RFP-Security Guard Services 2024.docx

REQUEST FOR PROPOSALS

RFP# 239-024-001

All interested parties must attend a MANDATORY pre-proposal conference will be held in the Education Studio at main entrance to the Museum, located on the campus of the Frontier Culture Museum, in Staunton, Virginia at 10:00 AM on Thursday, March 28, 2024. No one will be admitted to this conference after 10:10 AM.

Direct all questions for information in writing to Cliff Edwards at Cliff Edwards@fcmv.virginia.gov. All questions must be submitted by April 11, 2024, C.O.B.

Sealed proposals will be received until 2:00 p.m. sharp Eastern Time, May 02, 2024, for furnishing the goods/services described herein.

It is the responsibility of the offeror to ensure proper delivery of the proposals. The offeror shall identify on the OUTSIDE OF THE PACKAGE the RFP Number and Closing Date and Time. The Agency will NOT accept e-mailed, faxed, or late proposals.

Frontier Culture Museum of Virginia

Frontier Culture Museum of Virginia

Attn: Cliff Edwards

Attn: Cliff Edwards

1290 Richmond Rd.

P.O. Box 810

Staunton, VA 24401

Staunton, VA 24402

Security Guard Services

Security Guard Services

RFP# 239-018-001

RFP# 239-018-001

The undersigned hereby offers and agrees to furnish all services in accordance with the attached signed proposal and the mandatory requirements outlined herein, or as mutually agreed upon through subsequent negotiations.

Name and Address of Firm

Print Name:

SWaM Certified: S W M O

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

RFP# 239-018-001

Security Guard Services

Table of Contents

1. PURPOSE: The purpose and intent of this sealed Request for Proposals (“RFP”) is to establish a contract (“Contract”) through competitive negotiation with one (1) qualified offeror (“Contractor”), that can provide security guard services (“Services”) to the Frontier Culture Museum of Virginia (“Agency”, “Museum”, or “FCMV”).

1.1 Definitions

A. Agency shall mean the Frontier Culture Museum of Virginia, which is an agency of the Commonwealth of Virginia, which administers the Frontier Culture Museum campus.

B. Contractor shall mean the person, firm, or corporation named as such in the agreement, and includes the plural number and the feminine gender when such are named in the agreement as the Contractor.

C. Subcontractor shall mean only those having a direct contact with the Contractor, and it includes one who furnishes material worked to a special design, but does not include one who merely furnishes material so not worked.

D. Notice shall mean all written notices, demands, instructions, claims, approvals, or disapprovals required to obtain compliance with the contract requirement. Any written notice by either party of the Contract shall be sufficiently given if delivered to, or at the last known business address of, the person, firm, or corporation constituting the party to the Contract, or to his, their, or its Authorized agent, representative, or officer, or when enclosed in a postage prepaid envelope addressed to such last known business and deposited in a United States mailbox.

1.2 Supplier Diversity Statement: The Agency encourages the competition and participation of small businesses, women-owned businesses, and minority-owned businesses that are DSBSD- certified in this RFP. All are encouraged to participate. The Commonwealth encourages offerors to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. The Commonwealth only recognizes small businesses that are certified by the Virginia Department of Small Business and Supplier Diversity.

2. BACKGROUND: FCMV is situated on approximately 150 acres, with three (3) main buildings totaling approximately 9,900 square feet of gallery/exhibit, ticketing, gift shop, and administrative offices. The Agency has 2 dairy barns used for staff offices, lecture hall, classrooms, maintenance, and storage, which are approximately 25,000 square feet, 11 outdoor living history areas comprised of 17th, 18th and 19th century farm sites.

3. STATEMENT OF NEEDS

Trained and certified security officers are required around the clock to protect facilities, museum artifacts, staff, and visitors from various hazards, and to provide traffic control services in the parking lots. Highly trained security officers will be required to operate and monitor sophisticated security surveillance, fire, communication, and life safety systems. Other duties include, but are not limited to:

· Alarm monitoring

· Emergency response

· Fire prevention

· Curatorial support

· Parking lot management

· Site patrol

· Crime deterrence

· Crowd Control

· Visitor and staff assistance

3.1. Scope of Services

A. Contractor shall furnish fully, licensed, professionally trained, competent, and reliable uniformed security officers for the proper protection of property of the Agency as outlined at the mandatory pre-proposal conference and in this solicitation. In accordance with §9.1-139 of the Code of Virginia, as amended, the Contractor shall be licensed by the Department of Criminal Justice Services.

1. All security officers, supervisors, and managers shall be bonded, fully trained security guards who shall meet, at the minimum, the Commonwealth of Virginia’s compulsory training standards for security officers as defined by the Department of Criminal Justice. No employee will be assigned by the Contractor to the Agency until such qualifications are verified by the Agency’s designated representative(s).

2. All security officers and supervisors shall be trained and certified in basic First-Aid, CPR/AED.

3. All security officers and supervisors shall be capable of lifting 50 pounds, standing up for 8 hours, walking 8 miles or more per shift, climbing stairs, running, physically restraining a violent person, and physically defending themselves or another. Personnel shall have visual acuity correctable to 20/20 and shall be able to hear at an acceptable range.

4. All security officers and supervisors shall be in good health, free from any physical or mental defects or abnormalities that would interfere with the performance of assigned duties. All security officers and supervisors shall be drug free. The Contractor shall establish an initial employment and post-event drug-screening program, with a written policy for officers assigned to the Agency.

5. No security officers or supervisors will have felony convictions or misdemeanor convictions in regards to property damage, theft, assault, or drug abuse. The Contractor shall provide the Agency with personnel records verifying a criminal background check. The Agency reserves the right to review each background and deny assignment. Criminal history checks performed more than six months prior to the award of the contract shall not be acceptable if there has been a break in service. No security officer shall be assigned to this contract without the required information on file with the Agency.

6. The Contractor shall provide the Agency the opportunity to review personnel files, interview, select, and approve staff, and to determine the need for special orientation or extended training based on assignment.

7. All security officers and supervisors shall have basic computer skills necessary to operate and monitor the intrusion detection systems and fire alarm systems in use at the Agency.

8. All security officers and supervisors shall have good public relations skills, and be able to communicate effectively both orally and in writing. Security officers and supervisors shall be able to speak, read, and write English proficiently. The Agency reserves the right to reject individual officers based upon poor appearance, poor verbal communication skills, discourtesy, failure to follow Agency procedures, or any other generally recognized problems.

B. This entire solicitation and any resulting Contract hereby incorporate all laws, rules, and regulations, and any changes hereto, relating to private security services as written in the code of Virginia, and all laws, rules, and regulations, and any changes thereto, established by the Department of Criminal Justice Services of the Commonwealth of Virginia. Compliance by the Contractor, his/her firm, his/her staff, and any other of his/her Subcontractors, with “Regulations Relating to Private Security Services” of the Criminal Services Board, Department of Criminal Justice Services is mandatory during the entire term of this Contract and any extensions of this Contract.

C. Security officers, under this Contract, shall perform seven days a week, 24-hours per day. Shift schedules will be as follows, subject to change at the discretion of the Agency, between 8:00 a.m. – 4:00 p.m., 4:00 p.m. – 12:00 p.m., 12:00 p.m. – 8:00 a.m. Failure of the Contractor to continually staff the designated locations during the scheduled times with the required number of trained, licensed, fully uniformed security officers will be considered a breach of Contract, and the Contract may be terminated at the Agency’s sole discretion.

D. Security officers shall be guided by a set of general rules and written instructions issued by the Agency through its designated representative. The “Standard Operating Procedures,” described in section 3.2 below, as well as specific instructions unique to each site and security post will be provided to the Contractor by the Agency’s designated representative.

E. Contractor shall provide uniforms, all required security supplies (including flashlights and functional cell phones), equipment, and training without cost to the Agency. Operational cellular phones shall be carried by the on-site supervisor or patrol officer on duty at all times.

F. Contractor shall pay the social security benefits, unemployment benefits, taxes, and employer’s liability insurance for the Contractors employees. At no time shall the Contractor or any of his/her employees be considered employees of the Commonwealth.

G. Supervision of the security officers shall be the responsibility of the Contractor as designated by the Agency’ designated representative. Security officers must be interviewed and approved by the Agency’s designated representative prior to assuming any duties.

H. Site patrols shall be performed on foot. Security officers shall not use a utility cart or personal vehicle for patrols without the expressed permission of the Agency’s designated representative.

I. Each month, or as required, the Contractor’s representative shall meet with the Agency’s designated representative to discuss problems and/or additional duties that may be required.

J. Contractor agrees to furnish additional security officers that are required on a seasonal, or as needed basis, to support security activities during periods of increased visitation and special events. The hourly rate for this additional coverage shall be the same as the hourly rate for normal daily coverage as bid for this Contract whenever forty-eight hours written (e-mailed or faxed) notice is given. When forty-seven hours or less notice is given, the hourly rate shall be the hourly rate as bid for this Contract plus ½ of that hourly rate.

K. Contractor shall establish an inclement weather policy, approved by the Agency’s designated representative, in order to assure that all security and security staffing requirements for Agency properties are met during inclement weather. Security officers provided to the Agency during inclement weather situations and other Acts of God circumstances shall be paid the regular hourly rate.

L. All security officers in the employ of the Contractor shall be unarmed while performing duties at sites operated by the Agency, unless specifically requested by the Agency’s designated representative. This specification precludes officers from carrying or using any firearm, pepper spray, mace or other protective spray, stun weapons, batons, or other clubs or weapons.

M. Proof of bonding may be required and will be in the hands of the Agency’s designated representative prior to the starting date of this Contract. Bonding shall be in accordance with the Code of Virginia.

N. Any security personnel assigned to the Agency under this Contract shall have been employed by the Contractor for six months or more. There will be no exceptions to this Contract without prior approval of the Agency’s designated representative.

O. Should a security officer not show up for duty at the assigned time, a trained replacement meeting all of the above criteria or a supervisor from the Contractor shall be on duty at the site within 45 minutes of being notified that a problem exists, and shall finish the shift or stay until the scheduled officer arrives. Punctuality is a critical aspect of this Contract, and repeat tardiness and/or repeat failure to report for duty may be considered cause for termination of the Contract at the Agency’s sole discretion.

P. Upon acceptance of the Contract and prior to providing security services, the Contractor must furnish the Agency’s designated representative a list of proposed security officers. This must include each security officer’s state license number and the list must be updated as additional officers are added. In addition, the Contractor must provide the Agency’s designated representative with duty rosters at least one week in advance of scheduled shifts, and all personnel data of new staff prior to shift assignment. Contractor shall maintain sufficient back-up staff as to limit any one security officer’s working hours to 12 hours or less during any 24-hour period.

Q. Contractor shall provide a phone number of a contact person who shall be available any time an officer is on duty on Agency property should problems arise concerning the officers assigned duty.

R. Contractor shall prepare a separate section in his/her proposal giving costs for providing armed or unarmed officers with costs per hour per officer.

S. Contractor shall provide proof of his/her existing training program, which shall include instruction on the following subjects:

1. Legal restrictions of search and seizure

2. Control, detection and reporting of fires and the use of portable fire extinguishers

3. Proper use of hand-held radios, telephones and other equipment

4. Proper report writing

5. Appropriate use of force

6. Procedure in notifying police and fire agencies during emergencies

7. Crowd control techniques

8. Traffic control techniques

9. Confidentiality as it relates to museum security

10. Museum security protocols

11. Customer service

12. Fire evacuation

13. Alarm response

14. First-Aid

15. Cardiopulmonary Resuscitation (CPR) & Automated External Defibrillator (AED) Documentation of training completion shall be made available upon request as well as documentation of required annual refresher training.

T. Specific levels of security coverage and other details on Agency security operations will be considered confidential security information and will not be shared with other individuals or firms without written permission from the Agency. Violation of this provision will be considered a breach of contract.

3.2. Standard Operating Procedures

A. Staffing Levels: The below schedule represents current staffing levels, but is subject to change at any time depending on the needs of the Agency. It is provided here for reference only.

· 1 Patrol Officer - 8:00 a.m. to 4:00 p.m. daily

· 1 Patrol Officer - 4:00 p.m. to 12:00 p.m. daily

· 1 Patrol Officer – 12:00 p.m. – 8:00 a.m. daily Staffing levels are subject to increase significantly with little notice based on increased visitation, special events, natural or manmade disasters, threats or hazards, construction projects, curatorial activity, and other unforeseen events.

B. Organizational Structure: Below is an overview of the current structure of the contact security force.

Patrol Officer:

· Monitors alarm systems after-hours

· Patrols the sites and parking lots

· Monitors FCMV’s hand held radios

· Performs opening and closing procedures

C. Daily Routine: FCMV security officers shall arrive in a clean and pressed uniform and ready for scheduled shifts. The following general procedures shall be followed:

1. Proceed to the Visitor Center no later than 5 minutes before the start of the scheduled beginning of assigned shift to be briefed by off-going security personnel on pass-downs and other information related to security responsibilities.

2. Obtain required equipment for shift, to include keys, radio, cell phone, pager, guard tour scanner, and other assigned equipment.

3. Read and sign message log and review bulletin board and e-mails for special instructions.

4. Follow instructions for alarm monitoring and response, rounds and other specific duties as well as Agency emergency operating procedures.

5. Unlock and lock doorways to Agency buildings as specified in the opening and closing procedures. Unlock doorways for authorized Agency staff upon request during evenings, weekends, or other periods.

6. Assist with bus unloading and loading, as well as control and direction of vehicle parking in Agency parking lots.

7. Use Agency owned utility carts for parking lot checks, and other security functions during hours of operation and after-hours as approved by the Agency’s security representative.

8. Escort Agency staff carrying cash deposits from Agency buildings or offices as required.

9. Check function of and respond to calls from emergency call boxes and telephones.

10. Arm/disarm and monitor multiple electronic intrusion detection systems in Museum exhibits and associated buildings.

11. Monitor electronic fire alarm systems and respond to alarms as specified in Agency reference manuals.

12. Monitor weather radar and lightning detection systems and keep Agency operating supervision aware of approaching inclement weather.

13. Check location of Agency owned vehicles, ensure that all vehicles are secure, and note any discrepancies.

14. Identify individuals in unauthorized areas of Museum and redirect them to appropriate locations in a firm but courteous manner. Inform visitors found on FCMV property after hours that the Museum is closed and escort them off property. Incidents involving criminal or suspicious activity shall be reported to the local police and Agency’s designated representative.

15. Identify any Agency employee working late and escort them to parking lots as requested.

16. Security Control Room officers shall keep the daily security blotter detailed and current. Written incident reports for any unusual or emergency situations shall be completed and referenced in the blotter.

17. Proceed to the Security Control Room or site security office no earlier than 5 minutes before scheduled ending of assigned shift to brief on-coming security personnel on pass-downs and other information related to security responsibilities.

D. General Polices

1. A continuous blotter, recording in detail, all known events and transactions that occur on Agency property, shall be maintained by the security officers assigned to the site.

2. Officers shall not handle any Agency property with the exception of radios, utility carts, alarm systems, and other security and fire related equipment. Use of these and other equipment shall occur only when assigned and after successful completion of training conducted by the shift supervisor or designated Agency staff.

3. While patrolling the buildings, officers shall not use computers, or any other equipment not assigned to security. Officers shall not open drawers or handle items on or in tables, desks, or files. Officers shall not loiter in any area during rounds.

4. Should an officer discover a computer or other equipment that has been left on, it should not be touched. Many computers are left on deliberately.

5. Telephones are for official use and emergency use only. Costs associated with any personal calls made by any officer on duty shall be billed to the Contractor, and disciplinary action against the officer will be expected. This includes personal 800 and 900 telephone calls and accepting personal collect calls, which is forbidden.

6. Visitors to any officer on duty are forbidden without prior authorization from the Agency’s designated representative.

7. Officers shall not leave the site while on duty without a replacement officer at the site without prior authorization from the Agency’s designated representative.

8. Officers shall eat in designated areas only. No food or drink shall be taken into the galleries or offices.

9. Officers shall not sleep while on duty.

10. The Agency shall have the right to suspend security personnel from duty.

11. The Agency shall have the right to refuse the return of security personnel.

E. Methods of Measuring Contract Performance

1. Ability to provide qualified security personnel. Qualified includes, but is not limited to, individuals that are trained, certified, able, and conscientious.

2. Ability to provide proper levels of protection and service to staff, visitors, facilities, and collection.

3. Ability to provide security personnel with the necessary computer skills vital to operating and monitoring complex electronic intrusion and fire detection systems.

4. Ability to continuously staff the designated locations during the scheduled times with the required number of trained, licensed, and fully uniformed security officers.

5. Ability to maintain accurate and legible records, logs, and reports.

6. Response of Contractor to problems or situations that need attention.

4. MANDATORY PRE-PROPOSAL CONFERENCE

A mandatory pre-proposal conference will be held at 10:00 a.m. on March 28, 2024, at the Education Studio at the Frontier Culture Museum of Virginia, located at 1280 Richmond Road, Staunton, VA 24401.

The purpose of this pre-proposal conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Attendance at this pre-proposal conference will be a prerequisite to submitting a proposal; offerors who intend to submit a proposal are required to attend conference. Bring a copy of the solicitation to the conference.

Any changes resulting from this conference will be issued in a written addendum to the solicitation.

We will greet offerors in the Education Studio which is the first building on the left of the main sidewalk entering the Museum, starting at 10:00 a.m. Offerors will not be permitted into the pre-proposal conference after 10:10 AM.

5. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

5.1. Preparation

A. In order to be considered for selection, offerors must submit a complete response to this RFP.

1. Contractor shall submit four (2) signed copies of the proposal to the Procurement Officer, each in a three-ring binder in a single loose-leaf volume and shall mark one (1) of the copies as the ORIGINAL & (1) Digital copy emailed to cliff.edwards@fcmv.virginia.gov

2. One redacted copy may be submitted by the offer.

3. No other distribution of the proposals shall be made by the offeror.

B. 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 Agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals that are substantially incomplete or lack key information may be rejected by the Agency at its sole discretion. Each proposal will be independently evaluated by members of a committee, thus any attachments or sample portfolios must be submitted with each copy. Offerors who submit less than the required number of copies and submittals will not be considered.

C. Any addendums that may be issued to clarify this project must be signed and included with the proposals.

D. Proposals should be prepared 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. Proposals should be as thorough and detailed as possible so that the Agency may properly evaluate your capabilities to provide the required services.

E. All pages of the proposal should be numbered. The proposal should reference the corresponding section(s) of the RFP. Proposals shall identify the following information: The Name of Offeror, Due Date & Time, Address, RFP#, and RFP Title, and name of Agency as outlined on cover page of this solicitation. Proposal page count shall not exceed 100 pages (50 double-sided or 100 single-sided 8.5x11 sheets). The cover page (pg. 1 of RFP), and any addendums or other required documents are excluded from the page count.

F. Ownership of all data, materials, and documentation originated and prepared for the Agency pursuant to the RFP shall belong exclusively to the Commonwealth of Virginia, and may be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act, however, the offeror must invoke the protections of 11-52D of the Code of Virginia, in writing, before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected, and must state the reasons why protection is necessary. The proprietary or trade secret materials submitted must be identified by some distinct method, such as highlighting or underlining, and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. Offeror may submit a REDACTED copy, marked as such, to invoke the protections of 11-52D of the Code of Virginia. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable, and will result in rejection of the proposal.

G. Oral Presentation: Offerors who submit a proposal in response to the RFP may be required to give an oral presentation of their proposal to the Agency. This will provide an opportunity for the offeror to clarify or elaborate on the proposal, but in no way shall allow offeror to change the original proposal. This is a fact-finding and explanation session only and does not include negotiations. The Agency will schedule the time and location of these presentations. Oral presentations are an option of the Agency and may not be conducted; therefore, proposals should be complete at the time of initial submission.

5.2. Submission

A. Using the Statement of Needs in Section 3, Offerors shall prepare their response in the order outlined below, with tabbed sections listed below for ease of identification and review. Proposals that are not organized in the specified manner risk elimination from consideration, or may receive a lower score if the evaluators are unable to find where RFP requirements are specifically addressed.

B. Tab 1: Table of Contents

a. The Offeror’s response shall have a Table of Contents referencing the response contents by tab to the appropriate pages.

b. Information the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material or appendices.

C. Tab 2: Project Understanding

a. Understanding the Agency’s Security Requirements – As evidenced by a plan defining the tasks and timetable in order to be operational at the Agency by the specified date.

D. Tab 3: Offeror Qualifications

a. Qualifications and experience of personnel – Lists of names, detailed resumes of owners, principals, site supervisors, and key personnel who would be assigned to this Contract. The information should contain, but not be limited to, the number of years with the company, the number of years in security services, types of duties performed, education, current and past positions with Offeror, as well as additional work as armed or unarmed security person and experience of individuals in public or private law enforcement, if applicable. This section is to include all staff that may be assigned during the time of this Contract as may be known at the time of the proposal.

b. Company Profile – The number of years the company has been in business as a security firm, size, and titles of current staff, type of ownership (single proprietorship, joint partnership, public or private corporation), current contractual commitments, previous four years gross revenues, and total payable for same, current, projected revenue, etc.

E. Tab 4: Approach and Methodology

a. Specific Plans and Methodology – Plan to perform services and a plan to furnish additional security officers within 45 minutes as described in STATEMENT OF NEEDS, management plan clearly defining the staff training programs, performance evaluations of staff, interaction between Contractor and Agency, inclement weather policy.

F. Tab 5: Other Required Documents

a. Completed Contractor Data Sheet – Attachment A, Completed State Corporation Commission Form – Attachment B, any addendums and proof of applicable insurance, and Small Business Subcontracting Plan – Attachment C.

G. Tab 6: Cost Proposal

a. Hourly rates per officer per classification for security officers as outlined in Pricing Schedule.

6. EVALUATION AND AWARD CRITERIA

6.1 Evaluation of Proposals. The Agency’s committee shall evaluate proposals using the following criteria. (total points 100)

A. Project Understanding (20 points)

· Written Narrative that demonstrates understanding of the Agency’s security requirements

B. Offeror Qualifications (20 points)

· Qualifications and experience of personnel (10 points)

· Company Profile (10 points)

C. Small Business Subcontracting Plan (20 points)

· Plan to use DSBSD-certified small businesses as evidenced in the Small Business Subcontracting Plan (Attachment C)

D. Approach and Methodology (20 points)

· Specific plans and methodology

E. Cost Proposal (20 points)

· Hourly rates per officer per classification for security officers as outlined in Pricing Schedule

6.2 Rejection of Proposals. The Agency reserves the right to reject any or all proposals received. Non-acceptance of a proposal means that one or more others were deemed more advantageous to the Agency or that all proposals were rejected.

7. GENERAL TERMS AND CONDITIONS

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

B. Applicable Laws and Courts. This solicitation and any resulting Contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Agency and the Contractor are encouraged to resolve any issues in controversy arising from the award of the Contract or any contractual dispute using Alternative Dispute Resolution (“ADR”) procedures as established in the Code of Virginia, § 2.2-4366 and further described in Chapter 9 of the Vendors Manual. The Contractor shall comply with all applicable federal, state and local laws, rules, and regulations.

C. Anti-Discrimination. By submitting their proposals, Offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the Contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender, 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 A and B below apply:

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

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

2. 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.

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

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

D. Ethics in Public Contracting. By submitting their 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.

E. Immigration Reform and Control Act of 1986. By submitting their proposals, Offerors certify that they do not and will not during the performance of this Contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

F. Debarment Status. By submitting their proposals, Offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on Contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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

H. Mandatory Use of State Form and Terms and Conditions. Failure to submit a proposal on the official state form provided for that purpose may be a cause of 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 Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. Clarification of Terms. If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the Agency representative 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 Agency.

J. Payment.

1. To Prime Contractor:

1. 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).

2. 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.

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

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

5. 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, Contractor should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges that appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

(a) To pay the Subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the Subcontractor(s) under the Contract; or

(b) To notify the Agency and the Subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

2. 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 Contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. Contractor’s obligation to pay an interest charge to Subcontractor may not be construed to be an obligation of the Commonwealth.

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.

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

L. Qualifications of Offerors. The Commonwealth 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 Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the Commonwealth that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

N. Assignment of Contract. Contract shall not be assignable by Contractor in whole or in part without the written consent of the Commonwealth.

O. Changes to the Contract. Changes can be made to the Contract in any of the following ways:

1. The parties may agree in writing to modify the scope of the Contract. An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract.

2. The Purchasing Agency may order changes within the general scope of the Contract at any time by written notice to 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. Contractor shall comply with the notice upon receipt and shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

3. 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, and Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized.

The Purchasing Agency shall have the right to audit the records of Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation, or any other provision of this Contract shall excuse Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

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

Q. Taxes. Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

R. Use of Brand Names. Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. Offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts, and technical detail to enable the Commonwealth 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, unless Offeror clearly indicates in its proposal that the product offered is an equal product, such proposal will be considered to offer the brand name product referenced in the solicitation.

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

T. Insurance. By signing and submitting a proposal under this solicitation, 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. Offeror further certifies that the Contractor and any Subcontractors will maintain this insurance coverage during the entire term of the Contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

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. Commercial General Liability is to include bodily injury and property damage, personal injury , and advertising injury, products, and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability – $1,000,000 per occurrence.

U. Announcement of Award. Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing Agency will publicly post such notice on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

V. Drug- Free Workplace. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful…