Fire Door and Protective Opening Contract 2026 Draft V2.docx

INVITATION FOR BIDS

IFB# 218:27-003

Staunton, VA 24402-2069 Location: East Beverley Street Staunton, VA. 24401 Period of Contract: From Date of Award through One Year with 4 (four) 1-year renewal options.

Sealed bids will be received until 1:00 PM September 28, 2026 for furnishing the service described herein and then opened in public 1:00 PM, September 29, 2026.

All inquiries for information regarding this Request for Bids should be directed to:

In compliance with this Invitation For Bids and to all the conditions imposed herein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed bid or as mutually agreed upon by subsequent negotiation.

State Corporation Commission ID Number _______________________ (See Special Terms and Conditions)

Signature Name:

(Typed or Printed Name and Title) Phone #:

FEI/FIN #: Fax #:

Minority Vendor: Yes No DMBE #

Pre-bid Conference -OPTIONAL: An optional pre-bid conference will be held at 10:00 am September 10, 2026 at the Virginia School for the Deaf and the Blind’s Healy Hall. The purpose of this conference is to allow potential Bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, 11-35.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

TABLE OF CONTENTS

PAGE

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK

IV. RESERVED

V. GENERAL TERMS AND CONDITIONS

VI. SPECIAL TERMS AND CONDITIONS

VII. METHOD OF PAYMENT …………

VIII. PRICING SCHEDULE

XI. CONTRACTOR DATA SHEET

ATTACHMENT A FIRE DOOR/DAMPER/SHUTTER SYSTEMS

ATTACHMENT B SCHOOL CALENDAR

ATTACHMENT C STATE CORPORATION COMMISSION FORM ….. 36

I. PURPOSE

The purpose and intent of this Invitation for Bids (IFB) is to solicit sealed bids to establish a contract with one (1) qualified firm to provide Inspection, Maintenance, and Repair of the Fire Doors, Fire Dampers and Fire Window Shutter Systems, also known as protected openings, for The Virginia School for the Deaf and the Blind, agency of the Commonwealth of Virginia. For the purpose of the IFB, Virginia School for the Deaf and the Blind will be referred to as VSDB.

The categories of inspection, maintenance, and repair for fire doors, fire dampers, and fire window shutter systems is described herein.

II. BACKGROUND

VSDB endeavors to procure the services of a qualified Contractor to provide for the inspection, maintenance, and repair of existing fire doors, fire dampers, and fire window shutter systems on the campus in Staunton, Virginia. This would include the need for the Contractor to be able to provide emergency services as well as the ability to provide any fire door parts, fire damper parts, or fire window shutter parts (not under current warranty/guarantee) as necessary to maintain the various fire door, fire damper, and fire window shutter systems owned by VSDB on campus.

III. SCOPE OF WORK

A. VSDB requires the services of a contractor that has demonstrated the following:

1. Experience in performing inspections, tests, and repairs of a similar scope as described herein.

2. Experience in performing similar services on equipment of the age, type, and condition as described herein.

3. A thorough understanding of the current statewide Fire Prevention Code of Commonwealth of Virginia, BOCA, and NFPA codes.

4. An extensive knowledge of all applicable code-related certification and reporting requirements for all work described herein.

5. Qualifications in inspection, testing, and repair of the fire protection systems to be inspected, tested, maintained, and repaired under this contract.

B. Contractor’s Personnel The Contractor’s technicians (minimum of 5 years experience) must be properly trained and qualified to perform required inspections, testing, repair, certification, and installation services on the type of fire protection systems included in this solicitation. Must have a thorough knowledge of the system equipment and the ability to efficiently use tools, equipment and materials of the fire door/damper/shutter system technician trade. Must be able to supervise one or more assistants. The contractor shall be registered in accordance with Section VIII Contractor License Requirements.

C. Services Required

1. The scope of Inspection, Maintain, and Repair of the Fire Doors, Fire Dampers & Shutter systems includes all equipment inspection, testing, certifications, routine maintenance and repair services required by the applicable fire prevention codes on two separate and distinct categories of service as follows:

a. Inspection, test, certification as required, and routine maintenance as specified in the currently adopted edition of NFPA 80, Standard for Fire Doors and Other Opening Protectives, to include fire doors, fire shutters, and fire window shutters owned by the school. Services are to include routine visual/ physical annual, 4-year inspections and testing requirements by the code.

b. Repair – Quote required for all repairs with exception to emergency repairs.

2. The Contractor provides all incidentals required and/or implied for the complete and satisfactory performance of the Inspection, Test, Certification, Maintenance, and Repair of the fire doors/opening protective systems. VSDB reserves the right to reject services from any personnel deemed by VSDB to be unqualified, disorderly, or otherwise unable to perform assigned work. The Contractor provides and keeps up to date list of all personnel performing work under this contract with written evidence of the personnel’s qualifications submitted within ten (10) days in advance of commencement of service.

3. Inspection, test, maintain, and repair of fire protection systems to be provided on a regularly scheduled basis and performed in strict accordance with all applicable fire prevention codes, regulations, and standards. Any need for repairs discovered during inspection and testing that cannot be completed during the inspection visit must be reported to the VSDB representative and scheduled by the Contractor for follow-up service. All minor repairs and code required maintenance should be completed at time of inspection, i.e. fusible links, seals, lubrication, adjustments, calibration etc.

4. Repair services to be provided on an as needed basis and performed in strict accordance with all applicable fire prevention codes, regulations, and standards. Labor for repairs is to be included in the lump sum contract price. Replacement materials, parts and equipment required in the performance of the repair services may be provided by the Contractor (at the owner discretion), but only on the basis of discount off a published price list. VSDB will retain all parts replaced by the Contractor. Repairs made by the Contractor must not void the United Laboratories, Inc (U.L.) or other third party laboratory listing and shall be new parts and not remanufactured parts.

5. Normal work hours for the Agency are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays. Testing that requires the fire alarms to sound shall be scheduled when students are not occupying the facilities. Dormitory buildings will only be available between 8:00 am and 3:00 p.m.

6. VSDB reserves the right to bid separately any repairs, modifications, and equipment replacement.

7. Labor for repairs from vandalism and acts of God may be billed at the rate per pricing schedule. All other labor charges are to be included in the lump sum annual cost.

8. Rapid response to emergency repair calls is of the utmost importance. The Contractor needs to have qualified service personnel on the job at the work site within three (3) hours from the time of the call for emergency repair service is received by the Contractor. This service shall be available twenty-four hours a day, three hundred sixty-five (365) days a year.

9. For work outside the service agreement, the Contractor must provide a written estimate of the cost of repair service to VSDB and receive prior written authorization to proceed. Equipment repair service performed by the Contractor without such prior written authorization may not be processed for payment. Equipment repairs performed by the Contractor as a result of an emergency repair call will not require prior written estimates or written authorization.

D. Fire Protection Systems Inventory

1. An inventory of the fire protection systems is included as Attachment A to this solicitation.

2. All information included in the inventory provided as attachments to this solicitation is based on the best information available to VSDB at the time of this solicitation. VSDB does not guarantee the accuracy of this information. The Contractor shall verify and update the fire sprinkler system equipment inventory as part of the service requirements of this contract.

E. Reports

1. A written report shall be submitted to VSDB upon completion of, any inspection, test or repair work, by the next business day. The report shall include the following information:

a. Company Name; Technician’s Name(s); Time and date of Inspection or Repair work.

b. Identification of system serviced or repaired and location; checklist of examinations made and work performed; type of materials and parts used.

c. Certification that work was performed in accordance with specifications, signed by the Technician.

d. Needed repairs work, problems, failures and malfunctions discovered during inspection or testing.

e. Recommendations for extra inspection and testing if required by applicable codes.

F. Records A file kept and maintained on the fire door and opening protectives to contain accurate records of all inspections and repairs, including, parts used, and modifications and changes made. A copy of these records is to be available on site at the VSDB Public Safety Office.

G. Quality Control Program A quality control program established by the Contractor to identify and correct deficiencies in the quality of services performed by Contractor before the level of service becomes unacceptable. Contractor shall inspect the work being performed to insure a sufficient level of service.

H. Invoices Unless otherwise specified in a Purchase Order or a Contract Modification Agreement, invoices for routine testing and inspection shall be submitted by Contractor quarterly to the following email address: ap@vsdbs.virginia.gov or by U.S. Mail at the address below:

Attn: Accounts Payable The Virginia School for the Deaf and the Blind P.O. Box 2069 Staunton, Virginia 24402-2069

All invoices shall show the contract number, purchase order number, and work order number. Invoices for work not covered by the lump sum portion of this contract shall be invoiced at the completion of the service and shall also include labor and material breakdown which reflects contract rates and discounts. Item description and part number shall be included for each type material.

I. Time Paid (for authorized work outside the lump sum contract)

Time paid for hourly rate personnel starts upon arrival and sign-in at the VSDB Public Safety Office and ends upon sign-out, not including travel time, lunch breaks, or other non-work related breaks.

J. Scheduling of Tests The Contractor shall schedule tests of audible devices, and other tests which may cause disruption of activities on campus during school breaks. Tests which are not expected to cause disruption of campus activity may be performed during normal work hours. The Contractor coordinates all tests with the Public Safety Department.

K. Check-In and Out Procedures During the School’s normal working hours, the Contractor personnel shall check in with the designated Public Safety Department representative immediately upon arrival to the school. Contractor personnel will sign in and pick up any access cards/keys they will need for access. Additionally, Contractor personnel may be asked to check in and out with a specific building contact person. Contractor personnel MUST ALWAYS contact campus security personnel prior to beginning and upon completion of an inspection, test or repair at each building. Fire alarms are monitored by security and a second party.

L. Scheduling of Repairs The Contractor schedules repair work with the designated School representative. Contractor personnel reports to VSDB within one hour of original appointment time.

IV. RESERVED

V. 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 procedure for filing contractual claims is in section 7.19 of the Vendors Manual. 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.) A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” 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 courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/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 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 these requirements.

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: 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.

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).

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 the date of offset 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: 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.

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: By mutual agreement between the parties in writing; or

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. 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 coverage 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 REQUIRED FOR MOST CONTRACTS:

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 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.)

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/

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

S. 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.

T. 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.

U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS AND ORDERS: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/propor 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) DMBE-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DMBE-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 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.

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, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order

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

W. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside 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.

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

Y. 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.

z. 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.

AA. 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.

BB. 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.

VI. SPECIAL TERMS AND CONDITIONS

A. 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.

B. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified.

Contractor Name:_________________________________

License # ___________________Type ________________

Subcontractor Name:_______________________________

License # ___________________Type ________________

C. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous Substances” as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in § 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.

D. SAFETY DATA SHEETS: Safety Data Sheets and descriptive literature shall be provided with the bid/proposal for each chemical and/or compound offered. Failure on the part of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as nonresponsive.

E. 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.

F. CONFIDENTIAL INFORMATION: During the term of this Agreement, and thereafter, each party shall, except as may be required by law, respect the confidentially of all data, information, and other such matters disclosed and entrusted to him/her by the other party. At the conclusion of the term of this Agreement, or upon termination thereof, each party shall return to the party, all such confidential matter in their possession belonging to the other party, and further, agrees not to use any such information.

G. INDEPENDENT CONTRACTOR: Both parties hereto recognize that the Contract, while engaged in carrying out and complying with any of the terms and conditions of this agreement, is an independent contractor and is not an officer, agent, or employer of the Department. As an independent contractor, the contractor retains the right to exercise full control and supervision over its employees, their compensation and discharge, and agrees to be solely responsible for all matters relating to payment of its employees including compliance with social security withholding and all other regulations governing such matters and will accrue no benefits from the Department of Education. The Contractor agrees to be responsible for it sown acts and those of its subordinates, employees, and subcontractors during the life of this agreement.

H. COMPLIANCE WITH PROCEDURES: Contractor shall comply with all procedural instructions that may be issued from time to time by the agency. However, the terms and conditions of the contract will not change.

I. PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

J. AWARD OF CONTRACT: The Commonwealth will make the award on basis 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.

K. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (45) days. At the end of the (45) days the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

L. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

M. 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…