IFB - VDH-25-018-0002 Mount Roger Mobile Clinics.pdf

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VIRGINIA DEPARTMENT OF HEALTH

OFFICE OF PROCUREMENT AND GENERAL SERVICES

109 GOVERNOR STREET, RICHMOND, VIRGINIA 23219

INVITATION FOR BIDS (IFB)

Issue Date: 7/1/2024 IFB No. VDH-25-018-0002

Title: Purchase and Outfit a 26-foot Commercial Vehicle/Mobile Clinic

Commodity Code: 07155, 07177

Issuing Agency: Commonwealth of Virginia Virginia Department of Health

Office of Purchasing and General Services (OPGS) 109 Governor Street 12th Floor, Room 1214 Richmond, VA 23219-0331

Using Agency And/or Location Mount Roger Health District

Period of Contract: All work must be completed and invoiced no later than January 31, 2025

Sealed Bids Will Be Received Until 1:00 PM (EDT) August 5, 2024

For Furnishing the Goods/Services Described Herein and Then Opened in Public.

All Inquiries for Procurement Information Should Be Directed To: Delores Kear, Procurement Officer II Phone: (804) 864- 7260 or Email: delores.kear@vdh.virginia.gov.

All Bids must be submitted electronically in accordance with the instructions provided within this document.

In Compliance with This Invitation for Bids and To All the Conditions Imposed Therein, The Undersigned firms hereby offers and agrees to furnish all goods/services required by this IFB at the prices indicated in the pricing schedule, Attachment G. IFB Bid Sheet, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct and complete.

Virginia Contractor License No. _____________________ * DSBSD-certified Small Business No. ________________

Class:_____________________________Specialty Codes: _______________________________________________

Name and Address of Firm:

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

*PREBID CONFERENCE: A virtual optional pre-bid conference will be held Monday July 15, 2024, at 10:00 A.M. (See Section V for more information).

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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.

TABLE OF CONTENTS FOR IFB # VDH-25-018-0002

I. PURPOSE::

II. STATEMENT OF NEEDS (SPECIFICATIONS):

III. BID PREPARATION AND SUBMISSION

INSTRUCTIONS………………………………………………….8

IV.REPORTING AND DELIVERY INSTRUCTIONS:

V. PRE-BID CONFERENCE:

VI. GENERAL TERMS AND CONDITIONS:

VII. SPECIAL TERMS AND CONDITIONS:

VIII. METHOD OF PAYMENT:

IX. BID SHEET:

X. ATTACHMENTS:

A. Conflict of Interest Statement B. IFB Bidder Company Information C. State Corporation Commission Form D. Small Business Subcontracting Plan E. IFB Written Question Example F. Bid Submission Electronic G. Bid Sheet

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I. PURPOSE:

The purpose of this Invitation for Bids (IFB) is soliciting sealed bids from qualified vendors that will result in a one-time purchase and outfitting of two (2) new 26-foot mobile medical clinic unit Ford E450 Cut Away Cab Chassis.

The award(s) will be made to the lowest responsive and responsible bidder(s) meeting the requirements of the solicitation.

II. STATEMENT OF NEEDS:

A. Overview

The Virginia Department of Health needs the services of a contractor to provide two new 26-foot mobile medical clinic unit to be used for outreach, mobile clinics, and mobile command center in the event of a large-scale event or emergency for the Mount Rogers Health District.

B. Mobile Medical Clinic Unit Desired Features

BASIC VEHICLE DIMENSIONS

Exterior Width: 96" Exterior Length: approximately 25'

CHASSIS TYPE

E450 - Cut Away Cab Chassis Standard Trim Power Windows Power Locks

AXLES

Front: 5,000 lbs. capacity Twin- I - Beam front axle. Independent suspension with anti-rollbar, HD Shocks. Rear:

9,600 lbs. capacity Full floating axle.

BRAKES

Heavy Duty power disc brakes: ABS 4-wheel disc w/hill hold assist.

ENGINE

7.3L V8 OHV 16-valve V-8 Engine Cruise Control

GVWR

14,500 lbs.

Payload 9,060 lbs.

SEATS

Standard vinyl bucket seats

SPRINGS, FRONT AND REAR

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Front: 5,000 lbs. Capacity front coil spring Rear: 9,600lbs. Capacity single stage multi-leaf rear springs

STEERING

Power Steering

TRANSMISSION

6-speed automatic transmission with overdrive.

OTHER

• 2 full set of keys

• Alarm system with door sensors

• Backup camera

• Hitch and cargo carrier

EXTERIOR LOCKING STORAGE COMPARTMENTS:

Storage for non-consumables – Two to Three locking compartments as space allows.

