RFP-WEBSITE REDESIGN AND HOSTING_final.docx

WEBSITE REDESIGN AND HOSTING

ROANOKE HIGHER EDUCATION AUTHORITY

REQUEST FOR PROPOSALS

Issue Date: May 27, 2026 RFP Number: 121251

Title: WEBSITE REDESIGN AND HOSTING Commodity Code: 91596

Closing Date: For consideration, SEALED proposals must be received no later than 2:00 p.m. (local time), June 22, 2026. (No proposal will be accepted after the stated closing date/time.)

Period of Contract: Approximately Six (6) months or as negotiated. (1-3 year optional maintenance agreements)

PROPOSALS ARE TO BE MAILED DIRECTLY TO ISSUING AGENCY AT THE ADDRESS SHOWN ABOVE TO THE ATTENTION OF CARLA JAMES. IT IS THE OFFEROR’S RESPONSIBILITY TO ENSURE THAT PROPSOSALS ARE RECEIVED AT THE LOCATION INDICATED BY THE DATE AND TIME ABOVE. THIS COVER SHEET MUST ACCOMPANY YOUR BID, WITH ALL INFORMATION AND SIGNATURES APPLIED BELOW.

Submit Comments Questions Interested parties may submit written questions on any aspect of this RFP on or before 3:00 p.m., June 11, 2026. Please submit your questions (Attachment I) to Carla James, by email: carla.james@education.edu. No other questions will be responded to after the June 11, 2026, deadline. Questions and answers will be posted no later than June 15, 2026 as an Addendum to eVA.virginia.gov/VBO and on the RHEC website, announcements page: https://www.education.edu/announcements

In compliance with this Request For Proposals and to all the conditions imposed herein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation/modifications.

Signature:

Printed Name:

Title:

Phone:

Are You A Registered eVA Procurement Vendor? □Yes □No Date Completed:_______________________ (www.eva.virginia.gov)

Check all that apply: □Corporation □Partnership □ Proprietorship □ Individual Department of Small Business and Supplier Diversity (DSBSD) Certification No. __________________________and Expiration Date:__________________________ Certification Category: □Woman‐Owned □Minority‐Owned □Micro □Small Business (www.dsbsd.virginia.gov) for additional information.

1 Contractor is REQUIRED to provide a Federal Employer Identification Number, a Federal Identification Number or, in the absence of these numbers, his Social Security Number. This information is being collected for IRS reporting. This authority does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a offeror or because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

IMPORTANT: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE

Table of Contents

I. PURPOSE

The Roanoke Higher Education Authority is seeking a qualified web design and development firm to redesign and host the Roanoke Higher Education Center’s (RHEC) website (www.education.edu) and ensure full compliance with current ADA accessibility standards (WCAG 2.1 AA or higher). The Authority’s goal is to create a modern, user-friendly, mobile-responsive, and fully accessible website that improves access to information and services. This solicitation is being conducted in accordance with the Virginia Public Procurement Act utilizing the Competitive Negotiation methodology pursuant to § 2.2-4302.2 of the Code of Virginia.

II. BACKGROUND

The Roanoke Higher Education Authority is a political subdivision of the Commonwealth of Virginia. Our mission is to develop partnerships and maintain a state-of-the-art facility that provides citizens of the Roanoke region with access to training, certifications, and degrees. The Center’s current website requires modernization, enhanced navigation, and improved accessibility to better meet students’ needs and comply with ADA standards. Currently, there are 193 pages on our website (the number may vary, since some are announcements and job postings). We average 4,600 website visitors and 9,250 page views per month.

III. PROJECT OBJECTIVES

The redesigned website should:

The selected Offeror shall provide, at a minimum, the following:

A. Discovery & Planning:

B. Website Design:

C. Website Development:

D. Functional Requirements:

E. ADA Compliance:

F. Testing and Quality Assurance:

H. Criminal Background Check:

V. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. RFP Response:

In order to be considered for selection, the Offerors must submit a complete response to this RFP. One (1) original and three (3) copies of the proposal must be submitted to the issuing agency. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and all attachments with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy” on the front cover. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. RHEC shall not be responsible for the Offeror’s failure to exclude proprietary information from this redacted copy. No other distribution of the proposal shall be made by the Offeror. (Attachment F)

B. Proposal Preparation

1. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lower 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.

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

3. 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. It is also helpful to 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.

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

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

6. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State 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. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document or prequalification application, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time, the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

C. Oral Presentation

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal 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.

RHEC expects offerors who are invited to give an oral presentation will utilize the person or persons who will be working on the project to make the presentation so quality, and experience of the contractor’s staff can be evaluated prior to making the selection.

D. Specific Proposal Instructions:

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

5. Plan for providing ongoing support.

6. References.

7. Proof of insurance.

8. Small Business Subcontracting Plan – Summarize the planned utilization of DSBSD-certified small businesses under the contract to be awarded as a result of this solicitation. This is a requirement for all prime contracts in excess of $100,000 unless no subcontracting opportunities exist. Complete Attachment C.

9. State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or Title 50. Include SCC Form, Attachment D.

E. Questions

All questions related to the RFP or requests for clarification must be submitted in writing (Attachment I) to Carla James, Senior Director of Academic & Student Services, by email at carla.james@education.edu no later than 3:00 p.m. on June 11, 2026. Oral questions will not be permitted. All responses will be in writing and will be posted as an addendum on the RHEC website at https://www.education.edu/announcements and also on eVA at www.eva.virginia.gov/VBO by close of business on June 15, 2026. It is the responsibility of all Offerors to ensure that they have received all addendums and to include signed copies of any and all addendums with their proposal submission.

F. Exception to the RFP

All requested information in this RFP must be supplied. Offerors may take exception to certain requirements in this RFP. Any exceptions from the RFP guidelines, requirements and specifications shall be clearly identified in this section and must be submitted in writing. Written explanation shall include the scope of the exceptions, the ramifications of the exceptions for RHEC, and the description of the advantages and disadvantages to RHEC as a result of exceptions. All exceptions must be submitted by the due date of the proposal. RHEC, at its sole discretion, may reject any exceptions or specifications within the proposal. Vendor should not incorporate by reference its entire proposal.

All exceptions must be identified in Exceptions to the RFP (Attachment E) and be approved before the contract is signed or they are considered non-binding. Any exceptions from the RFP requirements that are being included within the proposal submission will require a written notice to be included in the proposal. This written notice in no way authorizes the proposed exception or exceptions without a written acknowledgment form RHEC. These exceptions notices must be brought to the attention of RHEC by the requestor of the exceptions. RHEC reserves the right to approve or deny any and all exceptions from the RFP requirement. Once the contract has been signed by both parties, no exceptions will be considered without RHEC approval.

G. Modification and Withdrawal of Proposal

A. Proposal Evaluation Criteria

Selection of the successful proposal will be based upon submission of proposals meeting the selection criteria. Proposal evaluations will be based on a points scale, using the following minimum selection criteria:

1. Experience and Qualification: The capability, in all respects, to perform fully the contract requirements, the more and business integrity and reliability which will assure good faith performance as required by the specifications contained herein, including technical capabilities, professional licenses and certifications, business stability and continuity, and qualifications of proposed personnel to provide services in accordance with Scope of Work (25 points).

2. Technical Approach and Design Capability: Indicates the offeror has a clear understanding of the work to be performed and reasonableness of the proposed strategy for implementation. The functional and technical ability, capacity and flexibility of the offeror to perform the contract in a timely manner, on budget and to the standards of professionalism and customer service, as verified by the content and quality of the proposal; the content and quality of any demonstration or presentation; client references; demonstrated success in project with similar requires; reputation in the marketplace (30 Points).

3. Functionality and Innovation: The degree to which the Offeror has responded to the purpose and scope of work and conformance in all respects to this RFP. Any Contract between RHEC and an Awarded Vendor requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract is awarded. As a result, the proposal will be evaluated as a sample of data submission. Subjective judgement on the part of RHEC evaluators is implicit in this process (20 Points)

4. Cost: Cost of services to include design, implementation, training, ongoing hosting and support services. The costs should be broken into one-time fees and ongoing fees. Provide annual maintenance and hosting fees for first three years. (15 Points)

5. References: Completion of the Reference Form with reference of completion of similar projects (10 Points)

As part of the evaluation process, RHEC may ask questions of a clarifying nature from Offerors as required. RHEC may also request an oral presentation to explain the proposal and answer questions.

RHEC reserves the right to cancel this RFP at any time or reject any or all proposals received as a result of this RFP if it is in the best interest of the Authority.

Evaluation Criteria:

B. Award of Contract

RHEC reserves the right to make selection of two or more Offerors that are deemed fully qualified and best suited among those submitting proposals, based on the factors involved in the request for proposals, including price if stated in the request for proposal. Negotiations shall then be conducted with each of the Offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, RHEC shall select the Offeror that, in its opinion, has made the best proposal, and shall award the contract to that Offeror. Should RHEC determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to the Offeror. Once the selection has been made as to which Offeror will be awarded the contract, the Contract Administrator will post a Notice of Award on the RHEC website at https://www.education.edu/announcements and also on eVA at www.eva.virginia.gov/VBO.

The award documentation will subsequently be followed by a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

RHEC desires to award to one (1) qualified vendor for all services.

VII. INVOICING AND PAYMENT

The Contractor shall submit an invoice that references the RHEC contract number, description of services, total price, and purchase order number. Payment will be made thirty days after receipt of proper invoice for the amount of payment due, or thirty days after receipt of goods/services, whichever is later, in accordance with the Commonwealth of Virginia Prompt Payment Act. Mail or Email Invoice(s) to:

VIII. GENERAL TERMS AND CONDITIONS

Vendor: These general rules and conditions shall apply to all purchases and be part of each solicitation and every contract awarded by RHEC, unless otherwise specified. The RHEC Executive Director is responsible for the purchasing activity of RHEC. The term “RHEC” as used herein refers to the contracting entity, which is the signatory on the contract. Offers or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting an offer. Failure to do so will be at the offeror’s own risk and except as provided by law, relief cannot be secured on the plea of error.

Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations and legislation, offerors on all solicitations issued by the RHEC Executive Director will bind offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

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 offers, offerors certify to the RHEC 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 3.1 and 3.2 below apply:

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

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

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

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

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

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

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the bases of race, sex, color, national origin, religion, sexual orientation, gender identify, age, political affiliation, disability, or veteran status, 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 offer, offerors certify that their offer is 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 offer, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with RHEC, the contractor certifies that the contractor does not and shall not during the performance of this contract for goods and services in the Commonwealth of Virginia, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

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

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the RHEC 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 RHEC under said contract.

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 RHEC.

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with RHEC funds, shall be billed by the contractor at the contract price, regardless of which partnering affiliate is being billed.

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

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the 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).

2. To Subcontractors:

a. 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:

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

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

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

3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions 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 OFFERORS: The RHEC 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 RHEC all such information and data for this purpose as may be requested. The RHEC reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The RHEC further reserves the right to reject any offer if the evidence submitted by, or investigations of, such offeror fails to satisfy the RHEC 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.

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 with the same broad product or service categories as were included in the contract award. 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 RHEC 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, shall await RHEC’s written decision affirming, modifying, or revoking the prior written notices. If RHEC 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 RHEC a credit for any savings. Said compensation shall be determined by one of the following methods:

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

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

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the RHEC with all vouchers and records of expenses incurred and savings realized. The RHEC 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 RHEC within thirty (30) days from the date of receipt of the written order from the RHEC. 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 Virginia Public Procurement Act. 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 RHEC 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 RHEC, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the RHEC may have.

Q. INSURANCE: By signing and submitting an offer 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 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.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

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 RHEC must be named as an additional insured and so endorsed on the policy.

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

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, RHEC will publicly post such notice on the RHEC web site (https://www.education.edu) for a minimum of 10 days.

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

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

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

U. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the RHEC shall be bound hereunder only to the extent of the funds available, or which may hereafter become available for the purpose of this agreement.

V. PER PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offer prices in US dollars.

W. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstick corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so, required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

1. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

2. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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

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

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

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

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

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

IX. SPECIAL TERMS AND CONDITIONS

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The RHEC, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting…