Final 242-24-00004_IFB HVAC Services & Attachments.pdf

COMMONWEALTH OF VIRGINIA

COMBINED TWO-STEP INVITATION FOR BIDS

(Sealed Bids)

IFB #242-24-00004

HVAC SYSTEMS MAINTENANCE AND REPAIR SERVICES

TERM CONTRACT

FOR CHRISTOPHER NEWPORT UNIVERSITY

DUE: Monday March 18, 2024 BY 2:00 P.M. EDT

Denise Patesel

Virginia Contracting Officer (VCO)

Procurement Services

757-594-7809 denise.patesel@cnu.edu

Table of Contents

I. PURPOSE

II. BACKGROUND

III. PROCEDURE FOR COMBINED TWO-STEP COMPETITIVE SEALED BIDDING

A. FIRST ENVELOPE: TECHNICAL PROPOSAL (Un-priced)

B. SECOND ENVELOPE: BID PRICE

IV. SCOPE OF WORK (FOR USE IN TECHNICAL PROPOSAL)

A. GENERAL REQUIREMENTS

B. SPECIFIC REQUIREMENTS:

C. PERSONNEL REQUIREMENTS:

D. WORKMANSHIP, CODES and STANDARDS

V. BID SUBMITTALS AND SELECTION PROCESS

VI. MANDATORY PREBID CONFERENCE

VII. GENERAL TERMS AND CONDITIONS

VIII. SPECIAL TERMS & CONDITIONS

IX. METHOD OF PAYMENT

X. BID PRICE: PRICING SCHEDULE—HVAC SYSTEMS MAINTENANCE AND REPAIR SERVICES

ITEMS TO BE SUBMITTED IN SEPARATE SEALED ENVELOPE

ATTACHMENTS

A. VENDOR DATA SHEET SUBMIT WITH TECHNICAL PROPOSAL

B. CONFLICT OF INTEREST STATEMENT SUBMIT WITH TECHNICAL PROPOSAL

C. SMALL BUSINESS SUBCONTRACTING PLAN SUBMIT WITH TECHNICAL PROPOSAL

D. STATE CORPORATION COMMISSION FORM SUBMIT WITH TECHNICAL PROPOSAL

E. CONTRACTOR BACKGROUND

CERTIFICATION FORM SUBMIT WITH TECHNICAL PROPOSAL

COMMONWEALTH OF VIRGINIA

CHRISTOPHER NEWPORT UNIVERSITY

COMBINED TWO-STEP INVITATION FOR BIDS (SEALED IFB)

Issue Date: February 14, 2024 IFB# 242-24-00004

Title: HVAC Systems Maintenance and Repair

Commodity Code: 03167, 91017, 91450, 94155, 96702, 99247

Issuing Agency: Commonwealth of Virginia

Christopher Newport University

Using Agency and/or Location Christopher Newport University

Where Work Will Be Performed: 1 Avenue of the Arts

Newport News, VA 23606-3072

Expected Initial Period of Contract: June 6, 2024 through June 5, 2025. Renewable for four (4), one (1) year renewal options.

Sealed Bids Will Be Received Until 2:00 p.m. EDT on March 18, 2024, For Furnishing The Goods/Services

Described Herein and the Technical Proposals will be Opened In Public.

All Inquiries For Information Should Be Directed To: Denise Patesel, Virginia Contracting Officer (VCO) via email.

Inquiries must be received by 12:00 noon on March 1, 2024.

IF BIDS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE. IF BIDS ARE HAND

DELIVERED, DELIVER TO: Office of Procurement Services, 321 Hiden Blvd., 1st Floor, Suite 100, Newport

News, VA 23606.

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 bid price pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

* Virginia Contractor License No. *DSBSD-certified Small Business No.

Class: Specialty Codes: SCC#

Name and Address of Firm:

Zip Code:

eVA Vendor ID or DUNS #:

Fax Number:

E-mail Address:

Date:

By:

(Signature In Ink)

Name:

(Please Print)

Title:

Telephone Number:

* PREBID CONFERENCE: A MANDATORY pre-bid conference will be held on Thursday, February 22, 2024 at

10:00 A.M. EDT, at 321 Hiden Blvd., Suite 104, Newport News, VA 23606.Virtual attendance is preferred and is available via Google Meet Link - meet.google.com/jwv-jkgr-tnn. No one will be admitted after 10:00 A.M EST. Only those firms what sign the attendance roster, either in person or on-line, will be considered. Please attend with a copy of this solicitation.

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.e 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.

