UIFB 26-425-238 Leased Scooters.pdf

UIFB 26-425-238 Leased Scooters Page 1

Jamestown-Yorktown Foundation P.O. Box 1607, Williamsburg, Virginia 23187-1607

(757) 253-4838 (757) 253-5299 Fax (757) 253-5110 jyfmuseums.org

UIFB #26-425-238 Leased Scooters

Issue Date: April 17, 2026

Closing Date: April 23, 2026 at 2:00 PM

SMALL BUSINESS PRIORITY SET ASIDE

Commodity Code: 07153, 80567, 92962, 97550, 99894

I. PURPOSE

The purpose and intent of this Unsealed Invitation for Bids (UIFB) is to solicit bids from qualified vendors to provide leased mobility scooters, including delivery, maintenance, repair, and replacement services, for visitor use at Jamestown Settlement and the American Revolution

Museum at Yorktown during the contract period.

The Agency operates public museums that serve a diverse visitor population, including guests requiring mobility assistance. The Agency seeks to lease visitor-use mobility scooters on a term contract basis to ensure reliable availability, safe operation, and continuity of service for museum patrons.

Orders and service releases shall be issued by Agency purchase order during the contract term.

Quantities provided are estimates for evaluation purposes only and do not represent a guaranteed minimum purchase.

II. BACKGROUND

The Jamestown-Yorktown Foundation, accredited by the American Alliance of Museums

(AAM), is an educational institution of the Commonwealth of Virginia and administers two living history museums:

• Jamestown Settlement (JS)

• American Revolution Museum at Yorktown (ARM@Y)

Both facilities welcome a high volume of annual visitors and operate both indoor and outdoor exhibit areas. Due to terrain, exhibit footprint, and visitor demographics, mobility scooters are essential to ensure accessibility and compliance with public accommodation standards.

The Agency has previously leased mobility scooters under similar agreements and seeks to establish a competitive contract for the identified lease period that provides reliable equipment, consistent service quality, and responsive maintenance support to ensure uninterrupted availability for visitor use.

III. SCOPE OF WORK

A. General

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1. The Contractor shall provide all labor, tools, materials, equipment, travel, delivery, shipping, insurance, supervision, and any other incidentals necessary to furnish and deliver leased motorized scooters on a monthly basis, in accordance with the requirements set forth herein and the quantities identified in Chart B.

2. Scooters shall be delivered to the Agency’s designated site locations, fully assembled, fully charged, clean, safety-checked, and in good working order, such that they are immediately ready for visitor use upon delivery.

3. The Contractor shall provide estimated lead time in calendar days after receipt of purchase order.

4. All costs associated with delivery, setup, operation, maintenance readiness, and continued availability of the scooters during the contract period shall be included in the Contractor’s pricing.

5. This contract establishes a fixed-period equipment lease and service requirement. The quantities identified in Chart B represent the Agency’s expected deployment levels for the contract period. The Agency reserves the right to adjust distribution between locations based on operational needs.

B. Equipment Requirements.

1. The Contractor shall provide Pride Victory 10 scooters or equivalent models that meet or exceed the minimum specifications set forth in Chart A1, hereinafter referred to as scooter(s). Scooters must be in good working order, meaning they function safely and effectively according to their intended purpose.

2. The selected Contractor shall allow Agency staff to inspect and test-drive scooters upon delivery to verify operational condition. The Agency reserves the right to reject or require replacement of any scooter determined to be unsafe, defective, or not in good working order at no additional cost to the Agency.

3. The Contractor shall remove all packaging materials and delivery-related debris generated in the performance of this contract and shall maintain a clean and orderly condition at all Agency locations during delivery, replacement, or service activities.

No materials shall be left onsite without prior approval from the Agency.

4. The Contractor shall extend to the Agency any special educational pricing, promotional pricing, or discounted rates that become available during the contract period and that apply to the equipment or services provided under this contract. The

Contractor shall notify the Agency in writing of any such special pricing and shall clearly identify the effective dates and duration of the promotion.

5. Because leased scooters must remain continuously available for daily public use, the

Contractor shall maintain a physical business location or service support capability within the Williamsburg, Hampton Roads, or Richmond, Virginia regions sufficient to support timely delivery, maintenance, and service response requirements under this contract. The Agency reserves the right to determine whether a bidder’s service capability reasonably supports these operational requirements. Bidders that cannot demonstrate the ability to meet required service response expectations due to geographic limitations may be determined non-responsive.

Chart A

Pride Victor 10 Specifications

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Model Victory 10, 3 wheel Victory 10, 4 wheel

Model Number SC610 SC710

Front Tires 3.5" x 10" Solid 3.5" x 10" Solid

Rear Tires 3.5" x 10" Solid 3.5" x 10" Solid

Maximum Speed* Up to 5.25 MPH Up to 5.25 MPH

Ground Clearance 3" at midframe 3" at midframe

Turning Radius** 42" 54"

Overall Length** 45.25" 47"

Overall Width of Base** 22.25" 22.25"

Seat-to-Ground Height Range 20.5"-22" 20.5"-22"

Seat Type Foldable, Molded Plastic (18"x17") Foldable, Molded Plastic (18"x17")

Weight** 131.5 lbs 132.5 lbs

Seat-to-Deck Height Range 17.5"-19" 17.5"-19"

Battery Weight 24.5 lbs. each/32.5 lbs each 24.5 lbs. each/32.5 lbs each

Battery Requirements (2)U1 or (2)40AH (2)U1 or (2)40AH

Maximum Range Per Charge* Up to 15.5 miles Up to 15.5 miles

Battery Charger Off-board, 3A Off-board, 3A

Maximum Weight Capacity 400 lbs. 400 lbs.

Standard Body Colors Candy Apple Red, Viper Blue Candy Apple Red, Viper Blue

Weight of Heaviest Piece** 54.5 lbs (Front Section) 61 lbs (Front Section)

Medicare Code Coverage K0801 - Group 1 Heavy Duty K0801 - Group 1 Heavy Duty

Warranty

3-year limited on frame;

1-year pro-rata on drivetrain;

1-year limited on electronics

3-year limited on frame;

1-year pro-rata on drivetrain;

1-year limited on electronics

C. Quantity. The quantities shown in Chart B reflect estimated seasonal demand for planning purposes only pulled from historical data. Actual quantities may vary month to month based on operational needs. The Agency makes no guarantee of minimum quantity.

Chart B

Month Jamestown

Settlement (JS)

American Revolution Museum at Yorktown

(ARM@Y)

JYF Total

June 2026 5 3 8

July 2026 5 3 8

August 2026 5 3 8

September 2026 5 3 8

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October 2026 5 3 8

November 2026 5 2 7

December 2026 4 2 6

January 2027 2 1 3

February 2027 2 1 3

March 2027 6 3 9

April 2027 6 3 9

May 2027 5 3 8

TOTAL 55 30 85

D. Contractor Responsibilities. The Contractor shall:

1. Maintenance and Repairs. Provide all preventative maintenance, corrective maintenance, repairs, replacement parts (including batteries), and associated operating expenses not otherwise covered under manufacturer warranty necessary to keep all leased scooters in safe, good operating condition and working order in accordance with the manufacturer’s recommendations and the applicable owner’s manual.

2. Public Use Standard. Acknowledge and understand that the scooters will be used by members of the general public, including visitors with mobility impairments or disabilities, and shall ensure that all equipment furnished under this contract is suitable, safe, and properly maintained for such use.

3. Replacement of Defective Equipment. Replace, at no additional cost to the Agency, any scooter that is defective, unsafe, inoperable, or beyond reasonable repair.

Replacement equipment shall be delivered within the Contractor’s stated response timeframe.

4. Delivery and Coordination. Coordinate all deliveries, replacements, and removals of equipment with the Agency’s Visitor Services Leads at least forty-eight (48) hours in advance, unless otherwise approved by the Agency for urgent circumstances.

a. The Contractor shall pick up and return scooters as necessary to maintain the required number of operational units at each site location as identified in Chart

B.

E. Agency Responsibilities. The Agency will:

1. Authorized User Requirement. Permit only visitors who execute the Agency’s liability acknowledgment form (“Authorized Visitors”) to operate the scooters.

Authorized Visitors shall be responsible for damages they cause to the scooters in accordance with Agency policy. The Agency will not be responsible for normal wear and tear. If a scooter becomes damaged or inoperable, the Contractor shall provide a replacement unit in accordance with the contract requirements. Nothing herein will be construed as the Agency assuming liability beyond that provided under Virginia law.

2. Permitted Use Areas. Allow Authorized Visitors to operate scooters indoors and outdoors on Agency premises only. The Agency will restrict scooter operation during rain or other inclement weather conditions that may reasonably cause damage to the equipment.

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3. No Unauthorized Modifications. Not alter, mark, or install additional equipment onto the scooters without the Contractor’s prior written consent, which shall not be unreasonably withheld.

4. Force Majeure Conditions. Not be responsible for failure to operate or restrict scooter use due to circumstances beyond the Agency’s reasonable control, including but not limited to Acts of God, war, governmental actions, terrorism, natural disasters, strikes, or civil disorder.

F. Project Schedule

1. The contract period shall commence on June 1, 2026, and shall remain in effect through May 31, 2027, unless terminated earlier in accordance with the contract.All leased scooters shall be delivered, deployed, fully assembled, safety-checked, and operational no later than June 1, 2026.

2. All leased scooters shall be delivered, deployed, fully assembled, safety-checked, and operational no later than June 1, 2026.

3. The Contractor shall coordinate delivery, setup, and operational verification with the

Agency to ensure uninterrupted scooter availability and continuity of visitor accessibility services.

4. Deliveries and service work shall generally be performed during normal Agency operating hours unless otherwise approved by the Agency.

5. If a transition from an incumbent contractor is required, the Contractor shall coordinate removal and replacement activities with both the Agency and any outgoing contractor, as applicable, to ensure no interruption in scooter availability for visitor use.

G. Training

1. The Contractor shall provide basic operational orientation for Agency staff upon delivery.

IV. BID PREPARATION AND SUBMISSION INSTRUCTIONS

A. General Instructions

1. UIFB Response. To be considered responsive, Bidders must submit the following completed documents electronically via eVA:

a. Attachment A – Pricing Schedule

2. All completed documents must be included with the electronic bid submission in eVA. Documents submitted outside eVA (email, mail, fax, or hand delivery) will not be accepted.

B. Bid Submission Requirements

1. Bids will be received in eVA until April 23, 2026, at 2:00 PM ET, for furnishing the goods and services described herein. Bids submitted via email, mail, or fax WILL

NOT be accepted.

2. Bids must be submitted in eVA before the stated closing deadline.

3. Late bids will not be considered and will be retained unopened in the file.

4. Before submitting the bid, Bidders should:

a. Check the solicitation status for updates, amendments, or changes on eVA

(www.eva.virginia.gov) under Virginia Business Opportunities (VBO).

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b. Review all attachments, exhibits, and required forms.

c. Ensure all required documents are completed and uploaded to eVA.

5. Electronic Bid Submission Instructions

a. Go to www.eva.virginia.gov

b. Click on “I Sell To Virginia”

c. Select “eVA Supplier Training”

d. Watch “Viewing and Responding to Solicitations” video.

6. Bidder Assistance

a. For help submitting bids:

b. eVA Customer Care: 866-289-7367

c. Email: eVACustomerCare@dgs.virginia.gov

Bidders are solely responsible for submitting a complete bid in eVA. Changes to the solicitation’s required forms are prohibited except where clearly instructed. Failure to submit all required documentation may result in the bid being deemed nonresponsive.

V. PROCUREMENT TIMELINE

Event Date

UIFB Issued April 17, 2026

Bids Due (by 2:00 PM ET) April 23, 2026

VI. EVALUATION & AWARD

A. Award will be made to the lowest responsive and responsible Bidder.

B. Evaluation will be based on the Total Sum as reflected on the Pricing Schedule. The

Total Sum will be calculated by summing the extended prices for all line items shown on the Pricing Schedule. In the event of an arithmetic error, the unit price shall govern.

C. Pricing shall include all costs necessary to provide fully operational scooters during the contract period, including delivery, maintenance, repairs, replacement parts, batteries, and service support.

D. In the event of a tie in Total Sum, the Agency will apply tie-breaking procedures in accordance with the Virginia Public Procurement Act.

VII. SITE LOCATION

A. Scooters shall be delivered and maintained at:

1. Jamestown Settlement

2110 Jamestown Road

Williamsburg, VA 23185

2. American Revolution Museum at Yorktown

200 Water Street

Yorktown, VA 23690

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VIII. AGENCY CONTACT

A. All inquiries for information must be in writing and directed to: Keola Lee;

procurement@jyf.virginia.gov. NO QUESTIONS WILL BE ANSWERED BY PHONE:

All responses to email inquiries will be answered as an addendum and posted to the eVA website if a response is warranted.

B. For assistance with submitting your proposal please contact eVA customer care.

Additional resources are as follows:

https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

IX. 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).

mailto:procurement@jyf.virginia.gov https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

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

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

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

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vii. 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: 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 solicitation 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.

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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:

a. To Prime Contractor:

i. 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).

ii. 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.

iii. 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.

iv. 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.

v. 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).

b. To Subcontractors:

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i. 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:

a. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

ii. 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.

c. 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.

d. 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

UIFB 26-425-238 Leased Scooters Page 12 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 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:

a. 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.

b. 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:

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

ii. 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

UIFB 26-425-238 Leased Scooters Page 13 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

iii. 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

54-730076K. 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, UIFB 26-425-238 Leased Scooters Page 14 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 non-responsive. 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 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:

a. 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.

b. Employer’s Liability - $100,000.

c. 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.

d. 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.

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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 (www.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 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 https://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 https://eva.virginia.gov/

UIFB 26-425-238 Leased Scooters Page 16 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 www.eVA.virginia.gov

The specified vendor transaction fee will be invoiced, by the Commonwealth of

Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. 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.

https://eva.virginia.gov/

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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) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

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

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

State workplace or is associated with a person who is a State employee.

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

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

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

EE. FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000:

During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor.

For the purposes of this section, “ forced or indentured child labor” means all work or service exacted from any person younger that 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

X. SPECIAL TERMS AND CONDITIONS

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

B. AWARD: The Commonwealth will make the award(s) on total sum basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than

$100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one purchase order with the applicable eVA transaction fee assessed for each order.

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D. INSURANCE: All vendors doing work for JYF or any of our affiliates must have a

Certificate of Insurance (COI) on-file before they arrive on site. The COI must have the following: General Liability of at least $1,000,000.00, Auto Liability of at least

$1,000,000.00, Workers Compensation of at least $500,000.00. List Jamestown-

Yorktown Foundation; Jamestown-Yorktown Foundation, Inc. and Jamestown-Yorktown

Educational Trust, as additional insured on the COI.

E. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (90) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

F. DELIVERY NOTIFICATION: The Agency shall be notified 48 hours prior to delivery of any items so that personnel may be available to allow access to the building and verify the items received.

G. SPECIAL EDUCATIONAL OR PROMOTIONAL DISCOUNTS: The contractor shall extend any special educational or promotional sale prices or discounts immediately to the Commonwealth during the term of the contract.