IFB 156-27-022- On-Site Kodiak Pilot Training.pdf

156-27-022 On-Site Kodiak 100 Pilot Training

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF STATE POLICE

Invitation for Bid (IFB)

IFB#: 156-27-022

Title: On-Site Kodiak 100 Pilot Training

Commodity Code: 90553 – Pilot Training Services

Issuing Agency: Department of Virginia State Police

PO Box 27472

Richmond, VA 23261-7472

ATTN: Elizabeth Menc / Procurement

Period Of Performance: Award – Conclusion of Training Services

Sealed Bids Will Be Received Until: Thursday, August 6, 2026, at 1:00 PM Est. for furnishing the services described herein.

All Inquiries for Information Should Be Directed to: Elizabeth Menc via email at elizabeth.menc@vsp.virginia.gov

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/or 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.

eVA Vendor ID or DUNS #:

Business Name Business/Office Phone Number

Address (line 1) Mobile Number

Address (line 2) Fax Number

City, State, and Zip Code Email Address

Signature (In Ink) Date

Printed Name Title

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 because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Important Information/Bid Requirements

1. Inquires for Information: Questions regarding the solicitation must be submitted in writing only to

Elizabeth Menc via email at elizabeth.menc@vsp.virginia.gov no later than Monday, August 3, 2026, at

1:00 PM Est. Responses to clarifications may be posted in eVA’s Virginia Business Opportunities (VBO).

The identity of the bidder will not be published with the response. Formal changes to the solicitation will only be made by form written addendum to the solicitation.

2. Any bid which does not include pricing for every item in a single lot shall be deemed nonresponsive.

Entering “N/A” or a blank line-item bid price shall be considered nonresponsive.

3. For the purpose of this solicitation, each firm receiving this IFB is referred to as the “bidder” and the bidder awarded the contract to supply the goods is referred to as a “Contractor or “Supplier”. The Virginia

State Police, is hereinafter known as “the purchasing agency”, “VSP”, “Owner “, and/or the “Department.”

4. Required Forms/Documents

a. All bidders must include the following items attached to their eVA Bid:

1) Acknowledgement of any/all addendum(s),

2) Attachment A- Vendor Data Sheet

3) Attachment B- SCC Form

4) Attachment C- Small Business Subcontracting Plan

If these forms are not completed in full and submitted as specified herein, the bid may be found nonresponsive.

5. Bid Submission- Electronic Required

It is the responsibility of the bidder to ensure that its bid(s) is/are delivered to the correct delivery address/location by the due date and time. VSP is not responsible for any bid(s) not delivered by the due date and time. Late bids will not be considered for award.

b. Electronic Bid Submission

1) Electronic bid submission, with required documents attached, is required. Bidders must be registered in eVA to submit an electronic or paper bid. The following provides information/instructions on reviewing and responding to solicitations in the new eVA platform.

a) Go to https://eva.virginia.gov

b) Click on “I Sell to Virginia”

c) Click on “eVA Supplier Training”; and

d) Click on “Viewing and Responding to Solicitations Video”

2) If a bidder requires assistance submitting an electronic response, the bidder should contact eVA

Customer Care at eVACustomerCare@dgs.virginia.gov sufficiently prior to the closing date and time to allow for error(s)

3) If this is your first time submitting an electronic bid, it is strongly suggested that you click on the eVA training module(s). You are encouraged to do this in advance of the required submission time for possible assistance from eVA customer care.

6. Public Bid Opening: Please note this is the date and time of the public bid opening, not the submission deadline. Refer to page one (1) for the official bid due date and time.

Date: Thursday, August 6, 2026, at 2:00 PM Est. Location: Virtual Microsoft Teams Meeting

Phone #: +1 434-230-0065 Conference ID: 858 118 376#

Table of Contents

Section Page

I. PURPOSE 4

II. SCOPE OF WORK/SPECIFICATIONS 4

III. GENERAL TERMS AND CONDITIONS 9

IV. SPECIAL TERMS AND CONDITIONS 17

V. METHOD OF PAYMENT 20

VI. PRICING SCHEUDLE 21

VII. ATTACHMENTS

• Attachment A- Vendor Data Sheet 23

• Attachment B- State Corporation Commission Form 24

• Attachment C- Small Business Subcontracting Plan 25

I. PURPOSE:

The purpose of this Invitation for Bid (IFB) is to solicit bids whereby a term contract may be established with one qualified firm to provide on-site aircraft-specific initial familiarization and recurrent proficiency training for up to eleven (11) Virginia State Police pilots using the agency owned Daher

Kodiak 100 aircraft. The award will be made on a grand total basis (see award clause for further information).

For the purpose of this solicitation, each firm receiving this IFB is referred to as the “Bidder” and the bidder awarded the contract to provide the services is referred to as the “Contractor” or “Supplier.” The

Virginia State Police is hereinafter referred to as “the purchasing agency,” “VSP,” and/or the

“Department.”

II. SCOPE OF WORK / SPECIFICATIONS:

A. General Requirements:

1. The Contractor shall provide comprehensive on-site Kodiak 100 Familiarization and Recurrent

Proficiency Pilot Training for the Virginia State Police (VSP) Aviation Division. Training shall be delivered on a VSP-owned Daher Kodiak 100 Series II Multi-Mission Aircraft and conducted by qualified Kodiak instructors. The training shall be a VFR familiarization and proficiency course tailored to VSP’s mission profile and operating environment.

2. Pricing submitted shall be all inclusive to include labor, materials, travel, lodging, etc. required to fully furnish and deliver the services as specified herein.

3. The Contractor shall conduct all training in accordance with applicable Federal Aviation

Administration regulations, Aircraft Flight Manual requirements, Pilot’s Operating Handbook requirements, Manufacturer limitations and procedures, Airworthiness directives, Manufacturer service information, and VSP safety and operational requirements.

4. The Contractor may use simulation, scenario-based discussion, tabletop exercises, or other risk controlled instructional methods when live execution of a maneuver would create unnecessary risk.

5. The Contractor shall discontinue any training activity that the instructor, pilot in command, or authorized VSP representative determines cannot be safely completed.

6. The Contractor shall coordinate all training dates, locations, schedules, pilot assignments, and aircraft requirements with the VSP Aviation Safety Officer or designated VSP representative.

B. Minimum Contractor Qualifications:

1. The Contractor shall meet the following minimum qualifications throughout the contract term:

a. Have documented experience providing flight and ground instruction specific to the Daher

Kodiak 100 aircraft.

b. Have at least three (3) years of experience providing aircraft specific turbine training or equivalent operational instruction.

c. Provide instructors who hold all current FAA certificates, ratings, medical qualifications, and endorsements required to perform the services described herein.

d. Provide instructors with documented operational experience in the Kodiak 100 aircraft.

e. Demonstrated experience providing instruction to government aviation operators, public safety aviation units, commercial aviation operators, or comparable turbine-aircraft operators.

2. VSP reserves the right to reject any proposed instructor who does not possess sufficient aircraft specific knowledge, instructional experience, operational experience, or professional qualifications.

C. Pre-Training Coordination:

1. Before training occurs, the Contractor shall coordinate with VSP to determine the following:

a. Pilot experience and prior Kodiak 100 training,

b. Aircraft Configuration,

c. Training dates,

d. Ground school schedule,

e. Flight schedule,

f. Mission specific instructional priorities,

g. Required training materials,

h. Aircraft documentation requirements,

i. Weather and operational contingencies, and

j. Any VSP specific safety or security requirements.

2. The Contractor shall provide VSP with a proposed training schedule no later than ten (10) business days prior to the scheduled training unless otherwise approved by VSP.

D. Pre-Training Course Materials:

1. The Contractor shall provide participating pilots with applicable pre-course materials no less than five (5) business days prior to rendering training services. Materials shall include, as applicable:

a. Training syllabus,

b. Aircraft systems review materials,

c. Aircraft limitations,

d. Emergency memory items,

e. Crew alerting system messages,

f. Normal, abnormal, and emergency procedures,

g. Performance planning exercises,

h. Weight-and-balance exercises,

i. Fuel planning exercises,

j. Avionic review materials,

k. Pre-Study assignments, and

l. Pilot preparation worksheets.

2. The Contractor may require participating pilots to complete pre‑course assignments and return completed materials before the first scheduled ground session. The Contractor shall provide a deadline for the due dates of these assignments should they be required.

3. VSP will provide aircraft‑specific configuration and weight‑and‑balance information reasonably required for training preparation within five (5) business days upon request.

E. Initial Familiarization Training:

1. The Contractor shall provide full initial familiarization training which shall include approximately six (6) to ten (10) hours of group or individual ground instruction and approximately six (6) to ten (10) hours of flight instruction per pilot.

2. Actual training duration may be adjusted based on pilot proficiency, weather, aircraft availability, safety considerations, and completion of required training objectives.

3. Training may be conducted with pilots paired when operationally practical, with one pilot flying and the second pilot observing. Each participating pilot shall receive the required amount of direct flight instruction necessary to demonstrate satisfactory proficiency.

4. Initial Ground Instruction: Initial ground instruction shall include at a minimum, the following subject areas:

a. Aircraft and Engine Systems,

b. Garmin G1000 and Automation,

c. Emergency and Abnormal Procedures,

d. Aircraft Performance and Planning, and

e. Risk Management.

5. Initial Flight Instruction: Initial flight instruction shall include, at a minimum, the following:

a. Cockpit Procedures and Crew Coordination,

b. Normal and Abnormal Flight Profiles,

c. Avionics and Automation Proficiency,

d. Systems and Emergency Handling, and

e. Weather and Operational Risk Management.

F. Recurrent Proficiency Training:

1. The Contractor shall provide recurrent proficiency training which shall include approximately four (4) to six (6) hours of group or individual ground instruction and a focused recurrent flight session for each participating pilot.

2. Actual duration may be adjusted based on pilot recency, proficiency, identified deficiencies, operational requirements, weather, aircraft availability, and completion of required training objectives.

3. Recurrent Ground Instruction: Recurrent ground instruction shall include, at a minimum:

a. PT6A engine review,

b. Electrical system review,

c. Fuel system review,

d. Propeller system review,

e. TKS and ice protection review,

f. Aircraft limitations,

g. Manufacturer service information,

h. Applicable service bulletins,

i. Applicable maintenance or procedural updates,

j. Garmin G1000 refresher training,

k. GFC 700 autopilot normal and failure modes,

l. Weather radar operation,

m. Convective weather considerations,

n. Icing considerations,

o. Emergency memory items,

p. Crew alerting system messages,

q. Engine failure scenarios,

r. Forced landing scenarios,

s. Electrical system malfunction scenarios,

t. Fuel system malfunction scenarios,

u. Weight-and-balance,

v. Fuel planning,

w. Flight planning,

x. Preflight inspection, and

y. Seasonal operational considerations.

4. Recurrent Flight Instruction: Recurrent flight instruction shall include, at a minimum:

a. Checklist and flow discipline,

b. Cockpit organization,

c. Crew coordination,

d. Normal takeoffs and landings,

e. Rejected takeoff procedures,

f. Go-arounds,

g. Short-field operations,

h. Soft-field operations,

i. Crosswind operations,

j. Garmin G1000 proficiency,

k. Autopilot modes,

l. Approach proficiency (as applicable),

m. Simulated engine failure at a safe altitude,

n. Electrical system scenarios,

o. Simulated icing scenarios,

p. TKS familiarization,

q. Weather and radar use,

r. Aeronautical decision making,

s. Risk management exercises, and

t. Recommendations for continued proficiency.

G. Law Enforcement Mission Familiarization:

1. When requested by VSP, the Contractor shall incorporate flight techniques and risk-management principles applicable to law enforcement aviation operations.

2. The Contractor shall not operate or provide technical instruction regarding camera, sensor, downlink, or other law enforcement mission equipment unless specifically authorized by VSP in writing.

H. Pilot Deficiencies:

1. When a pilot does not meet a required completion standard, the Contractor shall:

a. Identify the specific deficiency and notify the pilot and designated VSP representative,

b. Document the deficiency and recommend corrective instruction or additional training,

c. Provide an estimated amount of additional training required, and

d. Obtain VSP authorization before providing services that exceed the originally scheduled training.

2. A Certificate of Completion shall not be issued until the pilot satisfies the applicable completion standards.

I. Scheduling and Cancelation:

1. The training dates shall be mutually coordinated by VSP and the Contractor.

2. The Contractor shall make reasonable efforts to accommodate VSP operational demands, aircraft availability, pilot availability, weather conditions, maintenance interruptions, and public safety emergencies.

3. Either party shall promptly notify the other of any condition likely to delay, interrupt, or prevent scheduled training.

4. Weather related or safety related postponements shall be rescheduled at a mutually acceptable date without penalty to VSP.

5. The Contractor shall not charge VSP for flight instruction that is not performed.

J. Training Location:

1. The anticipated training location is the Richmond Executive-Chesterfield County Airport located at 7521 Airfield Drive, North Chesterfield, VA 23237.

