DOC-26-034R Integrated Detention Security Solutions.pdf

DOC-26-034R Integrated Detention Security Solutions

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

PROCUREMENT AND RISK MANAGEMENT

6900 ATMORE DRIVE

RICHMOND, VIRGINIA 23225

INVITATION FOR BIDS

Solicitation Number: DOC-26-034R

Issue Date: April 9, 2026

Title: Integrated Detention Security Solutions

Commodity Code: 31840 Locks and Keys

45055 Locks, Key Blanks, and Locksmith Tools (Including Time Locks)

68072 Prison Equipment, Cell Blocks, and Accessories (Incl. Control Panels, Door Control Relays, Furniture, etc.)

69031 Controls, Integrated System

69032 Controls, Programmable

69033 Controls, Single Loop

91014 Door Installation, Maintenance, and Repair (Metal)

93673 Security and Access Systems Maintenance and Repair

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 Statewide

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for integrated detention security solutions.

The initial term of the contract will be for one (1) year; however, the contract may be renewed (providing satisfactory contract performance) in accordance with Section V., Paragraph E.

Sealed bids will be received until April 20, 2026, at 10:00 am Eastern Time for furnishing the goods and services described.

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 electronically within eVA. Bidders have the sole responsibility for assuring that bids are uploaded into eVA by the designated date and time.

Bids and required attachments must be submitted electronically in the Commonwealth’s e-procurement solution eVA.

Requested supporting documentation that is not submitted electronically, or not attached to your proposal response in eVA, must be received the appointed date and hour for receipt. If supporting documentation is mailed or delivered by express mail, they must be delivered to 5511-B Biggs Road, Richmond, VA 23224.

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 Kasha Garris at kasha.garris@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.

Prior to the due date, Bidders should:

1. Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) or any updates, changes, amendments, cancellations, etc.,

2. Check the “Reminders” section in VBO for all attachments and documents to be completed and submitted; and

3. Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the

Bidder’s electronic submission.

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.

Kasha Garris Procurement Contract Officer Senior file://///hqatmore1/Procurement/Boilerplates/eva.virginia.gob https://eva.virginia.gov/i-sell-to-virginia.html https://eva.virginia.gov/supplier-training-materials.html https://eva.virginia.gov/supplier-training-materials.html mailto:kasha.garris@vadoc.virginia.gov http://www.eva.virginia.gov/

TABLE OF CONTENTS

I. PURPOSE PAGE 4

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGE 4

III. PREBID CONFERENCE PAGE 8

IV. GENERAL TERMS AND CONDITIONS PAGE 8

V. SPECIAL TERMS AND CONDITIONS PAGE 16

VI. METHOD OF PAYMENT PAGE 21

VII. ATTACHMENTS PAGE 22

I. PURPOSE

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract with one or more qualified Contractors for the purchase, installation, repair, and maintenance of integrated detention security solutions that meet or exceed applicable American Society for Testing and Materials (ASTM) International standards and are certified by Underwriters Laboratories (UL). These goods and services are intended for use by the

Department of Corrections, hereinafter referred to as the “Purchasing Agency,” “Agency,” or “DOC.”

For the purposes of any resulting contract, Integrated Detention Security Solutions shall include, but shall not be limited to detention-grade doors, hinges, locks, door pulls, door frames, security electronics for control and monitoring, intercommunication systems, and associated installation, repair, and maintenance services.

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)

A. GENERAL REQUIREMENTS:

1. Products and Equipment: The Contractor shall furnish all equipment, materials, and supplies required by the

Agency from manufacturers such as Portland Security Alarm, Southern Folger Detention Equipment

Company, Brinks Locks, Artech Locks, Assa Abloy, h.e.s. Locks, Magnalock, Maglock, or approved brand equivalents.

2. Compliance with Specifications: The Contractor shall provide and deliver all awarded items in strict accordance with the specifications contained in this IFB, including Attachment D Price Schedule, and at the contracted bid prices.

3. Contractor License Requirements: The Contractor shall possess and maintain all licenses required by the

Commonwealth of Virginia to perform the Work under this solicitation. This includes, but is not limited:

a. A valid Virginia Contractor’s License issued by the Virginia Department of Professional and

Occupational Regulation, with appropriate classification(s) for electrical and/or electronic security system installation.

b. The Contractor shall ensure that all subcontractors performing regulated work also meet applicable licensure and certification requirements.

c. Failure to maintain required licensure may result in termination for default.

4. Technician Services and System Maintenance: The Contractor shall provide a licensed and experienced technician to perform repair and maintenance services on detention security equipment to ensure continued functionality, safety, and operational efficiency in accordance with ASTM and UL standards.

a. Service Requirements: Services may include, but are not limited to installation, evaluation, assessment, repair, restoration, replacement, and preventive maintenance of electronic detention doors, locking and control systems, access control infrastructure and integration into building systems (power, low voltage, structural mounting).

b. Service Limitations: Repair and maintenance services shall apply only to services not otherwise identified in Attachment D Price Schedule.

c. Initiation of Work: All services shall commence immediately upon arrival. Travel time is excluded from the billable hours.

d. Mileage Surcharge: The Contractor may charge a mileage surcharge for eligible repair services.

i. Mileage shall be calculated from the Contractor’s single designated base point to the DOC specified service location. Multiple base points are not permitted.

ii. Mileage claims shall be validated and approved based on the shortest distance as calculated using

Google Maps, MapQuest, or another Agency-approved mapping tool.

iii. Mileage reimbursement shall be paid at the current federal General Services Administration (GSA) rate.

e. Emergency Labor Rate: The Contractor shall provide emergency repair services when requested by the

Agency.

i. Response Time: Contractor personnel shall arrive on-site within two (2) to four (4) hours of notification, unless the travel distance from the Contractor’s base location to the facility reasonably exceeds the specified response timeframe.

ii. Completion Requirement: The Contractor shall make all reasonable efforts to resolve the emergency within twenty-four (24) hours of notification, unless otherwise authorized by the Executive Level

Professional or authorized designee.

B. SPECIFIC REQUIREMENTS:

1. Sales and Client Services:

a. The Contractor shall have a sales and client services representative assigned to assist the Agency, resolve problems and complaints, assist in cross-referencing products, facilitate the return of products, and support the Agency Procurement Contract Officer with contract administration.

b. The Contractor shall apprise the Agency of any quality issues including recalls, upgrades, and product warnings that may affect product performance and safety.

c. The Contractor shall submit and maintain a valid list identifying sales and client services key personnel to include at a minimum: name, title, email, and phone number.

d. The sales and client services representative should be available by phone or email.

e. The sales and client services representative for the Agency should have on-line access to information to provide responses concerning the status of orders, delivery information, back-order information, statewide contract pricing, contract product offerings and general product information.

f. If the sales and client services representative is unavailable (i.e. vacation, illness) a secondary representative should be designated and communicated via voicemail and automatic email replies.

g. Any change of or long-term unavailability of the sales and client services representative shall immediately be reported to the Agency Procurement Contract Officer.

2. Product Satisfaction:

a. The Contractor shall act as a customer advocate and coordinator for communication with the manufacturers and is responsible for performance and problem resolution.

b. The Contractor’s responsibility for support continues even if the Contractor discontinues selling a manufacturer’s product to the extent that resolution is available from the manufacturer.

c. The Contractor must take the necessary actions with manufacturers to reduce, minimize and prevent stock-outs of products and to ensure that promised lead times are accurate.

d. Customer satisfaction will be a determining factor in measuring the Contractor’s performance during the life of the resulting contract.

e. The Contractor will be expected to routinely monitor customer satisfaction and report all feedback annually in a format acceptable to the DOC.

3. Rejection of Goods: Products classified as unacceptable, damaged or defective by the DOC may be subject to rejection, either in part or in whole. Such rejection by the DOC must be reported to the Contractor, in writing, within seven (7) business days of receiving the order. All costs associated with rejection are the responsibility of the Contractor. The Contractor will be responsible for the disposition of all defective, damaged or rejected over-shipped products. Return authorization shall be provided by the Contractor within fourteen (14) calendar days of written notification.

4. Manufacturer’s Authorization:

a. Bidders shall submit with their bid a Manufacturer’s Authorization Letter confirming the Bidder’s authorization and qualifications to sell and/or distribute each product line offered in the bid.

b. Authorization letters or certificates shall be provided on the manufacturer’s official letterhead and signed by an authorized representative of the manufacturer for any product that requires a formal distribution agreement.

c. Failure to provide the required documentation may result in the bid being deemed non-responsive.

5. eVA Catalog and Orders: The Contractor shall only accept orders placed against the resulting contract by the

DOC through eVA.

6. Minimum Order: There shall be no minimum order requirement for any orders placed under the resulting

Contract.

7. Product Availability and Substitution: Substitution of a core item brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Agency Procurement Contract Officer.

The Agency may, at its discretion, require the Contractor to provide a substitute item of equivalent or better quality subject to the approval of the Agency, for a price no greater than the contract price, if the product for which the order was placed becomes unavailable to the Contractor. The Contractor shall immediately notify the Agency and receive the Agency’s approval before substituting an item in an order.

8. Product Additions: The Agency recognizes that new products or product-line additions may be introduced to the Contractor’s standard commercial catalog during the term of the contract. Such additions will be considered enhancements. The Agency will accept new products or product lines that are comparable to existing contracted items and consistent with the established pricing structure and discount terms. The

Contractor shall notify the Agency of all new products or product lines. A Contract Modification shall not be required for catalog additions that align with existing contract categories and pricing structures.

9. Free On Board (FOB) Destination Delivery of Goods:

a. The bid prices for all items shall be FOB destination and include all standard shipping costs.

b. Additional shipping charges shall be allowable for expedited orders, over-sized orders, and special orders as defined herein,

c. Expedited Order - A DOC request for expedited processing and delivery of goods or services, requiring immediate action and shorter lead times than standard orders.

d. Oversized Order - Is an item not specified on the price schedule and exceeds the standard size or weight limits set by a shipping carrier, resulting in additional fees, special handling, or requiring different transportation methods.

e. Special Order - An item the Contractor does not normally stock in its inventory and requires the

Contractor to order it from a supplier, warehouse, or manufacturer.

f. Orders requiring additional shipping charges will be quoted in writing to the DOC prior to shipment of the order.

10. Over Shipments: The Agency will not accept goods delivered in excess of the quantities specified in the applicable purchase order or contract. If an over shipment is identified after receipt, and such excess quantity is not authorized under the terms of the award, the Agency shall notify the Contractor that the over shipment is not accepted. The Contractor shall be responsible for retrieving the unauthorized goods. If the Contractor does not retrieve the excess goods within the timeframe specified by the Agency, the Agency may return the goods at the Contractor's sole expense.

11. Training Requirements: The Contractor shall ensure that all assigned personnel complete, the following to include but not be limited to:

a. All required Agency (Federal Prison Rape Elimination Act {PREA} and COV personnel training

(Sexual Harassment Training); and

b. Completion of the required training shall be completed within thirty (30) days of assignment and shall be maintained throughout the term of the Contract.

12. Multiple Award Contracts: The Agency shall place orders with the Contractor offering the lowest price and best availability at the time the order is placed, including any applicable discounts.

13. Request for Clarification (RFC): Questions regarding the solicitation must be submitted in writing only to

Kasha Garris via e-mail at kasha.garris@vadoc.virginia.gov no later than 5:00 pm Eastern on April 15, 2026.

a. Bidders should identify the email by noting the solicitation number “DOC-26-034R” in the subject line.

b. Responses to clarifications may be posted in eVA’s Virginia Business Opportunities (VBO). The identity of Bidder’s will not be published with the response.

c. Formal changes to the solicitation, including but not limited to, contractual terms and procurement requirements will only be changed by formal written addendum to the solicitation.

d. There shall be no communication of any type on any aspect of this solicitation, written or otherwise, by any prospective Bidder, including any sub-bidder, Bidder’s agent or other type of Bidder representative, with any employee or agency of the Commonwealth of Virginia, with the exception of the Agency

Procurement Contract Officer noted in the solicitation, unless a Bidder is instructed otherwise by the

Agency Procurement Contract Officer. Failure to comply with this requirement may disqualify a Bidder from participation in this opportunity.

For the purposes of this IFB, the following definitions shall apply:

“Attachment” means an attachment to the IFB that will become an exhibit to the resulting contract only upon award.

“Base Point” is the primary place, office, or building the Contractor performs business on a routine basis.

“Bidder” means any entity that submits a bid in response to this IFB.

mailto:kasha.garris@vadoc.virginia.gov

“Contractor” or “Supplier” or “Vendor” is a business or individual contracted to provide specific goods or services.

“Door Controls” or “Door Mechanisms” are electrically actuated locking systems with remote unlocking, emergency mechanical releases, and integrated security monitoring features, as well as robust mechanical mortise and deadbolt locks.

“Door Operators” or “Detention Sliding Devices” are the complete, integrated electro-mechanical locking and control system for interior cell and corridor door operators within correctional facilities.

“Electronic Locks” are locking devices capable of remote locking and unlocking and automated operations.

“eVA” means the Commonwealth’s procurement portal located at http://www.eva.virginia.gov

“Locks” refers to a variety of mechanical and electronic locks, deadbolts, and tamper-resistant mechanisms.

III. PREBID CONFERENCE

There will be no prebid conference for this solicitation.

IV. 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 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/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:

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the

Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing

Agency within thirty (30) days from the date of receipt of the written order from the Purchasing

Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors

Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. 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. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all Bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. 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 coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 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

Organizations.) $2,400,000 per occurrence, $4,250,000 aggregate

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

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA

(www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: 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.

All employees of the Contractor, or its Subcontractors, assigned to this contract and who interact with any

DOC offender or work within any DOC location, including but not limited to any correctional facility, detention center, diversion center, probation and parole office, central or regional office, will be subject to pre-employment drug screening conducted by DOC personnel within the respective facility or office.

All employees of the Contractor, or its Subcontractors, having direct contact with offenders, shall be free from the influence or effects of illegal drugs and will be subject to the DOC’s drug procedures for reasonable suspicion drug and alcohol testing, and post-accident drug and alcohol testing conducted by DOC personnel within the respective facility or office. The Contractor shall be responsible for periodic random drug testing their employees and shall notify the applicable Organization Unit Head of any positive tests.

The Contractor will be notified of any positive tests conducted by the DOC. Based on the positive alcohol or drug test, the Organizational Unit Head may bar the employee entry into the DOC location or from providing services to the DOC, regardless of disciplinary action taken by the employer. All costs associated with required drug and/or alcohol testing conducted at a DOC facility or work location may be charged back to the

Contractor.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder 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 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 http://www.eva.state.va.us/ religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

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.

Y. 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.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated “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.

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

US dollars.

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

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual…