COMMONWEALTH OF VIRGINIA DEPARTMENT OF CORRECTIONS PROCUREMENT AND RISK MANAGEMENT
6900 ATMORE DRIVE RICHMOND, VIRGINIA 23225
REQUEST FOR PROPOSALS
Solicitation Number: DOC-14-105
Issue Date: May 19, 2014
Title: Inmate Phone Services
Commodity Code: 83986 – Inmate Telephone System Issuing Agency: Commonwealth of Virginia
Department of Corrections
Procurement and Risk Management, Room 2150 6900 Atmore Drive
Richmond, Virginia 23225
Using Agency: Department of Corrections and Department of Juvenile Justice
The purpose of this Request for Proposals (RFP) is to establish a contract to provide Inmate Telephone services to the Virginia Department of Corrections (DOC) and the Virginia Department of Juvenile Justice (DJJ) and to pilot cell phone Managed Access services at the DOC. Managed Access in this context is defined as a system to track or disable cell phone transmissions in a correctional facility.
The initial term of the contract will be for a three (3) year term beginning after the date of award; however, the contract may be renewable for five (5) one-year renewal options in accordance with RFP section VI, paragraph S.
Sealed proposals will be received until 2:00 pm on July 17, 2014 for furnishing the goods and services described herein.
All proposals received after the appointed date and hour for receipt, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time received in the Issuing Agency's Purchasing Office. Offerors have the sole responsibility for assuring that proposals are received in the Purchasing Office by the designated date and time.
If proposals are mailed, hand delivered, or delivered by express mail, they must be delivered to the Issuing Agency’s Purchasing Office at the address shown above. Hand delivered proposals must be delivered in ample time to allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation. Faxed, electronic or oral proposals will not be accepted.
RFP# DOC-14-105
All inquiries for information shall be directed to Peter Batley at ph (804) 887-8233, fax (804) 674-3530 , or at peter.batley@vadoc.virginia.gov.
The attached Proposal Form shall be used for submitting proposals. The Proposal Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.
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, or any other basis prohibited by state law relating to discrimination in employment.
Peter Batley
TABLE OF CONTENTS
REQUEST FOR PROPOSALS ... 1
TABLE OF CONTENTS ... 3
I. INSTRUCTIONS TO OFFERORS: ... 5
A. OPTIONAL PRE- PROPOSAL CONFERENCE: ... 5
B. COMMUNICATIONS: ... 5
C. PROPOSAL PREPARATION: ... 5
D. SUBMISSION REQUIREMENTS: ... 7
E. OFFERORS REPRESENTATION: ... 10
F. PROPOSAL ACCEPTANCE PERIOD: ... 10
G. IDENTIFICATION OF PROPOSAL ENVELOPE: ... 11
H. EVALUATION CRITERIA: ... 11
I. AWARD OF CONTRACT: ... 11
II. SUPPLIER DIVERSITY:... 12
A. POLICY: ... 12
B. PARTICIPATION: ... 12
C. SUBMISSION REQUIREMENTS: ... 12
D. PERIODIC AND FINAL SMALL, WOMAN AND MINORITY-OWNED VENDOR (SWaM) REPORTS/INVOICES: ... 12
III. BACKGROUND: ... 13
IV. STATEMENT OF NEEDS: ... 13
V. GENERAL TERMS AND CONDITIONS: ... 17
A. VENDORS MANUAL: ... 17
B. APPLICABLE LAWS AND COURTS:... 17
C. ANTI-DISCRIMINATION: ... 18
D. ETHICS IN PUBLIC CONTRACTING: ... 18
E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: ... 19
F. DEBARMENT STATUS: ... 19
G. ANTITRUST: ... 19
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS: ... 19
I. CLARIFICATION OF TERMS: ... 19
J. PAYMENT: ... 19
K. PRECEDENCE OF TERMS: ... 21
L. QUALIFICATIONS OF OFFERORS: ... 21
M. TESTING AND INSPECTION: ... 21
N. ASSIGNMENT OF CONTRACT: ... 21
O. CHANGES TO THE CONTRACT: ... 21
P. DEFAULT: ... 22
Q. INSURANCE: ... 23
R. ANNOUNCEMENT OF AWARD: ... 23
S. DRUG FREE WORKPLACE: ... 23
T. NONDISCRIMINATION OF CONTRACTORS: ... 24
U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: ... 24
V. PROPOSAL PRICE CURRENCY: ... 25
W. AUTHORIZATION TO CONDUCT BUSINESS IN THECOMMONWEALTH: ... 25
VI. SPECIAL TERMS AND CONDITIONS: ... 25
A. ASBESTOS: ... 25
B. AUDIT: ... 26
C. BACKGROUND INVESTIGATIONS: ... 26
D. CANCELLATION OF CONTRACT: ... 26
E. CONFIDENTIAL INFORMATION:... 26
F. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: ... 27
G. CONTRACTOR’S TITLE TO MATERIALS: ... 27
RFP# DOC-14-105
I. DELIVERY AND STORAGE: ... 27
J. DRUG FREE WORKPLACE: ... 27
K. FRATERNIZATION PROHIBITION: ... 28
L. HIRING PRACTICES: ... 28
M. INSPECTION OF JOB SITE: ... 28
N. INSTALLATION: ... 29
O. MAINTENANCE MANUALS: ... 29
P. NEW EQUIPMENT: ... 29
Q. PRIME CONTRACTOR RESPONSIBILITIES: ... 29
R. PRISON RAPE ELIMINATION ACT (PREA): ... 29
S. RENEWAL OF CONTRACT: ... 29
T. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE: ... 29
U. SUBCONTRACTS: ... 30
V. WORK SITE DAMAGES: ... 30
W. CONTINUITY OF SERVICES: ... 30
X. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: ... 31
ATTACHMENT A: PROPOSAL FORM ... 32
ATTACHMENT B: SUPPLIER DIVERSITY & SMALL BUSINESS SUBCONTRACTING PLAN ... 38
ATTACHMENT C: CERTIFICATION OF COMPLIANCE ... 40
ATTACHMENT D: SAMPLE PROPOSAL SUBMISSION ENVELOPE LABEL ... 41
ATTACHMENT E: RELEASE OF INFORMATION FORM ... 42
ATTACHMENT F: AUTHORIZATION FOR ON-GOING LICENSE/BACKGROUND CHECK(S) ... 43
ATTACHMENT G: STATE CORPORATION COMMISSION ... 44
ATTACHMENT 1: TELEPHONE COUNT - DOC ... 45
ATTACHMENT 2: AVERAGE INMATE POPULATION – DOC ... 47
ATTACHMENT 3: TELEPHONE COUNT – DJJ ... 50
I. INSTRUCTIONS TO OFFERORS:
A. OPTIONAL PRE-PROPOSAL CONFERENCE:
An optional pre-proposal conference and site visit will be held at 9:00 am on June 6, 2014 at Powhatan Correctional Center, located at 3600 State Farm, Virginia 23160, followed by a site visit to Greensville Correctional Center, located at 901 Corrections Way, Jarratt, Virginia. The purpose of this conference and the site visits is to allow potential Offerors an opportunity to tour both sites and to present questions and obtain clarification relative to any facet of this solicitation.
While attendance at this conference will not be a prerequisite to submitting a proposal, Offerors who intend to submit a proposal are encouraged to attend. Offerors also are strongly encouraged to email any questions regarding any aspect of this RFP to Peter Batley at peter.batley@vadoc.virginia.gov prior to the conference. Offers should notify Peter Batley if they plan to attend so that each facility will have a list of those planning to visit each facility; Offerors may not bring more than two (2) employees or representatives since space may be limited, and each attendee should bring a copy of the solicitation with them. Any changes resulting from questions asked prior to or after the conference will be issued in a written addendum to the solicitation.
B. COMMUNICATIONS:
From the date of receipt of this Request for Proposals by each Offeror until a binding contractual agreement exists with the Selected Contractor and all other Offerors have been notified, or when the Department of Corrections (“DOC” or “Department”) rejects all proposals, informal communications shall cease. Informal communications shall include but not be limited to:
1. Requests from any Offeror to any facility or unit at the Department of Corrections with the exception of Department of Corrections Central Procurement for information, comments, speculation, etc.
2. Requests from any facility or unit at the Department of Corrections, and any employee of the Department of Corrections, with exception of Department of Corrections Central Procurement for information, comments, speculation, etc. From the date of receipt of this Request for Proposals by each Offeror until a binding contractual agreement exists with the Selected Contractor and all other Offerors have been notified, or when the Department of Corrections rejects all proposals, all communications between the Department of Corrections and the Offerors will be formal, or as provided in this Request for Proposals, as requested by the Department of Corrections Central Procurement. Formal Communications shall include but not be limited to:
Pre-proposal Conference: Oral Presentations: Site-visits, etc:
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In order to be considered for selection, Offerors must submit a complete response to this RFP. Proposals should be as thorough and detailed as possible so that the Department of Corrections may properly evaluate your capabilities to provide the required services. Offerors are required to comply with the following instructions:
1. Proposals shall be signed by an authorized representative of the Offeror. All information requested must be submitted. Failure to submit all information requested may result in the Department of Corrections requiring prompt submission of missing information and/or giving a lower score in evaluation of the proposal. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.
2. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.
3. 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. It is also helpful to cite the paragraph number, sub-letter, and repeat the text of the requirement as it appears in the RFP. 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.
4. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.
5. Ownership of all data, materials and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State 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 § 2.2-4342(F) 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. The 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. 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.
6. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of his/her proposal to the Department of
Corrections. This provides an opportunity for the Department of Corrections to ask questions and the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The Department of Corrections will schedule the time and location of these presentations. Oral presentations are an option of the Department of Corrections and may or may not be conducted.
7. Verify the Offeror’s acceptance of the General Terms and Conditions and Special Terms and Conditions that are detailed in this RFP.
D. SUBMISSION REQUIREMENTS:
One original and seven (7) copies of the proposal must be submitted to the Department of Corrections, along with one (1) copy redacting any proprietary information. Offerors also should submit seven (7) CD copies of the proposal, in a file format such as Word or PDF that allows key word searches, along with one (1) copy redacting any proprietary information. The Offeror shall make no other distribution of the proposals. The following must be included in the proposal:
1. All Offerors shall use Attachment A, Proposal Form, in submitting their proposed prices. The Department of Corrections will not accept oral, electronic or FAX proposals. The Proposal Form must be signed in order to be considered. If the Offeror is a corporation, the proposal must be submitted in the name of the corporation, not simply in the corporation's trade name. In addition, the Offeror must indicate the corporate title of the individual signing the proposal.
2. A written narrative statement to include:
a. Background information about the Offeror including: its size, number of employees, and annual volume of business.
b. Experience in providing the services described herein. c. Approach to providing the service.
d. Names, qualifications and experience of personnel to be assigned to the project.
3. Specific plans for providing all of the proposed services listed in Section IV, Statement of Needs, including:
a. Provide a plan of operation to achieve the objectives as defined in Section Section IV: Statement of Needs, Paragraphs A and B.
b. Provide a plan including a narrative and timeline for the implementation of all of the services listed in Section IV: Statement of Needs, including but not limited to: time frame for completion of equipment installation, training and any other transition requirements (if not specified in the Statement of Needs). The plan should include how the Offeror would complete the implementation of services with the least amount of interruption of the existing inmate phone services and/or interruption to DOC operations.
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c. Describe the specific features that distinguish the Offeror from other Offerors in the field and state how the Offeror evaluates the effectiveness of all of its proposed goods and services.
d. Provide a list of proposed equipment/goods/etc. including operating parameters, illustrations, etc. State how equipment problems and/or questions are responded to during normal business hours (Monday – Friday 8:00 a.m. to 5:00 p.m.), and after normal business hours or in the event of a major failure of more that 50% of the system at any DOC/DJJ facility. Paragraphs e. through r. below refer specifically to the Inmate Phone System e. State all call option types available to the DOC/DJJ for the inmate phone
system and recommend a program that would require limited administrative involvement by the DOC/DJJ.
f. State how inmate concerns regarding the telephone system are addressed. In addition, state how inmate’s family concerns regarding the telephone system are addressed.
g. Detail any administrative requirements that would be the responsibility of the DOC/DJJ. Describe the Offeror’s plan to minimize use of DOC/DJJ staff for administrative requirements.
h. State how the Offeror would accommodate hearing impaired and other handicapped offenders.
i. State the Offeror’s plan for setting up inmate call lists.
j. Detail the process for assignment of the permanent inmate ID#. State specifically, the amount of time it takes to assign the permanent ID#, etc. Describe how the inmate’s ability to use the inmate telephone system will be impacted when inmates are moved from one correctional facility to another.
k. Detail the Offeror’s plan for rendering restitution in the event agreed upon commissions are not paid to the DOC/DJJ on mutually agreed time periods and/or in the event there are systems malfunctions which cause the system to be inoperable for an excessive period of time.
l. Provide a plan for training inmates on the use of the telephone system and detail any continuing education programs. Provide a plan for training made available for inmates that cannot read. The plan should address initial training and on-going training needs. Also, state any training made available for DOC/DJJ staff (if required).
m. Provide a sample of the proposed monthly statement to be used by the Contractor to inform the Commonwealth of the amount of usage incurred by the system and the level of commissions to be paid to the
Commonwealth. Verify that the Statement can be provided via hardcopy report form and in automated format.
n. Provide details on the Offeror’s method for problem resolution.
o. Describe the Offeror’s method for dealing with problems and complaints presented by DOC/DJJ employees detailing at what point the problem would escalate to the next level of supervision/management.
p. Detail the process for international calls placed by inmates.
q. Describe the Offeror’s proposed Web-based automated ticketing system used to log, track and manage response to all calls for support. Describe how the Offeror will provide this functionality and detail its capabilities – include details as to what level of visibility and access the DOC/DJJ staff will have.
r. Provide a time frame for completion $(if not otherwise specified by the Agency in the Statement of Needs).
4. Provide a copy of the Offeror’s most recent independently audited financial statements.
5. Provide a minimum of four references from clients comparable to the Department of Corrections and the Department of Juvenile Justice where the Offeror has provided services similar to the services described in this RFP. For each reference listed state the average inmate population for which service was provided. The DOC/DJJ reserves the right to contact and/or visit the sites. State the Offerors willingness to reimburse the DOC/DJJ at Commonwealth of Virginia approved travel rates in the event a site visit is scheduled. .
6. Provide a list of all clients lost within the last three years (3) years due to contract cancellations or terminations and include a contact name, title and telephone number for the former client. In addition, state the length of service at the account and reason for contract loss.
7. Describe the Offeror’s procedure for replacing personnel assigned to the DOC/DJJ accounts for both the Prime Contractor and for subcontractors. Note: The DOC/DJJ reserves the right to require removal of employees who are not adhering to DOC/DJJ policies and procedures.
8. Describe technological and/or equipment enhancements or options that are available for inmate telephone systems that are not detailed in this RFP Statement of Needs.
9. Provide a list of all proposed subcontractors and detail the responsibilities and role of the proposed subcontractor including but not limited to:
a. Complete company name, address and telephone number; b. Federal identification number or social security number; c. State in which the company is incorporated, if applicable;
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d. Description of the company’s organization including organization charts; e. Principal type of business;
f. Total number of years in principal business and total number of years in the telecommunications business;
g. Provide a financial statement or annual report the most recent fiscal year; h. Total full time work force assigned to support the DOC/DJJ contract
functions;
i. Total full time telecommunications system and service work force located in the Commonwealth of Virginia;
j. Describe the relationship between the Prime Contractor and the proposed subcontractor including the length of the relationship;
k. State how many projects similar to the requirements detailed in this RFP the proposed subcontractor has worked on in the past three (3) years; and l. Provide no less than three (3) references for the proposed subcontractor
including company name, address, type of business, contact name and telephone number.
10. Provide information specific to the Offeror’s ability to provide equipment and services to administer managed access services to DOC facilities. Managed access in this context is defined as a system to track or disable cell phone transmissions in a correctional facility. This equipment and service may be provided via the Offeror’s company or in conjunction with a subcontractor. Provide specific details on the proposed equipment and service.
11. SWaM Utilization – Summarize the planned utilization of DMBE certified small businesses and businesses owned by women and minorities under the Contract awarded as a result of this solicitation. See Attachment B.
12. Agree to follow the Commonwealth IT Security Standards:
http://www.vita.virginia.gov/uploadedFiles/VITA_Main_Public/Library/PSGs/Information_Securit y_Standard_SEC50107.pdf
13. State the Offeror’s acceptance of Section V: General Terms and Conditions and Section VI: Special Terms and Conditions.
E. OFFERORS REPRESENTATION:
Offerors, by submission of a proposal, represent that they have read and understand the solicitation documents and specifications and have familiarized themselves with all federal, state and local laws, ordinances, rules and regulations that may affect the cost, progress or performance of the work.
The failure or omission of any Offeror to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site, shall in no way relieve the Offeror from any obligations with respect to its proposal or to the contract.
F. PROPOSAL ACCEPTANCE PERIOD:
Any proposal in response to this solicitation shall be valid for 180 days. At the end of the 180 days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
G. IDENTIFICATION OF PROPOSAL ENVELOPE:
Envelopes containing proposals shall be sealed and marked in the lower left-hand corner with the solicitation number, commodity, hour and due date of the proposal. A sample of a return mailing label for identifying the package as a sealed proposal has been provided as Attachment D. This format should be used on your response envelope. It is further suggested that if you submit your proposal by a courier such as FedEx or UPS, and place your sealed envelope inside the courier’s envelope, that you clearly mark the courier’s envelope with the same information. The courier’s envelope should be addressed as directed on the cover page of the solicitation.
Proposals may be hand delivered to the Issuing Agency's Purchasing Office, however, ample time must be allowed for security check-in at the front desk and getting to the Purchasing Office prior to the closing time for the solicitation.
No other correspondence or other proposals should be placed in the envelope.
H. EVALUATION CRITERIA:
Proposals will be evaluated by the DOC/DJJ using the following criteria:
1. The composition of the Offeror, including key personnel committed to this project, and the Offeror’s capacity to provide high quality inmate phone services and managed access services as sought by the Department of Corrections;
2. The quality, performance, and specifications of the proposed equipment and services;
3. The Offeror’s pricing proposal;
4. The Offeror’s plan to assist the DOC/DJJ to meet its objectives as defined in Section IV: Statement of Needs;
5. The contractual terms which would govern the relationship between the DOC/DJJ and the selected Contractor; and
6. The Offeror’s Small Business Subcontracting Plan.
I. AWARD OF CONTRACT:
Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the DOC/DJJ shall select the Offeror, which, in its opinion, has made the best proposal, and shall award the contract to that Offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, §2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one Offeror is
RFP# DOC-14-105
fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Contractor’s proposal as negotiated.
II. SUPPLIER DIVERSITY:
A. POLICY:
It is the policy of the Commonwealth of Virginia to contribute to the establishment, preservation, and strengthening of small business and businesses owned by women and minorities and to encourage their participation in State procurement activities. The Commonwealth encourages Contractors to provide for the participation of Department of Minority Business Enterprise (DMBE) certified small businesses (which includes businesses owned by women and minorities) through partnerships, joint ventures, subcontracts, or other contractual opportunities. By submitting a proposal, Offerors certify all information provided in response to this RFP is true and accurate. Failure to provide information required by this RFP will ultimately result in reduced scoring of the proposal.
B. PARTICIPATION:
All information requested by this RFP on the ownership, utilization and planned involvement of DMBE certified small businesses must be submitted. If an Offeror fails to submit all information requested, the Department of Corrections may require prompt submission of missing information after the receipt of proposals.
C. SUBMISSION REQUIREMENTS:
The Offeror must submit data for small business including: (1) ownership, (2) utilization of DMBE certified small businesses over the recent 12 months, and (3) planned involvement of DMBE certified small businesses on the procurement resulting from this solicitation. The format for submission of this data is included in Attachment B.
D. PERIODIC AND FINAL SMALL, WOMAN AND MINORITY-OWNED VENDOR
(SWaM) REPORTS/INVOICES:
1. PERIODIC PROGRESS REPORTS/INVOICES:
The Contractor shall submit a quarterly report on involvement of small businesses and businesses owned by women and minorities. The report will specify the actual amounts of dollars spent with SWaM businesses to support any contract resulting from this solicitation. The report shall specify the DMBE SWaM certification(s) held by the business(es), the Subcontractor’s Federal Identification Number (FIN), the dollar amount of the subcontract expenditure (for the specific quarter being reported) and the Contract Number. The Contractor shall submit two (2) copies of the report to the DOC (one to the Contract Administrator and one to the Contract Officer). The quarterly reports shall be for the periods of: July through September; October through December; January through March; and April through June. The reports shall be submitted October 10, January 10, April 10 and July 10 of each contract year. Failure to submit the required SWaM reports may result in invoices being returned without payment.
2. FINAL ACTUAL INVOLVEMENT REPORT:
The Contractor shall submit, prior to final payment, a report on the actual dollars paid to small businesses and businesses owned by women and minorities during performance of any contract resulting from this solicitation. At a minimum, the report shall include for each business, the DMBE SWaM certification(s) (small, woman or minority owned) and a comparison of the total actual dollars spent with SWaM businesses to support the contract versus the Contractor’s planned expenditures with SWaM businesses (submitted with proposal package).
III. BACKGROUND:
The Department of Corrections is composed of 38 institutions with a population of approximately 30,000 adult offenders. The average length of stay for an offender, as of March 2013, was approximately 36 months, and there are approximately 12,000 new intakes and releases per year. The DOC currently has a contract with Global Tel Link for inmate phone services, and the main priority of this RFP is to establish a new contract for inmate phone services. The DOC also seeks to pilot managed access cell phone technology.
IV. STATEMENT OF NEEDS:
The Contractor shall:
A. Provide and maintain an inmate phone system and agree to:
1. Provide all equipment and software necessary to provide the services requested, to include but not limited to: telephone sets, wiring, connectors, jacks, etc. The Contractor shall utilize any existing hardware belonging to the DOC/DJJ that is available, if it is deemed to be suitable. (Note: Any materials currently belonging to the DOC/DJJ shall remain the property of the DOC/DJJ.) All equipment should be of a heavy construction and considered vandal-proof by telephone industry standards. Security phone sets will be provided by the Contractor. All sets shall be the property of the Contractor. The DOC/DJJ will determine the number of telephones and locations of all equipment at each institution (see Attachment 1 & 3). The Contractor will provide services to all institutions required by the DOC/DJJ including current, new and privatized institutions.
2. Repair and maintain all hardware and software in the system, to include any currently existing hardware that the Contractor chooses to utilize. The Contractor shall be responsible for all charges related to the installation, repair, or maintenance of all hardware/software related to the inmate telephone system for the term of the contract and limited to: line charges, connection fees, or other charges generated by local telephone companies or long distance telephone companies that may be utilized by the Contractor. All work performed by the Contractor shall be at the Contractor’s expense and shall not be billed to the DOC/DJJ. Transition plan concerning the above reference actions needs to be listed in response to the RFP. 3. Provide and install all additional and replacement wire and/or cable necessary for
the operation of the proposed system. The Contractor shall provide and install all wire and/or cable required at new facilities and may make a one-time/per facility
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charge against the commissions paid to the DOC/DJJ based upon actual cost of installation subject to DOC/DJJ approval. All wire and/or cable installed becomes the property of the DOC/DJJ. The installation and materials used must conform to industry as well as DOC/DJJ security standards.
4. Order all lines and make all necessary connections to make sets active and for mounting all Contractor-owned equipment.
5. Provide the DOC/DJJ thirty (30) day written notice of pending rate charge changes and the new rates to be charged.
6. Provide a system whereby telephone calls are not operator assisted, but are voice activated collect calls, prepaid or debit calls that include local and long distance calls. State the options available to the DOC and recommend a program that would require limited administrative involvement by the DOC. The desired system languages are English and Spanish. Further, the phone system will be compatible with the needs of deaf inmates, and offer video phones for deaf offenders. Currently, Powhatan Correctional Center, Fluvanna Correctional Center for Women, and Greensville Correctional Center house deaf inmates, and the DOC anticipates that three video phones would be needed at Powhatan and one video phone at Fluvanna and one at Greensville. Hard of hearing offenders exist throughout DOC though, and the phone system should accommodate such offenders. In addition, the system will:
7. Offer a programmable time limit restriction on calls with a notification of cut-off. 8. Assign a permanent ID number to each inmate to allow system access and use.
Upon DOC/DJJ request, DOC/DJJ inmate ID#’s may be changed.
9. Include remote cut-off switches at each installation site to allow the system to be disengaged by the DOC/DJJ. The Contractor will provide and install cut-off switches.
10. Provide a system capable of furnishing a maximum of 15 numbers to each inmate. The system should be automated to allow for the inmate to be responsible for programming, maintaining, and updating the system with approved numbers. All updates should be made same day.
11. Brand each call with the name of the facility and the name of the inmate placing the call.
12. Deny all incoming calls.
13. Detect and prevent a call to be transferred to a third party within the limits of current technology.
14. Provide inmates in segregation with mobile headsets to place phone calls.
15. Terminate a call completely when the caller hangs up, the called party hangs up when the system’s time limit parameter is reached or when a third party call orcall
forwarding is detected. The inmate will be required to go through the automated operator or voice activator to initiate another call. The entire dial command sequence must be repeated.
16. Offer each institution the capability of remotely monitoring and recording any calls on any lines using equipment provided and installed by the Contractor. The DOC/DJJ Central Office should have the capability of remotely monitoring any calls on any lines in any DOC institution using equipment provided and installed by the Contractor.
17. Offer a monitoring system that incorporates a Gang Management component that will include but is not limited to: identification and tracking of gang member calls and their call patterns, reporting capabilities identifying all calls made by gang members and indicating gang affiliation by facility, and identify phone numbers gang members call and indicate report whether other inmates are calling the same numbers.
18. Offer the capability of automatically recording all calls made from the inmate telephone system, and the capability to track and retrieve recorded conversations via inmate ID number, destination number, time of call, point of origin, or duration of call. The system should also offer the ability to query based on specific words and/or phrases. This feature is to be available at each DOC/DJJ site designated by the DOC/DJJ. The system should allow for storage of this information for a minimum of twelve months. The Contractor shall provide the necessary supply of media to meet the required storage needs.
19. Offer biometric voice identification technology to enroll, validate monitor and continuously identify all inmates speaking on phone calls. The biometric voice identification system shall include comprehensive investigative features.
20. Offer a blocking feature to ensure that specific numbers are not called (i.e. 911, 976, 950, 800, etc.). In addition, the system shall allow for individual telephone numbers to be blocked based upon subscriber request.
21. Offer a feature for blocking large number ranges, such as for State college dormitories.
22. Not require DOC/DJJ personnel to assist with the placing of a call.
23. Include an accounting package that will provide detailed cost figures on all calls placed and provide revenue accounting on a monthly basis.
24. Include capability for access to the Sex Abuse Hotline, and other special needs identified by the DOC/DJJ.
25. Agree that in the event of a transition to another inmate phone contractor, all equipment will remain with the DOC/DJJ until new equipment is installed by the new contractor. Provide the DOC/DJJ and the new contractor assistance for transition to a new contract at the termination of the contract resulting from this RFP.
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26. Provide the DOC/DJJ revenue on a monthly basis based upon monthly telephone billings. The Contractor shall pay the DOC/DJJ a 35% proportionate share of revenues generated by calls made on the inmate telephone system.
27. Provide administrative staff that will be on site at DOC Headquarters to manage the DOC/DJJ accounts. The Contractor shall be required to pay for all background checks processed for its on-site staff at a rate of $50.00 per background check. 28. Provide for an external audit of services on an annual basis by an independent
auditing firm verifying the Contractor’s timing and billing systems are accurate and capture all calls. Selection of the independent auditing firm shall be subject to DOC approval. The staff that performs the audit will be subject to background checks in advance of entering DOC/DJJ facilities. The Contractor shall be required to pay the DOC for the background checks processed ($50.00 per background check).
29. Provide 100% funding for the DOC’s automated victim information program (Victim Information and Notification Everyday - VINE) with Appriss. The service costs between $75,000 and $100,000 annually.
30. Agree to provide the DOC with an annual technology refresh to ensure the DOC is offered the latest inmate phone technology that the Contractor offers.
B. Provide and maintain a managed access cell phone system pilot system at Greensville Correctional Center and Powhatan Correctional Center and agree to:
1. Provide detailed information regarding their ability to provide managed access cell phone services.
2. Furnish, provide, and maintain a “managed access” micro-cellular private network system to control access to public carriers by analyzing transmissions to and from wireless mobile communication devices in a designated coverage area.
3. Provide all equipment, cabling, software, supplies and labor to install and maintain the system. All equipment should be of a heavy construction and considered appropriate for a correctional setting.
4. Repair and maintain all hardware and software in the system, to ensure that the system is current and capable of managing all cell phone calls from any cell phone that is able to be operated within the Commonwealth of Virginia. The Contractor shall be operationally and financially responsible for all charges related to the installation, repair, or maintenance of all hardware/software related to the managed access system for the term of the. All work performed by the Contractor shall be at the Contractor’s expense and shall not be billed to the DOC/DJJ.
5. Provide preventive maintenance, parts, and service for the system during the duration of any resulting contract to ensure that the system is operational and working as designed no less than 99% of the year.
6. Train all applicable DOC employees who are assigned responsibilities related to the operation of the system.
7. Provide a system that does not violate any federal, State, or local laws.
8. Obtain all required Federal Communications Commission (FCC) licenses or any other approvals needed to utilize the system at a DOC facility.
9. Provide a system that does not interfere with any wireless equipment (two-way radios, Wi-Fi equipment etc.) already operating at either facility. Contractor and the contractor’s managed access system also shall not interfere with, damage or disable any existing facility equipment, system, or device. This includes but is not limited to two-way radio systems, telephone and data systems (other than applicable cellular devices), fire alarm systems, environmental control systems, lighting, motors, pumps, and electrical equipment. Should any damage occur, the Contractor shall be responsible for any repairs required.
10. The managed access system also should:
A. Allow the DOC to remotely disable unauthorized cellular devices without the necessity of having to physically locate the devices.
B. Capture all voice, text, and data cellular communications conducted within DOC property and not interfere with communication signals made outside of DOC property.
C. Analyze the identifying information of the device against a database that lists wireless devices authorized to operate in the coverage area.
D. Allow authorized devices to communicate normally (i.e., transmit and receive voice, text, and data) with the commercial wireless network.
E. Terminate communication of unauthorized devices (i.e., transmit and receive voice, text, and data).
F. When an unauthorized transmittal has been identified, notify the applicable user that the device is unauthorized.
G. Provide a reconfigurable architecture that can simultaneously address different communication standards.
V. GENERAL TERMS AND CONDITIONS:
A. VENDORS MANUAL:
This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any revisions thereto, which are hereby incorporated into this contract in their entirety. 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 www.eva.virginia.gov/learn-about-eva/vendors-manual under “Manuals”.
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 and any litigation with respect thereto shall be brought in
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the 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 his/her proposals, Offerors 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. 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 or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, §2.2-4343.1E)
In every contract over $10,000 the provisions in 1. and 2. below apply:
1. During the performance of this contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
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 his/her proposals, Offerors certify that his/her proposals are made without collusion or fraud and that they have not offered or received any kickbacks or
inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with his/her proposal, 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:
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 submitting his/her proposals, Offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
G. ANTITRUST:
By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS:
Failure to submit a proposal on the official state form provided for that purpose may be cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.
I. CLARIFICATION OF TERMS:
If any prospective Offeror has questions about the specifications or other solicitation documents, the prospective Offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.
J. PAYMENT:
1. To Prime Contractor:
a. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number, social security number (for individual Contractors)
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or the federal employer identification number (for proprietorships, partnerships, and corporations).
b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.
c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed.
d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.
e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges, which appear to be unreasonable, will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the Contractor, in writing, as to those charges, which it considers unreasonable, and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges, which are not in dispute (Code of Virginia, §2.2-4363).
2. To Subcontractors:
a. A Contractor awarded a contract under this solicitation is hereby obligated: (1). To pay the subcontractor(s) within seven (7) days of the
Contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or
(2). To notify the agency and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.
b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any
payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.
3. Each prime Contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.
4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.
K. PRECEDENCE OF TERMS:
The following General Terms and Conditions: VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986. DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
L. QUALIFICATIONS OF OFFERORS:
The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the Commonwealth that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.
M. TESTING AND INSPECTION:
The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
N. ASSIGNMENT OF CONTRACT:
A contract shall not be assignable by the Contractor in whole or in part without the written consent of the Commonwealth.
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Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An 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 Department of Corrections 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. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department of Corrections a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the Department of Correction’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Department of Corrections with all vouchers and records of expenses incurred and savings realized. The Department of Corrections 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 Department of Corrections within thirty (30) days from the date of receipt of the written order from the Department of Corrections. 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 Department of Corrections 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, after due oral or written notice, may procure them 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 proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the Contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.
If awarded a Contract, the Offeror shall provide a current Certificate of Insurance naming the Commonwealth of Virginia, Department of Corrections as an additional insured for the stipulated coverage and shall include the applicable contract number on the certificate. The Offeror named on the Certificate of Insurance shall correspond to the Offeror’s information provided on Attachment A: Proposal Form.
INSURANCE COVERAGES AND LIMITS REQUIRED:
1. Worker's 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 under the Code of Virginia
during the course of the contract shall be in noncompliance with the contract. 2. Employers Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence. 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 must be named as an additional insured and so endorsed on the policy.
4. Automobile Liability - $1,000,000 per occurrence.
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 on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.
S. DRUG FREE WORKPLACE:
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, marijuana or alcohol is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii)
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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 in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance, marijuana or alcohol 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, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of their objection, access to equivalent goods, services, or disbursements from an alternative provider.
U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION:
The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All offerors must register in eVA and pay the Vendor Transaction Fees; failure to register will result in the proposal being rejected.
Effective July 1, 2011, vendor registration and registration-renewal fees have been discontinued. Registration options are as follows:
a. eVA Basic Vendor Registration Service: eVA Basic Vendor Registration Service includes electronic order receipt, vendor catalog posting, on-line registration, electronic bidding, and the ability to research historical procurement data available in the eVA purchase transaction data warehouse.
b. eVA Premium Vendor Registration Service: eVA Premium Vendor Registration Service includes all benefits of the eVA Basic Vendor Registration Service plus automatic email or fax notification of solicitations and amendments.
Vendor transaction fees are determined by the date the original purchase order is issued and are as follows:
a. For orders issued prior to August 16, 2006, the Vendor Transaction Fee is 1%, capped at a maximum of $500 per order.
b. For orders issued August 16, 2006 thru June 30, 2011, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.
c. For orders issued July 1, 2011 thru June 30, 2013, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.
d. For orders issued July 1, 2013 and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.
V. PROPOSAL PRICE CURRENCY:
Unless stated otherwise in the solicitation, offerors shall state offered prices in US dollars.
W. 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
VI. SPECIAL TERMS AND CONDITIONS:
A. ASBESTOS:
Whenever and wherever during the course of performing any work under this contract, the Contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the Contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the Contractor is delayed due to the discovery of asbestos or
