PGHBiomedical Equipment Services IFB.docx

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

Issue Date: September 1, 2026 IFB# ___ 127602

Title: Biomedical Preventative Maintenance and Repair Services-

Commodity Code: 93856, 99253

Sealed Bids Will Be Received Until 3:00 P.M. on September 21, 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 September 8, 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 September 9, 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.

Signature:

Printed Name:

Title:

Phone:

Fax:

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.

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. SCOPE OF SERVICES 3

IV. COMPLIANCE WITH HIPAA 8

V. GENERAL TERMS AND CONDITIONS 9

VI. SPECIAL TERMS AND CONDITIONS 19

VII. METHOD OF PAYMENT 24

VIII. PRICING SCHEDULE 25

IX. STATE CORPORATION COMMISSION FORM 27

X. EMAIL BACK SOLICITATION QUESTION SHEET 28

XI. REFERENCES SHEET 29

ATTACHMENT A 30

I. PURPOSE

To solicit and contract with a qualified vendor to provide all labor and materials for one initial inspection and inventory of all medical equipment, two (2) preventive maintenance visits per year and corrective repairs for biomedical equipment.

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 SERVICES

Piedmont Geriatric Hospital is seeking a qualified vendor to provide all labor, travel, shipping and parts for two (2) preventive maintenance visits per year (or per schedule as required by manufacturer) and corrective repairs for biomedical equipment. The semi-annual preventive maintenance and inspection program will include calibration, functional and operational performance testing per manufacturer’s specifications, and equipment cleaning that results in good sanitary and cosmetic condition. Inspections and calibrations documentation should include device labels (stickers) that indicate the date/outcome (pass/fail) inspection/calibration information as well as the name of the inspector. Initial services shall include an inventory visit where all biomedical equipment shall be inventoried, tagged and assessed for maintenance or repair. Piedmont Geriatric Hospital shall also require an initial full inventory of all medical equipment that shall not be included in the preventative maintenance and repair section of this contract. Twenty-four-hour (24) seven (7) days per week technical support should be available to Piedmont Geriatric Hospital.

The Contractor shall make preventive maintenance inspections of the designated equipment as listed in Attachment A for Piedmont Geriatric Hospital semi-annually or per manufacturer’s recommendation or per requirement of accreditation agencies and upon dates agreed to by the Agency and the Contractor. This shall encompass electrical safety testing, calibration, functional and operational performance testing per manufactures specifications, and equipment cleaning that results in good sanitary and cosmetic condition.

a. Inspections will be conducted semi-annually or per manufacturer recommendations or per the requirements of accreditation agencies on an established schedule and upon dates agreed by the Agency and the Contractor.

b. The Contractor shall:

i. Perform an initial inspection of all biomedical equipment within one week of contract award.

ii. Install vendor provided tracking tags and Agency provided asset tags for equipment identified to be included in the regular scheduled preventative maintenance and inspection services.

iii. Provide a written report to the Hospital of all defects found during initial inspection of all biomedical equipment.

iv. The Agency shall review the discrepancy list and provide written authorization for the contractor to correct deficiencies within fifteen (15) calendar days and notify the Hospital in writing that the deficiencies have been corrected and re-inspection can be made.

v. Perform an inventory of all medical equipment to include all shower chairs, wheelchairs, walkers, etc. and install Agency supplied asset tags within 30 days of contract award.

vi. Provide the Agency with an editable electronic document with detailed listings for each piece of equipment identified to be included in the final master inventory listing. The Agency shall provide the document format to the contractor for the master listing.

vii. Provide the Agency with a report of all biomedical equipment with the following information included at minimum:

1. Brand

2. Model

3. Serial Number

4. Vendor Tag number

5. Agency Asset Tag number

6. Brief Description of Equipment

7. Pass/Fail

8. Name of Technician

9. Date inspected

10. Description of required repairs performed during inspection or repairs required to bring equipment into compliance.

c. The Contractor shall maintain records of all inspections/repairs and shall provide a detailed service report to the Agency upon completion of the inspection/preventative maintenance or repair service.

d. The Contractor shall include written confirmation of that all gauging and measuring equipment used to check and calibrate equipment has been calibrated either according to manufacturers’ specifications or within the last twelve (12) months against standard which is traceable to the National Bureau of Standards.

e. The person(s) responsible for the maintenance activities described herein shall be qualified for the position(s) by education, training and experience. Documentation shall be provided upon request.

f. The contractor will provide the Agency with a written description of the procedure to be performed for each equipment item. The description must be provided in sufficient detail as to be acceptable to the field inspectors of the Centers for Medicare and Medicaid Services (CMS), The Joint Commission, as well as other certifying licensing bodies. This information shall be provided to the Agency within ten (10) business days of contract award.

g. All preventive maintenance inspections shall be conducted during normal working hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding State holidays. Preventive maintenance inspections shall be coordinated with the Piedmont Geriatric Hospital Representative. The Contractor shall confirm the date and time of the inspection by telephone a minimum of one (1) week prior to the inspection. After a specific inspection is started, it shall be completed within two (2) working days.

h. The Contractor must perform an initial inspection of all new healthcare equipment within two (2) days of notification by the Piedmont Geriatric Hospital Representative.

i. Requests by the Contractor for extensions of the required submission and performance time frames outlined in this section will not normally be considered by the Agency. If the Contractor encounters an emergency or extreme unforeseen circumstances/difficulties that may prohibit them from meeting such time frames, the Contractor shall immediately submit a request for extension via the Piedmont Geriatric Hospital Representative to the Agency Contract Manager. The Agency Contract Manager will decide on such extension requests on a case-by-case basis.

j. Corrective Maintenance Requirements:

i. On an as needed basis, the Contractor shall serve as a single source for the repair of equipment listed in Attachment A. The Contractor shall respond on-site within two (2) business days (48 hours) to telephone requests from the Piedmont Geriatric Hospital Representative for repair of equipment that is considered by the Agency not to be an emergency. The Contractor shall respond on-site as quickly as possible and within a maximum of one (1) business day (24 hours) to telephone requests from the Piedmont Geriatric Hospital Representation for repair of equipment that is considered by the Agency to be an emergency. In either situation, the Contractor shall inspect the equipment to determine whether it can be repaired within the Contractor’s resources, or whether it will need to be sent to another repair service. Equipment repaired by the Contractor will be subjected to appropriate safety checks before being returned as fit for use. Furthermore, the Contractor shall demonstrate to the Piedmont Geriatric Hospital Representative that the equipment repaired by the Contractor is fully operational and in compliance with contract specifications and all applicable codes. Any deficiencies in the Contractor's repair work shall be promptly and permanently corrected by the Contractor at the Contractor's expense prior to final acceptance of the repair work. The Contractor will inspect the equipment to determine whether it can be repaired within the Contractor’s resources, or whether it will need to be sent to another repair service. Equipment repaired by the Contractor will be subjected to appropriate safety checks before being returned as fit for use.

ii. For non-emergency repairs, if the Contractor determines that a specific equipment item cannot be repaired within their resources, the Contractor shall provide verbal and written notification to the Piedmont Geriatric Hospital Representative on the same day. The Contractor shall then obtain an estimate for the cost of the repair using another vendor source, an estimate for the cost of packing and shipping the equipment, and an estimate as to the time the equipment will be out of use. These estimates will be presented to the Piedmont Geriatric Hospital Representative within three (3) business days of the Contractor’s determination that another vendor source is needed to complete the equipment repair. The Piedmont Geriatric Hospital Representative, after receiving approval from the Agency Contract Manager, shall promptly provide written approval to the Contractor prior to any repair service being performed by a secondary vendor source. Within one (1) business day (24 hours) after providing approval to use a secondary source, the Piedmont Geriatric Hospital Representative will document such approval, and the cost estimate(s) provided in letter of confirmation to the Contractor. For emergency repairs, the above procedures shall be completed within the same business day.

iii. The Contractor will devise a system by which instrument failures are reported, recorded and repaired, and a system that will show the status of the repair facilitate monitoring and evaluation of dates and response times. The Contractor shall maintain such records in a maintenance and repair log.

iv. The Contractor shall be responsible for the pickup and return of equipment that requires work in the Contractor's shop.

v. All replacement parts that are used in the corrective maintenance completed by the Contractor or a secondary source shall be warranted as specified by the manufacturer or the supplier.

vi. If repairs cannot be conducted on site or result in more than seven (7) days of downtime, the Contractor shall provide a service loaner at no additional charge.

vii. Damages to any of the Agency’s healthcare equipment caused by the Contractor’s negligence or nonfeasance, which render the equipment inoperable for its intended purpose, shall be repaired at the Contractor's expense with no charge to the Agency. If the equipment is damaged beyond (as verified by the manufacturer’s representative) by the Contractor’s negligence and nonfeasance, the Contractor shall promptly provide new replacement equipment of the same make and model at no cost to the Agency.

viii. Corrective maintenance parts and materials are to be charged to the Agency only with prior approval from the Agency Contract Manager, and only then at the Contractor's invoiced cost, without markup. The Contractor’s invoiced cost shall consistently include the best available discount from the manufacturer’s suggested list price. The Contractor shall submit documentation of their invoiced cost, with substantiation of all applicable manufacturer/supplier discounts, to the Agency Contracting Officer for approval.

ix. All batteries shall be replaced as part of the routine maintenance. The cost of the batteries shall be billed to the Agency.

x. Battery cells for lifts shall be replaced as needed by the Contractor as part of routine maintenance. The cost of batteries shall be billed to the Agency.

xi. Power cords and AC adapters shall be replaced by the Contractor as needed and if requested by the Agency.

k. Parts and Labor.

i. All parts provided under this contract, either by the Contractor or a secondary vendor source shall be new and genuine manufacture’s recommended or authorized replacement parts. All parts shall be covered by the most favorable commercial warranties provided by the manufacturer or the supplier. Refer to Section, Warranty (Commercial). The provision or utilization of used parts is strictly prohibited. The utilization of manufactures rebuilt, or reconditioned parts is subject to approval by the Agency Technical Representative and is authorized only if each rebuilt/reconditioned parts is warranted for the same period and under the same conditions as the specific manufacturer’s identical (same make/model) new part. The Contractor shall either maintain an adequate inventory of these parts or shall have such parts readily available from a supplier to completely fulfill the requirements of the contract.

ii. Labor hours paid under this contract shall be only for productive hours at the job site. Time spent on transportation of personnel, or the acquisition, handling, and delivery of materials is not chargeable directly, but is considered overhead and must be included in the hourly rates bid for labor. The Contractor may periodically be required to provide a cost estimate for repair of equipment by a secondary vendor source. When such cost estimates are required, the Contractor’s labor involved shall not be charged directly but is considered overhead and must be included in the hourly rates bid for labor.

l. Documentation:

i. The Contractor shall maintain, in a designated location within the Agency, a preventative maintenance and equipment repair (corrective maintenance) log for each item on equipment listed in Attachment A and subsequently added to that list. Each folder will contain original detailed records of all inspections and specific written (typewritten or computer generated) reports which describe the maintenance and repair services performed for that equipment item. All such records and reports shall be provided in sufficient detail and a format acceptable to Agency Administration, the Centers for Medicare and Medicaid Services (CMS), The Joint Commission, as well as other certifying and licensing bodies, and shall become the property of the Agency.

ii. The Contractor shall obtain and maintain duplicate copies of operating and maintenance manuals for each equipment item listed in Attachment A or subsequently added to that list. The Contractor shall bring their copies of the appropriate equipment operating and maintenance manuals when performing preventive and corrective maintenance services. The Contractor shall provide to the Agency, at no charge, any updates/revisions to equipment operating and maintenance manuals that they obtain from manufacturers and/or suppliers.

m. Contractor’s Employees:

i. All personnel used by the Contractor for the performance for the performance of this work shall be factory certified with the appropriate training, licensure, and experience in providing preventive and corrective maintenance for healthcare equipment, specifically the equipment listed in Attachment A. The Agency reserves the right to refuse to accept services from any personnel deemed by the Agency to be unqualified or unable to perform the required services. The Contractor shall promptly provide evidence of training, qualifications, and/or licensure for any personnel performing work under this contract when requested by the Agency. The Contractor shall provide such documentation for all personnel initially assigned to this contract within ten (10) days of award of the contract.

ii. When the Contractor’s personnel arrive on site, they shall be required to check in with the Piedmont Geriatric Hospital Representative, and obtain the necessary identification badges and keys. Upon completion of the work, the Contractor’s personnel shall follow Agency check out procedures and return all badges, keys, and records/reports of the work accomplished to the Piedmont Geriatric Hospital Representative.

n. Consultation:

i. The Contractor shall provide, at no additional cost, consultation to the Agency regarding evaluation of healthcare equipment for purchase or replacement. The Contractor shall also provide, at no additional cost, a representative to attend and act as the Agency’s healthcare equipment maintenance representative during The Joint Commission, CMS, and State inspections.

o. Training:

i. The Contractor shall provide a representative, as requested by the Agency, to assist in conducting in-service training on the proper use and application of the equipment listed in Attachment A, as well as any equipment items added to the list during the contract period.

ii. The Piedmont Geriatric Hospital Representative will notify the Contractor when training is needed for an equipment item. The Contractor shall schedule the requested training within thirty (30) days of the request. The Contractor shall provide the Piedmont Geriatric Hospital Representative with a training syllabus no later than two (2) weeks prior to the scheduled training. The syllabus will be reviewed and pre-approved by Agency Administration and the Contractor will be notified of any training areas that require change. The Contractor shall promptly incorporate such changes in the syllabus in coordination with Agency Administration and shall provide to the Agency the final approved version of the training syllabus prior to the scheduled training.

IV. 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;

x. 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.

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.)

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/

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. 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.

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

X. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Y. 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…