Mirrors 2-14-2025 rm .pdf

QQ87984

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

Virginia Correctional Enterprises

8030 White Bark Terrace

North Chesterfield, VA 23237

QUICK QUOTE (UNSEALED BID)

SET-ASIDE FOR SMALL BUSINESS ENHANCEMENT AWARD PRIORITY

Solicitation Number: QQ87984

Issue Date: February 14, 2025

Title: Virginia Correctional Enterprises – Mirrors

Commodity Code: 42072-Mirrors – Not Auto

Please note: Requested supporting documentation that is not submitted electronically, or not attached to your Quick

Quote response in eVA, must be received by the Procurement Unit no later than February 20, 2025 at 2:00 P.M. in order for your bid to be responsive. Bids may be e-mail to: Rose.Mansfield@vadoc.virginia.gov or Mail to: VCE

8030 White Bark Terrace, North Chesterfield, VA 23237 ATTN: Rose Mansfield.

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 or request for proposal.

mailto:Rose.Mansfield@vadoc.virginia.gov

I. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)

The intent and purpose of the quick quote is to establish a firm-fixed price contract with one (1) qualified source for the procurement of 500 mirrors each, 3/16" thick by 12" by 30" for the use in the Virginia Correctional Enterprises (VCE) wood manufacturing facility. Virginia Correctional Enterprises (hereinafter identified as VCE) is part of the Department of

Corrections, an agency of the Commonwealth of Virginia. Greensville Correctional Center, 901 Corrections Way, Jarratt, Virginia 23870

Statement of Needs:

Contractor shall furnish 500 mirrors each, 3/16" thick by 12" by 30" for the use in the Virginia Correctional Enterprises

(VCE) wood manufacturing facility within 30 days of the delivery of a purchase order. Greensville Correctional Center, 901 Corrections Way, Jarratt, Virginia 23870

Business hours: Normal delivery hours are from 8-11 AM, 1-3 PM, Monday through Friday excluding recognized state holidays.

Delivery Location

VCE- Greensville Correctional Center

901 Corrections Way

Jarratt, Virginia 23870

POC: Steven Pierce @ 434-602-3261

Delivery Time: Thirty (30) days from receipt of purchase order.

Shipments to VCE: Shipments to VCE shall be skid packed for removal with forklift. Deliveries shall be plastic banded or shrink wrapped on skids and itemized on packing slip. Items shall be packaged in a way to protect the contents from breakage. No metal banding is permitted.

Normal delivery hours are from 8-11 AM, 1-3 PM, Monday through Friday excluding recognized state holidays.

Shipments are to be protected during inclement weather.

FOB Destination: All prices shall be FOB Destination (freight included) to Greensville Correctional Center, 901

Corrections Way, Jarratt, Virginia 23870

Inside Delivery: Prices quoted shall allow for inside delivery. It is the Contractor’s responsibility to ascertain the delivery and receiving requirement and to provide sufficient personnel to unload shipments.

II. 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.

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 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.

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: 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 Quick Quote 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, 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) within seven (7) days of the contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

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

L. QUALIFICATIONS OF BIDDERS: 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 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 may terminate this agreement after verbal or written notice without penalty.

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

R. 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.

All employees of the Contractor, or its Subcontractors, assigned to this contract and who interact with any

DOC inmate or work within any DOC location, including but not limited to any correctional facility, detention center, diversion center, probation and parole office, central or regional office, will be subject to pre-employment drug screening conducted by DOC personnel within the respective facility or office.

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

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

Contractor.

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

T. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the

Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA

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

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

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

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

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

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

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

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of

General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

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

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award

Priority” accordingly in the solicitation. DSBSD-certified micro business or small businesses this include

DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders 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.

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

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

Y. 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 impose4s the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

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

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

Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

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

Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any

Contract Worker who the Commonwealth reasonably believes to have violated this Section. This Section creates obligations solely on the part of the contractor.

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

III. SPECIAL TERMS AND CONDITIONS

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD OF CONTRACT: Award of the contract shall be made on a Grand Total basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is less than $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made on the same basis to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable.

If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made on the same basis to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. BACKGROUND INVESTIGATIONS: As defined in DOC Procedure 101.8, the DOC may require partial or limited background investigations for Contractor staff assigned to this Contract. The Contractor shall be required to pay for all background investigations processed for staff. Investigations are charged at a rate of

$90.00 for a partial background check and $50.00 for a limited background check. Fees are on a per-investigation basis and will be invoiced by DOC Accounts Receivable. Contractor employees will be required to complete the Authority for Release of Information (Form 101_F13_6-14), Attachment B). The Contractor shall allow the DOC Background Investigation Unit access to review the Contractor staff personnel and employment records.

If derogatory information is discovered during the background investigation(s), the DOC may require reassignment of Contractor staff or immediate cancellation of the Contract.

The DOC may, on an ongoing basis, require an updated VCIN report/background review at any time.

Information obtained from this investigation may result in Contractor staff’s immediate removal from state property.

The Contractor shall notify DOC Contract Administrator within 48 hours of occurrence in the event any

Contractor staff assigned to provide services to the DOC is:

• charged with a criminal offense either on or off the job;

• convicted of a criminal offense of any kind; or

• in receipt of an administrative suspension, censure or failure to renew any license, certification or professional membership that is required under the terms of this contract.

Contract award may be contingent upon the Contractor and/or Contractor staff receiving a favorable report.

Note: In the event of any staff turnover or staff reassignments, the Contractor shall notify the DOC and shall submit the appropriate background history questionnaire, authority for release of information and have fingerprints obtained for any proposed new staff member. This shall be in addition to the requirement to provide the required credentials information. The DOC Warden, Superintendent or Chief may remove any

Contractor employee that the Warden, Superintendent or Chief feels threatens the health or safety of staff/inmates/offenders, security of the facility or quality of the service provided by the Contractor.

D. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for thirty (30) days.

At the end of the thirty (30) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. DRUG FREE WORKPLACE: The Contractor’s employees assigned to this contract will be subject to a pre-employment drug screening processed by the Contractor. All contract personnel shall be subject to a post-accident drug testing and testing where reasonable suspicion exists that the terms of this clause have been violated. In addition, Contractor’s employees assigned to this contract, who work in correctional facilities, detention centers, diversion centers, probation and parole offices, and central or regional offices or with offenders, will be subject to random urinalysis testing. All required drug testing shall be paid for by the Contractor.

F. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one (1) purchase order(s) with the applicable eVA transaction fee assessed for each order.

G. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete service as stated in the Scope of Work and shall include all applicable charges; extra charges will not be allowed.

I. FRATERNIZATION PROHIBITION: The Contractor’s staff assigned to provide services to the

Department of Corrections shall not interact with offenders in an unprofessional manner. Examples of unprofessional behavior include, but are not limited to, non-work-related visits between the offender and

Contractor staff and engaging in romantic or sexual relationships with offenders.

J. HIRING PRACTICES: In the event a Contractor proposes to employ ex-offenders, the DOC may determine that it is not in the best interest to allow some ex-offenders to provide service. Some of the factors that the DOC may consider are: where the ex-offender served time, the nature of the crime and the length of time since sentence obligation was completed.

K. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

L. PRISON RAPE ELIMINATION ACT (PREA): Contractors and Contractors’ staff, who are providing services to the Virginia Department of Corrections, and who have any level of interaction or potential for interaction with inmates shall review the Prison Rape Elimination Act (PREA) http://www.vadoc.virginia.gov/procure/. Contractors and Contractors’ staff must receive training (at the

Agency location where services are to be performed) on their responsibilities, under PREA including the

Agency’s sexual abuse and sexual harassment prevention, detection and response policies and procedures

(including reporting). Contractors and Contractors’ staff agree to abide by the Agency’s zero-tolerance policy regarding fraternization, sexual abuse and sexual harassment and the obligation to report incidents.

M. PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by VCE. VCE may, at its discretion, require the contractor to provide a substitute item of equivalent or better quality subject to the approval of the VCE Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable.

N. DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of order (ARO) by the bidder. The Agency requires the bidder to deliver within a reasonable time after ARO. If the bidder does not insert a stated delivery time in the blank below, the bidder will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:

Agency’s desired delivered time: Thirty (30) calendar days ARO

Vendor stated delivery time: _______________________________

IV. METHOD OF PAYMENT

The Contractor shall submit invoices for only those goods and services ordered and received as acceptable to VCE. The invoices shall be due for payment 30 days after the invoice is received or delivery of the goods, whichever occurs last as according to the Prompt Payment Act. Invoices must include the contract http://www.vadoc.virginia.gov/procure/ number and applicable purchase order number. Failure to do so may result in delay of payment or rejection of invoices. All invoices shall be forwarded directly to the following address:

Virginia Correctional Enterprises

8030 White Bark Terrace

North Chesterfield, VA 23237

VCE may provide a credit card for payment for orders under $5.000.

The Contractor may elect to receive payment through the Commonwealth Electronic Data Interchange

(EDI) Program – https://www.doa.virginia.gov/forms.shtml#edi

ATTACHMENT A: BID FORM

Failure to complete and provide this Bid Form may result in rejection of your bid.

1. VENDOR’S PRIMARY CONTACT FOR THIS SOLICITATION:

Name: Phone:

Email:

2. VENDOR INFORMATION:

Company Name:

Phone Number:

Fax Number:

Address:

eVA Vendor ID or DUNS Number

Years in Business: Indicate the length of time the Company has been in business providing this type of good or service: ______ Years Months

3. CURRENT OR RECENT ACCOUNTS:

Indicate below a minimum of three (3) current or recent accounts, either governmental or commercial for which your company has provided goods and/or services similar in nature to the Scope of Work/Description of Items

(Specifications) in the Quick Quote solicitation. Include the length of service and the name, address, and telephone number of the point of contact.

A. Company: Contact:

Phone: ( ) Fax: ( ) https://www.doa.virginia.gov/forms.shtml#edi

E-mail:

Project:

Dates of Service: $ Value:

B. Company: Contact:

C. Company: Contact:

D. Company: Contact:

4. PRICE SCHEDULE: Any bidder who enters $0.00 on a pricing block or leaves it blank shall be considered nonresponsive.

Item Units Description of Item Price per Unit Grand Total

1.

500 Mirrors 3/16" Thick 12"X30"

ATTACHMENT B: SECURITY RULES AND REGULATIONS

The Contractor shall be responsible for ensuring that all personnel connected with the work shall comply with any and all rules and regulations of the Agency/Facility. The Contractor shall maintain proper security and control over all personnel, equipment, tools and materials at all times. The Contractor’s equipment and personnel will be subject to security checks, inventorying and other associated delays thereof.

A. There shall be no verbal discussion or physical contact between the Contractor’s employees and inmate(s).

B. Anyone bringing inmate(s) items such as, but not limited to, weapons, tools, food, drinks, clothing, cigarettes, matches, correspondence, printed or electronic media or assisting inmates to escape is a violation of State Law and will result in prosecution to its fullest.

C. No weapons, alcohol, or drugs of any type will be allowed on State Property. All medication, prescription or nonprescription is prohibited on State property unless written permission is granted by the Warden/Superintendent or

Designee.

D. Keys shall be removed from all vehicles and other mobile equipment at all times when not in operation and/or unattended. Vehicle doors and tool compartments shall be locked at all times when not in use. Ladders left on vehicles shall be securely chained and locked at all times.

E. No tools will be left unattended; when not in use, all tools and ladders will be securely locked.

F. All tools, especially any type of cutting tools, if left unattended, will be confiscated and the Contracting Supervisor shall report to the Institutional Manager or the Captain before any items(s) will be returned.

G. All security regulations shall be observed at all times. These regulations will be made known to the Contractor and his representatives by the Institutional Manager or his designee, at the point of entrance to the Institution or submitted with the contract or purchase order.

H. All persons entering the prison complex are subject to being searched.

I. There shall be limited movement to and from the work area by the Contractors and their representatives.

J. An Institutional employee will be designated as a liaison between the Contractor and Institution.

K. All Contractors’ employees will have a valid identification with photograph, acceptable to the Institution, at all times.

A valid DMV driver’s license is acceptable. No person(s) will be permitted to enter the Institution without such valid identification.

L. Smoking and the use of smokeless tobacco products are prohibited on any property owned and operated by the VADOC.

M. Contractor’s employees shall not wear revealing clothing. Contractor’s employees may wear casual dress (no jeans) that is appropriate and reasonable.

N. Pagers and cell phones will not be permitted inside the institution unless approved by the Warden or Major.

O. The Agency reserves the right to refuse entrance to anyone who appears, in the Agency’s sole judgment, to be under the influence of drugs or alcohol or otherwise impaired.

ATTACHMENT C: SEXUAL HARASSMENT TRAINING

July 12, 2022

DOC Contractor, Effective July 1, 2020, Section § 2.2-4201 of the Code of Virginia was changed to require contractors with the

Commonwealth, who have workers who spend significant time working with or in close proximity to state employees, to complete sexual harassment training developed by the Virginia Department of Human Resource

Management (DHRM).

Please use this checklist (also found on the next page) to determine if any of your employees are required to complete the DHRM sexual harassment training. If required, contractors should provide the following training video Preventing Sexual Harassment Training that focuses on understanding and preventing sexual harassment in the workplace.

The below link within the DHRM webpage provides more information regarding the training and requirements:

https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training If you have any question regarding this matter, please contact the DOC Procurement Office.

Sincerely, Christopher Cole

Director of Procurement & Risk Management https://law.lis.virginia.gov/vacode/title2.2/chapter42/section2.2-4201/#:~:text=Required%20contract%20provisions.,over%20%2410%2C000%20the%20following%20provisions%3A&text=The%20contractor%20will%2C%20in%20all,is%20an%20equal%20opportunity%20employer.

https://www.dhrm.virginia.gov/docs/default-source/hrpolicy/checklist-for-contract-workers'-required-to-complete-dhrm-sexual-harassment-training.pdf?sfvrsn=2d5160ae_0 https://www.dhrm.virginia.gov/videos/default-source/sexualharassmenttraining/preventing-sexual-harassment.mp4

ATTACHMENT D: SEXUAL HARASSMENT TRAINING (CONTINUED)

CHECKLIST TO DETERMINE IF EMPLOYEES OF THE CONTRACTOR WILL BE REQUIRED TO

COMPLETE A SEXUAL HARASSMENT TRAINING MODULE DEVELOPED BY THE DEPARTMENT OF

HUMAN RESOUCE MANAGEMENT

State contracts for more than $10,000 and contractors who employ more than 5 employees, must agree to receive sexual harassment training as required by the Code of Virginia, §2.2- 4201.

Effective July 1, 2020, the Code of Virginia § 2.2-4201 states:

“That the Department of Human Resource Management be directed to develop procedures for

(i) determining whether an employee of a contractor with state government spends significant time working with or in close proximity to state employees and (ii) if so, requiring such contractor employee to complete any sexual harassment training also provided to state employees if the contractor employee has not received such training within the calendar year in which he begins work on the contract.”

Are the contractor’s employees on-site at the state agency on a regular basis?

Yes ☐ No ☐

Are the contractor’s employees on-site periodically? Yes ☐ No ☐

Are state employees required to travel with the contractor’s employees?

Yes ☐ No ☐

Are state employees required to attend meetings with the contractor’s employees on or off-site?

Yes ☐ No ☐

Are state employees required to go to the contractor’s facilities for meetings, etc.?

Yes ☐ No ☐

Is there regular telephone, Skype, Facetime, or other similar media contact between state employees and the contractor’s employees?

Yes ☐ No ☐

Is there regular contact between state employees and the contractor’s employees by the use of e-mail?

Yes ☐ No ☐

Are other forms of electronic media such as texts, IMs, etc., used on a regular basis for communication between the state employees and the contractor’s employees?

Yes ☐ No ☐

If the answer is “yes” to any of the above questions, then the contractor’s employees must receive

Sexual Harassment training provided by the Department of Human Resource Management.

This training is available on the Department of Human Resource Management web page at www.dhrm.virginia.gov.

https://www.dhrm.virginia.gov/