158713IFB.pdf

Administrative Services/Procurement

Culpeper District

Grounds Maintenance Services- Louisa Residency

IFB #158713

INVITATION FOR BIDS

Issue Date: February 16, 2024 IFB# 158713

Title: Grounds Maintenance Services- Louisa Residency

Commodity Code(s): 98836

Location Where Work Will Be Performed: Louisa Residency

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Jason Bailey

Email: Jason.Bailey@vdot.virginia.gov

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid Conference will be held at 11:00 AM Eastern Standard Time (EST) on February 26, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 11:00 AM EST on March 7, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

, Virtual Public Bid Opening Date and Time: 11:30 AM EST on March 7, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION FORM

4. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

5. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

6. SUBCONTRACTOR APPROVAL REQUEST

7. NORMAL AND EMERGENCY CONTACTS

8. REFERENCES

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.f 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.

Administrative Services Division

Invitation for Bids IFB # 158713

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 7

VI. Method for Payment 8

VII. Invoicing 8

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 9

X. Special Terms and Conditions 15

ATTACHMENTS

A. Vendor Qualification / Equipment Inventory Certification – Fillable Form

B. Small Business Subcontracting Plan (SBSP) – Fillable Form

C. VA State Corporation Commission – Fillable Form

D. Normal and Emergency Contacts – Fillable Form

E. Subcontractor Approval Request – Fillable Form

F. References – Fillable Form

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

I. Name of manufacturer and Shipping Point (If Necessary)

G. Mowing Site Map

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.virginiadot.org/business/virtualcampus.asp

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide grounds maintenance services on approximately 2.75 acres at the Louisa Residency Office, 3709 Davis Highway, Louisa, VA

23093. Services shall include mowing of all grass areas, edging, string trimming, leaf removal, litter removal, plant bed hand weeding, tree and shrub trimming, mulch applications, herbicide application/spot spraying, and yard debris removal.

PERIOD OF CONTRACT: From date of award through one year (renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting

Plan (SBSP) Attachment B with the electronic bid response in eVA. Bidders selecting the “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier

Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Jason Bailey at Jason.Bailey@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

Provide questions no later than 3:00 PM EST on March 5, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This

Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall provide all labor, supervision, equipment, tools, supplies and incidentals as necessary to satisfactorily perform grounds maintenance services at the VDOT Louisa Residency Office, 3709

Davis Highway, Louisa, VA 23093.

1. The Contractor shall furnish all labor, equipment, supervision, foreman, supplies, materials, tools, and incidentals necessary to satisfactorily perform ground maintenance services to include mowing of all grass areas, edging, string trimming, litter removal, leaf removal, plant bed hand-weeding, tree and shrub trimming, mulch applications, herbicide application and yard debris disposal. Services are to be performed in an efficient, professional, and workmanlike manner consistent with the highest generally accepted industry standards and practices. These services are to be performed in accordance with all OSHA, VOSHA, Federal, State and local regulations and the contract requirements below.

2. The normal ground maintenance season shall be from approximately April 15 through November 30 of each calendar year. This will not exclude the Contractor from performing work during the period of November 30 to

April 15, if requested by the Contract Administrator.

3. The Contractor shall commence work operations within three (3) workdays after receiving notification from the

Contract Administrator or designee. Normal work hours are generally from 7:00 AM to 3:30 PM, Monday through

Friday, unless mutually agreed upon. Contractor shall schedule commencement of work so that all work is file://///501nvnas1/personal$/Jason.Bailey/backup_23Jun2021/Desktop/IFB%20Solicitations/Louisa%20Mowing/Jason.Bailey@VDOT.virginia.gov completed by 3:30 PM on the day the work begins. The Contract Administrator will coordinate the scheduling of the work with the Contractor on an as needed basis. Schedule considerations will be made due to weather conditions or when mowing operations are cancelled or suspended by the Contract Administrator or designee.

Ground maintenance services shall only take place when weather conditions permit. All operations shall cease whenever rain, sleet, hail or snow begins to fall or any other conditions, which are considered hazardous to the crew members as specified by the Contract Administrator.

4. If the Contractor fails to commence work at the mutually agreed upon time, a Procurement Complaint Form may be issued against the Contractor. It shall address the deficiency and corrective action needed. If corrective actions are not acquired by the deadline stated in the cure letter, VDOT may have the work accomplished by another source and the Contractor may be held responsible for any resulting additional purchase and administrative costs in accordance with the General Terms and Conditions Paragraph P. In the event VDOT has to perform the ground maintenance services, the Contractor shall not be paid for any services performed by others.

5. The Contractor’s personnel shall be required to sign in at the front desk in the main office building at the beginning of each workday. If the Contractor’s personnel fail to sign in prior to beginning work activities, then no payment shall be made for work that cannot be verified. The Contractor’s personnel shall not be allowed inside access to the buildings at any time except to sign in and rest room breaks. At the conclusion of each service visit, Contractor shall provide a service ticket that lists date and services rendered for each visit, signed by the Contractor.

6. STATE HOLIDAYS: Work shall be performed according to the schedule provided above or mutually agreed upon, weather conditions permitting. Contractor will not be permitted to work on holidays. In the case of a

Holiday, the Contract Administrator and Contractor will mutually agree to another day of the week. State holidays can be found on https://www.dhrm.virginia.gov/payandholidaycalendar.

7. Communications: To ensure the overall safety of all personnel and VDOT property involved, the Contractor shall be required to provide employees that are able to communicate in the English language. The employees shall be required to demonstrate that they are capable of understanding directions and tasks requested in English for safe and effective operations.

8. Storage of Equipment: The Contractor shall not deliver, store, or park equipment within the VDOT right-of-way or VDOT property unless approved by the Contract Administrator. VDOT shall not be responsible for any damage to the Contractor’s equipment at any time or while left at the work site.

9. Contractor’s Personnel Conduct: The Contractor shall be responsible for the conduct of all personnel while on the work site. All personnel involved with the work being performed shall obey all the rules and regulations of

VDOT. Inappropriate behaviors displayed by the Contractor’s employees, including, but not limited to, addressing stopped motorists or VDOT employees for personal gain, whistling or leering at motorist or VDOT employees will not be tolerated. Any employee of the Contractor exhibiting inappropriate behavior will be barred from work sites permanently. Repeated incidents of inappropriate behavior from the Contractor’s employees shall be grounds for termination of this contract. Contractor’s employees shall refer all public questions concerning projects performed under this contract to the Contract Administrator. Contractor’s employees shall communicate in a courteous and respectful manner to any VDOT employees, citizen, or any of the traveling public if approached with questions.

10. Crew Supervision: The Contractor shall designate one person to be the Supervisor of each operational crew. That person shall be responsible for ensuring all requirements stated in the contract are met and performed in a safe, professional and satisfactory manner. The Supervisor shall supervise and direct the work of his/her employees at all times. The Contractor shall make onsite visits to the job site. The crew Supervisor shall be capable of communicating both verbally and in writing and comprehending the English language. The Supervisor shall be capable of communicating instructions to the member of the Contractor’s crew. VDOT shall be able to contact the Supervisor within minutes at all times while the work is being performed.

https://www.dhrm.virginia.gov/payandholidaycalendar

11. Coordination with VDOT: VDOT reserves the right to apply additional state forces to either supplement or fully perform the required work, if necessary. The Contractor shall not be compensated for any work performed by others. VDOT reserves the right to perform any work within this contract.

12. Quality Control/Final Acceptance: At the conclusion of each workday; the Contractor shall demonstrate to the

Contract Administrator that the work is in compliance with contract specifications.

13. Equipment: The Contractor shall provide a minimum of two (2) – 54” zero turn/walk behind mowers, minimum of two string trimmers and a minimum of two backpack blowers. Both zero turn/walk behind mowers shall work simultaneously during mowing operations. During mowing operations, if the mower(s) break down, the Contractor shall have a replacement on site within 2 hours to maintain two (2) mowers working simultaneously for continuous mowing operations. The Contractor’s equipment shall in no way impede traffic at any time or present a hazard to the Contractor’s personnel or the traveling public. Mowers shall be equipped with appropriate safety devices to prevent objects from being thrown into traffic. VDOT reserves the right to inspect equipment prior to award of the contract and anytime during the period of the contract.

B. GROUNDS MINTENANCE REQUIREMENTS

1. Finish Mowing: Mowing shall commence and be performed on a weekly basis, approximately (15-17) cycles per season, or as directed by the Contract Administrator. The first mowing shall not occur prior to April 15 unless directed by the Contract Administrator. The entire site shall be thoroughly inspected, and all trash and debris removed prior to the start of any mowing activities. The Contractor shall not cut up any trash or debris at any time during mowing operations. Mowing equipment shall have sharp blades so that the grass is cut properly.

Equipment that is leaking fuel or oil shall not be used. Mowers shall not be fueled or oiled in grassy areas. The

Contractor shall promptly and thoroughly clean up any oil or fuel spills. All costs associated with the cleanup of spilled petroleum products and the removal of any contaminated materials from the site shall be borne by the

Contractor.

Mowing patterns shall be such that the cut grass is evenly distributed, and not windrowed into noticeable deposits.

The grass shall be mowed to a height of between three (3) and three and one-half (3.5) inches. Mowing shall include, but is not limited to all existing mowed areas, sidewalks, hills, surrounding buildings, parking areas, fence lines, around fire hydrants, trees, signs, sign structure, lights, delineators, ditch lines, mailboxes, in front of and behind guardrails, and other obstructions. Contractor shall clear mowed areas of windrows. Sidewalks and paved areas shall be cleared of grass clippings. All leaves, sticks and any other debris shall be raked /picked up and disposed of and shall be included in the finish mowing price. Litter, leaves, sticks and grass clippings shall be disposed of at the Contractor's expense. All work within the lot shall be performed in a manner that safely directs clippings and debris away from vehicles. Contractor shall be solely responsible for any damages to any vehicles or property resulting from performing the work on this contract.

2. String Trimming/ Hand Mowing: String trimming/hand mowing shall be performed with each mowing cycle in accordance with the Mowing Site Map – Attachment G. Hand mowing (non-tractor mowing) shall be defined as the cutting of those areas that cannot be mowed or trimmed by tractor due to inaccessibility or where the terrain topography is too dangerous (as determined by VDOT) to be traversed by tractor or self-propelled mowers.

Hand mowing shall be performed, but not limited to delineators, storm water management basins, signs, mailboxes, guardrails, lights, fire hydrants, trees, signs, sign structures, lights, parking areas, sidewalks, hills, surrounding buildings, and other obstructions using hand equipment (such as so-called "weed eaters", small mowers, machetes', hand pruners, etc.) to cut vegetation adjacent to the obstructions. Hand mowing shall be performed to present a neatly trimmed and uniform appearance. For the purposes of this contract, mowing of vegetation shall be interpreted as "the cutting of vegetation of 2 inches or less in diameter" to the finished height of approximately 3 inches. The Contractor shall not be required to mow or cut vegetation greater than 2 inches in diameter. This includes but is not limited to grasses, vines, seedlings and small trees. All work within the lot shall be performed in a manner that safely directs clippings and debris away from vehicles. Contractor shall be solely responsible for any damages to any vehicles or property resulting from performing the work on this contract.

3. Edge trimming: Edge trimming shall be performed as requested along the sidewalks and other concrete areas within the lot boundaries. Trimming is further defined to include edging of concrete curbing, sidewalks and other areas as may be identified by VDOT. Edging operations shall be performed so that the perpendicular cut between turf and concrete edges is no greater than 0.5 inches deep, or wider than 0.25 inches. Should deterioration of concrete structures occur as a result of excessive edging depth and width, the damage shall be repaired by the Contractor at no additional charge to VDOT. VDOT shall have sole discretion in determining the cause of concrete structure deterioration. The area shall be mowed in such a way as to exhibit a uniform appearance without skips or uncut areas. Grass clippings from mowing, edging/trimming operations shall not be permitted to accumulate on to parking lots, traveled roadways, gutter pans, sidewalks or in drainage structures.

All work within the lot shall be performed in a manner that safely directs clippings and debris away from vehicles.

Contractor shall be solely responsible for any damages to any vehicles or property resulting from performing the work on this contract.

4. Plant Bed Hand Weeding: Hand Weeding is to be performed around various plants, trees, mulched, non-mulched plant beds and rock beddings surrounding the office building at the Louisa Residency Office to include the removal of any volunteer plant growth. The use of mechanical equipment such as rototillers will not be allowed.

For bidding purposes, it is estimated that the Plant Bed Hand Weeding will be performed approximately one to two times per season as directed by the Contract Administrator.

5. Tree/shrub trimming and pruning: The Contractor shall trim and prune all existing ornamental bushes, shrubbery, and small trees (limbs up 6 inches in diameter) as directed by the Contract Administrator and shall remove all dead limbs and maintain the natural shape of the bush, shrub, or tree. All trimmings shall be cleaned up and removed by the Contractor at the Contractor's expense. Tree wrappings, stakes, and wire supports shall be adjusted or replaced as required in order to maintain proper support of the tree, prevent damage to the trees and their bark, and promote proper growth. This shall include replacement of stakes, wires, rubber hoseS or tree wrappings as required, loosening of wire tires and adjustment of stake heights. All work shall be performed using established nursery industry standards and shall be performed with tools and equipment specifically designed for the pruning to be performed. The Contractor shall be responsible for damage to all trees, shrubs, or plantings as a result of the Contractor's operations. All damaged plantings shall be replaced at no cost to VDOT. All work within the lot shall be performed in a manner that safely directs clippings and debris away from vehicles.

Contractor shall be solely responsible for any damages to any vehicles or property resulting from performing the work on this contract.

6. Mulching: Mulching shall be performed twice per year, once in the spring and once in the fall or as directed by the Contract Administrator. The Contractor shall provide fresh double shredded hardwood premium mulch.

Mulch shall be free of termites or other insects, seed or plants, grass and/or noxious weeds, dirt and/or other objectionable material. Fresh mulch shall be placed around existing plants in plant beds and around trees and shrubs to maintain a depth of 4 - 6 inches, radiating at least 12 inches outward from tree or shrub trunks. The application of mulch shall be uniform, and all areas mulched shall be kept free from grass and weeds.

7. Disposal of litter, grass clippings, leaves, brush, tree, and shrubbery trimmings: The Contractor shall remove litter/debris from the mowing area prior to mowing. The Contractor's personnel shall pick up and dispose of any litter/debris, including leaves, sticks, limbs, etc. that would be unsightly after mowing or possibly damage mowing equipment, VDOT property, or the traveling public during mowing operations. All litter/debris, as collected, shall be containerized immediately and kept at all times. Collected litter/debris shall be disposed of in an approved landfill at the end of each day by the Contractor at the Contractor's expense.

The Contractor shall immediately notify VDOT's Contract Administrator of any large animals (in the weight class of bear or deer), or debris items which cannot be reasonably or safely handled by the Contractor's personnel

(as determined by VDOT), which will be disposed by VDOT or Designee.

The Contractor shall immediately notify VDOT if any questionable or hazardous materials (HAZMAT) are encountered. The Contractor shall not attempt to remove these materials until the Contract Administrator or designee has been notified. All litter and debris generated from required work associated with this contract shall be disposed of at the Contractor's expense. All costs for the disposal of material shall be included within respective bid pricing.

