RFP - Maintenance and Service Contract - Water Softener System.pdf

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 1 of 22

Southwest Virginia Regional Jail

Authority

RFP – Repairs, Maintenance, and Service Contract - Water Softener System

Due Date: October 14, 2026

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 1 of 22

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY – REPAIR,

MAINTENANCE, AND RE-BED RESIN – WATER SOFTENER SYSTEM

The Southwest Virginia Regional Jail Authority, hereafter referred to as “SWVRJA,” is requesting proposals from qualified and experienced contractors to provide maintenance, re-bedding, repair, inspection, and ongoing service contract support for the water softener systems located at the Southwest Virginia Regional Jail – Haysi and Duffield facilities.

The SWVRJA intends to award a contract to one qualified contractor capable of providing the services outlined in this Request for Proposals (RFP). The selected contractor shall provide all labor, materials, equipment, transportation, supervision, and other resources necessary to properly maintain and service the water softener systems in accordance with the requirements and specifications contained herein.

The resulting contract is intended to provide reliable and continued operation of the water softener systems at both locations. Services may include, but are not limited to, system inspection and evaluation, media re-bedding, preventative maintenance, repairs, replacement of necessary components, system adjustments, testing, troubleshooting, and regularly scheduled service.

Sealed proposals will be received until Wednesday, October 14, 2026 at 2:00 PM for furnishing the services described herein.

All inquiries for information shall be directed to:

Danyelle Moore Southwest Virginia Regional Jail Authority PO Box 279 Meadowview, VA 24361-0279 276-739-3523 emoore@swvrja.com

The proposals may be uploaded to the eVA (eva.virginia.gov) website or hand delivered or sent via courier to:

Physical Address:

Danyelle Moore Southwest Virginia Regional Jail Authority 15205 Joe Derting Drive Abingdon, VA 24210

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 2 of 22

Mailing Address:

Danyelle Moore Southwest Virginia Regional Jail Authority PO Box 279 Meadowview, VA 24361-0279

If proposals are uploaded to eVA the paper copies still need to be mailed via USPS or courier.

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 3 of 22

REQUEST FOR PROPOSALS

Maintenance and Re-Bed Water Softener System

My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth in this RFP Repair, Maintenance, and Re-Bed Resin – Water Softener System.

My signature warrants that I have not employed or retained any firm or person other than a bona fide employee working solely for the firm to solicit or secure this contract and have not paid or agreed to pay any firm or person other than a bona fide employee working solely for the firm any fee, commission, percentage, brokerage fee, gifts or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the SWVRJA shall have the right to annul or void this Contract without liability or, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to the Southwest Virginia Regional Jail Authority, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the Southwest Virginia Regional Jail Authority, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the SWVRJA.

I hereby certify that I am authorized to sign as a Representative for the Firm:

Complete Legal Name of Firm: ________________________________________________

Street Address: ______________________________________________

Mailing Address ______________________________________________

Fed ID No.: ______________________________________________

Signature: ______________________________________________

Name (type/print): ______________________________________________

Title: ______________________________________________

Telephone: (___)_______________Fax No.: (___)_______________

Date: ______________________________________________

To receive consideration for award, this signature sheet shall be returned to the Southwest Virginia Regional Jail Authority as it shall be a part of your response.

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 4 of 22

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY – REPAIR,

MAINTENANCE, AND RE-BED RESIN – WATER SOFTENER SYSTEM

I. Purpose

The Southwest Virginia Regional Jail Authority (SWVRJA) is soliciting proposals from qualified contractors to inspect, repair, rehabilitate, and restore the existing Culligan commercial water softener system and provide service contract schedule serving the inmate housing facilities at 1550 Kiwanis Park Rd Haysi, VA and 1037 Boone Trail Rd, Duffield VA. The selected contractor shall furnish all labor, supervision, materials, equipment, transportation, testing, and incidentals necessary to return the system to reliable operating condition.

II. Introduction/Background

The SWVRJA is an independent political subdivision of the Commonwealth of Virginia. The SWVRJA was created by the jurisdictions of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington and Wise Counties, and the Cities of Bristol and Norton. The SWVRJA employs 435 people. The average daily population between the four facilities is 1,620 inmates. The existing Culligan commercial water softener system has experienced reduced performance and requires comprehensive inspection of the resin media. Due to the critical nature of the system and its role in supporting inmate housing operations, SWVRJA seeks an experienced contractor capable of evaluating the entire system and recommending all necessary repairs to restore proper operation.

III. Term

The contractor shall begin services upon award. The contract shall renew annually for a term of five (5) years.

IV. Optional Pre-Proposal Conference

An optional pre-proposal conference will be held at 10:00 a.m., Thursday, September 24, 2026 at the SWVRJA – Haysi Facility, 1550 Kiwanis Park Road, Haysi, VA 24256 then 1:30 p.m. at SWVRJA – Duffield Facility, 1037 Boone Trail Road, Duffield, VA 24244. The purpose of this conference is to allow potential Contractors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. A tour of pertinent parts of the jail facilities will be conducted during the pre-proposal conference. All attendees are expected to bring any equipment or other materials that they will expect to use during the tour. This optional pre-proposal conference will be the only opportunity for Contractors to conduct a site visit for this project. No other site visits will be allowed.

Oral responses to questions during the site evaluation shall be considered nonbinding on SWVRJA’s behalf.

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 5 of 22

All questions regarding this RFP must be submitted, in writing, prior to 2:00 PM Tuesday, September 29, 2026. Answers to any questions will be returned no later than 2:00 p.m., Thursday, October 1, 2026. Any changes resulting from this conference or questions will be issued in a written addendum to the solicitation.

Proposers who wish to attend the pre-proposal conference must submit names and telephone numbers of attendees to Danyelle Moore, via email emoore@swvrja.com by 2:00 p.m., EST, Tuesday, September 22, 2026.

V. Scope of Services

The successful contractor shall perform, at a minimum, the following services:

System Evaluation

Conduct a complete inspection of the existing Culligan commercial water softener system.

Evaluate the condition of all pressure vessels, control valves, piping, brine tank, injectors, distributors, under-bedding, resin media, electrical controls, and associated equipment.

Identify deficiencies affecting system performance.

Resin Replacement as Needed

Remove and properly dispose of the existing resin media.

Inspect the internal distribution system and replace damaged components as necessary.

Install new, premium-grade ion exchange resin compatible with the existing Culligan system and designed for commercial/institutional applications.

Mechanical Repairs

Inspect and repair or replace, as necessary:

Control valve assemblies

Valve seals and spacers

Pistons

Injectors

Brine draw components

Brine tank assemblies

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 6 of 22

Flow controls

Distribution baskets

Internal piping and connections

Associated plumbing components required for proper operation

Service Contract

Provide:

Service Schedule

Startup report

Water hardness test results

Description of repairs completed

Perform upgrades, repairs, and preventative maintenance.

List of any additional deficiencies not included in the proposal

Service Contract to include System Testing

The contractor shall:

Perform complete system inspection.

Program and calibrate all control settings.

Verify regeneration cycles.

Test hardness before and after treatment.

Verify proper brine draw and rinse cycles.

Inspect the system for leaks.

Ensure the system is operating in accordance with Culligan manufacturer's specifications.

Contractor Qualifications

The proposer shall:

Demonstrate experience servicing commercial Culligan water softener systems.

Have a minimum of five (5) years of experience with commercial or institutional water treatment equipment.

Employ technicians trained in commercial water softener repair.

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 7 of 22

Maintain all required business licenses and insurance.

Proposal Requirements

Proposals shall include:

Company qualifications and experience

Description of proposed repair approach

Detailed scope of services

Project schedule & service schedule

Breakdown cost for resin replacement

Breakdown of major materials

Warranty information

References for similar commercial water softener rehabilitation projects

Warranty

The contractor shall provide a minimum one-year warranty on workmanship and all installed components. Manufacturer warranties shall be transferred to SWVRJA upon project completion.

General Requirements

All work shall comply with applicable federal, state, and local codes.

The contractor shall coordinate work to minimize disruption to facility operations.

All personnel entering the facilities shall comply with SWVRJA security procedures and background requirements.

The contractor shall maintain a safe work environment and protect adjacent equipment and facilities during construction.

VI. Proposal Preparation and Submission Requirements

A. General Instructions

1. Proposals may be mailed or delivered via courier to the address listed on page one (1) clearly marked “Proposal: Southwest Virginia Regional Jail Authority ATTN: Danyelle Moore”. Please submit five (5) physical copies of

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 8 of 22 your response along with two (2) electronic copies on a flash drive. Any proprietary information shall be clearly identified in the proposal. One of the electronic copies shall have proprietary information redacted.

2. The RFP cover sheet, as well as, all addenda acknowledgements, shall be completed, signed, and returned with the proposal.

3. You may upload your proposal to the eVA (www.eva.virginia.gov) but you must also submit paper copies for evaluation.

B. Specific Requirements

Proposals shall be as thorough and detailed as possible so that the SWVRJA may properly evaluate the products offered. To be considered substantive, the proposal shall respond to all requirements of the RFP. Any additional products or services that could be beneficial to the SWVRJA shall be provided as an appendix to the proposal. At a minimum, your response shall include the following:

Qualification Statement

A statement shall be included describing the contractor’s qualifications to perform the work listed in this RFP. The statement shall include the number of years you have been in business, as well as, the resources you have available to meet the requirements of this RFP. In addition, if the contractor anticipates using a subcontractor(s), the same information shall be submitted concerning the proposed subcontractor(s).

Cost of Proposed Project

a. Cost of materials and labor needed to complete all items included in the scope of work.

b. Any additional charges must be detailed.

Project Information

The proposer shall clearly and specifically identify the products and services being offered and enclose complete and detailed descriptive literature and specifications with the proposal to enable SWVRJA to determine if the products and services offered meets the requirements of the solicitation.

Failure to do so may cause the proposal to be considered nonresponsive.

References

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 9 of 22

The Contractor shall provide references from clients who have purchased similar services. Names, addresses, telephone numbers, and individual contacts of at least three (3) accounts that are similar in size and complexity to

SWVRJA.

Certifications

The Contractor shall provide copies of all certifications and licenses required to perform the work required in this RFP.

VII. Evaluation and Award Criteria

Proposals may be evaluated using, but not limited to, the following criteria:

Relevant experience with commercial Culligan systems

Technical approach

Qualifications of project personnel

References

Warranty offered

Project schedule

Cost

Overall best value to the Southwest Virginia Regional Jail Authority

VIII. General Terms and Conditions

A. Contractors Manual

This solicitation is subject to the provisions of the Commonwealth of Virginia Contractors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Contractors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Contractors Manual” on the contractors tab.

B. Applicable Laws and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 10 of 22 thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2- 4366). ADR procedures are described in Chapter 9 of the Contractors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. Anti-Discrimination

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

D. Ethics in Public Contracting

By submitting their proposals, proposers 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 proposer, 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.

E. Immigration Reform and Control Act of 1986

By entering into a written contract with the SWVRJA, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services with the SWVRJA, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 11 of 22

F. Debarment Status

By participating in this procurement, the contractor 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, the contractor 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.

G. Antitrust

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the SWVRJA 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 SWVRJA under said contract.

H. 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.

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.

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the SWVRJA for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 12 of 22

(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 SWVRJA, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

I. Precedence of Terms

The following General Terms and Conditions CONTRACTORS 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.

J. Qualification of Proposers

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

K. Testing and Inspection

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

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 13 of 22

L. Assignment of Contract

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

M. 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 SWVRJA 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 SWVRJA of the adjustment to be sought, and before proceeding to comply with the notice, shall await the SWVRJA's written decision affirming, modifying, or revoking the prior written notice. If the SWVRJA 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 SWVRJA 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 SWVRJA’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

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 14 of 22 savings realized. The contractor shall present the SWVRJA with all vouchers and records of expenses incurred and savings realized.

The SWVRJA 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 shall be asserted by written notice to the SWVRJA within thirty (30) days from the date of receipt of the written order from the SWVRJA. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the dispute’s provisions of the Commonwealth of Virginia Contractors 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 SWVRJA or with the performance of the contract generally.

Cumulative contract modifications up to and including $50,000 shall not exceed 25% of the original contract price without advance written approval of the agency head or his/her designee.

N. Default

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

O. Taxes

Sales to the SWVRJA 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 SWVRJA’s excise tax exemption registration number is 54-2061321.

P. 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

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 15 of 22 intended, shall be accepted. The proposer 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 SWVRJA 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 proposer clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be considered to offer the brand name product referenced in the solicitation.

Q. Transportation and Packaging

By submitting their proposals, all proposers 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.

R. Insurance

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 SWVRJA shall be named as an additional insured and so endorsed on the policy.

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

S. Drug-Free Workplace

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 16 of 22

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 contractor.

T. 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, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. Availability of Funds

It is understood and agreed between the parties herein that the SWVRJA shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

V. Bid Price Currency

Unless stated otherwise in the solicitation, proposers shall state proposed prices in US dollars.

W. 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

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 17 of 22

Commonwealth of Virginia 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.

IX. Special Terms and Conditions

1. Audit

The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment. The SWVRJA, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. Cancellation of Contract

The SWVRJA 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.

3. Renewal of Contract

This contract may be renewed by the SWVRJA upon written agreement of both parties for two (2) successive one-year periods, under the terms of the current contract, and at a reasonable time approximately 60 days prior to the expiration. (See PRICE ESCALATION/DE-ESCALATION CLAUSE)

4. Additional Users

This procurement is being conducted on behalf of state agencies, institutions and other public bodies who may be added or deleted at any time during the period of the contract. The addition or deletion of authorized users not specifically named in the solicitation shall be made only by written contract modification issued by this agency or institution and upon mutual agreement of the contractor. Such modification shall name the specific agency added or

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 18 of 22 deleted and the effective date. The contractor shall not honor an order citing the resulting contract unless the ordering entity has been added by written contract modification.

5. Bid Acceptance Period

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

6. Contractor/Subcontractor License Requirement

By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified.

Contractor Name: _______________________________________________

License # _______________________ Type _________________________

Subcontractor Name: _____________________________________________

License # ____________________ Type ____________________________

7. Contractor Registration

If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by proposer within any 12-month period is $750,000 or more, the proposer is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by proposer within any 12-month period is $150,000 or more, but less than $750,000 or more, the proposer is required to be licensed as a “CLASS B CONTRACTOR.”

If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the proposer is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The proposer shall place on the outside of the envelope containing the proposal and shall place in the proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Class A Virginia Contractor No.______________ Specialty _______________ Class B Virginia Contractor No.______________ Specialty _______________

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 19 of 22

Class C Virginia Contractor No.______________ Specialty _______________

If the proposer shall fail to provide this information on his proposal and shall fail to promptly provide said contractor license number to the SWVRJA in writing when requested to do so before or after the opening of proposals, he shall be deemed to be in violation of § 54.1-1115 of the Code of Virginia (1950), as amended, and his proposal will not be considered.

If a proposer shall fail to obtain the required license prior to submission of his proposal, the proposal shall not be considered.

8. Indemnification

The Contractor shall indemnify and hold harmless the SWVJRA, its officers, agents and employees, from any and all claims, actions, lawsuits, damages, judgments, charges, expense or liabilities arising out of the performance of the Contract by Contractor, its subcontractors, agents or employees. The Contractor expressly agrees to defend the SWVRJA, its agents, officers and employees from any such claims brought or actions filed against the indemnified parties.

9. Price Escalation/De-Escalation

Price adjustments may be permitted only for changes in the contractor’s cost of materials. The Consumer’s Price Index shall be used as a guide to determine increase or decrease. No price increases will be authorized for 365 calendar days after the effective date of the contract. No increase shall exceed 3% for any 365 days period. Price escalation may be permitted only at the end of the initial 365 days and each 365 days thereafter and only where verified to the satisfaction of the purchasing department. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to the SWVRJA Purchasing Department.

The contractor shall give not less than 30 days advance notice of any price increase to the purchasing department. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 30-day notification period. The contractor shall document the amount and proposed effective date of any general change in the price of materials.

Documentation shall be supplied with the contractor’s request for increase which will: (1) verify that the requested price increase in general in scope and not applicable just to the SWVRJA; and (2) verify the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers. The purchasing department will notify the using department and the contractor in writing of the effective date of any increase which it approves.

However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices. The SWVRJA

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 20 of 22

Purchasing Agent may cancel without liability to either party, any portion of the contract affected by the requested increase and any material, supplies, or services undelivered at the time of such cancellation.

The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing department.

10. Prime Contractor Responsibilities

The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

11. Subcontracts

No portion of the work shall be subcontracted without prior written consent of the SWVRJA. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the SWVRJA the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

12. Warranty (Commercial)

The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit hose available to the SWVRJA by any other clause of this solicitation. A copy of this warranty should be furnished with the proposal.

13. Work Site Damages

Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the SWVRJA’s satisfaction at the contractor’s expense.

14. State Corporation Commission Identification Number

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror

RFP – Repairs-Maintenance-Service Contract - Water Softener System Page 21 of 22 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 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.

15. Security Procedures

The SWVRJA may request a drug test and a criminal background check of the awarded contractor’s employees at any time for the duration of this contract.

The awarded contractor shall supply the SWVRJA with the name, address, social security number, and date of birth if requested.

All employees of the awarded contractor shall sign-in with Master Control if they will be working in secured areas. All tools/equipment that are taken to secured areas will be inventoried each time the employees enter and leave the secured area. All employees working in the secure area shall also have a photo ID to leave with Master Control while in secure areas.

16. Attachments

SCC Registration Information

X. Other Matters

Respondents shall contact Danyelle Moore, Procurement to answer any questions which might arise and to discuss general background information on the SWVRJA and its operation.