ATTACHMENT A - UNSEALED REQUEST FOR PROPOSAL SUBMITTAL SHEET

Issue Date: July 24, 2026 RFx ID: 124764

Title: Food Trucks/Mobile Vending Services

Commodity Code: 96119 Food Trucks and Mobile Catering Carts

Issuing Agency: Fort Monroe Authority 20 Ingalls Road Fort Monroe, VA 23651-1061

Initial Period of Contract: One(1) year (Renewable for a maximum of three (3) one-year terms)

Unsealed Proposals Will be Received Until Monday, August 17, 2026 at 2:00 PM For Furnishing the Services Described Herein.

All Inquiries for Information Should Be Directed To: Yvonne Cash at ycash@fortmonroe.org

PROPOSALS SHALL BE SUBMITTED ELECTRONICALLY, THROUGH eVA. PAPER PROPOSALS WILL NOT BE ACCEPTED.

In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

* DSBSD-certified Small Business No. ________________

Name and Address of Firm:

Date:

By:

(Signature in ink)

Name:

(Please Print) eVA Vendor ID: Title:

Email Address: Telephone Number:

NO PREPROSAL CONFERENCE WILL BE HELD.

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 bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status 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 bid or request for proposal.

RFxID: 124764

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

A. THE FORT MONROE LANDSCAPE

B. THE FORT MONROE AUTHORITY

C. FORT MONROE NATIONAL MONUMENT

III. STATEMENT OF NEEDS:

A. GENERAL REQUIREMENTS

B. SPECIFIC REQUIREMENTS

C. PERMITS AND REGISTRATION FEES

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS

B. SPECIFIC PROPOSAL INSTRUCTIONS

V. EVALUATION AND AWARD CRITERIA:

A. EVALUATION CRITERIA

B. AWARD OF CONTRACT:

VI. PREPROPOSAL CONFERENCE:

VII. GENERAL TERMS AND CONDITIONS:

VIII. SPECIAL TERMS AND CONDITIONS

IX. METHOD OF PAYMENT:

X. PRICING SCHEDULE

XI. ATTACHMENTS

ATTACHMENT B – SMALL BUSINESS SUBCONTRACTING PLAN

ATTACHMENT C – STATE CORPORATE COMMISSION FORM

ATTACHMENT D – OFFEROR QUALIFICATION FORM

ATTACHMENT E – QUESTION SUBMISSION FORM

I. PURPOSE

The purpose of this Request is to solicit proposals from qualified organizations to provide Food Trucks/Mobile Food Vending Services; here after referred to as “Food Trucks”, as described in Section III. Statement of Needs, for the Fort Monroe Authority at Fort Monroe for planned events including but not limited to African Landing Commemoration on August 22 and August 29, 2026; Ghost Walk October 16-18, 2026, and Veterans’ Day on November 7, 2026. Event times and durations will vary.

II. BACKGROUND

A. THE FORT MONROE LANDSCAPE

Res�ng on 561-acres, this public landscape is a two-and-a-half-mile long peninsula located on the Chesapeake Bay. The Fort Monroe Na�onal Historic Landmark (NHL) encompasses 400 acres within the public landscape and consists of 171 Contribu�ng buildings, sites, structures and objects, as well as 77 non-contribu�ng buildings, sites, structures and objects. The 93-acre southern sec�on includes a 63-acre moated masonry and earthen fortress (1819-1834), the African Landing Memorial, and a 332 wet-slip marina. The northern sec�on is characterized by remnant bateries, sandy beaches, and coastal forests. The peninsula is separated from the mainland by Mill Creek, a 53-acre salt marsh that is u�lized for recrea�onal crabbing, sailing, and cri�cal �dal habitat.

Fort Monroe has been the site of human habita�on for at least 11,000 years and was the place where one of the first contacts between colonists from the London Company and the Kikotan Na�on occurred in 1607. The English colonists constructed a fort (1609) at this site as protec�on for the Jamestown setlement. This fort witnessed the arrival of the first documented enslaved Africans to England’s North American colonies in 1619. The Fort was reconstructed twice in 1632 and 1730. The construc�on of the Old Point Comfort Lighthouse began in 1802 and was completed some�me in early 1803. A�er the War of 1812, the United States engaged military engineer General Simon Bernard to design and construct a Third System stone for�fica�on on the lands of Old Point Comfort that would become known as Fort Monroe. Fort Monroe is the largest stone for�fica�on in the United States.

Controlled by Union troops throughout the Civil War, in May 1861 the fort provided refuge to three self-emancipated African Americans. Rather than returning them, as required by the Fugi�ve Slave Act, Major General Benjamin Butler declared them “contraband of war” and permited them to remain on the site, soon atrac�ng others. This established the na�on’s first contraband camp, enclaves where African Americans sought refuge before and in the a�ermath of the Emancipa�on Proclama�on.

In 1960 most of the peninsula was designated a Na�onal Historic Landmark District, and in 1966 it was listed in the Na�onal Register of Historic Places. In 2025, the African Landing Memorial will open, recognizing Fort Monroe’s seminal place in the story of America’s mul�-cultural history.

In 2011, the base closed as an ac�ve post through a BRAC process. The Commonwealth of Virginia assumed ownership and control of the site in 2011. Also in 2011, President Barack Obama designated 325 acres a na�onal monument, included in the Na�onal Park Service Underground Railroad Network to Freedom in 2012.

Since the Army’s final flag ceremony in 2011, Fort Monroe has been on a journey to become a place of renewal, where historic buildings are preserved, natural habitats restored, and community life thrives.

Recrea�onally, the site is home to mul�ple public beaches, over three miles of trails, a public campground, and four restaurants. A sailing center, community center, and public park spaces are available across the landscape.

The fort is also home to the Casemate Museum (1951) that interprets its history, features a rectangular central lawn parade ground surrounded by a perimeter drive that traces the edges of the irregularly shaped for�fica�on, offering panoramic views of the bay. Along this outer ring are two and three-story living quarters, predominantly in the colonial Revival style having street-facing porches on their principal façade. Mature southern live oaks, including an approximately five hundred years old specimen called the “Algernourne Oak,” frame the parade ground and dot the landscape.

Ecologically, Fort Monroe delivers limited services suppor�ng migratory birds on the East Coast flyway and offers significant shoreline opportuni�es for interven�ons to heal Mill Creek, an important spawning ground for blue crabs, speckled trout, croaker, spot, red drum, and striped bass. There is an opportunity to improve and enhance ecological service func�on on the site.

Over three hundred individuals live on the site of Old Point Comfort within historic residences, mul�-family units, and an historic hotel called the Chamberlin, which was adap�vely redeveloped into an independent senior living community. Over twenty businesses exist on the site u�lizing former military buildings and structures, including new and historic facili�es. 1,000,000 sf Contribu�ng historic structures are vacant.

B. THE FORT MONROE AUTHORITY

The Fort Monroe Authority (FMA) was created by legisla�ve ac�on of the Virginia General Assembly in 2007 and is led by an appointed Board of Trustees charged with implemen�ng reuse, preserva�on, and the future evolu�on of this priceless historic treasure.

FMA is charged with the following responsibili�es:

• Protect the historic resources at Fort Monroe,

• Provide public access to the Fort's historic resources and recreational opportunities.

• Exercise exemplary stewardship of the Fort's natural resources,

• And maintain Fort Monroe in perpetuity as a place that is a desirable one in which to reside, do business, and visit, all in a way that is economically sustainable.

C. FORT MONROE NATIONAL MONUMENT

On November 1, 2011, President Barack Obama, using the authority of the 1906 An�qui�es Act, proclaimed that 325.21 acres of federal property at Fort Monroe be appropriated as the Fort Monroe Na�onal Monument (FOMR) as the 396th unit of the Na�onal Park Service (NPS). This declara�on elevated the Fort Monroe property to a stature never imagined and created an opportunity for the world to learn about the complete history of this property.

On March 20, 2015, Governor Terrence McAuliffe commited to work with the NPS to expand the boundaries of the FOMR by an addi�onal 39.5± acres. The boundary expansion remains a priority for the FMA.

Using the great assets of this property, the NPS has developed public programs, interpre�ve tours, and is preserving hundreds of acres of natural area in the heart of this urban environment. Historic buildings are being restored, direc�onal signage is being installed, and new visitors, especially school children, are being brought into this space to enjoy nature and learn the history of this site.

The purpose of FOMR is to preserve, protect, and provide for the appropriate public use of the historical, natural, and recrea�onal resources of the site. Fort Monroe is jointly managed as a unique partnership between the NPS and the FMA.

III. STATEMENT OF NEEDS:

The Fort Monroe Authority requires Food Trucks to support various community events and public outreach initiatives. Contractor(s) shall be capable of delivering safe, and compliant foods in accordance with all applicable federal, state and local regulations. Contractor(s) shall be able to operate in various locations throughout Fort Monroe on the date and during the hours required for each event. The number of Food Trucks scheduled for each event will be based on the anticipated number of attendees and at the discretion of FMA.

A. GENERAL REQUIREMENTS

1. The Contractor(s) shall furnish all management, labor, food, beverages, supplies, and equipment, as may be required, for the efficient, nutritional, sanitary, ecologically and environmentally sound operation of on-site food reparation services included in a contract resulting from this solicitation. The Contractor shall provide and maintain all equipment necessary. All equipment shall meet USFDA specifications.

2. Authorized FMA representatives will have full right of access to all areas of operation at any and all times. The Contractor(s) may be subject to inspections from applicable state and local regulatory agencies.

3. The Contractor(s) shall be financially responsible for obtaining, and properly displaying, all required permits, and licenses, to comply with all pertinent Virginia Department of Health regulations, Virginia Department of Motor Vehicle codes and standards and all applicable municipal, state and federal laws. The contractor shall have fire/safety inspection stickers on display at all times on the truck. Copies of all permits shall be provided to the FMA Contract Administrator upon request.

4. The Contractor(s) shall assume liability for all applicable taxes, including but not restricted to sales, property, and beverages. The Authority shall not be responsible for paying fees, taxes, or other charges of any kind.

4. Should the Contractor(s) accept credit cards as a form of payment, then the Contractor(s) shall be Payment Card Industry Data Security Standard (PCIDSS) compliant.

5. Contractor(s) shall remove and properly dispose of all trash and waste produced from all food truck services as necessary, but not later than at the conclusion of the event. The Authority does not provide disposal services for grease or gray water. The Contractor(s) shall be responsible for the off-site removal of grease and gray water, etc. and shall not dispose of these materials in receptacles provided for use by the general public or at any other location at Fort Monroe. The Contractor(s) shall make every attempt to reduce waste through efficient and effective food preparations and services.

6. Contractor’s Employees

a. Contractor(s) shall provide sufficient staff of properly trained employees to consistently maintain the quality and efficiency of services throughout a scheduled event.

b. All employees on the Contractor’s payroll shall be the Contractor’s responsibility.

Contractor(s) shall comply with all applicable government regulations relating to employment, compensation and payment of personnel.

c. The Contractor(s) shall appoint a Food Service Manager(s) who will routinely review and inspect operations.

7. The Contractor(s) shall maintain National Sanitation Foundation (NSF) standards for food service establishments. In addition, a Health Department rating of 90 to 100 shall be maintained at all times. Copies of most recent inspection shall be given to the FMA Contract Administrator upon request.

8. The Contractor(s) shall be in compliance with all Virginia Department of Health rules and regulations for food handling standards and shall ensure all employees pass and maintain food handling and safety certifications.

9. The Contractor(s) shall post the Department of Health Standards in a conspicuous location which is available for inspection by all of the Contractor's employees. The Contractor(s) shall ensure that all of their employees are in compliance with established hygiene practices in the handling of food to include but not limited to bathing daily, wearing clean outer clothing, keeping fingernails short and clean, using hair nets, caps or lacquer spray when hair is longer than six (6) inches (applies to both male and female employees), wearing gloves during food preparation and serving as appropriate, removing wristwatches and rings, except plain wedding bands, during the preparation and service of food, washing hands with warm water and soap upon reporting for duty, after each visit to the rest room, and after handling raw meat, fish or fowl, and reporting symptoms of infectious diseases, including colds, to medical authorities.

10. Power: Food trucks must be equipped with a generator if power is required.

B. SPECIFIC REQUIREMENTS

1. The Contractor(s) shall not dig or stake any equipment for any reason.

2. The Contractor(s) shall not have exclusive rights for catering contracts or events for FMA, and the Authority has no responsibility to notify the Contractor(s) of such events.

