UIFB 156-25-124 Fire Extingisher Inspections and Related Services_Fillable.pdf

156-25-124 Fire Extinguisher Inspections and Related Services

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF STATE POLICE

Unsealed Invitation for Bid (UIFB)

UIFB#: 156-25-124

Title: Fire Extinguisher Inspections and Related Services

Commodity Code: 93634- Fire Extinguisher Maintenance and Repair

Issuing Agency: Department of Virginia State Police PO Box 27472 Richmond, VA 23261-7472 ATTN: Elizabeth Menc / Procurement

Period Of Performance: From Date of Award for a period of (1) one year (Renewable)

Unsealed Sealed Bids Will Be Received Until: 10:00 AM, EST. on March 4, 2025, for furnishing the services described herein.

All Inquiries for Information Should Be Directed to: Elizabeth Menc at elizabeth.menc@vsp.virginia.gov

In compliance with this Unsealed Invitation for Bids (UIFB) and all conditions imposed in this UIFB, the undersigned firm hereby offers and agrees to furnish all goods and/or services required by this UIFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

eVA Vendor ID or DUNS #:

Business Name Business/Office Phone Number

Address (line 1) Mobile Number

Address (line 2) Fax Number

City, State, and Zip Code Email Address

Signature (In Ink) Date

Printed Name Title

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 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.e 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.

Important Information/Bid Requirements

1. Any bid which does not include pricing for every item in a single lot shall be deemed nonresponsive. Entering “N/A” or a blank line-item bid price shall be considered nonresponsive.

2. For the purpose of this solicitation, each firm receiving this UIFB is referred to as the “bidder” and the bidder awarded the contract to supply the goods is referred to as a “Contractor or “Supplier”. The Virginia State Police, is hereinafter known as “the purchasing agency”, “VSP”, “Owner “, and/or the “Department.”

3. Required Forms/Documents

a. All bidders must include the following items attached to their eVA Bid:

a. Acknowledgement of any/all addendum(s),

b. Warranty Information (see Special Terms and Conditions),

c. Attachment A- Vendor Data Sheet.

If these forms are not completed in full and submitted as specified herein, the bid may be found nonresponsive.

4. Bid Submission- Electronic Required

It is the responsibility of the bidder to ensure that its bid(s) is/are delivered to the correct delivery address/location by the due date and time. VSP is not responsible for any bid(s) not delivered by the due date and time. Late bids will not be considered for award.

a. Electronic Bid Submission

a. Electronic bid submission, with required documents attached, is preferred, and strongly encouraged. Bidders must be registered in eVA to submit an electronic or paper bid. The following provides information/instructions on reviewing and responding to solicitations in the new eVA platform.

1. Go to https://eva.virginia.gov

2. Click on “I Sell to Virginia”

3. Click on “eVA Supplier Training”; and

4. Click on “Viewing and Responding to Solicitations Video”

b. If a bidder requires assistance submitting an electronic response, the bidder should contact eVA Customer Care at eVACustomerCare@dgs.virginia.gov sufficiently prior to the closing date and time to allow for error(s)

c. If this is your first time submitting an electronic bid, it is strongly suggested that you click on the eVA training module(s). You are encouraged to do this in advance of the required submission time for possible assistance from eVA customer care.

https://eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

Table of Contents

Section Page

I. PURPOSE 4

II. SCOPE OF WORK/ SPECIFICATIONS 4

III. GENERAL TERMS AND CONDITIONS 9

IV. SPECIAL TERMS AND CONDITIONS 18

V. METHOD OF PAYMENT 24

VI. PRICING SCHEUDLE 25

VII. ATTACHMENTS

• Attachment A- Vendor Data Sheet 36

I. Purpose:

The Virginia State Police (herein referred to as “VSP”) is soliciting bids from qualified bidders to establish a term contract with one (1) qualified contractor to provide annual fire extinguisher inspections and related services at multiple VSP locations per the specifications, terms, and conditions listed herein. The contract period shall be for one (1) year with the start date beginning at the time of award, with four (4) optional one-year renewal periods. This solicitation will be awarded on a grand total basis (see award clause for further information).

II. Scope of Work/Specifications:

A. The contractor shall furnish all labor, equipment, supervision, tools, and necessary supplies to conduct annual inspections, maintenance, testing, and repairs to VSP owned fire extinguishers in accordance with the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.157, the National Fire Protection Associations (NFPA) 10 Standard for Portable Fire Extinguishers, and any local and state authorities having jurisdiction (AHJ). The work shall consist of annual maintenance inspections, six (6) year maintenance and recharge, 12-year hydrostatic testing, and repairs on an as needed basis approved by the VSP Contract Administrator, or designee.

