Commonwealth of Virginia

Department of Forestry

INVITATION FOR BIDS

(IFB)

Issue Date: September 03, 2026 IFB # DOF27: 127775

Solicitation number:

Title: Virginia Department of Forestry – Headquarters Security Guard Services

Commodity Code: 99046 (Guard and Security Services)

Issuing Agency: Commonwealth of Virginia Department of Forestry 900 Natural Resources Drive, Suite 800 Charlottesville, VA 22903

Location: 900 Natural Resources Dr #800, Charlottesville, VA 22903

Period of Contract: From: Award of contract through September 30, 2027 and from October 1 –

September 30 of each subsequent year, if renewed.

(This contract may be renewed by the Commonwealth for four (4) successive one-year periods. See Section V.,E.

– Renewal of Contract)

All bids must be submitted electronically via eVA. Instructions for electronic bid submission are linked here.

Sealed Bids will be received via eVA until 2:00 P.M. on Friday, September 14, 2026, for furnishing the Services described herein, and then opened in public. All inquiries for should be directed to:

thomas.baumann@dof.virginia.gov in writing and will be answered in writing or via addendum.

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

Name and Address of Firm:

Date:

By:

(Signature in Ink or Docusign/Adobe verified signature)

Name:

Print

FEI/FIN No Title:

Email Address: Telephone No.

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-ifb.pdf mailto:thomas.baumann@dof.virginia.gov

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

*Bid submission instructions:

1. Fill and sign page one of this IFB,

2. Complete the separate, attached Bid Form with all requested information.

3. Complete and submit attachments, A, B, C and D.

Instructions for electronic bid submission are linked here. Submit any questions to brian.fox@dof.virginia.gov in writing. Answers will be returned in writing or via addendum.

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-ifb.pdf mailto:brian.fox@dof.virginia.gov

TABLE OF CONTENTS FOR IFB# DOF27: 127775

PURPOSE………………………………………………………………………………………..………..4

SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATION)…………………………...……...4

OPTIONAL PREBID CONFERENCE…………………………………………………………………...6

GENERAL TERMS AND CONDITIONS………………………………………………………..………6

SPECIAL TERMS AND CONDITIONS……………………………………………………………

METHOD OF PAYMENT………………………………………………………………………………..17

PRICING SCHEDULE…………………………………………………………………………….……...18

ATTACHMENTS…………………………………………………………………………………..……..18

I. PURPOSE:

The Virginia Department of Forestry ("DOF" or "the Department") is accepting bids to obtain the services of a qualified contractor to provide one (1) or two (2) uniformed security guard(s) to act as a security presence and access control point at the DOF Headquarters office, 900 Natural Resources Drive, Suite 800, Charlottesville, Virginia 22903.

II. SCOPE OF WORK

The Contractor shall furnish all labor, supervision, equipment, and materials necessary to provide security officer services at the Virginia Department of Forestry Headquarters. Services shall include, but are not limited to, the following requirements:

A. REQUIREMENTS:

1. The Contractor shall provide one (1) or two (2) uniformed, security service guards for five (5) days per week, Monday through Friday, between the hours of 8:00 am and 5:00 pm, to staff a stationary post at the primary point of entry and to conduct interior and exterior rounds of Agency-occupied space in accordance with the post orders received. The number of guards required shall be at DOF’s option and sole discretion and will be communicated to the Contractor prior to the end of the week preceding a change in guard numbers.

State Holidays Excluded:

a. New Year’s Day

b. Martin Luther King, Jr. Day

c. George Washington Day

d. Memorial Day

e. Juneteenth

f. Independence Day

g. Labor Day

h. Columbus Day & Yorktown / Victory Day

i. Election Day

j. Veterans Day

k. Thanksgiving

l. Day After Thanksgiving

m. Christmas Eve

n. Christmas

2. Hours of service, the estimated annual hours for each line of coverage, and the Commonwealth holidays on which service is and is not required are listed above. Should coverage be required on days not listed, or not required on days listed, notification will be made seventy-two hours in advance.

3. Where an Agency meeting or event scheduled within a covered shift extends beyond the scheduled shift end time, the officer shall remain until the meeting or event concludes plus thirty (30) minutes, unless released earlier by the Contract Administrator or designee. Hours worked under this clause shall be invoiced at the applicable hourly rate.

4. An officer shall not leave the post until properly relieved. For the purposes of this Contract, "abandoned" means physically absent from the designated post area without authorization.

5. The Contractor shall provide a designated supervisor. During the first thirty (30) days of the Contract the supervisor shall meet with the Contract Administrator weekly, between 8:30 a.m. and 4:30 p.m., to review performance and correct deficiencies. Thereafter the supervisor shall meet with the Contract Administrator monthly. Where performance problems are documented, the Contractor's administrative supervisory personnel — not the on-site supervisor — may be required on site until deficiencies are corrected. Administrative supervisory time is overhead and shall be calculated within the hourly rates bid; it shall not be separately invoiced.

6. The Contractor shall provide a supervisor reachable during all hours of scheduled coverage who is able to be physically present at the Headquarters office within sixty (60) minutes of a request by the Contract Administrator, and shall provide a twenty-four (24) hour contact person for the life of the Contract. "Reachable" requires the authority to change officer schedules, discipline personnel and terminate employment without escalation.

7. Guards shall badge into and out of the building as a means of verifying time onsite. Contractor shall reimburse the agency in the form of a credit or the dollar value amount for the replacement cost of each lost badge. Repeated failure to swipe badge upon entry and exit will be deemed as non-compliance with the contract requirements.

8. Unless requested in writing by the Contract Administrator, the Contractor shall not provide service on the holidays specified above, or on days when the Agency is closed for severe weather or emergency.

9. The Contractor shall submit site-specific Standard Operating Procedures (Post Orders) to the Contract Administrator within thirty (30) days of contract start for review and approval. Approved post orders are the property of DOF, shall be maintained at the post, shall not be reproduced or removed without written authorization, and shall be returned to the Agency on expiration or termination. Officers shall follow the post orders applicable to the post they occupy, including on temporary assignment. The Contractor shall acknowledge each revision in writing within five (5) business days.

10. Post duties shall include, but are not limited to:

a. Greeting, screening and directing visitors, applicants, vendors and delivery personnel consistent with Agency procedures.

b. Verifying employee and visitor credentials and administering visitor sign-in, badging and escort.

c. Controlling access to Agency-occupied space; preventing and reporting unauthorized entry.

d. Monitoring video surveillance, access control and alarm annunciation from the post.

e. Securing and unsecuring entrances and suites in accordance with post orders.

f. Conducting rounds of interior and exterior areas at the intervals stated in the post orders, recorded at each designated checkpoint through the Contractor's tour verification system.

g. Responding to and reporting facility alarms — intrusion, fire and environmental.

h. Identifying and reporting unsecured doors, unattended property, lighting outages, water intrusion and other conditions affecting safety or security.

i. Providing personal safety escorts to and from parking areas on request.

j. Attending to persons requiring routine or emergency assistance, including summoning emergency services and directing responders to the incident location.

11. Prior to the start of the Contract, the Contractor and the Contract Administrator shall agree on a format for written incident reports. Reports shall be filed for any incident requiring a significant response, and for any condition presenting a potential for harm absent preventive measure. The following shall be reported in writing within twenty-four (24) hours and shall additionally require immediate verbal notification to the Contract Administrator or designee: unauthorized intrusion or attempted intrusion;

criminal activity, whether or not law enforcement is summoned; fire, smoke or alarm activation;

security breach, including credential loss, door propping and access control failure; any use of force by an officer; any medical emergency or injury to an employee, visitor or officer; any threat, intimidation, harassment or act of workplace violence directed at Agency personnel; any apparent surveillance of the facility, including unauthorized photography or unusual requests for information;

and any failure or degradation of Agency security systems. A daily activity log shall be maintained for every shift and made available on request.

12. The Contractor shall verify that each officer and supervisor maintains active registration in good standing with the Virginia Department of Criminal Justice Services in the applicable category, including all compulsory minimum and in-service training required under § 9.1-141., with no lapse.

Registration documentation shall be provided to the Contract Administrator before the individual is assigned and upon each renewal.

13. At the Department’s option, the Contractor shall provide a minimum of four (4) hours of site-specific training to each officer, covering the post orders, Agency systems, facility layout, emergency and evacuation procedures, visitor procedures and Agency points of contact. All initial, sustainment and remedial training shall be at the Contractor's expense.

14. The Contractor shall obtain pre-employment and periodic background checks for all personnel performing work under this Contract in accordance with § 2.2-1201.1., to include criminal history records check, Social Security number verification, driver's license check where applicable. The Department reserves the right to verify results before personnel are permitted to work at the Agency site. Only individuals who have passed all required checks may be assigned. Personnel working without approved clearance shall be removed immediately and no payment shall be made for hours worked in violation of this clause. The Contractor shall notify the Contract Administrator in writing of any change in assigned personnel. DOF reserves the right to reject the assignment of any individual.

15. The Contractor shall maintain a drug-free workplace policy applicable to personnel under this Contract, providing for periodic testing and a specified course of action for personnel testing positive, and shall furnish documentation on request.

16. The Contractor is encouraged to maintain with the Contract Administrator a list of pre-cleared personnel available for assignment and deployable within twenty-four (24) hours, so that no scheduled shift is left uncovered.

17. On-site personnel shall wear a clean, complete uniform, immediately recognizable as belonging to a security force, with Contractor-issued photo identification worn visibly at all times. Prior to award the Contractor shall submit a color photograph of the standard uniform for approval. Once approved, the type, color and style shall not change without the written consent of the Contract Administrator.

Uniform items shall be reviewed and replaced as needed at least every twelve (12) months.

18. The Contractor shall furnish all needed equipment, including two-way communication capability operable and carried at all times on duty, and shall maintain a policy governing periodic communication between the post and the supervisor. All equipment shall be kept in serviceable condition.

19. On-site personnel shall be able to speak English fluently and to read and write English, as necessary to provide directions, answer questions, prepare written incident reports, and communicate with law enforcement, fire and medical personnel.

20. On-site personnel shall not report for duty impaired by drugs, alcohol or illness. DOF reserves the right to require the immediate removal from Agency service of any Contractor employee it deems unfit for duty, for any reason not contrary to law. This right is non-negotiable.

21. The on-site officer shall use the security station, telephone and workspace provided by DOF. The telephone is for business purposes only. Use of other Agency equipment without the permission of the Contract Administrator is prohibited. DOF will provide initial orientation on Agency security systems, post orders, processes and standards, and will provide the equipment necessary for the officer to operate Agency systems.

22. DOF reserves the right to conduct periodic inspections of personnel, equipment and documentation..

23. DOF may add or reduce coverage during the Contract term. DOF will provide written notice at a minimum, the week prior to any staffing changes, stating whether the change is temporary or permanent, the implementation date, the days and shifts affected, and the applicable post orders.

Additional hours shall be invoiced at the contract rates.

24. Upon expiration or termination the Contractor shall cooperate fully in transition to a successor, returning all post orders, Agency-issued keys, credentials, access cards and equipment within [five (5)] business days, and providing the incident and activity record for the contract period. Unreturned ID badges will be billed to the contractor at the current replacement cost.

III. PREBID CONFERENCE:

A Prebid Conference has been deemed unnecessary for this solicitation. Site visits are optional and Bidders are encouraged to visit the DOF Headquarters prior to submitting a bid. Please contact Richard Schmidt at for a site visit at Richard.schmidt@dof.virginia.gov or tel:(434) 270-4253.

IV. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.)

The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at 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.

mailto:Richard.schmidt@dof.virginia.gov https://eva.virginia.gov/index.html

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/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, 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, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

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

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000:

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

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

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

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs:

1. (For Invitation For Bids): 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/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

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/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/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 (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the

(bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Commonwealth that such (bidder/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. Omitted by DOF

R. Omitted by DOF

S. Omitted by DOF

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

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

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

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors: $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

U. ANNOUNCEMENT OF AWARD: Upon receiving 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.

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

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

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

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

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

The eVA 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 offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

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

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

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

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

2. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

https://eva.virginia.gov/index.html

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.

Y. 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.

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

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

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

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

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

https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf

DD. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services.

EE. FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

V. SPECIAL TERMS AND CONDITIONS:

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.

Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

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

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default.

The format of this electronic catalog shall conform to the eVA Catalog and/or Punch-Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov.

E. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for four (4) successive one-year periods under the terms and conditions of the original contract except as stated in 1. and

2. below. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

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

mailto:eVA-catalog-manager@dgs.virginia.gov mailto:eVA-catalog-manager@dgs.virginia.gov

2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the “Other Services” category of the CPI-U section of the Consumer Price Index…