IFB_DOC-27-016_R_Refuse Rental & Disposal Services_P&PD 22_.pdf

Sealed IFB DOC-27-016-R Refuse Rental & Disposal Services

Probation & Parole District# 22 (Martinsville)

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

PROCUREMENT AND RISK MANAGEMENT

6900 ATMORE DRIVE

RICHMOND, VIRGINIA 23225

INVITATION FOR BIDS

Solicitation Number: DOC-27-016-R

Issue Date: August 18, 2026

Title: Refuse Rental & Pickup Services

Commodity Codes:

Issuing Agency: Commonwealth of Virginia Department of Corrections Procurement and Risk Management 6900 Atmore Drive Richmond, Virginia 23225

Using Agency: Department of Corrections

Probation & Parole District# 22 95 Violet Lane Ridgeway, VA 24148

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for Refuse Rental and Disposal Services at:

Probation and Parole District# 22 95 Violet Lane Ridgeway, VA 24148

The initial term of the contract will be for one (1) year from date of contract execution; however, the contract may be renewed in accordance with Section VI, Paragraph I.

Sealed bids will be received until September 10, 2026, at 10:00 a.m. Eastern Time for furnishing the services described herein and then will be opened in public.

NIGP Code Description 91027 Garbage/Trash Removal, Disposal and/or Treatment 92966 Refuse/Garbage Collection/Dumping Equipment Maintenance and Repair 95896 Waste Management Services 96239 Hauling Services 96871 Solid or Liquid Waste Disposal (Including Management Services) 97537 Garbage/Refuse Equipment (Dumpsters, etc.) Rental or Lease

* NIGP: National Institute of Governmental Purchasing / The Institute for Public Procurement [https://eva.virginia.gov/ > Resources > NIGP Code Look Up]

Probation & Parole District# 22 (Martinsville)

All bids received after the appointed date and hour for receipt, will not be considered for an award.

Bids and required attachments must be submitted electronically in eVA (https://eva.virginia.gov/), the Commonwealth’s e-procurement solution.

Faxed, mailed, emailed, express mail, or oral bids will not be accepted.

All inquiries for information should be directed to Chastity Johnson, Buyer Specialist, at (804) 887-8136 or Chastity.Johnson@vadoc.virginia.gov. Buyer Specialist may request additional documentation from Bidders via email.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.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:Chastity.Johnson@vadoc.virginia.gov

TABLE OF CONTENTS

Section Title Page Number(s)

I. PURPOSE / STATEMENT OF NEEDS PAGE 4

II.

SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGES 4 - 7

III. OPTIONAL SITE VISIT

PAGES 7 - 8

IV.

PRICING SCHEDULE PAGE 8

V.

GENERAL TERMS AND CONDITIONS PAGES 8 - 16

VI. SPECIAL TERMS AND CONDITIONS PAGES 16 - 22

VII. ATTACHMENTS PAGES 22 - 32

Probation & Parole District# 22 (Martinsville)

I. PURPOSE / STATEMENT OF NEEDS: The purpose of this Invitation for Bids (IFB) solicitation is to establish a term contract with an experienced and reputable company with a high degree of attention to detail and established quality assurance processes and procedures, to provide comprehensive refuse rental and disposal services at Probation and Parole District# 22 (Martinsville), hereinafter may be referred to as the Purchasing Agency”, “Agency”, or “DOC” located at:

The Agency requires the Contractor to furnish rental of a four (4) yard dumpster, with disposal service once a week

– between Monday through Friday , at an initial term of one (1) year from date of contract execution; however, the contract may be renewed in accordance with Section VI, Paragraph I.

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS):

A. GENERAL CONTRACTOR REQUIREMENTS AND INFORMATION -

1. Contractor Furnished Equipment / Responsibilities - furnish all labor, equipment, tools, materials, fuel, maintenance, and incidentals necessary for removal and disposal of refuse materials from the Agency.

a. Qualified Personnel - the Contractor shall ensure that all services are performed by persons qualified, through industry-standard training, certification(s), licensures [Commercial Driver’s Licenses (CDL)], and experience to be able to operate all equipment necessary to remove refuse and debris. The Contractor shall be in compliance with all federal, state, and local applicable regulations throughout the life of the contract. The Contractor shall ensure that all personnel carry official photo identification and wear company-branded uniforms (with clearly visible logos).

Contractor’s personnel shall be capable of communicating and comprehending the English language (both verbally and in writing) to Full Professional Proficiency (as defined by Interagency Language Roundtable “ILR” Level 4 standards), and as demonstrated by the ability to use English fluently and accurately at all levels pertinent to professional and Contract needs, with the ability to be fully and easily understood by the DOC staff.

b. Equipment and Schedule - the Contractor shall furnish all labor, equipment, tools, materials, fuel and incidentals necessary for removal and disposal of refuse materials from the Agency. The Contractor shall provide a four cubic (4) yard dumpster.

c. Refuse Schedule - the Contractor shall pick up / dispose of all refuse contained within the four

(4) yard dumpster - once a week - between Monday through Friday.

i. State Holidays - if the regular scheduled pick-up falls on an observed state holiday, the Contractor shall pick up / dispose of the dumpster refuse on the next business day or a day mutually agreed upon by the Contract Administrator (or designee) and Contractor.

ii. Inclement Weather – the Contractor shall make every reasonable effort to provide services; however, should severe inclement weather occur such as heavy snow, ice, flooding, or high winds, the Contractor shall pick up / dispose of the dumpster refuse on the next business day or a day mutually agreed upon by the Contract Administrator (or designee) and Contractor when road conditions are safe and passable.

The Contractor should make every reasonable effort to meet the scheduling needs of the Agency and coordinate with the Contract Administrator (or designee) can services cannot be provided on scheduled day(s).

Probation & Parole District# 22 (Martinsville)

d. Refuse Disposal - the Contractor shall dispose of all refuse in a landfill that has been issued a landfill permit by the Virginia Department of Environmental Quality (DEQ) and follow all federal, state, and local regulations regarding proper disposal.

e. Dumpster & Dumpster Pad Cleaning– the Contractor shall ensure a healthy and odor-free environment) by cleaning and disinfecting the dumpster and dumpster pad area(s) on a Monthly basis on a day agree upon by the Contract Administrator (or designee) and Contractor. The Contractor shall submit an Invoice(s) to the Agency at the pricing rate for dumpster and dumpster pad cleaning services, as submitted on their Bid. Any requested change(s) to the frequency of cleanings needed must be mutually agreed upon by the Agency and Contractor. The Contractor should make every reasonable effort to meet the scheduling needs of the Agency.

f. Dumpster Swap-Outs – should the dumpster become damaged, unsightly, and/or unstable the

Agency may determine that a new clean container is needed. The Contractor shall swap-out the current dumpster(s) and drop off a clean, empty one and place back in the same location at no additional cost to the Agency. The Contract Administrator (or designee) and Contractor shall coordinate to determine when the swap-out will occur. The Contractor should make every reasonable effort to meet the scheduling needs of the Agency.

g. Dumpster Relocation – should the dumpster(s) need to be moved to a different area on Agency property (e.g. temporary construction near original location), the Contractor shall move the dumpster(s) to the new / temporary location, at no additional cost to the Agency. The Contract Administrator (or designee) and Contractor shall coordinate to determine when the relocation will occur. The Contractor should make every reasonable effort to meet the scheduling needs of the Agency

h. Refuse Spills - the Contractor shall keep the area around the dumpster free of refuse. If refuse spills when the Contractor is emptying the dumpster, the Contractor shall clean up the spillage before leaving the site and follow all federal, state, and local regulations regarding refuse spillage.

i. DOC Property Damage - the Contractor shall take all reasonable precautions to prevent damage to roadways, concrete pads, driveways, fences, gates, and any other DOC property caused by its equipment when accessing, loading, or unloading containers. The Contractor shall be responsible for restoring/replacing any damaged DOC property.

j. Reporting Pest Infestation – if a pest infestation (e.g. ants, rodents, roaches, raccoons) is discovered, the Contractor shall immediately notify the Contract Administrator (or designee) so that the Agency can investigate the cause and needed resolution of the issue(s).

k. Certificate of Insurance - the Contractor shall provide a Certificate of Insurance as detailed in

Section V, Paragraph I and Section VI Paragraph C , prior to beginning services and throughout the length of the contract. Failure to have the required insurance coverage at any time throughout the contract period(s) may result in the termination of the contract(s) due to noncompliance.

B. SPECIFIC AGENCY REQUIREMENTS -

1. DOC Refuse Schedule Changes – the Agency reserves the option to change the pick-up / disposal of refuse schedule, should an additional day(s) be needed due to an increase in refuse that is anticipated to occur over a significant amount of time. Any requested change(s) to the regular dispose schedule (excluding emergency schedule changes) must be mutually agreed upon by the Agency and Contractor through a contract modification.

a. Emergency Services - In the event of an emergency (e.g. burst pipes), the Contract Administrator

(or designee) may request that the Contractor temporarily provide an additional day(s) of pick-up/disposal of refuse to handle an unexpected amount of refuse. In the event this should happen, the Contractor shall submit an Invoice(s) to the Agency at the pricing rate for Emergency Services, as submitted on their Bid. The Contract Administrator (or designee) and Contractor shall coordinate to determine when the Emergency Services day(s) will occur. The Contractor should make every reasonable effort to meet the scheduling needs of the Agency.

2. Equipment Rental Changes - the Agency reserves the option to add an additional dumpster(s), should there be a need due to an increase in refuse. Any requested change(s) to the number of dumpster rental must be mutually agreed upon by the Agency and Contractor through a contract modification.

3. Security, Background Investigations, and Privacy Training - the Contractor shall comply with all DOC and P&P District requirements for security and operational constraints prior to commencing any work on the Contract and throughout the duration of the Contract. The Contractor shall review and sign the Security Rules and Regulations list (Attachment E). The Security Rules and Regulations may be revised or superseded based on DOC Directives and Procedures / specific DOC Facility requirements. Notice of such changes, will be communicated by the DOC to the assigned contractor(s).

Violation of any security-related requirement(s) will be grounds for immediate termination of the Contract for default.

4. Contractor’s Authorized Personnel - Upon award of contract, the Contractor shall certify that all personnel assigned to work at DOC have obtained a criminal history background check and that no incidents of a felony or larceny crime exist by completing, signing and submitting the Authority for Release of Information form (Attachment C) and indicating information including but not limited to the assigned personnel name, social security number, birth date, address and telephone number.

• Authority for Release of Information form (Attachment C) shall be submitted to the Contract

Administrator (or designee) and Procurement Contract Officer, prior to the start of work on the Contract.

• Authority for Release of Information form (Attachment C) shall be kept up to date by the Contractor and promptly re-submitted to the Contract Administrator (or designee) whenever there is a change in personnel. It is the Contractor’s responsibility to immediately notify DOC of any/all personnel changes.

• The Contractor shall not allow anyone in the building(s) who has not been previously approved by DOC, by the submission of an updated Authority for Release of Information form (Attachment C). The DOC uses a security camera system to verify that no unauthorized persons are entering the building(s). Should the Contractor violate this requirement, it will be grounds for immediate termination of the Contract for default.

***Due to the confidential information that is required, do not submit the Authority for Release of Information form (Attachment C) unless requested by the DOC.***

5. Contractor Work Plan - Within five (5) business days after award of the Contract, the Contractor shall submit to both the Purchasing Agency’s Contract Administrator (or designee) and the Contracting Officer a complete plan of the Contractor’s operations to include the following:

a. Name, address, and telephone number of the individual who will be meeting with the Contract

Administrator (or designee), if requested, on an as-needed basis. This individual will receive

Probation & Parole District# 22 (Martinsville) notice from the Contract Administrator (or designee) on major discrepancies and is responsible for taking immediate corrective action.

b. Name, address, and telephone number of the individual for supervision of the assigned personnel and responsible for the performance standards.

c. Name, address, and telephone number of personnel assigned to the district(s). Include any alternate(s).

6. Contractor Staffing - Level, Wages, Proximity, and Personnel Apparel –

a. The Contractor shall provide a sufficient number of personnel to perform the services. Absences of contractor’s personnel shall not relieve the Contractor from their obligation to meet the contract requirements. When absences occur, the Contractor, if necessary, shall assign personnel to work to compensate for the workforce shortfall to complete the work. In such cases, the Contractor shall be solely responsible for any additional costs.

b. The Contractor shall provide sufficient wages to minimize turnover and attract qualified personnel. The wage for refuse drivers/workers shall be maintained no lower than the minimum wage. If the minimum wage is raised, then the Contractor will be permitted an adjustment to the contract to compensate for these increased costs.

c. The Contractor agrees that all personnel should wear proper, safe, and neat-looking clothing, and footwear while working on the Agency property.

7. Phone Calls and Emails - The Contractor must return any phone call and/or email within twenty-four (24) hours of notification from the Contract Administrator (or designee).

8. Meetings (as needed) - The Contractor shall be available, upon request by DOC, to review the requirements of the contract and/or quality control issues. If, in DOC’s sole discretion, quality control or other performance issues are not being adequately addressed, the Contractor shall meet as needed, on-site, at the district(s) with the Contract Administrator (or designee). These on-site meetings will continue until the Contract Administrator (or designee) determines that the quality control issue(s) has been fully resolved to DOC’s satisfaction.

III. OPTIONAL SITE VISIT: An Optional Site Visit will be at P&P District# 22 (Martinsville) located at:

The purpose of this Optional Site Visit is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While site visit attendance is voluntary and not a prerequisite for bid submission, potential bidders are strongly urged to attend. Bidders should bring a copy of the solicitation with them. A solicitation addendum will be issued to eVA should there be any needed changes that arise from the site visit.

A valid driver’s license or government-issued identification is required for entry.

Contact Office Services Supervisor Apryl Norman at Apryl.Norman@vadoc.virginia.gov or (276) 634-6600 to schedule attendance.

Do not attempt to visit without prior authorization by P&P. If you are unable to attend or need to reschedule a site visit, the point of contact cited above should be promptly notified.

IV. PRICING SCHEDULE:

Bids and required attachments must be submitted electronically in eVA (https://eva.virginia.gov/), the Commonwealth’s e-procurement solution.

Any Bidder who omits pricing may be considered not fully qualified or best suited among those submitting bids and may be subject to rejection. The pricing listed in the pricing schedule shall be all-inclusive and must include all applicable fees, charges, and surcharges. No additional charges will be allowed. All Bidders shall submit pricing in United States Dollars (USD). The Agency may request additional supporting documentation and/or clarification of materials from the Bidder.

Bidders must enter a price for each item listed in eVA. The table below is included for reference only:

V. GENERAL TERMS AND CONDITIONS:

A. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS - The eVA Internet electronic procurement solution (eVA.virginia.gov), streamlines and automates government purchasing activities in the Commonwealth. 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, reference the eVA website’s Billing section for more information (https://eva.virginia.gov/eva-billing.html).

Probation & Parole District# 22 (Martinsville)

Failure to register in eVA will result in the offeror(s) bid/proposal being rejected. Vendor transaction fees are determined by the date the original Purchase Order (PO) is issued, and the current fees are as follows:

• For new orders issued July 1, 2014, or later, the vendor transaction fee will be as follows:

o 1%, capped at $500 per order to eVA-Registered DSBSD* (Virginia Department of Small Business and Supplier Diversity) - Certified Small Businesses o 1%, capped at $1,500 per order to eVA-Registered Businesses That Are NOT DSBSD*- Certified Small Businesses

The specified vendor transaction fee will be invoiced by the Virginia Department of General Services (DGS), approximately 30 days after the corresponding Purchase Order (PO) is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through Purchase Order (PO) changes.

B. VENDORS MANUAL: A copy of the manual is available for review on the eVA website (eva.virginia.gov

- under “I Sell To Virginia”). 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 any resulting contract(s) and purchase order(s) 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.

C. ANNOUNCEMENT OF AWARD: Upon award of a contract, or announcement of the intent to award resulting from this solicitation, the Purchasing Agency will publicly post notice of the award in eVA (eva.virginia.gov) for a minimum period of ten (10) calendar days.

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

PRIORITY: If the solicitation is designated as a “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority,” as applicable, and award priority will be given to businesses certified by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Eligible firms include DSBSD-certified Micro businesses and Small Businesses, including Women-Owned and Minority-Owned Businesses that hold current DSBSD small business certification. For award purposes, a bidder will be considered a certified Micro Business or Small Business only if the firm holds an active DSBSD certification in the applicable category as of the solicitation due date for receipt of bids or proposals.

E. QUALIFICATIONS OF BIDDERS: The Commonwealth reserves the right to conduct any reasonable investigations it deems necessary to determine the Bidder’s ability to provide the required goods and/or perform the required services. The Bidder shall furnish all information and documentation requested. The DOC may inspect the Bidder’s facilities to assess operational capability, capacity, and responsiveness. The DOC further reserves the right to reject any bid/proposal if the information submitted by the Bidder, or obtained through investigation, fails to demonstrate to the DOC’s satisfaction that the Bidder is qualified and capable of fulfilling the requirements and obligations of the Contract.

F. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US Dollars (USD).

G. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any tests, evaluations, or inspections it deems necessary to verify that all goods and services provided comply with the applicable specifications, requirements, and standards set forth in the Solicitation and resulting Contract(s) / Purchase Order(s).

file://hqatmore1/Procurement/Boilerplates/RFP%20-%20Nonprofessional/eva.virginia.gov file://hqatmore1/Procurement/Boilerplates/RFP%20-%20Nonprofessional/eva.virginia.gov

Probation & Parole District# 22 (Martinsville)

H. PAYMENT: The Commonwealth of Virginia encourages Prime Contractors and Subcontractors to accept electronic and credit card payments.

1. Prime Contractor -

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the contract / purchase order. 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.

c. All goods or services provided under this contract / 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 (VDCA).

2. Subcontractor(s) -

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

(i) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the Contract / purchase order; or

(ii) To notify the Purchasing Agency and the subcontractor(s), in writing, of the Prime

Contractor’s intention to withhold payment and the reason.

The Prime 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 (ii) 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 Prime Contractor’s obligation to pay an interest charge to a subcontractor shall not be construed to be an obligation of the Commonwealth.

3. SWaM Compliance - Each Prime Contractor who wins an award in which provision of a Small, Women-owned, and Minority-owned Business (SWaM) procurement plan as a condition to the award, shall deliver to the Purchasing 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 sub-contractor 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 Purchasing Agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. 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 § 2.2-4364). Upon determining that

Probation & Parole District# 22 (Martinsville) 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).

I. 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, LIMITS, AND REQUIREMENTS -

1. Workers’ Compensation - 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.)

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

1. The parties may, by mutual written agreement, modify the terms, conditions, or scope of the contract. Any additional goods or services provided under such modification must be ancillary to the original contract or within the same general category of goods or services included in the original award. Any agreed-upon adjustment to the contract price, whether an increase or decrease, shall be documented in the written modification and executed by authorized representatives of both parties.

2. The Purchasing Agency reserves the right to issue written directives requiring changes within the general scope of the contract at any time during the contract term. Such changes may include, but are not limited to, modifications to the services to be performed, methods of packing or shipment, or the place of delivery or installation. Upon receipt of a written change notice, the Contractor shall proceed with the directed change unless the Contractor intends to request an adjustment to compensation, delivery schedule, or other contractual terms. In such event, the Contractor shall promptly provide written notice to the Purchasing Agency describing the requested adjustment and shall not proceed with the change until receiving the Purchasing Agency’s written determination affirming, modifying, or withdrawing the directive. If the Purchasing Agency determines that the change results in an increase or decrease in the Contractor’s cost of performance, an equitable adjustment shall be made to the contract price, delivery schedule, or other

Probation & Parole District# 22 (Martinsville) affected terms. The Contractor shall be compensated for any authorized additional costs incurred as a result of the change and shall provide an appropriate credit to the Commonwealth for any resulting cost 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.

K. 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.

L. DEBARMENT STATUS: By submitting a response to this solicitation, the Vendor certifies that it is not currently debarred by the Commonwealth of Virginia from participating in procurements for the goods and/or services covered by this solicitation. The Vendor further certifies that it is not prohibited from fulfilling any resulting contract or order and is not acting as an agent, representative, or affiliate of any individual or entity currently debarred by the Commonwealth of Virginia. The Commonwealth reserves the right to debar any vendor determined to have been created or utilized for the purpose of circumventing an existing debarment.

Any such vendor may be subject to debarment for the same duration as the original debarred entity.

M. ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, or convey the Contract, in whole or in part, without the prior written consent of the Commonwealth. Any attempted assignment without such consent shall be void unless expressly approved in writing by the Commonwealth.

N. AVAILABILITY OF FUNDS: It is understood and agreed by the parties that the agency’s obligations under this agreement are subject to the availability of legally appropriated funds. The Purchasing Agency shall be bound hereunder only to the extent that funds have been appropriated by the legislature and are legally available, or subsequently become legally available, for the purposes of this agreement.

Probation & Parole District# 22 (Martinsville)

O. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract / purchase order(s) 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.

P. 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.

Q. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS: Failure to submit a bids using the official state form provided for that purpose may result in rejection of the bid. Any modification of, or addition to, the General Terms and Conditions of this solicitation may also be grounds for rejection.

However, the Commonwealth reserves the sole discretion to determine, on a case-by-case basis, whether such deviations warrant rejection of the bid.

R. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Purchasing Agency Buyer who issued the solicitation (or the assigned alternative Buyer) no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Purchasing Agency Buyer to eVA.

S. PRECEDENCE OF TERMS: The following General Terms and Conditions Vendors Manual, applicable

Federal and State Laws and Courts, Anti-Discrimination, Ethics in Public Contracting, Immigration Reform and Control Act of 1986, Debarment Status, Antitrust, Mandatory use of State Form(s) and Terms and Conditions, Clarification of Terms, and 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.

T. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, limited partnership, or registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity, as required under Title 13.1 or Title 50 of the Code of Virginia or other applicable law.

Any such business entity entering into a contract with a public body under the Virginia Public Procurement Act (VPPA) shall maintain its legal existence and, where required, its certificate of authority or registration to transact business in the Commonwealth throughout the term of the contract. Such authorization or registration shall not be allowed to lapse, be revoked, or be cancelled during the contract period. Failure to remain in compliance with these requirements may result in the public body voiding the contract.

U. 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 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

Probation & Parole District# 22 (Martinsville) 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). 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 their objection, access to equivalent goods, services, or disbursements from an alternative provider (Code of Virginia, § 2.2-4343.1H).

V. 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 Code of Virginia § 2.2-4311 of the Virginia Public Procurement Act

(VPPA).

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, political affiliation, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

d. If the Contractor employs more than five employees, the contractor shall 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 post the Contractor's sexual harassment policy in a conspicuous public place in each building located in the Commonwealth that the Contractor owns or leases for business purposes and the Contractor's employee handbook. Refer to Sexual Harassment Training form (Attachment D).

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 sole discretion, 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.

W. 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 employs an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

X. 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.

Y. DRUG-FREE WORKPLACE: 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. Applicable for all Contracts over $10,000. During the performance of this Contract, the Contractor agrees to all of the following:

1. Provide a drug-free workplace for the Contractor's employees

2. 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

3. 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

4. Include the provisions of the foregoing clauses in every subcontract or Purchase Order (PO) of over $10,000, so that the provisions will be binding upon each subcontractor or vendor

Z. CIVILITY IN STATE WORKPLACES: The Contractor shall take all reasonable measures to ensure that no individual performing work under this Agreement, including any subcontractor personnel (each a “Contract Worker”), engages in harassment (including sexual harassment), bullying, cyber-bullying, threatening or violent conduct, or discriminatory behavior based on 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 provision and shall require participation in any applicable agency civility training for State workplace conduct, unless the Contractor’s or subcontractor’s existing mandatory training programs already meet or exceed equivalent standards. Upon request, the Contractor shall provide documentation demonstrating that each Contract Worker has completed the required training.

For the purposes of this Section, “State workplace” includes any location, whether permanent or temporary, where a Commonwealth employee performs work-related duties or represents their agency. This includes surrounding areas, parking facilities, off-site meeting locations, and transportation to and from such locations.

Communications shall also be considered to occur within a State workplace when a Contract Worker reasonably should know that the telephone number, email address, or other means of communication is associated with a State workplace or with a Commonwealth employee. The Commonwealth of Virginia may, in its sole discretion, require the Contractor to remove and replace any Contract Worker whom the Commonwealth reasonably believes has violated this Section. This Section establishes obligations solely on the part of the Contractor. Employees or other third parties may incidentally benefit from this Section, as well as from any related training materials or communications provided on this topic but the Parties to this

Probation & Parole District# 22 (Martinsville) agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

AA. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services.

BB. FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor. For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

VI. SPECIAL TERMS AND CONDITIONS:

A. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one purchase order being issued annually, with the applicable eVA transaction fee assessed on each order. Vendors seeking to provide goods and/or services to the Commonwealth are required to participate in the eVA (https://eva.virginia.gov/) e-procurement system and agree to comply with its requirements. For term contracts, failure to submit an electronic catalog (price list) or index page catalog for awarded items may result in rejection of the bid/offer or termination of the contract for default. The electronic catalog must conform to the eVA Catalog Interchange Format (CIF) Specification, which is available for download at www.eVA.virginia.gov. Contractors shall submit catalog or index page information by email to eVA-catalog-manager@dgs.virginia.gov.

B. AWARD: The Commonwealth will make the award on a Grand Total basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable.