QQ70024.pdf

QQ70024

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

WESTERN REGIONAL OFFICE

3313 PLANTATION ROAD NE

ROANOKE, VA 24012

QUICK QUOTE

Solicitation Number: QQ70024

Issue Date: June 17th, 2024

Title: Fire Alarm and Sprinkler System Inspections, Preventative Maintenance and

Repair Services

Commodity Code: 93609, 93633

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

Quick Quote response in eVA, must be received by the Procurement Unit no later than, Monday, July 1st, 2024, at

5pm for your bid to be responsive. Contact: Brian Blankenship, Buyer Specialist 540-265-3158, e-mail:

brian.blankenship@vadoc.virginia.gov, or mail to: Brian Blankenship, buyer specialist, 3313 plantation road NE, Roanoke, VA 24012.

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, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

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

The purpose of this quick quote is to establish a contract with a start date of July 15th, 2024, for the inspection and maintenance of the fire Alarm and sprinkler System with one qualified contractor. Contractor must be licensed and must provide all tools, materials, equipment, and consumables necessary to complete inspection of and maintenance on the fire alarm system and sprinkler system located at Red Onion State Prison, 10800 H Jack Rose Highway, Pound VA 24279, an agency of the Commonwealth of Virginia, Department of Corrections.

CONTRACT PERIOD: JULY 15TH, 2024 THOUGH JULY 14TH, 2025

THIS WILL BE A 12 MONTH CONTRACT WITH 4 (1) YEAR OPTIONAL RENEWALS AVAILABLE,

SEE SECTION IV, LETTER D OF SPECIAL TERMS AND CONDITIONS.

NO WORK REQUIRING A BUILDING PERMIT, ISSUED EITHER BY THE BUILDING OFFICIAL OR

UNDER AN AGENCY’S ANNUAL PERMIT AUTHORITY, SHALL BE PERMITTED TO BE

PERFORMED UNDER THIS CONTRACT.

DESCRIPTION

A. Fire Alarm Inspection and Maintenance – Contractor must test all detectors and manual stations for alarms initiating capability in accordance with the manufacturer’s recommended/required testing procedures.

Contractor must perform static testing for detectors. All adjustments shall be consistent with manufacturer’s recommendations and institutional approval. ALL WORK MUST BE IN COMPLIANCE WITH

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) AND VIRGINIA STATEWIDE FIRE

PREVENTION CODE. Contractor shall provide all tools and equipment and be trained for confined space entry.

Inspection shall include thirteen (13) Automatic Fire Alarm and Detection Systems. Inspection of equipment as more particularly described below:

System Description/Location Quantity Test Frequency

Administration & Medical 1 Quarterly/Annual

Housing Units A, B, C &D 4 Quarterly/Annual

Warehouse & B&G 1 Quarterly/Annual

Support Building , Laundry &Kitchen 1 Quarterly/Annual

Front Search 1 Quarterly/Annual

Tower 1 1 Quarterly/Annual

Tower 2 1 Quarterly/Annual

Tower-Sally Port 1 Quarterly/Annual

Hazmat Building 1 Quarterly/Annual

K9- Kennel 1 Quarterly/Annual

1. Inspections are to be performed four (4) times per year on a quarterly basis with (1) one inspection being an Annual Inspection and the other (3) three being quarterly inspections. All sprinkler systems at this facility will be inspected as part of the quarterly inspection by performing a main drain flow test and taking the associated pressure readings, as well as performing water flow test from the inspector’s test of each system. This will be recorded and on a quarterly generated report for each building. These inspections must be inspected as per the NFPA 25 Standards. Sensitivity testing on smoke detectors is required every two (2) years that would be priced independently, as required. Contractor will provide

Contract Administrator a written estimate at the time service is required. If the estimate is not considered to be fair and reasonable, the contractor will be asked to review the estimate and re-submit. If the new estimate is still not considered to be fair and reasonable, DOC reserves the right to seek other quotes and award to a reasonably priced contractor.

2. The contractor will test the smoke detectors, manual pull stations, heat detectors, all duct detectors, and notification devices connected to these systems as required per NFPA 72 Standards. Contractor will verify the Flow Switch alarms at the panel and check functionality. This will also be included on the report for each building to satisfy ACA Standards. The (5) five-year maintenance that is required every five years on the sprinkler systems would be priced independently as required. Contractor will provide Contract Administrator a written estimate at the time service is required. If the estimate is not considered to be fair and reasonable, the contractor will be asked to review the estimate and re-submit. If the new estimate is still not considered to be fair and reasonable, DOC reserves the right to seek other quotes and award to a reasonably priced contractor. All inspections and other required work shall be scheduled with the Contract administrator/Institutional Safety Specialist III, Brian Clark, PH. 276-796-7510.

Annual Inspection shall include testing of the following

1. Annual Back Flow Testing – 14 QTY.

2. Annual Duct Detectors Testing – 80 QTY. Estimated

3. Annual Fire Hydrant Testing – 7 QTY.

Contractor shall visually inspect equipment four (4) times per year and shall promptly report to the

Institutional Safety Specialist, B&G supervisor, and Agency all needed items of maintenance, repair and replacement of deficient parts. In the judgement of the Contractor, Institutional Safety Specialist and B&G

Supervisor the scope of work may be necessary and reasonable to ensure the highest degree of protection.

However, not including, an Engineering Review for compliance and design standards for the building hazard as it may exist.

2. Equipment Repairs to be required for compliance/standards by Contractor as follows:

a. Repairs and/or services should be performed during the Agency’s normal business hours.

b. If the Contractor fails to properly repair the equipment and a call back is required by the Agency then no additional cost may be charged to the Commonwealth.

c. If the Agency requires emergency services outside of normal business hours, then applicable rates will apply. Regular Hours – 8:00 AM to 4:00 PM

d. Anticipated Repairs: All parts/materials shall be approved for the system. All materials and repairs shall be billed at the Contractor’s actual invoiced cost of estimated repairs.

e. Any additional repairs and/or labor must be approved by the Contract Administrator prior to the work being performed. A copy of the written estimate must be provided, failure to do so may result in non-payment to Contractor.

Certificate of Insurance

A copy of the Contractors “Certificate of Insurance” must be provided before any work it to begin. The

Commonwealth of Virginia/VADOC shall be named as additional insured. The certificate of insurance should identify the “Name and Address of Certificate Holder” as follows:

Virginia Dept. Of Corrections

6900 Atmore Drive

Richmond, VA 23225

B. Sprinkler System Inspection and Maintenance – All inspections and reports shall be done in accordance with guidelines of the National Fire Protection Association (NFPA) and the Virginia Statewide Fire Prevention

Code.

1. Inspections of sprinkler system on an annual or quarterly basis as stated in the NFPA guidelines. Contractor shall provide all tools and equipment and be trained for confined space entry.

Upon completion of inspections contractor shall provide a report of recommended or required repairs.

Written reports shall be completed and left at site. Copies sent as required by agency. The Contractor shall notify the agency in advance of any needed repairs and shall provide a written estimate of cost.

Contractor will provide Contract Administrator a written estimate at the time service is required. If the estimate is not considered to be fair and reasonable, the contractor will be asked to review the estimate and re-submit. If the new estimate is still not considered to be fair and reasonable, DOC reserves the right to seek other quotes and award to a reasonably priced contractor. No repairs will be performed without a separate Purchase Order.

There are 13 buildings with a total of 18 risers.

Backflows = 13 (1 backflow is in vault)

Antifreeze Loops = 2

Fire Hydrants = 8 to 10

2. Equipment Repairs – All estimates for repairs must meet the following guidelines:

a. Repairs and/or service should be performed during the Agency’s normal business hours.

b. The Agency may require call backs due to the Contractor’s failure to properly repair the system. No additional labor cost may be charged to the Commonwealth.

c. If the agency requires emergency services outside of normal business hours, the applicable overtime rates will apply. The Contractor shall provide Emergency contact information/phone number(s) for nights, weekends and holidays. Contractor shall respond to emergency calls within 24 hours.

Regular Hours – 8:00 AM to 4:00 PM

d. The Contractor shall notify the Agency in advance of such needed repairs and shall provide a written estimate of cost. Approval must be obtained before work is started. A copy of the written estimate must be provided, failure to do so may result in non-payment to Contractor.

e. Upon completion of services, the Contractor shall provide the Agency with detailed, itemized list of all inspections performed and materials provided.

f. Inspections are to be performed four (4) times per year, on a quarterly basis. All scheduling will be handled by the Contract Administrator/Compliance/Safety Officer III, Brian Clark, PH. 276-796-

7510.

Certificate of Insurance

A copy of the Contractors “Certificate of Insurance” must be provided before any work is to begin. The

Commonwealth of Virginia/VADOC shall be named as additional insured. The certificate of insurance should identify the “Name and Address of Certificate Holder” as follows:

Virginia Dept. of Corrections

6900 Atmore Drive

Richmond, VA 23225

C. Reporting

The Virginia Department of Fire Programs implemented a statewide Community Risk Reduction (CRR)

Program effective October 10, 2022, with its chosen Partner, InspectionReportsOnline.net (IROL). This solution provides the ability for our office to receive, manage, and track critical data and information regarding fire and life safety system inspection, testing, and maintenance (ITM) records from service providers throughout the state. IROL’s platform has assisted us in identifying systems needing remediation, providing timely and effective repair guidelines, real-time communication with stakeholders, and the ability to ensure compliance with our codes is being met. The initial release with IROL’s platform was on a preferred/volunteer basis, however, due to the proven processes and in continuing to rely on our collaboration with both service providers and other local fire departments, the state will be increasing its code enforcement efforts regarding the use of IROL. Our updated IROL requirements, including the submissions of NEW systems, will go into effect February 1, 2024. UPDATED: ITM submissions will be required for all state owned and governed facilities. Systems to be submitted:

-Initial System Commissioning/Acceptance Annual Sprinkler (commercial only)

-Annual Fire Alarm Annual Fire Pump

-Annual and Semi-Annual Hood Suppression Annual Internal Pipe

-Semi-Annual Kitchen Hood Cleaning Annual Emergency Generator

-Annual Smoke Control System 5-year Standpipe

-Annual Standpipe Annual Clean Agent

-Annual Fire Door Annual ERCES/BDA Radio (NEW)

-Annual Private Hydrant

Registered Service Providers List: A list of qualitied and registered companies will be provided to our state-owned facilities to assist in identifying their chosen vendors are complying with our code. If you are not yet registered with IROL: Please copy and paste/click the following link:

https://live.inspectionreportsonline.net/register/serviceProvider Training for IROL is held on the 3rd

Wednesday of each month.

Please copy and paste/click the following link:

https://us02web.zoom.us/webinar/register/WN_zzGDZ7E5RAWxFCNsSq-jPQ

A copy of the InspectionReportsOnline.net (IROL) report filed will be provided to Safety Officer, Brian Clark, PH#276-796-7510, email: brian.clark@vadoc.virginia.gov

D. Safety

Safety is paramount to all operations. Successful Bidder shall adhere to all applicable OSHA (Occupational

Safety and Health Administration) and VOSH (Virginia Occupational Safety and Health) standards and laws to ensure a safe work environment for Purchasing Agency’s employees, visitors, citizens, and Successful

Bidder’s personnel while performing work for Purchasing Agency.

https://us02web.zoom.us/webinar/register/WN_zzGDZ7E5RAWxFCNsSq-jPQ mailto:brian.clark@vadoc.virginia.gov

II. OPTIONAL SITE VISIT AND PRE-BID CONFERENCE

A. OPTIONAL SITE VISIT/Pre-Bid Conference: An optional site visit/pre-bid conference will be held at

12:00 Noon on Wednesday, June 26th, 2024, at Red Onion State Prison, 10800 H. Jack Rose Highway, Pound, VA 24279. The purpose of this site visit/pre-bid conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

*Pre-registration is required for the site visit/pre-bid conference may be scheduled until 12:00 noon on

Monday June 24th, 2024, via email to brian.blankenship@vadoc.virginia.gov or phone 540-265-3158.

Attendance at the site visit/pre-bid conference will not be permitted without pre-registering.

Bring a copy of the solicitation with you. Any changes resulting from this site visit/pre-bid conference will result in a written addendum to the solicitation.

III. 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 http://www.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 faithbased organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-

4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the http://www.eva.virginia.gov/ 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/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in the

Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and

Control Act of 1986.

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

Commonwealth of Virginia.

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

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

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

I. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, §

2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

J. 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.

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. 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.

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

N. 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.

O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

P. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

S. 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 coverage during the entire term of the contract and that all insurance coverage will be provided by insurance 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 Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

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.) $2,400,000 per occurrence, $4,250,000 aggregate

(Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.

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

T. 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.

B. NONDISCRIMINATION OF CONTRACTORS: A 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 www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

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

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

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

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

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

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

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

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

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

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small http://www.eva.virginia.gov/ businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

Y. 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

IV. SPECIAL TERMS AND CONDITIONS

A. AWARD: The Commonwealth will make the award(s) on a grand total basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is less than $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable.

Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a

DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

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

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

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

D. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for (one year)/(four)

4 successive one-year periods) under the terms and conditions of the original contract except as stated in 1.

and 2. below. Price increases may be negotiated only at the time of renewal. Written notice of the

Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

1. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the Other goods and services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor

Statistics for the latest twelve months for which statistics are available.

2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the

Other goods and services category of the CPI-U section of the Consumer Price Index of the United

States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

E. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material.

During the downtime in such a case, the contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the contractor but without additional compensation due to the time extension.

F. AS BUILT DRAWINGS: The contractor shall provide the Commonwealth a clean set of reproducible “as built” drawings and wiring diagrams, marked to record all changes made during installation or construction.

The contractor shall also provide the Commonwealth with maintenance manuals, parts lists and a copy of all warranties for all equipment. All “as built” drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to the Commonwealth upon completion of the work and prior to final payment.

G. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (60) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

H. MAINTENANCE MANUALS: The contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

I. MATERIAL SAFETY DATA SHEETS: Material Safety Data Sheets and descriptive literature shall be provided with the bid/proposal for each chemical and/or compound offered. Failure on the part of the bidder/offeror to submit such data sheets may be cause for declaring the bid/proposal as nonresponsive.

J. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor.