COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

CENTRAL AGRIBUSINESS OFFICE

14545 OLD BELFIELD ROAD

CAPRON, VIRGINIA 23829

INVITATION FOR BIDS

Solicitation Number: DOCA-756-27-01

Issue Date: June 5, 2026

Title: John Deere Parts & Service Contract

92904 – Agricultural Implements, Parts and Accessories, Maintenance and Repair 92985 – Tractors, Industrial: Bulldozers, Crawlers, Wheel Type, Maintenance and Repair 93446 – Lawn Equipment Maintenance and Repair

Using Agency: Dept of Corrections, Statewide Agencies

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for John Deere Parts & Service

The contract period will be from July 1, 2026 through June 30, 2027 and may be renewable in accordance with section V, paragraph J.

Sealed bids will be received until 1 PM EST, JUNE 18, 2026 for furnishing the good and services described herein and then will be opened in public.

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

If bids are hand delivered, they must be delivered to the Issuing Agency’s Purchasing Office at 256 Bland Farm Road, Bland VA 24315. Hand delivered bids must be delivered in ample time to allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation.

If bids are mailed or delivered by express mail, they must be delivered to 256 Bland Farm Road, Bland, VA 24315 Faxed, emailed, or oral bids will not be accepted.

Due to the rural location of issuing Agency (Bland Agribusiness) Fedex and UPS will not guarantee AM delivery, please allow ample time for bid to be delivered.

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 by email to: Deborah.Ayers@vadoc.virginia.gov

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

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder 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.

Deborah Ayers – Buyer Senior - Agribusiness

TABLE OF CONTENTS

I. PURPOSE PAGE 04

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGE 04

III. GENERAL TERMS AND CONDITIONS PAGE 08

V. SPECIAL TERMS AND CONDITIONS PAGE 16

VI. METHOD OF PAYMENT PAGE 24

VII. ATTACHMENTS PAGE 25

I. PURPOSE

The intent and purpose of this Invitation for Bid (IFB) is to solicit sealed bid responses to provide John Deere OEM parts at the lowest discounted price available and to provide labor rates for in-house repairs as well as field service repairs on various John Deere equipment and implements as needed by an authorized John Deere parts and service center. Term will be July 1, 2026 thru June 30, 2027 with four (4) optional one (1) year renewals.

The following agencies are pre-approved to use this contract:

Dept of Corrections (VADOC) Dept of Juvenile Justice Spotsylvania County Public Schools Virginia Dept of Military Affairs Virginia Community College System (VCCS) Shared Services Center (All) Public Works Fleet Management, Va Beach, VA City of Virginia Beach, VA Virginia Dept of Conservation and Recreation (All) Dept of Mines, Minerals and Energy (all) Virginia Army National Guard – Fort Pickett, Blackstone VA

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

A. GENERAL

1. Contractor must be a certified John Deere ® dealer/service center.

2. The contractor shall furnish all necessary labor, supervision, tools, mobile service truck, equipment repair parts, supplies, incidentals, and other materials necessary to provide equipment repair services to Department of Corrections (DOC) John Deere ® owned equipment on a time and materials basis. The Contractor shall provide repairs for equipment such as, but not limited to:

b. Agricultural:

Hay bines, balers, combines, tractors, hay tedders, hay rakes, medium tractors and similar equipment.

3. The contractor shall provide in-house repairs as well as mobile field service repairs on an as needed basis. These repair services will normally be needed during normal work hours but could be requested during emergency operations and/or after normal work hours, including weekends and holidays as needed. Therefore, the contractor shall have the resources to provide services 24 hours a day, 7 days a week. Repairs shall be conducted at the contractor’s place of business or at the DOC facility as determined by the Farm Manager or designee.

4. The contractor’s service facility shall be within 50 miles of the facility. The bidder shall indicate, in space provided on the pricing schedule, the address of its service facility, (Attachment H). If there are no bids received that meet the 50 mile requirement, DOC reserves the right to award to the next lowest responsive and responsible bidder that is within 75 miles of the facility.

B. SPECIFICATIONS

1. Equipment.

a. The contractor shall have and maintain suitable, reliable equipment and tools of the trade necessary for the satisfactory execution of the repair work. Tools shall be appropriate to repair equipment up to heavy duty classification. The DOC may request a list of the contractor’s general tools and diagnostic equipment of the trade to assist in making an award decision. If requested, this list must be received within 48 hours of request. The DOC will not be responsible for any loss, stolen and/or damage to the contractor’s vehicles, equipment, tools or supplies as a result of work being performed under this contract at DOC facilities.

b. Maintaining Equipment: The contractor shall maintain all tools, equipment and service trucks to sufficient standards throughout the duration of the contract to allow for uninterrupted services.

2. Pricing Schedule Description.

a. Bid prices shall be firm fixed price and shall include all direct and indirect costs such as tools, equipment, transportation, supervision, general and administrative costs, supplies, parts runs, safety equipment, etc. No billable time or travel will be paid for time used making parts runs. All parts and supplies invoiced shall be tax exempt.

b. Normal Hours Repair Service: This rate is for the Equipment Repair Technician(s) rate for work performed during Normal Hours. Overtime will not be paid for work performed at this rate. Unit of Measure is Hour. Time shall be billed in quarter (1/2) hour increments.

c. After Hours Repair Service: This rate is for the Equipment Repair Technician(s) rate for work performed after Normal Hours. Overtime will not be paid for work performed at this rate. Time shall be billed in quarter (1/2) hour increments.

d. Mobile/Field Service: This rate shall include one equipment repair technician and mobile service truck for work performed during Normal Hours. Time billed shall begin when technician and vehicle are on site and work begins. Travel time shall not be included in time billed under Mobile/Field Service. Overtime will not be paid for work performed at this rate. Time shall be billed in quarter (1/2) hour increments.

e. After Hours Mobile/Field Service: This rate shall include one equipment repair technician and Mobile Service Truck for work performed after Normal Hours. Time billed shall begin when technician and vehicle are on site and work begins. Travel time shall not be included in time billed under After Hours Mobile/Field Service. Overtime will not be paid for work performed at this rate. Time shall be billed in quarter (1/2) hour increments.

f. Trip Charge: A standard trip charge shall include 1 truck and repair technician(s) travel from Contractor’s location to agency facility not to exceed 100 miles round trip. “Seat Time” charges will not be allowed but are included in the “trip charge”.

Extenuating circumstances whereas trip mileage is over the stated 100 milkes will be negotiated per incident and approved by Central Agribusiness Office management prior to service.

g. Parts: The Contractor shall be responsible for picking up parts, supplies and incidentals. There shall be no additional time or trip charged for making parts runs.

C. CONTRACTOR REQUIREMENTS.

1. Personnel: All repair technicians shall have the ability to make accurate, reliable repairs that return equipment to the original equipment manufacturers standards. It is preferred, but not required that the Contractor’s workforce be ASE certified or have equivalent OEM training/certification. These certifications should cover diesel engines, drive train, brakes, suspension & steering, electrical systems and HVAC. The bidder shall provide a list of personnel assigned to the resulting contract that includes any ASE certifications and/or equivalent OEM training/certification and the years of experience.

2. Mobile Service Truck: The contractor shall provide qualified repair technicians with a service truck(s) equipped with a full set of mechanic’s basic hand tools, the capability to weld and fabricate metal, and operate air tools in the field and other implements necessary to perform proficient equipment adjustments and repairs on site.

3. Supervision: Using the best skill and attention, the contractor shall be responsible for all supervision and direct the work of its employees as well as any subcontractor used to perform work under the resulting contract. Subcontractors shall be responsible to the Prime Contractor.

4. Conduct of Contractor Personnel: The contractor is responsible for the conduct of all personnel while at DOC facilities. The conduct of all Contractor and Subcontractor personnel shall be professional at all times and workers appearing to be under the influence of alcohol or drugs shall not be permitted on DOC property. The contractor shall adhere to all security requirements at each facility. General security requirements are detailed in Attachment F. The DOC reserves the right to reject any of the contractor’s employees who, in DOC’s judgment, are not adequately qualified and/or are unable to competently perform the work.

5. Use of DOC Premises: The contractor shall perform their work in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises. The contractor shall become familiar with and adhere to all facility safety and security procedures. General facility guidelines are detailed in Attachment E.

6. Disposal: The contractor is responsible for disposal of all refuse, scrap, trash including but not limited to packaging, parts, belts, hoses, fluids, etc. No such material shall be left at the repair location, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. Disposal of any hazardous material shall be done in accordance with regulations. If approved by the Farm Manager or designee, disposal can be made in a facility dumpster. Otherwise, all disposal costs are the responsibility of the contractor.

7. All repair parts must meet the Original Equipment Manufacturer (OEM) specifications and shall carry an industry standard warranty. All parts shall be new and unused unless authorized in writing by the Farm Manager or designee. Parts may be purchased separately at the discounted rate stated in Attachment A, #4.

8. Returns: Any materials delivered in poor condition or in excess of the amount authorized by the purchase order may at the discretion of the Agency be returned to the contractor’s warehouse at the Contractor’s expense within 30 days. Credit for returned goods shall be made immediately once received by Contractor. Contractor shall not charge Agency for returns in the event an incorrect item was shipped by Contractor.

A re-stocking charge may be applied in the event that a Agency orders an incorrect item or quantity of items and seeks to return to Contractor for credit. The re-stocking fee shall not exceed 20% of the cost of the item.

The Commonwealth of Virginia’s General Terms and Conditions and this contract’s Special Terms and conditions take precedent over any return policy in the event of a conflict.

9. All work shall be performed at either the contractor’s location or at the DOC facility as mutually agreed between the contractor and the Farm Manager. Contractor shall provide a list of locations including addresses, contacts, phone and fax numbers for each.

10. When service is needed the Farm Manager or designee will inform the contractor of the type of service required. The Farm Manager or designee and the contractor shall discuss and agree upon the service level required for each work assignment.

a. When Normal Service is requested, the contractor shall provide an estimate of repair within twenty-four (24) clock hours of inspection of equipment. Upon receipt of the purchase order signifying DOC approval to proceed with repair, completion of repair shall be within ten (10) business days. Upon written request by the contractor, the DOC may approve an extension beyond ten (10) business days.

b. When Mobile Service is requested, the Mobile Service Truck shall be at the DOC facility preferably within four (4) hours of request from the Farm Manager or designee, unless otherwise mutually agreed.

D. WORK ESTIMATES

1. When requested, the contractor shall FAX or email a written estimate of repairs to the Farm Manager or End User (whom requested) for approval prior to beginning work. The estimate shall include estimated labor hours, descriptive list and cost of repair parts, and the estimated time in days for repairs to be accomplished once approval is received. If the estimate is not considered to be fair and reasonable, the contractor will be asked to review the estimate and re-submit.

2. Once the estimate is approved by the Business Manager, and the estimate is less than $5,000, a purchase order will be issued to perform the repairs. The purchase order number must be included on vendor invoice and in all correspondence regarding the repair. Any repair shall require a written estimate.

3. The Business Manager’s written approval shall be obtained any time the actual repair cost exceeds the original estimate.

4. All parts, materials and supplies shall be billed at discounted cost per Schedule (see Attachment A, # 4) The contractor shall include an itemized list of parts and/or supplies. The contractor shall also confirm these prices. Parts or supplies from the contractor’s inventory shall be billed per the discounted percentage rate on the contractor’s letterhead/invoice. The DOC reserves the right to provide necessary parts and/or supplies whenever it is determined to be in the best interest of the Commonwealth.

5. All used parts that are not necessary for core credit remain the property of DOC until released to the contractor for disposal. The DOC reserves the right to inspect the used parts and to request that these parts be returned to DOC.

6. No portion of the work shall be subcontracted without prior consent of the DOC. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency with the names, qualifications and experience of its proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work performed by its subcontractor(s) and shall ensure compliance with all requirements of the contract. No markup shall be allowed on subcontracted work. A copy of the subcontractor’s invoice shall be included with the contractor’s invoice to confirm these charges. Travel time for drop-off and pickup of the equipment at the subcontractor’s location shall be at the contract travel rate.

7. All manufacturer’s installation, operation and parts manuals, warranties, and certificates shall accompany invoices submitted for payment for all newly installed equipment, parts, or materials.

8. The contractor shall notify the Farm Manager or designee of any repairs that may be covered under the equipment manufacturer’s warranty or may be considered the result of defects in the equipment prior to proceeding with any work.

9. If during the course of the equipment repair, additional repairs are identified by the technicians as needing to be done, the contractor shall obtain permission from the Business Manager prior to any additional work being completed. Additional work not approved will not be paid by DOC.

10. The DOC will pay, when invoiced, up to $15.00 on each invoice for shop supplies and environmental waste disposal to cover the contractor’s expenses for universal type wire connectors, tie straps, brake cleaner, carburetor cleaner, parts cleaner, soap, shop rags, floor dry, chassis grease, electrical tape and disposal of used oil/antifreeze, filters and other typical waste products. Subcontracted work shall not include a shop supply charge from the Prime Contractor. Some repairs on larger equipment may require more supplies, (Agricultural and Industrial equipment) this would need to be made aware of in advance for approval.

11. Zones serviced: See Attachment B. Please list what zones/areas you provide service.

F. BILLING

1. All invoices must show list pricing and discounted pricing.

III. 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 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, veteran status, status as military family, 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, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: 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 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 (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) that the product offered is an equivalent product, such (bid) will be considered to the brand name product referenced in the solicitation.

S. 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 or further certifies that the contractor and any subcontractors will maintain this 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 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.)

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

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.

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.

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.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

Internet electronic procurement solution, web site 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 e-procurement solution by completing the free eVA Vendor Registration. All bidders or 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 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.

X. 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.

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

AB. 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,…