The Contractor(s) will have the right to seek and bid on other catering contracts for events sponsored by the FMA.

3. The Contractor(s) shall be responsible for food spoilage and any refunds due to patrons.

4. The Contractor(s) shall comply with all laws and regulations regarding accessibility standards.

5. The Contractor(s) shall maintain sufficient depth of inventory of food and beverage to satisfy reasonable anticipated sales demand.

6. Locations and operating hours for Mobile Vendors will be predetermined and assigned by the FMA. The Contractor(s) shall operate only on the date(s) and during designate hours and only at the locations specified by the Authority. Contractor(s) shall not block paths of ingress or egress including sidewalks, streets or access roads.

7. Use of loudspeakers or amplified sound is not permitted except in cases of an emergency for the intended purpose of attracting help.

C. PERMITS AND REGISTRATION FEES

1. All Mobile Vendors conducting business at Fort Monroe must obtain a Permit from the FMA. Mobile Vendors are not permitted to conduct business at Fort Monroe without a Permit.

2. Permits will be issued for a specific date(s), locations and/or period of time. Multiple permits may be issued for a single event, date or period of time.

3. Permits will be issued to a specific Vendor/Business and are nontransferable to other Mobile Vendors. However, a single permit may be applicable to multiple trucks/carts operated under the same ownership at the discretion of the Authority.

4. Permits are nonrefundable. Refunds will not be issued in the event of inclement weather.

5. Permit fees are $50.00 per event except Music By the Bay permit fee is $35.00.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. GENERAL INSTRUCTIONS

1. RFP RESPONSE

To be considered for selec�on, Offerors must submit a completed response to the RFP.

Failure to provide the requested informa�on may be grounds for rejec�on of the proposal.

One (1) electronic proposal shall be submited through eVA as a SINGLE PDF FILE. No other distribu�on of the proposal shall be made by the Offeror.

2. PROPOSAL PREPARATION

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

b. Proposals shall 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.

c. DELETED

d. 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.

e. All documentation submitted with the proposal should be contained in that single pdf file.

f. Ownership of all data, materials, and documentation originated and prepared for the FMA pursuant to the RFP shall belong exclusively to the FMA 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.

3. ORAL PRESENTATION

Offerors who submit a proposal in response to this RFP may be required to give an oral presenta�on of their proposal to the FMA. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explana�on session only and does not include nego�a�on. The issuing agency will schedule the �me and loca�on of these presenta�ons. Oral presenta�ons are an op�on of the purchasing agency and may or may not be conducted.

B. SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be as thorough and detailed as possible so that the FMA may properly evaluate the Offeror’s capabili�es to provide the required Scope of Services. Offerors are required to submit the following items as a complete proposal.

Proposals shall be submited through eVA as a single pdf document. Documents or forms not requested below shall not be included and will not be accepted nor considered. Do not modify the required forms. Failure to submit the forms as instructed may be grounds for rejec�on of the proposal.

• Return the RFP submittal sheet Attachment A, and all addenda acknowledgments, if any, signed and filled out as required.

• 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 using Attachment B.

• State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or Title 50 using Attachment C.

• Complete Attachment D, Offeror Qualifications Form, in accordance with the following instructions:

1. SUMMARY OF QUALIFICATIONS

Provide a writen Summary of Qualifica�ons to include a descrip�on of the offeror’s capabili�es and number of years in business. Provide detailed descrip�ons and proven success with similar contracts, including demonstrated experience providing Food Truck Services at events serving over 500 patrons.

2. EQUIPMENT SPECIFICATIONS

Provide Food Truck specifica�ons including length of food trailer. Include specifica�ons for all other equipment that is a part of your opera�on i.e., grill, fryer, microwave, refrigera�on, generator, etc.

3. SAMPLE MENU

Include a sample of your current menu and pricing. List a minimum of five (5) items that will be offered for sale including the price for each item. Sample menu shall include a variety of items.

4. REFERENCES

Provide name and current contact informa�on for three (3) references from similar contracts. Include a narra�ve statement for each reference describing the scope, size and type of services provided, the dates the services were furnished, and the name, address, email address, and telephone number of the individual responsible for the contract.

Offerors shall confirm the contact person provided for each reference is s�ll employed with the firm listed. Failure to provide valid contact informa�on for references may be grounds for rejec�on of the proposal.

5. ADDITIONAL INFORMATION

Include any relevant informa�on that has not been provided elsewhere in the space provided. No addi�onal sheets shall be atached for this purpose.

6. DATES AVAILABLE

Confirm your availability for known scheduled events.

7. DOCUMENTS

Provide copies of current permits, licenses and insurance including:

• City of Hampton Business License

• Virginia Department of Health Certificate

• Virginia Department of Health mobile vendor sticker

• Proof of liability insurance.

Legible copies of documents shall be included in the single pdf file.

V. EVALUATION AND AWARD CRITERIA:

A. EVALUATION CRITERIA

Proposals will be evaluated using the following criteria:

B. AWARD OF CONTRACT:

AWARD TO MULTIPLE OFFERORS: Selec�on shall be made of two or more offerors deemed to be fully qualified and best suited among those submi�ng proposals on the basis of the evalua�on factors included in the Request for Proposals, including price, if so stated in the Request for

Criteria Maximum Point

Value

Qualifications and Prior Experience 25

Quality, Variety and Price of Menu Options 35

Quality and Completeness of Proposal 10

References 10

Participation of SWaM Businesses 20

TOTAL 100

Proposals. Nego�a�ons shall be conducted with the offerors so selected. The offeror shall state any excep�on to any contractual terms or condi�ons, including any liability provisions contained in the Request for Proposal in wri�ng at the �me of responding to such Request for Proposal if so requested by the FMA. Such excep�ons shall be considered during nego�a�on but shall not be used as a basis for scoring or evalua�ng which offerors are selected for nego�a�ons. Price shall be considered, but need not be the sole determining factor. A�er nego�a�ons have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The FMA reserves the right to make mul�ple awards as a result of this solicita�on. The FMA may cancel this Request for Proposals or reject proposals at any �me prior to an award, and is not required to furnish a statement of the reasons why a par�cular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the FMA determine in wri�ng and in its sole discre�on that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under considera�on, a contract may be nego�ated and awarded to that offeror. The award document will be a contract incorpora�ng by reference all the requirements, terms and condi�ons of the solicita�on and the contractor’s proposal as nego�ated.

VI. PREPROPOSAL CONFERENCE:

NO Preproposal Conference will be held.

Questions shall be submitted in writing using Attachment E herein.

VII. 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 FMA 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/proposals), (bidders/offerors) certify to the FMA 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 https://eva.virginia.gov/index.html on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are 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 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/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: 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.

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 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 may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the FMA reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the 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:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submited 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 iden�fica�on number (for proprietorships, partnerships, and corpora�ons).

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

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

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

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

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

(2) To no�fy the agency and the subcontractor(s), in wri�ng, of the contractor’s inten�on to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the FMA, 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-�er contractor performing under the primary contract. A contractor’s obliga�on to pay an interest charge to a subcontractor may not be construed to be an obliga�on of the FMA.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condi�on to the award, shall deliver to the contrac�ng agency or ins�tu�on, on or before request for final payment, evidence and cer�fica�on of compliance (subject only to insubstan�al shor�alls and to shor�alls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in ques�on may be withheld un�l such cer�fica�on is delivered and, if necessary, confirmed by the agency or ins�tu�on, or other appropriate penal�es 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 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 FMA 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 FMA all such information and data for this purpose as may be requested. The FMA reserves the right to inspect the offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The FMA further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the FMA 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 FMA 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 FMA.

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:

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 Purchasing Agency’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 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 FMA may terminate this agreement after verbal or written notice without penalty.

Upon termination the FMA 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 FMA may have.

Q. INSURANCE: By signing and submitting a bid or 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.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensa�on - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to no�fy the FMA of increases in the number of employees that change their workers’ compensa�on 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 adver�sing injury, products and completed opera�ons coverage. The Commonwealth of Virginia shall be added as an addi�onal 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 FMA 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.)

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 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, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that 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. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal 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 by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the proposal being rejected.

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

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

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. 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 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.

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

W. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside…