LU214-26-001 Dispatch Services.pdf

Request for Proposals

RFP #LU214-26-001

Dispatch Services

March 4, 2026

LONGWOOD UNIVERSITY IS A PROUD MEMBER OF VASCUPP

This procurement is being conducted by Longwood University on behalf of all VASCUPP members

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, or any other basis prohibited by state law relating to discrimination in employment.

RFP #LU214-26-001

INCLUDE THIS PAGE WITH YOUR PROPOSAL

SIGNATURE AT SUBMISSION IS REQUIRED

DUE DATE: Proposals will be received until April 3, 2026, 2:00 PM ET (via eVA). Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

INQUIRIES: All inquiries for information regarding this solicitation should be directed to Ryan Ferebee, Fax: (434) 395-2246 email: Procurement@longwood.edu. All inquiries will be answered in the form of an addendum. Inquiries must be submitted by March 24, 2026, 5:00 PM

ET.

ADDENDUM: Any addendum issued for this solicitation will be posted on the eVA website (https://eva.virginia.gov). Paper copies will not be mailed. Offerors are responsible for checking the site for all addenda prior to submission.

PROPOSAL SUBMISSION:

Proposals shall be submitted electronically only through eVA, Virginia’s Marketplace procurement portal, at https://eva.virginia.gov. Hard copy submissions will not be accepted.

Offerors must be registered in eVA prior to submitting a proposal. It is the responsibility of the Offeror to ensure successful registration and timely electronic submission of the proposal by the date and time specified in this solicitation. Offerors are encouraged to register in eVA well in advance of the proposal submission deadline to avoid late submissions. For assistance with eVA registration or technical issues, contact eVA Customer Care at 1-866-289-7367 or eVACustomerCare@DGS.Virginia.gov.

Proposals received after the stated deadline will not be accepted. The electronic time and date stamp generated by eVA shall be the official record of receipt. Upon successful submission, Offerors will receive an electronic confirmation from eVA. Longwood will not separately confirm receipt of proposals.

In compliance with this Request for Proposals and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

AUTHORIZED SIGNATURE: __________________________ Date: ___________________ mailto:Procurement@longwood.edu https://eva.virginia.gov/ https://eva.virginia.gov/ mailto:eVACustomerCare@DGS.Virginia.gov

I. PURPOSE: The purpose of this Request for Proposals (RFP) is to solicit sealed proposals from qualified sources to establish a multi-year contract through competitive negotiations to provide Dispatch Services for Longwood University (hereinafter also referred to as “Longwood” or “the University”), an Institution of Higher Education, member institute of VASCUPP (Virginia Association of State College and University Procurement Professionals) and agency of the Commonwealth of Virginia.

II. GOVERNING RULES: This solicitation is issued in accordance with the provisions of:

a. Commonwealth of Virginia Purchasing Manual for Institutions of Higher

Education and their Vendors, Rev. July 2021 – available at: https://vascupp.org/ (incorporated by reference).

b. Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia, June 2022 – available at: https://vascupp.org/ (incorporated by reference).

c. General Terms and Conditions: The University’s General Terms and Conditions are provided as Attachment A and are incorporated herein by reference.

d. Data Protection Addendum: The University’s Data Protection Addendum is provided as Attachment B and is incorporated herein by reference.

e. Small Business Subcontracting Plan: The University’s Small Business Subcontracting Plan is provided as Attachment C.

Offerors are responsible for compliance with all applicable laws, regulations, and policies of the Commonwealth of Virginia.

III. BACKGROUND: Longwood University, founded in 1839, is the third-oldest public university in Virginia. The University serves approximately 5,000 students, offers over 100 areas of study, and has more than 34,000 alumni. Longwood maintains affiliations with regional museums and accredited art centers. The University competes at the NCAA Division I level in 14 sports.

For more information, visit www.longwood.edu.

IV. CONTRACT PERIOD: The term of this contract is for an initial term of one (1) year, with up to four (4) additional one-year renewal options, at the sole discretion of the University.

V. STATEMENT OF NEEDS / SCOPE OF WORK:

a. SCOPE OF SERVICES:

https://vascupp.org/ https://vascupp.org/ http://www.longwood.edu/

The Contractor shall provide comprehensive, continuous dispatch services in support of the University’s public safety, facilities, and emergency operations.

The contractor shall provide, at a minimum:

i. 24/7/365 Dispatch Operations – Continuous coverage for all shifts, holidays, and weekends without interruption.

ii. Call Handling – Answer, screen, and direct emergency and non-emergency calls in accordance with University policies, procedures, and protocols.

iii. Incident Management – Log incidents, dispatch appropriate personnel or notify designated responders, track incident status, and document resolution.

iv. Triage & Escalation – Assess call urgency and escalate critical incidents immediately in accordance with established University and regional emergency response protocols.

v. Communication – Maintain continuous communication with field staff and relay timely and accurate information updates as conditions evolve.

vi. Consultation on Policy and Protocol Changes – The Contractor shall consult with the University Chief of Police and/or designee regarding any proposed Emergency Communications Center policy, procedure, or protocol changes that may materially affect dispatch services provided to the University or impact campus safety operations.

vii. Clery Act Support and Emergency Notification Assistance – The Contractor shall assist the University in its efforts to comply with timely warning and emergency notification requirements under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)), as amended (the “Clery Act”). Such assistance shall include, as applicable, the prompt relay of information regarding Clery-reportable crimes, immediate notification of University officials designated to evaluate timely warnings, support for emergency notification dissemination processes, and cooperation in documenting incidents for Clery reporting and compliance purposes.

b. SERVICE REQUIREMENTS:

i. Call Types:

The contractor shall support, at a minimum, the following call and activity types:

1. Routine service requests, including but not limited to:

maintenance-related calls, door lock/unlock assistance, disabled vehicles, telephone assistance, lost and found reporting, and support for special events

2. Monitoring and documentation of routine and non-routine activities, including bank runs, illegal parking enforcement, area checks, officer status updates, and in-service/out-of-service designations

3. Efficient triage, handling, and transfer of emergency calls to appropriate emergency responders or communication centers

4. Support for critical incidents or significant event responses, including coordination with the University Emergency Operations Center and Farmville Emergency Communications Center

ii. Duty Roster: The Contractor shall maintain a current duty roster including on-duty and on-call staff; the roster shall be accessible to the dispatch team, designated University stakeholders, campus police, and the Farmville Emergency Communications Center.

iii. Call Logging: The Contractor shall provide detailed digital logging of all calls and incidents including, at a minimum: caller identification (when available), date and time of call, nature of the request or incident, actions taken, personnel notified or dispatched, resolution and closure time.

iv. Operational Standards: The Contractor shall operate dispatch services in a manner consistent with a professional public safety dispatch center and shall employ recognized industry best practices for public safety dispatch operations.

v. Confidentiality and Student Records Compliance: The Contractor shall comply with all applicable federal and state laws governing confidentiality and protection of records, including but not limited to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99, as amended. The Contractor shall not disclose student education records or personally identifiable student information except as permitted or required by law. The Contractor shall notify and consult with the University and the University Police Department prior to disclosing or releasing student records or student personal information, unless disclosure is otherwise required by law.

vi. Media and Public Information Requests: The Contractor shall direct all media inquiries, public information requests, or external communications relating to the University to the University’s Marketing and

Communications Office. The Contractor shall not independently release information to the media regarding University-related incidents without prior authorization.

vii. System Integration & Technology:

1. The solution should integrate with existing dispatch, alarm, and communications systems, subject to technical feasibility and available interfaces.

2. The Contractor shall support investigation and troubleshooting of system conflicts or failures related to integrated systems.

3. The Contractor shall clearly identify which alarms, systems, and notifications will be managed, monitored, or accessed directly by the Contractor and which will be managed, monitored, or accessed by the Farmville Emergency Communications Center. Such alarms, systems, and notifications may include, but are not limited to, fire safety systems; electronic door and lockdown systems;

panic or duress alarms; cryogenic freezer alarms; emergency equipment transmissions; and other life-safety systems.

4. The solution should minimize unnecessary redundancies while maintaining safety-focused redundancies appropriate for emergency operations.

5. The solution shall ensure full coordination with the Farmville Emergency Communications Center and integrate, as applicable, with university IT and telecommunication systems, the Central Square Records Management System, and the University radio interface infrastructure.

6. The solution shall provide deployable technology capable of operating primarily over cellular- or radio-based communications to support reliability, resiliency, and continuity of operations.

Solutions that include Wi-Fi as a secondary or redundant connectivity option are preferred.

c. PERFORMANCE STANDARDS AND REPORTING:

i. The Contractor shall answer at least 95% of emergency calls within 30 seconds, measured monthly.

ii. The Contractor shall complete 100% of critical escalations within 5 minutes, as defined by the University emergency response protocols.

i. The Contractor shall provide call recording capabilities with a minimum retention period of thirty (30) days, unless otherwise required by law or University policy

ii. The Contractor shall provide training materials and communication strategies for campus stakeholders, campus police department, and applicable regional and emergency partners

iii. The Contractor shall provide regular performance reporting, including daily, weekly, and monthly reports, that detail call volumes, response times, incident types and trends, and system availability and uptime.

iv. The Contractor shall maintain and document quality assurance processes to monitor call quality, dispatcher performance, and adherence to established operational, training, and emergency response protocols.

d. CONTRACTOR QUALIFICATIONS AND STAFFING:

The Contractor shall:

i. Demonstrate a proven record of successful 24/7 operations supporting public sector, higher education, public safety, or similar environments.

ii. Provide trained and certified dispatch personnel who have completed background checks and receive ongoing training.

iii. Identify a dedicated Project Manager and Supervisory staff responsible for contract oversight and daily operations.

iv. Describe the proposed staffing model, including staffing levels by shift, dispatcher qualifications, and use of subcontractors if any.

e. IMPLEMENTATION AND TRANSITION:

i. The Contractor shall provide an implementation and transition plan detailing project timeline and milestones, system configuration and testing, staff onboarding and training, cutover and go-live procedures

ii. The Contractor shall support parallel operations during transition from an incumbent provider to ensure uninterrupted service

iii. The Contractor shall coordinate closely with the University, campus police, IT, and regional partners throughout implementation

VI. PROPOSAL PREPARATION AND SUBMISSION:

a. GENERAL INSTRUCTIONS:

i. RFP Response: In order to be considered, Offerors shall submit a complete response to this RFP to include: One (1) electronic document in WORD format or searchable PDF of the entire proposal as one document, including all attachments must be uploaded through the eVA online submission portal. Refer to page 2 for instructions.

ii. Proposal Preparation:

1. Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in the University requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the University. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

3. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the test of the requirement as it appears in the RFP.

Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

4. As used in this RFP, 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 RFP, 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 an Offeror to satisfy a “must” or “shall” requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

5. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP 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 an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror 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 proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

iii. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the University and may or may not be conducted, therefore, proposals should be complete when submitted.

VII. EVALUATION AND AWARD CRITERIA:

a. Evaluation Criteria: Proposals will be evaluated by Longwood using the following:

Criteria Point Value

i. Organizational Capability 25

ii. Implementation and Transition Plan 25

iii. Technical Approach and Methodology 20

iv. Experience and References 10

v. Cost Proposal 10

vi. SWaM Business Participation 10

Total 100

b. Award Criteria: The contract shall be awarded to the Offeror whose proposal is deemed fully responsive, responsible, and most advantageous to Longwood University, based on the evaluation factors set forth in this RFP, including price.

Price will be considered but it is not the sole determining factor. Longwood reserves the right to cancel this RFP or to reject any or all proposals at any time prior to award. The award shall be made by execution of a contract incorporating by reference all requirements, terms, and conditions of this RFP and the successful Offeror’s proposal, as negotiated.

VIII. 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.

IX. AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

X. ADDITIONAL USERS: It is the intent of this solicitation and resulting contract(s) to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or affiliated corporations may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor(s), the resultant contract(s) will be extended to the entities indicated above to purchase goods and services in accordance with contract terms. As a separate contractual relationship, the participating entity will place its own orders directly with the Contractor(s) and shall fully and independently administer its use of the contract(s) to include contractual disputes, invoicing and payments without direct administration from the University. No modification of this contract or execution of a separate agreement is required to participate; however, the participating entity and the Contractor may modify the terms and conditions of the contract to accommodate specific governing laws, regulations, policies, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the contractor.

The University may require the Contractor provide semi-annual usage reports for all entities accessing the contract. The University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that the University is not responsible for the acts or omissions of any entity and will not be considered in default of the contract no matter the circumstances.

Use of the resulting contract(s) does not preclude any participating entity from using other contracts or competitive processes as needed.

XI. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

XII. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:

It is the goal of the University that 42% of its purchases are made from small businesses. This includes discretionary spending in prime contracts and subcontracts.

All potential offerors are required to submit a Small Business Subcontracting Plan.

Unless the offeror is registered as a DSBSD-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to DSBSD-certified small businesses. This shall not exclude DSBSD-certified women-owned and minority owned businesses when they have received DSBSD small business certification. No offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by the due date for receipt of proposals. If small business subcontractors are used, the prime contractor agrees to report the use of small business subcontractors by providing the purchasing office at a minimum the following information: name of small business with the DSBSD certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided.

XIII. OPTIONAL PREPROPOSAL CONFERENCE: An optional preproposal conference will be held at 2:00 PM ET on March 13, 2026, at Longwood University, Eason Hall, Room G08. Offerors may choose to attend the pre-proposal conference virtually via Zoom. Those that do choose this option must send a request for the Zoom link to Procurement@longwood.edu by 12:00 PM ET on March 13, 2026. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

XIV. REFERENCES: Offerors shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

mailto:Procurement@longwood.edu

XV. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for up to four (4) additional successive one (1) year renewal periods under the terms and conditions of the original contract. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

XVI. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

XVII. CONTINUITY OF SERVICES: The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees:

a. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

b. To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

c. That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

XVIII. CONTRACT ADMINISTRATION: Upon award of the contract, the University shall designate, in writing, the name of the Contract Administrator who shall work with the Contractor in formulating mutually acceptable plans and standards for the operations of this service. The Contract Administrator shall use all powers under the contract to enforce its faithful performance. The Contract Administrator shall determine the amount, quality and acceptability of work and shall decide all other questions in connection with the work. All directions and orders from the University shall be transmitted through the Contract Administrator, or their designee(s) however, the

Contract Administrator shall have no authority to approve changes which shall alter the concept or scope of the work or change the basis for compensation to the Contractor.

XIX. INVOICING AND PAYMENT: The Contractor will be paid in accordance with the Virginia Prompt Payment Act. Invoice(s) shall be submitted no later than the tenth (10th) of the month following the month in which services were performed.

Invoice(s) shall be sent to:

Longwood University Accounts Payable 201 High Street, Eason 213 A-D Farmville, Virginia 23909

XX. PRICE PROPOSAL: The Offeror shall provide pricing for all services proposed for the initial one (1) year contract term and each of the four (4) one-year renewal options.

XXI. ATTACHMENTS:

a. GENERAL TERMS AND CONDITIONS

b. DATA PROTECTION ADDENDUM

c. SMALL BUSINESS SUBCONTRACTING PLAN

Procurement Services

GENERAL TERMS AND CONDITIONS

A. PURCHASING MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia’s Purchasing

Manual for Institutions of Higher Education and Their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review at the purchasing office. In addition, the manual may be accessed electronically at https://vascupp.org.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative

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

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

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans

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

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the

Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

Attachment A

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

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

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

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their

(bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their

(bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

Virginia all rights, title and interest in and to all causes of action it may now have 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 AND RFPs (Insert wording below appropriate to the solicitation type as indicated):

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.

2. (For Request For Proposals): Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Act.

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

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the

Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

Commonwealth.

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

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

K. PRECEDENCE OF TERMS: Paragraphs A through J of these General Terms and Conditions and the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors, shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF (BIDDERS/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the Commonwealth all such information and data for this purpose as may be requested.

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

(bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

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

Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the

Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized.

A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing

Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing

Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth, after due oral or written notice, may procure them 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.

(NOT NORMALLY REQUIRED FOR SERVICE CONTRACTS)

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) 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/offeror) 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/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) 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…