Family Home Child Care Consulting Services

Agency: State Government of Virginia
State: Virginia
Type of Government: State & Local
  • Q - Medical Services
Posted: Sep 13, 2018
Due: Oct 11, 2018
Solicitation No: RFP:FDC-1018
Publication URL: To access bid details, please log in.
  • Family Home Child Care Consulting Services
  • Closing:10/11/2018 02:00 PM
  • Issued:09/13/2018
  • Status:Open
  • Time Left:27 Days
Buyer Information
  • Issued By:James Madison University
  • Type:Request for Proposals (RFP)
  • Category:Non-Professional Services - Non-Technology
  • Work Location: JMU
  • Pre-Bid Conference:
  • Last Amended:
  • Community Development Consulting (91827)
  • Day Care (Preschool) (95225)
  • Child Care Center Management and Operation Services (95822)
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    Request for Proposal

    RFP# FDC-1018

    Shared Training Education and Professional Services (S.T.E.P.S.)/ Family Day Home (FDH) Child Care Consulting Services

    September 13, 2018


    RFP# FDC-1018

    Issue Date: September 13, 2018

    Title: Shared Training Education and Professional Services (S.T.E.P.S.)/ Family

    Day Home (FDH) Child Care Consulting Services

    Issuing Agency: Commonwealth of Virginia

    James Madison University

    Procurement Services MSC 5720

    752 Ott Street, Wine Price Building

    First Floor, Suite 1023

    Harrisonburg, VA 22807

    Period of Contract: From Date of Award Through One Year (Renewable)

    Sealed Proposals Will Be Received Until 2:00 PM on October 11, 2018 for Furnishing The Services Described Herein.


    All Inquiries For Information And Clarification Should Be Directed To: Doug Chester, Buyer Senior, Procurement Services, ; 540-568-4272; (Fax) 540-568-7935 not later than five (5) business days before the proposal closing date.


    In compliance with this Request for Proposal and to all the conditions imposed herein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation.

    Name and Address of Firm:


    (Signature in Ink)


    (Please Print)



    Web Address:



    Fax #:

    ACKNOWLEDGE RECEIPT OF ADDENDUM: #1_____ #2_____ #3_____ #4_____ #5_____ (please initial)




    RFP # FDC-1018












    Small, Woman-Owned, And Minority Participation




    Statement of Needs




    Proposal Preparation and Submission




    Evaluation and Award Criteria




    General Terms and Conditions




    Special Terms and Conditions




    Method of Payment




    Pricing Schedule






    A. Offeror Data Sheet

    B. SWaM Utilization Plan

    C. Sample of Standard Contract


    The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified sources to enter into a contract to provide Shared Training Education and Professional Services (S.T.E.P.S.) / Family Day Home (FDH) Child Care Consulting Services for James Madison University (JMU), an agency of the Commonwealth of Virginia. Initial contract shall be for one (1) year with an option to renew for four (4) additional one-year periods.


    JMU is a comprehensive public institution in Harrisonburg, Virginia with an enrollment of approximately 22,000 students and more than 4,000 faculty and staff. There are over 600 individual departments on campus that support seven academic divisions. The University offers over 120 majors, minors, and concentrations. Further information about the University may be found at the following website:

    JMU Department of Early, Elementary, & Reading Education has been awarded a grant to provide the development, implementation, administration, and management for the pilot project, Child Care Provider S.T.E.P.S. (Shared Training Education and Professional Services). This project will provide a shared services network for Family Day Home (FDH) childcare providers in the Eastern, Piedmont, and Western Regions on behalf of the Virginia Department of Social Services (VDSS) Division of Child Care and Early Childhood Development Child Care. The goal of the project is to expand the availability of quality childcare for infants and toddlers, children with disabilities, and children in need of care during non-traditional hours.


    It is the policy of the Commonwealth of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities, and to encourage their participation in State procurement activities. The Commonwealth encourages contractors to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, and other contractual opportunities. Attachment B contains information on reporting spend data with subcontractors.


    JMU intends to contract with an experienced childcare specialist(s) or firm(s) to create and provide a shared services network for 15 – 45 FDH childcare providers, with a focus on infant and toddler care, special needs care, and non-traditional hours care, in the Eastern, Piedmont, and Western Regions of Virginia. The Contractor shall be responsible for the overall management of the FDH providers recruited in their region(s).

    Describe in detail your firm’s approach to each of the following items. Failure to provide responses to the items listed below may result in rejection of the proposal.


    1. Describe your firm’s experience in recruiting FDH providers in the regions listed above.

    2. Describe your firm’s experience and qualifications in assisting/mentoring FDH providers with:

    a. Providing high quality child care;

    b. Sustaining their child care business with positive cash flow;

    c. Expanding their child care services for infants and toddlers, children with special needs, and for parents working non-traditional hours;

    d. Starting a child care business, if relevant, for an area that currently does not offer childcare;

    e. Developing their capacity to become a licensed child care provider;

    f. Growing their business to meet the changing needs of the community.

    3. Describe your firm’s experience and qualifications in overseeing program development, implementation, and evaluation of FDH childcare providers.

    4. Provide resumes of specific personnel to be assigned to perform the work.


    1. Provide a detailed plan for the recruitment of FDH providers.

    2. Provide a detailed timeline for program development, implementation, and evaluation.

    3. Provide sample documentation and evaluation plans for projects similar in size and scope.

    4. Describe your firm’s method of evaluating an FDH programs through observation and interactions to include:

    a. Administering the Family Childcare Environmental Rating Scale (FCCER);

    b. Classroom Assessment Scoring System (CLASS);

    c. Developmental milestones that all children go through as they age;

    d. Virginia Quality – the Commonwealth of Virginia’s quality rating system;

    e. Family Child Care Business Administration Scale (BAS);

    f. Measuring the progress related to attainment of individual goals and objectives to measure impact and quality;

    g. Measuring participant attendance in training/technical assistance sessions and progress towards licensure.

    5. Describe your firm’s method of creating quality improvement Communities of Practice to address the following:

    a. Development of a supportive peer network with regular meetings and/or verbal communication as determined by both parties;

    b. Discussions of evidence-based child care and business practices to improve awareness and implementation of a successful business model and increased quality care;

    c. Introduction of new ideas and quality measures;

    d. Share resources and contact information, to include but not limited to VDSS TIPS Calendar, Virginia Child Care Provider Scholarship Program, Project Pathways, USDA Child and Adult Care Food Program, Community College Workforce Alliance/VDSS child care training, Better Kid Care/VDSS Virginia Preservice Training for Child Care Staff and Virginia Health and Safety Update Training for Child care Staff, Virginia Quality, Infant and Toddler Specialist Network, Virginia Child Care Financing Program, Virginia Early Childhood Mental Health and CSEFEL training, trauma-informed care best practices, Virginia Department of Education’s Training and Technical Assistance Centers and inclusion best practices, Virginia Cooperative Extension child care courses, Early Impact Virginia, Infant and Toddler Connection, Virginia Special Education Program for children ages 3-5 and beyond, Medical Home Plus for Medication Administration Training, Virginia Department of Health programs, etc.;

    e. Promote the use of professional development tools, such as Virginia’s Competencies for Early Childhood Professionals, Milestones of Child Development, the Virginia Partnership for Out-of-School Time Best Practices, and Career Pathways for Early Childhood and Out-of-School Time Practitioners, or other relevant tools;

    f. Promote and assist with child care program licensure;

    g. Encourage professional support relationships among the FDH providers and advanced education in child development and education;

    h. Develop a leadership program within the Communities of Practices;

    i. Use a train-the-trainer model to build capacity for coaching from among the project participants within the Communities of Practice as a peer coaching system.

    6. Describe your firm’s plan to develop a network of resources, services, and relationships across Virginia to support the recruitment, licensing and professional development of FDH providers.

    7. Describe your firm’s plan to encourage membership of early care and education practitioners and trainers in the VDSS Innovative Model for Professional Advancement & Career Tracking (IMPACT) Professional Development Registry.

    8. Describe your firm’s plan to encourage trainers and technical assistance providers to meet or exceed the requirements of the most recent VDSS Trainer and Technical Assistance Provider Approval Matrix, in alignment with the VDSS and Virginia Cross-Sector Professional Development Trainer and Technical Assistance Provider Competencies.

    9. Describe your firm’s plan to encourage FDH providers participate in the Child Care Aware of Virginia Shared Services Network and attend their annual Business Summit, as well as a Hub-sponsored Celebrating Providers Conference.

    10. Describe your firm’s ability to provide quarterly programmatic progress reports.

    11. Please provide any other information about your firm’s capabilities that may be of interest to the University



    To ensure timely and adequate consideration of your proposal, offerors are to limit all contact, whether verbal or written, pertaining to this RFP to the James Madison University Procurement Office for the duration of this Proposal process. Failure to do so may jeopardize further consideration of Offeror’s proposal.

    1. RFP Response: In order to be considered for selection, the Offeror shall submit a complete response to this RFP; and shall submit to the issuing Purchasing Agency:

    a. One (1) original and three (3) copies of the entire proposal, INCLUDING ALL ATTACHMENTS. Any proprietary information should be clearly marked in accordance with 3.f. below.

    b. One (1) electronic copy in WORD format or searchable PDF (CD or flash drive) of the entire proposal, INCLUDING ALL ATTACHMENTS. Any proprietary information should be clearly marked in accordance with 3.f. below.

    c. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and all attachments with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy” on the front cover. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. JMU shall not be responsible for the Contractor’s failure to exclude proprietary information form this redacted copy.

    No other distribution of the proposal shall be made by the Offeror.

    2. The version of the solicitation issued by JMU Procurement Services, as amended by an addenda, is the mandatory controlling version of the document. Any modification of, or additions to, the solicitation by the Offeror shall not modify the official version of the solicitation issued by JMU Procurement services unless accepted in writing by the University. Such modifications or additions to the solicitation by the Offeror may be cause for rejection of the proposal; however, JMU reserves the right to decide, on a case-by-case basis in its sole discretion, whether to reject such a proposal. If the modification or additions are not identified until after the award of the contract, the controlling version of the solicitation document shall still be the official state form issued by Procurement Services.

    3. 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 submissions 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 shall 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 the 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 offeror’ 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 the offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protection of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret materials 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 and return of the proposal.

    4. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to James Madison University. 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. James Madison University will schedule the time and location of these presentations. Oral presentations are an option of the University and may or may not be conducted. Therefore, proposals should be complete.


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

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

    2. Plan and methodology for providing the goods/services as described in Section IV. Statement of Needs of this Request for Proposal.

    3. Offeror Data Sheet, included as Attachment A to this RFP.

    4. Small Business Subcontracting Plan, included as Attachment B to this RFP. Offeror shall provide a Small Business Subcontracting plan which summarizes the planned utilization of Department of Small Business and Supplier Diversity (SBSD)-certified small businesses which include businesses owned by women and minorities, when they have received Department of Small Business and Supplier Diversity (SBSD) small business certification, 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.

    5. Identify the amount of sales your company had during the last twelve months with each VASCUPP Member Institution. A list of VASCUPP Members can be found at: .

    6. Proposed Cost. See Section X. Pricing Schedule of this Request for Proposal.



    Proposals shall be evaluated by James Madison University using the following criteria:


    Quality of products/services offered and suitability for intended purposes


    Qualifications and experience of Offeror in providing the goods/services


    Specific plans or methodology to be used to perform the services


    Participation of Small, Women-Owned, & Minority (SWaM) Businesses



    Allocation of points for evaluation criteria will be published to the eVA solicitation posting prior to the closing date and time.

    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 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. 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 contractor’s proposal as negotiated.


    A. PURCHASING MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review at the purchasing office. In addition, the manual may be accessed electronically at or a copy can be obtained by calling Procurement Services at (540) 568-3145.

    B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Contractor shall comply with applicable federal, state and local laws and regulations.

    C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §10 of the Rules Governing Procurement, Chapter 2, Exhibit J, Attachment 1 (available for review at If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (§6 of the Rules Governing Procurement).

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

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

    a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

    b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

    c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting these requirements.

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

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

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

    F. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

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

    H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS 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.

    I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.


    1. To Prime Contractor:

    a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

    b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

    c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

    d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

    e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Rules Governing Procurement, Chapter 2, Exhibit J, Attachment 1 § 53; available for review at

    2. To Subcontractors:

    a. A contractor awarded a contract under this solicitation is hereby obligated:

    (1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

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

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

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

    K. PRECENDENCE OF TERMS: Paragraphs A through J of these General Terms and Conditions and the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendors, shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

    L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

    1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

    2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

    b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

    c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

    This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.
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