Department of Juvenile Justice

IFB# BPM093846

HVAC Preventative Maintenance

INVITATION FOR BIDS

(IFB)

Issue Date: September 18, 2026 Title: HVAC Maintenance and Repair

Commodity Code: 91036, 91450 Issuing Agency:

Using Agency And/or Location

IFB# BPM093846

Commonwealth of Virginia Department of Juvenile Justice 600 E. Main Street, 20th Floor Richmond, VA 23219

Where Work Will Be Performed: Department of Juvenile Justice Multiple DJJ Facilities

Period Of Contract: From November 19, 2026, Through November 18, 2027 with the option to renew for (4) four additional one year periods.

Sealed Bids Will Be Received Until: October 26, 2026, at 2:00PM

It is the Bidder’s responsibility to contact the Contracting Officer, Edwin Rodriguez, VCA in writing by e-mail, with questions regarding the solicitation no later than October 12, 2026 at 2:00PM. Verbal requests for information will not be accepted.

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

* Virginia Contractor License No. __________________ Class: __________ Specialty Codes: _______________

Name And Address Of Firm:

* DSBSD-certified Small Business No. ________________

_____________________________________________ Date: ________________________________________ _____________________________________________ By: ________________________________________ _____________________________________________ ( Signature In Ink) __________________________Zip Code:___________ Name: ________________________________________ eVA Vendor ID or DUNS #:______________________ (Please Print) Fax Number: (___) ____________________________ Title: _________________________________________ E-mail Address: _______________________________ Telephone Number: (___)_________________________

PREBID CONFERENCE:A (mandatory) Prebid conference will be held on September 30,2026 at the Bon Air location and October 05,2026 at the VPSCT location. (Reference: Section III herein). “NO ONE WILL BE ADMITTED AFTER 9:05 AM at Bon Air and 10:20AM at VPSTC)* If special ADA accommodations are needed, please contact Edwin Rodriguez at Edwin.Rodriguez@djj.virginia.gov the day prior of the scheduled events .

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, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Conditions 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.

mailto:Edwin.Rodriguez@djj.virginia.gov

TABLE OF CONTENTS

I. PURPOSE PAGE 3

II. SCOPE OF WORK PAGE 3

III. PRE-BID CONFERENCE PAGE 7

IV. SOLICITATION CLARIFICATIONS PAGE 8

V. IFB SUBMISSION INSTRUCTIONS PAGE 8

VI. GENERAL TERMS AND CONDITIONS PAGE 9

VII. SPECIAL TERMS AND CONDITIONS PAGE 17

VIII. SECURITY RULES AND REGULATIONS PAGE 21

IX. METHOD OF PAYMENT PAGE 21

X. ATTACHMENTS PAGE 22

I. PURPOSE:

The purpose of this Invitation for Bids (IFB) is to solicit sealed bids to establish an HVAC, (heating, ventilation, and air conditioning) preventive maintenance, and emergency repair contract with a qualified supplier to Virginia Department of Juvenile Justice (DJJ) facilities.

II. SCOPE OF WORK:

A. General Requirements

The Contractor shall provide preventive maintenance services for heating, ventilation and air conditioning related equipment and Electrical Bodine Ballast (including all necessary parts, labor, supervision, materials and equipment) and on-call repair services on all HVAC and Electrical (Bodine Ballast) equipment as specified on Attachment D.

a. The Contractor shall provide 24 hour, 7 days a week, repair service to all locations.

b. All equipment and components shall be inspected and serviced in accordance with equipment manufacturer’s specifications. A preventive maintenance plan shall be developed to ensure the proper operation and maintenance of the designated HVAC systems.

c. After market parts are not allowed unless approved in advance by facility representative.

d. Contractor shall provide all necessary equipment, materials, and labor to perform regular service tasks. Parts may be supplied by DJJ facilities.

