158768IFB.pdf

Administrative Services/Procurement Northern Virginia District Vegetation Management- Herbicide Spraying

IFB #158768

Issue Date: March 13, 2024 INVITATION FOR BIDS IFB# 158768

Title: Vegetation Management – Herbicide Spraying Commodity Code(s): 98889, 98872 Location Where Work Will Be Performed: Northern Virginia District- Primary and Secondary routes

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Deanna Wayland Email: deanna.wayland@vdot.virginia.gov Phone: (703) 259-2989

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid Conference will be held at 9:00 AM Eastern Standard Time (EST) on March 25, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 9:00 AM EST on April 5, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 9:30 AM EST on April 5, 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. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

8. VIRGINIA CODE RED OZONE DAYS

9. ROUTES TO BE SPRAYED IN NORTHERN VIRGINIA DISTRICT

10. VENDOR QUALIFICATION/EQUIPMENT INVENTORY CERTIFICATION

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.

Vegetation Management- Herbicide Spraying

Administrative Services Division NOVA District

Invitation for Bids IFB # 158768 Vegetation Management- Herbicide Spraying

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 6

VI. Method for Payment 7

VII. Invoicing 7

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 8

X. Special Terms and Conditions 14

ATTACHMENTS

H. Vendor Qualification/Equipment Inventory Certification – Fillable Form

A. VA State Corporation Commission – Fillable Form

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

C. Subcontractor Approval Request – Fillable Form

D. Normal and Emergency Contacts – Fillable Form

E. References – Fillable Form

F. Virginia Code Red Ozone Days

G. Routes to be Sprayed in Northern Virginia District

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

Vegetation Management- Herbicide Spraying

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide labor, equipment, and materials to perform nonselective herbicide spraying along designated primary and secondary routes in the Northern Virginia District in accordance with the attached specifications. See Attachment-G for list of routes.

PERIOD OF CONTRACT: The initial contract period will be one (1) year with two optional renewals.

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 Deanna Wayland at deanna.wayland@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 2:00 PM EST on March 29, 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. CONTRACT REQUIREMENTS:

Contractor shall spray the joints, seams, and cracks of concrete/brick medians, jersey walls, immediately adjacent paved areas, the paved/stone/gravel undersides and sides of bridge decks, and other similar areas as directed with a nonselective herbicide.

At least ninety percent control of all target vegetation within each one-mile segment treated shall be maintained until final acceptance of the work by the Virginia Department of Transportation (VDOT). Each segment that does not meet the ninety percent control requirement will be treated again by contractor at no additional cost to the VDOT.

The Contractor will follow the VDOT provided work schedule the work by county in the following order: Arlington, Fairfax, Prince William, and Loudoun. All spraying shall be completed within each county before beginning work within another county.

A list of routes to be treated under this contract is referred on Attachment G. Areas adjacent to all travel lanes shall be treated including all entrance and exit lanes, interchanges, service roads, shoulder and pull-off areas, bridges, and overpasses. Additional routes may be added during the term of this contract.

The Contractor shall be in compliance with all applicable Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and Federal Department of Transportation (USDOT) regulations regarding the transportation of or application of pesticides.

Vegetation Management- Herbicide Spraying

The Contractor shall fully comply with the Requirements for Record-keeping of the Virginia Pesticide Control Act, as well as in Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Regulations pursuant thereto.

B. TRAFFIC CONTROL:

The Contractor shall provide and maintain all advance warning and traffic control signage sufficient for mobile maintenance operations as required by the Manual on Uniform Traffic Control Devices (MUTCD) and the Virginia Work Area Protection Manual (VWAPM). Such signage must meet the specifications set forth in these manuals.

The Contractor shall be responsible for obtaining any required fire hydrant use permits. No siphoning from lakes, ponds, or streams will be allowed. The Contractor is prohibited from entering any VDOT maintenance area or property for the purpose of mixing pesticides or obtaining water. Chemical mixing/adding to tank shall be done only on Contractor’s own or legally leased property. The VDOT does not and will not provide areas or liability for such actions of the spray operations. No pesticides (concentrated or diluted) will be stored by the Contractor overnight or for any length of time on any VDOT property. The Contractor will be responsible for the proper disposal of pesticide containers.

C. PERSONNEL REQUIREMENTS:

The Contractor shall designate one person to be foreman of each operational crew. That person shall be responsible for the requirements stated within.

The Contractor shall ensure that all spray truck driver applicators are certified by the Commonwealth of Virginia in Category Six (Right-of-Way) issued by the Virginia Department of Agriculture and Consumer Services (VDACS), and in compliance with all current Virginia pesticide laws and regulations. Only certified applicators will apply pesticides and operate the computerized spray apparatus under this contract. The Contractor shall have at least one certified Category Six applicator who will supervise this work and drive the spray truck. The Contractor shall have a second person in the spray truck at all times who is either a Category Six applicator or registered technician. Both spray truck personnel shall be employed by the contractor and assigned to this contract from the time the contract is awarded until the end of the contract period. A list of these applicators/technicians and copies of their Pesticide Applicator Certificates shall be included with the bid. The photocopies must show the employee’s name, certificate number, expiration date, and certification category for Right-of-Way Pest Control. Pesticide applicators shall have at least one year of work experience as a certified pesticide applicator not including work experience as a registered technician. Registered technicians shall have at least six months work experience as a registered technician.

The Contractor’s applicators shall wear OSHA approved hard hats, safety shoes and safety vests at all times when outside of their vehicles. All applicators will be required to wear protective clothing, chemical resistant rubber gloves, and any other protective equipment required by the pesticide label while mixing herbicides or applying herbicides with hand-held spray guns.

The Contractor shall ensure that:

At least one crewmember is VDOT verified in Intermediate Work Zone Traffic Control.

At least one crewmember possesses knowledge and ability sufficient to maintain and field adjust the equipment, in order to maintain a continuous and productive operation.

Assigned personnel possess the technical ability to distinguish between desirable and undesirable vegetation.

The crew assigned to do this work remains intact throughout the Contract Agreement period. Any personnel changes shall be approved by the VDOT. The crew is not permitted to operate when any member is absent.

D. RESPONSE REQUIREMENTS:

The crew foreman shall place a video teleconference call to the Contract Administrator no later than 7:30 P.M., to confirm the work locations for that night and that the entire crew and equipment are present and ready to start. Both spray truck personnel will participate on the call. A video message will be left if the CA is not available. The Contractor shall not deviate from the scheduled work plan unless authorized by the CA. No work will be scheduled/performed on

Vegetation Management- Herbicide Spraying nights when wind speeds at the National Weather Service’s Washington (Dulles) or Washington (Regan/National) locations are forecast to be 12 miles per hour or greater.

All work including remedial spraying shall be performed between the hours of 9:00 P.M. to 5:00 A.M., Sunday through Thursday only. Work shall be done on a regular, continuous basis with exception of adverse weather conditions, holidays, holiday weekends, or notification by the CA to discontinue operations.

The Contractor shall complete and submit daily, a spray report that lists all routes or route segments treated. This report shall include, but not be limited to, the following information: start and finish time for each route or segment, chemical data, weather information, application data, and applicator information. Both applicators shall sign the report. This report shall be submitted to the CA each day by electronic submission.

E. EQUIPMENT SPECIFICATIONS: Refer to Attachment H

1. SPRAY TRUCK:

The contractor shall provide a commercial pesticide sprayer. Spray trucks shall have a minimum on-site capacity of 800 gallons and be designed and manufactured for high volume/low pressure pesticide application. The spray truck shall be equipped with a boomless spray unit.

The truck shall be equipped with a computerized injection system that will independently control each chemical applied plus the carrier. The system must be able to continuously monitor application rate, system pressure, volume sprayed, width, and total area covered.

The spray unit shall have at least one handgun. The handgun will also be linked to the computerized injection system.

The tank must also have a gravity fed water inlet for loading purposes.

The truck shall be equipped with a 48” x 96” flashing arrow board mounted on the rear of the unit. The unit shall also be equipped with brackets (supports) for mounting 84”x 36” warning signs (i.e., End Work Area).

A crew of two (2) people per spray unit shall be required to operate the equipment. Work shall not be performed without the full crew.

The spray truck shall not exceed 12 miles per hour while applying herbicide.

2. ADVANCE WARNING AND SHADOW VEHICLES:

An advance warning vehicle and a shadow vehicle are required for all spraying operations. Both vehicles shall be equipped with a Truck Mounted Attenuator (TMA) The advance warning vehicle shall be equipped with a Portable Changeable Message Sign (PCMS). The TMAs and the PCMS shall meet the requirements of the latest edition of the Virginia Work Area Protection Manual (VWAPM). Both vehicles shall also be equipped with the following:

All vehicles shall conform to applicable standards of the latest editions of the Manual on Uniform Traffic Control Devices (MUTCD) and the Virginia Work Area Protection Manual (VWAPM). The Contractor’s vehicles shall also be equipped with the following:

• Two-way communication devices.

• A first aid kit in the cab of the spray vehicle.

• Plastic eye wash bottles

• Waterproof service container labeling placards attached to the outside of the spray vehicle with the following information:

1. Produce name (brand name from the product label) preceded by the word “Diluted” or

“End-Use Concentrate.”

2. EPA registration number from the product label.

3. Name of active ingredients and percentages of end-use dilution.

4. Appropriate signal word from the product label such as Danger, Warning, or Caution.

• Copies of the most recent Safety Data Sheet (SDS) in the vehicle(s) for all products in the tank mixture or stored on any spray or shadow vehicle.

• Equipment and supplies for cleanup of small spills.

Vegetation Management- Herbicide Spraying

The Contractor shall provide and maintain all advance warning and traffic control signage sufficient for mobile maintenance operations as required by MUTCD and the VWAPM. Such signage must meet the specifications set forth in these manuals.

The Contractor may be required at the Virginia Department of Transportation’s (VDOT) discretion and at the Contractor’s expense to assemble the proposed equipment and personnel and demonstrate to the satisfaction of the CA that the equipment and personnel can provide the services required under this Contract Agreement.

F. MATERIALS:

The contractor should choose an appropriate herbicide formulation and application rate that will achieve at least ninety percent control of all target vegetation until all work has been satisfactorily completed and accepted by the VDOT.

The contractor shall include with their bid the herbicides and adjuvants that they plan to use including the per acre application rate. All formulations and application rates will be subject to VDOT review and approval.

NOTE: All pesticide containers must be firmly secured in vehicles during mobile operations

G. WORK PLANS AND REPORTING SYSTEM:

The Contractor shall furnish to the CA no later than five days prior to the start of spraying operations, a work plan listing the order that routes will be sprayed within each county and an approximate time frame for completing the initial spraying within each county. The Contractor shall furnish a Weekly Work Plan to the VDOT NRO Transportation Operations Center and the CA no later than noon Wednesday for the upcoming week. The Contractor shall also telephone the operations center at the start of each evening’s work and again when the work is stopped for that night.

The Contractor shall also telephone the operations center no later than 10:00 P.M., if the crew will not be working for any reason.

H. INSPECTION OF WORK:

The CA shall begin inspecting all treated routes for results within 10-15 calendar days after the initial treatment of all scheduled routes is completed.

The Contractor shall complete and submit a daily written inspection report to VDOT noting each route or route segment reviewed and whether it met the 90 percent control requirement. This report will be submitted to the CA each day electronically, by facsimile, or hand delivered. The Contractor shall re-spray all routes or route segments where the vegetation is not completely controlled by the initial herbicide application.

I. METHOD OF MEASUREMENT:

Upon satisfactory completion of all designated routes and after the VDOT Contract Administrator has received all spray reports and inspection reports, the Contractor shall submit an invoice for payment. The CA will submit the Contractor’s invoice for payment after inspection and verification that the work has been completed as specified.

J. PERIOD OF WORK PERFORMANCE:

The contractor shall start the initial spraying work no later than June 1, 2024. The initial spraying of all scheduled routes shall be completed no later than 30 calendar days after work begins. All re-sprays shall be no later than 20 calendar days after the completion of the initial spraying.

V. PRE-BID CONFERENCE.

OPTIONAL PREBID CONFERENCE:

An optional virtual Prebid conference will be hosted by the Contract Officer at 9:00 AM EST on March 25, 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.

Vegetation Management- Herbicide Spraying

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 on your computer, mobile app or room device Click here to join the meeting Meeting ID: 263 439 865 314

Passcode: 9zpgNU Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065,,167320564# United States, Lynchburg Phone Conference ID: 167 320 564#

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. MEASUREMENT FOR PAYMENT:

Nonselective herbicide spraying along all routes identified on Attachment G shall be measured as per acre for all initially treated routes. No additional payment will be made for re-spraying routes that do meet the ninety percent control requirement.

The per acre price shall include all charges for materials, labor, supervision, equipment, traffic control, inspections, incidentals, and all other related expenses.

VII. INVOICING:

Upon satisfactory completion of all designate routes and after the VDOT has received all spray reports and inspection reports, the Contractor shall submit an invoice for payment. The CA will submit the Contractor’s invoice for payment after he inspects and verifies that the work has been completed as specified.

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. Invoices will be processed for payment only after all daily spray reports and inspection reports have been submitted to the CA.

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

In lieu of mailing, invoices may be submitted as an attachment via email to: nova.invoices@vdot.virginia.gov Attn: Robert Burris

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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzBkMTI3MDMtNTE1OC00MTZjLTgzMWQtZDk5ZDdjMDk1MDRl%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%226a0290b3-10f1-48b1-af3f-7fbed7ad4a8e%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,167320564 mailto:nova.invoices@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html

Vegetation Management- Herbicide Spraying

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 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 9:30 AM EST on April 5, 2024.

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

Click here to join the meeting

Enter Meeting ID: 238 486 845 626 Enter Passcode: Fhjkgp

Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 354 377 122#

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 https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3a14536aecfecc4604a5c07524d7988606%40thread.skype/1677507001469?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%2242b54c18-b639-4404-b2f8-a14136a75fce%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,354377122 http://www.eva.virginia.gov/

Vegetation Management- Herbicide Spraying

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.

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

Vegetation Management- Herbicide Spraying 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.

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

Vegetation Management- Herbicide Spraying

(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

Vegetation Management- Herbicide Spraying 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. 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.

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4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

U. 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 (www.eva.virginia.gov) for a minimum of 10 days.

V. 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.

W. 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.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automate 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 must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid 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 www.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.

Y. 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…