I. PURPOSE

The purpose of this combined two-step Invitation for Bids (IFB) is to establish a term contract through competitive sealed bidding with two or more licensed and qualified vendors to provide HVAC maintenance and repair services to

Christopher Newport University (CNU). The contractor shall provide HVAC repairs, maintenance, and improvements to CNU buildings as may be required. The initial contract shall be for one (1) year with an option to renew for four

(4) additional one (1) year periods.

II. BACKGROUND

The youngest, comprehensive university in the Commonwealth, Christopher Newport was founded in 1960 as a two-year branch of the College of William and Mary, became independent in 1977 and gained university status in 1991.

A four-year public university, CNU enrolls 5,000 students in rigorous academic programs in the liberal arts and sciences through the College of Arts and Humanities, the College of Natural and Behavioral Sciences, and the College of Social Sciences, including the Luter School of Business. CNU offers great teaching and small class sizes with an emphasis on leadership, civic engagement and honor. Its 260-acre campus reflects the nearly $1 billion in capital construction completed during recent years.

For more information about CNU, visit www.cnu.edu.

III. PROCEDURE FOR COMBINED TWO-STEP COMPETITIVE SEALED BIDDING

This solicitation describes CNU’s requirement in general terms and asks for bids to be submitted in a two-step process. Each bidder shall submit one (1) original and five (5) copies of bidder’s technical proposal in one, separate envelope. Each bidder shall submit one (1) original copy of bidder’s price bid in a second, separate envelope. The technical proposal from each bidder shall describe how that bidder intends to meet CNU’s requirements and what goods, equipment, and service, as applicable, will be furnished. This solicitation specifies any mandatory technical data and information to be submitted in the technical proposal and any optional information desired. The technical proposal shall not include the bid price. The technical proposals are publicly opened on 3/18 immediately after the

2 pm. deadline and the names of the firms submitting technical proposals are announced. CNU will then evaluate and select those proposals which meet its needs, based on the mandatory criteria specified in the solicitation. The evaluators may request written or oral discussions from bidders to clarify or amplify the material in the proposal.

The contents of the technical proposal are not subject to negotiation and must be evaluated as submitted. Technical proposals are not ranked but are determined to be acceptable or not acceptable for meeting CNU’s needs. Only those responsive bidders whose technical proposals were determined to be acceptable will be moved to the second step of the process. Only the price bid envelopes from those bidders whose technical proposals were determined to be acceptable will be opened. The award is then made to the lowest responsive and responsible bidder(s).

Responses are to be submitted in two separate sealed envelopes - one marked “Technical Proposal” and the other marked “Bid Price.” Bidders shall identify each of the Technical Proposal and the Bid Price envelopes with the bidder’s name, company name and address, and bid reference number. Each envelope shall be delivered in a master envelope as further described in Section VIII, Special Terms and Conditions, item 13.

A. FIRST ENVELOPE: TECHNICAL PROPOSAL (Un-priced)

This envelope contains one (1) original and five (5) copies of your technical proposal. The technical proposal must describe in detail all the services and the methods for accomplishing the end results for routine HVAC services and maintenance. The technical proposal must also describe, in detail, the points addressed in Section

IV: Scope of Work, parts A, B, C, and D. In addition, one (1) Flash Drive in .pdf format of the Technical

Proposal must be submitted in the same envelope.

If any of the requested information is missing, the Technical Proposal may be declared non-responsive.

B. SECOND ENVELOPE: BID PRICE

This envelope contains one (1) original and five (5) copies of your pricing schedule. Submit pricing data as requested in the pricing schedule. Submit this envelope at the same time you submit the technical proposal.

http://www.cnu.edu/

IV. SCOPE OF WORK (FOR USE IN TECHNICAL PROPOSAL)

A. GENERAL REQUIREMENTS

The contractor shall furnish all labor, materials, equipment, incidentals, expertise, supervision and administrative personnel to perform HVAC maintenance and repair services for CNU on an “on-call” basis in accordance with the specifications and terms and conditions set forth in this IFB. CNU includes all on and off campus buildings. Off campus sites currently include CNU’s LifeLong Learning Center, Yoder Barn, and the President’s Residence. Future sites will be added to this contract as necessary.

Contract Administrators and designated personnel will provide work assignments, oversight, scheduling and general guidance to the contractors for the implementation of all aspects of the contract. Contract Administrators will be designated personnel from Auxiliary Operations, and Facilities Management/Plant Operations.

