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during the performance of the Contract.
<br /> 25. NONOISCRIMINATtON OF CONTRACTORS �
<br /> No contraclor shail be discriminated against in the solicitation o� awa�d of this Contract because of race, religion,
<br /> color, sex, �ational origin, age, disability, faith-based organizational status, any other basis p�ohibited by state law
<br /> relating to discriminatlon in employment or because the Contractor employs ex-offenders uniess DPS has made a
<br /> written determination that empioying ex-offenders on the specific Contract is not in its best interest. If the award of
<br /> this Contract is made to a faith-based organization and an individual, whfl applies for or receives goods, services, or
<br /> disbursements provided pursuant to this Contract objects to the religious character of the faith-based organization
<br /> from which the individuai receives or would receive the goods, services, or disbursements, DPS shali offer the
<br /> indlvidual, within a reasonabie period of time after the date of his objection, access to equivalent goods, services, or
<br /> disbursements from an alternative provider.
<br /> 26. AVAILA6ILITY OF FUNDS
<br /> It is understood and agreed between the parties herein that the Commornvealth shalf be bound hereu�der only to the �
<br /> extent of the funds available or which may hereafter becoms availabie for the pu�pose of this Contract.
<br /> 27. AUTHORIZATION TU CONQUCT BUSINESS!N THE COMMONWEALTH
<br /> A Coniractor organized as a stock � nonstock corporation, limited liability company, business trust, or limited
<br /> partnership or registered as a registered limited liability partnership shall be authorized to transact business in the
<br /> Commornnrealth as a domestic or foreign business antity if so required by Title 13.1 or Title 50 of the Code of Virginia
<br /> or as otherwise required by law. Any business entity described above that enters into a contract with a public body
<br /> pursuant to the Vrginia Pu6lic Procurement Act shalf not allow its ex(stence to lapse or its certificate of authority or
<br /> registration to transact business i� the Commonwealth, if so required under Titte 13.1 or Title 50, ta be revoked or
<br /> cancelled at any time during the term of the Contract. DPS may void any contract with a business entity if the
<br /> business entity fails ta remain in compliance with ihe provisions of this section.
<br /> 28. FINANCIAL WARRANTY
<br /> Contractor shall ensure that the prices, discounts, ince�tives, and other financial terms (collectivefy, the "financial
<br /> deal") appiicable to purchases under this Contract is always at least as favorable to the purchaser as the financial .
<br /> deal that the Contractor or its affiliates make available to any public body in Virginia for the same good(s)/service(s)
<br /> outside this ConU�act. Throughout the term of this Contract,if Contractor(or any affiliate)makes a better financial deal
<br /> available to a public body in Virginia for any good(s�service{sj available under this Contract, Contractor shall
<br /> immediately nofify the Commonwealth of the details and, at the Commonwealth's opt�on, sign an amendment to this
<br /> Contract. so that an equivalent financial deal for the affected good(s)/seroice(s) is also available as an option under
<br /> this Contract. Contractor may request exemption if the better financial deal was for a s�t purchase, and the
<br /> Commonwealth shall grant such request If the Commornnrealth in good faith finds that the spot purchase involved
<br /> special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot
<br /> purchase. Upon the Commonwealth's requesi {and annuaily), Contractor shall submit an affidavit certifying full
<br /> compllance with this Section. The Contractor(and any affiliate}shall waive any conVactual or other right that inhibits ;
<br /> any public body in �rginia from disclosing to the Commonwealth or others the financia(terms made available to the �
<br /> public body, a�d upon request from the Commonweatth, Contractor shall ensure that a signed confi�mation of the
<br /> waiver is provided to the public body and the Commonwealth_ As used in this Section, an affiliate is any entity that ;
<br /> contirols, is controlfed by,or is under common control with,the Confractor. _
<br /> I
<br /> This Contract shall provide overall best value for any Vi�ginia pubiic body and transportation authority to acquire �
<br /> Contractor's products/services:in terms of pricing,warranty,services,product range,and any other criteria essential 3
<br /> to their need.Contract shall provide goods and services of equaUbetter quality,competi6ve cost of iike
<br /> products/services,less effort to understand(and use)by customers and suppliers.
<br /> 29. AUDIT
<br /> The Contractor shall �etain all books, records, and other documents reiative to this Contract for five (5) years after
<br /> final payment, or uniil audited hy the Cammonwealth of Virginia, whichever is sooner. The Commonwealth,
<br /> Authorized Users, andlor the Commonweafth's/Authorized User's auditors shail have full access to and the right to
<br /> Gillig Buses `
<br /> E194-75548 MA2274 �
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