RFA 720-5296 - School Based Mental Health Grant.pdf

1220 Bank Street

Richmond, Virginia 23219

REQUEST FOR APPLICATIONS (RFA)

NUMBER: 720-5296

ISSUE DATE: August 17, 2026 TITLE: School Based Mental Health Services Grant CONTRACT TYPE: Legislative Grant

COMMODITY CODE(S):

91867 Human Services Consulting (To Include Mental Health Consulting Services 95262 Mental Health Services: Vocational, Residential, Etc.

ISSUING AGENCY:

Commonwealth of Virginia Department of Behavioral Health and Developmental Services in conjunction with the Department of Education

Using Agency and/or location(s) where work will be performed: Local school systems within the Commonwealth of Virginia

Period of Contract: From date of DBHDS execution through June 30, 2027 and renewable in accordance with Special Terms and Conditions Renewal of Contract clause.

Electronic Sealed Proposals Will Be Received Until September 17, 2026 at 5:00 PM, local prevailing time, For Furnishing The Goods/Services Described Herein.

* PREAPPLICATION CONFERENCE: An optional, virtual pre-]application conference will be held on Thursday, August 27, 2026 at 10:00 AM via Teams (Reference: Section VI herein).

If an offeror has questions about the solicitation, questions shall be emailed to Nicholas “Nick” Sloane at nick.sloane@dbhds.virginia.gov. Nicholas “Nick” Sloane is the single point of contact for this procurement.

Communication, regarding this solicitation, with anyone other than the single point of contact may result in the Offeror’s disqualification. See Terms and Conditions – Clarification of Terms clause for further information.

In compliance with this Request for Applications (RFA) and all conditions imposed in this RFA, the undersigned firm hereby offers and agrees to furnish all goods and services, as mutually agreed upon by subsequent negotiation. The undersigned firm or agency hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

Name of Business Entity:

eVA ID: ___________ SCC ID#:

Signature: ____________________________ Date: _____________________

Name: ____________________________ Title: _____________________ 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 offer or because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

mailto:nick.sloane@dbhds.virginia.gov

RFA# 720-5296, School-Based Health Grants

TABLE OF CONTENTS

SECTION PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. STATEMENT OF NEED 3

IV. ELIGIBILITY 3

V. SCOPE OF SERVICES 4

VI. OPTIONAL PRE-APPLICATION CONFERENCE 6

VII. DEADLINE FOR QUESTIONS 6

VIII. APPLICATION PREPARATION AND SUBMISSION INSTRUCTIONS 6

IX. APPLICATION CONTENT AND REQUIRED FORMS 7

X. ESTIMATED PROJECT TARGET TIMELINE 8

XI. EVALUATION AND AWARD CRITERIA 8

XII. TERMS AND CONDITIONS 9

ACRONYMS/DEFINITIONS

Request for Applications

(RFA)

All documents, whether attached or incorporated by reference, utilized for soliciting applications;

the RFP procedure requires negotiation with offerors (to include amounts) as distinguished from competitive bidding when using an Invitation for Bids.

Department Department of Behavioral Health and Developmental Services

In-Person Services

A mode of delivering mental health services through a qualified mental health provider that uses evidence-based practices defined by the Multi-Tiered Systems of Support.

Telemental health

Services

A mode of delivering mental health services using telecommunication technologies by a mental health provider/practitioner to a patient at a different physical location than the mental health care provider/practitioner.

Mental Health Component of behavioral health that includes emotional, psychological, and social well-being.

MTSS

Multi-Tiered Systems of Support. A framework that helps schools identify students who need additional academic, behavioral, or social-emotional support and provide interventions early.

Through a tiered system of supports, MTSS uses universal screening data, high-quality instruction, and evidence-based interventions to improve outcomes for all students. Tier 1includes core instruction and behavioral expectations delivered to all students. Tier 2 supports students who need additional support in targeted small-group instruction. Tier 3 supports are tailored to the student’s unique needs and may involve specialists, behavioral counselors, mental health professionals, or special education teams.

VTSS

The Virginia Tiered Systems of Supports (VTSS), funded and led by the Virginia Department of

Education in collaboration with multiple partners, is an effort to support school divisions with implementing and sustaining a multi-tiered system of supports (MTSS).

I. PURPOSE

The School-Based Mental Health Services grant program provides competitive grants for school divisions to partner with a mental health provider to provide mental health services to their division population, including students, family members/caregivers and staff. A school division may apply for reimbursement of telemental health services if there is an established contract between a school division and telemental health provider.

II. BACKGROUND

The School-Based Mental Health grant program provides competitive grants for school divisions to partner with an in-person mental health and or telemental health provider to provide mental health services to their division population, including students, family members/caregivers and staff. The grants can be used to initiate or support existing services that address needs such as mental health and / or substance use disorder by offering a flexible model that supports in-school and / or after school sessions.

For fiscal year 2027, through 2026 Special Session I HB 30 - Enrolled, Item 299, Part CC., the General Assembly (GA) appropriated funds to the Department, managed by the Office of Child and Family Services (OCFS), to expand the school-based mental health program. With the integration of community partners the Department is able to expand the school-based mental health model to one that is flexible to the needs of the school division. The school-based mental health services plan is to address attendance, learning loss, and literacy, particularly with respect to the link between mental health and learning.

III. STATEMENT OF NEED

Mental health services for youth and families is a complex system and requires flexibility and accessibility to adequately meet the needs of youth across the state of Virginia. As the state moves to an all-encompassing approach to mental health, there has been a call to provide mental health services during and after school hours for students. Doing so addresses multiple identified areas of concern, while providing opportunities to create positive outcomes. Opportunities under this grant allows for staff, families or caregivers to receive services during more flexible hours. In person and or telemental health services improve accessibility that requires use of already limited time and resources for an individual household and can provide a means to overcome a barrier to receiving services.

IV. ELIGIBILITY

The grants can be used to initiate or support existing services that address needs such as mental health and / or substance use disorder by offering a flexible model that supports in-school and / or after school sessions.

The appropriation language supports reimbursement for already established telemental health services between a school division and telemental health services partner. The reimbursement structure is here to alleviate some cost and barriers to accessible mental health services. Reimbursement for services will be determined by DBHDS. If a school division decides to apply for reimbursement, they will have to show an established contract between the school division and provider, while also adhering to DBHDS contractual standards for data and quality of service

To be considered for selection, applicants must be a Commonwealth of Virginia school division as defined in Code of Virginia § 22.1-25.

https://budget.lis.virginia.gov/item/2026/2/HB30/Enrolled/1/299/

V. SCOPE OF SERVICES

A. The Contractor shall:

1. Establish a partnership with a mental health provider to offer in-person and/or telemental health services to students, their families, and staff. Parameters are as follows:

a) Telemental health: Applicants shall confirm that the contractual agreement between the Contractor and the telemental health provider, at a minimum, describes:

i. School(s) within the division receiving services

ii. Types of services provided by the mental health provider

iii. Assurance that services provided by the selected mental health provider, if appropriate, include early intervention or prevention mental health and/or substance use services.

iv. Assurance that services provided by the selected mental provider are evidence based and/or informed practices (EBPs) for students and family (when relevant).

v. Privacy Policies surrounding medical data and patient confidentiality for mental health services Payment/Billing (telemental health)

vi. Parental Consent

vii. Referrals for additional services, if applicable

viii. Indemnification and Liability Obligations

ix. Provision of technology and support for mental services, including telemental health (if applicable)

b) In-Person: Applicants shall confirm that the contractual agreement between the Contractor and the mental health provider or one initiated at time of award, at a minimum, describes:

i. How funds would be used to expand/enhance any current efforts within your school district through services provided by the public/private community partner.

ii. The integration of any mental health or substance use disorder screening, assessment, or interventions with other existing school-based programs, such as afterschool enrichment programs, learning supports, or other health related supports.

iii. Any current services provided within your school division and which tier (if any) they fall within.

iv. If seeking funding for tier 3 services, describe how you will either work with the community partner to provide this service within the school setting or refer out for services.

v. How these funds would be used to support new services provided within your school division through public/private community partners.

vi. Any existing efforts that are evidence-based or informed practices.

vii. How you will incorporate evidence-based or informed practices (EBPs) into the school based mental health efforts.

viii. How this new approach will take into consideration any previous barriers, if applicable.

ix. If referring out for services, describe the community partners and specific referral services that will be used to support this.

x. A school level demographic profile of students who will be (or currently) receiving services.

If services will also include support to parents/families, please describe how this will occur.

xi. How the services will impact student attendance, learning capability, and/or literacy goals. Intended impacts may be at the individual student level, grade level, or overall school division’s goals.

xii. If there is an existing Memorandum of Understanding (MOU) in place with a community provider. If so, describe the personnel/services/etc. provided under this MOU and how this new funding will be included in work. If you do not have a MOU in place with a community provider, describe your plan to develop this understanding and what personnel/services/will be provided. A guide to developing MOUs can be found here: Developing a Memorandum of Understanding: School Telemental health and Community Provider Collaboration for Behavioral Health

xiii. The staff from the public/private community partners providing services, how often they will be in the school setting, how referral processes will work including how soon students will receive services once identified, the screening and assessment tool or tools that will be used, how they will determine successful or unsuccessful discharge from/completion of services, and the school or schools where services will be provided. Applicants should also outline this for any current services provided by community partners within the school division.

c) Trainings: Applicants may submit details on training programs included in the contractual agreement between the Contractor and the mental health provider. Examples may include:

i. Describing how these funds would be used to expand/enhance the current training efforts within your school division.

ii. Describe how these funds would be used to support new trainings provided within your school division through public/private community partners and who would receive the trainings. Describe your rationale for choosing these trainings and which tier services they would cover. If applicable, describe how this new approach will take into consideration any previous barriers.

2. Provide services that may include prevention or early intervention mental health and/or substance use services.

3. Supervise grant activities not limited to the direct provision of clinical mental health services by contracted providers. Contractors may also use contracts to strengthen the services provided by school-employed mental health professionals and other school staff through activities such as consultation, care coordination, professional learning, coaching, implementation support, or other strategies that build sustainable school-based capacity and improve access to a continuum of mental health services and support.

4. Establish a Memorandum of Understanding (MOA) or a contract between the school division and telemental health provider that outlines how services will be provided. The agreement should also cover at a minimum the following areas:

a) Name of mental telemental health provider (if applicable)

b) School within division receiving services

c) Types of services provided by the mental health provider

d) Consideration for privacy during telemental health visits

e) Obligations of the telehealth provider in service delivery

f) Medical Records Privacy and Security

g) Payment/billing for services

h) Additional provisions

i) Parental consent

j) Terms of agreement and termination

k) Technology and Support

l) Indemnification and liability

5. Identify a point of contact for the school division who can speak to the specifics of the implementation process and services being provided.

6. Ensure the school division and telemental health provider have capabilities in place for third party billing (i.e. insurers or public programs) for services provided. Funding (up to 10% of total budget) can be used to support personnel to process third party billing at the school division https://www.doe.virginia.gov/home/showpublisheddocument/48133/639149562519870000 https://www.doe.virginia.gov/home/showpublisheddocument/48133/639149562519870000 https://www.doe.virginia.gov/home/showpublisheddocument/48133/639149562519870000

7. Participate in any meetings and/or site visits conducted by DBHDS and its partners during the term of this contract. DBHDS will provide advance notice of visit, and the school division shall provide reasonable access to the site.

B. The Agency will:

1. Upon contract execution, designate an individual(s) as an authorized representative, the Contract

Administrator (CA), to administer all services performed in conjunction with an awarded contract(s).

DBHDS will provide the CA’s contact information to the Contractor upon contract execution.

VI. OPTIONAL PRE-APPLICATION CONFERENCE

An optional pre-application teleconference will be held on Thursday, August 27, 2026 at 10:00 A.M. EST.

Click here to register for the optional pre-application conference.

The purpose of this conference is to allow potential applicants to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to applying, applicants are encouraged to participate.

Any changes to the RFA resulting from this conference or questions received will be issued in a written addendum to the RFA and will be posted on the statewide electronic procurement portal, eVA at www.eva.virginia.gov.

VII. DEADLINE FOR QUESTIONS

Questions are due no later than five (5) working days before the application due date. DBHDS cannot guarantee a response to questions received less than five (5) working days prior to the application due date.

No questions will be addressed orally. Any revisions to the solicitation will be made only by addendum issued by the contract officer.

VIII. APPLICATION PREPARATION AND SUBMISSION INSTRUCTIONS

A. Applications must be signed by an authorized representative of the applicant. All information requested should be submitted. Failure to submit all the information requested may result in requesting prompt submission of the missing information and/or giving a lowered evaluation of the application. Mandatory requirements are those required by law or regulation and cannot be waived and are not subject to negotiation.

B. Applicants should submit a complete response to this RFA no later than the due date and time shown on the cover page. Any responses received after the submission due date and time will not be considered.

C. Applications should provide a concise description of capabilities to satisfy the requirements of the RFA.

Emphasis should be placed on completeness and clarity of content. All pages of any attachments should be numbered.

D. Applications should be submitted via eVA. Any applications received via hand-delivery, mail, email, or fax will not be accepted.

E. Ownership of all data, materials, and documentation originated and prepared for the DBHDS pursuant to this RFA shall belong exclusively to DBHDS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an applicant https://events.gcc.teams.microsoft.com/event/1b09b495-b728-4854-9a4f-cc5dfc37b87d@620ae5a9-4ec1-4fa0-8641-5d9f386c7309 http://www.eva.virginia.gov/ shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the applicant must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information. The classification of an entire application document, line-item prices, and/or total Application prices as proprietary or trade secrets is not acceptable and will result in rejection of the application. If, after being given reasonable time, the applicant refuses to withdraw an entire classification designation, the application will be rejected. FAILURE TO COMPLY WITH THE STATUTORY REQUIREMENTS

WILL RESULT IN ALL APPLICATION MATERIALS BEING SUBJECT TO RELEASE TO OTHER

APPLICATIONS AND THE PUBLIC IN ACCORDANCE WITH THE VIRGINIA FREEDOM OF

INFORMATION ACT.

IX. APPLICATION CONTENT AND REQUIRED FORMS

A. RFA Cover Page

The RFA Cover Page must be completed and signed by an authorized representative of your organization.

B. Addenda Sign and return addenda acknowledgements, if applicable.

C. Application

1. Applicant Information

• Organization Information

• Primary Contact Name, Title/Role, contact information (phone, email, and address

2. Narrative Proposal

• Describe the approach to providing school-based mental health and/or substance use disorder services through in person and or telemental health.

• Applicants must subcontract with one or more public/private community partners to deliver services during or after school hours.

1. Describe and confirm that the subcontractor agreement addresses:

a. School(s) within the division receiving services

b. Medical Records Privacy and Security

c. Payment/Billing

d. Parental Consent

e. Types of services provided by the telemental health provider

f. In Person Referrals, if applicable

g. Indemnification and Liability Obligations

h. Provision of Technology and Support for telemental health services

i. Privacy Policies surrounding medical data and patient confidentiality for telemental health services

2. Describe and confirm that services provided by the selected telemental health provider, if appropriate, include early intervention or prevention mental health services.

3. Describe and confirm that services provided by the selected telemental health provider are evidence based and/or informed practices for students and family (when relevant)

Any mental and/or substance use disorder screenings, assessments, and interventions that applicants offer must be based on the screening and assessment results for students in the school setting.

If funding will be used to support activities across multiple schools, indicate which services will be provided at each school. Funds cannot be used for Therapeutic Day Treatment

(TDT).

• Description of proposed telemental health provider for contractual partnership, Disparity of Impact statement, school-based mental or substance use disorder trainings, school-based mental telehealth personnel, data collection processes, and other collaborations and partnerships

3. Budget and Budget Narrative

• Upload a detailed budget document showing the proposed use of funds for indigent beds.

• Provide a brief justification summary

4. Affirmation & Agreement

• Confirm information is true and acknowledge compliance requirements

X. ESTIMATED PROJECT TARGET TIMELINE

Actual dates subject to change

Milestone Date Application Review Period September 17 – September 19, 2026 Notice of Award Issued October 15, 2026 Award Period October 15, 2026 - June 30, 2027

XI. EVALUATION AND AWARD CRITERIA

Applicants will be evaluated based on the content of their application and the associated documents, submission and their demonstrated capacity to operate in alignment with DBHDS certification standards. The evaluation will be adjectival, and applications will be rated using the criteria in the table below.

Rating Description Exceptional The content of the application demonstrates an exceptional understanding of the exceptional understanding of school-based mental health and/or telemental health service delivery. Major strengths are illustrated. No significant weaknesses exist.

Acceptable The content of the application demonstrates an acceptable understanding of school-based mental health and/or telemental health service delivery. There may be strengths and weaknesses;

however, strengths outweigh the weaknesses.

Marginal The content of the application demonstrates a minimal understanding of school-based mental health and/or telemental health service delivery . Weaknesses have been found that out balance any strengths that exist.

Unacceptable The content of the application is significantly incomplete and/or the fails to demonstrate an understanding of school-based mental health and/or telemental health service delivery .

XII. 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 Applications, Applicants certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulations 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 Applications, Applicants certify that their Applications are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Applicant, supplier, manufacturer or subcontractor in connection with their Application, 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: 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 RFAs: Failure to submit an Application on the official state form provided for that purpose may be a cause for rejection of the Application. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the Application; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such an Application.

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the Contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To SubContractors:

a. Within seven (7) days of the Contractor’s receipt of payment from the Commonwealth, a Contractor awarded a contract under this solicitation is hereby obligated: (1.) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2.) To notify the agency and the subcontractor(s), in writing, of the CONTRACTOR’s intention to withhold payment and the reason.

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF APPLICANTS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the Applicant to perform the services/furnish the goods and the Applicant shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect the Applicant’s physical facilities prior to award to satisfy questions regarding the Applicant’s capabilities.

The Commonwealth further reserves the right to reject any Application if the evidence submitted by, or investigations of, such Applicant fails to satisfy the Commonwealth that such Applicant 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 an Application, the Applicant 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 Applicant 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.)

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

S. DRUG-FREE WORKPLACE: 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: An Applicant shall not be discriminated against in the Request for Application or nay resulting 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 Applicant 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 Applicants must register in eVA; failure to register will result in the Application being rejected.

V. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound here under 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. PRICE CURRENCY: Unless stated otherwise in the solicitation, Applicants shall state 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 disability.

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

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

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

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

Z. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior to the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services.

AA. AWARD TO MULTIPLE APPLICANTS: Selection…