Zone 7 Skilled Trade Services RFP.pdf

Issue Date:

RFP Number:

Title:

Commodity Code:

Issuing Agency:

Contract Term:

Request for Proposals (Small Business Set-Aside)

July 1, 2026 VCCS-Zone7-27-120620 Zone 7 Skilled Trade Services See Page 2.

Commonwealth of Virginia Virginia Community College System - Shared Services Center 147 Daleville Centre Drive Daleville, Virginia 24083 An initial one (1) year term, with an additional four (4) one (1) year renewals.

Proposals will be received until: August 27, 2026 at 2:30 PM local time

All Proposals must be received in eVA’s Virginia Business Opportunities by the date and time stated immediately above. Any Proposals received after the stated time and date will not be considered.

In lieu of a Pre-Proposal Conference, questions will be accepted by e-mail to Patrick Millehan through August 14, 2026.

Any inquiries regarding this solicitation should be directed only to: Patrick Millehan, Senior Contract Officer

Email: pmillehan@ssc.vccs.edu

All inquiries must be made in writing and must be submitted electronically as indicated in the RFP. No oral inquiries will be accepted. From the date of issuance of this RFP, until the selection of a Contractor(s) is announced, all questions concerning any part of this RFP shall be directed ONLY to Patrick Millehan pmilehan@ssc.vccs.edu. It is not permissible for an Offeror, or any entity working on behalf of an Offeror, to solicit information from any individual or government source (Federal or State) other than from the official point of contact listed above. Any unauthorized solicitations for information are grounds for disqualification of Offeror’s proposal.

In compliance with this Request for Proposals (RFP) and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods and services in accordance with the attached submitted proposal or as mutually agreed upon by subsequent negotiation.

COMPLETE AND RETURN THIS PAGE WITH THE PROPOSAL

Name of Company: Date:

Address of Company: By: Signature eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as 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.

NIGP Codes:

90930 - Building Construction (Not Otherwise Classified

91006 - Carpentry Maintenance and Repair Services

Request for Proposals # VCC-ZONE7-27-120620

Zone 7 Skilled Trait Services

91052 - Maintenance and Repair Services, Building (Not Otherwise Classified)

91054 - Painting, Maintenance and Repair Services (Including Caulking)

91060 - Plumbing Maintenance and Repair (Includes Pressure Tapping Services, Pipe Freezes, Toilets, etc.)

91066 - Roofing, Gutters, and Downspouts Maintenance and Repair

91075 - Wall and Ceiling Repair and Replacement (Including Drywalling)

91079 - Window Installation, Maintenance and Repair (Metal)Delete "91079 - Window Installation, Maintenance and Repair (Metal)

91082 - Wiring and Other Electrical Maintenance and Repair Services

91427 - Carpentry

91461 - Painting and Wallpapering

91468 - Plumbing

92838 - Electrical (Alternator/Generator, Battery, Ignition System, Lights, etc.) Maintenance and Repair96231 - Electrostatic Painting

96848 - Inspection Services, Electrical Instrumentation and Control

99239 - Electrical Systems Testing Services

72059 – Recycled Pumping Equipment and Accessories

67055 - Plumbing Fixtures and Parts: Lavatories, Showers, Sinks, Toilets (Water Closets), Toilet Seats (Including Hygienic Type), Tubs, etc.

67056 - Plumbing Trim: Faucets, Fittings, etc.

67057 - Plumbing Equipment, Accessories and Supplies (Not Otherwise Classified)

67058 - Rubber Goods and Plumbing Specialties: Gaskets, Leathers, Seats, Washers, etc

67059 - Sealants, Waterplug

67064 - Supplies and Stops

91013 - Elevator Installation, Maintenance and Repair

91014 - Door Installation, Maintenance, and Repair (Metal)

91015 - Door Installation, Maintenance, and Repair (Wood)

91025 - Flooring Maintenance and Repair to Include Refinishing and Sealing

91036 - Heating, Air Conditioning, and Ventilation Maintenance and Repair Services (Including Installation)

91073 - Tile and Stone (Includes Granite, Marble, and Terrazzo), Restoration, Refurbishing, Maintenance and Repair

91074 - Wallpapering Services, Includes Maintenance and Repair

91078 - Weather and Waterproofing Maintenance and Repair Services

91080 - Window Installation, Maintenance, and Repair (Wood)

96296 - Well Services (Including Oil, Gas, and Water): Drilling, Plugging, Consulting, Maintenance, Repair, etc.

99247 - HVAC System Testing, Balancing and/or Troubleshooting Services

91051 - Masonry, Concrete, and Stucco Maintenance, Finishing, and Repair (Includes Inside Concrete Sawing and Grouting Work)

91382 - Maintenance and Repair, Sidewalk and Driveway (Including Removal)

96118 - Concrete Resurfacing Services (Swimming Pools, Driveways, Patios, etc.)

Table of Contents

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEEDS

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

V. EVALUATION AND AWARD CRITERIA

VI. GENERAL TERMS AND CONDITIONS

VII. SPECIAL TERMS AND CONDITIONS

VIII. COMPLIANCE

IX. METHOD OF PAYMENT

X. PRICING SCHEDULE

XI. ORDERING PROCEDURES

XII. ATTACHMENTS

ATTACHMENT 1 – VENDOR DATA SHEET **

ATTACHMENT 2 – STATE CORPORATION COMMISSION FORM **

ATTACHMENT 3 – PROPRIETARY AND CONFIDENTIAL INFORMATION FORM **

ATTACHMENT 4 – SMALL BUSINESS SUBCONTRACTING PLAN**

ATTACHMENT 5 – PROHIBITION OF POLITICAL CONTRIBUTIONS & GIFTS **

ATTACHMENT 6 – DISCLOSURE OF AI USE IN PROPOSAL DEVELOPMENT **

ATTACHMENT 7 – PRICING SCHEDULE **

ATTACHMENT 8 – VCCS ZONE MAP ……………………………………………………………………………………

Items indicated by ** must be completed and returned as part of the RFP submission package.

I. PURPOSE

This solicitation is being conducted on behalf of the Virginia Community College System (VCCS) to include its Zone 7 Community Colleges. Any of the VCCS entities may, but are not obligated unless otherwise stated, to utilize any contract(s) awarded as a result of this solicitation. A list of VCCS colleges is available online at www.vccs.edu.

II. BACKGROUND

Virginia’s Community colleges serve an estimated 400,000 people across the state. The opportunities we provide include some of the most cutting-edge and highly demanded training and education available. We give everyone the opportunity to learn and develop the right skills, so lives and communities are strengthened. Virginia’s Community Colleges were created in 1966 to address Virginia’s unmet needs in higher education and workforce training. The newest Strategic Plan, Complete 2021, contains a single goal: to triple the credentials students earn in academic and workforce areas.

III. STATEMENT OF NEEDS

The Successful Offeror(s) shall furnish their desired services, including, but not limited to, providing the necessary labor, materials, supervision, equipment, services, incidentals, and related items necessary to provide Skilled Trade Services for all Zone 7 Community Colleges.

1. Purpose and General Requirements

The Offeror shall provide all labor, equipment, materials, and supervision necessary to perform maintenance, repair, and installation services across all Zone 7 Community College campuses.

General expectations for all trades include:

1. Compliance: All work must adhere to VUSBC (Virginia Uniform Statewide Building Code), OSHA regulations, and ADA standards.

2. Emergency Response: Capability to provide 24/7 emergency repair services with a specified response time (e.g., 2–4 hours).

3. Safety: Offerors must ensure a safe environment for students, faculty, and staff, including proper job-site barriers and debris removal.

4. Department of Professional and Occupational Regulation (DPOR) License: Contractors must carry current DPOR licenses for the following Skilled Trades

DPOR Individual Tradesman Licenses (2710)

These licenses allow individuals to install, maintain, or alter specific systems and are categorized by trade and skill level (Journeyman or Master):

1. Electricians: Residential (ELE-R), Commercial (ELE-C).

2. HVAC: Residential (HVAC-R), Commercial (HVAC-C).

3. Plumbers: Residential (PLB-R), Commercial (PLB-C).

4. Gas Fitters: Residential (GAS-R), Commercial (GAS-C).

DPOR Certifications & Specialized Trades

1. Backflow Prevention Device Worker (2717): Certification for installing/testing backflow devices.

http://www.vccs.edu/

2. Elevator/Accessibility Mechanics (2718/2720): Certification for installing/repairing elevators, escalators, and wheelchair lifts.

3. Water Well System Provider (2719): Certification for installing/repairing water well pumps and systems.

4. Automatic Fire Sprinkler Inspector (2723): Certification for inspecting fire sprinkler systems.

5. Residential Building Energy Analyst (2722): Certified professionals performing energy audits

DPOR Contractor License Classifications (2026)

The Virginia Board for Contractors requires firms to select a class based on project volume:

1. Class A Contractor: The highest license level, allowing contractors to perform projects of any size (> $150,000) for a single contract).

2. Class B Contractor: Restricted to single contracts/projects between ($10,000) and ($120,000), and a total annual volume not exceeding ($750,000).

3. Class C Contractor: Restricted to single contracts/projects between ($1,000) and ($10,000), with a total annual volume not exceeding ($150,000)

2. Specific Service Definitions and Scopes

Concrete Resurfacing Services

• Definition: Professional methods used to restore, repair, or improve the appearance and durability of existing concrete surfaces without completely replacing them.

• Needs: As-needed repairs for cracks, chips, discoloration, and wear on existing concrete surface such as patios, sidewalks, or floors.

Pump and Motor Rebuild/Repair

• Definition: Mechanical restoration and electrical testing of circulating pumps, domestic water pumps, and industrial motors.

• Needs: Services include bearing replacement, seal installation, rewinding, alignment, and performance testing to ensure optimal efficiency of building fluid systems.

HVAC Maintenance and Repair Services

• Definition: Comprehensive care for Heating, Ventilation, and Air Conditioning systems (Chillers, RTUs, split systems, and boilers).

• Needs: Routine preventive maintenance (filter changes, coil cleaning), refrigerant management, emergency repairs, and system balancing to maintain indoor air quality and climate control.

Elevator Maintenance and Repair

• Definition: Specialized technical service for vertical transportation equipment, including hydraulic and traction elevators.

• Needs: Monthly safety inspections, lubrication, cable/piston maintenance, and 24/7 emergency entrapment response. Must ensure compliance with state elevator certifications.

Door Installation, Maintenance, and Repair

• Definition: Servicing of all entryway systems, including overhead dock doors, automatic ADA operators, fire-rated doors, and storefront entries.

• Needs: Repair of hinges, closers, sensors, and panic hardware. Installation of new units must integrate with existing security and access control systems.

Window Installation, Maintenance, and Repair

• Definition: Care and replacement of glass panes, sashes, frames, and weather stripping.

• Needs: Replacement of failed thermal seals (fogged glass), hardware repair (latches/cranks), and emergency board-up services.

Custom Millwork and Cabinetry

• Definition: High-end woodworking and specialized furniture fabrication.

• Needs: Repair or replacement of laboratory benches, reception desks, and office cabinetry. Work must match existing architectural finishes and withstand heavy institutional use.

Roofing Maintenance and Repair

• Definition: Inspection and repair of various roofing systems (EPDM, TPO, Shingle, and Metal).

• Needs: Leak investigation, gutter/downspout cleaning, flashing repair, and preventive coatings.

Must provide warranty-compliant repairs for existing systems.

Parking & Drain Installation, Maintenance, and Repair

• Definition: Civil maintenance of asphalt surfaces and storm-water management systems.

• Needs: Pothole repair, seal coating, striping, and the clearing/repair of storm drains and catch basins to prevent campus flooding.

Generator Maintenance and Repair

• Definition: Maintenance of emergency backup power systems (Diesel/Natural Gas).

• Needs: Periodic load-bank testing, oil/filter changes, battery replacement, and transfer switch testing to ensure life-safety systems remain operational during outages.

Fume Hood Installation, Maintenance, and Repair

• Definition: Specialist service for laboratory exhaust hoods used in science departments.

• Needs: Airflow velocity testing, sash repair, motor/blower maintenance, and certification to

ASHRAE standards to ensure student safety.

Utility Location Services

• Definition: Non-destructive detection of underground utilities (electric, water, gas, data).

• Needs: Precision marking of private lines not covered by "811" services prior to any campus excavation or fence installation.

Fire System Installation, Maintenance, and Repair

• Definition: Technical care of fire suppression systems, including wet/dry sprinklers and fire pumps.

• Needs: NFPA-compliant annual inspections, head replacement, pipe repair, and flow testing of dedicated fire pumps.

Building Automation and Fire Alarm Systems

• Definition: Maintenance of the "brains" of the building, including low-voltage sensors, panels, and control software.

• Needs: Integration of HVAC controls, smoke detector testing, panel programming, and 24/7 monitoring connectivity.

Electrical Installation, Maintenance, and Repair

• Definition: High and low voltage electrical work encompassing power distribution and lighting.

• Needs: Panel upgrades, circuit troubleshooting, LED lighting retrofits, and electrical support for campus events or new equipment installs.

Thermal Insulation Services

• Definition: Application of insulating materials to mechanical systems.

• Needs: Replacement of damaged piping insulation (fiberglass/rubber), duct insulation, and

"removable jackets" for valves to improve energy efficiency and prevent condensation.

Masonry Maintenance and Repair

• Definition: Work involving brick, stone, concrete block, and mortar.

• Needs: Brick repointing, lintel replacement, chimney repair, and structural crack injection to maintain building envelope integrity.

Arborist Services

• Definition: Professional management of campus trees and woody plants.

• Needs: Disease diagnosis, structural pruning, hazardous tree removal, and stump grinding. Must be performed by an ISA Certified Arborist.

Waterproofing

• Definition: Prevention of water ingress into building structures.

• Needs: Application of below-grade membranes, caulking/sealant replacement at expansion joints, and balcony/deck coatings.

Graffiti Removal and Pressure Washing

• Definition: Exterior cleaning services for aesthetic and preventative maintenance.

• Needs: Safe removal of paint/ink from various substrates and high-pressure cleaning of sidewalks, building facades, and stadium seating.

Auditorium Seating Maintenance

• Definition: Repair of specialized fixed seating in theaters and lecture halls.

• Needs: Mechanical pivot repair, upholstery cleaning/replacement, and ensuring all seating meets fire-code standards.

Fence Installation and Repair

• Definition: Maintenance of perimeter security and ornamental fencing.

• Needs: Repair of chain-link, wood, vinyl, and wrought iron fencing, including gate operators and security mesh.

Fall Protection Installation, Repair, and Certifications

• Definition: Safety systems for workers on roofs or elevated platforms.

• Needs: Installation of roof anchors, horizontal lifelines, and guardrails. Includes annual OSHA-mandated inspection and recertification of existing anchors.

Flooring Installation and Repair

• Definition: Management of campus walking surfaces.

• Needs: Installation and repair of VCT (Vinyl Composition Tile), LVT, commercial carpet, and poured epoxy flooring in mechanical rooms.

Plumbing Installation, Maintenance, and Repair

• Definition: General care of potable water and waste systems.

• Needs: Clearing of main line clogs, leak repair, backflow preventer testing, and water heater maintenance.

Plumbing Replacement Fixtures, Parts, and Equipment

• Definition: Provision of finish plumbing hardware.

• Needs: Supply of ADA-compliant toilets, valves, pipes, gaskets, and commercial-grade flush valves.

Duct Cleaning

• Definition: Mechanical cleaning of the interior of the air distribution system.

• Needs: Removal of dust, debris, and microbial growth from supply and return ducts to NADCA standards to improve air quality.

Carpentry

• Definition: General wood and metal stud framing and finish work.

• Needs: Drywall repair, door frame installation, rough framing for renovations, and installation of wall-mounted equipment or whiteboards.

At a minimum, each proposal should address the following five categories:

1. Qualifications and Experience

a. Company Profile: Years in business and a summary of experience specifically within institutional or higher education environments.

b. Trade-Specific Licensing: Proof of valid DPOR Licenses, Class A Virginia Contractor licenses, and/or any specialty certifications (e.g., HVAC Masters, ISA Certified Arborists, or Fire Sprinkler certifications).

c. Past Performance: A minimum of three references from clients with facilities of similar scale (colleges, hospitals, or large municipal complexes).

2. Personnel and Staffing

a. Technician Credentials: A roster of the team members who will be assigned to the account, including their years of experience and professional certifications.

b. Background Checks: Confirmation that all employees sent to campus have passed criminal background checks. College Reserves the right to request background checks from the successful offeror.

c. Staffing Levels: Evidence that the Offeror has sufficient manpower to handle both routine maintenance and unexpected large-scale repairs simultaneously.

3. Operational Approach and Response Time

a. Emergency Response: A guaranteed response time for "Emergency" vs. "Standard" calls. 2 hours for an elevator entrapment or fire alarm failure; 24 hours for non-critical repairs.

b. Equipment and Inventory: A list of company-owned equipment (service trucks, specialized tools) and a plan for sourcing parts quickly to minimize system downtime.

c. Reporting and Documentation: Samples of service tickets, maintenance logs, and how they will provide "as-built" drawings or updated schematics after a major repair.

4. Pricing and Financial Transparency

a. Labor Rates: Hourly rates for Master, Journeymen, Apprentices, and Helpers, distinguished by Standard Time, and Overtime and Holiday/Emergency Time.

b. Material Cost: Materials are to be provided at cost. Percentages off will be accepted for parts and goods (NON-SERVICES). Cost Plus Cannot be Accepted. Please do not submit Cost Plus.

c. Equipment Rental: A schedule of costs for specialized equipment (e.g., cranes, scaffolding, or trenchers) not included in the standard hourly rate.

d. Service Charges: Service Charges must be approved by the College Contract Admin or

Designated Representative.

5. Safety and Compliance

a. Safety Record: Submission of the company’s Experience Modification Rate (EMR) for the last three years—a standard metric for safety performance in the trades.

b. OSHA Compliance: A brief outline of the offeror’s safety program, including Lockout/Tagout procedures, fall protection, and Confined Space entry protocols.

c. Site Cleanliness: A commitment to maintaining a "clean and quiet" job site to prevent disruption to the learning environment.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL PROPOSAL PREPARATION

1. RFP Response: In order to be considered, offerors must submit a complete response to this RFP (electronic). No other distribution of the proposal shall be made by the offeror.

i. One (1) original proposal including the RFP, coversheet, and signed acknowledgement of any addenda (if applicable) Email is not acceptable.

ii. One (1) redacted copy (only if offeror has invoked the protections trade of §2.2-4342F of the Code of Virginia). Redacted copy must be identical to the original copy with the exception of removal/overwritten redacted information – (marked “REDACTED”). Email is not acceptable.

2. Proposal Preparation:

i. Ownership of all data, materials, and documentation originated and prepared for the VCCS pursuant to this solicitation shall belong exclusively to the VCCS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. Proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information in the original submitted proposal. Additionally, the offeror must submit a redacted copy of the proposal if invoking said protection. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

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

iii. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

iv. The entire proposal response shall be limited to 50 typed pages (excluding the complete RFP, without attachments) submitted and filled out as required. No font shall be smaller than 11 Point. Page size shall be 8 ½ x 11 inch. Larger pages are allowed for figures or tables but should be used sparingly. All pages should be numbered.

Proposals shall be submitted as ONE ATTACHMENT in eVA.

v. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP.

Please cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

vi. As used in this RFP, the terms “must,” “shall”, “should” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual “must” and “shall” items may not be fully satisfied, but it is the intent to satisfy most, if not all, “must” and “shall” requirements. The inability of an Offeror to satisfy a “must” or “shall” requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offeror’s proposal.

3. Oral Presentation / Demonstrations/Site Visits: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation or provide a demonstration of their proposed solution to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted. The College reserves the right to conduct an on-site inspection of the Offeror's facility in order to meet with personnel and evaluate facilities prior to contract award. This pre-award site visit will be provided at no cost to the Offeror.

B. SPECIFIC PROPOSAL INSTRUCTIONS

Proposals should be as thorough and detailed as possible so that the VCCS may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

1. RFP cover sheet and all addenda acknowledgements, if any, signed and filled out as required.

2. Offeror (Vendor) Data Sheet, included as an attachment to the RFP, all other attachments as noted, and other specific items or data requested in the RFP.

3. A written narrative statement to include:

i. Experience in providing the services described herein

ii. Answers to all questions posed.

iii. Firm’s background, company history, locations, including the principals and their background. Please detail the ownership and other relevant information regarding the firm.

iv. Names, qualifications, and experience of personnel to be assigned to the project.

4. Specific methodology and plans for providing the proposed services including:

i. What, when, how and by whom the services will be performed or accomplished.

ii. Projected timeline for delivery of services relative to award date of contract.

5. Proposed fees: Complete Attachment 7 – Pricing Schedule for all goods and services as outlined in this RFP.

V. EVALUATION AND AWARD CRITERIA

Proposals will be evaluated by the VCCS using the following criteria:

Evaluation Criteria % of Total

Qualification, Relevant Experience, Capabilities, and Capacity 30

Proposed Methodology and Plans For Providing Services 30

Proposed Pricing 20

Small Business Plan 20

TOTAL 100

VI. 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:

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, 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.

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, rules or regulations 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.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

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

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

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR RFPs: Failure to submit a 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 precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify non-responsive 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:

To Prime Contractor:

1. 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).

2. 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.

3. 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.

4. 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.

5. 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).

To Subcontractors:

1. 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:

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

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

2. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The 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 capabilities.

The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract.

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

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

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 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. 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 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.

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.)

5. Professional Services Profession/ Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design, Inspection or Abatement Contractors; Healthcare Practitioners (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapy Assistants, Clinical

$1,000,000 per occurrence, $3,000,000 aggregate

Psychologists, Clinical Social Workers, Professional Counselors, Hospitals or Health Maintenance Organizations) Insurance/Risk Management

$1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

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

S. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

T. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or…