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RFP# 720-4742
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THE DEPARTMENT OF BEHAVIORAL HEALTH AND
DEVELOPMENTAL SERVICES (DBHDS)
1220 BANK STREET
RICHMOND, VA 23219
Issue Date, October 18, 2019 RFP# 720-4742 – V2
Title: Automatic Dispensing Cabinet Systems
Commodity Code: 26900, 26972, 27100, 46500, 46575, 47569 & 96757
Issuing Agency: Commonwealth of Virginia
Department of Behavioral Health and Developmental Services
Procurement Office
1220 Bank Street, Richmond, VA
Richmond, Virginia 23219
Using Agency And/Or Location
Where Work Will Be Performed: Statewide DBHDS Community Service Boards, Training Centers
and hospitals
Initial Period of Contract: From One (1) Year from Date of award; Four (4) One-Year Renewal Options in accordance with
Section IX, Clause D.
Sealed Proposals Will Be Received Until Friday, December 6, 2019. For Furnishing The Goods/Services Described Herein.
All Inquiries for Information Should Be Directed To: [email protected] Phone: (804) 663-7279.
ALL PROPOSALS MUST BE MAILED OR HAND DELIVERED TO ISSUING AGENCY SHOWN ABOVE TO THE
ATTENTION OF (Denise Jackson). NOTE: It is recommended that SEALED PROPOSALS be submitted in advance of the
due date and time set for receipt of proposals.
In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby
offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed
upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any
schedule attached hereto is true, correct, and complete.
* Virginia Supplier License No. _____________________ * DSBSD-certified Small Business No. ________________
Class: __________ Specialty Codes: __________________
Name And Address Of Firm:
_____________________________________________ Date: ________________________________________
_____________________________________________ By: ________________________________________
_____________________________________________ (Signature In Ink)
__________________________Zip Code: ___________ Name: _____________________________________
eVA Vendor ID or DUNS #: ______________________ (Please Print)
Fax Number: (___) ____________________________ Title: _____________________________________
E-mail Address: _______________________________ Telephone Number: (___) _______________________ PREPROPOSAL CONFERENCE: An Optional proposal conference will be held on Wednesday, October 30, 2019 from 1pm – 3pm at the Department of Behavioral Health and Developmental Services, (Jefferson Building), 1220 Bank Street, 1
st Floor Lobby, Richmond, VA 23219. (Reference: Paragraph VI herein).
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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 offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation,
gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination
in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General
Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that request
for proposal.
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TABLE OF CONTENTS PAGE
I. PURPOSE 4
II. BACKGROUND 4
III. SCOPE OF WORK 5
IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 12
V. EVALUATION AND AWARD CRITERIA 14
VI. REPORTING AND DELIVERY INSTRUCTIONS 15
VII. PREPROPOSAL CONFERENCE 15
VIII. CORE TERMS AND CONDITIONS 15
IX. REQUIRED EVA TERMS AND CONDITIONS 23
X. IT SPECIAL TERMS AND CONDITIONS 23
XI. SPECIAL TERMS AND CONDITIONS 30
XII. METHOD OF PAYMENT 35
ATTACHMENT A: SMALL BUSINESS SUBCONTRACTING PLAN 37
ATTACHMENT B: OFFEROR’S DATA SHEET 39
ATTACHMENT C: STATE CORPORATION COMMISSION FORM 40
ATTACHMENT D: PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION 41
ATTACHMENT E: BUSINESS ASSOCIATE AGREEMENT 42
ATTACHMENT F: SUMMARY PRICE SHEET 45
ATTACHMENT G: MAPS OF HOSPITALS, FACILITIES AND CSB’S 46
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I. PURPOSE: The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified vendors to establish a
Contract through competitive negotiation for the purchase of Automatic Dispensing Cabinet Systems for the
Department of Behavioral Health and Developmental Services (DBHDS) Pharmacy Department; to include (DBHDS)
State hospitals, Catawba Hospital, Central State Hospital, Commonwealth Center for Children & Adolescents
(CCCA), Eastern State Hospital, Northern VA Mental Health Institute, Piedmont Geriatric Hospital, Southern
Virginia Mental Health Institute, Southwestern Virginia Mental Health Institute, and Western State Hospital.
Training Centers, Central Virginia Training Center, Southeastern Virginia Training Center, Virginia Behavioral
Rehabilitation Center, Hiram Davis Medical Center and the Community Service Boards (CSBs) (see Attachment G)
that may elect to utilize the goods/services available under any Contract(s) resulting from this solicitation. Any
resulting Contract(s) will not guarantee any business to any Supplier, but will provide a method to obtain
goods/services on an as needed basis.
II. BACKGROUND:
DBHDS State hospitals provide highly structured intensive inpatient services, including a range of psychiatric,
psychological, psychosocial rehabilitation, nursing, support, and ancillary services. Specialized programs are provided
to older adults, children and adolescents, and individuals with a forensic status. The Department operates eight state
hospitals for adults across Virginia: Catawba Hospital (CAT) in Salem, Central State Hospital (CSH) in Petersburg,
Eastern State Hospital (ESH) in Williamsburg, Piedmont Geriatric Hospital (PGH) in Burkeville, Northern Virginia
Mental Health Institute (NVMHI) in Falls Church, Southern Virginia Mental Health Institute (SVMHI) in Danville,
Southwestern Virginia Mental Health Institute (SWVMHI) in Marion, and Western State Hospital (WSH) in
Staunton. The Commonwealth Center for Children and Adolescents (CCCA) in Staunton is the only state hospital for
children with serious emotional disturbance. (NOTE: The current state hospital operating bed capacity for the above
is ~2500 beds.)
Training centers provide an array of person-centered services and supports focused on developing skills needed for
successful community living to persons with intellectual disability that require highly intensive and structured
environments of care. Although their traditional function has focused on longer-term care, training centers also
provide short-term respite and emergency care and offer an array of dental, behavioral, and other therapeutic services
and supports to individuals receiving community-based supports. The Department currently operates two training
centers to serve individuals with intellectual disability: Central Virginia Training Center (CVTC) in Lynchburg and
Southeastern Virginia Training Center (SEVTC) in Chesapeake. (NOTE: The current training center’s operating bed
capacity is ~200 beds.)
The Hiram Davis Medical Center (HDMC), is located on the Southside Campus in Petersburg, provides medical and
skilled nursing services to individuals receiving state facility services who have serious physical and medical care
needs. The current HDMC operating bed capacity is 90 beds.
The Virginia Center for Behavioral Rehabilitation (VCBR) provides evaluation and rehabilitation services in a secure
setting to individuals committed to the Department. The current VCBR operating bed capacity is 450 beds.
Pharmacy Services in The Department of Behavioral Health and Developmental Services (DBHDS) is a vital clinical
service within the Healthcare System of the Agency. DBHDS Facility Pharmacy Services provides pharmaceutical
care and medication dispensing services to inpatient clientele within these facilities.
DBHDS is looking to standardize its medication distribution and administration processes - as appropriate - in its
facilities and Community Sector if applicable. The DBHDS goal is to improve patient safety by minimizing the risk
of medication errors and to improve medication security.
In a recent study, it was noted that the types and potential clinical significance of medication administration errors in
long term care settings were observed (in non ADC locations) during medication passes on day and evening shifts
giving medications to over than 500 residents. The total number of administrations exceeded 4,850 medication
RFP# 720-4742
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administrations. The average error rate was approximately 28%.1.
https://www.journalofnursingregulation.com/;
Young, 2011
To minimize the potential for medication administration errors in DBHDS, to support automation and current
technological trends DBHDS would like to upgrade its current medication management system[s] to implement
automated dispensing cabinets in DBHDS facilities statewide and Community Service Boards and related clinics, if
applicable. ADCs must interface with the DBHDS Pharmacy information system accordingly.
Approximately 5,000 medication doses are administered daily in DBHDS facilities where the census can vary
per unit.
At least in one (1) DBHDS facility, AcudoseRX, manufactured by Aesynt, Inc., is used throughout the hospital
to track and dispense medications. Omnicell acquired Aesynt in 2016 and has since ceased production of
AcudoseRX. Because of this situation, we are not able to continue ordering AcudoseRx ADCs and or replace
any that might be outdated with new AcudoseRX cabinets utilizing the existing system infrastructure. We would
like to expand the automated dispensing workflow to allow for a cart less delivery model as well as bring
automated dispensing cabinets into interested facilities plus any new wards / units being built for an expanding
sites.
The Contractor must possess extensive prior experience in implementing automated dispensing technology in
hospital settings and ideally, in Behavioral Healthcare settings as well.
III. SCOPE OF WORK
GENERAL REQUIREMENTS
The Contractor will furnish and install ADC systems in specific DBHDS hospitals and facilities on an as needed
basis. The ADC solution will need to support a decentralized dispensing model (cart less system) as well as
centralized model. Additionally, at least in one (1) DBHDS facility, COWs (carts on wheels) will be utilized and
must be integrated with the technological solution.
The new solution will include the point of care dispensing cabinets, analytics software package, specified
accessories and software features, server infrastructure, and associated licenses. The system will be configured
and installed in unique DBHDS facilities. The solution must have a proven ability to interface with DBHDS’s
Electronic Health Record system (Cerner Millennium, Cerner Soarian) via interface. DBHDS is not seeking a
supplier-hosted/cloud solution.
For WSH & Piedmont, the system must also interface with the existing Omnicell (formerly Aesynt) ConnectRX
(central pharmacy backbone and central pharmacy automation) components which will allow for the
replenishment of the point of care dispensing machines via automated processes. At WSH, this includes utilizing
the existing RobotRX and Pacmed.
This technology is a critical component for DBHDS Pharmacy services and needs to meet both the clinicians’
and patient’s needs. DBHDS Nursing and Pharmacy teams cannot provide timely, safe, and appropriate patient
care without automated dispensing systems in place.
SPECIFIC REQUIREMENTS
Salient Specifications / Characteristics
The following are the salient characteristics for Automated Dispensing Cabinet needs in DBHDS. Based on the
DBHDS Facility, the needs will vary. The medication dispensing cabinets and hardware equipment specifications
must be designed to meet each DBHDS Pharmacy, facility and Engineering requirements. Specifications of all
hardware and software shall be provided to the Contracting Officer Representative (COR) to obtain a technical review
before final approval.
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General Specifications
Bidirectional interface with Cerner Millennium Pharmacy application
Fingerprint capability; e.g., BIOID (Biometric authentication)
Console-BIOID
Automated reorder button bars
Capable to store bulk supplies/medications
Easy to use interface
On wheels for easy movement
Cabinets must be secured with capability to override manually to provide nursing access to all contents of ADC
in an emergency.