e. Contractor shall provide all necessary equipment, materials, and labor to perform regular service tasks. To expedite service, each technician’s vehicle shall be stocked with the most frequently required parts, materials, and equipment

f. Contractor shall accept the HVAC systems and Electrical Bodine Ballast in their current condition and any repairs or replacement found on the initial service shall be the responsibility of the contractor.

g. All inspections and repair service shall be performed during the normal working hours of 8 A.M. to 5P.M., Monday through Friday, excluding state holidays.

h. Contractor personnel must be U.S. citizens. Each service technician shall possess a State of Virginia HVAC license (journeyman or higher) and be knowledgeable and properly trained in the operation, maintenance, and manufacturer specifications for the listed equipment. Service technicians shall maintain a neat and well groomed professional appearance while on DJJ property. Service Technicians uniforms shall be identifiable with company name.

i. Contractor shall identify the primary and secondary service technician that will be assigned to each DJJ facility.

j. Due to the nature of the Bon Air Complex, the contractor understand that their vehicles and their person are subject to searches; and indefinite wait times could occur as movement throughout the facilities are controlled.

The DJJ VPSTC are not subject to search and/or indefinite wait times.

k. Contractor shall perform quarterly scheduled Preventive Maintenance (PM) inspections for HVAC systems, BAS Controls and associated components on the attached equipment list (see Attachment D). The quarters are as follows: Q1 (Jan-Mar), Q2 (Apr-Jun), Q3 (Jul-Sep), and Q4 (Oct-Dec).

l. The Contractor shall furnish DJJ with a Non-Binding Not to-Exceed written estimate of the total cost to complete the work required for the Time and Materials section of the contract. Contractor shall provide a detailed estimate of Time and Materials spent within one (1) week after each visit to designated representative.

An estimate must include the labor categories, hourly rates as specified in the contract, the total number of estimated hours to complete the work, a list of materials, parts and supplies with quantities and cost.

m. All labor costs for scheduled maintenance, inspections, and services for each facility shall be inclusive and included as part of this contract.

n. In the event of a system failure, the Contractor shall have a competent mechanic on the premises within (4) hours after notification. The Contractor shall provide a telephone number where they can be reached at all times (24 hours a day, 7 days a week) to receive calls.

o. All repairs shall be performed on a time and materials basis.

p. Repairs authorized by the facility representative, which occur after normal work hours, shall be accomplished at the overtime rate. If regular time work must be carried over and the Contractor wishes to continue to work beyond normal hours of operations, authorization for overtime work must be obtained from the facility representative before proceeding.

B. Virginia Public Safety Training Center (VPSTC)

Program Outline (Air handlers, RTU's, HPU's, boilers, chillers, hot water heating loops & strainers, chilled water cooling loops & strainers including all hot, steam and chilled loop system valves, motors and actuators, Split Systems, VAV's, exhaust fans, economizers, all circulator pumps, oil furnaces, and refrigeration equipment including walk in boxes, reach in boxes and ice machines). All inclusive – All labor costs for scheduled maintenance, inspections and service shall be inclusive and included as part of this contract.

• Routine Operating Inspections - Provide four (4) operating inspections to check system performance, equipment operating and safety controls, and fluid levels to maximize efficiency and reliability.

• Coil Cleaning - A minimum of once per year, inspect and clean the condenser and evaporator coils.

• Filter Service - Replace air filters or media four (4) times per year. Filters may be provided by facility or by the awarded contractor per the identified parts discount.

• Belt Replacement - Replace, as needed, minimum once per year.

• Repair and Labor - repair or replace failed or worn components as needed to keep system in peak operating condition. Parts may be provided by DJJ facility: in the event, a part is required and not on hand, vendor shall supply needed materials and/ or parts at an identified discount.

a. Central Heating Equipment (Furnaces and Boilers) Annual Service Inspection - Vendor shall perform one extensive annual inspection to provide maintenance, and check equipment safety control, the following work is included:

1. Combustion Analysis and Adjustment - Vendor shall provide one (1) burner combustion analysis per year. Utilizing electronic flue gas analysis, vendor shall adjust the burner controls and linkages, as required, for efficiency and pollution control. If existing equipment does not meet current pollution requirements, vendor shall make recommendation(s) for system improvements. At a minimum, replace all filters, nozzles and electrodes for each vessel and burner.

2. Waterside Cleaning - Annually, flush the waterside section of the boilers to remove loose scale and debris. Make recommendation(s) regarding water treatment.

3. Fireside Cleaning - Annually open and brush clean the fireside section to remove soot and debris.

b. Cooling Equipment (to include Chillers)

Annual Service Inspection - Vendor shall perform one extensive annual inspection to provide maintenance and check equipment safety controls, the following work is included:

1. Refrigerant Containment Services - Vendor shall leak test all equipment containing refrigerant and report necessary repairs. Recover, recycle and reclaim refrigerants, as appropriate, to reduce cost of replacement refrigerant. Keep Correctional Facility informed regarding refrigerant issues and opportunities. Make refrigerant retrofit recommendations based on equipment age and business objectives of facility.

2. Refrigerant Oil Analysis - Vendor shall provide one (1) spectrochemical refrigerant oil analysis per year to trend oil condition and provide predictive wear analysis. Based on oil analysis results, vendor shall recommend when oil changes should be performed.

3. Used Refrigerant & Refrigerant Oil Service - Vendor shall provide for the disposal of refrigerant oil removed from equipment.

4. Condensers & Evaporators - A minimum of once per year, inspect and clean.

c. VAV's Routine Operation Inspections - Vendor shall provide four (4) operating inspections to check system performance, equipment operating and safety controls to maximize efficiency and reliability.

d. Centrifugal Pumps Routine Operating Inspections - Vendor shall provide four (4) Operating inspections to check system performance, equipment operating and safety controls, and change filters to maximize efficiency and reliability.

e. Economizer Routine Operating Inspections - Vendor shall provide four (4) inspections to check system performance, equipment operating and safety controls, and change filters to maximize efficiency and reliability.

f. Control Systems Routine Operating Inspections - Vendor shall provide four (4) operating inspections to check system performance, equipment operating and safety controls including duct smoke detector/devises. Repair or replace failed or worn components as needed to keep system in peak operating condition. Parts may be provided by facility: in the event, a part is required and not on hand, vendor shall supply needed materials and/or parts at an identified discount.

C. Bon Air Complex (Bon Air, RDC)

Program Outline (Air handlers, RTU’s, HPU’s, boilers, chillers, hot water heating loops & strainers, chilled water cooling loops & strainers including all hot, steam and chilled loop system valves, motors and actuators, Split Systems, VAV’s, exhaust fans, economizers, all circulator pumps, oil furnaces, Refrigeration Equipment including walk in boxes, reach in box’s and Ice machines).

• Routine Operating Inspections – Provide four (4) operating inspections to check system performance, equipment operating and safety controls, and fluid levels to maximize efficiency and reliability.

• Coil Cleaning- A minimum of once per year, inspect and clean the condenser and evaporator coils.

• Filter Service- Replace air filters or media four (4) times per year. Filters may be provided by facility or by the awarded vendor per the identified parts discount.

• Belt Replacement- Replace, as needed, minimum once per year.

• Repair and Labor- repair or replace failed or worn components as needed to keep system in peak operating condition. Parts may be provided by DJJ facility: in the event, a part is required and not on hand, vendor shall supply needed materials and/ or parts at an identified discount.

• All Inclusive- All labor costs for scheduled maintenance, inspections and service shall be inclusive and included as part of this contract.

a. Central Heating Equipment (Broilers) Annual Service Inspection. Vendor shall perform one (1) extensive annual inspection to provide maintenance, and check equipment safety control, the following work is included:

1. Combustion Analysis and Adjustment - Vendor shall provide one (1) burner combustion analysis per year. Utilizing electronic flue gas analysis, vendor shall adjust the burner controls and linkages, as required, for efficiency and pollution control. If existing equipment does not meet current pollution requirement, vendor shall make recommendations for system improvements.

2. Waterside Cleaning -Annually, flush the waterside section of the boilers to remove loose scales and debris. Make recommendations regarding water treatment.

3. Fireside Cleaning - Annually, open and brush clean the fireside section to remove soot and debris.

4. Repair and Labor - Repair or replace failed or worn components as needed to keep system in peak operating condition. Parts may be provided by DJJ facility; in the event a part is required and not on hand, vendor shall supply needed materials and/or parts at an identified discount.

b. Central Cooling Equipment (Chillers) Annual Service Inspection- Vendor shall perform one (1) extensive annual inspection to provide maintenance and check equipment safety controls. In addition, the following work shall be performed:

l. Refrigerant Containment Services - Vendor shall leak test all equipment containing refrigerant and report necessary repairs. Recover, recycle and reclaim refrigerants, as appropriate, to reduce cost of replacement refrigerant. Keep Correctional Facility informed regarding refrigerant issues and opportunities. Make refrigerant retrofit recommendations based on equipment age and business objectives of facility.

2. Refrigerant Oil Analysis- Provide one (1) spectrochemical refrigerant oil analysis per year on a 110 ton Trane Chiller, located in the Yvonne B. Miller building, to trend oil condition and provide predictive wear analysis. Based on oil analysis results, make recommendations as to when oil changes should be performed.

3. Used Refrigerant Oil Service- Provide for the disposal of refrigerant oil removed from equipment.

4. Routine Operation Inspections- Vendor shall provide four (4) operating inspections to check system performance, equipment safety controls, and fluid levels to maximize system efficiency and reliability.

5. Repair and Labor- Repair or replace failed or worn components as needed to keep system in peak operation condition. Parts may be provided by DJJ facility; in the event a part is required and not on hand, vendor shall supply needed materials and/or parts at an identified discount.

6. All Inclusive- labor costs for scheduled maintenance, inspections and service shall be inclusive and included as part of the contract.

7. Coil Cleaning - A minimum of once per year, inspect and clean the condenser and evaporator coils.

c. Hot Water Heaters Annual Service Inspection - Awarded vendor shall perform one (1) extensive annual inspection to provide maintenance and check equipment safety controls; to include:

1. Combustion Analysis and adjustment - provide one burner combustion analysis per year. Utilizing electronic flue gas analysis, vendor shall adjust burner controls and linkages, as required, for efficiency and maintain proper water temperature for efficiency and pollution control. If existing equipment does not meet current state, local, and federal pollution requirements, vendor shall make recommendations for system improvements.

2. Fireside Cleaning - Annually open and brush clean the fireside section to remove soot and debris, to include the tubes.

3. Repair and Labor - Repair or replace failed or worn components, as needed, to keep system in peak operating condition. Parts may be provided by facility. In the event a part is required and not available, vendor shall supply needed parts/materials at the identified discount.

d. Walk-in Refrigerators and Freezers Semi-Annual Inspection – Not limited to: Clean coils, check voltage/amp draw, inspect for unusual wear and tear, and an operation inspection for optimal unit efficiency.

e. Control Systems Routine Operating Inspections - Vendor shall provide four (4) operating inspections to check system performance, equipment operating and safety controls, including duct smoke detector/devices. Repair or replace failed or worn components as needed to keep system in peak operating condition. Parts may be provided by DJJ facility; in the event a part is required and not on hand, vendor shall supply needed materials and/or parts at an identified discount.

III. PREBID CONFERENCE:

A mandatory Pre-bid/Site Visit Conference will be held ( See table below). 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.

Due to the importance of all bidders having a clear understanding of the specifications and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid/proposal. Bids will only be accepted from those bidders who are represented at this Prebid conference. Bring a copy of the solicitation with you . Any changes resulting from this conference will be issued in a written addendum.