The selected vendors will provide work typical of the HVAC trades for CNU’s facilities including, but not limited to, regular non-emergency maintenance and repair, after-hours maintenance and repair, emergency repair, trouble shooting, individual projects and equipment replacement projects. The potential dollar volume of work that may be ordered under this contract is unknown since such volume will depend upon requirements which develop during the contract period.

Specific jobs are not outlined within this IFB. During the contract period, the successful contractors shall be available for any and all HVAC jobs required by CNU.

B. SPECIFIC REQUIREMENTS:

Provide HVAC maintenance and repair services on various systems to include, Trane, York, Carrier and other brands and types of HVAC equipment and systems in accordance with manufacturer’s specification and recommended procedures. Duties include but are not limited to:

1. Contractors shall perform service on HVAC equipment and components including refrigeration, air conditioning, heating units, heat pumps, hermetic compressors, semi-hermetic compressors, light commercial furnaces, boilers, water heaters, burners, intake and exhaust fans, economizer, humidifiers, split systems, air compressors, air driers, fireplaces, gas logs, and packaged units.

2. Contractors shall maintain and repair all types of commercial HVAC systems including but not limited to hydronic systems, including pumps and cooling towers.

3. Contractors shall repair or replace electrical components such as wire, contactors, starters, relays, overload heaters, motors, compressors, flame guards, pilot igniters, and fail safe controls.

4. Contractors must be able to layout, fabricate, and install metal, fiberglass, flexible ductwork, diffusers, grills, and turning veins.

5. Contractors shall install or repair piping and pumps related to the transfer of water, oil, brine, refrigerant, and chemicals.

6. Contractors shall conduct inspection of coils, condensate drain and pan, associated electrical components, filters, belts, and refrigeration lines.

7. Contractors must be able to calibrate and adjust thermostats, valves, and controls to specified levels of operation and be able to read complex blueprints, piping, sketches, schematics and wiring diagrams.

8. Contractors shall submit a non-binding cost estimate with each project as requested by the Contract

Administrators or their appointed designee(s) within 2 business days for routine service.

9. Contractors shall submit a service ticket for each project performed with date, time, materials, service, and man hours per project at the completion of each day worked to the Contract Administrators or their appointed designee(s). Warranty information must be provided for new installations that includes make, model, serial numbers and contact information for future warranty claims.

10. Contractors may be required to perform emergency services or after hour services and must be available

7 days a week, 24 hours per day. Contractors shall respond within 1 (one) hour by telephone and be on-site within 2 (two) hours of being notified of an emergency.

11. At time of award, contractors shall supply the name and contact information of a representative of the company who is available Monday-Friday, 8:00 a.m. until 5:00 p.m. and the name and contact information of a company representative who is available after hours for emergencies and/or after hour services. This contact information must be kept current and updated within 24 hours if there is a change in personnel. An answering machine shall not be used as a form of contact.

12. Regular work hours are 8:00 a.m. until 5:00 p.m., Monday through Friday. Note for housing projects, the start time is typically 9:00 a.m. to gain access to resident halls.

13. Contractor shall maintain a clean and safe work environment and clean up as jobs are completed or at the end of the workday, whichever comes first. Clean up includes sweeping, vacuuming, etc. to ensure that the work area is left in usable condition once the work is completed. Contractor is responsible for disposal of all refuse, rubbish, scrap materials, and debris resulting from their operations

14. Contractors shall be able to set up and use scaffolding and ladders if necessary to complete a job assignment. Contractor shall have staff certified in the use of aerial lifts and provide their own personal protective equipment (PPE). All OSHA regulations, state and local laws shall be followed.

15. Costs incurred for transportation of workers, materials, handling, delivery or movement of contractor owned equipment and project supervision are not chargeable directly, but are considered overhead and must be included in the hourly rate provided with your bid price.

16. Contractor shall follow CNU’s lock out, tag out (LOTO) and arc flash policies. The policy is available upon request.

17. Contractor must fire stop all penetrations through fire wall and smoke barriers. Certified tag must be left at job site on each penetration.

C. PERSONNEL REQUIREMENTS:

1. Contractor shall provide competent, experienced and qualified staff for each assignment.

2. A list of employees with skill level (to include applicable trade license number) and years of experience in the solicited profession shall be provided with the technical proposal. Only employees listed may report to work on this contract. List must be updated within 24 hours if there is a change in personnel and the employee assigned must be approved by the Contract Administrators or their appointed designee(s).

3. Contact information must be submitted at time of award with employees who will be assigned to perform work associated with the awarded contract.

4. Contractor personnel shall wear articles of clothing which identifies the company and employee when performing services under the awarded contract on the CNU campus, such as a badge/lanyard.