User ID/Password capability
Full doors on each Cell where possible
Software license, open supply
Scanner, wired 1, 2, 3 cell; supports wireless if needed
Data should be mirrored to a backup server and protected from fire or other natural disasters
Must have the ability to set up a "test" environment for testing and implementation
Production and TEST servers should be available to Rx staff in the Rx department
Provide up to date and robust training modules by user type
Capable of storing pts location/unit, movement in facility, date of birth, sex, active med orders, d/c orders and
remove from profile, allergies, notes/comments
Able to separate meds by category controlled, non-controlled, OTC, supplies
Provide ad hoc and canned station inventory reports and system activity reports
Supports user assess restrictions by templates or user type
Supports functionality of returning meds to cabinet (return bin)
Supports unlimited patient entry (e.g., patient doesn't delete after 1 year)
Supports inventory and enhanced security features for DEA Controlled Narcotics
Detailed Specifications
Computerized 2-drawer, 5-drawer, and 6-drawer main cabinets or larger if needed
Must accommodate wide range of drawer options which are configurable to accommodate a variety of
medications, controlled substances, and supplies as well as various dosage forms of each. The drawers should
be user configurable and include: high security locking bins, open matrix drawers, full height and half-height
options, and optional locked return bin
Must have large, touch screen, flat-panel monitor, sealed keyboard, biometric (fingerprint) access system, and
barcode scanner
Supports or provides an integrated label printer capable of printing patient name, room-bed, medication name,
and medication NDC barcode
Must include enhanced safety features that reduce medication errors including the use of barcode scanning for
stocking and removal of medications
Must be configurable to allow dispensing from a patient’s medication profile or open inventory depending on
the needs of the unit, ward or clinic
Standard AC outlet (110v)
Must be able to connect to more than one auxiliary cabinet at once
Operating system- preferably Windows 10 (this operating system has self-contained virus security)
7-Drawer Auxiliary or Similar
Must attach to any of the above main cabinet configurations
Must accommodate various drawer options which are configurable to accommodate a variety of medications,
controlled substances, and supplies as well as various dosage forms of each. The drawers should be user
configurable and include: high security locking bins, open matrix drawers, full height and half-height options
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Standard AC outlet (110v)
Auxiliary Tower
Must attach to any of the above main cabinet configurations
Accommodate multiple shelves or drawers via individually locked doors and allow for multiple different line
items per shelf
Should allow multiple different items per shelf location
Standard AC outlet (110v)
Must store at least 60 large line items
Capable of storing 48 (or more) unit dosed medications per drawer for optimal storage capacity if needed
Ideal dimensions for components
(Note: dimension requirements may vary between locations)
Depth of any medication cabinet or tower should not exceed 29”
Main (5 or 6 drawer) and Auxiliary (7 drawer) should not exceed 68”combined width
Main (5 or 6 drawer) and Auxiliary Tower (full or half height) should not exceed 68” combined width
Main (5 or 6 drawer), Auxiliary (7 drawer), and Auxiliary Tower (full or half height) should not exceed 78”
combined width
Data Analytics and Reporting Tool
The system must include a data analytics platform which allows for quick and accurate analysis and reporting
The analytics platform should be a web-based application
Reports generated must include: user activity and transactions, problem areas, stock outs, trends and must
include anomalies to detect narcotic diversion
Must track all user activity to increase accountability and identify potential diversion
Must be capable of archiving data for a period of at least 7 years and this data must be readily retrievable and
exportable in an easy to use format whether archived or not.
ADC SYSTEM REQUIREMENTS AND FUNCTIONALITY
Must have the capability to interface with Cerner electronic health records Millennium software
Must have biometric user identification functionality to access ADC system, using current technology that
is National Institute of Standards and Technology (NIST) and Federal Information Processing Standards
Publications (FIPS) 201 certified.
Must have 2D or 3D barcode scanner installed on each ADC system; must have option to require scanning
of medications upon loading and refilling using pre-defined parameters.
Must recognize National Drug Codes.
Must have self-contained capability to download timely First Data Bank drug updates.
Must have medication profiling system to view patient-specific medication orders, administration times,
and listed allergies at the ADC. Further, profiling system will limit access to medications that have been
reviewed and approved by a pharmacist.
Must provide override capability when a medication that has not been reviewed and approved by a
pharmacist, needs to be accessed from the ADC under certain predefined criteria (to be determined by
DBHDS), i.e., clinically urgent or stat medication order. In these instances, the designated nurse must be
prompted to describe the reason for the override.
Must be capable of running a report that allows for retrospective review and investigation of causes of
medication overrides.
Must have allergy alert system at the ADC for dispensing a medication that has not been reviewed and
approved by a pharmacist.
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Must have web-based access from remote workstations that allows nurses to review their patients’
medication records and then queue the medications to be administered at a given time, so they can be
ready for withdrawal at the ADC.
Must have secure medication return bin installed as part of the ADC system, along with process at the
ADC screen for the nurse to enter reason for return.
Must have locked, lidded bins in the ADC drawers so that only one medication at a time is accessed; will
allow one drawer per ADC system to have open, non-lidded bins.
Must have “user friendly” process at the ADC that allows the nurse to quickly and easily identify the
correct location of each medication.
Drawer and bin configuration must be flexible to allow Pharmacy to adjust each ADC system’s
configuration to meet changing medication needs over time.
Must have capacity for touch screen and keyboard access to all ADC systems; keyboard needs to be
protected from spills and easily cleaned.
Must have option for the nurse to print receipt of medications removed from ADC.
Must have system alert for the nurse if attempting to remove medication outside of administration time
range allowed by hospital, or if attempting to remove a medication that is more or less than the ordered
quantity.
ADC must have capability of each unique facility to assign the Order lag time and Order Lead time based on
facility policies/nursing needs
Must have monitoring system that provides report of incorrect access to ADC.
ADC drawers must lock automatically when closed in a configurable, set time frame.
All ADCs must log the nurse off automatically after a configurable, defined time period.
If a bin or drawer fails to open, it must not affect the use of the other parts of the ADC.
When Pharmacy is closed, the nurse must be able to search on system for a new medication in other ADCs
if the medication is not stocked on that unit.
When a patient is transferred to a new care unit, the ADC must have functionality to view all patients at
each cabinet either by entire facility or by individual nursing unit.
Refrigerated medications must be securely accessed through the ADC system and the system must monitor
medication refrigerator temperatures and provide notification on the system of temperatures that are out of
range.
Must allow the nurse to highlight the list of those medication orders on each patient profile for a specified
timeframe, e.g., for a medication pass that is due; the nurse must have the option to highlight a list of
assigned patients and their medication administration times.
At ADC, medications are searchable by generic and or brand names in either format.
There shall be no discrepancies in the display of medication names on the Electronic Medication
Administration Record (eMAR) and ADC screen.
Functionality to flag and or highlight those patients with the same last name; system should provide ability
to search and report of this information.
When a medication has been recalled by the manufacturer, system must be searchable to identify the
recalled item; ADC must have functionality to restrict access at the ADC.
In the event of a system failure, (e.g., power outage), must have manual access to the medication in the
ADC(s).
Must have controlled substance management software and monitoring system in pharmacy that is linked to
the ADC systems to include reporting, perpetual inventory, and bar code support features.
Must allow the nurses on each unit to inventory only those controlled medications that have been accessed
at the ADC since the last count.
Must be able to generate standard reports from the ADC, remotely from a networked workstation and from
pharmacy.
Reporting needs to be web-based; need capacity to email reports and/or export into Microsoft Excel
Must be able to automatically generate scheduled reports
Must have to monitor critically low stock levels or out of stock items, and the process to adjust par levels;
must be user-friendly.
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ADCs shall have capability to set up different security levels. Access shall be regulated by specific user roles.
User Roles
1. Administrator-Pharmacists and or, Pharmacy Director Designee:
All access to the ADC software/hardware and servers housed in the pharmacy department
Must have self-contained functionality and capability to download (upon request) upcoming First Data
Bank updates to the Formulary
2. Supervisor-RNs:
Have dispenser rights and supervisor override, limited order entry
3. Dispensers-LPNs, RNs:
Dispensing meds from unit
4. Stocker-Pharmacy Techs, Pharmacists:
Ability to load and unload as necessary, physical medications into the ADC
IT-RELATED REQUIREMENTS:
All ADCs and the required backend servers will be configured on the DBHDS network.
All backend servers will be located in the Specified area of need to be discussed during
negotiations. The server areas are over a 150Mb connection and the Supplier must identify if these
connection speeds are sufficient for reasonable response times of ADC functionality.
It is expected that the ADC units and backend servers will use the DBHDS Windows Server
Update Services (WSUS). Suppliers must identify any issues with using the DBHDS WSUS.
It is expected that the ADC units and backend servers will use the DBHDS Anti-Virus software
(currently McAfee. Suppliers must identify any issues with using the DBHDS Anti-Virus software.
It is expected that the Supplier will utilize the DBHDS VPN connection (Cisco AnyConnect) for all
remote access to the ADCs and backend servers. Suppliers must identify any issues with using the
DBHDS VPN for all remote connections. All connections and transmissions to/from outside of the
DBHDS network must be encrypted.
It is expected that the ADC units and backend servers will utilize the DBHDS Enterprise Active
Directory (EAD) for authentication and authorization. Suppliers must identify any issues with
integration into the State Active Directory.
It is expected that ADC software that allows for selected functions will be installed on existing
DBHDS PCs (Windows 7 Enterprise) and Thin Clients (Windows Server 2008 R2 Data Center).
Suppliers must identify any issues with installation of the ADC software on existing DBHDS PCs
and Thin Clients.
It is expected that the ADC units do not need to be backed up. Suppliers must identify, if the ADC
units need to be backed up, and if so, provide an estimate of the amount of disk space that must be
backed up.
All equipment must be supported and maintained for a minimum of five years. Equipment
maintenance shall be included in the price covering a five year period.
The Supplier will provide a single contact number for DBHDS IT staff to report equipment and
software issues.
The Supplier must describe the process of how all patients and medications data stored in the ADC
system will be made accessible in a useable format upon termination of the agreement.
The Supplier must provide details for two different backend server solutions. The DBHDS will
review options and choose the solution that best meets our needs from the following:
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BACKEND SERVER SOLUTION #1:
Supplier Turn-Key Server Solution
Supplier must provide detailed configuration documents including diagrams for a Supplier Turn-Key
server solution. The detailed configuration documents must address the following items:
The Supplier is 100% responsible for all equipment, Operating Systems, software, installation,
configuration, licensing, testing, repair, warranty, backup, restoration and disaster recovery.
DBHDS staff will work with the Supplier to resolve any issues that overlap with DBHDS IT
responsibility such as networking, Active Directory, remote access, and security.
The servers will be located at the hospitals and facilities and the Supplier must meet DBHDS
security requirements for physical access to these areas.
The backend server configuration must include both test and production environments.
The Supplier server configuration must provide for high-availability systems and expedited
support.
All equipment must be covered under a 24/7 4-hour response support time.) The Supplier should
perform backups of the OS, ADC software and data and restorations as needed. The Supplier must
provide a plan that specifies the backup and recovery processes that allows for speedy recovery of
data with no or minimal data loss in all situations. The plan must include the equipment, software,
frequency and backup methodology. If the Supplier does not offer this level of service, they must
provide a backup and recovery plan for the DBHDS IT staff to follow.
The Supplier should provide a plan for disaster recovery of the ADC system located at the hospitals
and facilities in case the facility was unavailable due to a major disruptive event. The disaster
recovery plan should provide for periodic testing and system recovery within 24 hours. If the
Supplier does not offer this level of service, they must indicate what level of disaster recovery
services they are capable of providing.
BACKEND SERVER SOLUTION #2:
Supplier Server Software Solution
Supplier must provide detailed configuration documents including diagrams for a server software solution.
The detailed configuration documents must address the following items:
The Supplier server software solution will be installed on State-owned servers located at the State
hospitals and facilities.
The backend server configuration must include both test and production environments.
The Supplier must provide specifications for the backend server(s) including the number of servers,
operating systems, processors, disk storage and memory.
The Supplier server specifications must provide for high-availability systems.
The Supplier must indicate if the server software solution can be installed in a VMWare
environment and identify which versions of VMWare are supported.
The Supplier is 100% responsible for the installation, configuration, licensing, and testing all ADC
software and all database software.
DBHDS IT staff will be responsible for backups, restorations and disaster recovery. The DBHDS
utilizes an EMC Data Domain system for backups. The Supplier must provide a plan that specifies
the backup requirements that allow for speedy recovery of data with no or minimal data loss in all
situations. The plan must include estimates of the total amount of disk space (OS, ADC software,
database, etc.) that must be backed up.
HL7 Interfaces
The ADC units and backend servers must interface with the hospitals and facilities Pharmacy system
utilizing HL7 formatted messages. The Pharmacy Information System either hosted at the DBHDS
within a VMWare server environment or at Cerner.
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The Supplier must take the lead project management role and work directly with DBHDS staff to
configure, test and validate all HL7 interfaces.
The Supplier must assign a project manager to the HL7 implementation and must develop a project
plan that provides a breakdown of the major components and timelines including, but not limited to
discovery, gap analysis, pre-installation, equipment, communications, installation, configuration,
workflows, testing, and documentation and go live.
The HL7 interfaces must include: patient demographics/ADT data (admission, discharge, and
transfer), formulary item transactions/updates, medication inventory management and item usage,
and pharmacy medication order information/profile system.
The Supplier must develop an HL7 Interface Specification document that provides details including,
but not limited to profiles, messages, segments, fields, data types and code sets.
The Supplier must develop an HL7 Test Plan that provides details including, but not limited to test
scenarios, validation and acceptance procedures. The Supplier must develop a report that includes a
summary of tests that were performed including, but not limited to testing validations and failures.
The Supplier will be responsible for troubleshooting all interface issues once the system is in
production. This includes notifying DBHDS staff of problems and working with DBHDS pharmacy
staff, DBHDS IT staff and any other company staff to monitor, troubleshoot and resolve all interface
issues.
PLANNING, IMPLEMENTATION, TRAINING & CUSTOMER SUPPORT REQUIREMENTS:
1. Must assist in configuring each ADC system to meet the specific medication needs for each of the
hospitals and facilities patient care units.
2. Must assist in evaluation of medication room/nursing station geography in planning for installation of
appropriate size and number of cabinets for each ADC system; also, consideration needs to be given to
factors such as appropriate ventilation, controlled room temperature, and lighting.
3. Must provide a schematic configuration with the dimensions of the proposed ADC systems for each
patient care unit and their appropriate placement in each nursing station on the units.
4. Must provide a written implementation plan that includes the following components as well as the level
of support to be provided during each phase:
a) Installation and set-up of equipment
b) Testing and verification of system performance
c) On-site employee training (refer to #6 below)
d) An appropriate roll-out schedule for each ADC system on every patient care unit to be coordinated with
hospital Pharmacy, Nursing, and IT management
e) A reasonable timeframe to complete the project 5. Must provide a comprehensive, on-site employee training program for nurses and pharmacy staff on
three shifts at both hospitals and facilities that include familiarization to operate all ADC system
equipment and related software. Must include instructional manuals for each ADC system.
6. Must provide written details of the customer support process, including projected response time to
address all reported problems and estimated time of arrival on-site of service technicians when needed.
ADC software support and technical support must be available 24/7 with call back response not to
exceed 30 minutes. Required response time for on-site services should not exceed 4 hours.
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IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:
A. GENERAL INSTRUCTIONS:
1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this
RFP. One (1) original, five(5) copies and one (1) copy redacting any proprietary information along with (1)
electronic copy saved on either a CD or DVD (in a searchable PDF or Word format) and one (1) electronic
copy redacting any proprietary information of each proposal must be submitted to the issuing agency. No
other distribution of the proposal shall be made by the offeror.
2. Proposal Preparation:
a. Proposals shall be signed 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.
b. 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.
c. 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. 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.
d. 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 Offerors’
proposal.
e. 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.
f. 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 § 2.2-4342F 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 (see Attachment D). The
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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. If, after being given reasonable time the offeror refuses to withdraw
an entire classification designation, the proposal will be rejected.
3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral
presentation of their proposal 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.
4. NOTE to OFFEROR: Provide your comments regarding any exceptions in the form of margin notes
or redline the document with your suggested language where required, excluding exceptions or
recommended language revisions to any liability provisions. If Supplier is selected to go forward into
negotiations and takes exception to any liability language, Supplier shall state any exceptions to any
liability provisions contained in the Request for Proposal and the contractual terms in writing at the
beginning of such negotiations, submitted via email to the designated (name or acronym of public
body) SPOC. Such Supplier provided exceptions or recommended language revisions shall be
considered during negotiations.
B. SPECIFIC PROPOSAL INSTRUCTIONS:
“Proposals should be as thorough and detailed as possible so that the (Department of Behavioral Health and
Developmental Services) may properly evaluate your capabilities to provide the required goods/services.
Offerors are required to submit the following items as a complete proposal:
1. Return the RFP Proposal Form and all addenda acknowledgments and attachments, if any, signed and filled
out as required, along with any other specific items or data requested in the RFP.
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 goods/services described herein.
c. Approach to providing the goods/service.
d. Names, qualifications and experience of personnel to be assigned to the project.
3. Specific plans for providing the proposed services including:
a. Provide a plan of operation to achieve the objectives as defined in Section II: Background and Section
III: Statement of Needs.
b. Provide a plan including a narrative and timeline for transition of services.
c. Describe the specific features that distinguish the Offeror from other Offerors in the field and state how
the Offeror evaluates the effectiveness of its services.
d. Provide a list of all clients lost within the last three (3) years and include a contact name, title and
telephone number. In addition, state the length of service at the account and reason for loss.
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e. Describe the Offeror’s method for dealing with problems and complaints presented by the Department
of Behavioral Health and Developmental Services employees detailing at what point the problem would
escalate to the next level of supervision/management.
f. Time frame for completion (if not otherwise specified by the Agency in the Statement of Needs).
g. Service Level Agreement (SLA). The Offeror shall identify metrics used in the agreement that must be:
Specific
Measurable
Attainable
Reportable
Trackable
Remedies
Credits
4. Provide a copy of the Offeror’s most recent independently audited financial statements.
5. Verify the Offeror’s acceptance of the General Terms and Conditions and Special Terms and Conditions
that are detailed in this RFP.
6. Provide a minimum of four references from clients comparable to DBHDS for whom you have provided
similar efforts.
7. Small Business Subcontracting Plan – Summarize the planned utilization of DSBSD-certified small
businesses under the Contract to be awarded as a result of this solicitation. This is a requirement for all
prime Contracts in excess of $100,000 unless no Subcontracting opportunities exist (see Attachment A).
8. State Corporation Commission Form: Required of all offerors pursuant to Title 13.1 or Title 50 (see
Attachment C).
V. EVALUATION AND AWARD CRITERIA:
A. EVALUATION CRITERIA: Proposals shall be evaluated by the DBHDS using the following criteria:
B. AWARD TO MULTIPLE OFFERORS: 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 agency shall select the offeror which, in its
opinion, has made the best proposal, and shall award the Contract to that offeror. The Commonwealth reserves
Goods Value Point%
Capability, Capacity, and Qualifications of the Offeror
(See Sections III and IV) 15%
Fee proposal (See Attachment F) 15%
ADC System Requirements and Functionality 20%
IT-Related Requirements 10%
Planning, Implementation, Training, & Customer Support Requirements 20%
Small Business Subcontracting Plan (if applicable) 20%
Total 100%
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the right to make multiple awards as a result of this solicitation. 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 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 Supplier’s proposal as negotiated.
VI. REPORTING AND DELIVERY INSTRUCTIONS:
A. “The Supplier shall provide the following documentation to (Michele Thomas) for approval by the agency”
B. “Within thirty (30) calendar days after the award date of the Contract, the Supplier shall furnish a preliminary
outline of the organizational structure of the final report to (Michele Thomas).”
1. The preliminary outline shall delineate the main topics and subtopics that will later be described in detail
in the final report.
2. Beneath each topic and subtopic, the Supplier shall furnish a brief narrative description of the subject
matter encompassed by the topic or subtopic.
3. The agency shall have the right to edit, modify and/or rearrange the organizational structure, topics, and
subtopics as it deems necessary to insure the inclusion of all work required by the Contract.
4. “The Supplier may make at least one (1) oral presentation of the final report to persons or organizations as
deemed necessary by the agency.
C. See 3.10 h. outlining requirements for a Small Business Subcontracting Plan in solicitations where the prime
Contract is in excess of $100,000. Prime Suppliers are required to complete Annex 7-G which should be
attached to the RFP solicitation. For competitive negotiation, the Small Business Subcontracting Plan shall be
used as one of the evaluation criteria. A DSBSD-certified small business who serves as prime Supplier will
receive full credit for Subcontracting for work performed by such prime. See Appendix B, Section II, 36 for
the special term and condition that may be included in RFPs requiring the Supplier to provide evidence of
compliance with this requirement. Receipt of a small business Subcontracting plan may be a condition of the
award and if so, a requirement for a report from the prime Supplier must be stated in the solicitation indicating
the frequency of the report required in the Contract.
VII. PREPROPOSAL CONFERENCE:
OPTIONAL PREPROPOSAL CONFERENCE: An optional preproposal conference will be held on
Wednesday, October 30, 2019 from 1pm – 3pm at the Department of Behavioral Health and Developmental
Services, (Jefferson Building), 1220 Bank Street, 1st floor lobby, Richmond, VA 23219. The purpose of this
conference is to allow potential offerors an opportunity 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. Bring a copy of the solicitation with you. Any changes resulting from
this conference will be issued in a written addendum to the solicitation.
VIII. CORE TERMS AND CONDITIONS:
A. 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
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in the courts of the Commonwealth. The Supplier shall comply with all applicable federal, state and local laws,
rules and regulations.
B. ANTI-DISCRIMINATION: In every Contract over $10,000 the provisions in a. and b. below apply:
1. To the extent allowed by law, during the performance of this Contract, the Supplier
agrees as follows:
a) The Supplier will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, sexual orientation, gender identity or expression,
national origin, age, disability, status as a service disabled veteran in accordance with §
2.2-4310 of the Code of Virginia, or any other basis prohibited by state law relating to
discrimination in employment, except when there is a bona fide occupational
qualification reasonably necessary to the normal operation of the Supplier. The
Supplier agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause,
including the names of all Contracting agencies with which the Supplier has Contracts
of over $10,000.
b) The Supplier, in all solicitations or advertisements for employees placed by or on
behalf of the Supplier, will state that such Supplier is an equal opportunity
employer.
c) Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for meeting these requirements.
2. The Supplier will include the provisions of a. above in every Subcontract or purchase order
over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.
C. IMMIGRATION: Supplier does not, and shall not during the performance of this Contract,
knowingly employ an unauthorized alien as defined in the federal Immigration Reform and
Control Act of 1986.
If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor,
the non-debarred vendor will be debarred for the same time period as the debarred vendor.
D. E-VERIFY PROGRAM: Pursuant to Code of Virginia, §2.2-4308.2., registration and use of federal
employment eligibility verification program is required for the Suppliers and all Supplier subcontractors
performing under the Contract (“employer”) conducting business in the Commonwealth.
a. For purposes of this section, "E-Verify program" means the electronic verification of work authorization
program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208),
Division C, Title IV, § 403(a), as amended, operated by the U.S. Department of Homeland Security, or a
successor work authorization program designated by the U.S. Department of Homeland Security or other
federal agency authorized to verify the work authorization status of newly hired employees under the
Immigration Reform and Control Act of 1986 (P.L. 99-603).
b. Any employer with more than an average of 50 employees for the previous 12 months entering into a
Contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services
pursuant to such Contract shall register and participate in the E-Verify program to verify information and
work authorization of its newly hired employees performing work pursuant to such public Contract.
c. Any such employer who fails to comply with the provisions of subsection B shall be debarred from
Contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall
cease upon the employer’s registration and participation in the E-Verify program.
If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove
that they are enrolled in E-Verify.
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E. 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.
F. ANTITRUST: By entering into the Contract, the Supplier 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.
G. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR RFPs: Failure to
submit a proposal on the official state form provided for that purpose may be a 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.
H. 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.
I. PAYMENT:
1. To a Supplier that is a Prime Supplier:
a. Supplier shall provide social security number (for individual Suppliers) 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 Supplier at the Contract price, regardless of which public agency is being
billed.
d. The following shall be deemed to be the date of payment: the date of postmark in all cases where
payment is made by mail, or when offset proceedings have been instituted as authorized under the
Virginia Debt Collection Act.
e. Unreasonable Charges. Under certain emergency procurements and for most time and material
purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases,
Suppliers should be put on notice that final payment in full is contingent on a determination of
reasonableness with respect to all invoiced charges. Charges that 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 Supplier, in writing, as to those charges which it considers unreasonable and the basis for the
determination. A Supplier 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 that are not in dispute.
2. To any Supplier Subcontractors:
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a. Within seven (7) days of the Supplier’s receipt of payment from the Commonwealth, a Supplier awarded
a Contract under this solicitation is hereby obligated:
(1) To pay the Subcontractor(s) fwithin seven (7) days of the Supplier’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 Supplier’s intention to withhold
payment and the reason.
b. Interest shall accrue at the rate of one percent per month (unless otherwise provided under the terms of
the Contract) on all amounts owed by the Supplier that remain unpaid seven (7) days following receipt of
payment from the Commonwealth for work performed by the Subcontractor, 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 Supplier performing under the primary
Contract. A Supplier’s obligation to pay an interest charge to a Subcontractor may not be construed to be
an obligation of the Commonwealth.
c. The Supplier will include the provision of (a.) above in every Subcontractor purchase order, so that the
provisions will be binding upon each Subcontractor or vendor.
3. Each prime Supplier 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 Suppliers and Subcontractors to accept electronic and credit
card payments.
J. DRUG-FREE WORKPLACE: During the performance of this Contract, the Supplier agrees to (i) provide a
drug-free workplace for the Supplier'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 Supplier'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 Supplier that the
Supplier 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 Supplier, 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.
K. SECTION 508 COMPLIANCE: All information technology which, pursuant to this Contract, is purchased or
upgraded by or for the use of any Commonwealth agency or institution or political subdivision of the
Commonwealth (the “Technology”) shall comply with Section 508 of the Rehabilitation Act (29 U.S.C. 794d),
as amended. If requested, the Supplier must provide a detailed explanation of how compliance with Section
508 of the Rehabilitation Act is achieved and a validation of concept demonstration. The requirements of this
Paragraph along with the Non-Visual Access to Technology Clause shall be construed to achieve full
compliance with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of
Virginia.
L. MANDATORY INTERNAL REVENUE SERVICE PUBLICATION 1075 (Required for FTI data only:
Safeguarding contract language for Technology Services. Supplier agrees that non-compliance with the IRS
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Publication 1075 may be deemed, solely by DBHDS, as a material breach of the Contract. Supplier is
responsible for verifying the correct and current version of this IRS publication and related safeguarding terms
language and acknowledges that DBHDS will be held harmless.
https://www.irs.gov/pub/irs-pdf/p1075.pdf
M. NON-VISUAL ACCESS: All information technology which, pursuant to this Contract, is purchased or
upgraded by or for the use of any State agency or institution or political subdivision of the Commonwealth (the
“Technology”) shall comply with the following nonvisual access standards from the date of purchase or
upgrade until the expiration of this Contract.
(i) Effective, interactive control and use of the Technology shall be readily achievable by nonvisual
means;
(ii) The Technology equipped for nonvisual access shall be compatible with information technology used
by other individuals with whom any blind or visually impaired user of the Technology interacts;
(iii) Nonvisual access technology shall be integrated into any networks used to share communications
among employees, program participants or the public; and
(iv) The technology for nonvisual access shall have the capability of providing equivalent access by
nonvisual means to telecommunications or other interconnected network services used by persons
who are not blind or visually impaired.
Compliance with the foregoing nonvisual access standards shall not be required if the head of the using agency, institution or political subdivision determines that (i) the Technology is not available with nonvisual access because the essential elements of the Technology are visual and (ii) nonvisual equivalence is not available.
Installation of hardware, software, or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices.
If requested, the Supplier must provide a detailed explanation of how compliance with the foregoing nonvisual access standards is achieved and a validation of concept demonstration.
The requirements of this Paragraph shall be construed to achieve full compliance with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of Virginia.
N. 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.
O. 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.
P. ASSIGNMENT OF CONTRACT: A Contract shall not be assignable by the Supplier in whole or in part
without the written consent of the Commonwealth.
Q. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any of the following ways:
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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 Supplier. 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 Supplier shall comply with the notice upon receipt, unless the Supplier 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 Supplier 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 Supplier shall be
compensated for any additional costs incurred as the result of such order and shall give the Purchasing
Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can
be expressed in units, and the Supplier accounts for the number of units of work performed, subject to
the Purchasing Agency’s right to audit the Supplier’s records and/or to determine the correct number of
units independently; or
c. By ordering the Supplier 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 Supplier
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 Supplier 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 Supplier from promptly complying with the changes
ordered by the Purchasing Agency or with the performance of the Contract generally.
R. 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 Supplier responsible for any resulting additional purchase and administrative costs. This remedy shall be in
addition to any other remedies which the Commonwealth may have.
S. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use
tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this Contract shall
usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption
registration number is 54-73-0076K.
If sales or deliveries against the Contract are not exempt, the Supplier shall be responsible for the payment of
such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the Supplier
from offering a tax-included price.
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T. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make
or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the
general style, type, character, and quality of the article desired. Any article which the public body, in its sole
discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of
operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and
specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and
technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the
solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in
competitive sealed bidding only the information furnished with the proposal will be considered in the
evaluation. Failure to furnish adequate data for evaluation purposes may result in a lower score. Unless the
offeror clearly indicates in its proposal that the product offered is an equivalent product, such proposal will be
considered to offer the brand name product referenced in the solicitation.
U. TRANSPORTATION AND PACKAGING: By submitting their proposals, all offerors certify and warrant
that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate
and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard
commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly
marked or labeled on the outside with purchase order number, commodity description, and quantity.
V. 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 Supplier 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.
MINIMUM INSURANCE COVERAGES AND LIMITS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of
three or more employees, to include the employer. Suppliers 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 must be named as an
additional insured and so endorsed on the policy. A copy of that certificate of insurance (COI) should be
included in proposal if offeror is awarded contract.
(Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.)
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
W. 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.
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X. DATA PRIVACY: In accordance with § 2.2-2009 of the Code of Virginia, during the performance of this
contract, Supplier is required at all times to comply with all applicable federal and state laws and regulations
pertaining to information security and privacy.
Y. PROHIBITED TRANSACTIONS: Pursuant to the requirements of § 2.2-5514 of the Code of Virginia, at all
times during its performance of this Contract, Supplier is prohibited from providing, whether directly or
indirectly through subcontractors, any hardware, software, or services that have been prohibited for use on
federal government systems by the U.S. Department of Homeland Security.
Z. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be
bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may
hereafter become legally available for the purpose of this agreement.
AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offer prices in US
dollars.
BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Supplier 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.
IX. REQUIRED EVA TERMS AND CONDITIONS
A. BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION - §2.2-4301: 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 e-procurement solution by completing the eVA Vendor
Registration. It is the responsibility of each vendor to maintain a current and accurate registration account in
eVA. Vendors not registered who wish to respond to any of the Commonwealth’s solicitations submitting an
online EVA electronic bid or proposal using eVA must first register in eVA. Applicants must allow sufficient
time for the application to be processed. To be considered for an award, vendors must register in eVA prior to
award. Vendor transaction fees are determined by the date the original purchase order is issued and the current
fees are as follows:
1. DSBSD-certified Small Businesses: 1%, capped at $500 per order.
2. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase
orders that will be issued as a result of this solicitation/Contract with the eVA transaction fee specified above
assessed for each order.
B. BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS
The solicitation/Contract will result in multiple purchase order(s) with the eVA transaction fee specified in the Current eVA Invoice Fees document found by clicking the Billing tab on the main eVA portal page at: eVA or http://www.eva.virginia.gov/pages/evabilling.htm. This fee structure is subject to change and vendors are responsible for remaining current by accessing the Current eVA Invoice Fees section of the eVA website on a regular basis.
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Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet
e-procurement solution and agree to comply with the following:
If the solicitation is for a term Contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this Contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from eVA. Suppliers should email Catalog or Index Page information to [email protected].
X. IT SPECIAL TERMS AND CONDITIONS
A. ACCEPTANCE AND TESTING:
Final acceptance will be based on the successful delivery and performance by the contractor of its contractual
commitments at the location(s) designated in the contract, including completed and successful acceptance
testing as agreed to between the Commonwealth and the contractor. Acceptance will be in conformance with
the functional, performance, operational, compatibility, acceptance testing criteria and other parameters and
characteristics of the services, solution, software, hardware and deliverables, as authorized by the contract and
such other parameters, characteristics, or performance standards that may be agreed upon in writing by the
Commonwealth and the contractor.
B. CERTIFICATION TESTING PERIOD – SYSTEMS, SOLUTIONS, OR SOFTWARE: The system, solution and/or software specified in the contract shall be considered ready for testing upon
receipt of documentation from the contractor that a successful system audit or diagnostic test was performed
at the site demonstrating that the system meets the minimum design/performance capabilities stipulated in
the purchase agreement. The day testing period shall commence on the next calendar day following receipt
of this documentation. Upon request, the procuring agency will provide written confirmation of its acceptance
following successful completion of the certification period. Such acceptance may not be conclusive of
complete conformance in all respects to the contract specifications and other requirements, or the
nonexistence of potential latent defects.
C. CERTIFICATION TESTING PERIOD - HARDWARE: Hardware ordered herein shall be subject to inspection and a 30-day testing period by the procuring agency.
Contractor hardware which is found to not meet the specifications or other requirements of the purchase
agreement may be rejected and returned to the vendor at no cost (including return transportation) by the
procuring agency. Unless otherwise notified or mutually agreed, acceptance shall become effective at the end
of the 30-day testing period. Such acceptance may not be conclusive of complete conformance in all respects
to the contract specifications and other requirements, or the nonexistence of potential latent defects.
D. COMPONENT WARRANTY: Contractor warrants that for any software or deliverable (“Component”) provided under the contract, the
applicable warranty period shall be the period from written acceptance of the Component until final
acceptance of the solution.
E. CONFIDENTIALITY (Commonwealth): The Commonwealth agrees that neither it nor its employees, representatives, or agents shall knowingly
divulge any proprietary information with respect to the operation of the software, the technology embodied
therein, or any other trade secret or proprietary information related thereto, except as specifically authorized
by the contractor in writing or as required by the Freedom of Information Act or similar law. It shall be the
contractor’s responsibility to fully comply with § 2.2-4342F of the Code of Virginia. All trade secrets or
proprietary information must be identified in writing or other tangible form and conspicuously labeled as
“proprietary” either prior to or at the time of submission to the Commonwealth.
F. CONFIDENTIALITY (Contractor):
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The contractor assures that information and data obtained as to personal facts and circumstances related to
patients or clients will be collected and held confidential, during and following the term of this agreement,
and will not be divulged without the individual’s and the agency’s written consent. Any information to be
disclosed, except to the agency, must be in summary, statistical, or other form which does not identify
particular individuals. Contractors and their employees working on this project will be required to sign the
Confidentiality statement in this solicitation.
G. CURRENT SOFTWARE VERSION: Unless otherwise specified by the procuring agency, any software provided under the contract shall be the
current release version available to the general public as of the date of contract execution.
H. DEFINITION - COMPONENT:
Software or deliverable delivered by contractor under the contract for the system or solution being provided.
I. DEFINITION - SOFTWARE: If software is authorized under the contract, means the programs and code provided by contractor under the
contract as a component(s) of any deliverable or component of any solution, and any subsequent modification
of such programs and code, excluding work product. For COTS (boxed) software, means the programs and
code, and any subsequent releases, provided by contractor under the contract as described on contractor's US
and International price lists in effect at time of contract award. For software maintenance contracts, software
also includes the programs and code provided by contractor under the contact in the form of software updates.
J. DEFINITION - SOFTWARE PUBLISHER: If software is authorized under the contract, means the licensor of the software, other than contractor,
provided by contractor under the contract.
K. DEFINITION - SOLUTION: The contractor’s contractually committed technical approach for solving a technology business objective and
associated requirements as defined and authorized by the scope of the contract. Solution means all contractor
and contractor’s third-party providers’ software or deliverable components making up the solution, including
but not limited to software, hardware, configuration design, implementation, contractor- developed interfaces,
services and work product.
L. DEFINITION - SYSTEM: As used herein, the term system shall include hardware and software, as applicable, which makes the system
operational and includes any materials or supporting documentation. Such documentation may include but is
not limited to: users’ guides, operations manuals with part lists, copies of all applicable warranties, and any
other pertinent information necessary for the proper operation and maintenance of the system being acquired.
M. DEFINITION - SYSTEM SOFTWARE: The operating system code, including software, firmware and microcode, (object code version) for each
hardware product, including any subsequent revisions, as well as any applicable documentation.
N. DEFINITION - UPDATE: As applicable, any update, modification or new release of the software, system software, documentation or
hardware that contractor makes generally available to its customers at no additional cost. software updates
include patches, fixes, upgrades, enhancements, improvements, or access mode, including without limitation
additional capabilities to or otherwise improve the functionality, increase the speed, efficiency, or base
operation of the software.
O. DEFINITION – WORK PRODUCT: Inventions, combinations, machines, methods, formulae, techniques, processes, improvements, software
designs, computer programs, strategies, specific computer-related know-how, data and original works of
authorship (collectively, the "Work Product") discovered, created, or developed by contractor, or jointly by
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contractor and the Commonwealth in the performance of the contract. Work Product shall not include
configuration of software.
P. DEMONSTRATIONS: By submitting a bid or proposal, the bidder or offeror certifies that the specified hardware, software, solution
or system is in productive use and capable of demonstration in the proposed configuration. The
Commonwealth reserves the right to require bidders or offerors to demonstrate the functionality of proposed
hardware, software, solution or system to its satisfaction prior to making an award decision. Such
demonstration is intended to show that a vendor’s products will perform in a completely satisfactory manner
and that they will meet or exceed the performance specifications contained in the solicitation. Failure by a
vendor to promptly comply with a request for demonstration could result in their bid being rejected. Failure
to reject shall not relieve the vendor of its obligation to fully comply with all requirements of the contract.
Q. ERRORS AND OMISSIONS INSURANCE: In addition to other insurance coverages required in the contract, contractor shall carry Errors and Omissions
insurance coverage in the amount of $2,000,000 per occurrence.
R. EXCESSIVE DOWNTIME: Unless otherwise agreed to in a Service Level Agreement in the contract, all hardware, software, solutions or
systems furnished under the contract shall be capable of continuous operation. Should the hardware, software,
solution or system become inoperable for a period of more than 24 hours, the contractor agrees to pro-rate
maintenance charges to account for each full day of inoperability. The period of inoperability shall commence
upon initial notification by the procuring agency. Unless otherwise described in specific cure and remedy
clauses in the contract, in the event the hardware, software, solution or system remains inoperable for more
than consecutive calendar days, the contractor shall promptly replace the hardware, software, solution,
solution component or system at no charge upon request of the procuring agency. Such replacement shall be
with new, unused product(s) of comparable quality, and must be installed and operational within days
following the request for replacement.
S. INTEROPERABILITY WARRANTY: Contractor warrants that each component, regardless of the origin of the component, delivered under the
contract shall be interoperable with other components so as to meet or exceed the performance specified in the
contract’s requirements.
T. LIABILITY
1. Supplier Liability
Except for liability arising from any combination of:
a. any intentional or willful misconduct, fraud, or recklessness of Supplier or any Supplier personnel;
or
b. any act or omission of Supplier or any Supplier personnel that results in claims for bodily injury,
including death, and damage to real property or tangible property resulting from the negligence of a
Supplier or any Supplier personnel
Supplier’s indemnification obligations and liability shall not exceed, in aggregate, twice the value of the
Contract. This limitation will apply on a per-incident basis; it being understood that multiple losses
stemming from the same root cause constitute a single incident.
2. Limitation of Liability Supplier will be liable for damages caused by its employees, agents, or subcontractors. Except for liability
arising out of a Party’s negligence or willful misconduct, neither Party will be liable to the other Party for
any indirect, incidental, consequential, or punitive damages, including (without limitation) loss of profit,
income, or savings, even if advised of the possibility of these damages.
U. LIMITATION OF USE - SOFTWARE:
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The Commonwealth’s right to use software developed entirely at private expense may be limited by the
contractor as stipulated in this contract. Notwithstanding any provision to the contrary however, the
Commonwealth shall have at a minimum: unlimited use of the software on the equipment computers for
which it is purchased; use of the software on a secondary system for backup purposes should the primary
system become unavailable, malfunction, or is otherwise rendered inoperable; use of the software at another
Commonwealth site should the system be entirely transferred to that location; the right to allow access by
Commonwealth third-party governmental or commercial agents solely for the business of the Commonwealth,
the right to make a backup copy for safekeeping; the right to modify or combine the software with other
programs or materials at the Commonwealth’s risk; and the right to reproduce any and all documentation
provided such reproduction is for the sole use of the Commonwealth. These rights are perpetual and
irrevocable; in the event of any actual or alleged breach by the Commonwealth, the contractor’s sole remedy
shall be to pursue a monetary claim in accordance with § 2.2-4363 of the Code of Virginia.
V. LIMITATION OF USE - SYSTEM SOFTWARE: The Commonwealth or any agent of the Commonwealth may make a reasonable number of backup, archival,
and disaster recovery copies of the system software. Any copies of the software or documentation made by
the Commonwealth pursuant to the contract shall bear all copyright, trademarks and other proprietary notices
included therein by contractor and, except as expressly authorized, neither the Commonwealth shall not
distribute same to any third-party without contractor's prior written consent. The Commonwealth may
distribute the system software and documentation if such distribution is incidental to transfer of hardware to
which it has taken title. The Commonwealth may not resell the system software except if such resale is
incidental to the resale of hardware to which the Commonwealth has taken title.
W. MAINTENANCE: Upon expiration of the specified warranty period and at the Commonwealth’s option, the contractor shall
provide up to additional one-year periods of on-site maintenance (including labor, parts, and travel) at the
prices set forth in the pricing schedule. Maintenance shall not include external electrical work, providing
supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not
include repairs of damage resulting from: acts of God, transportation between state locations, negligence by
state personnel, or other causes not related to ordinary use in the production environment in which installed.
Each successive year of maintenance may be ordered by the Commonwealth in writing at least days prior to
expiration of the existing maintenance period.
X. NEW HARDWARE: Unless otherwise expressly stated in this solicitation, any hardware furnished under the contract shall be new,
unused hardware.
Y. NO SUBSEQUENT, UNILATERAL MODIFICATIONS OF TERMS BY CONTRACTOR (“SHRINK-
WRAP”):
Notwithstanding any other provision or other unilateral license terms which may be issued by contractor after
the Effective Date of the contract, for software or system software licensed under this contract, or the fact that
such other agreement may be affixed to or accompany the software or system software upon delivery (“shrink
wrap”), the terms and conditions set forth herein shall supersede and govern licensing and delivery of all
software and system software hereunder.
Z. OPEN SOURCE: Contractor will notify the Commonwealth if the system, solution, components, deliverables, hardware,
software, or updates, as obligated and provided by contractor, contains any Open Source code and identify
the specific Open Source License that applies to any embedded code dependent on Open Source code,
provided by contractor under the contract.
AA. OPERATIONAL COMPONENTS: Unless otherwise requested in the solicitation, stated hardware prices shall include all cables, connectors,
interfaces, documentation for all components, and any other items necessary for full systems operation at the
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user site. This does not include consumable supplies such as paper, tapes, disks, etc., unless such supplies are
expressly identified in the pricing schedule.
BB. OWNERSHIP: Contractor warrants that it has the right to perform and provide all contractual obligations and provide all
needed services, software and hardware without violating or infringing any law, rule, regulation, copyright,
patent, trade secret or other proprietary right of any third party.
CC. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or
developed in the performance of this contract shall become the sole property of the Commonwealth. On
request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form
satisfactory to the Commonwealth to evidence the Commonwealth’s sole ownership of specifically identified
intellectual property created or developed in the performance of the contract.
DD. QUALIFIED REPAIR PERSONNEL: All warranty or maintenance services to be performed on the items specified in this solicitation as well as any
associated hardware or software shall be performed by qualified technicians properly authorized by the
manufacturer to perform such services. The Commonwealth reserves the right to require proof of certification
prior to award and at any time during the term of the contract.
EE. RELOCATION OF HARDWARE: Should it become necessary to move hardware covered by the contract to another location, the
Commonwealth reserves the right to do so at its own expense. If contractor supervision is required, the
Commonwealth will provide prior written notice of the move at least thirty (30) days in advance, in which
case the contractor shall provide the required services and be reasonably compensated by the Commonwealth.
Both the compensation to be paid and any adjustment to the maintenance terms resulting from the move shall
be as mutually agreed between the parties. Regular maintenance charges shall be suspended on the day the
hardware is dismantled and resume once the hardware is again certified ready for operational use.
FF. RENEWAL OF MAINTENANCE: Maintenance of any hardware, software, solution or system specified in the resultant contract may be renewed
by the mutual written agreement of both parties for an additional one-year period(s), under the terms and
conditions of the original contract except as noted herein. Price changes may be negotiated at time of renewal;
however, in no case shall the maintenance costs for a succeeding one-year period exceed the prior year’s
contract price(s), increased or decreased by more than the percentage increase or decrease in thecategory of
the CPI-W section of the US Bureau of Labor Statistics Consumer Price Index, for the latest twelve months
for which statistics are available.
GG. REPAIR PARTS: In the event that the performance of maintenance services under the contract results in a need to replace
defective parts or components, such items may only be replaced by new parts or components. In no instance
shall the contractor be permitted to replace defective parts or components with refurbished, remanufactured,
or surplus items without prior written authorization of the Commonwealth.
HH. SECURITY COMPLIANCE: Contractor agrees to comply with all provisions of the then-current Commonwealth of Virginia security
procedures, published by the Virginia Information Technologies Agency (VITA) and which may be found at:
(https://www.vita.virginia.gov/it-governance/itrm-policies-standards/) or a successor URL(s), as are pertinent
to contractor's operation. Contractor further agrees to comply with all provisions of the relevant
Commonwealth agency’s then-current security procedures as are pertinent to contractor's operation and which
have been supplied to contractor by the Commonwealth agency. Contractor shall also comply with all
applicable federal, state and local laws and regulations. For any Commonwealth location, additional security
procedures may include but not be limited to: background checks, records verification, photographing, and
fingerprinting of contractor's employees or agents. Contractor may, at any time, be required to execute and
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complete, for each individual contractor employee or agent, additional forms which may include non-
disclosure agreements to be signed by contractor's employees or agents acknowledging that the
Commonwealth information with which such employees and agents come into contact while at the
Commonwealth site is confidential and proprietary.
Any unauthorized release of proprietary or personal information by the contractor or an employee or agent of
contractor shall constitute a breach of its obligations under this Section and the contract. Contractor shall
immediately notify the Commonwealth of any Breach of Unencrypted and Unredacted Personal Information,
as those terms are defined in Virginia Code §18.2-186.6, and other personal identifying information, such as
insurance data or date of birth, provided by the Commonwealth to Contractor. Contractor shall provide the
Commonwealth, including DBHDS, the opportunity to participate in the investigation of the Breach and to
exercise control over reporting the unauthorized disclosure, to the extent permitted by law.
Contractor shall indemnify, defend, and hold the Commonwealth, DBHDS, their officers, directors,
employees and agents harmless from and against any and all fines, penalties (whether criminal or civil),
judgments, damages and assessments, including reasonable expenses suffered by, accrued against, or charged
to or recoverable from the Commonwealth, DBHDS, their officers, directors, agents or employees, on account
of the failure of Contractor to perform its obligations pursuant this Section.
II. SOFTWARE DISPOSITION: Unless otherwise instructed by the contractor, the Commonwealth shall render unusable all copies of software
acquired under the contract within thirty (30) days of termination of its license, except that the
Commonwealth does reserve the right to retain one copy of the software for archival purposes when
appropriate.
JJ. SOFTWARE EVOLUTION: Should contractor or software publisher merge or splinter the software previously provided to the
Commonwealth, such action on the part of contractor or software publisher shall not in any way result in the
Commonwealth being charged additional license or support fees in order to receive enhancements, releases,
upgrade or support for the software. If contractor or software publisher reduces or replaces functionality
contained in a licensed software product and provides the same or substantially similar functionality as or
within a separate or renamed software product, then the Commonwealth shall be entitled to license such
software product at no additional license or maintenance fee, and subject to the terms and conditions herein. If
contractor or software publisher releases an option, future software product or other release that has
substantially the same functionality as the software products provided under the contract, and software
publisher and/or contractor ceases to provide maintenance for the older software product, then contractor shall
offer the Commonwealth the option to exchange licenses for such replacement software product or function at
no additional charge.
KK. SOFTWARE OR SYSTEM SOFTWARE LICENSED BY SOFTWARE PUBLISHER: Any software or system software provided by contractor that is licensed directly from a software publisher
through an End User Licensing Agreement (EULA) shall be subject to the License Agreement Addendum
(LAA) attached hereto as Attachment (or Exhibit). Contractor shall have sole responsibility for ensuring that
any such software publisher executes the LAA. The software publisher's EULA, along with the LAA
executed by software publisher shall be added to Exhibit (or Attachment) for reference, but shall not become
a part of the contract.
LL. SOFTWARE OR HARDWARE SUBSTITUTION:
During the term of any contract resulting from this solicitation, the vendor is not authorized to substitute any
item for that hardware and/or software identified in the solicitation without the prior written consent of the
contracting officer whose name appears on the front of this solicitation, or their designee.
MM. SOFTWARE UPGRADES: The Commonwealth shall be entitled to any and all upgraded versions of the software covered in the contract
that becomes available from the contractor. The maximum charge for upgrade shall not exceed the total
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difference between the cost of the Commonwealth’s current version and the price the contractor sells or
licenses the upgraded software under similar circumstances.
NN. SOURCE CODE: In the event the contractor ceases to maintain experienced staff and the resources needed to provide required
software maintenance or ceases to do business or enters bankruptcy proceedings, the Commonwealth shall be
entitled to have, use, and duplicate for its own use, a copy of the source code and associated documentation
for the software products covered by the contract. Until such time as a complete copy of such material is
provided, the Commonwealth shall have exclusive right to possess all physical embodiments of such
contractor owned materials. The rights of the Commonwealth in this respect shall survive for a period of
twenty (20) years after the expiration or termination of the contract. All lease and royalty fees necessary to
support this right are included in the initial license fee as contained in the pricing schedule.
OO. SUPPORT SERVICE PERIOD (EXTENDED): Due to the criticality of the applications for which the hardware and/or software is purchased, unless
otherwise agreed to in writing between the Commonwealth and contractor, the contractor shall provide 24
hours a day, 7 days a week, maintenance support, including state holidays. On-site response time shall be
within hours following initial notification. All necessary repairs or corrections shall be completed within
hours of the initial notification by Commonwealth.
PP. SUPPORT SERVICE PERIOD (ROUTINE): Unless otherwise agreed to in writing between the Commonwealth and contractor, contractor shall provide 24
hour toll-free phone support with a hour return call response time. On-site maintenance support services
shall carry a hour response time following initial notification and be available during the normal working
hours of 8 A.M. to 5 P.M. Monday through Friday, excluding state holidays. All necessary repairs or
corrections shall be completed within hours of the initial notification.
QQ. SUPPORT SERVICE REPORTS: Upon completion of any maintenance call, the contractor shall provide the agency with a signed service report
that includes, at a minimum: a general statement as to the problem, action taken, any materials or parts
furnished or used, and the number of hours required to complete the repairs.
RR. SURVIVAL:
Any provisions of the contract regarding software license, rights to intellectual property, security, warranty,
escrow, confidentiality, content/data privacy and security, liability, indemnification, transition of services, and
the General Terms and Conditions shall survive the expiration or termination of the contract.
SS. SYSTEM ENVIRONMENT: Environmental specifications for any hardware or software to be delivered under the resulting contract shall
be furnished in writing along with the vendor’s bid or proposal, should any such requirements be applicable.
These specifications must be in sufficient detail to permit all installed equipment to function efficiently from
an environmental perspective. Unless otherwise stated in the solicitation, it will be the procuring agency’s
responsibility to prepare the site at its own expense to meet the environmental specifications provided.
TT. TERM OF SOFTWARE LICENSE: Unless otherwise stated in the solicitation, the software license(s) identified in the pricing schedule shall be
purchased on a perpetual basis and shall continue in perpetuity. However the Commonwealth reserves the
right to terminate the license at any time, although the mere expiration or termination of this contract shall not
be construed as an intent to terminate the license. All acquired license(s) shall be for use at any computing
facilities, on any equipment, by any number of users, and for any purposes for which it is procured. The
Commonwealth may allow access to the software by third party vendors who are under contract with the
Commonwealth to provide services to or on behalf of the Commonwealth, or by other entities as required for
conducting the business of government. Access includes loading or executing the software on behalf of the
Commonwealth or their agents. The Commonwealth further reserves the right to transfer all rights under the
license to another state agency to which some or all of its functions are transferred.
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UU. TERM OF SYSTEM SOFTWARE LICENSE: Contractor grants to the Commonwealth a fully paid, perpetual, worldwide, nonexclusive, transferable,
irrevocable license to use, and to permit any agent of the Commonwealth to use, system software for the
hardware. The license granted authorizes the Commonwealth and any agent of the Commonwealth to use
Offeror-licensed programs in machine readable form on any system without limitation. It is expressly
understood that “perpetual” license rights shall commence upon delivery of the system software to the
Commonwealth and shall exist in perpetuity unless otherwise terminated in accordance with the applicable
provisions of the contract. The system software is the property of contractor, and no title or ownership of the
system software or any of its parts, including documentation, is transferred to the Commonwealth.
VV. THIRD PARTY ACQUISITION OF SOFTWARE: The contractor shall notify the procuring agency in writing should the intellectual property, associated
business, or all of its assets be acquired by a third party. The contractor further agrees that the contract’s terms
and conditions, including any and all license rights and related services, shall not be affected by the
acquisition. Prior to completion of the acquisition, the contractor shall obtain, for the Commonwealth’s
benefit and deliver thereto, the assignee’s agreement to fully honor the terms of the contract.
WW. WARRANTY AGAINST SHUTDOWN DEVICES: The contractor warrants that the hardware, software, solution or system provided under the contract shall not
contain any lock, counter, CPU reference, virus, worm, or other device capable of halting operations or
erasing or altering data or programs. Contractor further warrants that neither it, nor its agents, employees, or
subcontractors, shall insert any shutdown device following delivery of the hardware, software solution or
system.
XX. WARRANTY OF SOFTWARE: Unless otherwise stated in the contract, the contractor warrants the operation of all software products for a
period of 12 months from the date of acceptance. During the warranty period, if there is no Service Level
Agreement that is incorporated in the contract, the contractor shall provide 24 hour toll free phone support
and all patches, fixes, revisions, updates, upgrades, and minor releases to both the software and its supporting
documentation. In addition, the contractor shall provide a two hour return call response time and complete all
necessary patches/fixes within hours of initial notification.
XI. SPECIAL TERMS AND CONDITIONS:
A. AUDIT: The Supplier shall retain all books, records, and other documents relative to this Contract for five (5)
years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency,
its authorized agents, and/or state auditors shall have full access to and the right to examine any of said
materials during said period.
B. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any
resulting Contract, in part or in whole, without penalty, upon 60 days written notice to the Supplier. In the
event the initial Contract period is for more than 12 months, the resulting Contract may also be terminated by
the Supplier, without penalty, after the initial 12 months of the Contract period upon 60 days written notice to
the other party. Any Contract cancellation notice shall not relieve the Supplier of the obligation to deliver
and/or perform on all outstanding orders issued prior to the effective date of cancellation.
C. RENEWAL OF CONTRACT: This Contract may be renewed by the Commonwealth for four (4) successive
one-year periods, under the terms of the current Contract, and at a reasonable time (approximately 90 days)
prior to the expiration.
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1. If the Commonwealth elects to exercise the option to renew the Contract for an additional one-
year period, the Contract price(s) for the additional one year shall not exceed the Contract price(s)
of the original Contract increased/decreased by more than the percentage increase/decrease of the
Other Goods and Services category of the CPI-U section of the Consumer Price Index of the
United States Bureau of Labor Statistics for the latest twelve months for which statistics are
available.
2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to
renew the Contract, the Contract price(s) for the subsequent renewal period shall not exceed the
Contract price(s) of the previous renewal period increased/decreased by more than the percentage
increase/decrease of the Other Goods and Services category of the CPI-U section of the
Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months
for which statistics are available.
D. ASBESTOS: Whenever and wherever during the course of performing any work under this Contract, the
Supplier 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 Supplier shall not disturb any surrounding surfaces but shall protect the area with
suitable dust covers. In the event the Supplier is delayed due to the discovery of asbestos or suspected asbestos,
then a mutually agreed extension of time to perform the work shall be allowed the Supplier but without additional
compensation due to the time extension.
E. SUPPLIER/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I
certify that this firm/individual and Subcontractor is properly licensed for providing the goods/services
specified.
Supplier Name: _________________
License # _________________ Type ________________
Subcontractor Name: _________________________
License # _________________ Type ________________
F. SUPPLIER’S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the
Supplier or by any Subcontractor subject to any chattel mortgage or under a conditional sales or other
agreement by which an interest is retained by the seller. The Supplier warrants that he has clear title to all
materials and supplies for which he invoices for payment.
G. DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated
below after receipt of order (ARO) by the offeror. The Agency requires the offeror to deliver within a
reasonable time after ARO. If the offeror does not insert a stated delivery time in the blank below, the offeror
will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:
Agency’s desired delivered time: 30 calendar days ARO
OFFEROR’S STATED DELIVERY TIME: ____ CALENDAR DAYS ARO
H. DELIVERY AND STORAGE: It shall be the responsibility of the Supplier to make all arrangements for
delivery, unloading, receiving and storing materials in the building during installation. The owner will not
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assume any responsibility for receiving these shipments. Supplier shall check with the owner and make
necessary arrangements for security and storage space in the building during installation.
I. DELIVERY NOTIFICATION: The Agency shall be notified 24 hours prior to delivery of any items so that
personnel may be available to allow access to the building and verify items received. Notification shall be
made to :
Contact list will be provided based on location.
J. PROMPT PAYMENT DISCOUNTS: Agency will pay within 30 days after acceptance. A prompt payment
discount offered for prompt payment of (30) calendar days or longer will be calculated in determining net low
proposal.
K. FINAL INSPECTION: At the conclusion of the work, the Supplier shall demonstrate to the authorized
owners’ representative that the work is fully operational and in compliance with Contract specifications and
codes. Any deficiencies shall be promptly and permanently corrected by the Supplier at the Supplier’s sole
expense prior to final acceptance of the work.
L. IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the
special envelope is not possible, the signed proposal should be returned in a separate envelope or package,
sealed and identified as follows:
From: ___________
Name of Offeror Due Date Time
________________
Street or Box Number RFP No.
________________________________
City, State, Zip Code RFP Title
DSBSD-certified Micro Business or Small Business No. ________________________
Name of Contract/Purchase Officer or Buyer
M. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected
the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of
failure to inspect the job site, will not be considered by the Commonwealth.
N. INSTALLATION: All items must be assembled and set in place, ready for use. All crating and other debris
must be removed from the premises.
O. MAINTENANCE MANUALS: The Supplier shall provide with each piece of equipment an operations and
maintenance manual with wiring diagrams, parts list, and a copy of all warranties.
P. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:
1. It is the goal of the Commonwealth that 42% of its purchases be made from small businesses. This includes
discretionary spending in prime Contracts and subcontracts. All offerors are required to submit a Small
Business Subcontracting Plan. Unless the offeror is registered as a DSBSD-certified small business and
where it is not practicable for any portion of the awarded Contract to be subcontracted to other suppliers,
the Supplier is encouraged to offer such subcontracting opportunities to DSBSD-certified small businesses.
This shall include DSBSD-certified women-owned and minority-owned businesses when they have
received DSBSD small business certification. No offeror or subcontractor shall be considered a small
business unless certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by
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the due date for receipt of proposals. If small business subcontractors are used, the prime Supplier agrees to
report the use of small business subcontractors by providing the purchasing office at a minimum the
following information: name of small business with the DSBSD certification number, phone number, total
dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of
product/service provided.
Each prime Supplier who wins an award in which a small business subcontracting plan is a condition of the
award shall deliver to the Contracting agency or institution on a quarterly basis, evidence of compliance
(subject only to insubstantial shortfalls and to shortfalls arising from Subcontractor default) with the small
business subcontracting plan. Upon completion of the Contract, the Supplier agrees to furnish the
purchasing office at a minimum the following information: name of firm with the DSBSD certification
number, phone number, total dollar amount subcontracted, category type (small, women-owned, or
minority-owned), and type of product or service provided. Payment(s) may be withheld until compliance
with the plan is received and confirmed by the agency or institution. The agency or institution reserves the
right to pursue other appropriate remedies for non-compliance to include, but not be limited to, termination
for default.
Each prime Supplier who wins an award valued over $200,000 shall deliver to the Contracting agency or
institution on a quarterly basis, information on use of Subcontractors that are not DSBSD-certified small
businesses. Upon completion of the Contract, the Supplier agrees to furnish the purchasing office at a
minimum the following information: name of firm, phone number, total dollar amount Subcontracted, and
type of product or service provided.
2. If the Supplier intends to subcontract work as part of its performance under this Contract, the Supplier shall
include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled
veteran-owned businesses.”
Q. NAME OF MANUFACTURER AND SHIPPING POINT: Each offeror shall supply in the space below the
name and address of the manufacturer of each item offered and the shipping point.
ITEM NUMBER(S): _________________________________________________________________
MANUFACTURER: _________________________________________________________________
ADDRESS: _________________________________________________________________
_________________________________________________________________
SHIPPING POINT: _________________________________________________________________
R. PREVENTIVE MAINTENANCE: The Supplier shall provide necessary preventive maintenance, required
testing and inspection, calibration and/or other work necessary to maintain the equipment in complete
operational condition during the warranty period.
S. PRIME SUPPLIER RESPONSIBILITIES: The Supplier shall be responsible for completely supervising
and directing the work under this Contract and all Subcontractors that he may utilize, using his best skill and
attention. Subcontractors who perform work under this Contract shall be responsible to the prime Supplier. The
Supplier agrees that he is as fully responsible for the acts and omissions of his Subcontractors and of persons
employed by them as he is for the acts and omissions of his own employees.
T. PRODUCT INFORMATION: The offeror shall clearly and specifically identify the product being offered
and enclose complete and detailed descriptive literature, catalog cuts and specifications with the proposal to
enable the Commonwealth to determine if the product offered meets the requirements of the solicitation.
Failure to do so may cause the proposal to be considered nonresponsive.
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U. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Supplier shall supply at
proposal prices actual quantities as ordered, regardless of whether such total quantities are more or less than
those shown.
V. SUBCONTRACTS: No portion of the work shall be Subcontracted without prior written consent of the
purchasing agency. In the event that the Supplier desires to Subcontract some part of the work specified herein,
the Supplier shall furnish the purchasing agency the names, qualifications and experience of their proposed
Subcontractors. The Supplier shall, however, remain fully liable and responsible for the work to be done by its
Subcontractor(s) and shall assure compliance with all requirements of the Contract.
W. WARRANTY: All materials and equipment shall be fully guaranteed against defects in material and
workmanship for a period of 12 months following date of delivery. Should any defect be noted by the owner,
the Purchasing Office will notify the Supplier of such defect or non-conformance. Notification will state either
(1) that the Supplier shall replace or correct, or (2) the owner does not require replacement or correction, but an
equitable adjustment to the Contract price will be negotiated. If the Supplier is required to correct or replace, it
shall be at no cost to the Commonwealth and shall be subject to all provisions of this clause to the same extent
as materials initially delivered. If the Supplier fails or refuses to replace or correct the deficiency, the office
issuing the purchase order may have the materials corrected or replaced with similar items and charge the
Supplier the costs occasioned thereby or obtain an equitable adjustment in the Contract price.
X. WARRANTY (COMMERCIAL): The Supplier agrees that the goods or services furnished under any award
resulting from this solicitation shall be covered by the most favorable commercial warranties the Supplier
gives any customer for such goods or services and that the rights and remedies provided therein are in addition
to and do not limit those available to the Commonwealth by any other clause of this solicitation. A copy of
this warranty should be furnished with the proposal.
Y. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from
the performance of this Contract shall be repaired to the Commonwealth’s satisfaction at the Supplier’s
expense.
Z. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Supplier assures that
information and data obtained as to personal facts and circumstances related to patients or clients will be
collected and held confidential, during and following the term of this agreement, and unless disclosure is
required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the
individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia.
Suppliers who utilize, access, or store personally identifiable information as part of the performance of a
Contract are required to safeguard this information and immediately notify the agency of any breach or
suspected breach in the security of such information. Suppliers shall allow the agency to both participate in
the investigation of incidents and exercise control over decisions regarding external reporting. Suppliers and
their employees working on this project may be required to sign a confidentiality statement.
AA. CONTINUITY OF SERVICES:
1. The Supplier recognizes that the services under this Contract are vital to the Agency and must be
continued without interruption and that, upon Contract expiration, a successor, either the Agency or
another Supplier, may continue them. The Supplier agrees:
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a. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;
b. To make all Agency owned facilities, equipment, and data available to any successor at an appropriate
time prior to the expiration of the Contract to facilitate transition to successor; and
c. That the Agency Contracting Officer shall have final authority to resolve disputes related to the
transition of the Contract from the Supplier to its successor.
2. The Supplier shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for
up to ninety (90) days after this Contract expires and shall negotiate in good faith a plan with the successor
to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.
3. The Supplier shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs
incurred within the agreed period after Contract expiration that result from phase-in, phase-out operations)
and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this Contract. All phase-in/phase-
out work fees must be approved by the Contract Officer in writing prior to commencement of said work.
BB. PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the
award of Contract is expressly prohibited unless approved in writing by the Contact Officer. The Agency
may, at its discretion, require the Supplier to provide a substitute item of equivalent or better quality subject to
the approval of the Contract Officer, for a price no greater than the Contract price, if the product for which the
Contract was awarded becomes unavailable to the Supplier.
CC. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia,
§2.2-4311.2 subsection B, an offeror organized or authorized to transact business in the Commonwealth
pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by
the State Corporation Commission (SCC). Any offeror that is not required to be authorized to transact business
in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law
is required to include in its proposal a statement describing why the offeror is not required to be so authorized.
Indicate the above information on the SCC Form provided. Supplier agrees that the process by which
compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the
SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such
form, or its acceptance of Supplier’s statement describing why the offeror was not legally required to be
authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be
relied upon by the Supplier as demonstrating compliance.
XII. METHOD OF PAYMENT:
A. The Supplier will be paid monthly within 30 days of receipt of a valid invoice for all goods received or
services provided during the previous month. All invoices must include the unique Contract and/or purchase
order number. Failure to include required elements from the invoices may result in the invoice being returned
for correction. The Supplier shall submit their invoice to the following address by the 10th day of the month
following the month in which services were rendered. Invoices shall be sent to:
DBHDS – Accounts Payable
1220 Bank Street
PO 1797
Richmond, VA 23218-1797
Attn: Shelia Parsley
If transmitting an invoice through an email system, the document needs to be sent to:
The Supplier will be paid monthly within 30 days of receipt of a valid invoice for all goods received or
services provided during the previous month. All invoices must include the unique Contract and/or purchase
order number. Failure to include required elements from the invoices may result in the invoice being returned
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for correction. The Supplier shall submit separate invoices to each DBHDS facility by the 10th day of the
month following the month in which services were rendered.
B. Payment:
1. For valid invoices that exceed $5,000, payment shall be made within thirty (30) days of receipt of a valid
invoice for all services provided by check. Charge card transaction fees shall not be applied to any invoice
issued to the Commonwealth.
2. For valid invoices in the amount of $5,000.00 or less, payment may be made by check, EDI payment,
Commonwealth of Virginia's Small Purchase Charge Card or Gold Card. Charge card transaction fees shall
not be applied to any invoice issued to the Commonwealth.
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ATTACHMENT A: SMALL BUSINESS SUBCONTRACTING PLAN
It is the goal of the Commonwealth that more than 42% of its purchases be made from small businesses. All
potential offerors are required to submit a Small Business Subcontracting Plan.
Small Business: "Small business (including micro)” means a business which holds a certification as such by the
Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date for proposals. This shall
also include DSBSD-certified women- and minority-owned businesses, and businesses with DSBSD service
disabled veteran-owned status when they also hold a DSBSD certification as a small business on the proposal due
date. Currently, DSBSD offers small business certification and micro business designation to firms that qualify
under the definitions below.
Certification applications are available through DSBSD online at www.DSBSD.virginia.gov (Customer Service).
Offeror Name: _____________________________________________ Preparer Name: ________________________________________ Date: ____________________ Instructions
A. If you are certified by the DSBSD as a micro/small business, complete only Section A of this form. This includes
but is not limited to DSBSD-certified women-owned and minority-owned businesses when they have also
received DSBSD small business certification.
B. If you are not a DSBSD-certified small business, complete Section B of this form. For the offeror to receive
credit for the small business Subcontracting plan evaluation criteria, the offeror shall identify the portions of the
Contract that will be Subcontracted to DSBSD-certified small business for the initial Contract period in Section
B.
Offerors which are small businesses themselves will receive the maximum available points for the small business par ticipation plan evaluation cr iter ion, and do not have any fur ther Subcontracting requirements.
Offerors which are not certified small businesses will be assigned points based on proposed expenditures with
DSBSD-certified small businesses for the initial Contract period in relation to the offeror’s total price for the initial
Contract period.
Points will be assigned based on each offeror’s proposed Subcontracting expenditures with DSBSD certified small
businesses for the initial Contract period as indicated in Section B in relation to the offeror’s total price. Section A
If your firm is certified by the Department of Small Business and Supplier Diversity (DSBSD), provide your
certification number and the date of certification):
Certification number: _______________________ Certification Date: ______________________ Section B
Populate the table below to show your firm's plans for utilization of DSBSD-certified small businesses in the
performance of this Contract for the initial Contract period in relation to the offeror’s total price for the initial
Contract period. Certified small businesses include but are not limited to DSBSD-certified women-owned and
minority-owned businesses that have also received the DSBSD small business certification. Include plans to utilize
small businesses as part of joint ventures, partnerships, Subcontractors, suppliers, etc. It is important to note that
these proposed participation will be incorporated into the subsequent Contract and will be a requirement of the
Contract. Failure to obtain the proposed participation percentages may result in breach of the Contract. B. Plans for Utilization of DSBSD-Cer tified Small Businesses for this Procurement
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Micro/Small
Business
Name &
Address
DSBSD
Certificate #
Status if
Micro/Small
Business is also:
Women (W),
Minority (M), or
DSBSD Service
Disabled Veteran-
Owned
Contact
Person,
Telephone &
Type of
Goods
and/or
Services
Planned
Involvement
during Initial
Period of the
Contract
Planned Contract Dollars Dur ing Initial Per iod of the Contract ($ or % )
Totals $
IMPORTANT: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
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ATTACHMENT B: OFFEROR’S DATA SHEET
1. QUALIFICATIONS OF OFFEROR: The Offeror must have the capability and capacity in all respects in order to fully satisfy all of the Contractual requirements.
2. YEARS IN BUSINESS: Indicate the length of time you have been in business providing this type of service: _______years ________months.
3. REFERENCES: Offerors shall provide a list of at least four recent references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.
ORGANIZATION ADDRESS CONTACT
PERSON
TELEPHONE
1.
2.
3.
4.
4. Offeror name, phone number and State and date of incorporation. If not a corporation, state the type of business organization, names and addresses of owners, address and phone number of principal place of business, date business began and State in which organized:
5. Are you a subsidiary firm: ___YES ___NO If yes, list the name and location of your parent affiliation:
6. Name and title of firm's official to who further communication should be directed:
I cer tify the accuracy of this information.
Signed:
Title: IMPORTANT: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE
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ATTACHMENT C: STATE CORPORATION COMMISSION FORM
Virginia State Corporation Commission (SCC) registration information. The offeror :
is a corporation or other business entity with the following SCC identification number: ____________ -OR-
is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-
is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary
business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in
Virginia who merely solicit orders that require acceptance outside Virginia before they become Contracts, and not
counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods
in accordance with the Contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-
is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and
completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not
constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles
13.1 or 50 of the Code of Virginia.
**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have
pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to
be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the
Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):
IMPORTANT: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
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ATTACHMENT D: PROPRIETARY/CONFIDENTIAL INFORMATION IDENTIFICATION
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 including the section of the proposal in which it is contained, as well as the page numbers, and must 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. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected.
Name of Firm/Offeror: ______________________________ invokes the protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on __________ (Date).
Signature: ___________________________________________
Title: ______________________________________________
DATA/MATERIAL TO BE
PROTECTED SECTION NO., REASON WHY PROTECTION IS NECESSARY
& PAGE NO.
IMPORTANT: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
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ATTACHMENT E: BUSINESS ASSOCIATE AGREEMENT
Contract Number: 720-4742
PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION
THIS BUSINESS ASSOCIATE AGREEMENT is made as of , by the Department of Behavioral Health and
Developmental Services (herein referred to as “Covered Entity”), with an office at 1220 Bank Street, Richmond, VA 23219
and (here in referred to as “Business Associate”), a corporation, department or other entity with an office at .
This BUSINESS ASSOCIATE AGREEMENT (herein referred to as the “Agreement”) constitutes a non-exclusive
agreement between the Covered Entity, which administers health services, and the Business Associate named above.
The Covered Entity and Business Associate have entered into this Business Associate Agreement to comply with the Health
Insurance Portability and Accountability Act (HIPAA). The parties signing this Agreement shall comply fully with the
provisions of the HIPAA Rules.
NOW THEREFORE, the parties, intending to be legally bound, agree as follows:
I. Definitions: As used in this Contract, the terms below will have the following meanings:
a. Business Associate shall generally have the same meaning as the term “business associate” at 45 CFR 160.103,
and in reference to the party to this agreement, shall mean .
b. Covered Entity shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in
reference to the party to this agreement, shall mean Department of Behavioral Health and Developmental
Services.
c. Protected Health Information (PHI): Any information that is created or received by a Covered Entity that relates
to the past, present, or future physical or mental health or condition of an individual, limited to the information
created or received by Business Associate from or on behalf of Covered Entity.
d. HIPAA Rules shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160
and Part 164.
II. Obligations and Activities of Business Associate:
a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required
by the Agreement or as required by law.
b. Business Associate agrees to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 to
prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information
not provided for by this Agreement of which it becomes aware, including breaches of unsecured protected health
information, as required at 45 C.F.R. 164.410.
d. In accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors
that create, receive, maintain, or transmit protected health information on behalf of the Business Associate agree
to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such
information.
e. Report to the Covered Entity any security incident of which it becomes aware.
f. Business Associate shall notify the Covered Entity of a breach of unsecured PHI on the first day on which such
breach is known by Business Associate or an employee, officer or agent of Business Associate other than the
person committing the breach, or as soon as possible following the first day on which Business Associate or an
employee, officer or agent of Business Associate other than the person committing the breach should have known
by exercising reasonable diligence of such breach. Notification shall include, to the extent possible, the
identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business
Associate to have been, accessed, acquired, used or disclosed during the breach. Business Associate shall also
provide the Covered Entity with any other available information at the time Business Associate makes notification
to the Covered Entity or promptly thereafter as information becomes available. Such additional information shall
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include (i) a brief description of what happened, including the date of the breach; (ii) a description of the types of
unsecured PHI that were involved in the breach; (iii) any steps the Business Associate believes individuals should
take to protect themselves from potential harm resulting from the breach; and (iv) a brief description of what
Business Associate is doing to investigate the breach, mitigate harm to individuals, and protect against any future
breaches.
For purposes of this paragraph, unsecured PHI means protected health information that is not rendered
unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology
specified by the U.S. Secretary of Health and Human Services.
g. Business Associate agrees to provide access, at the request of Covered Entity to Protected Health Information to
Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45
CFR 164.524.
h. Business Associate agrees to make internal practices, books, and records, including policies and procedures and
Protected Health Information, available to the Secretary of the U.S. Department of Health and Human Services
for the purpose of determining compliance with the HIPAA Rules.
i. Business Associate agrees to document and provide to Covered Entity such disclosures of Protected Health
Information and information as would be required for Covered Entity to respond to a request by an Individual for
an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
j. Make any amendment(s) to Protected Health Information in a designated record set as directed or agreed to by the
covered entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy covered entity's
obligations under 45 C.F.R. 164.526.
III. General Use and Disclosure Provisions:
a. Business Associate may only use or disclose Protected Health Information as provided in the underlying
Agreement
b. Business Associate may use or disclose Protected Health Information as required by law.
c. Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent
with Covered Entity’s minimum necessary policies and procedures.
d. Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart
E of 45 CFR Part 164 if done by covered entity, except for the specific uses and disclosures set forth below.
e. Business Associate may disclose Protected Health Information for the proper management and administration of
the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable
assurances from the person to whom the information is disclosed that it will remain confidential and used or
further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the
person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the
information has been breached.
IV. Obligations of Covered Entity:
a. Covered Entity shall notify Business Associate of any limitations in its notice of privacy practices of Covered
Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use
or disclosure of Protected Health Information.
b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to
use or disclose Protected Health Information, to the extent that such changes may affect Business Associate’s use
or disclosure of Protected Health Information.
c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health
Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such
restriction may affect Business Associate’s use or disclosure of Protected Health Information.
V. Permissible Request by Covered Entity:
Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner
that would not be permissible under the Privacy Rule if done by Covered Entity.
VI. Termination:
Either party may terminate this Agreement immediately if it determines that the other party has violated a material
term of this Agreement. This Agreement shall remain in effect unless terminated for cause with immediate effect, or
until terminated by either party with not less than thirty (30) days prior written notice to the other party, which notice
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shall specify the effective date of the termination; provided, however, that any termination shall not affect the
respective obligations or rights of the parties arising under this Agreement before the effective date of termination.
VII. Effect of Termination: Upon termination of this Agreement for any reason, Business Associate shall return or destroy all Protected Health
Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity.
This provision shall apply to Protected Health Information that is in the possession of Subcontractors or agents of
Business Associate. Business Associate shall retain no copies of the Protected Health Information. In the event that
Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business
Associate shall provide to Covered Entity notification of the conditions that make return or destruction of Protected
Health Information infeasible. Upon agreement that return or destruction of Protected Health Information is
infeasible, Business Associate shall extend the protections of this Agreement to such Protected Health information
and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or
destruction infeasible, for so long as Business Associate maintains such Protected Health Information.
VIII. Amendment:
Upon the enactment of any law or regulation affecting the use or disclosure of PHI, or the publication of any decision
of a court of the United States or of this state relating to any such law, or the publication of any interpretive policy or
opinion of any governmental agency charged with the enforcement of any such law or regulation, the parties shall
work in good faith to amend this Agreement in such manner as is necessary to comply with such law or regulation. If
the parties are unable to agree on an amendment within thirty (30) days thereafter, either of them may terminate this
Agreement by written notice to the other.
EACH PARTY has caused this Agreement to be properly executed on its behalf as of the date first above written.
FOR: Department of Behavioral Health and
Developmental Services
FOR:
BY: BY:
DATE: DATE:
IMPORTANT: THIS FORM MUST BE COMPLETED, SIGNED AND RETURNED WITH YOUR RESPONSE.
RFP# 720-4742
Page 45 of 49
ATTACHMENT F: SUMMARY PRICE SHEET
Offeror name:
Product Description Quantity Contract List Price
Discounts Extended Price
Annual Maintenance & Support ($; hardware)
Annual Maintenance & Support ($; software)
TOTAL
Hardware
Scanner
Medication label & receipt printer
Mouse & Keyboard
Fingerprint Scanner
Refrigerator Lock
Server(s)/ Monitors
Other?
Software & Upgrades
Licenses (imaging, profile, etc)
Interface
Test Server / Partition? TEST environment?
NDC Calibration charge? (Y,N)
Other?
Support Services
Training & Expenses
Support Services: Onsite Onsite response time
Support Services: Offsite
Service Levels
Service Level Credits?
Vendor Commitment to Uptime (%)
Annual maintenance charge per unit? ($)
Other?
TOTAL
RFP# 720-4742
Page 46 of 49
ATTACHMENT G: MAPS OF HOSPITALS, FACILITIES AND CSB’S
BACKGROUND:
The public community behavioral health and developmental services are provided in Virginia by community services boards (CSBs), behavioral health authorities
(BHAs) otherwise known as the Community Services Sector of the Department of Behavioral Health, Developmental Services (DBHDS CSS, “CSB / BHA”
or simply, “CSB”).
The DBHDS CSS function as single points of entry into publicly funded behavioral health and developmental services that include:
substance abuse services,
access to state hospital and training center (state facility) services;
service providers, directly and through Contracts with other providers;
advocates for consumers and other individuals in need of services;
community educators, organizers, and planners;
advisors to the local governments that established them; and
local focal points for programmatic and financial responsibility and accountability.
Section 37.2-100 of the Code of Virginia defines three types of CSBs: operating, administrative policy, and policy-advisory to a local government department.
Chapter 6 in Title 37.2 of the Code of Virginia authorizes behavioral health authorities in three localities; a BHA exists only in Richmond. In this overview,
CSBs, BHAs, and local government departments with policy-advisory CSBs are referred to as CSBs or community services boards, unless the context clearly
indicates otherwise.
CSBs are not directly part of the Virginia Department of Behavioral Health and Developmental Services Agency, (DBHDS, “Department”). While not part of
the Department, CSBs are key operational partners with the Department and its state facilities in Virginia’s system of public behavioral health and substance
abuse services. Operating CSBs and BHAs are agents of the local governments that established them, but they are not city or county government departments.
The Department's relationship with all CSBs is based on the community services performance Contract, applicable provisions in Title 37.2 of the Code of
Virginia, and DBHDS’ Board (State Board) policies and regulations. The Department Contracts with, funds, monitors, licenses, regulates, and provides
consultation to CSBs.
Beginning in the late 1940s, the Department established and operated mental hygiene clinics across the state to provide local mental health services. Eventually,
the Department transferred all of these clinics to CSBs. In 1968, the General Assembly enacted Chapter 10 of Title 37.1, the CSB enabling legislation. Arlington
and Prince William Counties established the first two CSBs in 1968. Today, 40 CSBs provide services to people in all 134 cities or counties in Virginia. The
tables on the next page shows the date on which each CSB was created, and a map that shows its location along with a separate map noting the independent cities
in Virginia.
RFP# 720-4742
Page 47 of 49
Order Establishment of the Community Services Boards1 Map Key
2 Date
7
37
2
4
8
Alexandria Community Services Board
Alleghany Highlands Community Services
Arlington Community Services Board
Blue Ridge Behavioral Healthcare
Central Virginia Community Services
1
2
3
4
5
03-25-69
12-08-81
11-23-68
01-20-69
04-18-69
12
21
17
34
25
Chesapeake Community Services Board
Chesterfield Community Services Board
Colonial Services Board
Crossroads Services Board
Cumberland Mountain Community Services
6
7
8
9
10
05-24-69
08-11-71
01-05-71
12-06-73
06-07-72
31
39
33
20
3
Danville-Pittsylvania Community Services
Dickenson County Behavioral Health Services
District 19 Community Services Board
Eastern Shore Community Services Board
Fairfax-Falls Church Community Services Board
11
12
13
14
15
10-31-72
06-24-82
09-18-73
07-26-71
01-15-69
38
18
24
23
15
Goochland-Powhatan Community Services
Hampton-Newport News Community Services Board
Hanover County Community Services Board
Harrisonburg-Rockingham Community Services Board
Henrico Area Mental Health & Retardation Services
16
17
18
19
20
04-12-82
02-23-71
05-31-72
03-24-72
07-09-69
32
11
35
28
14
Highlands Community Services
Loudoun County Community Services Board
Middle Peninsula-Northern Neck CSB
Mount Rogers Community MH&MR Services Board
New River Valley Community Services
21
22
23
24
25
10-31-72
05-20-69
02-28-74
09-21-72
07-01-69
6
36
29
26
9
Norfolk Community Services Board
Northwestern Community Services
Piedmont Community Services
Planning District One Behavioral Health Services
Portsmouth Dept. of Behavioral Healthcare Services
26
27
28
29
30
03-09-69
06-25-74
10-16-72
07-28-72
04-22-69
1
16
30
5
10
Prince William County Community Services Board
Rappahannock Area Community Services Board
Rappahannock-Rapidan Community Services Board
Region Ten Community Services Board
Richmond Behavioral Health Authority
31
33
32
34
35
11-21-68
06-09-70
10-30-72
02-03-69
04-28-69
RFP# 720-4742
Page 48 of 49
40
27
19
13
22
Rockbridge Area Community Services Board
Southside Community Services Board
Valley Community Services Board
Virginia Beach Department of Human Services
Western Tidewater Community Services Board
36
37
38
39
40
10-14-82
09-13-72
06-15-71
06-20-69
12-01-71
RFP# 720-4742
Page 49 of 49
CSBs exist to provide individualized, effective, flexible, and efficient treatment, habilitation, and prevention services in the most accessible and integrated yet least
restrictive settings possible. CSBs provide services to improve the quality of life for people with mental illnesses and or substance use disorders, responding to
their expressed needs and preferences. CSB services draw upon all available community resources and people's natural supports, such as family, friends, and work
or school, to support the recovery, self-determination, empowerment, and resilience of consumers and assist them to realize their fullest potentials. Community
services are provided through a diverse network of CSBs and their directly operated and Contractual services. CSBs offer varying combinations of nine core
services: emergency, local inpatient, outpatient, case management, day support, employment, residential, prevention and early intervention.