REGARDING STEPS:

Steps need to be built into the unit (non-removable) and not a separate feature. They should either be built into the structure/design of the unit or work in an automated fashion (ie. push-button, remote, etc.). Staff operating the unit may have limited capabilities, so we would like the setup process to be as easy as possible. Handrail required.

CONSTRUCTION -

• 17'L X 96" W X 84"H Aluminum Sheet and Post; Fiberglass body is acceptable.

• Substructure/Flooring: 5" tube shaped long sills, 3" formed channel crossmembers on 16" centers, pneumatically fastened 1/18" laminated hardwood floor, flat floor design.

• Sidewall construction: .040 white aluminum skin fastened by rivets approximately every 48", Z shaped galvanized side posts on 16" centers, no plywood lining, no tie rings.

• Side skirting: 15" wide, .063 pre-painted white aluminum, full length

• Front wall: 3/8" FRP construction, no set back wall (full cab cutout), 5" extruded aluminum vertical corners extended for side skirting, roof cut out, fiberglass wind fairing with grey colored ABS interior liner, fiver amber marker lamps in fiberglass f airing.

• Rear section: steel constructed rear section with white enamel finish, sill flush with floor, water trough incorporated, rear LED stop/turn/backup lamps located inside posts, extended for side skirting, deleted roll up rear door, install solid ½" FRP filler panel, delete Rockport decals, delete grab handles.

• Roof: one-piece .032 aluminum roof, roof bows on 16" centers, recessed LED clearance lamps, delete dome lamps and switches

• Bumper: minimal step bumper, treadplate aluminum with license plate recess and illumination lamps

• Insulation: ceiling, sidewalls, and rear panel to have foamboard insulation glued in place, no liners on sidewalls, no liners on ceiling, floor insulation to be reflextex type

• Side door: located curbside 22.50" back from front wall, double aluminum stepwell, 1550 series pre-hung 36" x78" door, hinge on right side, two rubber plunger style holdbacks, two 12" x 18" fixed dark tint windows located in upper and lower structure of door.

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ADDITIONAL/EMERGENCY EXIT

Emergency exit located in exam room area as additional curbside door to allow for easy exit.

CONVERSION SPECIFICATIONS

AUDIO

Audio will provide AM/FM/Bluetooth options. Four (4) speakers shall be installed and tied to multimedia radio installed at wire entry, vehicle control panel. Two (2) volume controls shall be provided. Locations shall be determined during preconstruction process. (Speakers to be installed in lab/interview area and in exam room area.)

AWNING, ELECTRIC

An electric awning shall be installed on the curbside of the vehicle.

EXTERIOR LIGHTING

Exterior lighting to be located at rear of vehicle and exit door(s).

CABINETRY

All interior cabinets shall be constructed using cabinet grade, hardwood veneer plywood covered with high impact laminate. Customer shall choose from manufacturer's selection of colors during the preconstruction process.

ELECTRICAL SYSTEM

AC Electrical System: Shall be a 120/240 VAC system rated for anticipated conversion load. System shall include 125A rated distribution panel configured with UL listed type magnetic/hydraulic circuit breakers.

System shall be wired using UL approved, tinned copper multi-stranded boat cable. All wiring shall be color coded:

black=hot, white=neutral and green=ground. Additionally, wiring shall be labeled with machine generated, self-laminating labels, listing circuit number and/or designation at all termination points.

All wiring shall adhere to applicable NEC and FMVSS regulations.

DC Electrical System: Shall be a 12VDC negative ground system rated for anticipated conversion load. System shall include distribution panel(s) using Type 1 automatic reset circuit breakers unless connected component manufacturers specifications require other.

All added circuits shall be protected from over current by circuit breakers rated for a minimum of 125% of anticipated load. Circuit breaker functions shall be clearly designated by printed labels.

Wiring shall be labeled with machine generated, self-laminating labels, listing circuit number and/or designation at all termination points.

Interior 110 outlets – Reception area: Two, Workspace: Three, Exam Room Four, Refrigerator Outlet Exterior 110 outlets – 2(two) located curbside.

GENERATOR

Minimum size generator - 5500 Watt

GENERATOR COMPARTMENT

Adequate for the size of generator

AUXILLARY BATTERY SYSTEM

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GENERATOR CONTROLS

Generator start stop, and hour meter shall be in the front interior of vehicle.

FLOOR COVERING

Customer will choose from manufacturer's selection of colors during pre-construction process.

GRAPHICS, FULL WRAP VINYL EXTERIOR

The design, print and install of full coverage graphics package. Full coverage vinyl graphics package includes all sides and front and back covered with graphics and lettering (including cab and air dam).

Graphics will cover all windows with a perforated see-through vinyl. Design will be provided.

HVAC WITH HEAT STRIPS

Ducked - Adequate for the size and number of rooms

LEVELING SYSTEM

Heavy-duty fully automatic one-touch leveling system.