5. To ensure overall safety of all personnel and property, the contractors shall have an on-site person who is capable of communicating effectively in the English language, oral and written.

6. The contractors shall be responsible for the conduct of all personnel while on the job site.

D. WORKMANSHIP, CODES and STANDARDS

1. All work shall be performed in a workmanlike manner. All materials furnished in carrying out the contract shall be new, or as otherwise allowed by the Contract Administrator, and in compliance with the current National Electrical Code (NEC) and the current Uniform Statewide Building Code (USBC).

2. The contractor shall be familiar with all Federal, State and local laws, ordinances, rules, and regulations that in any manner may affect the work, including OSHA and applicable Virginia safety regulations.

3. Services and materials supplied should be environmentally friendly using sustainable products such as those meeting U.S. Department of Energy, Federal Energy Management Program, or Energy Star certified products.

4. If any person employed by the contractor shall appear to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately and shall not report back to the campus of

CNU.

5. All work performed shall be done in a manner that will not adversely affect the integrity of a buildings structural, mechanical, electrical, fire protection, and life safety systems or any other building features that will overload or render useless any portion of a facility.

6. When applicable, contractors shall give ample advance notice of the need for electrical/HVAC service interruption and shall schedule all work requiring such interruption in coordination with the Contract

Administrators or their designee(s).

7. Contractors shall provide timelines for installation, repair, and testing as applicable. If the project cannot be completed within the time period, contractor must notify the Contract Administrator or their designee(s) of the delay, and technical impact to the system. Documentation should include facts and relevant information about the delay.

8. In case of an emergency, which threatens loss or injury of property and or safety of life, the contractor shall be allowed to act without previous instructions from the Contract Administrators or their designee as the contractor sees fit. The contractor shall notify the Contract Administrators or their designee(s).

All unsafe and potentially dangerous conditions should be addressed and corrected immediately, documented and reported to the Contract Administrators or their designee(s).

9. Laborers shall not be allowed to perform on a work order without onsite supervision by a technician licensed through the Virginia Department of Professional and Occupational Regulation (DPOR).

V. BID SUBMITTALS AND SELECTION PROCESS

The Office of Procurement Services with the assistance of the IFB Committee will evaluate bidder’s un-priced technical proposals. The agency will evaluate and select those technical proposals which meet its needs, based on the mandatory criteria specified in this solicitation. Only those Price Bid envelopes whose technical proposals have been deemed acceptable, will be opened. The award will be made to the lowest responsive and responsible bidders.

VI. MANDATORY PREBID CONFERENCE

A mandatory pre-bid conference will be held on Thursday, February 22, 2024 at 10:00 A.M. EDT at 321 Hiden Blvd., Suite 100, Newport News, VA 23606. No one will be admitted after 10:00 A.M.EDT. Virtual attendance is preferred and is available via Google Meet Link - meet.google.com/jwv-jkgr-tnn.

If special ADA accommodations are needed, please contact Denise Patesel at 757-594-7809 by February 19, 2024 at 5:00 P.M. EDT.

VII. GENERAL TERMS AND CONDITIONS

This solicitation and any resulting contract is subject to the provisions of the Commonwealth of Virginia’s Purchasing

Manual for Institutions of Higher Education and Their Vendors and any revisions hereto, and the Rules Governing

Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the

Commonwealth of Virginia (Subchapter 3 of the Restructured Higher Education Financial and Administrative

Operations Act) (hereafter referred to as “Governing Rules”), which are hereby incorporated into this contract in their entirety. The manual may be accessed electronically at https://vascupp.org.

1.ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the University will publicly post such notice on the Commonwealth of Virginia’s eVA eProcurement platform (www.eva.virginia.gov) for a minimum of 10 days.

2. ANTI-DISCRIMINATION: By submitting their bids/proposals, bidders/offerors certify to University 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 §9 and §10 of the Governing Rules. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Governing Rules, §36).

In every contract over $10,000, the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

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.

3. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the University 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 University under said contract.

https://vascupp.org/ http://www.eva.state.va.us/

4. 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. The

University and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute by informal mediation (Governing Rules §56). The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

5. ASSIGNMENT OF CONTRACT: The contractor shall not be assigned all or any portion of its rights and duties under this contract without the prior written consent of the University.

6. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the University 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.

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

8. 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 University 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 University of the adjustment to be sought, and before proceeding to comply with the notice, shall await the University's written decision affirming, modifying, or revoking the prior written notice. If the University 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

University 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

University’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 University with all vouchers and records of expenses incurred and savings realized. The

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

University. 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 Contractual Dispute provision of Governing Rules § 53. 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 University or with the performance of the contract generally.

9. CONTRACTOR CONDUCT: Contractor shall at all times operate in compliance with federal law, the laws and regulations of the Commonwealth of Virginia, and the policies of the University, including those that relate to access and use of the University’s facilities and information technology resources and data.

The University may require, at its sole discretion, the removal and replacement of any individual who the

University reasonably believes to have violated any laws or policy of the University.

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

11. CONTRACTOR BACKGROUND CERTIFICATION: The Contractor, at its expense, shall conduct background screenings to include a national criminal history background check (NCHBC) on all contracted employees (including subcontractors and temporary workers) assigned to perform services for Christopher

Newport University at or in any University facility or location, including any employee provided logical or virtual access to University systems and data, even remotely. The Contractor bears the responsibility for certifying to the

University that background screenings have been completed prior to work being performed by their employees or subcontractors. The Contractor shall only assign employees deemed qualified and permissible based on the results of completed background screenings. To ensure the safety of the University’s students, staff, faculty and general public visitors to the campus, Christopher Newport University reserves the right to approve or disapprove any contracted employee(s) working at any University location should the University discover a criminal background. Disapproval by the University will solely apply to all University locations and should have no bearing on the Contractor’s employment of the employee(s) outside of the University.

The background screening shall include, but not limited to, a review of the individual’s records obtained through

Social Security Number Search, Credit Report (if related to potential job duties), state and federal Criminal

Database Search (any misdemeanor convictions and/or felony convictions are reported) in all states in which the employee has lived or worked, and the National Sex Offender Registry. The University requests national criminal history background checks to include all criminal conviction history information, and not just the most recent seven years of data. No employee listed on any sex offender registry shall be employed under this contract.

The University reserves the right to audit a contractor’s background screening process at any time. Upon request, the Contractor shall provide verification of background screening completion/clearance information for any employee.

If at any time during the term of the contract, the University discovers an individual has a conviction, the

University reserves the right to the immediate removal of the individual from the University’s service and to request a prompt, suitable replacement. This right is non-negotiable. The same holds true for any individual convicted of any criminal convictions while in employment. The Contractor and/or individual is to disclose any criminal conviction(s) that occur while assigned to the University to the contract administrator immediately.

All questions concerning the background screening requirement shall be addressed to the Director of Human

Resources Operations at 757-594-7145. The University’s policy can be found on the Office of Human Resources

Operations website at https://cnu.edu/public/policies/policy/human-resources-policies/cnu-policy-

5035_criminal_history_background_check_policy.pdf.

Failure to comply with these terms as specified shall result in termination of the contract, unless waived in writing by the University. Signature of this solicitation and/or resulting award confirms the Contractor’s compliance with this requirement.

12. DEBARMENT STATUS: By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred or otherwise declared ineligible by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred or otherwise declared ineligible.

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

14. DRUG-FREE WORKPLACE: 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.

15. ETHICS IN PUBLIC CONTRACTING: By submitting their bids/proposals, bidders/offerors certify that their bids or 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.

16. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth of Virginia. 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 of Virginia shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders/offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

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

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

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

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

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

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

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

General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

http://www.eva.virginia.gov/ about:blank

17 E-VERIFY PROGRAM: Any contractor with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the University to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to any awarded contract.

18. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the

University, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services to the University, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

19. 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 Governing Rules § 25.C 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 insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the University 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 University 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

University 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 $1,000,00 per occurrence, $3,000,000 aggregate

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

Asbestos Design, Inspection or Abatement $1,000,000per occurrence, $3,000,000 aggregate

Contractors

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/

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

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

21. 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, 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.

22. 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the University shall notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the University of its prompt payment obligations with respect to those charges which are not in dispute

(Governing Rules § 53).

2. To Subcontractors:

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

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

ii. 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 University, 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 University.

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 University encourages contractors and subcontractors to accept electronic and credit card payments.

23. PRECEDENCE OF TERMS: These General Terms and Conditions and the Commonwealth of Virginia

Purchasing Manual for Institutions of Higher Education and Their Vendors and Governing Rules 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 app

24. QUALIFICATIONS OF BIDDERS/OFFERORS: The University 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 offeror shall furnish to the University all such information and data for this purpose as may be requested. The

University 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 University further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the University 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.

25. 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 University’s excise tax exemption registration number is 10-

540701501F-001.

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.

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

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

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

VIII. SPECIAL TERMS & CONDITIONS

1. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material.

During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

2. AUDIT: The contractor shall retain all books, records, and other…