Contractors attending the Prebid Conference must e-mail the day prior by 4:00 PM for each scheduled site visit to Edwin Rodriguez at edwin.rodriguez@djj.virginia.gov, in order to gain entry into the Bon Air Juvenile Correctional Center:

1. Name of Attendess

2. Email

3. Phone

4. Copy of Drivers License

5. PREA Forms (Attachment E) mailto:edwin.rodriguez@djj.virginia.gov

Event Address Date Time

Bon Air Complex – Site Visit 1900 Chatworth Avenue, Richmond, VA 23235

September 30, 2026 9:00 AM – 10:00 AM

*No one will be admitted after 9:05 AM*

Virginia Public Safety Training Center – Site Visit

7903 Broad Neck Road, Hanover, Virginia 23069

October 05, 2026 10:15 AM – 12:00 PM

*No one will be admitted after 10:20 AM*

IV. SOLICITATION CLARIFICATIONS:

Questions regarding the solicitation must be submitted in writing only to Edwin Rodriguez via e-mail at edwin.rodriguez@djj.virginia.gov no later than 2:00PM on 10/12/2026. Bidder should identify the email by noting the solicitation number “BPM093846” in the subject line. Responses to clarifications may be posted in eVA’s Virginia Business Opportunities (VBO). The identity of Bidder’s will not be published with the response. Formal changes to the solicitation, including but not limited to, contractual terms and procurement requirements will only be changed by formal written addendum to the solicitation. There shall be no communication of any type on any aspect of this solicitation, written or otherwise, by any prospective Bidder, including any sub-bidder, Bidder’s agent or other type of Bidder representative, with any employee or agency of the Commonwealth of Virginia, with the exception of the Contracting Officer noted in the solicitation, unless a Bidder is instructed otherwise by the Contracting Officer. Failure to comply with this requirement may disqualify a Bidder from participation in this opportunity. As used in this IFB, the terms “must”, “shall”, “should” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the bid. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary.

V. IFB SUBMISSION INSTRUCTIONS:

IFB #BPM093846 is an invitation for an electronic sealed bid; therefore, bids submitted outside of the eVA system, such as via e-mail, mail, or fax WILL NOT be accepted. Electronic sealed bids will be received until the closing date and time provided in the solicitation. Any bid received after the closing date and time specified in the solicitation will not be considered and will be date and time stamped, marked “late” and retained unopened in the procurement file.

Prior to the due date, Bidders should:

• Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) for any updates, changes, amendments, cancellations, etc.;

• Check the “Reminders” section in VBO for all attachments and documents to be completed and submitted; and

• Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Bidder’s electronic submission.

Bidders are solely responsible for reviewing, complying, and returning a complete and responsive bid.

Failure to submit any of the required information may result in the bid being declared non-responsive.

Changes to the solicitation’s forms or formats are prohibited except where clearly instructed and permitted.

Bid Submission: Electronic bid submission with required documents attached is required. Bidder must be registered in eVA in order to submit an electronic bid. Bidders must submit one (1) complete copy of the bid and attachments.

The following are instructions for submitting an electronic bid:

a. Go to www.eva.virginia.gov;

b. Click on “I Sell To Virginia”;

c. Click on “eVA Supplier Training”; and

d. Click on “Respond to IFBs - RFPs and more”.

If a Bidder need assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866- 289-7367 or email eVACustomerCare@dgs.virginia.gov.

VI. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell to Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their Bids bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, 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.

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

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

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

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

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

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

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

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

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

1. Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

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

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2- 4363).

2. To Subcontractors:

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

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

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

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

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

3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE

LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING,

IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST,

MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

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

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

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the

2. 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.

3. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized.

A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth, 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 Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73- 0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) 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.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all 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 Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

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

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

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

U. 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.

V. NONDISCRIMINATION OF CONTRACTORS:

A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the 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.

W. 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. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

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

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.

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

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

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders 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.

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

W. 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…