Request for Proposals

Issue Date: March 19, 2026 RFP Number: VCCS-MECC-26-112254 Title: Café Services Commodity Code: 96219- Cafeteria and Restaurant Services, 15569 - Portable Kitchens, 96115

- Concessions, Catering, Vending: Mobile and Stationary (See Class 905 for Airport Concessions), 96119 - Food Trucks and Mobile Catering Carts.

Issuing Agency: Commonwealth of Virginia Virginia Community College System - Shared Services Center 147 Daleville Centre Drive Daleville, Virginia 24083 Contract Term: An initial one (1) year term with nine (9) additional one (1) year optional renewals.

Proposals will be received until: April 20, 2026, at 2:30 PM local time

All Proposals must be received in eVA’s Virginia Business Opportunities by the date and time stated immediately above. Any Proposals received after the stated time and date will not be considered.

MANDTORY PRE-PROPOSAL CONFERENCE: A MANDATORY Pre-Proposal Conference will be held on April 1, 2026, at 1:00 PM. The Location is:

3441 Mountain Empire Road Big Stone Gap, VA 24219 Godwin Hall, Room 130

The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Sign-in begins at 1:00PM and no one will be admitted after 1:10 PM.

Questions will be accepted by e-mail to Patrick Millehan through April 8, 2026, at 5:00PM. Any inquiries regarding this solicitation should be directed only to: Patrick Millehan, Senior Contract Officer

Email: Pmillehan@ssc.vccs.edu Phone: (540) 591-4132

Any inquiries regarding this solicitation should be directed only via email to:

Patrick Millehan, Senior Contract Officer Email: pmillehan@ssc.vccs.edu

All inquiries must be made in writing and must be submitted electronically as indicated in the RFP. No oral inquiries will be accepted. From the date of issuance of this RFP, until the selection of a Contractor(s) is announced, all questions concerning any part of this RFP shall be directed ONLY to Patrick Millehan (pmillehan@ssc.vccs.edu). It is not permissible for an Offeror, or any entity working on behalf of an Offeror, to solicit information from any individual or government source (Federal or State) other than from the official point of contact listed above. Any unauthorized solicitations for information are grounds for disqualification of Offeror’s proposal.

Request for Proposals # VCCS-MECC-26-112254

Café Services

In compliance with this Request for Proposals (RFP) and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods and services in accordance with the attached submitted proposal or as mutually agreed upon by subsequent negotiation.

COMPLETE AND RETURN THIS PAGE WITH THE PROPOSAL

Name of Company: Date:

Address of Company: By: Signature eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a offeror or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to request for proposal.

Table of Contents

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEEDS

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

V. EVALUATION AND AWARD CRITERIA

VI. GENERAL TERMS AND CONDITIONS

VII. SPECIAL TERMS AND CONDITIONS

VII. METHOD OF PAYMENT

IX. PRICING SCHEDULE

X. ORDERING PROCEDURES

XI. ATTACHMENTS

ATTACHMENT 1 – VENDOR DATA SHEET**

ATTACHMENT 2 – STATE CORPORATION COMMISSION FORM**

ATTACHMENT 3 – PROPRIETARY AND CONFIDENTIAL INFORMATION FORM**

ATTACHMENT 4 – SMALL BUSINESS SUBCONTRACTING PLAN**

ATTACHMENT 5 – DISCLOSURE OF AI USE IN PROPOSAL DEVELOPMENT**

ATTACHMENT 6 – PRICING SCHEDULE**

ATTACHMENT 7 - EQUIPMENT LIST …………………………………………………………………………………… 43

ATTACHMENT 8 - PHOTOGRAPHS OF WORK AREA ……………………………………………………………… 44

ATTACHMENT 9 - COLLEGE SURVEY ……………………………………………………………………………….. 48

Items indicated by ** must be completed and returned as part of the RFP submission package.

I. PURPOSE

This solicitation is being conducted on behalf of Mountain Empire Community College to procure a single contract to provide Café Services.

II. BACKGROUND

Virginia’s Community colleges serve an estimated 400,000 people across the state. The opportunities we provide include some of the most cutting-edge and highly demanded training and education available. We give everyone the opportunity to learn and develop the right skills, so lives and communities are strengthened. Virginia’s Community Colleges were created in 1966 to address Virginia’s unmet needs in higher education and workforce training. The newest Strategic Plan, Complete 2021, contains a single goal: to triple the credentials students earn in academic and workforce areas.

III. STATEMENT OF NEEDS

The Virginia Community College System (VCCS) seeks to procure café style operations options for students, faculty, and staff at MECC. The work to be completed includes but is not limited to providing all labor, materials, supplies, equipment (except for the college provided items) and related items necessary as requested by the VCCS. The Contractor shall be responsible for providing these services as described below and any terms and conditions and attachments referred to in this RFP. Each offeror should carefully read and review all such documents.

Additionally, all equipment and operations proposed under this RFP shall be compatible with and shall not exceed the existing electrical, mechanical, plumbing, and ventilation capacities available in the designated café area at MECC. No upgrades, modifications, or additions to building utilities, electrical service, ventilation systems, or structural elements shall be assumed unless explicitly identified in the offeror’s proposal and approved in writing by the College. Any such upgrades shall be subject to separate review, approval, and funding by the College.

A. GENERAL REQUIREMENTS:

The Contractor shall supply all labor, materials, supplies, and equipment (except for the college provided items) and related items necessary to operate and maintain café style operation services for faculty, staff, and students at MECC campus. VCCS does not guarantee any specific amount of volume, minimum, or maximum number of services under this solicitation and resulting contract.

a. Café Services:

i. Cafeteria hours will be from 10AM -3PM, Monday through Thursday. Hours may be modified as needed and as mutually agreed upon between the College and the Contractor.

ii. The Contractor shall provide catering services upon request. Provide your proposed catering offers with prices for catering services. MECC reserves the right to contract with any other properly credentialed person or vendor to cater for special functions at the College. College organizations (student, faculty, and/or staff) may also contract with any other properly credentialed person or vendor for their special functions. Student organizations and clubs shall be permitted to conduct food sale fundraisers as their organizations see fit. If the Contractor provides catering to the college there is a Meals & Incidental Expense Per Diem cap for catering. The Contractor shall discuss with the college at that time.

iii. The College reserves the right to inspect the facility any time after hours of operation

iv. The Contractor shall effectively market the food service program as mutually agreed upon with the college strategically advertising to attract business

v. The Contractor shall provide catering services upon request. Provide your proposed catering offers with prices for catering services. MECC reserves the right to contract with any other properly credentialed person or vendor to cater for special functions at the College. College organizations (student, faculty, and/or staff) may also contract with any other properly credentialed person or vendor for their special functions. Student organizations and clubs shall be permitted to conduct food sale fundraisers as their organizations see fit. If the Contractor provides catering to the college there is a Meals & Incidental Expense Per Diem cap for catering. The Contractor shall discuss with the college at that time.

vi. All crockery, glassware, silverware, dishes, tableware, serving trays, and kitchen utensils provided by the college, shall be replaced promptly by the contractor at the contractor’s expense, as these items become lost, broken, or unserviceable.

vii. The Contractor shall be responsible for the regulatory and permit compliance of all federal, state, and local codes as they apply to food service establishments.

viii. The Contractor shall be responsible for removal of trash in cafeteria area to designated areas provided by the college.

ix. The Contractor shall keep a separate container for the disposal of grease and shall be responsible for any cost associated with any removal and/or disposal of grease from the college premises according to local, state, and federal regulations. The Contractor shall not dump grease down the drains. The Contractor shall be responsible for any cost related for clogged drains directly related to café services.

x. The Contractor shall be responsible for keeping the area free from grease and dust accumulations on kitchen equipment and appliances, ventilating motors, hoods, filters, cooling coils and refrigerator motors by keeping these items clean. The Contractor shall provide and adhere to the cleaning schedule which standard is “ordinary tidiness.”

xi. The Contractor shall be responsible for resolving any customer complaints within two (2) business days. If the complaint cannot be resolved, the Contractor shall contact the authorized college representative listed on this RFP for assistance.

xii. The Contractor shall make all arrangements for delivery, unloading, receiving, and storing merchandise. The College shall not assume any responsibility for receiving these shipments. All food service products must be delivered on a refrigerated delivery truck when requiring refrigeration.

xiii. The Contractor agrees to return to the College at the expiration of this contract the food service premises, and all College provided equipment negotiated at the start of any resulting contract per college in the condition in which it was received, except for ordinary wear and tear (except to the extent that said premises or equipment may have been lost or damaged by fire, flood, or other unavoidable occurrences). The Contractor agrees to keep the equipment sanitary throughout the term of the contract.

xiv. The Contractor shall provide utensils and paper napkins to all individuals that request them whether patrons of the cafeteria or not.

xv. The Contractor shall provide a point-of-sale system which shall allow the tracking of orders, acceptance of pre-orders (e.g., order ahead for a scheduled pick-up time), a reduction of wait time.

xvi. The Contractor or authorized representative shall meet quarterly with the College (Contract Administrator or their designee, Student Advisory, or Vice President of Finance and/or

Administration) to discuss all services, including but not limited to, acceptable menu items, student, and the College needs.

xvii. Upon request, the Contractor shall be willing to partner with groups/clubs and offer special deals for fundraising.

xviii. The Contractor and the College may mutually establish routine procedures within the scope of these specifications for handling the services described herein. Such procedures are subject to the College’s approval.

xix. The Contractor shall provide a menu with all pricing inclusive, which is negotiable.

xx. The Contractor shall be responsible for maintaining condiments, counters, immediate vicinity of the serving area, food preparation and service area in a clean, sanitary, and attractive condition. It is desired that the Contractor use, to the greatest extent possible, biodegradable products. The Contractor shall comply with all Commonwealth of Virginia laws to include Section 10.1-1424-3 (Food Service Containers).

xxi. The Contractor shall obtain all licenses and permits for the operation of the food service areas as required by local, city, and/or the Commonwealth of Virginia regulations/laws.

xxii. The Contractor shall accept all forms of payment – cash, coins, credit/debit card, declining balance cards (and College Cards), and touchless payments.

xxiii. Payment Card Industry (PCI) Compliance:

1. The Contractor must be PCI Level 1 compliant according to the standards of the credit card industry. The Contractor agrees to provide annual certification of PCI compliance to the College.

2. The Contractor represents and warrants that for the life of the contract, the software and services used for processing transactions shall be compliant with standards established by the PCI Security Standards Council.

xxiv. Increases to sale prices on the food service items may be granted with the prior approval of the College.

b. Equipment:

i. The Contractor shall use the kitchen equipment the college provides. If a piece of equipment needs to be repaired or replaced, the College will cover the cost and maintenance of the equipment.

ii. The Contractor shall be responsible for all cleaning with the College assistance with floor needs i.e. waxing. Waxing should be completed at a minimum of twice a year.

iii. The Contractor shall ensure that all refrigeration equipment used for food storage maintains the proper temperature.

iv. The Contractor shall obtain all licenses and permits for the operation of the food service areas as required by local, city, and/or the Commonwealth of Virginia regulations/laws.

c. Service:

i. The College will provide the Contractor a food service facility that is functional to operate café services. The College will provide heat, fuel, and utility services as may reasonably be required for efficient performance.

ii. The College will provide kitchen equipment such as stove, refrigerator, sink, and countertop space.

iii. The College shall be responsible for the building structure and its maintenance to include repair and repainting of perimeter walls, maintaining light fixtures, plumbing, and repair/replacement of college owned equipment.

iv. The College, along with its agents and employees, shall not assume responsibility for any damage to the property of the Contractor while it is located on the College premises.

Additionally, the College will not be held liable for any food spoilage caused by equipment malfunctions, interruptions, or the discontinuation of heating, air conditioning, and/or utility services.

v. The College shall be responsible for cleaning range hoods biannually to remove any grease buildups as required by building code and will be responsible for the fire suppression system within the kitchens.

vi. The College cannot guarantee an uninterrupted supply of water, electricity or air conditioning/heat except that it shall be diligent in restoring service following an interruption. The College shall not be liable for any loss, which may result from the interruptions or failure of any such utility services.

B. GOODS AND SERVICES TO BE PROVIDED BY THE COLLEGE

i. The College will provide the Contractor a food service facility that is functional to operate café services. The College will provide heat, fuel, and utility services as may reasonably be required for efficient performance.

ii. The College will provide kitchen equipment such as stove, refrigerator, sink, and countertop space.

iii. The College shall be responsible for the building structure and its maintenance to include repairing and repainting of perimeter walls, maintaining light fixtures, plumbing, and repair/replacement of college owned equipment.

iv. The College, along with its agents and employees, shall not assume responsibility for any damage to the property of the Contractor while it is located on the College premises.

Additionally, the College will not be held liable for any food spoilage caused by equipment malfunctions, interruptions, or the discontinuation of heating, air conditioning, and/or utility

v. The College shall be responsible for cleaning range hoods biannually to remove any grease buildups as required by building code and will be responsible for the fire suppression system within the kitchens.

vi. The College cannot guarantee an uninterrupted supply of water, electricity or air conditioning/heat except that it shall be diligent in restoring service following an interruption. The College shall not be liable for any loss, which may result from the interruptions or failure of any such utility services.

C. PERSONNEL REQUIREMENTS

I. The Contractor shall be responsible for the conduct of all personnel while on the job site.

II. The Contractor shall adhere strictly to campus regulations concerning personal behavior. The College will provide a copy of the campus regulations to the Contractor upon the start of the contract. The Contractor shall agree to assign only those employees acceptable to the College to manage the café services. Employees are to be service-oriented, pleasant, and understanding of the needs of the College’s students, staff, and faculty.

(i) Workers appearing to be under the influence of alcohol or drugs shall not be permitted on the work site.

(ii) Loud, disruptive, and unprofessional conduct shall not be permitted. Anyone exhibiting such behavior shall be barred from the work site permanently. Repeated incidents shall be grounds for termination of the contract at the discretion of the College and VCCS.

(iii) The Contractor personnel policies shall be consistent with federal and state laws.

(iv) The College reserves the right to reject any successful offerors’ employee who, in the

College’s judgment, are not adequately performing the work specified in the Statement of Needs section of this RFP.

(v) The Contractor shall conduct background checks on all new employees. The cost of the background checks shall be the responsibility of the Contractor. The College’s Contract Administrator or their designee shall be notified of potential new employees and reserves the right to complete background checks of their own.

(vi) The Contractor and its personnel shall have an identification card properly displayed while performing the services showing the company name and employee name.

Service personnel must wear uniforms that easily and appropriately identify with the Contractor and the employee’s name.

Proposals should at a minimum address the following:

a) Provide a plan of operation to achieve the following:

● Commitment to sanitation, presentation, and customer service.

● Plan to maintain the space and equipment in a clean, safe, and functional condition.

● Storage requirements.

b) Provide a list of items your company can provide for café service retail. The list of items should also include the proposed price of each item.

c) Describe your process for handling equipment breakdown/failures.

d) Describe your process for handling and resolving customer complaints, including your process for providing refunds. Provide a minimum/maximum timeframe for resolving issues.

e) Provide any other relevant information pertaining to the services being sought in this RFP.

f) Provide a brief history of your company and experience in providing the service being sought in this RFP.

g) Provide information on those individuals to be assigned to work with the College and a description of their experience in providing services being sought in this RFP.

h) Describe any training that is provided to personnel during their employment with your company.

i) Describe your company’s process for hiring personnel to be assigned to the Colleges café

j) Demonstrate how your company will provide café services.

k) Provide sample marketing/promotional plans for spring/summer, fall/winter and healthy alternatives. Marketing/promotional plans shall not involve pictures of student, staff, or faculty.

l) Describe in detail how your company intends on ensuring all personnel are adhering to all federal, state, and local ordinances, rules, regulations, and health codes.

m) Describe in detail how your company intends to provide and manage café services at the colleges.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL PROPOSAL PREPARATION

1. RFP Response: In order to be considered, offerors must submit a complete response to this RFP (electronic). No other distribution of the proposal shall be made by the offeror.

i. One (1) original proposal including the RFP, coversheet, and signed acknowledgement of any addenda (if applicable) Email is not acceptable.

ii. One (1) redacted copy (only if offeror has invoked the protections trade of §2.2-4342F of the Code of Virginia). Redacted copy must be identical to the original copy with the exception of removal/overwritten redacted information – (marked “REDACTED”). Email is not acceptable.

2. Proposal Preparation:

i. Ownership of all data, materials, and documentation originated and prepared for the VCCS pursuant to this solicitation shall belong exclusively to the VCCS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either 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 state the reasons why protection is necessary. Proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information in the original submitted proposal. Additionally, the offeror must submit a redacted copy of the proposal if invoking said protection. 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.

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

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

iv. The entire proposal response shall be limited to 100 typed pages (excluding the complete RFP, without attachments) submitted and filled out as required. No font shall be smaller than 11 Point. Page size shall be 8 ½ x 11 inch. Larger pages are allowed for figures or tables but should be used sparingly. All pages should be numbered.

Proposals shall be submitted as ONE ATTACHMENT in Eva.

v. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP.

Please cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which 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. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

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

3. Oral Presentation / Demonstrations/Site Visits: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation or provide a demonstration of their proposed solution to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted. The College reserves the right to conduct an on-site inspection of the Offeror’s facility in order to meet with personnel and evaluate facilities prior to contract award. This pre-award site visit will be provided at no cost to the Offeror.

B. SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be as thorough and detailed as possible so that the VCCS may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

1. RFP cover sheet and all addenda acknowledgements, if any, signed and filled out as required.

2. Offeror (Vendor) Data Sheet, included as an attachment to the RFP, all other attachments as noted, and other specific items or data requested in the RFP.

3. A written narrative statement to include:

i. Experience in providing the services described herein

ii. Answers to all questions posed.

iii. Firm’s background, company history, locations, including the principals and their background. Please detail the ownership and other relevant information regarding the firm.

iv. Names, qualifications, and experience of personnel to be assigned to the project.

4. Specific methodology and plans for providing the proposed services including:

i. What, when, how and by whom the services will be performed or accomplished.

ii. Projected timeline for delivery of services relative to award date of contract.

5. Proposed fees: Complete Attachment 6 – Pricing Schedule for all goods and services as outlined in this RFP.

V. EVALUATION AND AWARD CRITERIA

Proposals will be evaluated by the VCCS using the following criteria:

Evaluation Criteria % of Total

Menu (Café)/Product selection and prices 20

Proposed methodology and plans for providing services 20

Experience and Qualifications of company and personnel assigned to perform service

Proposed Pricing 20

Small Business Plan 20

TOTAL 100

VI. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell To Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their bids, 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 sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

ii. 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.

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

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

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

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

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

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

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

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

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

G. ANTITRUST: By entering into a contract, the 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 FOR RFPs: Failure to submit a proposal on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal as nonresponsive. As precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the offeror withdraw or modify non-responsive portions of a proposal which do not affect quality, quantity, price or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

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 the 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 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, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

To Subcontractors:

1. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

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

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

2. 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 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. A contractor’s obligation to pay an interest charge to a 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.

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

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

L. QUALIFICATIONS OF OFFERORS: 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: A contract shall not be assignable by the 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 terms, conditions, or scope of the contract.

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

ii. 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

iii. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency.

If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the 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 may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

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

1. Workers’ Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

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

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

5. Professional Services Profession/ Service Limits

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

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

Asbestos Design, Inspection or Abatement Contractors; Healthcare Practitioners (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapy Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals or Health Maintenance Organizations)

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

Insurance/Risk Management

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

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

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

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

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

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

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

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are…