IFB 116698_ Cedar Bluff Janitorial Services.pdf

INVITATION FOR BIDS

(IFB)

Small Business Set Aside for Award Priority

Issue Date: March 31, 2026 IFB# 116698

Title: Cedar Bluff Janitorial Services

Commodity Code: 91039

Issuing Agency: Commonwealth of Virginia

Virgina Works Using Agency And/Or Location Where Work Will Be Performed: 761 Claypool Hill Mall Road Cedar Bluff, VA 24609

Period Of Contract: From: May 11, 2026 through May 10, 2026 (Renewable).

Sealed Bids Will Be Received Until: April 28, 2026, 10:00AM EDT.

For Furnishing The Services Described Herein And Then Opened by a Virtual Bid Opening: April 28, 2026 at 1:00 PM EDT.

Refer to Section V- Bidder’s Instructions and Public Bid Opening.

All Inquiries for Information Should be Directed to the Princess Banks at princess.banks@virginiaworks.gov with a subject line of: “IFB# 116698 Question”. The last date to submit questions for this IFB will be April 17, 2026, 10:00 AM EDT. Answers will be posted to eVA through an Addendum.

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

* DSBSD-certified Small Business No. ________________

Name And Address Of Firm:

_____________________________________________ Date: ________________________________________ _____________________________________________ By: ________________________________________ _____________________________________________ (Signature In Ink) __________________________Zip Code:___________ Name: ________________________________________ eVA Vendor ID:______________________ (Please Print) Fax Number: (___) ____________________________ Title: ________________________________________ E-mail Address:_____ Telephone Number: (___)________________________

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

mailto:princess.banks@virginiaworks.gov

TABLE OF CONTENTS

PAGE

I. PURPOSE

II. SCOPE OF WORK

III. SITE VISIT

IV. METHOD OF PAYMENT AND INVOICING

V. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING

VI. PRICING SCHEDULE

VII. GENERAL TERMS AND CONDITIONS

VIII. SPECIAL TERMS AND CONDITIONS

IX. ATTACHMENTS

I. PURPOSE: Virginia Works seeks to establish a firm fixed price contract with one qualified vendor capable of providing comprehensive janitorial services at the Cedar Bluff office located at 761 Claypool Hill Mall Rd., Cedar Bluff, VA 24609.

II. SCOPE OF WORK:

The contractor shall provide all labor, supervision, transportation, equipment, materials, cleaning products and supplies necessary to perform comprehensive janitorial services for approximately 5,335 square feet of office space. Services shall be performed in accordance with the frequencies and standards herein to ensure a clean, sanitary, and professional environment. Virginia Works shall provide a closet for the supplies.

A. General Requirements:

1. All cleaning shall be performed using industry’s best practices and EPA-approved cleaning and disinfecting products.

2. Work shall be performed in a manner that does not disrupt normal operations.

3. Safety Data Sheets (SDS) must be available upon request for all cleaning products used.

4. The Contractor shall provide a copy of this Scope of Work to all personnel assigned to provide the services to assure quality performance.

5. The Contractor shall assign custodial workers who are in relatively close geographic proximity to the contracted facility to effectively service the facility each night

6. The contractor shall provide enough qualified employees to perform the work described.

Employee absences shall not relieve the contractor from its obligation to meet the contract requirements; should absences occur, the contractor shall take necessary steps to compensate for the labor shortfall (i.e.: approved alternate employees). The Agency will not pay for overtime.

7. The Contractor or their designee should meet with Virginia Work’s Contract Administrator quarterly or an agreed upon basis to discuss contract performance, compliance issues and any recommendations.

8. Any change to the scheduled days and dates shown in the Pricing Schedule-Attachment A shall be subject to approval by Virginia Work’s Contract Administrator. The contractor should not need to be prompted or reminded about any of the tasks to be performed, or the pre-determined schedule.

B. Service Schedule/Requirements:

1. Daily Services (Five Times Per Week – Monday through Friday)

• Spot clean all carpeted areas, as needed (excluding staple removal).

• Sweep and damp mop all hard-surface floors; remove stains, spills, and scuff marks; rinse and apply disinfectant.

• Empty all trash receptacles and remove waste to the designated dumpster.

