IFB DOCW-718-24-07A BCC Refuse pickup and recycling services reissue.pdf

IFB DOCW-718-24-07A

PIM #98-042 1 of 35 Rev Sept 2023

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

WESTERN REGIONAL OFFICE

3313 PLANTATION ROAD, N.E.

ROANOKE, VA 24012

INVITATION FOR BIDS

Solicitation Number: DOCW-718-24-07A

Issue Date: January 3, 2024

Title: Refuse Removal and Recycling Services at Bland Correctional Center

Commodity Code: 91027, 92966, 95896, 96871, 97537

Issuing Agency: Commonwealth of Virginia

Department of Corrections

3402 Kennel Gap Road

Oakwood, VA 24631

Using Agency: Bland Correctional Center

256 Bland Farm Road, Bland VA 24615

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for Refuse

Removal and Recycling Services at Bland Correctional Center

The contract period will be from date of award through one year, and may be renewable in accordance with section V, paragraph E.

Sealed bids will be received until January 29, 2024 at 1 PM EST for furnishing the services described herein and then will be opened in public.

All bids received after the appointed date and time for receipt, whether by mail or otherwise, will not be considered for an award. The time of receipt shall be determined by either the time received in the Issuing

Agency's Purchasing Office, or the time uploaded into eVA for bids submitted electronically within eVA.

Bidders have the sole responsibility for assuring that bids are received in the Purchasing Office by the designated date and time.

If bids are mailed, hand delivered, or delivered by express mail, they must be delivered to Kimberly Whitt, Buyer Specialist at 3402 Kennel Gap Road, PO Box 860, Oakwood, Virginia 24631. Bids will not be accepted at Bland Correctional Center or the DOC Western Regional Office. It is recommended that you contact Buyer to schedule the delivery or if mailing, the expected delivery date and method of mailing.

See Attachment D for sample bid submission envelope label.

PIM #98-042 2 of 35 Rev Sept 2023

Bidders must be registered in eVA in order to submit and upload an electronic bid within eVA. The following are instructions for submitting an electronic bid within eVA:

1. Go to eVA.virginia.gov;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and

4. Click on Viewing and Responding to Solicitations. If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time.

All inquiries for information should be directed to Kimberly Whitt at 276-498-8122 or

Kimberly.Whitt@vadoc.virginia.gov. Email is preferred.

The attached Bid Form shall be used for submitting bids. The Bid Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.

Important Note: All bidders are responsible for checking the status of the solicitation on eVA (electronic Virginia Business

Opportunities) on a regular basis for any updates, changes, addendums, etc.

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.

Kimberly Whitt, VCO Buyer Specialist

INSTRUCTIONS TO BIDDERS:.

1. To include in bid submittal:

Attachment A: Bid Form and Addenda, if issued – Completed and Signed

Attachment B: Supplier Diversity & Small Business Subcontracting Plan – Completed

Attachment C: State Corporation Commission – Completed

Attachment F: Checklist to determine if employees of the Contractor will be required to complete a Sexual

Harassment Training if awarded contract - Completed

2. Submit an electronic bid or submit bid package to Kimberly Whitt at Virginia Dept. of Corrections, Keen

Mountain Correctional Center, P. O. Box 860, 3402 Kennel Gap Road, Oakwood VA 24631.

file:///C:/Users/kra81604/Downloads/eva.virginia.gob https://eva.virginia.gov/i-sell-to-virginia.html https://eva.virginia.gov/supplier-training-materials.html https://eva.virginia.gov/supplier-training-materials.html mailto:Kimberly.Whitt@vadoc.virginia.gov

PIM #98-042 3 of 35 Rev Sept 2023

TABLE OF CONTENTS

I. PURPOSE PAGE 4

II. SCOPE OF WORK PAGE 4

III. PREBID CONFERENCE PAGE 7

IV. GENERAL TERMS AND CONDITIONS PAGE 7

V. SPECIAL TERMS AND CONDITIONS PAGE 16

VI. METHOD OF PAYMENT PAGE 22

VII. ATTACHMENTS PAGE 23

PIM #98-042 4 of 35 Rev Sept 2023

I. PURPOSE: The purpose of this IFB is to establish a term contract with one Contractor to provide refuse hauling and disposal services, and scrap metal recycling as outlined in Section II at Bland Correctional

Center, hereinafter referred to as “the Agency” or the “DOC”. The Contractor shall manage, coordinate, and furnish all supervision, labor, tools, equipment, materials, and incidentals needed to provide services in accordance with all federal, state, and local laws and regulations.

II. SCOPE OF WORK:

A. Contractor Responsibilities for Refuse Removal

1. The Contractor shall provide all labor, equipment, materials and incidentals necessary for the collection, compaction, and removal of refuse from Bland Correctional Center.

Landfill fees (i.e., Tipping fees) are expected to be a pass through of the actual cost and the price can be increased/decreased accordingly with documentation of such increase/decrease.

2. The contractor shall provide watertight, leak proof, rodent proof, fly proof, durable containers with tight fitting covers for the collection and storage of refuse. The dimension of the container shall allow easy access. Bland Correctional Center, at its sole discretion, can reject any bid offering equipment deemed by the Agency to be less than equivalent to specifications request by the Agency. All equipment shall be painted one color, Forest Green, or another color approved by the agency.

3. The contractor will provide one (1) 36 cubic yard self-contained compactor with standard equipment, advance warning light, immersion oil heater, low voltage, interlock with handrails. Compactor will be outside compound fence.

4. The contractor will provide a minimum of two (2) 30 cubic yard open top containers for use on a yearly basis. Upon request by the agency, the contractor will provide additional containers as needed. The monthly rate for an individual container shall be determined by the unit price indicated in the bid. Anything less than a full month shall be prorated at the rate per container quoted in Section VII, Attachment A – Bid Form, Paragraph

5, Pricing Schedule, Page 25 listed as Rental - One (1), 30 Cubic Yard Open Top

Container. Containers will be outside compound fence.

5. Compactor and containers to be installed and maintained by contractor. Contractor may be asked to move containers to different locations on the complex. This shall be done at no charge to the Agency.

6. The contractor shall be responsible for providing and installing any electrical or hydraulic hardware and controls to make the units functional. The contractor shall be exclusively responsible for rendering the compactor/container operational.

7. Electrical hook-up to be connected to power source shall be supplied by the customer and must be within 10 feet of the compactor. Available voltage at the institution is 208 volt, 60 cycles, 3 phase.

8. The units shall be equipped with ozone generating odor control system.

PIM #98-042 5 of 35 Rev Sept 2023

9 All equipment provided shall be new and/or in excellent working order and shall meet and/or exceed present OSHA standards. The compactor shall have the following safety and operation controls: safety retract start, deadman selector ram stop switch on the outside compactor only, auto shut-off and keyed jog controls as a standard feature.

10. Contractor shall maintain the equipment in excellent working order. The contractor shall provide regular six months preventative maintenance on the equipment. Service call response time shall be a maximum of eight hours.

11. All refuse shall be collected and disposed of in a manner conforming to the rules, regulations and procedures prescribed by any laws governing such disposal.

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12. The Contractor shall provide documentation that the landfill or transfer station used has been approved by the Department of Health or the Division of Waste Management of the

Department of Environmental Quality. The Contractor shall be responsible for the complete recovery and proper disposal of any trash or refuse collected under this contract.

13. The Contractor shall provide competent driver(s) who possesses a valid Virginia Certified

Driver’s license for the type and size of vehicle being operated and adequate number of personnel on each hand/auto loaded compactor truck to ensure that trash and refuse are loaded properly and to insure cleanliness of the trash staging area. The Contractor shall insure that employees are uniformed and identified as employees of the Contractor.

14. The Contractor shall provide pick up service for the compactor weekly, pick up service for the containers will be based on agency needs. Currently, the compactor pick up is once a week on Friday morning and averages eight (8) tons per pick up. The Agency reserves the right to increase or decrease the number of pick-ups as necessary based on inmate population.

Additional pick- ups may be necessary and shall be accomplished by the Contractor within one

(1) working day following verbal notification to the Contractor by the Agency. Except for emergency situations, pick-ups will not occur on Saturdays or Sundays. Pick-up on state holidays is discouraged but may be allowed if the Agency and the Contractor mutually agree in advance. If the Agency determines that extra pick-up services are needed, the Contractor shall be compensated at the rate per container quoted in Section VII, Attachment A – Bid Form, Paragraph 5, Pricing Schedule, Page 25 listed as Flat Rate to Haul and Dispose of Refuse.

15. The Contractor shall place the container in an area designed or pre-determined by the Agency.

The Agency reserves the right to change container locations at any time during the contract period at no additional charge.

16. The contractor shall maintain the containers physical appearance and material condition in an excellent state of repair, repaint containers as necessary, and provide substitute containers when maintenance or repairs are being performed. The contractor shall exchange containers at no additional cost, at the Agency’s sole discretion, if the Agency determines containers are unsightly, damaged, or unusable.

17. Transportation to the approved landfill site or transfer station shall be accomplished by the contractor using vehicles that insure there will be no spillage of trash and refuse, both during loading and transporting. If spillage occurs, the contractor shall assume all liability to pick up spilled or overflow trash and refuse.

PIM #98-042 6 of 35 Rev Sept 2023

18. The contractor shall be responsible for cleaning up and removing any spillage or leakage in accordance with State and Federal environmental regulations.

19. The Contractor agrees to follow all Security Regulations of the Agency in accordance with

Attachment E, Security Rules and Regulations.

20. The Contractor shall be responsible for any and all CITATIONS received.

21. Should inclement weather conditions or challenges beyond the control of the Contractor interrupt or delay service, the Contractor shall:

a. Advise the Agency of the stoppage or delay in service by phone and email, and

b. Advise the Agency of the alternate pick-up date.

22. The Contractor shall have on hand at all times necessary vehicles and equipment as shall permit the contractor to adequately and efficiently perform the service described herein.

23. The Contractor shall take reasonable precautions to prevent damage to roadways maintained by Virginia Department of Transportation (VDOT) or Department of Corrections (DOC) when accessing containers. Should damage to roadway(s) occur, report incident immediately to administration, then appropriate agency(s) will be notified.

Contractor will be responsible for damages to roadways.

24. The Contractor shall provide Emergency phone numbers for nights, weekends and holidays.

25. The Contractor shall provide agency with original weight tickets from landfill or transfer station. The Contractor shall submit an invoice for services provided monthly to the Bland Correctional Center Business Office for processing and shall be accompanied by copies of all landfill or transfer station disposal tickets, which must include separate totals of tonnage disposed of from each container. Bland Correctional Center may pay by credit card at no extra fee if the Contractor accepts VISA credit card as a method of payment.

26. Upon award, bidder must provide Certificate of Insurance with the agency listed as a certificate holder in accordance with Section IV, General Terms and Conditions, Paragraph

Q, Insurance, Page 12.

B. Contractor Responsibilities for Scrap Metal Recycling

1. The contractor will pick up scrap metal recycling at Bland Correctional Center.

2. The contractor will pay Bland Correctional Center 50% of the selling price for all types of recycle materials.

3. The contractor will pay Bland Correctional Center for recycle materials received at the negotiated rate within 21 days of the materials being received at the contractor’s location.

Checks shall be made out to “Treasurer of Virginia”.

4. The contractor will provide Bland Correctional Center with two (2) open top containers at no cost. A 30 cu yard open top container will be used by Bland Correctional Center to collect general scrap metal for disposal. A smaller, approximately 8 cu yard, open top container will be used by Bland Correctional Center to collect copper, aluminum, stainless steel, and other high grade scrap metal.

PIM #98-042 7 of 35 Rev Sept 2023

5. The contractor will take the scrap metal to the metal recycler at no charge to Bland

Correctional Center and leave an empty container at Bland Correctional Center.

6. The contractor will provide Bland Correctional Center with a copy of the weight tickets and the sales receipt from the metal recycler.

7. The scrap metal will be sold and the proceeds will be split 50/50 between Bland

Correctional Center and the contractor.

8. The contractor will provide Bland Correctional Center with a check for said amount within 7 days of scrap metal being picked up at Bland Correctional Center.

Bid price will be a flat rate per month and per pickup. Contractor shall invoice for all landfill fees as a pass through charge at actual cost. Agency does not know how many hauls will be needed in the year or the amount of tonnage. Bland Correctional Center will estimate an amount of these services for a year when issuing a purchase order through eVA.

