PGH Mobile Xray IFB Amended Final.pdf

IFB # 121571

Issue Date: June 8,2026 IFB# ___ 121571______

Title: Imaging Services

Commodity Code: 99070

Using Agency And/Or Location Commonwealth of Virginia Where Work Will Be Performed: Piedmont Geriatric Hospital (PGH) 5001 E. Patrick Henry Hwy Burkeville, Virginia 23922 Period Of Contract: July 1, 2026 through June 30. 2027 *Renewable.

Sealed Bids Will Be Received Until 3:00 P.M. on June 24, 2026 for furnishing the services described herein and then opened in public.

Submit Comments

Questions

Interested parties may submit written comments or questions on any aspect of this IFB up to June 11, 2026 at 3:00 PM (local time). Please submit your comments and questions to Lorrie Shaffer by email:

lorrie.shaffer@dbhds.virginia.gov These questions/answers will be as an Addendum to the solicitation on VBO no later than on June 12, 2026 at 3:00 P.M. (local time)

IF BIDS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE. IF BIDS ARE HAND DELIVERED, DELIVER TO:5001 Patrick Henry Highway, Burkeville, VA 23922 Building 29 In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

LICENSED #: SPECIALTY:

Name and Address of Firm: Date:

Signature:

Printed Name:

Title:

Phone: Fax:

FEI/FIN Number 1 : E-Mail:

State Corporation Commission (SCC) Number² :

Are You A Registered eVA Procurement Vendor? Yes No Date Completed:

Are You A Certified Small, Woman, or Minority Vendor? Yes No Certification No.:

Do you accept Credit Cards (i.e. VISA) as a form of payment? Yes No

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

COMMONWEALTH of VIRGINIA Department of Behavioral Health and Developmental Services

PIEDMONT GERIATRIC HOSPITAL

5001 E. Patrick Henry Highway P. O .Box 427

Burkeville, Virginia 23922-0427

(804) 766-3392

FAX: (434) 767-2346

Emma L. Lowry, Psy.D.

FACILITY DIRECTOR/CEO

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. SCOPE OF WORK 3

IV. GENERAL TERMS AND CONDITIONS 11

V. SPECIAL TERMS AND CONDITIONS 21

VI. METHOD OF PAYMENT 25

VII. PRICING SCHEDULE 26

VIII. STATE CORPORATION COMMISSION FORM 27

IX. EMAIL BACK SOLICITATION QUESTION SHEET 28

X. REFERENCES SHEET 29

XI. SMALL BUSINESS SUBCONTRACTING FORM 30

XI. REQUIRED SUBMITTALS 32

I. PURPOSE

To solicit and contract with one (1) vendor to provide on site imaging services on both a schedule of days and on an as needed basis

II. BACKGROUND

Piedmont Geriatric Hospital residents (approximately 123) are all 65 years or older with some form of mental illness; located also in Nottoway County at 5001 E. Patrick Henry Highway, Burkeville, VA 23922.

III. SCOPE OF WORK

a. Schedule Requirements for Services/Reports:

i. The Contractor shall provide on-site medical diagnostic imaging services to patients as requested by the Agency pursuant to the order of a duly licensed and authorized physician as identified on the Physician’s order. The Contractor shall perform services in accordance with currently accepted professional standards, and all applicable federal, state and local laws and regulations. Contractor shall be available Monday through Friday, 8:00 a.m. to 5:00 p.m. and deliver x-ray(s) results by telephone the same day. The Contractor shall respond to the facility within four (4) hours of requested service(s

ii. The Contractor shall provide on-site medical diagnostic imaging services two (2) times/days per week for scheduled x-rays and PRN. The days will be determined between the vendor and our medical department. The frequency of these visits is subject to change as needs dictate and in accordance with DBHDS policy.

iii. The Contractor shall respond to the facility within 24 hours from time of call; to include reading of x-rays by licensed Radiologist.

iv. The Contractor shall respond to the facility within of 4 hours from time of call for STAT x-ray needs.

v. Contractor’s shall be equipped with Direct Radiography (DR) technology for all testing performed and process images on-site to permit the Physician the ability to view images bedside after capture or anywhere within the Agency they have access to a computer with internet access.

vi. The Contractor shall have the ability to perform Ultrasound imaging.

vii. The Contractor shall have the ability to perform EKG.

viii. The Contractor equipment shall be operated by a registered Radiology Technologist who is certified in radiology by the Commonwealth of Virginia. X-rays must be interpreted by a certified Radiologist licensed by the Commonwealth of Virginia.

ix. The Contractor shall provide all imaging reports in computerized format, including a digital format of x-ray(s). The Contractor shall provide typed signatures on all imaging reports. In addition, Contractor shall provide training to Agency physicians and staff on the process of obtaining images electronically as needed.

x. The Contractor shall make available any previous X-Ray(s) required for comparison when previous X-Ray(s) have been taken. The Contractor shall make X-Ray(s) available online or other media upon request from the Agency. All data/images sent by the Contractor electronically or faxed to the reading doctor or Agency shall only be through HIPPA secure lines.

xi. All X-Ray images and reports after development and reading under the terms of this Contract shall be the property of the Commonwealth of Virginia and considered a part of the patient’s health care records, and will be maintained at the Agency.

xii. The Contractor shall ensure that all images are readable (i.e., clear, not fuzzy or distorted) by the Radiologist prior to leaving the facility. If the Radiologist requires additional images to complete the reading, the Contractor shall take the additional images at that time and at no charge to the Agency.

xiii. All Contractor files and records are to be archived according to state and federal guidelines.

xiv. Contractor shall provide a certified Cardiologist interpretation of all EKGs.

Cardiologist interpretation may be required for Ultrasound, Arterial and Venous Doppler and 2-D Echo.

b. Personnel Requirements:

i. The Contractor shall provide all the necessary current licensed and certified personnel, equipment, and supplies required to deliver on-site mobile x-ray services as directed by the agency.

ii. The Contractor shall have only credentialed Radiologist and Radiologic Technologists that meet Joint Commission Standards, CMS Standards, State, and Federal Regulations. The Contractor shall provide proof of credentials upon request by the Agency.

iii. Employees of the Contractor shall remain licensed and/or certified throughout the term of the contract. The Contractor shall provide the names, position, descriptions and credentials (education, licensure status, competency, and acceptable findings in the National Practitioners Data Bank Inquiry and/or the American Board of Radiology, whichever is applicable) of each person employed or used by the Contractor in the provision of services under this contract at least three (3) Business Days prior to that person’s performing any services under this contract. Verification of credentials, when requested by the Agency, shall be submitted within two (2) Business Days of such request

iv. The Contractor shall notify the Agency of radiologists and radiology technologists when separated from employment.

v. The Contractor shall provide the Agency a list of privileges for each clinician.

vi. The Contractor shall provide the Agency notification of clinical privileges action against clinicians if/when they occur from Medical Boards licensure.

vii. PGH reserves the right to rely on the mobile x-ray vendor's credentialing decisions.

viii. The Contractor shall provide proof to the Agency that each Contractor personnel performing services under this Contract has current, up-to-date immunizations and infection control screenings, to include, but not limited to an annual tuberculosis screening and medical examination, by at least three (3) business days before he or she begins provision of services under this Contract.

ix. All personnel required to provide services under this Contract shall perform continuously for the duration of the Contract, and for so long as performance is satisfactory to the Agency. If performance of any personnel is not satisfactory, the Agency will give written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). The Contractor shall respond with a written remediation plan within three (3) business days and implement the plan immediately upon written acceptance by the Agency. If performance issues persist, the Agency will request the immediate removal of the person(s) whose performance is at issue and the Contractor will send another person(s) after prior approval of Agency.

x. Except as provided above, the Contractor may not substitute personnel, other than by reason of an individual’s death, sudden illness, planned leave, or termination of employment. To replace any personnel, the Contractor shall submit the resumes of the proposed substitute personnel to the Agency for approval at least two (2) weeks prior to the effective date of substitution. To ensure continuity of services by the appropriate licensed/certified personnel, all proposed substitute personnel shall have qualifications at least equal to those of the replaced personnel, and shall be approved by the Agency prior to working on the Contract.

c. Accreditation/Performance Review Requirements:

i. The Contractor shall be Joint Commission Accredited (include proof of

Accreditation with bid submittal) and capable of providing a plan to address the specific requirement(s) of mobile radiology as related to accreditation by The Joint Commission. Policy and procedure manuals and other applicable documentation shall be made available to the Agency during a Joint Commission Survey.

ii. Contractor shall provide written documentation with their bid submittal and as requested they have met all of the credentialing and privileging as required by The Joint Commission on all personnel providing services to the Agency.

iii. The Contractor shall have a Peer Review program in effect in accordance with the standards required by the American Board of Radiology and The Joint Commission on Accreditation to assure good quality control and misreads. The Contractor shall provide the Agency with a copy of the most recent Peer Review results in written format along with a copy of the Quality Improvement Plan within 10 Business Days of the request. The Contractor will continuously send a copy of the Peer Review results and the Quality Improvement Plant to the Agency for the duration of this Contract.

iv. The Contractor shall participate in performance improvement activities for radiology services when requested by the Administrator or Quality Control/Risk Manager for Agency.

v. The Contractor shall participate in facility-wide risk management activities as designed to reduce risks to patients and staff and to safeguard the financial integrity of Agency. These activities include reporting any involvement as a respondent in any professional liability actions, previously successful or currently pending challenges to any licensure or registration, voluntary relinquishment of such licensure or registration and any voluntary or involuntary termination of medical staff membership and voluntary or involuntary limitation, reductions or loss of clinical privileges at another facility, reporting Agency resident or staff incidents/accidents occurring while in the care of the Contractor Provider to the Unit Charge Nurse and/or the Administrator and notifying the Administrator of any legal correspondence or complaints received relating to the care provide to a Agency patient or staff by the Contractor Provider.

vi. The Hospital will evaluate the Contractor Providers’ performance and compliance to the provisions of the resulting contract on a quarterly basis.

vii. To grant, maintain and/or renew the privilege to practice a medical profession at Agency, the Consultant (Contractor) shall supply documentation of peer review data and/or OPPE (ongoing professional performance evaluation(s) to the Agency, no less than annually.

d. Education Requirements:

i. The Contractor shall provide verification of competence annually and credentialing of Radiologist and Radiologic Technologists within five (5) Business Days upon request by the Agency.

ii. All Contractor employees coming on-site will be required to attend a general orientation of Agency’s policies and procedures before they will be permitted to see any patients; and complete annual reviews of the same for the duration of the contract.

e. X-Ray Requisition and Receipts:

i. The Contractor shall supply an on-line portal and/or furnish requisitioning forms that are to be completed by the Agency.

f. Security Requirements:

i. Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on the Agency premises.

Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification.

ii. At all times, the Contractor’s personnel shall cooperate with the Agency requirements that include but are not limited to being prepared to be escorted at all times, providing information for badge issuance, and wearing the badge in a visible location at all times.

g. COMPLIANCE WITH HEALTH INSURANCE PORTABILITY AND

ACCOUNTABILITY ACT OF 1996 (HIPAA):

In the course of carrying out contractual services, the Contractor and its employees will be in areas occupied by patients of Agency where they could possibly be subject to patient-related information either directly or indirectly. Any information regarding any patient must be held in strict confidence. By signature on this Agreement and the Business Associate Agreement (Attachment D), the contractor agrees to comply with all applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and, in the performance of this contract (agreement) will:

i. Not use or further disclose protected health information (PHI) other than as permitted or required by the terms of this contract or as required by law;

ii. Use appropriate safeguards to prevent use or disclosure of PHI other than as permitted by the contract;

iii. Report to the Agency any use or disclosure of PHI not provided for by this Contract (Agreement);

iv. Mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use or disclosure of PHI by the Contractor in violation of the requirements of this contract.

v. Impose the same requirements and restrictions on its subcontractors and agents;

vi. Provide access, at the request of the Agency, and in the time and manner designated by the Agency, to PHI in a Designated Record Set, to the Agency or, as directed by the Agency, to an individual in order to meet HIPAA requirements.

vii. Make available PHI for amendment and incorporate any amendments to PHI;

viii. Document and provide to Agency information relating to disclosures of PHI as required for the Agency to respond to a request by an individual for an accounting of disclosures of PHI in accordance with the HIPAA Privacy Rule;

ix. Make its internal practices, books, and records relating to use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services Secretary for the purposes of determining compliance with the HIPAA Privacy Rule;

At termination of the contract, if feasible, return or destroy all PHI received from, created or received by the Contractor on behalf of the Contracting Agency (Agency) that the business associate still maintains in any form and retain no copies of such information or, if such return or destruction is not feasible, extend the protections of the contract to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

h. Criminal Background Check:

i. The Contractor shall obtain from each prospective employee a signed statement permitting a criminal background check. The Contractor shall secure at its own expense a Virginia State Police and/or FBI background check and shall provide the Agency with completed checks on all employees prior to employee coming on-grounds to perform the service and any new employees prior to assignment at Agency.

ii. The Contractor may not assign an employee with a criminal record unless prior written approval is obtained from the Agency.

i. Information Technology:

i. The Contractor shall not connect any of its own equipment to the Agency`s

LAN/WAN without prior written approval by the Agency.

j. Duties and Obligations of the Agency:

i. The Agency shall provide, upon request, written policies and procedures for Patient care. The Agency shall comply in all material respects with applicable federal, state and local laws and regulations governing the provision of services and to the operation of the Agency.

ii. The Agency shall correctly and completely fill in all information on the Contract Provider’s portal or requisition form for patient services prior to the Technologist’s arrival at the Agency. The Agency shall ensure the requisition is correct and signed by the authorized medical personnel who received the verbal/written order from the physician who is placing the order.

iii. Service Orders via Provider’s Portal or Telephone: The Agency will call the Provider’s dispatch with all required information. The Provider will record pertinent information and dispatch technical personnel.

iv. “Urgent/STAT” Service Orders via Provider’s Portal or Telephone: The Agency will input the order into the Provider’s Portal or call the Provider’s dispatch with all required information, specifying order as “Urgent”. The Provider will record pertinent information and dispatch technical personnel immediately. Provider shall respond to the Agency within two (2) hours of notification.

v. In the event additional services are requested during other services (add-ons), the Agency shall contact the Provider’s dispatch to create a proper order. Provider will notify Provider’s technical personnel with the additional orders.

Technologists are not authorized to perform services without a provider processed order.

vi. In the event an order needs to be cancelled, the Agency will immediately notify the Provider via telephone of the cancellation.

vii. The Agency shall designate a Contract Manager to facilitate communications between Agency and Contractor. The Contractor Manager will be the point of contact for the Contractor/Provider regarding invoices, complaints, or contractual concerns during the contract term and will evaluate Contractor’s services quarterly. The Agency agrees to promptly notify the Contractor if the person acting as the Contract Manager changes.

viii. Agency shall provide a Contract Manager/Service Coordinator to serve as a facilitator for communications between the Contractor/Provider and the Agency;

who is responsible for the coordination of patient services and to properly identify the patient requiring requested services. Provider cannot provide services until proper identification and confirmation is made. The Agency Service Coordinator will assist in preparing and possibly positioning the patient for the procedures and remain in the room during the exam. The Provider will not provide nursing care or prescribe/deliver medical treatment for Agency patients.

ix. Agency shall maintain individual Agency charts in accordance with state and federal law. The Agency shall make all entries to the individual Patient treatment records pertaining to the examination requested, including nurses notes regarding patient’s condition, physician’s order with medically necessary reason, and copy of the interpreted results of the procedure. The Agency will notify ordering physician of the results.

x. The Agency assumes responsibility for quality and timeliness of the arranged for service as mandated by the Medicare/Medicaid Act (42 CFR 483.7(h) (2).

k. Fees and Billing

i. Cancellation Fees: In the event Provider attempts to complete a Service requested by Agency and Agency’s Patient is unavailable or Agency has failed to cancel Service order, Provider will bill Agency for a trip fee. If the Provider has not made a Service attempt, no fees will be billed. If Provider completes other requested Services at the Agency at the same time as the cancelled Service, then no additional fees will be applied.

ii. Provider shall bill Agency for all other Services rendered to Patients that cover Provider as a participating provider of said portable diagnostic procedures.

Provider shall bill its Fee Schedule charges for such said Services as listed within Section VII. Fee/Pricing Schedule (page 26) of this agreement. Agency’s obligation to pay Provider’s invoices is not contingent upon Agency’s receipt of reimbursement from any payor for said Services.

iii. Billing: By the fifth (5th) business day of each month, Provider will submit invoices to the Agency for those services rendered during the previous calendar month. All invoices shall contain an itemized billing detail for each charge, including, but not limited to, the date Services were provided, the for whom such Services were provided, the CPT and HCPCS Code that appropriately reflects the Services provided.

iv. Medical Reviews: The parties agree to cooperate in response to any focused medical review regarding the payment or medical necessity of Services rendered hereunder.

l. BIDDER REQUIREMENTS:

i. Virginia eProcurement:

1. Each Bidder is requested to indicate their Virginia eProcurement (eVA) vendor number on the face sheet of this solicitation submitted at the time of their bid submission to this IFB.

a. eVA is an electronic commerce system administrated by the Virginia Department of General Services (DGS). In addition to using the DGS website (http://www.eva.virginia.gov) and possibly other means for transmitting the IFB and associated materials; the solicitation, Bidders questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be provided via eVA.

b. In order to receive a contract award, a vendor must be registered in eVA to do business with an Agency of the Commonwealth of Virginia. Registration is free. Go to https://eva.virginia.gov/pages/eva-i-sell-to-virginia.htm, click on “Register to become a vendor in eVA” to begin the process, and then follow the prompts.

Possible tvpe of x-rays:

Head and Neck

- 70110 Mandible

- 70140 Facial Bones 2 views/Maxilla

- 70150 Facial Bones complete

- 70160 Nasal Bones

- 70200 orbits

- 70260 Sinuses >3 views

- 70260 Skull 4 views

- 70360 Soft Tissue Neck Chest

- 71010 Chest 1 view

- 71020 Chest 2 view

- 71100 Ribs Unilateral

- 71101 Ribs Unilateral with Chest

- 71120 Sternum Spine

- 72040 Cervical 2 views

- 72050 Cervical 4 views

- 72070 Thoracic Spine 2 views

- 72100 Lumbar Spine 2-3 views

- 72220 Sacrum/Coccyx

- 72170 Pelvis 1-2 views Upper Extremity

- 73000 Clavicle

- 73010 Scapula

- 73030 Shoulder

- 73060 Humerus

- 73070 Elbow 2 views

- 73080 Elbow 3+ views

- 73090 Forearm

- 73110 Wrist 3+ views

- 73130 Hand 3 views Lower Extremity

- 73500 Hip 1 view

- 73510 Hip 2 views unilateral

- 73520 Hip Bilateral

- 73550 Femur

- 73560 Knee 2 views

- 73590 Tibia/Fibula

- 73610 Ankle 3 views

- 73630 Foot 3 views

- 73650 Heel/Calcaneus Abdominal

- 74000 Abdomen 1 view

- 74020 Abdomen 2 views

- 74022 Acute Abdomen with Chest

Ultrasound - listing of what mav be requested:

CARDIAC

- Echocardiogram 2D M-Mode

- Intra-Cardiac Doppler

- Color Flow Mapping

PERIPHERAL VASCULAR

- Abdominal Aorta

- Venous Doppler • Arterial

- Arterial with ABI

CEREBROVASCULAR

- Carotid Artery Duplex

GENERAL

- Musculoskeletal

- Abdominal

- Gallbladder

- Renal

- Thyroid

- Testicular/Scrotum

PELVIC

- Trans-Abdominal

- Pelvic

- Pelvic Inflow/Outflow

- Color Flow Doppler

IV. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of

Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the b.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).

c. 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.

d.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.

e. 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.

f. 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 BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services 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 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.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or $1,000,000 per occurrence, $3,000,000 aggregate Abatement Contractors Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

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

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

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

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

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

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.

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

5. 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.