RFP 20260814 Commissary Services.pdf

PITTSYLVANIA COUNTY

BOARD OF SUPERVISORS

REQUEST FOR PROPOSAL

RFP: 2026-0814

Commissary Services for Pittsylvania County Jail

CONTACTS: CONNIE GIBSON, PURCHASING MANAGER

434-432-7744

Connie.gibson@pittgov.org

Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting.

mailto:Connie.gibson@pittgov.org

Pittsylvania County, Virginia

RFP # 20260814

Commissary Services

GENERAL INSTRUCTIONS TO OFFERORS

DUE DATE: Sealed Proposals will be received until September 10, 2026, no later than 11:00AM.

Failure to submit proposals to the correct location by the designated date and hour will result in disqualification.

ADDRESS: One electronic version (USB) and one (1) hard copies of the proposals should be mailed, or hand delivered to:

Pittsylvania County Purchasing Department

Att: Connie Gibson

1 Center Street

Chatham, VA 24531.

All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed

Proposal - RFP #2026-0814, “COMMISSARY SERVICES” Proposals not so marked or sealed shall be returned to the offeror and will not be considered.

Proposal Submission Requirements:

Proposals must be received by the Proposal Due Date and Time. Pittsylvania County offers the option to submit bids or proposals electronically through the Commonwealth of Virginia’s eVA procurement marketplace. You must be registered in eVA to submit electronic bids and proposals. There is no cost to register.

eVA Registration: https://eva.virginia.gov/register-now.html

Pittsylvania County will still accept paper responses, as well as requiring a paper response for the electronic bids/proposals for review purposes.

ADDENDUMS: If an addendum has been issued, the vendor needs to ensure that they have responded to the latest version of the IFB/RFP.

QUESTIONS:

1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than 12:00 p.m., Wednesday, August 25, 2026.

Questions need to be emailed to Connie.gibson@pittgov.org.

2. All responses to questions will be posted on Pittsylvania County website:

www.pittsylvaniacountyva.gov by August 26 2026, by 4:00pm. The offeror has the sole responsibility to go to the website and receive the responses or by contacting Connie Gibson requesting they be emailed. The responses will be an addendum to the RFP. All such responses by the County shall become part of the RFP.

3. Oral instructions do not become part of the proposal documents.

https://eva.virginia.gov/register-now.html mailto:Connie.gibson@pittgov.org http://www.pittsylvaniacountyva.gov/

In Compliance with this Request for Proposal the named party hereby submits a proposal in response to

Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal.

The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract.

The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this

RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract.

Name and Address Of Firm:

___________________________________________ Date: ______________________________________

___________________________________________ By: ______________________________________

(Signature in Ink by Officer of the Corporation)

___________________________________________ Name: _______________________________________

(Please Print)

_________________________Zip Code___________ Title: _____________________________________

Phone: (____) _______________________________ Fax: (_____) _________________________________

E-mail: _____________________________________ State of Incorporation: _________________________

State Corporation Commission #: _________________

Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers

Addendum No. ____________, dated____________

(Please note all addenda’s)

(Return this Form)

A. INTRODUCTION

Pittsylvania County Jail is looking for experienced vendors for commissary services for estimated 120 inmates. Inmates are to receive commissary once per week on the next day after the order is placed. The Pittsylvania County Jail is located on Bank Street in Chatham, Virginia.

B. SCOPE OF SERVICE

1. SOFTWARE SPECIFICATIONS

The Vendor’s proposed software must meet the following qualifications.

The vendor must own, write and support their software with no third- party involvement.

The software should be written in a relational data base. Access to the database should be limited to vendor’s support personnel to protect the integrity of the data structure and accounting principles.

Vendor shall provide a statement indicating that they employ all programming and technical support staff to support the enclosed project. The vendor shall include the number of years providing inmate banking software and the number of current clients with the software installed.

Upon successful completion of the contract term, the Pittsylvania County Jail shall be granted a non-exclusive license to the proposed inmate banking software provided by the vendor. This will Ensure the continuity of inmate accounting history and reporting.

All of the following shall be addressed in the proposal:

Software Development History

Full time programming staff employed by the vendor, dedicated to the proposed software.

The software support staff for the Pittsylvania County Jail.

Conversion and implementation plans.

Onsite data backup procedures.

Secure offsite data backup procedures.

2. RESIDENT BANKING SOFTWARE REQUIREMENTS

The following are the mandatory specifications that will be required of the proposed Resident Banking Software. The system must contain all of the requirements and system features that are outlined below.

The proposed Inmate Banking Software should provide for an accurate, cashless accounting of all inmate monies, expenses, purchases, and pay-for-stay. At a minimum, it must contain all of the features and reporting included in the request for proposal. This includes the following:

Software Feature

•General Ledger with Automatic Dual Accounting Posting

•General Ledger Reporting for all Ledger Accounts

•Date Specific Reports for all Ledger Accounts

•Provide for a Trial Balance to be run at any time

•Fiscal Year Maintenance with End of Month Reporting

•Allow for Year End Fiscal Adjustments to be entered prior to Closing the Fiscal

Year

•Checkbook Reconciliation with Multiple Checkbook Capabilities

•Resident Bail Module Complete with Reports Section

•Resident Receivables Module Complete with Reports Section

•Resident Payroll Module Complete with Reports Section

•Automatic Check Writer with MICR Check Writing

•Positive Pay Module to Transmit Check Information to the Bank

•Provide for an Automatic Checkbook Reconciliation Module

•Receivable Invoicing with complete Account Receivable Module and Reporting to include an Invoice generated at release & the ability to generate invoice, which fit into Window Envelope. Allow for an Invoice to be generated at both release & at a facility defined time to generate an invoice which fits into a window envelope

•Provide for a Multiple Release Module to release a group of inmates on the same check with appropriate report

•Commissary Inventory Module with Reports Section

•Resident Property Module with Reports Section

•Indigent Module which includes the ability to rotate up to (99) ninety-nine Indigent packs individually for each inmate based upon monetary and time criteria to be determined by the facility.

•Allows for Debt to be collected based upon a percentage of incoming funds to be determined by the facility.

•Allows for collected funds to be applied to debts either by priority, percentage, or both as defined by the facility.

•The System Must Always be in Balance within the General Ledger

•Provide reports on cash drawer balancing and balance history

•Provide reports on commissary orders, order rejections, commissary sales, and products offered

•Provide reports of frozen inmate accounts or accounts with administrative holds or other facility designated restrictions

•Provide account summaries (both individual and facility including transaction history

•Provide for Escheating/Reclamation of checks automatically in the system

•Provide for reports on all checkbook activity by operator defined criteria

•Provide reports based on user definable date time periods

•Allow for Accounts to be closed with a facility defined minimum balance not to be paid to the resident

•Provide for Inactivity Maintenance to include reporting and reclamation of moneys.

•Provide for Resident Intake and Release Reporting

•Allow for Multiple Checkbooks to be set up in the software

•Allow for Multiple Profit Accounts to be maintained within the software

•Provide for Facility & Operator Log Reports

•Provide for the ability to perform Automated Group Charges by facility designated criteria

•Allow for the Classification of Inmates for the purpose of precluding charges being made on those accounts

•Allow for the assignment of a Facility designated permanent number to each inmate

•Allow for reports to be run on both the permanent number and booking number for each Resident

•Allow for the primary “booking” number to be modified when errors occur in resident identification

•Allow for a “Stored Signature” to decrease paperwork involved with resident accounting

•Allow for funds to be transferred from one resident account to another by authorized personnel

•Allow for specific deductions to be assigned to individual accounts with an

“automatic” collection per facility designated criteria

•Allow for the generation of a log of intakes and releases for a period of time

•Allow for the input of resident address and phone contact information of the purposes of generating invoices and receiving payments for debt after resident release

•The banking software must allow for resident releases to be done by Cash, Credit, or

Smartcard or combination of the above as determined by the facility.

•The software must contain the ability for the vendor to implement an automated

Grievance/Request program.

3. ELECTRONIC RESIDENT PAYMENT SERVICES

Vendor shall provide in their proposal a description of any automated resident payment options, which may be available to the facility. This should include literature, service requirements and detail any costs to Pittsylvania County. The proposed payment options must be fully integrated with the resident banking software, owned, written and supported by the client. Vendors must provide at least four (4) references where these are currently installed in a correctional setting in the

State of Virginia.

4. COST RECOVERY COMPONENTS

The vendor must provide in the proposal, in detail, the capabilities of the proposed system to implement an effective cost recovery program. The vendor shall provide information regarding how other facilities have implemented a cost recovery program and the projected financial impact this will have on Pittsylvania County.

5. AUTOMATED RESIDENT COLLECTION SERVICES

The vendor shall provide in their proposal a list of any automated collection services for inmates who leave with debt that they have to offer and detail any costs that are associated with this service.

6. AUTOMATED SELF SERVICE SOLUTIONS

The vendor must provide a Lobby Cashier payment acceptor and detail any costs that are associated with this service. The vendor will provide quantitative information on the impact the proposed solution will have on the facility.

The solutions must be funded through the convenience fee that the depositor pays.

The proposed fee shall not exceed $3.50 for cash and must allow for Credit and

Debit card transactions.

The Self- Service Lobby Cashier device must handle Cash, Credit and Debit card transactions. The Pittsylvania County Jail will not be responsible for the handling of cash, credit or debit transactions. The device must be integrated with the vendor’s own resident banking software and transactions posted in “real-time”. Please provide at least three (3) references where they are currently installed in a correctional setting with at least (1) in the State of Virginia.

7. SYSTEM REQUIREMENTS

The proposed software must meet the following criteria:

System Features

• Windows Based

• Utilizes a relational data base (Vendor must support their own data base)

• Allows for System Wide Settings

• Allows for Individual Facility Site Settings

The vendor will provide information regarding the data backup & restoration procedures in the case of a hardware failure. In addition, the vendor will provide information regarding initial and ongoing virus protection provided by the vendor.

8. HARDWARE REQUIREMENTS

The vendor must provide the necessary hardware to implement their services. This must include at a minimum, the following:

• One (1) server

• One (1) workstation

• One (1) 19” Flat Screen Monitor

• One (1) Signature Pads

• One (1) Receipt Printer

• One (1) Laser Report Printer

• One (1) MICR Check Printer

• One (1) Lobby Kiosk

The proposal must include the following:

• List of Hardware to be provided. All hardware must be new.

• List of the Hardware Support staff for the Pittsylvania County Jail.

• The maintenance schedule for the proposed equipment.

• 24/7 Support

The proposal shall include information related to other hardware peripherals, which are available from the vendor. These peripherals should be integrated with the vendor’s software. The vendor shall provide the costs to the Pittsylvania County Jail associated with acquiring the proposed peripheral devices

9. COMMISSARY OPERATING PLAN

The vendor will provide the following information with regards to the proposed commissary services.

a) The Offsite Commissary services requested must be provided once per week to each inmate and must be next day service. The inmate’s order will be processed and delivered, FOB Inmate the next day in the vendors own vehicles to ensure the security of the shipment.

b) References of other facilities where the vendor provides FOB Inmate commissary services with delivery to the inmates must be provided in this section including at least one (1) in Virginia

c) Location of Service Center. The Pittsylvania County Jail requests that the service be provided locally from a location within two hours of the Chatham area. You must also include the location of the back- up Service Center, which is fully staffed to provide service and support in the case of a natural disaster. (The service center does not need to be a minimum square foot but must be capable of supporting the proposed operation)

d) Commissary orders will be processed by the vendor utilizing offsite scanning of orders by vendor employees. Vendor will be responsible for scan menu shipping costs.

e) Overview of proposed commissary operating plan to include service levels, delivery of products, and back up operating plan. Inventory levels should be sufficient to exceed a

98% order fill rate.

f) Order packaging procedures to include order-filling procedures.

g) Product must be name brand; no private label products will be permitted to be sold. These products must be available for re-sale in convenience stores. The facility will not accept products that are manufactured at the vendor’s own packaging plant. See attachment A for sample of menu.

h) Pricing of all products will be “market priced” for the Pittsylvania County Jail, comparable to convenience store pricing.

i) Order delivery procedures.

j) Complaint Rectification Process

k) Projected sales with referenced documentation

l) All vendor employees are to be pre-employment and random drug screened. The vendor is responsible for conducting background checks. (Pay rates for vendor employees are at the discretion of the vendor.)

m) Additional Revenue capabilities for the Pittsylvania County Jail

10. FINANCIAL

The proposal must include the following information at a minimum:

•Details of billing and payment arrangements •Commission rate to be remitted and net sales calculations •Sample Monthly Commission Statements •Projected Revenue for the Pittsylvania County Jail

11. VENDOR’S RELATIONSHIP TO THE COUNTY

It is expressly agreed and understood that the Vendor is in all respects an independent contractor as to work and is in no respect any agent, servant, or employee of the County.

The contract shall specify the work to be done by the Vendor, but the method to accomplish the work shall be the responsibility of the

Vendor.

The Vendor may subcontract services to be performed hereunder with the prior approval of the County, which approval shall not reasonably be withheld. No such approval will be constructed as making the County a part of, or to, such subcontract, or subjecting the

County to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Firm of its liability and obligation under this contract; and despite any such subcontracting the County shall deal through the Vendor, and subcontractors will be dealt with as representatives of the Vendor.

The Vendor shall not assign or transfer, whether by Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this contract without the consent of the County.

C. PROPOSAL FORMAT

All vendors must submit their response in the following format:

1. Letter of Transmittal should include the following:

▪ Statement indicating the company that will be providing the required services and indicating any subcontractors, which will be utilized.

▪ Provide complete contact information including name, address, phone,

▪ fax, and e-mail address.

2. Vendor’s Experience & References

▪ The proposal shall include all relevant history and experience of the vendor in providing similar services. Work history shall be specific to the proposed services in the Corrections industry.

▪ The proposal shall include a minimum of three (3) references where the vendor has provided resident banking software, installed a lobby payment acceptor, and provided offsite Commissary services to facilities with an average daily population of at least 140 inmates.

3. Support Structure

The proposal shall include the vendor’s support structure for all those individuals who will be involved in the implementation and support for the proposed services.

This must include support for all aspects of the managed services and technical specifications.

4. Software Compliance

The vendor shall provide certification for the following:

The software shall be owned, written and supported by the vendor with no third-party involvement. This requirement is to ensure the integrity of the software being offered and that the vendor has complete access to provide annual upgrades to these applications.

The software and hardware are supported by the vendor’s employees. Please provide the name and location of the vendor’s technical support staff that will support this contract.

Provide a history of vendor provided upgrades to the software being proposed.

Software must interface with the County’s current OSSI Commissary software program.

D. EVALUATION OF PROPOSALS: SELECTION FACTORS

All proposals meeting the requirements of this RFP shall be reviewed and rated by a

County evaluation committee according to the criteria listed below. The County expressly reserves the right to reject all proposals received. Furthermore, the County expressly reserves the right to reject any and all proposals, and to waive any of the terms, conditions, and provisions contained in the RFP.

• Experience of the firm and references in Virginia. (25 points)

• Experience and qualifications of the personnel. (25 points)

• Project approach, work plan, timeline, deliverables and project management. (30 points)

• Quality, completeness, and responsiveness of the proposal. (10 points)

• Commission Rate (10 points)

E. AWARD PROCEDURES

AWARD: Selection shall be made of two or more offerors 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 offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The County 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 the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. 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.

F. SPECIAL TERMS AND CONDITIONS

BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice

Bulletin Board located at 1 Center Street, Chatham, VA 24531.

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

OWNERSHIP/FOIA: Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other 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 secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to

Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation

Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the

SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this

Request for Proposals may be extended to other public bodies, public agencies or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County

Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal.

RENEWAL OF CONTRACT: This contract will be for one (1) year and may be renewed by the County for four (4) successive one- year periods under the terms and conditions of the original contract. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 30 days prior to the expiration date of each contract period.

GENERAL TERMS AND CONDITIONS

(not all will be applicable)

Pittsylvania County General Terms and Conditions will supersede any other terms and conditions

A. VENDORS MANUAL 1

B. APPLICABLE LAWS AND COURTS 1

C. ANTI-DISCRIMINATION 1

D. ETHICS IN PUBLIC CONTRACTING 2

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 2

F. DEBARMENT STATUS 2

G. ANTITRUST 3

H. CLARIFICATION OF TERMS 3

I. PAYMENT 3

J. PRECEDENCE OF TERMS 4

K. QUALIFICATIONS OF BIDDERS OR OFFERORS 4

L. TESTING AND INSPECTION 4

M. ASSIGNMENT OF CONTRACT 4

N. CHANGES TO THE CONTRACT 4

O. DEFAULT 5

P. TAXES 5

Q. USE OF BRAND NAMES 5

R. TRANSPORTATION AND PACKAGING 5

S. INSURANCE 5

T. ANNOUNCEMENT OF AWARD 6

U DRUG-FREE WORKPLACE 6

V. NONDISCRIMINATION OF CONTRACTORS 6

W. AVAILABILITY OF FUNDS 7

X. SMALL, WOMEN-, MINIORTY AND SERVICE DISABLED VETERAN-OWNED . 7

Z. TERMINATION 7

AA. Availability of Funds 7

BB. Information Technology Act 8

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.

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 court of Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366).

ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the County 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, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the County 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.

e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

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

By entering into a written contract with the County, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania County , 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 Pittsylvania

County 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 Pittsylvania County under said contract.

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

I. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the 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 County 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 County, 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 county 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 County 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 County.

3. The Pittsylvania County encourages contractors and subcontractors to accept credit card payments.

J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF

TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

(bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. TESTING AND INSPECTION: Pittsylvania County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

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

N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Department 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

Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department 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 Department a credit for any savings. Said compensation shall be determined by one of the following methods:

Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Purchasing Manger before the changes take affect.

O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/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

County may have.

P. TAXES: Sales to Pittsylvania County 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 County’s excise tax exemption registration number is 54-6001508.

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

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

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

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the

Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed

Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website

(www.pittsylvaniacountyva.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.