UIFB 156-27-002 Janitorial AO41 Bedford 3-DAY FORM FILLABLE.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF STATE POLICE

Unsealed Invitation For Bids (UIFB)

UIFB # 156-27-002

Title: Janitorial Services at VSP Area Office 41 Bedford

Commodity Code: 91039 – Janitorial/Custodial Services

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

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

Unsealed Bids Will Be Received Until: Wednesday, July 8, 2026, at 11 AM EST For furnishing the services described herein. (See Section III for Mandatory Site Visit). DO

NOT SUBMIT YOUR RESPONSE WITHOUT THE

COMPLETED, VERIFIED, AND SIGNED MANDATORY

SITE VISIT FORM.

All Inquiries for Information Should Be Directed via email to: Tina Burke at Tina.Burke@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 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, veteran status, status of a military family, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Important Information/Bid Requirements

1. Any bid which does not include pricing for every item/line requested 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:

i. Attachment A - Vendor Data Sheet

ii. Attachment B – State Corporation Commission (SCC) form

iii. Attachment F – Certification of Site Visit

iv. Acknowledgement of any/all addendum(s)

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

b. Paper bids must also include the following documents, in addition to the items listed in a.

above. (bids submitted electronically in eVA do not need to include):

i. Page one (1) of this solicitation, signed.

ii. Section VII, Pricing Schedule

4. Bid Submission – Electronic Preferred

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 opened and will be retained unopened in the procurement file.

a. Electronic Bid Submission – Preferred Method

i. Electronic bid submission, with required documents attached, is preferred and strongly encouraged. Bidders must be registered in eVA in order to submit an electronic or paper bid. The following provides information/instruction 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”.

ii. 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).

iii. 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.

b. Paper Bid Submission Address/Instructions

i. Express Delivery Service: Bidder shall send their bid to:

Virginia Department of State Police, Property & Finance Division, Attn: Tina Burke, Procurement Office, UIFB # 156-27-002 7700 Midlothian Turnpike, N. Chesterfield, VA 23235-5226

Bidders must allow ample time for processing and delivery.

ii. U.S. Postal Service: Bidder shall mail their bid to:

Virginia Department of State Police, Property & Finance Division, Attn: Tina Burke, Procurement Office, UIFB # 156-27-002 P.O. Box 27472 Richmond, VA 23261-7472

Bidders must allow ample time for processing and delivery.

iii. Hand-Delivered/Courier: Bidder shall hand deliver their bid to:

Virginia Department of State Police, Procurement Office, Berkley Building Attn: Tina Burke, Procurement Office, UIFB # 156-27-002 7700 Midlothian Turnpike, N. Chesterfield, VA 23235-5226

Bidders must allow ample time to deliver their bid to VSP’s receptionist. This area/window is used by the general public for many services that are provided by VSP, and there is sometimes a line waiting for the receptionist. VSP is not responsible for any bidders who are in line but have not gotten to the receptionist’s window by the due date and time, and any such bids are considered late and will not be considered.

5. Public Bid Opening: None

Table of Contents

I. PURPOSE . . . . . . . Page 5

II. SCOPE OF WORK/SPECIFICATIONS . . . . . Page 5

III. MANDATORY SITE VISIT. . . . . . . Page 11

IV. GENERAL TERMS AND CONDITIONS. . . . . . Page 12

V. SPECIAL TERMS AND CONDITIONS. . . . . . Page 20

VI. METHOD OF PAYMENT . . . . . . . Page 25

VII. PRICING SCHEDULES . . . . . . . Page 26

VIII. ATTACHMENTS

A. Vendor Data Sheet . . . . . . . Page 27

B. State Corporation Commission Form. . . . . Page 28

C. Cleaning Schedule . . . . . . . Page 29

D. Janitorial Services Sign In/Sign Out Sheet. . . . . Page 30

E. Criminal History Record Name Search Request and

Fingerprinting Procedure Page 31

F. Certification of Site Visit. . . . . . Page 32

I. PURPOSE:

The purpose of this Unsealed Invitation For Bids (UIFB) is to solicit unsealed bids whereby a term contract may be established with one qualified firm for furnishing comprehensive Janitorial Services for VSP Area Office 41 – Bedford, located at 874 Blue Ridge Avenue, Bedford, VA 24523-0016.

II. SCOPE OF WORK/SPECIFICATIONS: The Contractor shall be responsible for providing and/or complying with the following, at a minimum:

A. The Contractor shall provide all labor, supervision, equipment, supplies, materials, tools, incidentals, and anything else required to clean the VSP location(s) listed above, except for the following items which are provided by VSP: rolled paper towels, tri-fold paper towels, plastic trash can liners, toilet tissue and hand soap. VSP will not furnish any equipment or cleaning supplies.

B. Service Schedule:

1. Reference ATTACHMENT C for the cleaning schedule.

2. Services shall be provided THREE (3) days per week, Monday through Friday.

3. Services shall be provided between the hours of 9:00 A.M. and 4:00 P.M. Cleaning hours shall not exceed 4:00 P.M.

4. No changes to any resultant contract (including the schedules listed herein) are permitted without a formal contract change between the Contractor and the VSP Contract Officer.

5. Special/Emergency cleaning services shall be provided on an as-needed, as-ordered basis for all locations.

6. State Holidays/Inclement Weather: VSP offices are closed on state observed holidays, which are subject to change as the Governor decrees. The Contractor shall make every reasonable effort to provide janitorial services during inclement weather. Only with the consent and approval of the VSP CA will the Contractor be allowed to provide rescheduled janitorial services (over a weekend or holiday), which shall be at no additional charge to VSP.

7. Days Not Worked: If the Contractor does not provide the services described herein for one or more days (e.g., holidays, inclement weather, periods of shutdown, cancellation by VSP, or the Contractor’s failure to perform), the Contractor’s monthly invoice shall be reduced by an amount equal to the value of the days not worked.

C. Level of Service: The Contractor shall provide a level of cleaning that, at a minimum, is equal to standards defined by BSCAI - Building Service Contractors Association International www.bscai.org/ for “adequate” cleaning. “Adequate” shall be defined as a cleaning standard that will provide neither serious nor recurring criticism.

D. Contractor Furnished Equipment and Supplies

1. Equipment: Limited space will be provided at the VSP site(s) for all equipment supplied by the Contractor, which should remain on the job site throughout the life of the contract.

At a minimum, a vacuum cleaner must be kept at the VSP site and be available to VSP employees at all times. All equipment must be in good operating condition, properly maintained, OSHA-certified and/or meet all “OSHA requirements (as applicable), and in sufficient quantities to adequately perform all services.

http://www.bscai.org/

2. Supplies: The Contractor shall furnish and maintain adequate stock of all cleaning supplies and solutions in their original marked containers.

E. Emergency/Special Cleaning

Occasionally, an emergency or special situation arises which warrants cleaning that falls outside the janitorial services otherwise described herein. In such event, VSP will request a detailed job estimate from the Contractor; any such estimate must include the anticipated number of labor hours required to complete the task(s) and an anticipated schedule to complete the task(s), as applicable.

The hourly labor rate listed in the Pricing Schedule(s) shall be per employee, and shall be inclusive of all supervision, supplies, equipment, incidentals, and anything else which is included as part of janitorial services otherwise described herein. Any specialized equipment or supplies which may be required under this section may be reimbursed at cost (receipts must be provided with the invoice), upon VSP approval of the detailed job estimate.

VSP will review any such job estimate and, in its sole discretion, determine whether the estimate is reasonable. If approved, the VSP CA will notify the Contractor that the estimate is approved, and then the work will be scheduled.

Note: VSP reserves the right to obtain estimates from alternate sources.

F. Technical / Performance Standards

The Contractor must ensure that all services performed under any contract resulting from this solicitation comply with the performance standards stated herein and are performed in accordance with the attached cleaning schedule(s). The Virginia Department of State Police will utilize these standards to determine whether an adequate level of service has been achieved. These standards shall apply to all offices, hallways, stairwells, lounges, entrances, meeting rooms, or any other area not specifically mentioned.

1. Horizontal Surfaces: All horizontal surfaces shall be cleaned and polished to ensure removal of all dust, marks, spills, spots, streaks, and residues. The Contractor shall ensure that all dust and debris is removed and not scattered. The Contractor is not permitted to use feather dusters. The Contractor shall not dust/clean computer terminals, microfiche viewers, or other similar screens.

2. Floors: The Contractor shall ensure that after mopping or vacuuming, no floor, either carpeted or non-carpeted, shall show dirt, dust, or debris behind or under furniture, pipes, benches, worktables, doors, corners, or any other object which is not installed or securely fastened in place.

a) Carpeted Floors: The Contractor shall clean all carpeted floors so that there is no dust, dirt, debris, spills, spots, etc., in accordance with the cleaning schedule.

Carpeting shall be free of noticeable spots after spot cleaning.

b) Non-Carpeted Floors: The Contractor shall sweep/vacuum, buff, strip, and refinish all non-carpeted floors in accordance with the cleaning schedule and the following specifications:

(1) Sweep/vacuum all floors free of dirt and other litter, then mop to ensure there is no dust, dirt, spills, spots, or streaks.

(2) Buff floors so they are free of streaks and marks.

(3) Strip floors free of marks, dirt, and wax build-up.

(4) Three (3) thin coats of floor finish shall be applied when refinishing.

Floors shall be covered with non-buffing slip resistant sealer after sealing. Floors shall be covered with slip resistant floor finish after either spray buffing or refinishing.

3. Vertical Surfaces: The Contractor shall clean all vertical surfaces with an appropriate cleaning solution, so they are free of apparent marks and smudges after spot cleaning.

Surfaces shall be cleaned so they are free of marks, dirt, grime, dust, spider webs, and clinging dust after either wiping or vacuuming. Glass vertical surfaces shall be cleaned so they are free of spots, streaks, fingerprints, and dirt. Ceramic tile surfaces shall be cleaned so they are free of spills, marks, wax buildup, and water spots. All surfaces shall be free of spots, streaks, and residues after applicable polishing.

4. Ceilings: The Contractor shall clean/vacuum all diffusers and heating/cooling returns, so they are free of clinging dust. Light fixture covers shall be cleaned so they are free of bugs, dust, dirt, grime, and streaks. Note: These tasks shall be performed ONLY if they can be reached without aid of a ladder.

5. Restroom Facilities: The Contractor shall clean and disinfect all showers, sinks, toilets, and urinals so they are free of stains, deposits, and residues. Metal fixtures and partition walls shall be cleaned so they are free of water spots and residues. Sweep/vacuum all floors free of dirt and other litter, then mop to ensure there is no dust, dirt, spills, spots, or streaks. Buff floors so they are free of streaks and marks. Strip floors free of marks, dirt, and wax build-up. Three (3) thin coats of floor finish shall be applied when refinishing. Floors shall be covered with non-buffing slip resistant sealer after sealing.

Floors shall be covered with slip resistant floor finish after either spray buffing or refinishing.

6. Supplies: The Contractor shall maintain stock of paper towels and toilet tissue in the restrooms to ensure an out-of-stock situation does not occur in dispensers.

7. Chairs: The Contractor shall clean all metal and/or wooden portions of chairs with an appropriate cleaning solution, so they are free of dust, grime, and other residues. The Contractor shall clean/vacuum fabric portions of chairs, so they are free of dust, particles, and other foreign substances. The fabric portion shall be free of noticeable spots after spot cleaning with appropriate upholstery cleaner.

8. Trash: Trash from wastebaskets/trash receptacles and other items specifically marked

“trash” shall be removed from the building and placed in the designated containers outside of the building by the Contractor. Trash receptacle liners shall be free of paper or other visible substance(s) when emptied. Trash receptacle liners shall be replaced when the liner becomes torn or soiled. The Contractor shall clean trash receptacles, so they are free of spills, dirt and residues. The Contractor shall pick up trash and debris in the parking lot and around immediate exterior of the building.

9. Products and Equipment: The Contractor shall not use any item (e.g., product, supply, or equipment) that is injurious or damaging to the surface to which it is applied or exposed. The Contractor shall be responsible for restoring/replacing any equipment/facilities, furniture, floor coverings, etc. so damaged.

G. Additional Responsibilities

1. VSP Contract Administrator

a) Each VSP service location will have a First Sergeant, Lieutenant, or assigned designee as the Contract Administrator (CA). The CA does not have the authority to approve changes in this Scope of Work/Specifications, changes which call for an extension of time, or changes in contract terms or pricing. Any contract modification must be authorized by the Contract Officer and issued as 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 periodic inspections, not less than once a week, of the facility after scheduled services have been performed. 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 will notify the Contractor and Contract Officer of any major deficiencies on the day of discovery.

d) The VSP CA will use reasonable and prudent judgment in determining what a minor or major discrepancy is. Oversights in cleaning which do not significantly affect the appearance of the facility should be considered minor. Frequent recurring minor discrepancies which are reported to the Contractor without corrective action taken and/or discrepancies which significantly affect the appearance should be considered major. If any service performed was reported to the Contractor as a major discrepancy, and not immediately (within 24 hours) corrected by the Contractor, then the Contractor may be found in default of the contract. No negotiations shall be made for poor contract performance.

e) The VSP CA will review the Contractor’s inspection report and verify the completion of the services performed during a specified week for each service provided (i.e., daily, weekly, monthly, quarterly, or semi-annually) and the acceptability of such service.

2. Contractor

a) The Contractor shall meet as needed, but a minimum of quarterly, with the VSP CA for communication, coordination of the housekeeping functions, and quality control. Such meetings shall be arranged between the VSP CA and the Contractor. Not less than twice per month, the Contractor shall inspect the entire area under contract, using an inspection report of the Contractor’s design, for the purpose of ensuring quality workmanship and compliance with the contract. The Contractor’s inspection report shall include, at a minimum, a listing of the tasks contained in Attachment B/B.1, a comment area for each task, date and time of inspection, and the name, contact information, and signature of the inspector.

Such inspection report shall be given to the VSP CA on the date of inspection.

This procedure will provide both the VSP CA and the Contractor with the opportunity to note discrepancies and complaints, plan for correction of deficiencies in the work, and establish a mutually beneficial working relationship.

b) The Contractor shall implement corrective action to prevent reoccurrence of minor discrepancies. Action taken shall be conveyed to the VSP CA during the next meeting.

c) The Contractor shall take immediate corrective action (within 24 hours) on any major discrepancy reported to the Contractor by VSP. Such corrective action shall be at no additional cost to VSP.

d) The Contractor shall assign one or more qualified Supervisor(s) to supervise the

Contractor’s employee(s) and to ensure adherence to the cleaning schedule.

e) The Contractor’s Supervisor shall be responsible for all keys assigned to unlock doors, and for the security of the building.

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

(1) Contractor’s employees appearing to be under the influence of alcohol or drugs shall not be permitted in the building.

(2) No loud or boisterous conduct will be permitted.

(3) Contractor’s employees shall not open desk drawers or cabinets at any time.

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

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

(6) 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.

(7) The Contractor shall employ a sufficient number of experienced personnel to adequately perform all the specified services at the frequency and at the standard specified herein.

(8) All VSP facilities are “Smoke-Free”. No use of tobacco products will be permitted on VSP property with the exception of designated areas for such activities.

H. 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 employees 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 security.

2. The Contractor’s personnel shall not be under the influence of marijuana during 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. No sweatpants, shorts, cut-offs, or tank tops are permitted.

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.

I. Plan of Operation

The Contractor shall supply a Plan of Operation including a minimum of the following information after award:

1. Number of employees that will be assigned to the facility; NOTE: Contractors may NOT employ any Virginia State Police employees without the prior written authorization of the VSP Procurement Director. If approved, the employee must also sign and adhere to the VSP Outside Employment Conflict of Interest and Ethics statement.

2. Name, address, and telephone number of the individual(s) assigned to supervise the assigned employee(s) and who is responsible for attainment of the performance standard(s).

3. Name, address, and telephone number of the individual(s) who will be meeting with the VSP CA, receive notice from the VSP CA on any major discrepancies, and is responsible for taking immediate corrective action(s).

III. MANDATORY SITE VISIT:

Due to the importance of all bidders having a clear understanding of the Scope of Work/Specifications, the requirements of this solicitation, and an opportunity to inspect the physical work location, all Bidders are required to inspect the site where services are to be performed prior to the due date and time when bids are due.

A. Site Visits are by appointment only. To schedule a site visit at Area Office 41, Bedford, located at 874 Blue Ridge Avenue, Bedford, VA 24523-0016, contact the VSP Area Office at (540) 586-7905, or area41@vsp.virginia.gov. NO ONE WILL

BE ADMITTED WITHOUT A SCHEDULED APPOINTMENT.

B. Bidders must complete the attached “Certification of Site Visit” and bring it with them to the site visit. The bidder should complete the form, except for the portion titled “Virginia State Police Representative”.

C. Any bidder who does not conduct a site visit and/or provide the completed, signed “Certification of Site Visit” form with their bid will be found nonresponsive.

D. VSP does not assume responsibility for any understandings reached, or representations made, by any of its officers or agents concerning conditions which can affect the work done before the execution of a contract, unless that understanding or representation is expressly stated in the contract. Bidders are reminded that all questions and any answers provided by the Department must be done through the VSP Contract Officer.

IV. 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, 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 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 bid, bidders certify that their bid(s) 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.

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions 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 perform the services/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/offeror’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/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

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

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. Omitted

R. Omitted

S. Omitted

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder 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 or 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’ 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 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.

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 or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/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.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound here under 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/offerors 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/proposals.

AA.