Janitorial Services_VCCS-SSVCC-24-60782_Final.pdf

Invitation for Bid

Issue Date: March 20, 2024

IFB Number: VCCS-SSVCC-24-60782

Title: Janitorial Services

Commodity Code: 91039 – Janitorial/Custodial Services

Issuing Agency: Commonwealth of Virginia Virginia Community College System Shared Service Center Procurement Intake 147 Daleville Centre Drive Daleville, Virginia 24083

Contract Term: One (1) year with four (4) additional, optional one (1) year renewal periods.

Bids will be Received Until: April 15, 2024, at 12:00 PM local time.

All Bids must be received ELECTRONICALLY THROUGH eVA by the date and time stated immediately above.

PAPER (MAIL), EMAILED AND/OR FAXED BIDS WILL NOT BE CONSIDERED.

In lieu of a Pre-Bid Conference, questions will be accepted by e-mail to Paul Jones through March 29, 2024, at 12:00PM.

Any inquiries regarding this solicitation should be directed only to Paul Jones, Senior Contract Officer

Email: jjones@ssc.vccs.edu

A public bid opening will be held on April 15, 2024, at 12:00 PM local time virtually at the following link:

https://vccs.zoom.us/j/82264828501?pwd=MWFBakhsWGdLZXc0bkloa3lZdkp5QT09

CONTACTING ANY OTHER REPRESENTATIVE OF THE VCCS OR THE COLLEGE MAY RESULT IN THE BID

BEING DEEMED NON-RESPONSIVE

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

BID.

Name of Firm: Date:

Address of Firm:

Signature By:

eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

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

C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

mailto:mryan@ssc.vccs.edu https://vccs.zoom.us/j/82264828501?pwd=MWFBakhsWGdLZXc0bkloa3lZdkp5QT09

Janitorial Services

IFB #VCCS-SSVCC-24-60782

TABLE OF CONTENTS

IFB # VCCS-SSVCC-24-60782

SECTION #

SECTION TITLE PAGE #

COVER PAGE **

I. PURPOSE

II. OPTIONAL SITE VISIT

III. STATEMENT OF NEEDS 3

IV. GENERAL TERMS AND CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. METHOD OF PAYMENT

VII. ORDERING PROCEDURES

VIII. PRICING SCHEDULE 28

IX. Attachments to Complete and Return with Bid

1– VENDOR DATA SHEET**

2- STATE CORPORATION COMMISSION**

3- PROPRIETARY AND CONFIDENTIAL INFORMATION FORM** 31

4- SMALL BUSINESS SUBCONTRACTING PLAN**

5- PRICING SCHEDULE**

6- CERTIFICATE OF INSURANCE (EXAMPLE)*

I. PURPOSE

The purpose of this Invitation for Bids (IFB) is to establish a contract with one qualified Contractor to provide all labor, supervision, equipment, services, incidentals, and related items necessary to provide janitorial services for Southside Virginia Community College (SSVCC), Lake County Advanced Knowledge Center, located at 118 East Danville Street, South Hill, Va. 23970.

The VCCS invites any qualified offerors to respond to this IFB by submitting a bid for such work, services, and/or items consistent with the terms and conditions set forth herein.

II. OPTIONAL SITE VISIT

An optional site visit can be scheduled directly with the Site Coordinator. Please contact the Site Coordinator to schedule a date and time for your visit. All site visits must be completed by March 28, 2024. SSVCC cannot answer any questions regarding this IFB during any site visits. All questions must be submitted to the Contract Officer, Paul Jones, via email.

Lake County Advanced Knowledge Center 118 East Danville Street South Hill, Va. 23970 Office: 434.955.2252, Cell: 434.247.1429 Point of Contact: Tiffany Bacon-Broadnax - tiffany.bacon-broadnax@southside.edu

III. STATEMENT OF NEEDS

The Contractor shall furnish all services including, but not limited to, providing the necessary labor, materials, supervision, equipment, services, incidentals, and related items necessary to provide janitorial services to the facilities at SSVCC.

GENERAL REQUIREMENTS

A. CLEANING OF FLOORS: The contractor should perform the following floor care at the indicated frequencies:

1. All tile floors should be swept and mopped daily Monday-Friday (M-F), 5 days/week. This is to include all interior and exterior entrances (vestibules), training rooms and the Center for Information Technology Excellence (CITE) lab.

2. All carpeted floors should be vacuumed daily (M-F, 5 days/week) and spot cleaned, as necessary. As noted above, carpet shall be spot cleaned as necessary to remove visible spills and/or stains.

B. STRIPPING AND REFINISHING FLOORS: All tile floors to be stripped and waxed 2x per year during the August and December breaks.

C. SHAMPOOING OF FLOORS: All carpet floors to be shampooed 2x per year during the August and December breaks.

mailto:tiffany.bacon-broadnax@southside.edu

D. CLEANING OF WINDOWS: The Contractor should perform the following window, glass and mirror care at the frequencies noted:

1. Glass in interior windows and window seals to be cleaned daily (M-F, 5 days/week).

2. Glass in all entrances interior and exterior to be cleaned daily (M-F, 5

3. Mirrors in all bathrooms are to be cleaned daily (M-F, 5 days/week).

E. CLEANING OF EXTERIOR WINDOWS: All exterior windows to be cleaned 2x per year during the August and December breaks.

F. CLEANING OF RESTROOMS: The Contractor shall perform the following restroom indicated:

1. All toilets, seats, urinals, and lavatories shall be cleaned and disinfected daily (M-F, 5 times per week) in six (6) separate bathrooms.

2. All waste containers shall be emptied daily (M-F, 5 times per week) and new liners shall be placed in containers as required.

3. Towel dispensers, toilet paper, and soap dispensers checked daily and replaced, as necessary.

4. All bathroom mirrors, doorknobs and handles are to be cleaned daily (M- F, 5 days/week).

G. CLEANING OF FURNITURE AND EQUIPMENT: The Contractor shall perform the following furniture and equipment care at the frequencies indicated:

1. All desktops, tabletops, and countertops to be cleaned daily (M-F, 5

H. TRASH REMOVAL: The Contractor shall perform trash removal at the indicated frequencies:

1. All trash is to be collected, removed, and placed in the dumpster for all classrooms, bathrooms, offices, training rooms and CITE Lab daily (M-F, 5 days/week).

I. EQUIPMENT AND SUPPLIES:

1. SSVCC will not supply equipment to the Contractor. The Contractor shall be responsible for maintaining their equipment in good working condition and for keeping equipment clean and sanitary and in good operating condition.

2. The bid price shall include all paper products, batteries for dispensers, trash bags, soap, and any cleaning supplies needed to complete the job.

3. SSVCC will provide a storage space for cleaning supplies and equipment to be stored.

J. WORKING HOURS: SSVCC shall negotiate with the Contractor the period to perform work at the college. Cleaning services are required daily (M-F, 5 days/week). Below is a holiday schedule to coincide with that of SSVCC. This should be a time when project work can be performed. SSVCC will be closed on the holidays listed below.

a. New Year’s Day

b. Martin Luther King, Jr. Day

c. Memorial Day

d. Juneteenth

e. Independence Day

f. Labor Day

g. Election Day

h. Thanksgiving Day

i. Christmas Day

j. Or any day so appointed by the Governor of Virginia or the President of the United States

K CONDUCT OF EMPLOYEES:

1. SSVCC reserves the right to request the removal of any of the Contractor’s employees from SSVCC’s premises at any time for reasonable cause. Any such request will be made only to the Contractor or his supervisory personnel. Any action by the Contractor’s employee(s) that derogates SSVCC’s security or order shall result in the removal of the employee(s) from Contractor’s work force. Such action includes but is not limited to:

a. Employee in any portion of any building in which his/her presence is not required by his/her work.

b. Employee using any telephone except those designated for use by the Contractor's employees.

c. Employee using any office equipment or supplies in the office areas.

d. Employee opening any drawers, cabinets, files, etc., or reading or removing any letters, documents, etc. which have been disposed of in trash containers.

e. Employee engaging in any loud, boisterous, or disruptive conduct.

f. Employee loitering on premises or engaging in prolonged discussions with either SSVCC or security personnel.

K. ACCIDENT PREVENTION:

1. Precautions shall be exercised at all times for the protection of persons, including employees, and property. The safety provisions of applicable laws and building construction codes shall be observed. The provisions of rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia issued by the Department of Labor and Industry under Title 40.1-22 of the Code of Virginia shall apply to all work performed under this contract.

2. All machinery, appliances, and equipment furnished under the contract or used in performance of the contract, shall be protected by adequate safety devices as required by the rules and regulations governing safety, as adopted by the Safety and Health Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1-122 of the Code of Virginia.

L. PROTECTION OF WORK AND PROPERTY:

1. The Contractor shall protect SSVCC's property from injury or loss in connection with this contract. The Contractor shall make good any such damage, injury, or loss, except such as may be caused by agents or employees of SSVCC. Any loss or damage to property in the building or to the building caused by the Contractor or its employee shall be promptly repaired or replaced to the satisfaction of SSVCC at the expense of the Contractor. Failure on the part of the Contractor to repair or replace lost or damaged property within forty-eight (48) hours conveys the undisputed authority to SSVCC to contact an independent contractor to repair or replace the lost or damaged property and to withhold the total sum from payment on the next billing period. An invoice, as proof of having incurred a financial obligation pursuant to this paragraph, will be provided to the Contractor by SSVCC. The Contractor agrees to accept verbal notice by SSVCC with respect to lost or damaged property and further agrees that the forty-eight (48) hour limitation will commence at the time and date of verbal notification. The Contractor shall adequately protect property as provided by law and the contract documents.

The Contractor shall exercise extreme care in handling and securing keys.

In the event that the keys are lost, immediate notice shall be provided to the Security Office. The Site Coordinator shall be notified promptly the following morning. The Contractor shall be responsible for both the cost of replacing the lost keys and rekeying those doors operated by the keys, whether the key operated an individual room, all doors in a building, or all doors on campus.

1. The Contractor shall ensure that all employees submit to a polygraph test, if requested by SSVCC. SSVCC's request will not be arbitrary, capricious or without good cause.

2. In an emergency affecting the safety of life or property, the Contractor, without special instruction or authorization from SSVCC, is hereby permitted to act, at his or her discretion, to prevent such threatened loss or injury. The Contractor shall so act, if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined by mutual agreement.

M. INSPECTION AND PERFORMANCE: The Site Coordinator will conduct inspections of the Contractor's work assuring complete compliance with the terms of the contract. The Coordinator is not authorized to revoke, alter, or waive any requirements of the contract. The Coordinator is authorized to notify the Contractor's supervisors of deficiencies and/or any failure by the Contractor's personnel to comply with the specifications. Any such deficiency or failure to comply with the specifications shall be corrected within two (2) working days or the Contractor shall be given a written notice and payment will be held until work is completed correctly. The Coordinator will not act as a supervisor for the Contractor nor interfere with the management of the Contractor's employees.

N. CONTRACTOR'S PERSONNEL:

1. Site Manager: The Contractor shall employ a full-time manager who should report at least monthly to the Site Coordinator to coordinate housekeeping functions and quality control. The Site Manager shall meet once per month with the Site Coordinator to perform a campus-wide joint inspection of housekeeping services. SSVCC may provide a telephone (for local calls only) to the Site Manager.

2. Custodians: The Contractor shall employ enough experienced custodians to adequately perform all the specified duties and services. Custodians shall become familiar with the schedule of cleaning within their assigned areas.

3. The Contractor shall furnish the names of employees who will be assigned to work at each location to the Site Coordinator. In addition, the Contractor shall provide information on the make, model, and license tag of each employee's vehicle. This list shall be revised and updated as employees are added or deleted.

4. All proposed employees of the Contractor shall be approved by the Site Coordinator prior to working at SSVCC.

O. SPECIAL OR EMERGENCY CLEANING: When directed by the Site Coordinator, by written or verbal order, to clean any area required for a special occasion, due to an emergency or mishap, or to strip and finish floors in addition to times scheduled, the Contractor shall furnish all supplies, materials, labor, and supervision as required to fulfill the requirement. The Contractor shall be paid for these special or emergency cleaning situations based on the square footage rate submitted in Attachment 5, Pricing Schedule.

P. INCLEMENT WEATHER: When SSVCC employees are dismissed early due to weather conditions, the Contractor should make every reasonable effort to provide cleaning services. In the event cleaning services cannot be provided, the Contractor shall deduct a pro-rated amount from the monthly invoice for each day service is not provided. If the situation occurs on a Friday or a day preceding a holiday, the Contractor shall make every effort to provide janitorial services over the weekend or holiday at no additional cost to SSVCC.

Q. LEVEL OF SERVICE: The Contractor shall provide a level of cleaning that is at least equal to standards defined by the Building Service Contractor's Association (BSCA) for Prestige and Adequate cleaning.

1. Prestige: A cleaning standard that shall provide unsolicited compliments from employees or visitors and shall make the cleaning complaint a rarity.

This level of cleaning is required for corridors, lobbies, libraries, public areas, rest rooms, eating areas, president's office, vice-president’s offices, and other college offices.

2. Adequate: A cleaning standard that shall provide neither compliments nor serious criticism. This level of cleaning is required for faculty and staff offices, classrooms, work rooms, and laboratories.

3. In the event of conflicts in these specifications, the most stringent requirement shall apply.

R. STAFFING LEVEL AND WAGES:

1. Payment to the Contractor should be based upon working the specified number of man hours. If the specified number of man hours is not worked, the Contractor should deduct a pro-rated amount from the monthly invoice corresponding to the shortfall in man hours. A summary timesheet listing each employee and hours worked, signed by the Site Manager should be submitted with each monthly invoice to substantiate the number of man hours worked.

2. The Contractor should provide sufficient wages to minimize turnover and attract qualified personnel.

S. MISCELLANEOUS: The Contractor shall insure that employees extinguish all lights in classrooms and offices and lock all doors in all spaces when work is completed.

T. REPORTING AND DELIVERY REQUIREMENTS:

The contractor should provide, upon request by the Site Coordinator, a monthly status report to the Site Coordinator which includes, at a minimum, a breakdown of cleaning tasks accomplished and any special cleaning activities.

Bids should at a minimum address the following:

a. Number of employees assigned to each area.

b. Name, address, and telephone number of assigned Site Manager.

c. Name, address and telephone number of Supervisor and assigned supervisory functions.

d. Schedule of cleaning functions, including dates for other than nightly functions, which will be performed during the period of the contract.

This schedule shall be approved by SSVCC. If the Contractor does not submit a schedule, SSVCC shall prepare one and the Contractor shall be held responsible for compliance.

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.

1.

https://eva.virginia.gov/index.html

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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, 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 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. 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.

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

c. All goods or services provided under this contract or purchase order, which 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) 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. 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:

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

ii. 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 electronic and credit card payments.

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

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

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND

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

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to 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 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’s decides to issue a notice that requires an adjustment to compensation the contractor 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 shall be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

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

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

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.)

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

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 (www.eva.virginia.gov) for a minimum of 10 days.

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term http://eva.virginia.gov/ of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

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

Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

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

The following Special Terms and Conditions will be incorporated into any contract resulting from this solicitation. If an Offeror includes any other terms and conditions in its proposal, the VCCS reserves the right to accept or reject any such terms and conditions, to modify them through the negotiation process, and/or to consider those in the evaluation scoring of the proposals.

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 OF CONTRACT: 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.