electronically within eVA. Bidders have the sole responsibility for assuring that bids are received in the Purchasing Office by the designated date and time.

If bids are hand delivered, they must be delivered to the Issuing Agency’s Purchasing Office at 6900 Atmore Drive, Richmond, Virginia 23225. Hand delivered bids must be delivered in ample time to allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation.

If bids are mailed or delivered by express mail, they must be delivered to 5511-B Biggs Road, Richmond, VA 23224. Faxed, emailed, or oral bids will not be accepted.

Bidders must be registered in eVA in order to submit and upload an electronic bid within eVA. The following are instructions for submitting an electronic bid within eVA:

1. Go to eVA.virginia.gov;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and

4. Click on Viewing and Responding to Solicitations. If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866- 289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time.

All inquiries for information should be directed to Keira Williams at 804-887-8461, 804-674-3541 (FAX #), or at keira.williams@vadoc.virginia.gov.

The attached Bid Form shall be used for submitting bids. The Bid Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.

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.

Keira Williams, VCA

I. PURPOSE – The Virginia Department of Corrections, hereafter referred to as the Purchasing Agency, is requesting bids to establish contracts with multiple contractors to provide multilevel Substance Use Disorder Treatment (SUD) services to Districts 9 (Charlottesville), 25 (Leesburg) and 26 (Culpeper) in the Central Region.

Any resulting contracts will not guarantee business to any Contractor, but will provide a method to obtain services on an as-needed basis.

The Purchasing Agency reserves the right to add locations and remove locations, if necessary, during the term of any resulting contract(s). Locations may be added or removed via a contract modification.

II. SCOPE OF WORK

1.1. Treatment Services

The Contractor shall provide one (1) or more of the Substance Use Disorder Treatment (SUD) as detailed in items, 1- 4 below to referred supervisees either in-person, virtually, or using a hybrid arrangement at the discretion of the Chief Probation Officer, Superintendent, or their designee. The services shall adhere to Evidence Based Practices (EBP), Attachment A, and shall incorporate cognitive behavioral strategies to facilitate positive change. The Provider shall utilize interventions that challenge cognitive distortions and maladaptive behaviors, attend to gender specific issues, identify behavioral triggers of relapse, promote rehearsal of pro-social behaviors and emphasize positive reinforcement for appropriate behavior. The Contractor shall provide one or more of the specific programs listed under each type of corresponding intervention. The Contractor shall be responsible for obtaining training in the specific programs offered and will offer the program with consistent fidelity to the applicable model. The treatment services shall be in accordance with the Code of Virginia 54.1-3507 applicable to substance abuse treatment services and any other federal and local laws, zoning ordinances, and codes that may apply.

1.1.1. Bio-Psychosocial Assessment: The Contractor shall provide one (1) session, not less than 60 minutes designed for further comprehensive substance abuse evaluation, assessment, and treatment plan development. This session shall be conducted by a certified or licensed professional with proper supervision as determined by their supervising board. The assessment and recommended ASAM level of care will be the determinate factor for services.

1.1.1.1. Accepted Assessment:

1.1.1.1.1. ASI (Addiction Severity Index) in conjunction with TCU Drug Screen 5 including the opiates supplement

1.1.1.1.2. ASAM Assessment (American Society of Addiction Medicine)

1.1.2. Outpatient Group Counseling: The Contractor shall provide a minimum of one (1) session per week with a minimum of one and one-half (1 ½) hours per session. The recommended group size shall be determined by the curriculum utilized. It is recognized it may be necessary to exceed this number when there may not be enough participants to start an additional group; for a limited time not longer than four weeks and with pre-approval by the Probation and Parole Chief or his\her designee, groups may be held that do not meet the minimum and maximum group sizes. The approval documentation should accompany the

Monthly Invoice Sheet. For virtual groups, at no time should there be fewer than three (3) enrolled participants with a maximum of eight (8) enrolled participants. For in-person groups, at no time should there be fewer than four (4) enrolled participants with a maximum of twelve (12) participants. These sessions shall be conducted by a certified or licensed professional with proper supervision determined by their supervising board.

See attachment H for Accepted Programs

1.1.3. Intensive Outpatient Group Counseling: The Contractor shall provide a minimum of nine

(9) hours of intervention per week to the supervisee including process groups and individual counseling as deemed clinically appropriate. The recommended group size shall be determined by the curriculum. It is recognized it may be necessary to exceed this number when there may not be enough participants to start an additional group. For virtual groups, at no time should there be fewer than three (3) enrolled participants with a maximum of eight (8) enrolled participants. For in-person groups, at no time should there be fewer than four (4) enrolled participants with a maximum of twelve (12) participants. For a limited time not longer than two weeks and with pre-approval by the Probation and Parole Chief or his\her designee, groups may be held that do not meet the minimum and maximum group sizes. The approval documentation should accompany the Monthly Invoice Sheet. These sessions shall be conducted a certified or licensed professional with proper supervision determined by their supervising board.

See attachment H for Accepted Programs

2.1 Accepted Program Curriculum for Outpatient and Intensive Outpatient Treatment Group sessions:

The Purchasing Agency recognizes the importance of providing comprehensive substance use disorder treatment services, which may include the need to address Co- occurring Disorders. A co-occurring disorder is the presence of substance use and mental health disorders (including trauma) occurring simultaneously without implication as to the causal effect of one over the other, nor which disorder is primary versus secondary. Members who are experiencing a co-occurring substance use and mental health disorders may experience greater impairments in functioning. Providers who are trained and practicing within the scope of their practice, in working with members with both substance use, and mental health disorders should ensure both conditions are addressed in treatment.

Treatment programs for Co-Occurring Disorders is accepted as an appropriate treatment service under this contract provided the curriculum and/or group modality is evidenced-based and is focused on addressing both the substance use disorder and mental health disorder concurrently.

See attachment H for Accepted Programs. This list includes examples of Substance Abuse Curriculum, Cognitive Behavioral Curriculum, Trauma Curriculum and Journaling Curriculum. This is NOT an all-inclusive list. If the vendor has questions regarding their chosen curriculum, please contact the Contract Administrator for assistance.

Anger Management is NOT considered an SUD specific curriculum and is not approved under this contract.

3.1 Individual Session: The Contractor may provide individual sessions of 60-minutes as an adjunct to outpatient group or intensive outpatient group counseling services. The objective of such sessions shall be to determine individual treatment needs (including review and update of the individual treatment plan), overcome individual obstacles to the completion of treatment, or address other issues that are not appropriate in a group setting. These adjunct sessions do NOT need pre-approval and should be limited to no more than two sessions per month.

If a supervisee is assessed and determined to need individual sessions exclusively then Pre-approval by the Probation and Parole Chief or his\her designee shall be required for a set number of weekly sessions (minimum of 60 minutes) with periodic re- approval until such time the individual is determined to be appropriate for group counseling.

These sessions shall be conducted by a certified or licensed professional with proper supervision as determined by their supervising board.

A. General Requirements

1. The Contractor shall:

a. Ensure that all of its staff members are certified and/or licensed to provide the services. The acceptable certifications are certified substance abuse counselor, or certified substance abuse counselor - supervisee (issued by the Virginia Board of Counseling), along with the following:

i. Credentialed addiction treatment professionals licensed or registered with the appropriate Board in the following roles: (i) an addiction- credentialed physician or physician with experience or training in addiction medicine; (ii) physician extenders with experience or training in addiction medicine; (iii) a licensed psychiatrist; (iv) a licensed clinical psychologist; (v) a licensed clinical social worker; (vi) a licensed professional counselor; (vii) a registered psychiatric clinical nurse specialist; (viii) a licensed psychiatric nurse practitioner; (ix) a licensed marriage and family therapist; (x) a licensed substance abuse treatment practitioner; (xi) residents under supervision of a licensed professional counselor (18VAC115-20-10), licensed marriage and family therapist (18VAC115-50-10), or licensed substance abuse treatment practitioner (18VAC115-60-10) and registered with the Virginia Board of Counseling; (xii) residents in psychology under supervision of a licensed clinical psychologist and registered with the Virginia Board of Psychology (18VAC125-20-10); or (xiii) supervisees in social work under the supervision of a licensed clinical social worker and registered with the Virginia Board of Social Work (18VAC140-20-10).

ii. CCJP (issued by the Virginia Certification Board), CADC (Certified Alcohol and Drug Counselor), CAADC (Certified Advanced Alcohol and Drug Counselor), CCS (Certified Clinical Supervisor) issued by the Virginia Certification Board); The CCJP, CADC, CAADC and CSS is an international, reciprocal credential that uses the IC&RC examination. While many employers accept these credentials, they may also require professionals to obtain the state-specific credential from the Virginia Board of Counseling known as the CSAC or LSATP. The individual providing services MUST be certified or licensed as indicated in the Commonwealth of Virginia.

iii. The Contractor shall provide clinical supervision by a person trained, qualified, and approved by the appropriate licensing board, or having credentials deemed by the Purchasing Agency to be equivalent, to providing clinical supervision in a substance abuse setting.

b. Perform validated screening instruments, evaluations/assessments on supervisees referred by the Purchasing Agency. Only the Purchasing Agency shall make all referrals. Supervisees cannot refer themselves to the Provider.

c. Develop an individualized treatment plan for each supervisee. Elements of the plan shall include the development of individual treatment goals and objectives, strategies to achieve them, and an estimated completion date. The Supervisee and Contractor shall review and sign the treatment plan. The signed treatment plan shall be submitted to the supervising Probation and Parole Officer.

d. Ensure that referred supervisee co-payments are shown on invoices presented to the Purchasing Agency. Invoices shall detail the name of each referred supervisee, dates of service, unit of service delivered (group/session), fee for service per the MOA, any referred supervisee co-payments and amount due. The Provider shall provide each referred supervisee a written receipt for each co-payment. The collection of referred supervisee co-payments shall be handled through the Provider’s normal means. Those supervisees determined to not be receiving Medicaid or other 3-party insurance will be paid for according to this contract. VADOC will not be responsible to pay for any co-pays or overages incurred for a supervisee who is covered by Medicaid or another 3rd- party payer.

e. Establish and maintain a case file for each referred supervisee. The Contractor shall collect the signature of each referred supervisee at each billable group session (Service 2 and 3 only), or revision to the treatment plan. The Contractor shall submit this data to the Purchasing Agency designee on a monthly basis in the required format, using Attachments E-F, M-N, and R.

1. Attachment E – Participant Monthly Progress Report (Optional – TBD by the District)

2. Attachment F – Termination/Discharge Report (Optional – TBD by District)

3. Attachment L – Monthly Invoice Summary

4. Attachment N – SUD Treatment Services Sign-In Log

5. Attachment R – Assessment Summary (Form Optional -TBD by District)

f. Collaborate with the supervising Probation and Parole Officer on the initial validated risk/needs assessment, supervision, and treatment plan, and needed revisions. The treatment plan shall address identified needs, triggers for high- risk or non-compliant behaviors, evidence-based services treatment objectives, and estimated completion time. Subsequent to collaboration, the comprehensive treatment plan, and any additional treatment plan revisions shall be reviewed and signed by the supervisee and Contractor and submitted to the supervising Probation and Parole Officer within five (5) working days.

g. Report missed intake, individual and/or group treatment session, positive drug and/or alcohol tests, and knowledge of high-risk or non-compliant behaviors to the supervising Probation and Parole Officer within two (2) working days by phone, email or fax.

h. Provide a written Participant Monthly Progress Report, Attachment E, to the supervising Probation and Parole Officer each calendar month by the tenth of the month following the month of service or within five (5) working days if the referred supervisee fails to meet treatment objectives or the treatment plan needs revision. Providers shall use Attachment E.

i. Participate in meetings with the Purchasing Agency as needed to promote case management, to support supervisee treatment plan compliance and to address contract related issues.

j. Provide a Written Discharge Summary to the supervising Probation and Parole Officer within five (5) working days, Attachment F, of the supervisee’s response to treatment and recommendation for follow-up action as noted in Section II., Paragraph B.1.c above. Contractors shall use Attachment F, approved by the Purchasing Agency’s designee.

k. Ensure that community safety issues override the usual rights of confidentiality. The Contractor shall provide treatment services, case management services and transition support services with the understanding that supervisees will be required to sign a waiver of confidentiality. The Contractor shall comply with and support the practice of non-confidentiality and community safety by practicing the following protocol:

1. Maintain contact with the appropriate Department of Corrections’ personnel responsible for monitoring treatment progress (Chief Probation & Parole Officer or designee).

2. Immediately address community safety issues by cooperating with appropriate Department of Corrections’ personnel and to report an incident in which the supervisee is a threat to safety to him/herself or others. Contractor shall use Attachment G.

3. Record, maintain and provide upon request statistical data relative to the contract. Contractor shall not use any referred State Responsible Supervisee (SRO) data for their own or outside agencies’ research or other purposes without the prior written consent of the Purchasing Agency.

l. Cooperate with designated Purchasing Agency staff on program or service evaluations by allowing substance abuse treatment fidelity reviews to be conducted by Purchasing Agency review teams periodically to ensure the services being provided adhere to and maintain the standards and principles of EBP.

m. Arrange for continuation of treatment for any referred supervisee who began treatment under the contract if the contract expires or terminates.

n. At a minimum, the Contractor shall be required to have access to and be proficient in word processing and data management applications, such as those found in the Microsoft Office Suite, especially Word, Excel and Access.

o. Designate a contact person responsible for the administration of the SUD Contract.

p. At all times, the Contractor shall provide the Purchasing Agency or its designee access to the Contractor, the Contractor facilities, any personnel providing services pursuant to the contract, or any other activities including groups or sessions of the Contractor pursuant to the contract for purposes of audit and evaluation of the services performed.

q. The Contractor shall cooperate with the designated Purchasing Agency staff on program or service evaluations. The Contractor shall provide access for audits of the operating systems, procedures, programs, documentation, software packages, facilities and equipment used in support of the contract.

r. The Contractor shall provide read and copy access to all files that are used. Such files shall include, but are not limited to, case management files, procedure files, and any other files related to the contract.

B. The Purchasing Agency will:

a. Provide the Contractor copies of any Alcohol and other Drug (AOD) screening results or assessment, i.e., COMPAS-R (Correctional Offender Management Profiling for Alternative Sanctions-Revised) or TCU (Texas Christian University) Drug Screening as needed on referred supervisees.

· COMPAS is an actuarial general risk and needs screener specifically designed to assess key risk and needs factors, including substance abuse in correction populations.

· TCU5 Drug Screener is a valid drug screen instrument used to assess the severity of drug use problems and guide efficient and effective treatment interventions.

b. Provide the Contractor with necessary information on the referred supervisee’s correctional status, criminal history, instant offense, and events resulting in the referral.

c. Participate in meetings with the Contractor as needed to promote case management to support supervisee rehabilitation and address contract-related issues.

d. Provide the Contractor with the names and contact information of personnel authorized to refer supervisees and receive information.

e. Designate contact person(s) responsible for the administration of and any approvals required within the contract.

III. PREBID CONFERENCE – Intentionally Omitted; No prebid will be held. Contact Keira Williams with any questions regarding this solicitation.

IV. GENERAL TERMS & 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 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 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, 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. 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.

e. 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/proposals) 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/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

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

2. To Subcontractors:

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

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

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

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

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

L. QUALIFICATIONS OF (BIDDERS/OFFERORS): 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/proposal) if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

2. The 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 procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder 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 further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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.)

Profession/Service

Limits

aggregate

aggregate

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

aggregate (Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.

aggregate

aggregate

aggregate

aggregate

aggregate

S. 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 on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

T. 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.

U. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-supervisees unless the state agency, department or institution has made a written determination that employing ex-supervisees 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.

V. 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 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.

W. 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.

X. 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 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.

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

Z. 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.

V. SPECIAL TERMS AND CONDITIONS

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 TO MULTIPLE BIDDERS: The Commonwealth will make awards on a line item basis to the lowest responsive and responsible bidders whose line items prices are no more than 100% higher than the average price for each line item. The Commonwealth reserves the right to conduct any tests 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.