156-24-167 Scope of Work Landscaping Div 5 Shooting Range.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF STATE POLICE

Un-Sealed INVITATION FOR BIDS

(UIFB)

Issue Date: February 12, 2024 IFB#: 156-24-167

Title: Landscaping / Grounds Maintenance – Division 5 Shooting Range Commodity Code: 98836 Issuing Agency: 156 Department of Virginia State Police PO Box 27472 Richmond, VA 23261-7472 ATTN: Tammy Boyer I Procurement /Berkley Building / Bid # 156-24-167

Using Agency and/or Location Where Work Will Be Performed: 3417 Burdette Road SR-619, Carrsville, VA 23315

Period Of Contract: From DATE OF AWARD through 1 year/ 12 months. (Renewable*)

Un-Sealed Bids Will Be Received: Until Monday, March 11, 2024 at 10:00 am

Mandatory Pre-Bid Conference and Site Visit: Wednesday, February 28, 2024 at 10:30 am

For Furnishing The Services Described Herein.

All Inquiries for Information Should Be Directed to: Tammy Boyer / email: tammy.boyer@vsp.virginia.gov

IF BIDS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE.

IF BIDS ARE HAND DELIVERED, DELIVER TO: Virginia State Police, 7700 Midlothian Turnpike, North Chesterfield, VA 23235 Attn: Duty Sergeant (Visitor Lobby) / HOURS: Monday through Friday, 8:00 am to 4:00 pm. Un-Sealed envelope must have identification information as stated on page 3 and 4 of this solicitation.

In compliance with this Invitation For Bids (UIFB) and all conditions imposed in this UIFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this UIFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

* Virginia Contractor License No. __________________ * DSBSD-certified Small Business No. ________________ Class: ________ _ Specialty Codes: _______________

Name and Address of Firm:

_____________________________________________ Date: ______________________________________ _____________________________________________ By: _______________________________________ _____________________________________________ (Signature In Ink) __________________________Zip Code:___________ Name: _____________________________________ eVA Vendor ID or DUNS #:______________________ (Please Print) Fax Number: (___) ____________________________ Title: ______________________________________ E-mail Address:_________________________________ Telephone: (___)_____________________________

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-

4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Table of Contents

IFB # 156-24-167

Title: Landscaping – Ground Maintenance / Div 5 Chesapeake Shooting Range

Location: Virginia State Police

I. Purpose

II. Scope of Work III. Mandatory Site Visit IV. General Terms and Conditions V. Special Terms and Conditions

VI. Method of Payment VII. Pricing Schedule

Attachments:

• Attachment “A” -State Corporation Commission Form

• Attachment “B” - Vendor Date Sheet

• Attachment “C”- Business License and Applicator Information Form

Electronic Bid Submission:

Electronic bid submission with required documents attached is preferred and strongly encouraged. Bidder must be registered in eVA in order to submit an electronic or unsealed or sealed paper bid. The following are instructions for submitting an electronic or sealed paper bid.

a. Go to https://eva.virginia.gov

b. Click on "I Sell To Virginia";

c. Click on "eVA Supplier Training"; and

d. Click on "Viewing and Responding to Solicitations Video"

If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov prior to the closing date and time.

If this is your first time submitting an electronic bid, it is strongly suggested your company click on the above training modules to ensure bid will be received prior to the closing date and time. You are encouraged to do this in advance of the required submission time for possible assistance from eVA customer care.

Paper Bid Submission:

When submitting a paper bid response, Bidders must return the completed and signed response in a sealed envelope identified as shown below. If the bid is not submitted as shown, the Bidder risks that the envelope may be inadvertently opened, and the information compromised which may cause the bid to be disqualified. No other unrequested correspondence or other bids should be placed in the envelope.

From: _____________________________

Name of Bidder Due Date Time

_____ ________156-24-167_________

Street or Box Number IFB No./RFP No.

Landscaping/Grounds Maintenance Div 5 Shooting Range

City, State, Zip Code IFB/RFP Title

DSBSD-certified Micro Business or Small Business No. ________________________

Name of Contract Officer or Buyer Tammy Boyer, VCA/VCO/VCARM https://eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT THE BID IS DELIVERED TO THE CORRECT DELIVERY ADDRESS AND LOCATION BEFORE THE CLOSING DATE AND TIME. VSP SHALL NOT BE RESPONSIBLE IF A BID IS NOT DELIVERED BY THE CLOSING DATE AND TIME. LATE BIDS WILL NOT BE OPENED AND WILL BE RETAINED UNOPENED IN THE PROCUREMENT

FILE.

BID SUBMISSION ADDRESS AND SECURITY INSTRUCTIONS:

1. Express Delivery Service: Bidder shall mail the bid to:

Commonwealth of Virginia, Virginia State Police, Property & Finance Division-Procurement, Attn: Tammy Boyer / 156-24-167 7700 Midlothian Turnpike, N Chesterfield, VA 23235-5226.

Bidder should allow ample time for delivery.

2. U.S. Postal Service: Bidder shall mail the bid to:

Commonwealth of Virginia, Virginia State Police, Property & Finance Division-Procurement, Attn: Tammy Boyer / 156-24-167 7700 Midlothian Turnpike, N Chesterfield, VA 23235-5226.

Bidder must allow ample time for the package to be processed.

3. Hand-Delivered/Courier: Bidder shall deliver the proposal to:

Attn: Tammy Boyer / 156-24-167 Commonwealth of Virginia, Virginia State Police Property & Finance Division-Procurement, 7700 Midlothian Turnpike, N Chesterfield, VA 23235-5226.

Bidder should allow time at our receptionist’s area/window. This area/window is used by the general public for many services that are provided by VSP and during certain times of the day has a waiting line for the receptionist.

Invitation for Bid (IFB)

Landscaping/ Grounds Maintenance Virginia State Police

156-24-167

I. PURPOSE: The purpose of this Invitation for Bids (IFB) is to solicit unsealed bids whereby a term contract may be established with one qualified firm for furnishing Landscaping/Grounds Maintenance Services for Virginia State Police (VSP) located at:

Division 5 Shooting Range, Address: 3417 Burdette Road, Carrsville, VA 23315 per the Specifications, Terms and Conditions and Pricing herein.

II. SCOPE OF WORK:

1. The Contractor shall furnish all labor, materials, supplies, supervision and equipment to provide Landscaping/Grounds Maintenance performed in accordance with all OSHA, Federal, State and local regulations and contract requirements for the VSP Facility/Location listed above.

2. Mowing should be provided on an “On-Call” basis approximately every month from

April through November (Mowing Season) by the VSP Contract Administrator or designee. Contractor shall not perform services unless requested by VSP. Additional Services specified in paragraph # 8, such as extra leaf collection/disposal and new mulch etc., shall be performed On-Call and as specified herein. The work hours and schedule shall be determined and agreed upon between the Contractor and each VSP Contract Administrator or designee.

Contract Administrator: Lt. Allen Williams at (757) 508-3757

3. Contract Term: 1 year (12 months) / upon award (renewable)

4. Each Service Location will have a First Sergeant, Lieutenant, or their assigned designee to be the Contract Administrator (CA). Specifications that reference CA herein, indicates the VSP Contract Administrator that will be assigned at each location during the award process. The CA will have no authority to approve changes in this Scope-of-Work/Specifications, or changes which call for an extension of time, or change in contract terms or prices. Contract modification must be authorized by the Contract Officer and issued as a written change to the contract and a properly executed change order to the Purchase Order.

5. Work Hours: Each Facility will be available during the hours of (8:00 AM to 5:00 PM / Monday through Friday) to perform the work unless otherwise changed by mutual agreement between VSP and the Contractor after contract award, including State Holidays. The exact work hours for each location will be determined by the CA and based on operational needs.

6. Level of Service: The Contractor shall provide a level of ‘adequate’ service that is equal to Industry Standards for the service provided. Adequate service is defined as Landscaping Services/Grounds Maintenance that will provide neither serious nor repeated criticism.

7. BASIC LANDSCAPING/GROUNDS MAINTENANCE SERVICE: The following Tasks

( 7.A – 7.D ) shall be completed, at a minimum, at the request of the designated CA as BASIC services. To clarify the areas for basic services at this location, Contractor shall maintain all flat areas and ditches.

A. Mowing and Edging:

1. All debris/trash shall be picked up before each mowing and disposed of off- site.

2. Turf areas shall be mowed with a rotary mower at a height of approx. 2- 1/2” to 3-1/2”. A high-quality cut shall be provided by mowers with sharp cutting edges/blades. Mowing shall be accomplished in such a manner as not to damage any property, trees or shrubs/plantings.

3. Grass clippings may be evenly distributed or scattered and recycled on site to permit the return of nutrients to the soil. Excessive clippings shall be removed from the site.

4. Trimming around trees, shrubs and other obstacles shall be performed every mowing event.

5. All accessible sidewalks, curbs and parking lots/areas shall be mechanically edged approximately every other mowing event or sooner if needed or requested by CA.

6. Clippings, dirt and debris shall be removed from all sidewalks, patios and other hard surfaces after each mowing event or as requested by

CA.

7. The rock-lined ditches within the berm area and along the left side of the building shall be maintained using line trimming.

B. Mulching/Bed Preparation:

1. The Contractor shall maintain previously mulched ornamental beds to present a neat appearance and to maintain the health of the plantings throughout the mowing season, Contractor shall maintain by removal of non-cultivated plants, removal of leaves and debris as needed.

2. Before any new mulch is applied, (executed as part of paragraph # 8 / additional services) the Contractor shall neatly edge beds and tree saucers and remove debris, non-cultivated plants and/or excessive mulch from the previously mulched areas.

3. The Contractor shall only use double-shredded hardwood mulch

(natural color) and shall maintain a total depth of 2 to 3 inches.

C. Pruning:

The Contractor shall prune all ornamental shrubs and trees to existing forms during the growing season. In all cases, maintain at least 6” clearance between any growth and facility walls, railings, and walks.

Remove all dead wood. Ground cover plantings, perennials and bulbs shall be cut back as appropriate for species.

D. Leaf Collection:

Non-excessive leaves shall be removed from turf, mulched beds, facility rain gutters (if present) and hard surfaces as needed throughout the mowing season or requested by the CA.

E. Shooting Range: Areas inside and outside of Berms-Maintenance

The Shooting Range Top and Inner Sides of Berm as described below shall be provided on an “On-Call” basis approximately 3 - 4 services from April through November (Mowing Season) by the VSP Contract Administrator Only. VSP estimates the Contractor will maintain the berms as described in section E. at a minimum every other month during mowing season, depending on growing or lack of growing on Berms.

Work performed at the Shooting Range must be coordinated with CA. Shooting Range services must be scheduled to avoid active training and maintain the safety of Contractor employees.

Services required for the Shooting Ranges: Contractor shall service and maintain the top, inner sides and back slopes as follows:

Top of Berm/Backstop Area: Vegetation shall be cut no lower than six inches to ensure sufficient erosion control. (Maximum height = 12”); Consult CA for any adjustment necessary for site specific requirements.

Inner Sides of Berm/Backstop/ Back Slopes: Vegetation shall be cut no lower than 10” to ensure sufficient erosion control. (Maximum height = 14”); Consult CA for any adjustment necessary for individual/site specific requirements.

Hard Surface: Contractor shall maintain the hard service by controlling all grass, vegetation, and weeds with the use of a weed trimmer and herbicides.

8. ADDITIONAL SERVICES:

These services are typically conducted in April and/or September, but can be requested anytime during the contract period. These services shall also be completed on an as-needed basis at the request of the CA.

• Additional/replacement plantings;

• Tree trimmed at front gate area;

• Broken tree and limbs removal;

• Excessive leaf (fall foliage after mowing season) removal;

• Complete removal and application of new mulch;

• Fence line vegetation removal/cut and fence tree/bush removal on both sides of fence.

• Apply herbicides areas deemed by CA to prevent vegetation growth.

Additional Services must be provided by the Contractor. Contractor will present CA with a detailed quote/proposal of the work and associated costs for review and approval prior to commencing any work. See Work Estimates in Special Terms and Conditions. VSP reserves the right to solicit prices for Additional Services from other sources.

9. Requirement: Commercial Certified Pesticide Applicator and Pesticide Business License / This project shall require the application of herbicides as deemed by CA.

This application must be provided by a Commercial Certified Pesticide Applicator and shall be in accordance with the requirement of the Virginia Department of Agriculture and Consumer Services. This requirement may be met by the contractor or through sub-contracting this function. Proof of license shall be required prior to contract award. The Business License and Applicator Verification Form (Attachment “C”) must be completed and submitted with bid documentation.

10. Contractor Furnished Equipment:

The Contractors equipment must be maintained in good operating condition and in sufficient quantities to adequately perform all required services.

11. Security:

The Contractor shall comply with the following VSP Security Policies and Procedures and may be subject to security inspections:

a. The Contractor’s personnel shall maintain a professional appearance and shall display a photo Identification Card/Logo indicating Company affiliation while on VSP Property.

b. Do not attempt to access a locked or secured area unless under VSP escort.

c. Contractor shall be provided instructions to access property.

12. Additional Responsibilities:

a. Contract Administrator (CA):

1. The CA will monitor Contractor activities for compliance with contract documents.

2. The CA will report any Contractor Performance issues to the Contract Officer.

b. Contractor:

1. The Contractor shall schedule an initial coordination meeting with the CA for communication/coordination of the landscaping function and quality control within 10 days from award of contract. The Contractor shall obtain approval from the CA of content within the inspection report. The Contractor shall periodically inspect the entire area of the grounds under contract not less than twice a month, using an inspection report of the Contractor’s design, for the purpose of ensuring quality workmanship and compliance with the contract. Such inspection report shall be given to the CA on the date of inspection. This procedure will provide both the CA and the Contractor with the opportunity to note discrepancies and maintain a mutually beneficial working relationship in an effort to resolve discrepancies.

2. The Contractor shall implement corrective actions to prevent recurrence of minor discrepancies. Actions taken shall be conveyed to the CA during the next coordination meeting.

3. The Contractor shall take immediate corrective action (within 24 hours) on any major discrepancy noted and reported to the Contractor by the CA. These correction actions will be noted in writing/email and noted on the Supplier Evaluation Form in the Contractor’s File. Such corrective action shall be at no additional cost to VSP.

4. The Contractor’s Supervisor shall be responsible for the conduct and performance of the Contractor’s employees and compliance with the following rules:

a. Contractor’s employees appearing to be under the influence of alcohol, marijuana or drugs shall not be permitted on the property.

b. No loud or boisterous conduct will be permitted.

c. VSP reserves the right to request the removal of any of the Contractor’s employees at any time for reasonable cause. The Contractor or designated Supervisor shall have such employees leave VSP premises upon receipt of such request.

d. The Contractor shall employ a sufficient number of experienced personnel to adequately perform all the specified services at the frequency and at the standard specified herein.

e. All VSP facilities are “Smoke-Free”. No use of tobacco products will be permitted on VSP property with the exception of designated areas for such activities.”

III. MANDATORY PREBID CONFERENCE and SITE VISIT

A mandatory pre-bid conference and site visit will be at 10:30 am (EST), Wednesday

February 28, 2024 at the Virginia State Police/ Division 5 Shooting Range: 3417 Burdette Road, Carrsville, VA 23315. the range is located in the back of Walters Refuse and Recycling Center, which is located at 3403 Burdette Road, Carrsville, VA 23315. NOTE :

If you have access to Google Maps, you can enter D5 Range and it should take you to the location. Once you turn on the road towards the refuse center, continue past the refuse lot and continue towards the woods, follow the gravel drive toward to the shooting range. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Please ensure you give yourself plenty of time to find the pre-bid site location.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted after 10:40 am (EST) at front gate.

Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation and posted on the eVA website:

https://eva.virginia.gov

IV. 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 process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) 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 eva.virginia.gov under “I Sell To Virginia”.

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, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit 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 bids, 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 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 sexual orientation, gender identity, 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, sexual orientation, gender identity, 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 the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

https://eva.virginia.gov/ https://eva.virginia.gov/index.html

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

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 bids, bidders certify that their bids are 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: Applicable for all contracts over $10,000:

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 participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS

Failure to submit a 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:

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 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 resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. 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. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

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

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

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

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

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

L. QUALIFICATIONS OF 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 terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the 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, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the 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 may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for 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 certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. 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.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit.

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 in eVA (eva.virginia.gov) for a minimum of 10 days.

S. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

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, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder 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, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eva.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue 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 that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

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

X. 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.

Y. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations.

Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

V. Special Terms and Condition

1. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD OF CONTRACT:

The Commonwealth will make the award on a Grand Total basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

3. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.