2. VSP may require training at an alternate VSP facility based on aircraft availability, mission requirements, airspace considerations, facility availability, weather, operational disruptions, or safety concern. An alternative location, should it be needed, is the Lynchburg Regional Airport

/ Preston Glenn Field located at 702 Hanger Road, Lynchburg, VA 24502.

3. The Contractor shall not change the approved training location without prior written authorization from VSP.

K. Aircraft and Operating Expenses:

1. Unless otherwise specified in writing, VSP shall provide the VSP-owned Daher Kodiak 100 aircraft, aircraft fuel, aircraft oil and consumables, routine aircraft operating expenses, aircraft maintenance, aircraft scheduling, aircraft storage, and required VSP flight and maintenance records.

2. The Contractor shall be responsible for all costs associated with its personnel, instructional materials, equipment, travel, lodging, meals, transportation, and other expenses required to render the training services described herein. Travel, lodging, meals, transportation, and incidental expenses shall be included in the Contractor’s bid price.

3. The Contractor shall invoice VSP only for services authorized and satisfactorily performed.

Unauthorized services, unperformed flight hours, or unsupported expenses shall not be payable.

L. Insurance:

1. The Contractor shall maintain insurance coverage meeting the requirements of the IFB and resulting contract. At a minimum, the Contractor shall maintain:

a. General Liability Insurance of not less than $1,000,000 per occurrence for bodily injury and property damage,

b. Aircraft Hull Insurance (if applicable) with a coverage limit sufficient to repair or replace damaged components of the VSP owned Kodiak 100 aircraft, and

c. Professional Liability or Errors and Omissions insurance of not less than $500,000 per occurrence.

2. Bidders shall provide with their bid response, a certificate of insurance, verifying the bidder is properly insured.

3. VSP shall maintain insurance on the VSP-owned aircraft in accordance with Commonwealth of Virginia and agency requirements.

M. Confidentiality and Security:

1. The Contractor and its personnel may receive or observe sensitive information concerning VSP aircraft configuration, VSP aviation capabilities, law enforcement operations, mission equipment, operational procedures, personnel, facilities, communications systems, and public safety missions. The Contractor shall not disclose, publish, reproduce, photograph, record, transmit, or use such information except as necessary to perform the services described herein.

2. The Contractor shall comply with all VSP access control, identification, photography, information security, and facility security requirements.

3. The Contractor shall immediately notify VSP of any suspected unauthorized disclosure or security incident.

N. Contractor Liability for Damage to Agency Aircraft:

1. Responsibility for Damage: The contractor shall be fully liable for any loss of, or damage to, the Virginia State Police’s Daher Kodiak 100 aircraft arising from the Contractor's acts, omissions, negligence, willful misconduct, or failure to adhere to established operational, maintenance, or safety procedure during training services. The Contractor shall assume full financial responsibility for all repairs, replacement costs, or other damages incurred as a result of such incident.

2. Reporting Requirements: In the event of an incident resulting in aircraft damage, the

Contractor shall immediately notify the designated VSP representative of the occurrence, provide a detailed written report within 24 hours of the incident, including the circumstances, cause (if known), and preliminary assessment of damage. The Contractor shall fully cooperate with any investigation conducted by VSP, its designees, or other regulatory authorities.

3. Repair and Remediation: Any damage sustained shall be assessed by an FAA-certified mechanic or other qualified aviation professional approved by VSP. The Contractor shall bear the full cost of all necessary repairs including parts, labor, and downtime impacting agency operations. Repairs shall be performed at an OEM-authorized service center or other facility approved by VSP. The Contractor shall make full payment for the cost of repairs directly to the service provider, or at the discretion of VSP, reimburse the agency for any payment made on the Contractor’s behalf.

4. Termination and Remedies: Failure to comply with the provisions of this section shall constitute material breach of contract and may result in immediate termination of the contract by VSP, legal action to recover damages, costs, and other remedies available under applicable law, and/or suspension or disqualification from future procurement opportunities with the

Virginia State Police.

5. By submitting a bid and executing any resulting contract of this IFB, the Contractor expressly acknowledges, accepts, and agrees to the terms of this provision.

III. 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, 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, 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, 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:

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.

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.

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: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to 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 price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing

Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

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

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

Q. 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 5473-0076K.

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. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders 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.

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

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

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

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

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

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

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

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public

Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

(including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require

Contract Workers to participate in agency training on civility in the State workplace if contractor’s

(and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

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