DOC-26-043R - Lease of Road Tractors and Box Trucks for the Virginia Department of Corrections.pdf

RFP DOC-26-043-R – Lease of Road Tractors

Solicitation Number: DOC-26-043-R

Issue Date: May 1, 2026

Title: Lease of Road Tractors and Box Trucks for the Virginia Department of

Corrections

Commodity Code: 91896 Transportation Consulting

94654-Installment Purchase/Lease

97583-Tractors, Industrial and Construction, Rental or Lease

97586-Truck and Van rental or Lease

Issuing Agency: Commonwealth of Virginia

Department of Corrections

Procurement and Risk Management, Room 2150

6900 Atmore Drive

Richmond, Virginia 23225

Using Agency: Agency-Wide

The purpose of this Request for Proposals (RFP) is to establish a contract for the Lease of Road Tractors for the Virginia Department of Corrections

The initial term of the contract will be from date of award for one (1) year and may be renewed, in accordance with RFP section IX, paragraph D.

Sealed proposals will be received until Tuesday, June 2, 2026 at 2:30pm for furnishing the goods and services described herein.

All proposals received after the appointed date and hour for receipt, whether by mail or otherwise, will not be considered for an award and will be date and time stamped, marked “late” and retained unopened in the procurement file. The time of receipt shall be determined by the time received in the Issuing Agency's

Purchasing Office. Offerors have the sole responsibility for assuring that proposals are received in the

Purchasing Office by the designated date and time.

If proposals are hand delivered, they must be delivered to the Issuing Agency’s Purchasing Office at 6900

Atmore Drive, Richmond, Virginia 23225. Hand delivered proposals must be delivered in ample time to

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

PROCUREMENT AND RISK MANAGEMENT

6900 ATMORE DRIVE

RICHMOND, VIRGINIA 23225

REQUEST FOR PROPOSALS

allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation.

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

Vendors may upload their proposals directly into eVa.

All inquiries for information should be directed to Kimberlee Hall at 804-887-8440, FAX to 804-

674-3541, or email Kimberlee.Hall@vadoc.virginia.gov.

The attached Proposal Form (Attachment A) shall be used for submitting proposals. The Proposal Form must be completed and the certification located at the bottom of the form completed and signed by an official who 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 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.

Kimberlee Hall, VCO, VCA

Senior Procurement Specialist mailto:Kimberlee.Hall@vadoc.virginia.gov

TABLE OF CONTENTS

I. PURPOSE PAGE 4

II. BACKGROUND PAGE 4

III. STATEMENT OF NEEDS PAGE 4

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS PAGE 5

V. EVALUATION AND AWARD CRITERIA PAGE 7

VI. AWARD TO MULTIPLE OFFERORS PAGE 7

VII. REPORTING AND DELIVERY INSTRUCTIONS PAGE 8

VIII. PROPOSAL CONFERENCE PAGE 8

IX. GENERAL TERMS AND CONDITIONS PAGE 8

X. SPECIAL TERMS AND CONDITIONS PAGE 16

XI. METHOD OF PAYMENT PAGE 22

XII. ATTACHMENTS PAGE 23

I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract for the lease of Road Tractors to be used by the Virginia Department of Corrections (DOC).

II. BACKGROUND: The Central Agribusiness and Virginia Correctional Enterprises (VCE) are part of the

Department of Corrections, an agency of the Commonwealth of Virginia. Central Agribusiness and VCE have manufacturing and distribution plants statewide and warehouse/distribution centers located throughout the Commonwealth of Virginia. The manufacturing plants are used to employ, educate, and train inmates for employment opportunities following their release from the DOC.

III. STATEMENT OF NEEDS:

A. The awarded Contractor(s) shall provide all Road Tractors, and Box Trucks, equipment, tools, materials and incidentals labor, supervision travel and accommodations if needed, required to repair and maintain all leased Road Tractors in accordance with the manufacturer’s service manuals. Equipment and repair parts shall meet the original equipment manufacturers’(OEM) standards. All inspections, maintenance, repair costs, delivery and pickup shall be included in the lease price of the Road Tractors.

Option #1:

1.) 2024 or newer, Dual Axle, Short Wheelbase (195” – 205”), Single Bunk Sleeper Cab Road Tractor with 150,000 maximum mileages, with 450 hp diesel engine, 10 speed transmission. Road Tractors shall be capable of pulling 80,000 pounds. Air seats for both driver and passenger.

2.) 2024 or newer Single Axle Road Tractors with less than 150,000 maximum mileage Single Axle

Day Cabs, short and long wheelbase. with 450 hp diesel engine and 10 speed transmission. Air seats for both driver and passenger. Road Tractors shall be capable of pulling 80,000 pounds.

Single prong electrical outlet for lift gate trailer.

Proposals shall include lease prices for 36, 48, and 60 month term pricing for each Road Tractor, and all Contract Discount Inclusions.

Option #2:

1.) New 2025 or newer with less than 1,000 miles Dual Axle, Short Wheelbase (195” – 205”), Single

Bunk Sleeper Cab Road Tractors, with 450 hp diesel engine and 10 speed transmission, capable of pulling 80,000 pounds, 36 month lease with option to purchase at the end of the 36 month lease at fair market value.

2.) New 2025 or newer with less than 1,000 Single Axle Day Cab Road Tractors, Short and Long

Wheelbase, with 450 hp diesel engine and 10 speed transmission, capable of pulling 80,000 pounds, 36 month lease with option to purchase at the end of the 36 month lease at fair market value.

Box Trucks Specifications

1.) 16’ and 26’ Box Trucks with full lift gate

2.) 26’ x 106” Refrigerated, with lift gate, holds 12 pallets.

Proposals shall include all Contract Discount Inclusions for all term contracts.

B. Service: The Contractor shall furnish all equipment, tools, parts, materials, labor, and supervision, required to maintain the equipment listed above in accordance with manufacturer’s service manuals and shall include:

1. All maintenance and repairs to keep the equipment working at optimal performance to include but not limited to batteries, tires, motor and transmission at no additional cost to the

Commonwealth.

2. Rapid response to emergency repair call is imperative to the service part of this contract. The

Contractor shall have qualified service personnel able to respond within two (2) hours from the time the call for emergency service is placed. Service shall be available during regular business hours, 7:30 A.M. to 4:30 P.M., Monday through Friday, and outside these hours on an overtime basis when necessary. All travel, parts, labor and supervision shall be at no additional cost to the Commonwealth.

3. The Contractor shall be capable of performing the required functions on site and for evaluating equipment for in-shop repairs when required. Repairs shall be made on site whenever possible.

In the event major repairs become necessary that will require removal of the truck from DOC’s use for more than twelve hours, the Contractor shall provide a replacement within six (6) hours for use by the DOC until the repairs are completed at no additional cost to the Commonwealth.

In the event a road tractor needs to be removed from DOC property for further inspection or extensive repairs, the contractor shall be responsible for towing and/or the towing bill.

Upon commencement of this Contract, all leased road tractors shall be delivered to the DOC by the Contractor. At the conclusion of the contract, the road tractors shall be picked up from the DOC by the Contractor at no additional cost to the DOC.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this RFP. One (1) original, (1) copy redacting any proprietary information, one (1) electronic copy of original proposal, and one electronic redacted copy of each proposal (in searchable PDF or Word format). No other distribution of the proposal shall be made by the offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

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

c. Proposals should be organized in the order in which the requirements are presented in the

RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or

“may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a

"must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical.

All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the Commonwealth of Virginia, Department of Corrections, and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time, the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

B. SPECIFIC PROPOSAL INSTRUCTIONS: Proposals shall be as thorough and detailed as possible so that the DOC may properly evaluate your capabilities to provide the required goods and services. Offerors are required to submit the following items as a complete proposal:

1. Return the RFP Proposal Form (Attachment A) and all addenda acknowledgments and attachments, if any, signed and filled out as required, along with any other specific items or data requested in the RFP.

2. A written narrative statement to include:

a. Background information about the Offeror including: its size, number of employees, and annual volume of business.

b. Experience in providing the services described herein.

c. Approach to providing the service.

d. Key names, qualifications and experience of personnel to be assigned to the project.

3. Specific plans for providing the proposed services including:

a. Provide a plan of operation to achieve the objectives as defined in Section II: Background and Section III: Statement of Needs.

b. Provide a plan including a narrative and timeline for the initiation of services, if awarded.

c. Describe the Offeror’s method for dealing with problems and complaints presented by the

Department of Corrections employees detailing at what point the problem would escalate to the next level of supervision/management.

4. Verify the Offeror’s acceptance of the General Terms and Conditions and Special Terms and Conditions that are detailed in this RFP.

5. Provide size of the current fleet

6. Provide statewide locations for maintenance and repairs that cannot be performed while on DOC property.

7. Small Business Subcontracting Plan – Summarize the planned utilization of DSBSD-certified small businesses under the contract to be awarded as a result of this solicitation. This is a requirement for all prime contracts in excess of $100,000 unless no subcontracting opportunities exist (see Attachment B).

8. State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or

Title 50 (see Attachment G).

