RFP CO-04-202526 OCCUPATIONAL PHYSICAL AND SPEECH THERAPY SERVICES SPECS.pdf

Bristol Virginia Public Schools 280 Lee Street | Bristol, Va | 24201

Request for Proposals

RFP Number: CO-04-202526 Title: Occupational, Physical and Speech Therapy Services

Date Issued: 5/4/2026 Close Date/Time: 5/22/2026 at 2:00 pm

All inquiries for information should be directed to: Kim Bowers at kbowers@bvps.org

In compliance with this Request for Proposal (“RFP”) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and/or 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 hereto is true, correct, and complete.

Name and Address of Firm:

Authorized Representative Name:

Title:

Phone Number:

Email:

(If applicable)

EIN:

Virginia Contractor License No:

Class:

Specialty Codes:

SBSB-Certified Small Business No.: D

Signature: ___________________________________ Date: ______________________ mailto:kbowers@bvps.org

Index

1. Introduction

2. Proposed Calendar of Events

3. Preparation of Proposal

4. Submittal Requirements

5. Scope of Services

6. Payment

7. General Requirements

8. Evaluation

9. Questions Regarding Proposals

10. Proprietary Information

11. Contract Period

12. Performance Requirements

13. Rejection of Proposals

14. Additional Contracts

15. General Terms and Conditions

16. Special Terms and Conditions

Attachments: Contractor School Screening form Virginia State Corporation Commission (SCC) Registration form

1. Introduction

1.1 Purpose of the Solicitation

Bristol Virginia School Board is seeking proposals from qualified providers for contractual services for Occupational, Physical, and Speech Therapy Services. Providers may submit proposals for one, two, or all services. Bristol Virginia School Board reserves the right to award in part or in whole.

This invitation does not commit Bristol Virginia School Board to pay any costs incurred in the preparation of proposals, nor commits Bristol Virginia School Board to select any firm which responds.

1.2 Procurement Authority and Applicable Law

This solicitation is issued by Bristol Virginia School Board, a political subdivision of the Commonwealth of Virginia, pursuant to the authority granted under the Virginia Public Procurement Act (VPPA), Code of Virginia § 2.2-4300 et seq.

The procurement process, award, and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including but not limited to:

- The Virginia Public Procurement Act (VPPA), Code of Virginia, § 2.2-4300 et seq.

- The Agency Procurement and Surplus Property Manual (APSPM), as applicable.

- The policies and procedures of the Bristol Virginia School Board.

- All other applicable federal and state laws and regulations, including the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and the Virginia Conflict of Interests Act (§ 2.2-3100 et seq.).

In the event of a conflict between this solicitation and applicable law, the provisions of law shall control.

1.3 Definitions

Whenever used in this solicitation or in the Contract documents, the following terms have the meanings indicated:

Board: The term “Board” shall mean Bristol Virginia School Board through the governing body or other agent with authority to execute the contract for the Board. The Board’s agent is the official with the authority to sign the contract on behalf of the Board.

Offeror: The term “Offeror” shall mean one who submits a response to this solicitation.

2. Proposed Calendar of Events

Issuance Date 5/4/2026 Inquiries Deadline 5/7/2026 Addendum Release 5/11/2026 (if applicable) Due Date 5/22/2026 Interviews TBD Board Review 6/1/2026 Award Notification 6/2/2026

3. Preparation of Proposal

Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

As used in this RFP, the terms “must”, “shall”, “should” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual “must” and “shall” items may not be fully satisfied, but it is the intent to satisfy most, if not all, “must” and “shall” requirements. The inability of an offeror to satisfy a “must” or “shall” requirement does not automatically remove that offeror from consideration; however, it may seriously affect the overall rating of the offerors’ proposal.

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

Ownership of all data, materials, and documentation originated and prepared for the Board pursuant to the RFP shall belong exclusively to the Board and be subject to public inspection in accordance with the Virginia Freedom of Information Act.

4. Submittal Requirements

Offerors must submit:

Three (3) original hardcopies of the sealed proposal.

One (1) original hardcopy with all information considered proprietary redacted and suitable for public inspection in accordance with Section 2.2-4342 of the Code of Virginia.

One (1) digital copy of proposal.

Return the RFP title cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

Completed Contractor School Screening form (see Attachments).

Completed Virginia State Corporation Commission (SCC) Registration (see Attachments).

Sealed proposals must be clearly marked RFP # CO-04-202526 Occupational, Physical, and Speech Therapy Services and mailed or hand-delivered to:

Bristol Virginia School Board ATTN: Kim Bowers

280 Lee Street Bristol, VA 24201

Sealed proposals must be in the Bristol Virginia School Board office, 280 Lee St., Bristol, Va 24201, no later than 2:00 p.m. Eastern Standard Time on Friday, May 22, 2026.

In addition to, Offeror’s may also submit their proposals electronically online via the eVA platform. The entire proposal response including any/all attachments, any/all addenda, and a redacted copy must be submitted electronically in eVA no later than the closing date and time stated in the solicitation. Offeror should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

No FAXED proposals will be accepted.

Modifications to this RFP will not be considered valid unless issued in writing from the

Board.

The Board will provide the mechanism for the evaluation of all information received.

The Board reserves the right to reject any and all proposals, to waive informalities or irregularities and to negotiate with proposal submitter(s) as determined to be in the best interest of the Board.

As this is a request for proposal, no information regarding the identity of the offerors or the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information.

5. Scope of Services

5.1 General Scope

For the 2025–2026 school year, Occupational Therapy (OT) services were provided to approximately 150 students across four schools. Students participated in direct therapy sessions averaging 30–40 minutes, one to two times per week, or as outlined in their IEP. Those receiving consultative services were evaluated and monitored per the guidelines established in their IEP.

Physical Therapy (PT) services were provided to approximately 70 students across four schools.

Students received direct therapy sessions averaging 30–40 minutes, one to two times per week, or as specified in each student’s Individualized Education Program (IEP). Students receiving consultative services were evaluated and monitored in accordance with their IEP.

Speech Therapy services were delivered to approximately 250 students across four schools.

Students received direct therapy sessions averaging 30–40 minutes, one to two times per week, mailto:eVACustomerCare@DGS.Virginia.gov or as specified in their IEP. Students receiving consultative services were evaluated and monitored in alignment with their IEP.

OT, PT, and Speech Therapy services are provided in accordance with the student’s IEP. The Board does not guarantee a specific number of students to be served. This number may vary according to the individual needs of the students.

Eligibility for related service is an IEP commit decision. Determination will be based upon the criteria worksheets provided through the Virginia Department of Education and based on IDEA standards. The committee must determine if the services are required to assist a child with a disability to benefit from special education. Evaluation and IEP goals and objectives are to address educational performance and educationally relevant goals.

No initial OT, PT or Speech Therapy services will be added to the IEP without an evaluation, goals and objectives. The decision regarding the frequency and amount of time for therapy must be made by the student’s IEP committee. A copy of the OT evaluation, PT evaluation and/or a copy of the Speech and/or Language evaluation must be sent to the Director of Special Education prior to the Eligibility or IEP meeting. Timelines and regulations established by the Virginia Department of education for the provision of special education must be observed by the therapist(s).

The service provider will be responsible for providing instructions and demonstrations to school personnel and parents to enable them to follow through with activities and/or exercises that will assist the student to meet the educational goals of the therapy. The service provider will work cooperatively with school personnel in providing an interdisciplinary approach in the provision of services to children with disabilities.

Services are to be provided in an educational setting as prescribed by the IEP. Teletherapy sessions are not acceptable.

At the beginning of each school year, all therapists who provide services for students may be required to attend an in-service or policy/procedures and IEP writing.

5.1 Progress Reports

Progress reports for OT, PT, and Speech Therapy are to be made to parents as agreed upon between the provider and the Director of Special Education. Copies of progress reports will also be supplied to the IEP Case Manager and the Director of Special Education by the Service Provider.

5.2 Missed Sessions

OT, PT, and Speech Therapy sessions missed due to absence of the therapist will be rescheduled to ensure that students have received services. The service provider will provide the office of the Director of Special Education monthly, with a report of missed sessions due to student(s) absence.

5.3 Billing

The service provider must submit a monthly statement of the following:

Service provided (evaluation, therapy, IEP meeting or eligibility meeting.

Location served (school) Students served (by name) Date of services Duration of Session Rate Charged Therapist providing service

The service provider will be responsible for providing information for Virginia Medicaid billing for eligible students including a plan of care.

A unit of therapy will be 15 minutes. Fees for services will be based on a unit of therapy which includes: providing direct therapy, providing goals/objectives/progress reports, providing evaluations and re-evaluations, providing requested reports, attending IEP and eligibility meetings as requested by the Director of Special Education and/or school personnel, required travel, and cost for Virginia Medicaid billing. There will be no additional billing for consultations with special services staff.

6. Payment

Payment for services will be net 45 days from date of invoice.

7. General Requirements

The proposal should include:

The Offeror’s qualifications, professional affiliations, certifications, and licenses applicable to this service. Must provide license of facility and documentation of being an approved Virginia Medicaid provider.

A description of the Offeror’s related experience, with biographical data on key personnel to be involved in providing said services. Must provide license information for personnel providing direct services.

Geographic location of the Offeror’s main business office and offices relative to Bristol Virginia, with explanation of how provider may accommodate the Boards’ need for frequent visitation and consultation.

A record of performance with other comparable clients indicating the provider’s ability, capacity, and skill to provide the service and to work with the appropriate school system staff.

Samples of goals and objectives, evaluation reports, progress reports and Virginia Medicaid billings.

Signature and completion of the State Corporation Commission From (SCC), see attachment.

Signature and completion of attached School Contractor Screening Form, see attachment.

Signature and completion of the attached Request for Proposal Signature Page.

8. Evaluation

8.1 Evaluation Criteria

A committee will evaluate the proposals using the following criteria:

Certification and license. 25%

The character, integrity, reputation, 20% judgement, experience and efficiency of the offeror as relating to its experience with students with disabilities.

Geographic location and accessibility of 15% main office and personnel of offeror relative to Bristol, Va.

Ability, capacity, and skill of the offeror 20% to provide the service and work with teacher/staff. Provide three (3) references for similar services as requested in this RFP.

Ability of offeror to complete appropriate 20% paperwork and produce high quality, detailed reports. (Samples of goals and objectives, evaluation reports, progress reports, and Plan of Care are requested).

8.2 Evaluation of Proposals

The Board shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible.

Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimate of total project costs, including but no limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services.

Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interview, on the basis of evaluation factors publicized in the Request for Proposals and all information developed in the selection process to this point, the purchasing agency shall select. In the order of preference, two or more offerors whose professional qualifications and proposed serves are deemed most meritorious.

Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, on so on, until such a contract can be negotiated at a fair and reasonable price. The Board reserves the right to make multiple awards as a result of this solicitation. Should the Board determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable that the others under consideration, a contract may be negotiated and awarded to that offeror.

9. Questions Regarding Proposals

Any questions, for which the answer would affect price and delivery, must be submitted in writing by 10:00 AM on Thursday, May 7, 2026. Questions should be emailed to Kim Bowers at kbowers@bvps.org. No changes resulting in questions are official unless issued in writing in the form of an addendum.

10. Proprietary Information

If your proposal contains proprietary information, it must be clearly stated on a separate cover explaining which sections are proprietary and why. Additionally, each page/section must be clearly marked as to what is proprietary information.

11. Contract Period

The contract term shall commence upon approval by the Board and continue for one year and shall be subject to four (4) successive annual renewals thereafter at the option of the Board.

12. Performance Requirements

Timely completion of the work provided under the proposed agreement is of the essence.

Consequently, the consultant must be capable of responding promptly to specific request for service.

13. Rejection of Proposals

The Board reserves the right to reject any or all proposals, to waive informalities or irregularities and to contract as the best interest of the Board may require.

14. Additional Contracts

The Board reserves the right to issue, at its sole discretion, more contracts under this RFP, or to issue additional RFP’s for similar work. The Board also reserves the right to issue project orders to other Open-Ended Contractors.

mailto:kbowers@bvps.org

15. General Terms and Conditions

Vendor Manual

This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual.

(Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

Applicable Laws and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

Anti-Discrimination

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

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

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

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

https://eva.virginia.gov

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

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Board may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Ethics in Public Contracting

By submitting their proposals, 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 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.

Immigration Reform and Control Act of 1986

By entering into a written contract with the Board, 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.

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.

Antitrust

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Board all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Board under said contract.

Mandatory Use of State Forms and Terms and Conditions

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, the Board reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

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 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.

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 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 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 Board 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 Board, a contractor awarded a contract under this solicitation is hereby obligated:

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

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

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Board, 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 Board.

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 Board encourages contractors and subcontractors to accept electronic and credit card payments.

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.

Qualifications of Offerors

The Board 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 the Board all such information and data for this purpose as may be requested. The Board reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Board further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Board 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.

Testing and Inspection

The Board reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

Assignment of Contract

A contract shall not be assignable by the contractor in whole or in part without the written consent of the Board.

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

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Board’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 Board with all vouchers and records of expenses incurred and savings realized. The Board 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 Board within thirty (30) days from the date of receipt of the written order from the Board. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Board or with the performance of the contract generally.

Default

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Board may terminate this agreement after verbal or written notice without penalty. Upon termination the Board may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs.

This remedy shall be in addition to any other remedies which the Board may have.

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 Board 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 Board 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 Board 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.)

Announcement of Award

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

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.

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 https://eva.virginia.gov employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

Contractor’s Employees

The contractor certifies that neither they nor their employees, having direct contact with students, has ever been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child and that neither has been convicted of a crime of moral turpitude. Upon submitting a proposal, the contractor must provide certification of this statement.

The contractor shall not send any employee or agent who is registered sex offender to any school building or school property. Monthly, the contractor shall check the registry to determine if the employee is registered.

Availability of Funds

It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Set-Asides in Accordance with Small Business Enhancement Award Priority

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

Bid Price Currency

Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

Authorization to Conduct Business in the Commonwealth

A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the

Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Civility in State Workplaces

The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

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

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

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

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

Contract Extensions

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

State Corporation Commission Identification Number

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it be the State Corporation Commission (SCC). Any 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 in lude in its bid or proposal a statement describing why the 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 Title 13.1 and Title 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Board’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the 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 Contract as demonstrating compliance.

Joint and Cooperative Purchasing

Code of Virginia §2.2-4304 authorizes public bodies to enter into a joint and cooperative procurement arrangements with other public bodies to purchase goods or non-professional services. Offerors are advised that the resultant contract may be extended, with the authorization of the offeror, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and payment. The Board acts only as the “Contracting Agent” for these public bodies. It is the Contractor’s responsibility to notify the public body(s) of the availability of the contract(s). Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract complies with their laws, regulations and other policies. Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by stature, ordinances, and regulations to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body. The Board shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

Forced or Indentured Child Labor

During the performance of this contract the use of forced or indentured child labor is prohibited.

Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

16. Special Terms and Conditions

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. The offeror shall state any exception to any contractual terms or conditions, including any liability provisions contained in the Request for Proposal in writing at the time of responding to such Request for Proposal if so requested by the Board. Such exceptions shall be considered during negotiation but shall not be used as a basis for scoring or evaluating which offerors are selected for negotiations. 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.