8. Herbicide Application / Spot Spraying: The Contractor shall spray the fence lines, asphalt surfaces in parking lots, sidewalks, concrete sidewalk, curb and gutter expansion cracks and seams where applicable, plant beddings where applicable, and rock bedding surrounding the office building at the Louisa Residency Office a minimum of two (2) times a year with a nonselective herbicide, such as Roundup, or as directed by the VDOT Contract

Administrator and shall be paid per each application.

Herbicide Application/Spot Spraying shall be in accordance with all applicable Federal, State and local laws for storage, transport, handling, mixing, use and application. Current and up to date labels and Safety

Data Sheets of all chemicals being applied shall be on hand for reference during application operations at all times during the term of this contract.

The Contractor shall be responsible for overseeing the personnel performing all activities. The Contractor shall ensure that all operations are performed safely and correctly. VDOT shall monitor the contract for compliance. Additionally, VA Law requires the 'for hire' application of pesticides having a current

Pesticide Business License. The Contractor shall ensure that all applicators are certified by the

Commonwealth of Virginia as Registered.

Technicians at a minimum and shall be in compliance with the 1989 Virginia Pesticide Control Act and regulations adopted thereafter. Copies of the business license and applicator certifications will be required if chemical vegetation management practices are utilized. Contractor shall provide copies of business license and applicator certifications to the Contract Administrator before any chemical applications. In the event the Contractor does not have a Pesticide Business License the Contractor may subcontract this work to a VDOT pre-approved Subcontractor. The Contractor shall provide a copy of the pesticide business license and applicators certifications from the Subcontractor to VDOT for pre-approval.

The Contractor shall take extreme care to not damage off target trees, plants, shrubs whether on state property, Right of Way, or private property. Damages as a result of negligence in these services by the

Contractor shall be repaired or replaced at Contractor’s expense. All pesticide application operations shall be performed with the safest most effective methods for chemical vegetation management.

V. OPTIONAL PREBID CONFERENCE:

An optional virtual prebid conference will be hosted by the Contract Officer at 11:00 AM EST on February 26, 2024. 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. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Join the virtual meeting on your computer, mobile app or room device.

Join the meeting now

Meeting ID: 286 853 012 348

Passcode: kh9Qhv https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDcxZjg1MGUtYjU0Yi00NDAzLThkNmYtOTVhOWU4YjNlYzhi%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%225dd53743-b74e-4037-a804-f06a3790aa1e%22%7d

Dial-in by phone

+1 434-230-0065,,345997841# United States, Lynchburg

Find a local number

Phone conference ID: 345 997 841#

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-

0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices shall be submitted within 7 days after work is completed, to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

Louisa Business Section

1601 Orange Road

Culpeper, VA 22701

In lieu of mailing, invoices may be submitted as an attachment via email to LouisaBusinessSection@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at tel:+14342300065,,345997841 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=345997841 mailto:edi@doa.virginia.gov mailto:LouisaBusinessSection@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 11:30 AM EST on March 7, 2024.

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Join the meeting now

Meeting ID: 245 958 028 497

Passcode: wHEW4p

Dial-in by phone

+1 434-230-0065,,348699793# United States, Lynchburg

Find a local number

Phone conference ID: 348 699 793#

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. 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 www.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 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTQ1ZWJmMmYtNWUxMC00MDdiLWEyYzItMGI0ZDA4N2RiNjI2%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%225dd53743-b74e-4037-a804-f06a3790aa1e%22%7d tel:+14342300065,,348699793 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=348699793 http://www.eva.virginia.gov/ 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.

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 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.

J. 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, after due oral or written notice, may terminate this contract and procure all goods and/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. OMMITTED

R. OMMITTED

S. OMMITTED

T. INSURANCE: By signing and submitting a bid 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 coverage 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.