RFP #2024-02 HRMS DC FINAL DRAFT.pdf

Valley Community Services Board

85 Sangers Lane

Staunton, VA 24401

Phone: 540-887-3200

Fax: 540-887-3245

Request For Proposals

RFP #2024-02

Title: Human Resource Management Software

Request For Proposals (RFP)

RFP #2024-02

Issue Date: March 8, 2024

Title: Human Resource Management Software

Issuing Agency: Valley Community Services Board

Staunton, VA 24401

Direct Inquiries to: Adrienne Moats, Purchasing Agent, VCO amoats@vcsb.org

Proposal Due Date: April 1, 2024

2:00 PM

Proposal Delivery Address: Valley Community Services Board

Attn: Adrienne Moats, Purchasing Agent

Preproposal Conference: (Optional) A virtual conference is being held on March 18, 2024, between 1:30

PM – 3:30 PM. Please contact Adrienne Moats via email (amoats@vcsb.org) to receive an invite to the meeting.

In compliance with this Request For Proposals (RFP) and all conditions in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation and the undersigned firm hereby certifies that all information provided below and in any schedule attached here is true, correct and complete.

Name And Address Of Firm:

_________________________________________ Date: _________________________________________

_________________________________________ By: _________________________________________ (Signature In Ink)

_________________________________________ Name: _________________________________________ (Please Print)

______________________ Zip Code: __________ Title: _________________________________________ eVA Vendor ID or Federal ID #: ________________ Telephone Number: _______________________________

Fax Number: ______________________________ Email Address: ___________________________________

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 in subparagraph 1.f in

General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made tin that invitation to bid or request for proposal.

mailto:amoats@vcsb.org

RFP #2024-02 Human Resource Management Software

TABLE OF CONTENTS FOR RFP #2024 -02 HUMAN RESOURCE MANAGEMENT SOFTWARE

I. PURPOSE PAGE 4

II. BACKGROUND PAGE 4

III. SCOPE OF WORK PAGE 4

IV. PROPOSAL PREPARATION AND

SUBMISSION INSTRUCTIONS

V. EVALUATION AND CRITERIA PAGE 12

VI. REPORTING AND DELIVERY

INSTRUCTIONS

VII. PREPROPOSAL CONFERENCE PAGE 13

VIII. GENERAL TERMS AND CONDITIONS PAGE 14

IX. SPECIAL TERMS AND CONDITIONS PAGE 20

X. METHOD OF PAYMENT PAGE 28

XI. PRICING SCHEDULE PAGE 28

XII. ATTACHMENTS PAGE 28

I. PURPOSE: The purpose of this solicitation is to establish a contract with a suitably qualified Offeror for all-inclusive Human Resources software through the RFP process. Valley Community Services

Board employees over 200 (two-hundred) individuals. This opportunity also includes the option to renew for an additional 5 (five) years.

II. BACKGROUND: Valley Community Services Board provides community - based mental health, developmental disability and substance use services; serving the counties of Augusta and Highland and the cities of Staunton and Waynesboro in the Commonwealth of Virginia.

Valley Community Services Board’s Human Resource Department currently utilizes Microsoft Great

Plains for all of its employee records, including payroll, on-boarding, off-boarding and general HR functions, etc.

III. SCOPE OF WORK:

KEY DATES:

RFP Issued March 8, 2024

Questions Due March 22, 2024; 2:00 PM

Responses Posted March 26, 2024; 4:00 PM

Proposals Due April 1, 2024; 2:00 PM

Evaluations and Interviews April 2, 2024 – April 5, 2024

Selected Firm Notified By April 30, 2024

System Functionality

1. Enterprise

a. System shall have the ability to allow system access based on roles and location as determined by the HR Department.

b. System shall have the ability to provide automated workflow, with email notifications, for the entire Human Resource process to include but not be limited to recruiting, hiring, onboarding, employee review, separation, payroll and time keeping.

c. System shall have the ability to produce and maintain multiple types of Human Resource documents such as W-2s, 1095s and other payroll/tax related forms, I-9s, performance and development plans, employee agreements, new hire packets, etc.

d. System shall have the ability to provide template letters and/or forms to cover multiple Human Resource needs such as job offer letters, COBRA letters and separation letters.

e. System shall have the ability to provide multiple reports for each function within the system.

Reports shall be exportable in standard formats such as Excel, CVS and PDF while allowing for separation.

f. System shall have the ability to automatically escalate workflow tasks as needed.

g. System shall have the ability to develop and print identification badges.

2. Organizational Management

a. System shall be able to generate organizational charts at various levels throughout the organization.

3. Position Management

a. System shall have the ability to track and open positions within the organization structure allowing for position control, including position budget, current and past incumbents, and other relevant current and historical data points.

b. System shall have the ability to track employee head counts and full-time equivalency (FTE) counts for associated positions both in real time and historical point-in-time snapshots.

c. System shall have the ability to maintain records for replacement planning, indicating possible new positions for employees.

d. System shall have the ability to track status of position approval.

e. System shall have the ability to provide historical data for position records and position assignments; historical data needs to be independent from current (e.g., ability to allow for a position number to be recycled without impacting historical use of the position number).

4. Manager Self-Service

a. System shall have the ability for managers to have access to the entire employee self-service portal for themselves in addition to a manager self-service portal as a team leader within the same self-service portal.

b. System shall have the ability for managers to initiate a variety of transactions (e.g., PTO and scheduling requests, requests for disciplinary action, performance management) through automated workflow, including review and approval as needed.

c. System shall have the ability for managers to generate a variety of standard and custom reports.

d. System shall have the ability to provide supervisors with a forecast of the effect of PTO requests on available PTO balances to avoid approving more PTO than is available.

5. Employee Self-Service

a. System shall provide a self-service engine that allows employees to view documents, policies, messages, their own employee information such as job history, leave history, accrued leave balances of multiple types (e.g., sick, PTO, continuing education hours, floating holidays), compensation, a paycheck calculator, and other useful features.

b. System shall have the ability to perform time and attendance functions such as semimonthly timecards with approvals, requests for time-off restricted to by the balance of available PTO, and enter leave time used during a specific period.

c. System shall have the ability to allow employees to initiate a variety of transactions through automated workflows.

d. System shall have the ability to allow separated/former employees limited access to employee self-services (e.g., retrieve W-2, update mailing address).

6. Compliance

a. System shall provide compliance reporting with the ability to generate reports based on current and/or historical periods. Standard reports shall include at a minimum: EEO-4, OSHA 300, OSHA

301, multi-worksite reports, tax documents, automatic notifications of I-9 expiration/visa expiration and credential expirations.

b. System shall have the ability to track compliance with ACA regulations and generate 1095 forms.

c. System shall have the ability to track ADA and disability information.

d. System shall have the ability to track demographic information related to employees, including but not limited to military/veteran status, gender, disability status, and age.

e. System shall have the ability to track all work-related accidents/injuries and provide all details needed by HR. Such details may include:

i. Accident or exposure,

ii. Date and time,

iii. Days away from work,

iv. Days of restricted work,

v. Illness or injury,

vi. Complete incident description, and

vii. The ability to add notes.

7. Budget/Compensation

a. System shall have the ability to track, report, and analyze wage and benefit expenses, including but not limited to shift differentials, overtime, bonuses/incentives, fixed rate pay codes, and blended benefits, deductions, or pay codes.

b. System shall allow for initiating automated salary increases based on several different factors which may include both individual or agency-wide increases by dollar amounts or percentages

(or a combination of both), or specific to position types or teams. Salary increases shall be able to be assigned an effective date, including dates in the past and calculate back-payment as necessary.

c. System shall allow for fixed allocations of payroll expenses over multiple reporting units.

d. System shall have the ability to apply multiple compensation and benefits changes at one time for a single employee or group(s) of employees.

e. System shall have the ability to provide budget projection, reporting, comparative analysis of projected, current/actual, and historical data.

f. System shall have the ability to provide granular reporting of compensation data including primary and secondary pay codes.

g. System shall have the ability to provide the allowance for use of multiple compensation structures.

h. System shall have the ability to easily show current and historical compensation and benefits details for each employee.

i. System shall have the ability to calculate PTO accrual according to defined business rules and generate a journal entry for review/approval.

j. System shall develop labor accrual posting in accordance with the agency’s accrual accounting standards.

8. Human Capital Management

a. System shall have the ability to maintain historical data for current and former employees.

b. System shall have the ability to allow HR to define customized fields for employee profiles, such as custom training/certification titles.

c. System shall have the ability to create and maintain electronic personnel files that are both system generated and scanned into the system with the ability to control access to confidential or otherwise restricted files (e.g., criminal background check results). System-generated files should be printable.

d. System shall have the ability to allow HR to assign each employee a unique identifying number with a minimum of six (6) numbers.

e. System shall have the ability to maintain all job-related details per position for all employees, including but not limited to:

i. Pay codes connected to positions,

ii. FLSA status,

iii. EEO and workers’ compensation job codes,

iv. Salary and job family,

v. Annual work hours, both projected and actual,

vi. Approved work schedule,

vii. FTE count, and

viii. Assigned assets, such as laptop or cell phone.

f. System shall allow managers to run ad hoc reports detailing all employee data based on permissions as determined by HR.

9. Recruiting and Applicant Management

a. System shall have the ability to both provide a library of templates for use by HR and for HR to develop its own templates. Templates may include:

i. Job postings,

ii. Job descriptions,

iii. Application review tools,

iv. Interview questionnaires,

v. Application questionnaires, and

vi. Offer letters.

b. System shall have the ability to allow system users with the appropriate authority to determine which fields in the templates are required.

c. Systems shall have the ability to post jobs both internally (only) and externally.

d. System shall have the ability to track expenses by requisition and associate the costs with a general recruiting activity.

e. System shall have the ability to integrate with external jobs boards, such as Indeed, LinkedIn, and others.

f. System shall have the ability to initiate automatic email notifications to applicants determined by an application’s status. Email notifications, triggers, and statuses must be customizable.

g. System shall have the ability to seamlessly integrate with standard email systems such as

Microsoft Outlook.

h. System shall have the ability to filter applications by multiple criteria.

i. System shall have the ability to maintain submitted resumes based on criteria such as job title, skills, or other HR designated categories.

j. System shall have the ability to provide a library of standard communication templates which can be edited, emailed, or printed in a useful format, and stored, deleted, or discontinued without affecting historical records.

k. System shall have the ability to initiate and manage recruitment or hiring requests, allowing hiring managers or HR team members to initiate requests for recruitment/hire, generate or import necessary documents as attachments, and route to appropriate parties for review and approval.

l. System shall have an applicant self-service portal with the ability for HR to manage system access for applicants (e.g., reset passwords) that allows applicants to, at a minimum:

i. View the status of recent applications,

ii. Modify current active applications, and

iii. View and apply for other open positions.

m. Systems shall have the ability to enter, track, and retain all recruitment information required by statute or agency policy.

10. On-Boarding & Off-Boarding

a. System shall seamlessly integrate with position management tools and personnel records within the HRMS once an offer has been accepted.

b. System shall have the ability to HR to generate automated pre-hire workflows, such as sending pre-hire paperwork, and easily track candidate progress through required steps.

c. System shall have the ability to integrate historical data as necessary for re-hires (e.g., employee ID number).

d. System shall have the ability to create and track an onboarding checklist for hiring and on-boarding to ensure proper communication and thoroughness for the hiring manager, new hire, and HR.

e. System shall have the ability to facilitate the automation of new hire paperwork.

f. System shall have the ability to track all necessary approvals and assignments to ensure the new hire has all necessary hardware and software on start date, i.e. computer requests, telephone requests, etc.

g. System shall have the ability to initiate termination letters and generate internal notifications to appropriate individuals.

h. System shall have the ability to enter, track and retain all separation information deemed necessary by HR, including but not limited to the reason for separation, exit interview information, and whether an individual is re-hirable.

11. Employee Training & Development

a. System shall have the ability to track and maintain all necessary details of an employee’s development. Tracking may include but is not limited to:

i. Core competencies,

ii. Career development goals,

iii. Licenses/Certifications and associated information (e.g., license number, expiration date), and

iv. Performance reviews and stay interviews.

b. System shall have the ability to integrate with an external learning management system (VCSB currently uses Relias) or allow for import and export of required data, including but not limited to, required trainings, and expiration dates.

12. Leave Administration

a. System shall have the ability to support multiple types of leave according to various business rules, including but not limited to PTO, sick leave, floating holidays, FMLA, ADA, and short- and long-term disability.

b. System shall have the ability to track leave of absence, including dates, type/reason, cumulative use of leave, and historical use of leave by type.

c. System shall have the ability for PTO to be configured to accrue based on length of service with a pre-determined carry-over amount.

13. Time and Attendance

a. System shall have the ability to provide electronic timecards that allow employees to utilize only the pay codes that are approved for their position or situation.

b. System shall utilize a validation process to alert users of unusual entries (e.g., recorded time does not match approved schedule) and errors and prevents submission with critical errors present (e.g., utilizing more PTO than is available).

c. System shall have the ability to connect multiple positions, departments, and pay codes to a single employee.

d. System shall have the ability to support multiple rounding rules.

e. System shall be able to effectively apply shift differentials and other position premiums according to business rules.

f. System shall have the ability to operate according to complex pay rules based on time sheet details, employee or position details, employee schedule, and employer calendar.

g. System shall allow for custom pay codes that operate according to both hours worked (e.g., hourly wage or shift differential) and fixed units (e.g., one-time bonus or stipend).

h. System shall have the ability to allow designated employees such as supervisors or HR team members to adjust timesheets for others.

i. System shall have the ability to provide employees relevant information, such as available PTO balance or applicable pay in a useful format for ease of time and attendance reporting.

j. System shall have the ability to automatically apply agency-approved paid holidays and other agency-wide paid non-work time (e.g., the agency closes for inclement weather but decides to pay employees without requiring the use of PTO) to employee timecards.

k. System shall have the ability to allow users to clock in/out seamlessly with multiple positions, time codes, and departments.

l. System shall have the ability for IP or location-based restrictions for access to making timeclock entries as needed (e.g., restricting an employee’s ability to clock into a secondary position unless the employee is physically on site).

m. System shall have the ability for supervisors or other designated employees to build, manage, and track schedules as needed.

14. Payroll Processing

a. System shall have the ability to review and process timecards.

b. System shall have the ability to calculate weighted overtime for non-exempt employees according to applied business rules for a semimonthly pay cycle and must understand the difference between a flat rate pay code (e.g., a holiday bonus paid as one unit) and an hourly rate pay code (e.g., hourly wage).

c. System shall have the ability to connect to general ledger/accounting software (VCSB currently uses Microsoft Dynamics GP).

d. System shall have the ability to calculate and track deductions in arrears, repayment of overpayments or incentives (e.g., a sign-on bonus), taking into account tax year and historical pay rate or deduction information.

e. System shall have the ability to manage complex benefit and deduction calculations, such as garnishments or blended retirement benefit rates required by the Virginia Retirement System effective July 1, 2024.

f. System shall have the ability to provide employees with access to pay stubs that are easy to interpret.

g. System shall have the ability to allow for processing of new hire onboarding without impacting current payroll processing (e.g., allowing HR to create a new hire with a start date of the first of the month in the current pay period without pulling that employee into the pay period being processed from the end of the previous month).

h. System must provide sufficiently detailed reports for pre- and post-check processing to allow for a proper review and approval of payroll each pay period.

i. System shall have the ability to initiate direct deposit payments and print paper checks for payroll payments.

15. Employee Relations

a. System shall allow for the completion of performance plans and reviews, to include automated workflow and approval process, to be completed inside the system. This should allow administrators to configure the review process in any way necessary as deemed by HR and allow for weighting of performance areas.

b. System shall have the ability to allow employees to submit review feedback and complete self-evaluations.

c. System shall have the ability to maintain historical data for performance reviews.

d. System shall have the ability to compile all performance information and maintain the information in a repository.

e. System shall have the ability to provide a link from performance management to compensation to allow for merit increases and incentives.

f. System shall have the ability to initiate disciplinary documentation as part of an automated workflow with appropriate review/approval steps designated by HR.

16. Succession Management

a. System shall have the ability to store succession documents and allow for printing.

b. System shall have the ability to track and report on critical roles and critical talent.

c. System shall have the ability to track core competencies.

17. Support & Training

a. Offeror shall provide ongoing support, in-person training with self-guided options, during both implementation and afterwards while HR maintains any proposed system.

b. Offeror shall provide detailed training to HR employees which may include but is not limited to in-person training, training modules, or training scripts.

c. Offeror shall provide a project team with experience on projects closely related to HR’ s needs and at least one public sector client with needs similar to HR.

18. Project Timeline

a. Offeror shall be able to provide a detailed timeline with direct support provided. System shall go-live no later than October 1, 2024.

19. Technical Requirements

a. The system shall have the ability to provide programming interfaces for application and data integration with other external systems using technologies that adhere to industry standards, such as FTP, XML, SOAP or Restful web services etc. The solution should also offer the ability to export and import data to and from CSV, Excel, XML and JSON formats.

b. All system access and activity shall be logged. Logs should be available to VCSB IT and shall not be modifiable or delete-able by application users.

c. System shall provide the ability to integrate with Active Directory to enable single sign-on.

d. If cloud hosted, system shall provide the ability to use Azure AD for same sign-on.

e. System shall provide role-based security (system access based on an individual’s role within the organization).

f. System shall designate different levels of ability to manage system administration activities, from a super user with all rights, to users with lesser degrees of system administration access.

g. System shall provide the ability to activate new users automatically or manually.

h. System shall provide the ability to terminate employees’ access automatically or manually.

i. System shall provide the ability to secure sensitive data at a field level.

j. System shall have the ability to audit who has viewed/changed items in the system.

k. System shall be designed to support High Availability and data redundancy at a level required by VCSB.

l. System shall have the ability to re-brand the web pages (i.e., use our own logo).

m. If the proposed solution provides the ability to customize or enhance the software, the vendor shall provide training on how to customize and on use of toolset available.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. General Instructions:

1. RFP Response:

One (1) original and five (5) copies in a sealed envelope, marked RFP #2024-02 HUMAN

RESOURCE MANAGEMENT SOFTWARE; will be received until 2:00 PM, April 1, 2024 . Copies are to be clearly marked as such and must contain the same information as the original. One (1) redacted copy clearly marked as such shall be included in the proposal submission (if Offeror has invoked the protections trade of §2.2-4342F of the Code of Virginia). All proprietary and trade secret material must be marked clearly. It is the responsibility of the Offeror to ensure their proposal reaches the Purchasing Department prior to the closing of the solicitation.

Proposals shall be submitted to:

Valley Community Services Board

ATTN: Purchasing Department, Adrienne Moats

2. Specific Proposal Instructions:

a. Return the signed RFP Cover Sheet (in ink), attachments and signed addenda acknowledgement (if necessary).

b. Contents of the proposal should include references from current clients, capabilities of the proposed solution (technical and functional), experience and qualifications of the firm, the support and training the firm is willing to offer, as well as price.

i. Price shall include a delineation of additional costs related to customization, options and/or functionality.

3. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the Offeror, sealed and received by Valley Community Services Board.

b. All information requested should be submitted. Failure to submit all information requested may result in Valley Community Services Board requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

c. Proposals should be prepared simply and economically, providing straightforward and concise information to satisfy the requirements of the RFP.

d. All pages of the proposal should be numbered and should include a Table of Contents that coincides with the RFP.

e. Each hard copy of the proposal should be bound or contained in a single volume where practical. All submitted documentation should be contained in that single volume.

f. Font should not be smaller than eleven (11) points.

g. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal and a demonstration of their product or service, as applied or requested. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not involve negotiation.

Valley Community Services Board will schedule the time, date and location of the presentation.

h. There shall be no contact with an evaluation committee member or any other person within Valley Community Services Board regarding this solicitation, while it is active. Contact of this nature may jeopardize the evaluation process and may result in the proposal being eliminated from consideration. Any questions are to be directed to Adrienne Moats, Purchasing

Agent via email (amoats@vcsb.org).

V. EVALUATION AND AWARD CRITERIA: Proposals shall be evaluated by Valley Community Services

Board using the following criteria.

Criteria Point Value

Technical Capabilities of Proposed Software 25 pts.

Experience and Qualifications of Offeror 5 pts.

References from Current Clients 5 pts.

Training and On-going Support 15 pts.

Functional Capabilities of Proposed Software 30 pts.

Price 20 pts.

Total 100 pts.

Award of Contract: Selection shall be made of two or more Contractors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals.

Negotiations shall be conducted with the Contractors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each

Contractor so selected, the agency shall select the Contractor which, in its opinion, has made the best proposal and shall award the contract to that Contractor. Valley Community Services Board may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should Valley Community Services Board determine in writing and in its sole discretion that only one Contractor is fully qualified, or that one Contractor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Contractor. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the

Contractor’s proposal as negotiated.

VI. REPORTING AND DELIVERY INSTRUCTIONS:

A. The successful Offeror shall provide a weekly progress report to the Human Resources Director on the implementation of software for the following milestones:

1. Training of staff who will be utilizing the software.

2. Implementation of software from current to proposed solution, including anticipated date of completion.

3. Challenges that present themselves throughout the course of the transition between current and new solution.

B. The Successful Offeror shall provide a detailed report 30 (thirty) days after the award date of the contract outlining how they will begin the implementation process or the proposed software solution. Items reported shall include:

1. Projection of anticipated custom solution requirements.

2. Provide a list of any data VCSB needs to provide for the custom solution.

3. Projected project timeline.

C. The successful Offeror and Human Resources Director shall meet two weeks before completion of the

“go-live” date to determine if more training is required for staff.

VII. PREPROPOSAL CONFERENCE: (Optional)

An optional preproposal conference will be held virtually on March 18, 2024 between 1:30 PM –

3:30 PM. Please contact Adrienne Moats via email (amoats@vcsb.org) to receive an invite. The purpose of this conference is to allow potential Offerors an opportunity to gain insight into the organization as a whole and to offer clarification on the needs of Valley Community Services Board.

VIII. 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 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 www.eva.virginia.gov under “Vendors Manual” on the vendors tab.

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 and any litigation with respect thereto shall be brought in the 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 proposals, offerors certify to VCSB 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 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).

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, 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, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of #1 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 its proposal, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their (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: By entering into a written contract with VCSB, 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.

http://www.eva.virginia.gov/

F. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the

Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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 period of time as the debarred vendor.

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal.

Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, VCSB reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation before the due date specified on the RFP. 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 of 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 the date of offset 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. 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. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from VCSB 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 VCSB, 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 VCSB.

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

M. TESTING AND INSPECTION: VCSB 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 assigned by the contractor in whole or in part without the written consent of VCSB.

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 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 dispute’s 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, VCSB, 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 VCSB may have.

Q. TAXES: Sales to VCSB 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.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict 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 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 VCSB 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 offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their proposals, all 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.

T. 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 this 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 REQUIRED FOR MOST CONTRACTS:

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 VCSB 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. VCSB must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by VCSB 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…