B. The contractor shall have and maintain all necessary licenses and/or permits required to perform work under this contract.

C. The contractor shall contact the VSP Contract Administrator(s) to schedule inspection and maintenance services. All appointments shall be scheduled at least 48 hours in advance to ensure access to each location.

D. The contractor shall provide fully trained personnel who are a certified fire extinguisher inspector and possessing at least three years' experience in maintenance, repair, and inspection of similar equipment found at each VSP location. Personnel shall be licensed to work in the Commonwealth of Virginia. The contractor shall furnish the technicians’ experience information and/or certifications upon request. VSP reserves the right to reject service personnel whom, in VSP’s sole discretion, are not adequately qualified to perform the work described herein.

E. All inspections, testing, and recharging services shall be conducted on-site, if possible. The contractor shall not remove any fire extinguishers from the VSP location without prior authorization from the VSP Contract Administrator.

F. The contractor shall be responsible for all incidental charges including, but not limited to, parking, tolls, mileage, phone calls, truck charges, vehicle fuel and surcharges, etc. VSP will not pay for any such charges.

G. The contractor shall be responsible for ensuring that all materials used comply with all applicable laws, ordinances, rules, regulations, and codes and are compatible with pre-existing materials and equipment.

H. Extinguisher Labeling: The contractor shall ensure that each fire extinguisher has a four (4) year inspection tag that is securely attached to the fire extinguisher outlining the following information:

1. Date the fire extinguisher was placed in service,

2. Date of the annual inspection and the person and company conducting inspection services,

3. Date repairs were performed and the person and company conducting repairs,

4. Date hydrostatic testing was performed and the person and company conducting testing,

5. Date of the six (6) year maintenance and recharge and the person and company conducting maintenance,

6. The fire extinguisher serial number.

I. Annual Maintenance Inspections: The contractor shall ensure that all fire extinguishers are inspected and tagged prior to the current inspection expiration date. Annual maintenance inspections shall include a thorough examination of the three (3) basic elements of a fire extinguisher, the mechanical parts, the extinguishing agent, and the expelling means. The annual maintenance inspection shall include the following:

1. A detailed inspection of the shell to ensure there are no physical defects such as corrosion, dents, leaks, etc.,

2. An inspection of the discharge orifice to ensure it is clear and unobstructed,

3. An inspection to ensure that the extinguisher has been charged and hydrostatically tested within the prescribed period and tagged to show the date, person, and company performing such services,

4. An inspection to ensure the cap (if any) and the connections between the hose, shell, and nozzle are secure, not cross threaded, and not corroded,

5. An inspection to ensure the fire extinguisher has not suffered a loss of pressure or extinguishing agent.

J. Six (6) Year Maintenance Inspections: The contractor shall ensure that all fire extinguishers are inspected and tagged prior to the current expiration date. The cost of the extinguishing agent shall be included in the bid price for the six (6) year inspection. Any replacement parts shall be billed at cost.

The six (6) year maintenance inspections shall include a thorough examination of the three (3) basic elements of a fire extinguisher, the mechanical parts, the extinguishing agent, and the expelling means. The six (6) year maintenance inspection shall include the following:

1. A detailed inspection of the shell to ensure there are no physical defects such as corrosion, dents, leaks, etc.,

2. An inspection of the discharge orifice to ensure it is clear and unobstructed,

3. An internal inspection of the shell,

4. Replacement of the extinguishing agent in each fire extinguisher,

5. Replacement of any worn, missing, or damaged parts,

6. An inspection to ensure that the extinguisher has been charged and hydrostatically tested within the prescribed period and tagged to show the date, person, and company performing such services,

7. An inspection to ensure the cap (if any) and the connections between the hose, shell, and nozzle are secure, not cross threaded, and not corroded.

K. Hydrostatic Testing: Hydrostatic testing shall be conducted in accordance with the schedules established by the NFPA and as requested by the VSP Contract Administrator. A record of the testing for each fire extinguisher must include the following:

1. Date of testing,

2. The fire extinguisher serial number,

3. Test pressure,

4. Name of the person and company conducting the inspection.

L. Repairs: The following requirements apply to repairs of fire extinguishers:

1. The contractor shall prepare and submit to the VSP Contract Administrator, a written estimate of the labor and materials for prior approval, which shall be required to perform repairs. Such repairs shall be made only with VSP’s written authorization. The estimates prepared for repairs shall utilize the bid hourly rate with materials shown at the contractor’s actual cost. If repair parts are from pulled from the contractor’s existing stock, and not purchased specifically for VSP, the contractor may bill the market cost for those items.

VSP reserves the right to request the contractor’s paid invoices for materials used for repairs.

2. In the event a fire extinguisher requires recharging other than those required during the six

(6) year inspection, the recharge shall be performed on a Time & Materials basis at the hourly rate listed in the contract, with materials provided at cost.

3. In the event a recharge is required off-site, the contractor shall notify the VSP Contract

Administrator of the date and time for the return of the fire extinguisher but shall be no longer than two weeks. Under these circumstances, the contractor shall provide a loaner fire extinguisher equivalent to the one being removed from the VSP location.

4. VSP reserves the right to make or obtain other repair estimates prior to authorizing the contractor to proceed in order to comply with requirements of State regulations to determine price reasonableness. If the cost or hours estimated is considered unreasonable, the contractor will be asked to review their estimate and resubmit. If the revised estimate is still considered unreasonable, VSP reserves the right to obtain the repairs from another source.

Note: Replacement fire extinguishers do not fall within the scope of this contract unless a release is requested and approved from/by the Virginia Mandatory Source for fire extinguishers.

M. Reporting: The contractor shall provide a report of each inspection to the VSP Contract

Administrator within five (5) business days of any inspections or services. The report shall include the following:

1. Date report was generated,

2. The serial number of the fire extinguisher(s) inspected or serviced,

3. The year the fire extinguisher(s) were manufactured,

4. Date inspection or service was performed,

5. Type of inspection, testing, or repair,

6. Condition comment (expired, requires recharge, good, repair needed, etc.),

7. A summary of repairs, if performed.

The contractor shall notify the VSP Contract Administrator of any out-of-date or unrepairable fire extinguishers found during inspection. The contractor shall remove and dispose of any unusable fire extinguishers after VSP has obtained a replacement.

N. Disposal: The contractor shall be responsible for disposal of any fire extinguishers that are unrepairable, out of service, or fail inspection, at the request of the VSP Contract Administrator.

Units requiring disposal shall be pick up during the time of inspections or as requested by the VSP Contract Administrator. The disposal rate shall be all inclusive and for any size and class of extinguisher.

O. Working Hours and Locations:

1. Normal work hours for VSP facilities are from 8:00am to 5:00pm, Monday through Friday, except for State holidays as decreed by the Governor. All services shall be scheduled with the VSP Contract Administrator at least 48 hours in advance and conducted during normal working hours, unless otherwise approved by the VSP Contract Administrator.

2. The contractor(s) shall inspect all fire extinguishers located at each address listed below:

Location Name Address Division 1 HQ 2434 Pine Forest Dr, Colonial Heights, VA 23834 Division 2 HQ 15148 State Police Rd, Culpeper, VA 22701 Division 3 HQ 240 Third Division Loop, Appomattox, VA 24522 Division 4 HQ 1186 E. Lee Hwy, Wytheville, VA 24382 Division 5 HQ 7511 Burbage Dr, Suffolk, VA 23435 Division 6 HQ 3775 W. Main St, Salem, VA 24153 Division 7 HQ 4977 Alliance Dr, Fairfax, VA 22030 VSPHQ 7700 Midlothian Tpke, North Chesterfield, VA 23235 Driver Training Complex 1875 Ridge Rd, Blackstone, VA 23824 Aviation HQ 7521 Airfield Drive, North Chesterfield, VA 23237

3. During the duration of the contract, VSP reserves the right to remove locations that are no longer occupied by VSP. Additional locations can be added to the contract, should both parties agree in writing to modify the scope of the contract (see General Term and Condition O. for further information on changes to the contract).

P. Contractor’s General Procedures and Responsibilies:

1. The contractor’s employees shall be instructed that any time work is performed under this contract; they shall comply with the following procedures:

a. When work is to be performed on a time and material basis, the contract administrator shall require a log/verification of hours worked and materials used. Lunch breaks and other period of time away from the job site shall not be billed.

b. Check in and out daily with the VSP Contract Administrator or designee.

c. Only productive on-site labor hours shall be paid under this contract. Time spent for preparation of estimates, travel time, material acquisition, handling/delivery of equipment, etc. is not chargeable.

2. The contractor shall be responsible for providing the appropriate tools, equipment, and skilled personnel required to accomplish the work and for adequately supervising personnel during the performance of tasks to assure that work is accomplished in compliance with all applicable laws, ordinances, rules, regulations, and codes issued during the contract period.

Q. Additional Responsibilities:

1. VSP Contract Administrator:

a. The VSP Service location will have an assigned designee as the Contract Administrator

(CA). The VSP CA does not have the authority to approve changes in this Scope of Work/Specifications, changes which call for an extension time, or changes in the contract terms or pricing. Any contract modifications must be authorized by the Contract Officer and by a written contract modification and a properly executed change order to the purchase order.

b. The VSP CA will meet quarterly/as needed with the Contractor to discuss quality of performance and the Contractor’s attainment, or lack thereof, of the required level of service.

c. The VSP CA will make inspections of the work conducted after scheduled services have been completed. Any discrepancies noted shall be recorded in writing, along with the time and date of the inspection. A list of minor deficiencies will be sent to the Contractor on a weekly basis and discussed as needed. The VSP CA should notify the Contractor and Contract Officer of any major deficiencies on the day of discovery.

d. The VSP CA will use reasonable and prudent judgement in determining what a minor or major discrepancy is. Frequent recurring minor discrepancies which are reported to the Contractor without corrective action taken and/or discrepancies which significantly affect the equipment. If any service performed was reported to the Contractor as a major discrepancy, and not immediately scheduled to be corrected by the Contractor, the Contractor may be found in default of the contract. No negotiations shall be made for poor contract performance.

2. Contractor:

a. The Contractor shall meet as needed with the VSP CA for communication, scheduling, and quality control. Such meetings shall be arranged between the VSP CA and the Contractor.

b. The Contractor shall implement corrective action to prevent reoccurrence of the minor discrepancies. Action taken shall be conveyed to the VSP CA in writing.

c. The Contractor shall take immediate corrective action on any major discrepancy reported to the Contractor by VSP. Such corrective action shall be at no additional cost to VSP.

d. The Contractor’s Supervisor shall be responsible for the conduct and performance of the Contractor’s employees and compliance with the following rules:

1) Contactor’s employees appearing to be under the influence of alcohol or drugs shall not be permitted on VSP property.

2) No loud or boisterous conduct will be permitted.

3) Contractor’s employees shall not use or tamper with office machines, equipment, and/or VSP employees’ personal property at any time.

4) Contractor’s employees shall not use VSP telephones for personal use at any time.

5) VSP reserves the right to request the removal of any of the Contractor’s employees at any time for reasonable cause. The Contractor or designated Supervisor shall have such employees leave VSP premises upon receipt of such request.

6) The Contractor shall employ enough experienced personnel to adequately perform all the specified services at the frequency and standard specified herein.

7) All VSP facilities are “Smoke-Free.” No use of tobacco products will be permitted on VSP property except for designated areas for such activities.

R. Security:

The Contractor shall comply with the following VSP Security Policies and Procedures and may be subject to security inspections:

1. The Contractor and its personnel are subject to VSP’s background check. The Contractor and its employee must not have a criminal history and must be insured in accordance with General Term and Condition T, “Insurance,” below. Upon contract award, a VSP Form SP-3C “Authorization for Release of Information” must be completed (at no cost to the Contractor) for each Contractor Personnel assigned to any VSP facility. No one will be permitted to work at a VSP location unless/until approved by VSP upon completion of the background check.

2. The Contractor’s personnel shall not be under the influence of marijuana during the performance of services under any resultant contract.

3. The Contractor’s personnel shall maintain a professional appearance and should wear a uniform/clothing that displays the Contractor’s logo. A worn/visible photo identification card which displays the Contractor’s logo is acceptable in lieu of a uniform. Fitted closed toe shoes must be worn while in the installation facility. Shorts of reasonable length are permitted during the warmer spring and summer months. Long pants are permitted during the fall and winter months.

4. Do not attempt to access a locked or secured area unless specifically authorized to do so;

any such access shall be with VSP escort.

III. General Terms and Conditions:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of

Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section

7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at eva.virginia.gov under “I Sell to Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over

$10,000: By entering into a written contract with the Commonwealth of Virginia, the contractor certifies that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder 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 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 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 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) 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 the

Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

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

A. 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 BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

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

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

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 Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 5473-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation.

This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

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

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or 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 bidder 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’ Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

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

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

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

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

V. 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.

W. 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 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.

X. 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 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:

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.

Y. 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.

Z. 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 Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or nonstock 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.

CC. 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)…