• Replace liners in all trash receptacles as needed.

• Clean and disinfect restroom sinks, toilets (inside and out), and fixtures.

• Clean mirrors, dispensers, partitions, and restroom surfaces.

• Refill soap, paper towels, and toilet tissue to ensure full capacity daily.

• Clean all lobby glass, entry doors, and high-touch surfaces (light switches, handles, etc.).

• Disinfect high-touch areas throughout the facility.

• Clean kitchenette surfaces including sinks, countertops, tables, and chairs.

• Sweep/blow debris from entry sidewalks and ramps.

• Empty and maintain cigarette receptacles, including sand replacement as needed.

2. Routine Services (Three Times Per Week – Monday, Wednesday, Friday)

• Vacuum all carpeted areas and rugs.

• Dust and polish horizontal surfaces (desks, tables, shelves, file cabinets, etc.), avoiding disturbance of work materials.

• Remove cobwebs from all interior and accessible exterior areas.

3. Monthly Services (Once Per Month)

• Spot clean walls for stains, marks, and smudges.

• Clean and disinfect trash receptacles.

• Sweep and mop storage rooms and IT closets.

• Dust and clean ceiling air vents.

• Dust high surfaces including cubicles and filing cabinets.

• Clean baseboards, corners, chair rails, windowsills, and similar surfaces.

4. Semi-Annual Services (Twice Per Year)

• Strip, rinse, seal, and refinish all applicable tile flooring.

o Contractor must notify the Contract Administrator at least 14 calendar days in advance of scheduled service, unless otherwise approved by the Contract Administrator.

• Clean and disinfect restroom walls from ceiling to floor.

• Dust and clean all window blinds.

• The specific dates and times for all semi-annual services shall be coordinated and mutually agreed upon by the Contract Administrator and the Contractor at least fourteen (14) calendar days in advance, unless otherwise approved by the Contract Administrator.

5. Quarterly Services (January, April, July, October)

• Clean all interior and exterior windows thoroughly.

• The specific dates and times for window cleaning services shall be coordinated and mutually agreed upon by the Contract Administrator and the Contractor for each quarter at least fourteen

(14) calendar days in advance, unless otherwise approved by the Contract Administrator.

6. Annual Services (Once Per Year)

• Shampoo and deep clean all carpets and rugs throughout the facility.

• The specific date and time carpet cleaning services shall be coordinated and mutually agreed upon by the Contract Administrator and the Contractor at least fourteen (14) days in advance, unless otherwise approved by the Contract Administrator.

7. Quality Assurance & Inspections

• Contractor shall respond to service complaints within a time frame specified by the Agency (typically within 24 hours).

• The Contractor shall ensure all services are performed in accordance with the requirements and performance standards of this contract.

• The Contractor shall provide adequate supervision of personnel and promptly correct any identified deficiencies.

• The Contract Administrator or designee reserves the right to inspect the Contractor’s work, materials, supplies, equipment, and overall performance at any time, with or without prior notice.

The Contractor shall ensure all materials, supplies, and equipment are available for Virginia Works inspection and approval, maintained in sufficient quantities to prevent shortages and forecast inventory needs.

• Inspections may be performed daily, periodically, or as deemed necessary to verify compliance with contract requirements.

• If deficiencies are identified, the Contractor shall take immediate corrective action at no additional cost to the agency.

• Repeated or unresolved deficiencies may result in the issuance of written notices, requirement of a corrective action plan, or other remedies as outlined in the contract.

• The Contractor shall cooperate fully during all inspections and provide access to all work areas, supplies, and related documentation upon request.

• Provide electronic Safety Data Sheets (SDS) and product literature for all chemicals/materials used on-site within 30 days of contract award; review and update annually to ensure regulatory compliance.

• Contractor shall not use products, supplies, or equipment that may damage surfaces; Contractor is fully responsible for any resulting damage to surfaces, equipment, or furniture.

• Maintain all tools and equipment in good working order and comply with OSHA standards.

C. Conduct of Employees:

1. The Contractor shall ensure employees always act professionally. Employees shall not be disruptive, disturb materials on or around desks, use state equipment without authorization, or fraternize with Virginia Works staff.

2. Virginia Works reserves the right to request the removal of any of the contractor's employees from the building at any time. Such requests will be made to the contractor’s supervisory personnel.

3. Contractor shall not allow its employees to bring family, friends, and/or pets on the property at any time.

4. Contractor’s employees shall not be in possession of guns, knives, and other weapons while working on the property including the parking lot.

5. Virgina Works shall not supervise contractor personnel. Any issues observed will be reported to the contractor’s supervisor for immediate correction. If not addressed, Virginia Works may request removal of the employee from State property. All incidents of misconduct will be reported in writing to the Contract Administrator within 24 hours.

Grounds for removal include, but are not limited to:

• Being in unauthorized areas

• Using VW phones or computer equipment without permission

• Making unauthorized long-distance calls

• Sitting on office furniture

• Using office equipment or supplies

• Opening or reviewing drawers, cabinets, or documents

• Engaging in loud, disruptive, or unprofessional behavior

• Consuming food or beverages outside designated areas

D. Building Access and Security: The contractor shall comply with all of Virginia Works requirements for security and operational constraints of its buildings. Violation of any security-related requirements will be grounds for immediate termination of the contract for default.

1. The contractor shall immediately notify the Contract Administrator if a security breach is discovered.

2. Virginia Works offices are secured through keys.

a.) Keys: The contractor will be provided with 2 sets of keys to the building: one set for the cleaning crew, and one additional set for management/supervisory staff.

• The contractor shall not duplicate the keys under any circumstances.

• The contractor shall immediately notify the Contract Administrator upon discovery that keys to the building have been lost or misplaced.

E. Additional Services & Special Cleanings:

1. Additional Services- Any additional services not included in the monthly price must be approved by Virginia Works Contract Administrator or designee in advance. Prior to providing any additional service, the Contractor shall provide a quote to Virginia Works for approval.

Additional services will be authorized by a separate purchase order. DO NOT include these services in the monthly price.

2. Special Cleanings: When directed by the Virginia Works Contract Administrator or designee

(either verbally or in writing) the Contractor shall deep clean any area required for a special occasion or because of an emergency, mishap, or similar condition. The Contractor shall bill Virginia Works on a separate invoice for Special Cleaning services.

F. Inclement Weather:

The Contractor shall make every reasonable effort to provide custodial services when State employees are excused early because of snow or other hazardous driving conditions. However, in the event custodial services cannot be provided, the Contractor shall deduct a pro-rated amount from the monthly invoice, based on the cost per month, divided by the number of working days in that month, for each day the service is not completed.

G. Performance Standards:

• All services shall be performed to a professional standard consistent with commercial janitorial best practices.

• Areas shall be maintained in a clean, sanitary, and orderly conditions always.

• Deficiencies identified by the Contract Administrator must be corrected promptly

• Dusting: Surfaces free of dust, dirt, streaks, lint, and cobwebs.

• Restrooms/Fixtures: Sinks, toilets, and dispensers clean, disinfected, and free of stains, deposits, and odor.

• Floors (Sweep/Vacuum/Mop): Floors free of dirt, dust, debris, stains, streaks, and standing water.

• Spot Cleaning: Surfaces free of stains, marks, and residue.

• Glass & Mirrors: Clean, streak-free, and free of film and smudges.

• High-Touch Surfaces: Disinfected and free of soil and residue.

• Trash/Receptacles: Emptied, clean, and odor-free.

• Periodic Cleaning (e.g., carpets, tile, vents): Deep cleaned to remove embedded dirt, stains, dust, and buildup, leaving a uniform, clean appearance.

H. Frequency of Services:

1. Janitorial services shall be provided Monday through Friday between the hours of 5:00 PM through

10:00 PM. Service will not be required on Commonwealth of Virginia State holidays, and any other days deemed a State holiday by the Governor (see the Department of Human Resource Management calendar at: pay and holiday calendar. When a holiday or holidays occur during the month, the Contractor shall deduct a pro-rated amount from the monthly invoice, based on the cost per month, divided by the number of working days in that month, for each day the service is not provided. If the Contractor cannot make the regularly scheduled days, the Contractor shall contact Virginia Work’s Contract Administrator or designee to advise of the change of schedule.

I. Definitions:

1. Cleaning: Virginia Works buildings shall be maintained in a manner that ensures a clean appearance. For the purposes of this contract “clean” is defined as the absence of:

Cloudy film Fingerprints Mildew/Mold Smudges Cobwebs Graffiti Odors Spillage Coffee Grounds Grease Oil Spots Debris Grime Paper Stains Dirt Gum Residue Tape Discarded materials Ink Rust Tar Dust Litter Scale Trash Encrustation Marks Scum Watermarks Or any other extraneous matter on any surface or object that affects a lustrous finish or the overall appearance of cleanliness (as applicable).

2. All Purpose Cleaner: An all-purpose cleaner is a cleaning agent, or cleaning formula, usually a liquid, used to remove dirt, grime, and stains from surfaces. Use of an all-purpose cleaner is satisfactory for all areas shown to be cleaned in the cleaning schedule.

3. Disinfectant: Use of an EPA approved disinfectant for proper sanitation to kill the COVID-19 virus is required. See EPA.gov

J. Contractor-Furnished Supplies and Equipment: The Contractor shall be solely responsible for providing all cleaning supplies, materials, equipment, tools, and consumables necessary to perform the services required under this contract. All such items shall be maintained on-site in sufficient quantities at all times to ensure uninterrupted performance of services.

Virginia Works will not provide any supplies, materials, equipment, or consumables under this contract. The agency will only provide designated storage space for the Contractor’s use.

All supplies and materials furnished by the Contractor shall be subject to inspection and approval by the Contract Administrator to ensure they meet contract requirements. The cost of all supplies, materials, and equipment shall be included in the Contractor’s bid price.

III. SITE VISIT: An optional site visit will be held on April 10, 2026, from 2:00PM to 4:00 PM EDT at the

Cedar Bluff office, 761 Claypool Hill Mall Rd., Cedar Bluff, VA 24609, and will be hosted by the Contract Administrator (Glenda Carter). Bidders are encouraged to attend the site visit to familiarize themselves with existing conditions and requirements prior to submitting a bid.

https://www.dhrm.virginia.gov/payandholidaycalendar https://www.epa.gov/coronavirus-and-disinfectants/disinfectant-use-and-coronavirus-covid-19

All solicitation-related questions, including those resulting from the site visit, must be submitted in writing to princess.banks@virginiaworks.gov no later than April 17, 2026, at 10:00 AM EDT. Responses to questions will be provided in writing through and addendum, as appropriate.

IV. METHOD OF PAYMENT AND INVOICING:

A. Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the email address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692- 0473 or via email at: edi@doa.virginia.gov.

B. Invoices shall be submitted by the 10th of the month following the month services were rendered to the email address listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified by Virginia Works Contract Administrator. Invoices may be submitted as an attachment via email to accounts.payabale@virginiaworks.gov.

V. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any/all attachments and any/all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

Supplier Training.

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: Responding to Solicitations Youtube Video. It is the responsibility of the Bidder to ensure that the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

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A virtual public bid opening will be hosted by a Virginia Works representative at 1:00 PM EDT on April 28, 2026.

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VI. PRICING SCHEDULE: Attachment A- Pricing Schedule must be completed and returned with the bid.

VII. GENERAL TERMS AND CONDITIONS:

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

Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section

7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the

Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates https://teams.microsoft.com/meet/29114364865161?p=B3ogNTIgLEGaUVe09p https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGY2YzFmMDktOTEyMS00ZTQ4LWFjZGUtZWY1MjVkZTcxYzM3%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%225e644214-28a7-486b-b6e5-5185f13b880b%22%7d tel:+14342300065,,593047057 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=593047057 https://www.webex.com/msteams?confid=1138383569&tenantkey=commonwealthofvirginia&domain=m.webex.com https://eva.virginia.gov/index.html public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

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

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

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

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

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

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

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

$10,000:

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

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

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

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

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

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

RFPs

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan.

Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

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

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

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

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

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings.

Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

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

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

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

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

U. 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.

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

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

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

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

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below;

failure to register will result in the bid/proposal being rejected.

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

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 eva.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

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

AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a…