INTERIOR REQUIREMENTS

• Custom casework and cabinetry shall be installed throughout the mobile unit.

• Integrated soap, paper towel, trash/sharps containers, medical dispensers etc.

• Privacy curtain to close off cab area.

• Intake/Reception Area

• Lab area - Medical refrigerator, Stainless steel sink

• Exam Room - Provider's workstation, stool, exam table, exam light

• Restroom – Located outside the exam room with specimen pass thru to lab area. Handwashing sink located outside the restroom.

SHORELINE CORD

Heavy-duty rubber covered 120/240-volt shoreline twist lock cord - 25' minimum length.

MOUNTED SAFETY EQUIPMENT

• Carbon Monoxide Detector • Smoke Detector • 5 lb. Fire Extinguisher • Reflective Triangles

• First Aid Kit

EXAM ROOM ITEMS

Mounted Diagnostic Set (Similar to Welch Allyn Green Series 777) Exam Table (Similar to Midmark Ritter 224) Stool Eye Wash Station First Aid Kit

WIFI SYSTEM

Router with embedded modem; Wall mountable

PLUMBING

• 12V water pump • Fresh/Wastewater System

• On-demand hot water heater

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• Dump hose with adapter

• Fresh/Black water tanks with heater and monitor

WARRANTY

Chassis: Minimum of 3 Years/36,000 Miles Bumper to Bumper: 5 Year/60,000 Miles Powertrain Specialty Components installed specifically for vehicle: Minimum of 2 years HVAC: Minimum of 2 Years Generator: Minimum of 2 Years Warranty Service Facilities must be located within 100 miles of the delivery location; within the Commonwealth of Virginia.

DELIVERY DISTANCE

Delivery distance must be within 750 miles of delivery location.

DELIVERY

A trained driver shall deliver vehicle. Representative will train staff on vehicle, bumper to bumper.

Staff members shall be trained to operate every component on vehicle and train other staff, if necessary. No less than one full day of training.

**Any alterations to specific textile requests must be approved by end user.

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III. BID PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS:

1. IFB RESPONSE: (The following example speaks to electronic submission of documents. In the event your desired method of submission changes, please alter this verbiage accordingly.)

ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED. Bids must be submitted through the Commonwealth of Virginia’s eProcurement Portal eVA (eva.virginia.gov). Bids received via email and fax will not be accepted. If a Bidder requires assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov. No other distribution of the bid shall be made by the Bidder.

To be considered for selection, Bidders must submit a complete response contained in one single PDF to this IFB via the above-linked eVA platform. Bidders that submit a bid which contains Proprietary and/or Confidential information must also submit one additional electronic copy in which Proprietary and/or Confidential information is REDACTED. Redacted proposals shall be labeled as such.

2. BID PREPARATION:

a) Bids must be signed by an authorized representative of the Bidder All information requested must be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Bids which are substantially incomplete or lack key information may be rejected by the purchasing agency as non-responsive or non-responsible. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b) Bids should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the IFB. Emphasis should be placed on completeness and clarity of content.

c) Bids should be organized in the order in which the requirements are presented in the IFB. All pages of the bid should be numbered. Each paragraph in the bid should reference the paragraph number of the corresponding section of the IFB. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the IFB. If a bid covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The Bid should contain a table of contents which cross-references the IFB requirements. Information which the bidder desires to present that does not fall within any of the requirements of the IFB should be inserted at an appropriate place or be attached at the end of the bid and designated as additional material.

d) Prime Contractor Small Business Subcontracting Plan. For procurements over $100,000 unless a determination has been signed by the chief purchasing officer and supported by factual evidence explaining in sufficient detail why no subcontracting opportunities exist, all agencies and institutions shall include in the terms and conditions, the requirement for a Small Business Subcontracting Plan for the award of any prime contract A DSBSD-certified small business, which shall include women-owned and minority-owned businesses and businesses with DSBSD service disabled veteran-owned status when they have also received DSBSD small business certification who serves as prime contractor will receive full credit of the evaluation criteria for the Small Business Subcontracting Plan..

Prime Contractor Compliance with Subcontracting Plan Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall furnish monthly to the purchasing office, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan via the Subcontractor payment reporting tool accessible through the contractor’s eVA account. If a variance exists, the contractor shall provide a written explanation that shall be kept with the contract file and made available upon request. A subcontractor shall be considered a Small Business for purposes of a contract if and only if the subcontractor holds or held a certification as such by the DSBSD on the due date for receipt of bids or proposals (if the subcontractor was included in the originally

9 | P a g e submitted small business subcontracting plan) or on the date the parties’ amend the contract to add a new subcontractor to the contract’s small business subcontracting plan). The purchasing agency shall confirm that the contractor has certified compliance with the contractor’s submitted Small Business Subcontracting Plan or receipt of a written explanation of the variance, before making final payment.

Prime Contractor Subcontractor Reporting All prime contractors shall report subcontracting activities in accordance with Special Terms and Conditions. The contractor shall furnish monthly to the purchasing office, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan via the Subcontractor payment tool available through the contractor’s eVA account.

e) As used in this IFB, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the IFB, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of a Bidder to satisfy a "must" or "shall" requirement shall be deemed non-responsive or non-responsible.

f) Each copy of the bid should be complete and contained in a single electronic (pdf) file. Bid files must be submitted electronically in eVA (eva.virginia.gov).

g) Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the IFB shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line-item prices, and/or total bid prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

h) LATE BIDS WILL NOT BE ACCEPTED.

3. ORAL PRESENTATION

Bidders who submit a bid in response to this IFB may be required to give an oral presentation of their proposal to the agency. This presentation is intended to provide an opportunity for the Bidder to clarify or elaborate on the bid. Presentations are fact finding and explanation session only. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

4. SITE VISIT:

Bidders who submit a bid in response to this IFB may be required to conduct a site visit. Site Visits are an option of the purchasing agency and may or may not be conducted.

5. CONTRACT ADMINISTRATION

The Department will assign a Contract Administrator to oversee the contract. The Contract Administrator is responsible for making sure that the services are provided in accordance with the terms of the contract and cannot make any changes to the contract. Any changes to this contract shall be in accordance with Section VI, Paragraph O, of this contract and will come from VDH’s Office of Procurement and General Service (OPGS).

B. SPECIFIC BID INSTRUCTIONS:

Bids should be as thorough and detailed as possible so that the Virginia Department of Health may properly evaluate your capabilities to provide the required goods/services. Bidders are required to submit the following items as a complete bid:

1. The IFB cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

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2. Completed Vendor Data Sheet (Attachment A) and other specific items or data requested in IFB.

The Vendor Data Sheet should include VDH if the Bidder has held a contract with VDH within the past three years.

3. Small Business Subcontracting Plan Summarize the planned utilization of DSBSD-certified small businesses which include businesses owned by women and minorities, when they have received DSBSD small business certification, under the contract to be awarded as a result of this solicitation. This is a requirement for all prime contracts in excess of $100,000 unless the solicitation has been set-aside for small businesses, or no subcontracting opportunities exist. Complete Attachment B.

4. Fill out Virginia State Corporation Commission (SCC) Registration information (Complete Attachment C).

5. Completed Pricing Schedule

IV. REPORTING AND DELIVERY INSTRUCTIONS:

“The contractor shall provide the following documentation to (Crystal Edmonds) for approval by the agency.”

A. The contractor shall provide a (monthly) progress report to (Crystal Edmonds) outlining the following:”

1. The specific accomplishments achieved during the reporting period.

2. The specific tasks completed pursuant to the provisions of the contract and the completion dates of such tasks.

3. The projected completion dates for the remaining specific tasks required by the contract.

B. Within thirty (30) calendar days after the award completion date of the contract, the contractor shall furnish a preliminary outline of the organizational structure of the final report to (Crystal Edmonds)

1. The preliminary outline shall delineate the main topics and subtopics that will later be described in detail in the final report.

2. Beneath each topic and subtopic, the contractor shall furnish a brief narrative description of the subject matter encompassed by the topic or subtopic.

3. The agency shall have the right to edit, modify and/or rearrange the organizational structure, topics, and subtopics as it deems necessary to ensure the inclusion of all work required by the contract.

V. PRE-BID CONFERENCE: A virtual optional pre-bid conference will be held Monday July 15, 2024, at 10:00 A.M.

Join the meeting now: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Njg3Y2ZkYzQtNzk0MC00YmRkLWFiMTgtZmM2NTlkZWIxZTk1%40thr ead.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641- 5d9f386c7309%22%2c%22Oid%22%3a%227a954ea3-c567-4c72-a69b-11287a16262d%22%7d

Meeting ID: 248 879 922 685 Passcode: JNSa7z

Dial in by phone

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+1 434-230-0065,,555710765# United States, Lynchburg Find a local number Phone conference ID: 555 710 765#

Please have a copy of the solicitation. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section

7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at 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 and any litigation with respect thereto shall be brought in the 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, bidder 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.

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

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of Virginia, the CONTRACTOR certifies that the CONTRACTOR does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

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

2. To Subcontractors:

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

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

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

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

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

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

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

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

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

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

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

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

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

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

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

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

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

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

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

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

Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes

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Clause of this contract or, if there is none, in accordance with the dispute’s provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

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

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

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

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

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

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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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.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

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

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

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

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

W. NONDISCRIMINATION OF CONTRACTORS: A bidder, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract

17 | P a g e is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth.