REQUEST FOR PROPOSALS

RFP# 19150005

Issue Date: January 5, 2015 Commodity Code: 96146

Title: Telephone Language Interpretation Services

Issuing Agency: Commonwealth of Virginia Using Agency: Commonwealth of Virginia Workers’ Compensation Commission Workers’ Compensation Commission

1000 DMV Drive 1000 DMV Drive Richmond, VA 23220 Richmond, VA 23220

Period Of Contract: One (1) year from date of award, renewable for up to four (4) additional one-year terms.

Sealed Proposals Will Be Received Until 2:00 P.M. EST, January 23, 2015 for Furnishing The Services Described Herein, And Then Opened in Public. No proposal will be accepted after this date and time unless modified by addendum.

PROPOSALS MUST BE SEALED AND SUBMITTED TO THE ISSUING AGENCY. IF PROPOSALS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY AS SHOWN ABOVE TO THE ATTENTION OF “PURCHASING DEPARTMENT”. IF PROPOSALS ARE HAND DELIVERED, DELIVER TO: 1000 DMV Drive, Richmond, VA 23220, Attention: Purchasing.

All Inquiries, Questions, and Requests For Information MUST Be Directed To: Bruce Harris, Procurement & Operations Supervisor, preferably by E-mail to bruce.harris@workcomp.virginia.gov or fax at 877-376-5114. Potential offerors may also call 804-205-3062 for general questions and requests; however all technical questions must be submitted in writing preferably by email, or by fax if email is not possible, and should be submitted no later than January 16, 2015.

OPTIONAL PREPROPOSAL CONFERENCE: (Omitted)

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RFP NO. 19150005WORKERS’ COMPENSATION COMMISSIONLANGUAGE INTERPRETATION SERVICES

THIS PAGE SHALL BE COMPLETED AND RETURNED WITH PROPOSAL

In compliance with this Request for Proposals and to all the conditions imposed therein and hereby incorporated by reference, 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.

Type or print below the required information.

_______________________________________ Date: ___________________________ Name of Company or Organization

______________________________________ Telephone No. ____________________ Name

______________________________________ Fax: ____________________________ Title

______________________________________ Email: ___________________________ Written Signature in Ink

______________________________________ Street Address

______________________________________ Mailing Address

_____________________________________ City/State/Zip Code

DMBE Certification No. _______________ (if applicable)

SCC#: ____________________________

eVA Registration No. _________________

For additional information regarding the SCC# (State Corporation Commission), See Section, IX.13, Special Terms and Conditions, of this RFP.

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For additional information on DMBE (Dept. of Minority Business Enterprise), visit its site at www.dmbe.virginia.gov.

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TABLE OF CONTENTS FOR RFP

Page

I. PURPOSE 4

II. BACKGROUND 5

III. STATEMENT OF NEEDS 5

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS 7

V. EVALUATION AND AWARD CRITERIA 10

VI. REPORTING AND DELIVERY REQUIREMENTS 10

VII. PRE - PROPOSAL CONFERENCE 11

VIII. GENERAL TERMS AND CONDITIONS 11

IX. SPECIAL TERMS AND CONDITIONS 16

X. METHOD OF PAYMENT 19

ATTACHMENTSAttachment A - Vendor Data SheetAttachment B – Supplier Diversity & Small Business Subcontracting PlanAttachment C – State Corporation Commission FormAttachment D – Trade Secrets and/or Proprietary InformationAttachment E – Addendum AcknowledgementAttachment F – Pricing ScheduleAttachment G – COV Core and Non-Core Languages

I. PURPOSE: The purpose of this Request for Proposals (RFP) is to solicit sealed proposals to establish a contract

with one qualified vendor through competitive negotiations to provide for the Virginia Workers’ Compensation 4

Commission (VWC) telephonic interpreting services. These services shall provide an on-demand, easy to use, cost effective source of language interpretation. Services are to be provided for people with whom a significant language barrier exists and interpretation services are required in order to ensure equal access to the VWC.

Note: This is an original RFP and not a “repeat” contract. Consequently, there is no supporting historical data that would reflect the usage for each category and the Commonwealth in no way is able to confirm any estimated usage. It is incumbent upon the Contractor’s experience to make its own reasonable determination of usage.

Offerors shall provide on-call telephonic language interpreting services. Electronic interpretation using software is not acceptable. Scheduled telephonic language interpreting services are also required.

Although the VWC does not guarantee a minimum number of hours of utilization of language assistance to the Contractor, over the past decade the need for these services statewide continues to grow. The Commission currently averages over 220 on-demand calls each month of varying length.

The majority of Contractor services will be needed between 8:00 am and 5:00 pm ET, Monday through Friday. However, the Contractor should have the capability to provide language assistance services 24 hours per day, seven days per week.

Core Languages : The following twenty-five (25) core languages most frequently spoken languages in Virginia:

CORE LANGUAGESAmharic Greek RussianArabic Hindi SomaliBengali Italian SpanishChinese – Cantonese Japanese TagalogChinese – Mandarin Khmer/Cambodian ThaiFarsi/Persian Korean Urdu French Portuguese VietnameseGerman PunjabiGujarathi Polish

Non-Core Languages and Dialects: The following are the lesser known non-core spoken languages, including but not limited to the following languages with heavy concentrations in specific regions in Virginia

NON-CORE LANGUAGES AND DIALECTSAcholi Hmong Serbo-CroatianAlbanian Indonesian SwahiliBantu Kirundi TamilBangla Krahn TeleguBulgarian Krio TigrinyaBosnian Kurdish TurkishBurmese Lao TwiDari Maay Maay UkranianDinka Mongolian WolofFrench Creole NepaliHaitian Pashto

II. BACKGROUND: The primary functions of the Workers' Compensation Commission are to process and adjudicate claims, provide information and monitor awards in workers' compensation cases.

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The Code of Virginia requires that to be eligible for benefits under the Workers' Compensation Act an employee must be disabled and/or incur medical expenses from a work related accident or occupational disease. The type and duration of benefits payable under the Act and filing periods are statutory. There is no limit on the number of persons eligible to receive benefits.

The VWC headquarters is located in Richmond, Virginia, with regional offices in Fairfax, Manassas, Virginia Beach, Harrisonburg, Roanoke, and Lebanon. Our call center receives approximately 500 calls from the public each day. Other departments at headquarters and each regional office also receives calls from the public. The call center processes approximately 40 calls each day requiring interpretation services.

III. STATEMENT OF NEEDS:

A. GENERAL REQUIREMENTS

A. Core and Non-Core Languages

1. Core Languages: The Contractor should provide telephone interpretation services for the 25 core languages listed in Section I “Purpose” above. The core languages must be continuously available.

2. Non-Core Languages: The Contractor should provide telephone interpretation services for a minimum of ten (10) additional languages and dialects listed in Section I, “Purpose” above. The additional non-core languages and dialects for which interpretation services are available shall be detailed in the Offeror’s proposal.

Upon the specific prior written approval of the Contract Administrator, the Contractor may substitute a different non-core language or dialect for any of the ones included in its proposal, provided the Contract Administrator finds that at least the same level of demand by VDSS exists for the proposed new language as the one being replaced.

B. Interpreters are not allowed to utilize or rely on software-based translation programs. C. The Contractor shall provide a single, toll-free, nationwide 800-number to access all services, both on-demand

and scheduled.

D. The Contractor shall provide service utilization tracking and billing..

E. Procedure Manual: The Contractor shall provide a manual and/or training, as requested, to VWC employees on how to use the services of the Contractor. The training will, at a minimum, include hard copy documentation and/or web-based documentation of processes and procedures. The documentation will also include processes and procedures for obtaining customer service/technical assistance and for complaint resolution. The Contractor shall submit any changes to the Procedure Manual to the Contract Administrator within two (2) weeks of the Interpreter Procedure Manual being revised.

F. Complaint Resolution and Maximum Customer Satisfaction: The Contractor shall maintain the ability to accept customer complaints via telephone, facsimile, email and U.S. mail or private delivery service. The Contractor shall adhere to the complaint resolution procedures as described in its proposal and shall provide:

The Contractor shall ensure that any user of telephone interpretation services will be able to reach the Contractor Representative to file a complaint while still on-line during an interpreted call or at another time that is more convenient for the person placing the call.

Interpreter Complaint: Upon request of the Contract Administrator, the Contractor shall ensure that an interpreter who has been the subject of more than one (1) validated complaint of misinterpretation, at the request of VWC, shall not provide any further services to VWC under this contract.

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G. All services provided in response to this RFP shall be performed within the United States.

B. INTERPRETER QUALIFICATIONS (INDIVIDUALS)

A. The Contractor shall utilize interpreters who:

1. are thoroughly knowledgeable about U.S.--domestic culture. Interpreters utilized from a foreign country are not acceptable unless the potential interpreter was raised within the U.S. or has spent significant recent time in this country and is directly knowledgeable regarding U.S. domestic culture. Any potential issue regarding this requirement/prohibition for a particular interpretation request must be brought to the Contract Administrator for resolution;

2. have been screened, tested, and evaluated and that they are certified or qualified for interpretation in the target language;

3. participate in ongoing interpreter continuing education;

4. are able to interpret at an appropriate level for target audience;

5. are linguistically accurate, culturally appropriate and technically consistent;

6. are able to act as a cultural bridge, providing VWC with feedback not only on grammatical and linguistic accuracy, but also on cultural appropriateness;

7. are able to provide consecutive interpretation, and on rare occasions simultaneous interpretation when requested by VWC;

8. have received a minimum of 30 hours of training as professional interpreters; the training should include, but not be limited to topic areas of ethics and confidentiality, roles, and cultural competence;

9. adhere to an interpreter Code of Ethics and a VWC-approved statement of confidentiality;

10. are knowledgeable of and comply with HIPAA- related privacy guidelines;

11. covered by liability insurance, and

12. are United States citizens or legal residents of the United States.

C. INTERPRETATION SERVICES

A. Telephone Interpretation Services

1. The Contractor shall provide 24 hour 7 days a week statewide telephone access to interpreters, with an average connect time (when the call starts to ring at the provider until an interpreter is on the line) of:

a. Core Language: under one (1) minute for twenty-five (25) core languages most frequently spoken in Virginia. It is essential interpreters meet the one minute deadline for the more common languages such as Spanish and its various dialects. The Contractor must make every effort to meet the needs of VWC within one minute; however it is understood that there may be situations in which a core language may require more than a minute but the Contractor must realize the situational criticality of 24/7 service and the necessity to have readily available resources.

b. Non-Core Language: under three (3) minutes for the lesser known non-core spoken languages.

2. The Contractor shall have conference-calling services and capabilities.

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3. Scheduled telephone interpretation services shall provide an immediate link to the assigned interpreter fluent in the requested language. Scheduling will normally be made between 2 weeks and 1 month in advance. Calls will average between 30 minutes and 2 hours in length. Frequency is unknown.

4. Billing of Telephone Interpretation Services: Telephone interpretation services will be billed in sixty (60) second or one (1) minute increments during both standard hours and non-standard hours at the per minute rate specified in Attachment F, “Pricing Schedule”. Partial minutes or any portion of a full minute may be rounded up to the next highest minute.

Length of the call is measured from the time the appropriate target language interpreter is on the line and able to act as an intermediary to the time VWC staff terminate the call. Response times or wait times shall not be included in the billable call time. Wait time includes, but is not limited to, time spent in the contractor’s call menu system, with a dispatcher, or in a queue for an interpreter.

IV.PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

A. GENERAL REQUIREMENTS:

1. RFP Response : In order to be considered for selection, Offerors must submit a complete response to this RFP. One (1) original and five (5) copies of each proposal must be submitted.

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. Be sure to include responses to the attachments in your response.

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. The proposal should 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.

d. 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.

e. Ownership of all data, materials and documentation originated and prepared for the Commonwealth pursuant to the RFP shall belong exclusively to the Commonwealth 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 Section 11-52D 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

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is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. Attachment D, a summary sheet of proprietary information, must be included in the proposal .

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 proposal evaluation committee. 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 contract office will schedule the time and location of these presentations if required. Oral presentations are an option of the Commonwealth and may or may not be conducted; therefore, offerors should assure that their proposal is as complete and informative as possible when submitted.

B. SPECIFIC PROPOSAL REQUIREMENTS:

Proposals should be as thorough and detailed as possible so the evaluation panel 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 cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

2. A written narrative providing a detailed description of specific services to be provided and capacity to deliver the scope of work as described in Section III – Statement of Need. At a minimum this should include:

a. Experience, qualifications, and capacity of the Offeror and its staff (to include sub-contractors) for providing the services described in Section IV, including:

the company’s background, organizational structure, and fiscal management;

names and titles of the key management personnel directly involved with supervising the services rendered under this Contract along with their resumes;

name and resume of the Offeror’s contractor representative who, if the Offeror is selected for award, would be responsible for the daily oversight of the contract from the Contractor’s perspective;

screening, testing, experience, recruitment process, training (include information about the content of the training curriculum if one is used, credentials of trainer) of Offeror’s staff;

provide company policy and procedures regarding security clearance requirements, background checks, etc. of employees and subcontractors,

continuing education, certifications, monitoring and other quality assurance/assessment processes; and Code of Ethics, confidentiality statements, liability, protocols, etc.

b. Process/procedures for new user account set up, service utilization tracking, and billing, and sample billing statement.

c. Training procedures and/or processes for training VWC and local agency staff on service utilization and training of interpreters about VWC.

d. Provide information about disaster recovery systems and/or processes and business resumption plans that are in place in the event of communication systems breakdowns; switching equipment available and call volume capacity, etc.

e. The Offeror shall describe its Problem Reporting and Coordination Procedures, to include written procedures for reporting problems or suspected problems for the required services in this RFP, its ability to post a

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customer feedback form, and how all complaints received in any format (oral, written, fax, e-mail) will be documented and kept on file for review at the discretion of the Contract Administrator.

3. Provide a written narrative to describe the Offeror’s:

a. approach and capability to providing telephone interpreting services;

b. depth and breadth of interpreter pool to include:

The capability to continuously provide interpretation services for the 25 core languages; identify the non-core languages and dialects for which interpretation services are available; and identify any sub-contractors or backup alliances that the Contractor will use under this contract. provide a written certification from the firms or individual(s) that they agree to provide language(s) to

VWC under this contract; telephone connect time for the core and non-core languages.

c. Discussion of scheduled telephone interpretation procedures.

d. qualifications and minimum requirements of the interpreter pool and the quality assurance processes and procedures that will be used to monitor performance;

5. Experience and References:

Offerors shall provide a minimum of three (3) references with similar projects which document the Offeror’s ability to satisfactorily provide telephonic interpretation services. Each client reference shall be from a client for whom the Offeror provided service and shall include the following information: name of client organization name, title, and email address and accurate telephone number for point of contact for client organization value, type, and duration of contract(s) supporting client organization description of services provided, scope of the contract, and objectives satisfied

Offerors should provide, in addition, government references and experience (if available)

Offerors shall provide a list of all contracts with any government entity of the Commonwealth of Virginia currently active or which have been completed within the last 5 years. For each identified Contract the Offeror is to provide:

the State contracting entity a brief description of the services/goods provided the dollar value of the contract the term of the contract

6. Small Business Subcontracting Plan: Summarize the planned utilization of DMBE-certified small businesses which include businesses owned by women and minorities, when they have received DMBE small business certification, under the contract to be awarded as a result of this solicitation. Complete Attachment B.

7. State Corporation Commission Form (Attachment C). Required of all Offerors pursuant to Title 13.1 or Title 50 of the Code of Virginia.

V. EVALUATION AND AWARD CRITERIA:

A. EVALUATION: Proposals will be evaluated by the VWC proposal evaluation committeeusing the following criteria:

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1. Methodology 25 points2. Qualifications and experience 25 points3. SWaM Participation 20 points4. Price 30 points

B. AWARD OF CONTRACT:

Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. (See paragraph A above.) 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 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. (Section 11-65D, C ode of Virginia . ) 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.

VI. REPORTING AND DELIVERY REQUIREMENTS :

A. The Contractor shall submit all reports to the VWC Contract Administrator and provide tracking and reporting of internal quality measures on a monthly basis, within 15 days of the last day of the month being reported.

B. The Contractor shall provide the following reports electronically in software such as Excel, MS Word, and one (1) hard copy.

1. The Contractor shall provide monthly usage telephone interpretation summary reports to the Contract Administrator.

a. Provide, at a minimum, the following information:

billing month date of call time of call total time required to connect V W C with an appropriate interpreter. (This time, measured to the

nearest second, begins when the call is received at the Contractor’s switchboard and ends when the appropriate interpreter is on the line and prepared to begin interpreting.)

dropped calls/connectivity statistics interpreter name or identification number language / dialect requested originating telephone number(s) case or file number (if applicable) total conversation minutes total cost for conversation minutes per call total interpreting time by language total calls handled requests for language interpretation that could not be fulfilled, by language reason that a request for interpretation could not be fulfilled

2. Complaint Resolution and Maximum Customer Satisfaction : The Contractor shall provide monthly summary complaint reports to the Contract Administrator. The summary reports shall include, but are not limited to:

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person registering complaint contact information for person registering complaint name of contractor’s representative resolving complaint date interpreter name or identification number language / dialect interpreted detailed description of complaint complaint resolution complaints unresolved & reason(s) customer service calls (frequency and subject matter) number of complaints (per interpreter)

4. Supplier Diversity Reporting

The Offeror must submit data for small business including: (1) ownership, (2) utilization of DMBE certified small businesses over the recent 12 months, and (3) planned involvement of DMBE-certified small businesses on the procurement resulting from this solicitation. The format for submission of this data is included in Attachment B. Reports shall be sent to the attention of: Bruce Harris, Purchasing, VWC, 1000 DMV Drive, Richmond, VA 23220 or bruce.harris@workcomp.virginia.gov

The Contractor shall submit a quarterly report on involvement of small businesses and businesses owned by women and minorities. The report will specify the actual amounts of dollars spent with SWaM businesses to support any contract resulting from this solicitation. The report shall specify the DMBE SWaM certification(s) held by the business(es), the Subcontractor’s Federal Identification Number (FIN), the dollar amount of the subcontract expenditure (for the specific quarter being reported) and the Contract Number. The Contractor shall submit one copy of the report to VWC. The quarterly reports shall be for the periods of: July through September; October through December; January through March; and April through June. The reports shall be submitted October 10, January 10, April 10 and July 10 of each contract year. Failure to submit the required SWaM reports may result in invoices being returned without payment.

The Contractor shall submit, prior to final payment, a final actual involvement report on the actual dollars paid to small businesses and businesses owned by women and minorities during performance of any contract resulting from this solicitation. At a minimum, the report shall include for each business, the DMBE SWaM certification(s) (small, woman or minority owned) and a comparison of the total actual dollars spent with SWaM businesses to support the contract versus the Contractor’s planned expenditures with SWaM businesses (submitted with proposal package).

VII. PRE - PROPOSAL CONFERENCE : Omitted.

VIII. GENERAL TERMS AND CONDITIONS :

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.dgs.state.va.us/dps under “Manuals.”

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bid, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not

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discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bid, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or 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 FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

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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 (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

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between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

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

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

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

1. The parties may agree in writing to modify the 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 Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

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1. Workers’ Compensation – Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.003. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and

property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

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

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

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

T. NONDISCRIMINATION OF CONTRACTORS : A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal www.eva.state.va.us, streamlines and automates government purchasing activities in the Commonwealth. The 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 either through the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All bidders or offerors must register in eVA; failure to register will result in the bid/proposal being rejected.

a. eVA Basic Vendor Registration Service: eVA Basic Vendor Registration Service includes electronic order receipt, vendor catalog posting, on-line registration, electronic bidding, and the ability to research historical procurement data available in the eVA purchase transaction data warehouse.

b. eVA Premium Vendor Registration Service: eVA Premium Vendor Registration Service includes all benefits of the eVA Basic Vendor Registration Service plus automatic email or fax notification of solicitations and amendments.

Vendor Transaction Fee: (i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order.(ii) Businesses that are not SMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

V. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

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W. SET-ASIDES: This solicitation is set-aside for DMBE-certified small business participation only when designated “SET-ASIDE FOR SMALL BUSINESSES” in the solicitation. DMBE-certified small businesses are those businesses that hold current small business certification from the Virginia Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. For purposes of award, bidders/offerors shall be deemed small business if and only if they are certified as such by DMBE on the due date for receipt of bids/proposals.

X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

IX. SPECIAL TERMS AND CONDITIONS:

1. ADDITIONS TO THE CONTRACT: VWC reserves the right to add additional languages during the term of this contract as needed at the negotiated rate for that language at the time of need.

2. AWARD OF CONTRACT : Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. (See paragraph A above.) 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 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. (Section 11-65D, C ode of Virginia . ) 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.

3. PROPOSED PRICES : Proposed Costs shall be in the form of a firm unit price for each service requirement for the duration of the contract period.

See Attachment F, “Pricing Schedule”.

4. AUDIT : The Contractor shall retain all books, records, and other documents relative to this contract for five 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.

5. RENEWAL OF CONTRACT : This contract may be renewed by the Commonwealth for four (4) successive one (1) year periods under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately ninety (90) days prior to the expiration date of each contract period.

a. 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

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increased/decreased by more than the percentage increase/decrease of the Other Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. 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 Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

6. CANCELLATION OF CONTRACT : The Commonwealth reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, 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 Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

7. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION : The contractor assures that information and data obtained as to personal facts and circumstances related to court proceedings 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 and only in accordance with federal law or the Code of Virginia. Contractors 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. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

8. SUBCONTRACTS: In the event that the Contractor desires to subcontract some part of its obligation hereunder, the Contractor shall furnish the Commonwealth with the names, qualifications and experience of their proposed subcontractors. No portion of the contract shall be subcontracted without prior written consent of the Commonwealth. The Contractor shall remain fully liable and responsible for its subcontractor(s) and shall assure compliance with all requirements of the contract.

9. THIRD PARTY ACQUISITION : The Contractor shall notify the 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.

10. 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 marked in the lower left-hand corner with the solicitation number, commodity, hour and due date of the proposal. A sample of a return mailing label for identifying the package as a sealed proposal has been provided below. This format should be used on your response envelope. It is further suggested that if you submit your proposal by a courier such as FedEX or UPS, and place your sealed envelope inside the courier’s envelope, that you clearly mark the courier’s envelope with the same information. The courier’s envelope should be addressed as directed on the cover page of the solicitation.

Proposals may be hand delivered to VWC. However, ample time must be allowed for security check-in at the front desk and getting your package to the Purchasing Office prior to the closing time for the solicitation.

No other correspondence or other proposals should be placed in the envelope.

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11. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE :

A. It is the goal of the Commonwealth that 40% of its purchases be made from small businesses. This includes discretionary spending in prime contracts and subcontracts. All potential offerors are required to submit a Small Business Subcontracting Plan. Unless the offeror is registered as a DMBE-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to DMBE-certified small businesses. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification. No offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Department of Minority Business Enterprise (DMBE) by the due date for receipt of proposals. If small business subcontractors are used, the prime contractor agrees to report the use of small business with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, minority-owned), and type of service provided.

B. Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency on an annual basis, evidence of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the small business subcontracting plan. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm with the DMBE 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. The agency reserves the right to pursue other appropriate remedies to include, but not limited to, termination for default.

C. Each prime contractor who wins an award valued over $200,000 shall deliver to the contracting agency on an annual basis, information on use of subcontractors that are not DMBE-certified small businesses. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, and type of service provided.

12. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER : Pursuant to Code of Virginia, §2.2-4311.3 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 bid or 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. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation state (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 Contractor’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 Contractor as demonstrating compliance.

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OFFEROR’S NAMEOFFEROR’S ADDRESS

VA. WORKERS’ COMPENSATION COMMISSION1000 DMV DRIVERICHMOND, VA 23220

ATTENTION:BUYER: BRUCE HARRISRFP # 1911405RFP DUE: 2:00 PM ET, APRIL. 8, 2014PHONE: 804-205-3062

13. PRIME CONTRACTOR RESPONSIBILITIES : The Contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using their best skill and attention. Subcontractors who perform work under this contract shall be responsible to the Prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of their subcontractors and of persons employed by them as he is for the acts and omissions of their own employees.

14. HIRING PRACTICES : In the event a Contractor proposes to employ ex-offenders, the VWC may determine that it is not in the best interest to allow some ex-offenders to provide service. Some of the factors that the VWC may consider are: where the ex-offender served time, the nature of the crime, and the length of time since sentence obligation was completed.

15. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS : The solicitation/contract will result in multiple purchase orders and invoices with the eVA transaction fee specified below assessed for each order:

For orders issued July 1, 2013, and after, the Vendor Transaction Fee is:(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

The eVA internet electronic procurement solution website, www.eva.virginia.gov streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies.

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 this 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 www.eva.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

X. METHOD OF PAYMENT:

Valid invoices shall be submitted to the VWC within thirty (30) calendar days after services are provided. Payment will be made by VWC no later than 30 days after receipt of invoice or receipt of services, whichever is later in accordance with Section 2.2-4352 of the Code of Virginia.

For valid invoices equal to or less than $50,000, payment may be made using the Commonwealth of Virginia’s Small Purchase Charge Card (SPCC). The SPCC currently used is Bank of America’s VISA. Vendors are encouraged, but not currently required, to complete any changes to their eVA registration that would enable them to received payment electronically. If the vendor accepts the use of a credit card, it is mandatory that VWC employees utilize the SPCC.

All invoices from the Contractor shall identify, at a minimum, the following:

a. contract numberb. invoice datec. services dated. detailed description of service

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e. Time/categoryf. unit price/categoryg. total cost/categoryh. grand totali. any other comments/information related to the project

Monthly reports (see VII. Reporting and Delivery Instructions) should be submitted with the invoice detailing specifics of that month’s invoice.

Invoices shall be sent to: Virginia Workers’ Compensation Commission, 1000 DMV Drive, Richmond, Virginia 23220, Attention: Accounts Payable.

ATTACHMENT AVENDOR DATA SHEET

1. QUALIFICATION OF OFFEROR: The Offeror must have the capability and capacity in all respects to fully satisfy all of the contractual requirements identified within. It is the responsibility of the offeror to provide sufficient information in their proposal to enable the evaluation panel to determine the offeror’s qualification.

2. YEARS IN BUSINESS: Indicate the length of time you have been in business and providing this type of service: Years Months

3. REFERENCES: Indicate below a listing of at least three (3) recent references for whom you have provided similar services as described within. Include the date service was furnished and the name and address of the person the evaluation panel should contact. Offeror must validate the contact information prior to submission of proposal. The

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evaluation panel will not be obligated to request missing information and/or request correct contact information, etc. Provide a brief narrative statement for each reference describing the service provided. Expand on this format as needed. (If this information is included elsewhere in your firm’s proposal, you may refer to the location of this information.)

a. Company: ______________________________ Contact:_____________________________

Address: ______________________________________________________________________

Phone :(_____) _________________ Email: __________________________________________

Project: ______________________________________________________________________

Dates of Service: _________________________________ $ Value: _______________________

b. Company: ______________________________ Contact:_____________________________

Address: ______________________________________________________________________

Phone :(_____) _________________ Email: __________________________________________

Project: ______________________________________________________________________

Dates of Service: _________________________________ $ Value: _______________________

c. Company: ______________________________ Contact:_____________________________

Address: ______________________________________________________________________

Phone :(_____) _________________ Email: __________________________________________

Project: ______________________________________________________________________

Dates of Service: _________________________________ $ Value: _______________________

ATTACHMENT BSUPPLIER DIVERSITY & SMALL BUSINESS SUBCONTRACTING PLAN

All information requested by this RFP on the ownership, utilization and planned involvement of DMBE-certified small businesses must be submitted. If an Offeror fails to submit all information requested, VWC may require prompt submission of missing information after the receipt of proposals.

DEFINITIONS

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Small Business: "Small business" means an independently owned and operated business which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. Note: This shall not exclude DMBE-certified women- and minority-owned businesses when they have received DMBE small business certification.

Women-Owned Business: Women-owned business means a business concern that is at least 51% owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law.

Minority-Owned Business: Minority-owned business means a business concern that is at least 51% owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

All small businesses must be certified by the Commonwealth of Virginia, Department of Minority Business Enterprise (DMBE) by the due date of the solicitation to participate in the SWAM program. Certification applications are available through DMBE online at www.dmbe.virginia.gov

Offeror Name:

Preparer Name:

Date:

Instructions

1. If your firm is certified by the Virginia Department of Minority Business Enterprise (DMBE) as a small business, complete only the section directly below This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification.

If your firm is certified by the Virginia Department of Minority Business Enterprise (DMBE), are you certified as a (check only one below):

Small BusinessSmall and Women-owned BusinessSmall and Minority-owned Business

Certification number: Certification Date:

2. If you are not a Virginia DMBE-certified small business, provide the information requested below. 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 DMBE-certified small business in this section. Adjectival ratings will be assigned based on each Offeror’s proposed subcontracting plan and the percentage of total contract dollars the Offeror plans to spend with DMBE-certified small businesses as indicated below.

Provide the information below to show your firm's plans for utilization of DMBE-certified small businesses in the performance of this contract. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc.

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Plans for Utilization of DMBE-Certified Small Businesses for this Procurement

1. Indicate the percentage of total contract dollars your firm projects to spend with DMBE-Certified Small Businesses during the initial period of the contract:

___________%

2. Describe the planned involvement (type of goods and or services) these businesses will be providing.

3. Provide the names of these businesses, if currently available.

ATTACHMENT CSTATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number: ________________.

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-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 this 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.*

Signature: _____________________________________________________

Name: _____________________________________________________(Print)

Title: _____________________________________________________

Name of Firm: __________________________________________________

Date: _____________________________________________________

* The Commonwealth reserves the right to determine in its sole discretion whether to allow such a waiver.

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ATTACHMENT DTRADE SECRETS AND/OR PROPRIETARY INFORMATION

Please mark one:

( ) No, the proposal submitted in response to RFP No. 1911405 does not contain any trade secrets and/or proprietary information.

( ) Yes, the proposal submitted in response to RFP No. 1911405 does contain any trade secrets and/or proprietary information.

If the proposal submitted in response to RFP No. 1911405 contains any trade secrets and/or proprietary information., list the page number and the reasons why the information is considered a trade secret and/or proprietary information. These pages shall be conspicuously labeled ‘PROPRIETARY INFORMATION” IN RED INK AT THE TOP AND BOTTOM CENTER OF EACH PAGE.

Do not mark the proposal, in its entirety, “proprietary”.

SECTION/TITLE PAGE NUMBER(S)

REASON(S) FOR WITHHOLDING FROM DISCLOSURE

See Section V, PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS,” “General Instructions.”

Identify the reason for withholding from disclosure by applying the applicable code from below and/or by written explanation.

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A= This page contains information relating to “trade secrets”, and “proprietary information” including processes, operations, style of work, or apparatus, identify, confidential statistical data, amount or source of any income...of any person (or) partnership. “See Virginia Public Procurement Act, Section 11-52 (D). Unauthorized disclosure of such information would violate the Trade Secrets Act 18 U.S.C. 1905.

B= This page contains proprietary information including confidential, commercial or financial information which was provided to the Government on a voluntary basis and is of the type that would not customarily release to the public. See Virginia Public Procurement Act, Section 11-52 (D); 5 U.S.C. 552 (b)(4); 12 C.F.R. 309.5(c)(4).

C= This page contains proprietary information including confidential, commercial or financial information. The disclosure of such information would cause substantial harm to competitive position and impair the Government’s ability to obtain necessary information from contractors in the future. 5 U.S.C. See Virginia Public Procurement Act, Section 11-52 (D); 552 (b)(4); 12 C. F. R. 309.5(c)(4).

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ATTACHMENT EADDENDUM ACKNOWLEDGEMENT

ADDENDUM ACKNOWLEDGEMENT: I/we acknowledge receipt of the following addenda:

Addendum No.: ______________ Dated: ________________

Addendum No.: ______________ Dated: ________________

Addendum No.: ______________ Dated: ________________

Date:__________________________________________________

Name of Company: ______________________________________

Name of Authorized Signatory: (Print) ________________________

Signature: ______________________________________________

Title: __________________________________________________

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ATTACHMENT FPRICING SCHEDULE

YES NODoes your organization accept the VISA credit card for payment?

The Contractor shall be responsible for all administrative costs associated with performing interpretation services under this contract. These associated costs include staff time for processing translation requests, purchase, operation and maintenance of office equipment, purchase operation and maintenance of computer hardware and software, toll-free fax service, and postage. All rates provided must be inclusive of administrative costs.

Pricing shall be reflected in standard price format, e.g., 18 cents should be stated as $0.18.

VWC will not pay or reimburse any travel time or mileage incurred by Contractor for scheduled meetings or for any meetings relating to unsatisfactory performance issue.

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The Offeror shall provide a per minute rate for telephone interpretation services during standard operating hours (Monday through Friday, 8:00 am to 5:00 pm ET) and non-standard hours for both core and non-core languages.

TELEPHONIC INTERPRETATION SERVICES

DESCRIPTION OF SERVICES CORE LANGUAGES

NON-CORE LANGUAGE

CONTINUOUSLY AVAILABLE

NON-CORE LANGUAGE

NOT CONTINUOUSLY

AVAILABLESTANDARD HOURS

PER MINUTE RATE

*** SPANISH ONLY ***

N/A N/A

STANDARD HOURS

PER MINUTE RATE

(ALL LANGUAGES EXCEPT SPANISH)

NON-STANDARD HOURS

PER MINUTE RATE

*** SPANISH ONLY ***

N/A N/A

NON-STANDARD HOURS

PER MINUTE RATE

( ALL LANGUAGES EXCEPT

SPANISH)

List the Non-Core Languages the Offeror will provide and indicate, by checking the appropriate box, if the language will be continuously available.

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ContinuouslyNot Continuously

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Available

Available

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ATTACHMENT GCOMMONWEALTH OF VIRGINIA

CORE AND NON-CORE LANGUAGES

Core Languages: The following twenty-five (25) core languages most frequently spoken languages in Virginia:

CORE LANGUAGESAmharic Greek RussianArabic Hindi SomaliBengali Italian SpanishChinese – Cantonese Japanese Tagalog

Chinese – Mandarin Khmer/Cambodian Thai

Farsi/Persian Korean Urdu French Portuguese VietnameseGerman PunjabiGujarathi Polish

Non-Core Languages and Dialects: The following are the lesser known non-core spoken languages, including but not limited to the following languages with heavy concentrations in specific regions in Virginia.

NON-CORE LANGUAGES AND DIALECTS

Acholi Hmong Serbo-Croatian

Albanian Indonesian SwahiliBantu Kirundi TamilBangla Krahn TeleguBulgarian Krio TigrinyaBosnian Kurdish TurkishBurmese Lao TwiDari Maay Maay UkranianDinka Mongolian WolofFrench Creole Nepali

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Haitian Pashto

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