SPECIAL USE TERM

This contract will also provide the ability for Bland Correctional Center to request a spot bid/quote for “other”

.services that the vendor is licensed to perform related to refuse removal such as disposal of tires etc. This will be on a “spot” basis and Bland Correctional Center reserves the right to obtain quotes from or use vendors for these “spot” disposal services. Pre-Approval must be received in advance by the contract administrator. A written quote must be given to the contract administrator.

III. MANDATORY PREBID CONFERENCE: A mandatory prebid site visit will be held at January 17, 2024 at 11 AM EST at Bland Correctional Center, 256 Bland Farm Road, Bland VA 2461. Contractors are to meet at the Assembly Room located at the second building on the right after crossing bridge. The purpose of this site visit is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Contractors that attended the mandatory prebid conference on November 28, 2023 for previous IFB for this service are not required to attend this meeting.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid.

Bids will only be accepted from those bidders who are represented at this prebid conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted after 11:05 AM EST.

Contractors must register by Tuesday, January 16th, 2024, 2:00 pm with Kimberly Whitt, Buyer

Specialist at Kimberly.Whitt@vadoc.virginia.gov or phone number 276-498-8122 in order to be eligible to attend. Anyone who does not register will not be allowed to attend. In case of inclement weather, meeting will be rescheduled, and registered contractors will be contacted with new date.

Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

mailto:Kimberly.Whitt@vadoc.virginia.gov

PIM #98-042 8 of 35 Rev Sept 2023

IV. GENERAL TERMS AND CONDITIONS

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

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

7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors

Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eVA.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the

Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution

(ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the

Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

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

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

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

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

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.

file://///hqatmore1/Procurement/Boilerplates/eva.virginia.gov

PIM #98-042 9 of 35 Rev Sept 2023

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human

Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

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

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

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

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

$10,000:

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

Reform and Control Act of 1986.

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

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

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

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have

PIM #98-042 10 of 35 Rev Sept 2023 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/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number

(for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

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

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

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

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351. The

PIM #98-042 11 of 35 Rev Sept 2023 provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

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

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF (BIDDERS/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the

(bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The

Commonwealth reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such

(bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) is properly qualified to

PIM #98-042 12 of 35 Rev Sept 2023 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

PIM #98-042 13 of 35 Rev Sept 2023 price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors

Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

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

Q. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-

800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance 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.)

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA

(eVA.virginia.gov) for a minimum of 10 days.

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

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

PIM #98-042 14 of 35 Rev Sept 2023

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.

All employees of the Contractor, or its Subcontractors, assigned to this contract and who interact with any DOC offender or work within any DOC location, including but not limited to any correctional facility, detention center, diversion center, probation and parole office, central or regional office, will be subject to pre-employment drug screening conducted by DOC personnel within the respective facility or office.

All employees of the Contractor, or its Subcontractors, having direct contact with offenders, shall be free from the influence or effects of illegal drugs and will be subject to the DOC’s drug procedures for reasonable suspicion drug and alcohol testing, and post-accident drug and alcohol testing conducted by DOC personnel within the respective facility or office. The Contractor shall be responsible for periodic random drug testing their employees and shall notify the applicable

Organization Unit Head of any positive tests.

The Contractor will be notified of any positive tests conducted by the DOC. Based on the positive alcohol or drug test, the Organizational Unit Head may bar the employee entry into the DOC location or from providing services to the DOC, regardless of disciplinary action taken by the employer. All costs associated with required drug and/or alcohol testing conducted at a DOC facility or work location may be charged back to the Contractor.

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

U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND

ORDERS:

PIM #98-042 15 of 35 Rev Sept 2023

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

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

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

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

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

2. 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.

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

W. 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 “Micro Business Set-Aside Award Priority” or

“Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro business or small businesses this include DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

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

Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business file:///C:/Users/kra81604/Downloads/eVA.virginia.gov file:///C:/Users/kra81604/Downloads/eva.virginia.gov

PIM #98-042 16 of 35 Rev Sept 2023 in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

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

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

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

Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the

Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section. This

Section creates obligations solely on the part of the contractor.

Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

V. SPECIAL TERMS AND CONDITIONS

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards.

The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to

PIM #98-042 17 of 35 Rev Sept 2023 the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

D. eVA ORDERS AND CONTRACTS: The solicitation/contract solicitation/contract will result in multiple purchase order(s) with the applicable eVA transaction fee assessed for each order.

E. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for four (4) successive one year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time of renewal.