V. EVALUATION AND AWARD CRITERIA

A. Proposals will be evaluated by the Department of Corrections using the following criteria:

1. The Offeror’s plan to assist DOC to meet its objectives as defined in Section II: Background and

Section III: Statement of Needs; 60 points

2. The Offeror’s fee proposal; 10 points

3. References/past performance; 10 points

4. The Offeror’s Small Business Subcontracting Plan 20 points

VI. AWARD TO MULTIPLE OFFERORS: Selection may be made of one (1) or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror.

The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The

Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VII. REPORTING AND DELIVERY INSTRUCTIONS:

A. The contractor shall provide an annual progress report to Kimberlee Hall outlining the following:

1. Facilities that are using the contract to include, but not limited to:

• Location

• Start date of service

• Use of Inclusions separated by Location and specific Inclusion, i e., Fuel Savings, Number of Times Loaner Vehicles are utilized

• Number of hours before Loaner Vehicle arrived by Original Leased Road Tractor

• Number of Days Loaner Road Tractor was utilized, by incident

• Reason for Need of Loaner Vehicle – for Original Leased Vehicle

VIII. PREPROPOSAL CONFERENCE

A. OPTIONAL VIRTUAL PRE-PROPOSAL CONFERENCE: An optional virtual pre-proposal conference will be held Teams on Tuesday, May 12, 2026 at 10:00am. The purpose of this conference is to allow potential Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/276734847216810?p=VQKe6ONy1bd3y5guuJ Meeting ID: 276 734 847 216 810 Passcode: Gu9XH2rp

Need help? | System reference Dial in by phone +1 434-230-0065,,619315418# United States, South Hill Find a local number Phone conference ID: 619 315 418# Join on a video conferencing device Tenant key: commonwealthofvirginia@m.webex.com Video ID: 113 230 874 4

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

ALL QUESTIONS SHALL BE SUBMITTED BY EMAIL TO: Kimberlee.Hall@vadoc.virginia.gov no later than Thursday May 14, 2026 by 2PM, EST, NO EXCEPTIONS, TO ALLOW TIME TO

OBTAIN ACCURATE ANSWERS. IF NECESSARY, AN ADDENDUM TO THE CONTRACT

WILL BE CREATED AND POSTED TO THE CONTRACT IN EVA.

IX. 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.)

https://teams.microsoft.com/meet/276734847216810?p=VQKe6ONy1bd3y5guuJ https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWU2ZTg0ZmYtNTljMi00Mjg3LTg5NjEtNjIzYWNhNWFlNTk0%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%2215ec8a39-934c-4334-9281-afaf7fd491c1%22%7d tel:+14342300065,,619315418 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=619315418

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

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the

Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution

(ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the

Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the

Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public

Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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 file://///hqatmore1/Procurement/Boilerplates/RFP%20-%20Nonprofessional/eva.virginia.gov 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 proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: 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 proposal on the official state form provided for that purpose may be a cause for rejection of the proposal.

Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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

J. PAYMENT:

1. To Prime Contractor:

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

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after receipt of a 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: A:

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the

Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan.

Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and

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

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

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

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

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

1. The parties may agree in writing to modify the 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 may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods 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 offerors 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 offeror 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 nonresponsive. Unless the offeror clearly indicates in its (proposal) that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all 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.)

T. 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

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

U. 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.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based file://///hqatmore1/Procurement/Active%20RFPs/DOC-24-039%20-%20Truck%20Lease%20-%20VCE%20&%20Agribusiness%20(Kimberlee)/eva.virginia.gov 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.

W. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, website portal eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the proposal being rejected.

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

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

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

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

For orders issued prior to July 1, 2014 the vendor transaction fees can be found at eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of

General Services, approximately 30 days after the corresponding purchase order is issued and payable

30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

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

PRIORITY: . This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated “Micro Business Set-Aside Award Priority” or “Small Business Set-

Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro business or small businesses this include DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

Z. PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offer prices in US dollars.

AA. 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.

file://///hqatmore1/Procurement/Active%20RFPs/DOC-24-039%20-%20Truck%20Lease%20-%20VCE%20&%20Agribusiness%20(Kimberlee)/eva.virginia.gov file://///hqatmore1/Procurement/Active%20RFPs/DOC-24-039%20-%20Truck%20Lease%20-%20VCE%20&%20Agribusiness%20(Kimberlee)/eva.virginia.gov

BB. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract

Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a

Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any

Contract Worker who the Commonwealth reasonably believes to have violated this Section. This Section creates obligations solely on the part of the contractor.

Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

X. SPECIAL TERMS AND CONDITIONS:

A. AUDIT: The contractor shall retain all books,…