Spec Terms and Conditions - Maid Services SMR Lodging.pdf

SPECIAL TERMS AND CONDITIONS

GOODS AND NONPROFESSIONAL SERVICES

1. 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 agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD OF CONTRACT:

AWARD: The Commonwealth will make the award(s) on GRAND TOTAL basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

3. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in ONE Purchase Order with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

5. RENEWAL OF CONTRACT: The contract may be renewed by the Commonwealth for 1 successive one-year periods under the terms and conditions of the original contract except as stated in 1 and 2 below. Price increase may be negotiated only at the time of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

1. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increase/decrease by more than the percentage increase/decrease of the Domestic Services category of the CPU-U of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the preview renewal period increase/decrease by more than the percentage increase/decrease of the Domestic Services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

6. ASBESTOS - OMITTED

7. AS-BUILT DRAWING - OMITTED

8. ADDITIONAL USERS- OMITTED

9. BEST AND FINAL OFFER - OMITTED

10. BID ACCEPTANCE PERIOD: Bids will not be accepted until after mandatory site visit. Any bid in response to this http://www.eva.virginia.gov/ mailto:eVA-catalog-manager@dgs.virginia.gov solicitation shall be valid for 60 days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

11. BID BOND OR GUARANTEE - OMITTED

12. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

13. BLANKET FIDELITY BOND - OMITTED

14. CERTIFICATION OF MEAT PRODUCTS - OMITTED

15. CERTIFIED TEST REPORT – OMITTED

16. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT - OMITTED

17. CONTRACTOR REGISTRATION - OMITTED

18. CONTRACTOR’S TITLE TO MATERIALS - OMITTED

19. DELIVERY - OMITTED

20. DELIVERY AND STORAGE - OMITTED

21. DELIVERY NOTIFICATION - OMITTED

22. DISCOUNTS - OMITTED

23. EXTRA CHARGES NOT ALLOWED - OMITTED

24. FINAL INSPECTION - OMITTED

25. FLAME RETARDANT CERTIFICATE - OMITTED

26. IDENTIFICATION OF BID/PROPOSAL ENVELOPE - OMITTED

27. INDEMNIFICATION - OMITTED

28. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

29. INSTALLATION - OMITTED

30. INSURANCE, MONEY AND SECURITIES - OMITTED

31. LABELING OF HAZARDOUS SUBSTANCES - OMITTED

32. LIMITATION OF LIABILITY - OMITTED

33. LIQUIDATED DAMAGES - OMITTED

34. MAINTENANCE MANUALS - OMITTED

35. SAFETY DATA SHEETS - OMITTED

36. SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN, EVIDENCE OF COMPLIANCE WITH

SMALL BUSINESS SUBCONTRACTING PLAN, AND SUBCONTRACTOR REPORTING - OMITTED

37. NAME OF MANUFACTURER AND SHIPPING POINT - OMITTED

38. NEGOTIATION WITH THE LOWEST BIDDER - OMITTED

39. ORDERING IPTION – OMITTED

40. PERFORMANCE AND PAYMENT BONDS - OMITTED

41. OPTIONAL PREBID CONFERENCE. An Optional Prebid Conference will be held at held at 1:00PM on May 16, 2024 at the State Military Reservation, Headquarters Ave. Virginia Beach, VA in Building # 448’s conference room.

The purpose of this conference is to allow potential bidders/offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Security will require your name(s) and your company name prior to granting access to the State Military Reservation. While attendance at this conference will not be a perquisite to submitting a bid/proposal, bidders/offerors who intend to submit a bid/proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

42. PREVENTIVE MAINTENANCE - OMITTED

43. PRICE ESCALATION/DE-ESCALATION - OMITTED

44. PRIME CONTRACTOR RESPONSIBILITES - OMITTED

45. PRINTING - OMITTED

46. PRINTING DEFINITIONS - OMITTED

47. PRODUCT INFORMATION - OMITTED

48. QUANTITIES - OMITTED

49. RECYCLED PAPER - OMITTED

50. REFERENCES - OMITTED

51. SECRITY LICENSE - OMITTED

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

53. USE OF RECYCLED MATERIALS – OMITTED

54. WARRANTY - OMITTED

55. WARRANTY (COMMERCIAL) - OMITTED

56. WORK SITE DAMAGES: Any damages to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense.

57. WORK ESTIMATED (TIME AND MATERIAL CONTRACTS) - OMITTED

58. EMPLOYMENT SERVICES ORGANIZATIONS (ESO) - OMITTED

59. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

60. CONTINUITY OF SERVICES:

a.) The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees:

(i) To exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.

(ii) To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

(iii) That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

b.) The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.

c.) The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out cost (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out fees must be approved by the Contract Officer in writing prior to commencement of said work.

61. PRODUCT AVAILABILITY/SUBSTITUTION - OMITTED

62. STATE CORPORATION COMMISION IDENTIFICATION NUMBER - OMITTED

63. E-VERIFY PROGRAM: EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

64. EMERGENCY EVENT PRICING - OMITTED

65. CERTIFICATION OF INTERNAL CONTROLS - OMITTED

66. FEDERALLY IMPOSED TARIFFS - OMITTED

67. ENERGY-EFFICIENT AND WATER -EFFICIENT GOODS - OMITTED

68. PLASTIC MATERIALS - OMITTED

69. PERSONAL PROTECTIVE EQUIPMENT - OMITTED