Notary URFP 2027 Course Development Final.docx
DOCX document 138 KB Posted
- Solicitation number
- URFP-128780
- Issued by
- Virginia
About this file
This is an Unsealed Request for Proposals (URFP) issued by the Office of the Secretary of the Commonwealth, Notary Division, for the development of a mandatory Virginia Notary Public Course of Instruction and Examination required by Code of Virginia § 47.1-5.2. The Secretary of the Commonwealth seeks qualified vendors to develop comprehensive online training materials and examinations for two distinct courses: a four-hour Initial Commission Course and a two-hour Recommission Course, both to be delivered via an in-house Learning Management System. The Initial Commission Course must include one hour on real estate fraud and financial exploitation of elderly persons, with the remaining three hours covering Virginia notary laws, duties and responsibilities, best practices, verification of identity, journal requirements, notarial certificates, electronic and remote online notarization, ethics, fraud prevention, and common errors. The Recommission Course must allocate one hour to fraud and elder financial exploitation with the remaining hour covering relevant updates and advanced topics. Course materials must be flexible for delivery through cloud platforms and Commonwealth-approved systems such as Webex or an LMS, include comprehensive written examinations with randomized questions from an approved question bank, and be available in English with optional Spanish and Korean versions. The proposal submission deadline is October 14, 2026, with curriculum development required by January 1, 2027, and implementation by July 1, 2027. The contract term runs from the date of award through project completion. Virginia currently has approximately 129,000 registered notaries public served by the Notary Division.
Vendors must submit pricing proposals on the official Attachment D form with lump-sum amounts for training materials and 12-month maintenance and support, with optional pricing components for Spanish and Korean translations excluded from scoring calculations. This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when the price proposal does not exceed $10,000 for micro business awards or $100,000 for small business awards. Successful offerors must demonstrate five years of experience developing quality online education materials for adult learners, experience with state licensing or certification programs, proven expertise in creating online examinations, and timely and accurate customer service and technical support. Evaluation criteria include specific plans and technical approach (35 points), experience and qualifications (35 points), maintenance and support (15 points), and price (15 points). All vendors must register in eVA and pay applicable vendor transaction fees (1% capped at $500 for DSBSD-certified small businesses or $1,500 for other businesses per order). Offerors with more than an average of 50 employees must participate in the E-Verify program, maintain minimum insurance coverages including commercial general liability of $1,000,000 per occurrence, and comply with state anti-discrimination and drug-free workplace requirements.
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COMMONWEALTH OF VIRGINIA
Office of the Secretary of the Commonwealth
Unsealed Request for Proposals (URFP) # Online Notary Public Course Instruction and Examination Development
Issue Date: September 21, 2026
Due Date/Time: October 14, 2026
| Commodity Code: | 78570, Instructional Aids: Courses, Lesson Plans (Prepare), Programs | |
| 92416, Course Development Services |
Issuing Agency: Secretary of the Commonwealth, Notary Division 400 East Cary Street, 1st Floor, Richmond VA 23219
Contract Term: From the Date of Award through the completion of the project.
Proposal Submission: All unsealed proposals must be received by the due date and time shown for this solicitation and submitted via eVA, Virginia’s electronic procurement website. Offerors must be registered in eVA to submit an electronic proposal. Proposals will not be accepted via hard copy, email, or FAX. Any proposals submitted after the stated due date and time will not be accepted.
All Inquiries for Information Should Be Directed To: Suzanne Swinson, Assistant Director, Division of Executive Administrative Services at suzanne.swinson@governor.virginia.gov, 804-225-48939 office. All questions must be received via email by 5:00 PM by September 30, 2026. All questions must be in writing and will be answered in writing, by email or addendum.
In compliance with this Unsealed Request for Proposal (URFP) and all conditions imposed in this URFP, the undersigned hereby offers and agrees to furnish all goods and/or services in accordance with the attached signed proposal and the mandatory requirements outlined herein or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and, in any document, or schedule attached hereto is true, correct and complete.
Company Name:
Email:
Address:
Telephone:
City/State/ZIP:
Fax:
Signature:
Cell:
Printed Name:
eVA Vendor ID Number:
Title:
DSBSD Number (if applicable):
Date:
Vendor SCC ID Number:
TABLE OF CONTENTS
I. PURPOSE
II. BACKGROUND
III. STATEMENT OF NEEDS
IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS
V. EVALUATION AND AWARD CRITERIA
VI. GENERAL TERMS AND CONDITIONS
VII. SPECIAL TERMS AND CONDITIONS
VIII. PAYMENT
IX. PRICING PROPOSAL
X. ATTACHMENTS
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, or any other basis prohibited by state law relating to discrimination in employment.
I. PURPOSE:
The Office of the Secretary of the Commonwealth (SOC) is seeking proposals from qualified vendors to develop a mandatory Virginia Notary Public Course of Instruction and Examination as required by § 47.1-5.2 of the Code of Virginia by January 1, 2027.
II. BACKGROUND:
A. Overview of the Secretary of the Commonwealth: The Office of the Secretary of the Commonwealth serves as an important administrative office within the executive branch of the Commonwealth of Virginia. The Secretary is appointed by the Governor and assists the Governor in carrying out a variety of statutory, administrative, and public-service responsibilities.
Among the Office's responsibilities are appointments to state boards and commissions, restoration of rights, extraditions, service of process, authentications and apostilles, and the commissioning and administration of Virginia notaries public.
B. Notary Division: The Notary Division of the Office of the Secretary of the Commonwealth is responsible for administering Virginia's notary public commissioning program. Virginia currently has approximately 129,000 registered notaries public, making the Notary Division responsible for serving and supporting a substantial statewide population of commissioned notaries.
The Division's responsibilities include processing applications for new and renewing notary commissions; maintaining commission records; processing electronic notary registrations; responding to notary verification requests and public inquiries; providing educational information and guidance; and developing resources to assist Virginia notaries in understanding and fulfilling their statutory responsibilities.
The Division also works closely with Virginia's circuit courts, state agencies, members of the public, and other stakeholders regarding the administration of Virginia's notary laws and commissioning requirements.
C. Role and Duties of a Virginia Notary Public: A Virginia Notary Public is a public officer commissioned by the Commonwealth of Virginia to serve as an impartial and unbiased witness in the performance of authorized notarial acts. The role of a notary is to help protect the integrity of documents and transactions and to deter fraud by verifying the identity of individuals appearing before the notary, confirming their willingness to participate in the transaction, and properly completing the required notarial certificate.
Virginia notaries may perform authorized duties such as taking acknowledgments, administering oaths and affirmations, certifying copies of certain documents, and performing other notarial acts permitted under Virginia law. In carrying out these responsibilities, a notary must exercise reasonable care, remain impartial, follow all applicable laws and requirements, maintain required records of notarial acts, and safeguard the notary's seal, journal, and other credentials from unauthorized use. A notary does not determine the legality or validity of a document and may not provide legal advice or interpret the law unless separately authorized to practice law. Ultimately, a Virginia notary serves an important public-trust function by helping ensure that notarial acts are performed properly, consistently, and with integrity.
D. Legislation requiring mandatory education and examination: The 2026 Regular Session of the Virginia General Assembly included a bill which was approved that requires mandatory training for commission or recommission of a notary. Please reference the summary as passed here: HB163 - 2026 Regular Session | LIS. The curricula development must be completed by January 1, 2027, with an implementation date of July 1, 2027.
E. The Secretary of the Commonwealth intends to host and administer a Learning Management System (LMS) platform in-house and is in the process of hiring a program manager to develop, maintain, and administer continuing education courses for notary applicants, including curriculum design, updates to reflect statutory changes, delivery of training content, and oversight of related records.
III. STATEMENT OF NEEDS
Project Goals: The successful offeror shall furnish all services including, but not limited to, providing the necessary labor, materials, supervision, equipment, services, incidentals, and related items necessary to develop a comprehensive Virginia Notary Public Course of Instruction and Examination that fully complies with the requirements of § 47.1-5.2 of the Code of Virginia and is subject to the approval of the Secretary of the Commonwealth.
Curricula Development:
The selected offeror will develop a high-quality online training course based on adult learning principles that can be implemented on an in-house Learning Management System. The course should present content in a logical sequence and contain the appropriate level of detail for the audience, including effective practice exercises and job aids/reference materials.
Course Instruction Requirements The offeror shall develop separate courses of instruction for Initial Commission Applicants and Recommission Applicants that include the following course requirements:
(i) Initial Commission Course For applicants seeking an initial commission as a Virginia Notary Public or Electronic Notary Public:
| • | The course of instruction shall be four (4) hours in total, as required by § 47.1-5.2(A) of the Code of Virginia. |
| • | One (1) hour of the four-hour course shall be devoted to the topic of real estate fraud and the financial exploitation of elderly persons, including training on current trends and recognizing instances of suspected fraud or financial exploitation. |
The remaining instructional hours shall include, at a minimum:
· Virginia Notary Laws
· Duties and responsibilities of Virginia Notaries Public
· Best practices for performing notarial acts
· Procedures for notarizations
· Verification of identity
· Journal requirements and recordkeeping
· Notarial certificates
· Electronic notarization
· Remote Online Notarization (RON)
· Ethics and professional conduct
· Fraud prevention
· Common notarial errors
· Any additional topics approved by the Secretary of the Commonwealth
(ii) Recommission Course For applicants seeking recommission as a Virginia Notary Public or Electronic Notary Public:
| • | The course of instruction shall be two (2) hours in total, as required by § 47.1-5.2(B) of the Code of Virginia. |
| • | One (1) hour of the two-hour course shall be devoted to the topic of real estate fraud and the financial exploitation of elderly persons, including training on current trends and recognizing instances of suspected fraud or financial exploitation. |
Delivery Format:
· Any combination of curriculum, instructional materials, videos, slides, PDFs, etc. which thoroughly cover the course requirements.
· Course materials must be storable in cloud folders like OneDrive, Google Drive, Dropbox and similar platforms.
· Course shall be flexible for use with Commonwealth web-based or cloud-hosted system such as Virtual Instructor Led (VILT) using a Commonwealth approved delivery platform (i.e. Webex, LMS).
· Develop a comprehensive written exam covering all required course content.
· Randomize examination questions from an approved question bank.
· Establish a passing score approved by the Secretary of the Commonwealth.
· Course materials should be available in English, with optional pricing to deliver a Spanish and Koren version. Optional pricing components will not be used in evaluating pricing score.
Maintenance and Support:
The Secretary of the Commonwealth intends to host and administer a LMS platform in-house and is in the process of hiring a program manager to develop, maintain, and administer continuing education courses for notary applicants, including curriculum design, updates to reflect statutory changes, delivery of training content, and oversight of related records.
The selected offeror should have the ability to update materials, handbook references, hyperlinks, etc. when notified of Virginia law changes Proposal should include
· Established timeframes needed to correct errors or update materials as requested.
· Cost of maintenance and support options.
Contractor Qualifications: The successful offeror should demonstrate the experience below:
· Five years of experience developing quality online education materials for adult learners
· Seasoned designers with experience working with state licensing or certification programs
· Experience creating online examinations
· Proven timely and accurate customer service and technical support
IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS
0. GENERAL INSTRUCTIONS:
1. Application Date and Time of Submittals: In order to be considered for selection, an Offeror is to submit a complete response to this URFP no later than October 14, 2026. Responses received after the submission due date and time will not be accepted.
2. Application Submission: Applications shall be submitted electronically through the Virginia Electronic Procurement System, eVA. See Attachment E.
Proposal Preparation:
a) 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 purchasing agency 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 purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.
b) Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the URFP. Emphasis should be placed on completeness and clarity of content.
c) Proposals should be organized in the order in which the requirements are presented in the URFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the URFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the URFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the URFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the URFP should be inserted at an appropriate place or be 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 URFP requirements are specifically addressed.
d) As used in this URFP, 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 URFP, 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.
e) Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.
f) Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the URFP 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. If, after being given reasonable time, the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.
3. Oral Presentation: Offerors who submit a proposal in response to this URFP 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 purchasing agency and may or may not be conducted.
B. SPECIFIC PROPOSAL INSTRUCTIONS: Proposals should be as thorough and detailed as possible so that the Secretary of the Commonwealth may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:
1. Required Forms
a. Return the URFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.
b. Vendor/Offeror Data Sheet, included as an attachment to the URFP, and other specific items or data requested in the URFP.
c. Pricing Proposal
d. Proprietary Confidential Information Identification Form
e. State Corporation Commission Form
2. Response to the Statement of Needs
a. Provide a response clearly addressing each section within the Statement of Needs.
b. Describe your approach to successfully providing the services and include an outline of each training topic.
c. Describe how your firm will interact with the Secretary of the Commonwealth office during the development of the courses and related content.
d. Provide a timeline for completion of the work. Indicate the estimated number of weeks to complete the project after notice of award and if the project can be completed by January 1, 2027, for curriculum development and July 1, 2027, for implementation.
e. Though it is desired that the offeror will utilize their own workforce to perform the work, if any of the services will be subcontracted, include detailed information on the firm and their role in providing the services.
3. Experience and Qualifications
a. Describe your firm’s experience in providing the services described herein.
b. Provide details of your staff who would be assigned to the project with names, qualifications, and experience level performing the services described herein.
c. Describe your firm’s success in developing and delivering online courses for a broad population.
d. Provide a sample of previous course development work similar to what is being requested in this solicitation.
V. EVALUATION AND AWARD CRITERIA
Category Point Value
1. Specific plans and technical approach 35
2. Experience and qualifications 35
3. Maintenance and support 15
4. Price 15
VI. GENERAL TERMS AND CONDITIONS
A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.
B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, 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, veteran status, status as military family, 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 proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their 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 | |
| (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: 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 OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the 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 offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such 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 may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have. |
| Q. | INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. |
MINIMUM INSURANCE COVERAGES AND LIMITS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.
| R. | ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days. |
| S. | DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000: |
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. | ||
| T. | NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. | |
| U. | eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA 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: |
a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:
(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.
For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eva.virginia.gov.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.
| V. | AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement. | |
| X. | SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals. | |
| Y. | BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars. | |
| Z. | AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business 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. | |
| AA. | 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.
| BB. | CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services. |
| CC. | FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000: |
| During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor. |
For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
VII. 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: Selection shall be made of two or more DSBSD-certified micro business 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, provided that the price proposal is up to and including $10,000. 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 DSBSD-certified micro business offeror is fully qualified, or that one such offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. Any award to a DSBSD-certified micro business offeror pursuant to the above process may be made only if the price as negotiated remains under $10,000. 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. If the agency in its sole discretion determines that the above criteria for limiting the negotiation to micro businesses are not present, the agency shall follow the same process as specified above, but restricting the negotiation instead to DSBSD-certified small business offerors, provided that the price proposal is not more than $100,000.
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