159371IFB.pdf

Administrative Services Division Right of Way Mowing & Litter Removal Services

IFB #159371

INVITATION FOR BIDS IFB# 159371

Issue Date: December 5, 2024 Title: Right of Way Mowing and Litter Removal Services - Statewide Commodity Code(s): 98836 Location Where Work Will Be Performed: Statewide

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Nasir Chhipa Email: Nasir.Chhipa@vdot.virginia.gov Phone: 804-643-1451

NOTE TO BIDDERS

Virtual Pre-Bid Teleconference: An Optional Pre-Bid Teleconference will be held at 10:00 AM EST December 16, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 11:00 AM EST on December 27, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 11:30 AM EST on December 27, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced in accordance with Special Term for “Unbalanced Bids”

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

3. VENDOR QUALIFICATION EQUIPMENT CERTIFICATION FORM

4. VA STATE CORPORATION COMMISSION

5. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT (if applicable)

6. NORMAL AND EMERGENCY CONTRACTS

7. REFERENCES

8. SUBCONTRACTOR APPROVAL REQUEST (if applicable)

9. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation

10. 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 Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

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/Procurement

IFB #159371

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TABLE OF CONTENTS

PAGE #

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General 2

IV. Specifications/Contract Requirements 2-7

V. Pre-Bid Conference 7

VI. Method for Payment 7

VII. Invoicing 8

VIII. Bidders Instructions 8-9

IX. General Terms and Conditions 9-15

X. Special Terms and Conditions 15-23

Attachments:

A. Small Business Subcontracting Plan Required document B. Vendor Qualification/Equipment Inventory Certification Required document C. VA State Corporation Commission Form Required document D. Normal and Emergency Contacts Required document E. Federal Immigration Reform and Control Act of 1986 Certification Required document F. Inspection of Job Site Certification Required document G. Subcontractor Approval Request

H. VIRGINIA CODE RED OZONE DAYS

I. Virgina Work Area Protection Manual J. VDOT Work Zone Safety Coordinators Mowing-Sight Distance Guideline K. Mowing-Sight Distance Guideline L. Routes/Acres M. District Specific: Special Provisions for Safety N. Mowing-Typical Sections for Outside Shoulders & Medians O. References Required document

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

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I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide all equipment, labor, supervision, material, and any other incidentals necessary to perform Right of Way Mowing and Litter Removal Services for various counties and/or sections of counties statewide.

PERIOD OF CONTRACT: From April 1, 2025 through March 31, 2026 (renewable)

Majority of the work will be performed in the months of April through November. This will not exclude the Contractor from performing work during the periods between December through March, if requested by VDOT.

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) Attachment A with the electronic bid response in eVA. Bidders selecting “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 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 submitted in writing to nasir.chhipa@vdot.virginia.gov no later than 5 business days, prior to the closing date. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

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. Awarded Contractors shall furnish Right-of-Way Mowing and Litter Removal services.

1. This work shall consist of mowing vegetation and litter/debris removal within the VDOT Right of Way and include all ramps, medians, and gore areas (as required) on routes as specified herein. Mowing shall be performed in accordance with current VDOT mowing practices. Vegetation shall be mowed in such a way as to exhibit a uniform appearance and height, without skips or uncut areas. The Contractor shall be expected to give special attention to mowing gore areas, infield areas, medians, curves and intersections in a manner to assure safe sight distance.

Contractors are to include all efforts and equipment resources necessary for the specific area, turf or terrain.

a. VDOT will provide at least ten (10) days notice to the Contractor, of the authorized mowing cycle start date.

Mowing cycle shall be completed within the specified days noted in Attachment L – Routes/Acres.

b. Safety: Mowing operations shall ensure sight distance requirements (safety) are maintained at all times and shall supersede any standard mowing practice. Sight distance guidelines are provided in Attachment K.

c. Lowest Cut Limit: Vegetation shall be cut to a height between four (4) and six (6) inches. Mowing to a cut less than four (4) inches is prohibited. Such mowing, including scalping may damage or kill the desirable turf species. Areas denuded, reduced in vegetation density or scalped due to improper Contractor mowing practices, shall be reseeded at the Contractor’s expense, in accordance with the current Road and Bridge Specifications.

mailto:nasir.chhipa@vdot.virginia.gov

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d. Areas predominately populated with weeping lovegrass and leguminous species such as crown vetch, serecia lespedeza, flat pea and other no-mow turfgrass species (often found on slopes greater than three (3) to one (1)) shall not be mowed unless for sight distance or safety related concerns.

e. Pollinator Habitat Program: Every effort should be made to preserve native pollinator plant species including but not limited to milkweed. Many of these plants are located within “Additional Mow Areas” and it is recommended that mowing of these areas occur in March and/or after October 31st. If there are large areas of pollinator species within the parameters of “Mow Areas” and there is no safety issue, delineate the areas and mow in March and/or after October 31st. Please contact the State Roadside Manager or District Roadside Manager for guidance regarding the Pollinator Habitat Program.

2. The Department reserves the right to conduct mowing operations within any areas identified in this contract at the sole discretion of the Department. In the event the Department does conduct mowing operations, the Contractor shall not be paid for such acres mowed by the Department.

3. ATTACHMENT L – ROUTES/ACRES: All mowing areas within the Scope of Work of this contract are contained within Attachment “L” which lists routes, acres, and a full or partial mow for each LOT. The number of TMA listed on Attachment L is required in accordance with the WAPM for mowing operations. Price for these TMA shall be included in the per acre unit bid price for mowing.

4. ATTACHMENT M - District Specific: Special Provisions for Safety are included as part of the Scope of Work and are for additional or unique site/route specific safety provisions and any other provision unique to the specific district location.

5. Acre quantities shown in this Invitation for Bid (IFB) are estimated and for bidding purposes only. The Department does not guarantee that the Contractor will perform the estimated quantities of acres or cycles. The total acre quantity listed in each pricing schedule is representative of one (1) mowing cycle as identified within each LOT.

Acre quantities may increase or decrease at VDOT’s discretion. Acre quantities shall be verified and validated by both VDOT and the Contractor for each section mowed, which will determine the adjusted quantity for invoice.

6. Price per acre shall remain fixed regardless of vegetation height, condition and/or level of effort necessary to meet the mowing requirements and standards.

B. GENERAL MOWING STANDARDS:

1. All mowing operations shall be performed in accordance with all attachments and references contained within this Contract.

2. TRACTORS: The use of a tractor for mowing shall mean the cutting of those areas accessible to tractors and where ground topography allows a tractor to safely traverse. The tractor mowers shall mow only in the direction of traffic.

Tractors shall also be grouped together in a gang type mowing operation where it is possible and vegetation shall be mowed in such a way to exhibit a uniform appearance without skips or areas where tires have rolled vegetation down leaving it uncut. Uncut areas or skips which are required to be mowed shall be corrected in a self-policing manner by the Contractor at all times. In addition, such corrections shall be made by the Contractor within no less than 24 hours of discovery or notification by the Department.

3. NON-TRACTOR: The use of non-tractor type equipment for mowing shall mean 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 the Department) to be traversed by tractor mowers. Non-tractor mowing shall be performed in those areas where access of equipment is limited and boom axes and/or handheld tools (such as “weedeaters”, push mowers, etc.) are required to present a neatly trimmed and uniform appearance. These areas include, but are not limited to; the trimming of narrow or raised medians, bridge structures, delineators, signs, mail boxes, guardrails, cracks in pavement behind guardrail and other obstructions. Non-tractor mowing shall be performed no later than two (2) days after the area has been tractor mowed.

4. Mowing activities shall comply with the Code of Virginia 18.2-324 and no cut grass shall be deposited on the http://18.2-324/

Page | 4 roadway being mowed. The Contractor’s personnel shall remove vegetation debris from the travel roadways, gutter pans, sidewalks, pavement, walkways and drainage structures adjacent to mowed areas during each mow cycle and after each mowing, and non tractor mowing operation. Contractor shall trim all curb and gutter to the back edge of the curbing during each mow cycle.

5. When mowing behind a guardrail, mowing shall be performed in accordance with the guardrail deflection zone requirements for the type of guardrail (measured from the base of the support post) in the mowing area. The Contractor shall request clarifications from the VDOT Contract Administrator for deflection zone measurements for the guardrail located within the boundaries of the contract.

6. Areas and acres, which are identified by the VDOT Contract Administrator not to be mowed by the Contractor, will not be billable by the Contractor. Those areas will be noted and documented prior to the start of any mowing operation.

C. LITTER/DEBRIS REMOVAL:

1. Litter removal shall be priced as a separate line item per acre unless otherwise stated in Attachment “L”–

Routes/Acres. The Contractor shall provide equipment and personnel to collect, remove and dispose of any and all litter from the mowing area PRIOR to mowing. The Contractor’s personnel shall also pick up and dispose of any litter that is discovered during or after mowing operations and shall take all actions necessary to prevent damage to mowing equipment or the traveling public during mowing operations. All litter, as collected, shall be containerized immediately, and kept at all times, off of the traveled portions, shoulders, and right-of-ways, (including emergency lanes). Collected litter shall be disposed of in an approved landfill at the end of each day by the Contractor at the Contractor’s expense.

2. Acre quantities shown in this IFB are estimated and for bidding purposes only. The total acre quantity listed in each pricing schedule is representative of one (1) litter removal pick up operation as identified within each LOT when performed with mowing cycles or separately. Acre quantities may increase or decrease at VDOT’s discretion. Acre quantities shall be verified and validated by both VDOT and the Contractor for each area from which litter is removed, which will determine the adjusted quantity for invoicing.

3. Litter removal price per acre shall remain fixed regardless of vegetation height, condition and/or level of effort necessary to meet the litter removal requirements and standards.

4. Additional litter removal services, if authorized by the VDOT Contract Administrator, shall be paid at the litter removal unit price per acre.

5. Contractor shall immediately notify VDOT if any hazardous, dangerous or suspect materials are encountered.

The Contractor shall not attempt to remove these materials.

6. Large animals (in the weight class of bear or deer) or debris items which cannot be reasonably or safely handled by one or two of the Contractor’s personnel by hand (as determined by VDOT), will be disposed of by VDOT.

7. The Contractor shall be responsible to pick up and dispose of any litter that could cause damage to mowing equipment or present a safety hazard to the traveling public during mowing operations.

D. OPERATIONS

1. START-UP MEETING: Prior to the first mowing of each year, the Contract Administrator may request a start-up meeting to review the contract specifications, routes, mowing width and length, including but not limited to, the guardrails, safety, traffic control and operation, etc. If the VDOT Contract Administrator requests such a meeting, the Contractor shall attend the meeting at a time and location mutual to VDOT and the Contractor.

2. COMMENCEMENT OF WORK: The Contractor will be provided a notice to proceed via fax or email by the VDOT Contract Administrator a minimum of ten (10) working days prior to the mowing cycle start date. The mowing cycle start date will be contained in the notice to proceed. The Contractor shall commence litter removal

Page | 5 prior to the start of mowing and may begin litter removal up to two (2) days prior to a section being mowed. Once the mowing begins, the Contractor’s mowing operations shall be continuous on a daily basis until completion. The Contractor shall advise the VDOT Contract Administrator at least 48 hours prior to the commencement of any work for each section that will be mowed. No additional time will be given for equipment breakdowns and scheduling problems. Extensions will only be considered due to weather conditions where mowing operations are cancelled or suspended by the Contract Administrator. No work shall be performed prior to the issuance of a Purchase Order.

3. HOURS OF WORK: Unless approved by the Contract Administrator or specified in Attachment M - District

Specific Special Provisions for Safety, the hours of allowable mainline mowing and litter removal shall be from one hour after sun up until one hour before sun down (per published times), Monday through Saturday. NO MOWING

WILL BE ALLOWED ON SUNDAYS OR HOLIDAYS WITHOUT PRIOR WRITTEN APPROVAL OF THE

CONTRACT ADMINISTRATOR OR DESIGNEE. For the purpose of this resulting contract, holidays will be defined as all official State Holidays, the day preceding and the day immediately following that day. (For holidays that fall on Monday, Friday the week before is considered the day before the holiday. For holidays that fall on Friday, the following Monday is considered the day after.)

4. TIME TO COMPLETE:

a. Completion of mowing shall be defined as complete mowing of all areas identified by section including litter removal, tractor mowing, and non-tractor mowing to a uniform standard in accordance to the specifications within. Mowing operations shall be completed within 30 days after the VDOT Contractor Administrator’s or Representative’s notice to proceed, unless otherwise stated.

b. During the mowing operation, the Contractor shall be responsible for notifying the VDOT Contract

Administrator via email or fax, within 48 hours of when each section is anticipated to be completed and when actually completed. Texting is NOT an acceptable form of communication. It is VDOT’s responsibility to approve each section by the end of the next business day following completion of mowing operations in order to allow the Contractor time to correct any deficiencies within the next 24 hour time period. In the event VDOT is not notified via email or fax by the Contractor at start time, locations or completion as required, the Contractor shall be considered in breach of contract and payment(s) may be delayed due to the inability of VDOT to the worksite to insure compliance with the specifications of the contract.

5. CODE RED OZONE ALERT: The Contractor shall comply with the Virginia Code Red Ozone Days provisions of Attachment H.

6. VA TRAFFIC/TRANSPORTATION OPERATION CENTER (TOC): The Contractor shall notify the Contract

Administrator and TOC of any lane closures and re-openings during the mowing operation. Upon award of the contract, the Contract Administrator will provide the Contractor with the telephone number to the local TOC of the mowing operation.

7. DAMAGES: Care shall be taken not to mow, no-mow turf species, wildflower plantings, planted trees and shrubs.

The Contractor shall be responsible for replacing in-kind, any such plants damaged by the Contractor at their expense. Such plantings by the Contractor shall be done in accordance with VDOT planting requirements as provided and approved by the Contract Administrator. The Contractor is also responsible for the damage to state property and the replacement of traffic signs, delineator posts, utility boxes, guardrail, etc., or private property such as mailboxes, paper boxes, etc. if any such assets or property are damaged as a result of the Contractor’s mowing operations within 24 hours of notification by the Contract Administrator. The Contractor shall repair damaged property at Contractor’s expense. All repairs shall be completed within 24 hours with the exception of traffic signs which shall be replaced immediately.

E. PERSONNEL

1. COMMUNICATION WITH VDOT FORCES: Each mowing and litter removal crew shall have a foreman capable of communicating (both verbally and in writing) and comprehending the English language. The foreman shall be capable of communicating instructions to members of the Contractor’s crew. The foreman shall be equipped with a cellular telephone at all times, which shall be capable of operating throughout the area covered under this contract, and be able to communicate effectively with the Contract Administrator. The phone number shall be provided to

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VDOT prior to commencement of work. The foreman shall be with the Contractor’s crew or be within 10 minutes of the mowing operations location.

2. EMPLOYEE SAFETY: The Contractor shall have in effect a safety program meeting Federal and Virginia

Occupational Safety and Health regulations. The Contractor’s employees shall abide by the Contractors program and all applicable occupational health and safety regulations. VDOT reserves the right to request employee training records at any time during the contract period.

F. EQUIPMENT

1. REQUIREMENTS:

a. Bidders shall be required to have sufficient equipment and personnel to perform the services of this contract prior to issuance of Notice of Intent to Award (NOIA).

b. A completed Attachment B – Vendor Qualification and Equipment Certification Form with all equipment intended for use on this contract shall be submitted with bid response.

c. Bidder shall not be awarded a total number of lots which exceeds the total number of tractors with unique

VIN/ID number as listed on Attachment B.

d. The Contractor’s equipment shall meet minimum requirements of Occupational Safety and Health Administration (OSHA) and Virginia Occupational Safety and Health (VOSH) requirements.

e. Each tractor mower shall be equipped with Vehicle Warning lights as specified in the current Virginia Work

Area Protection Manual and when needed, approved triangle safety signs. Each litter removal vehicle shall be equipped as specified in the current edition of the Virginia Work Area Protection Manual.

f. Mowers shall be equipped with appropriate safety devices to prevent objects from being thrown into traffic.

g. VDOT reserves the right to inspect equipment prior to being placed into operation.

h. Due to safety concerns, VDOT may specifically exclude some equipment.

2. BLADES/CUTTING EDGES: All blades on mowing equipment shall be sharp to provide a clean cut. Rough cuts due to dull blades may result in poorly groomed turf. The Contractor, at his own expense, shall re-mow those areas that do not leave a uniform appearance.

3. STORAGE OF EQUIPMENT: The Contractor may not park or stage equipment along the right-of-way or on VDOT property without prior written approval from the VDOT Contract Administrator. Contractors choosing to park equipment on VDOT right-of-way do so at their own risk. VDOT will not be liable for any loss including damage, theft or vandalism. All parking on VDOT’s right-of-way shall be done in a safe manner and out of the way of the traveling public.

G. TRAFFIC CONTROL:

1. SIGNAGE: The Contractor shall be responsible for traffic control during all mowing and litter removal operations. The Contractor shall be responsible for furnishing all signs, sign stands, flags, cones, arrow panels, truck-mounted attenuators, vehicles, and other items necessary for traffic control. The Contractor shall be responsible for displaying and removal of traffic control. The Contractor shall remove signs and stands at the end of each day’s work. The Contractor shall use the most current edition of the VA Work Area Protection Manual to determine the correct Traffic Control for the roadway type that mowing is underway. VDOT’s Contract Administrator will suspend mowing operation if the incorrect Traffic Control is used. The Contractor shall not resume mowing until the correct Traffic Control is in place. If the Contractor has any question or dispute regarding the required traffic control, the Contractor shall call the VDOT District Work Zone Safety Coordinator for that District. Phone numbers are provided in Attachment J. If the Work Zone Safety Coordinator is called for a dispute, Page | 7 the Work Zone Safety Coordinator will have the final decision.

2. LIMITED AND NON-LIMITED ACCESS ROADWAY TRAFFIC CONTROL:

During mowing operations, traffic control is to be displayed and maintained and shall comply with the Virginia

Work Area Protection Manual (WAPM) and all updates and revisions. Truck-mounted attenuators will be required as advance Warning Vehicles behind all tractor mowers on the left and right side of the roadway, as deemed necessary. Mowing signs shall be displayed on all ramps prior to the start of mowing operations in the interchange areas. Work areas shall not exceed 2 miles in length. Additional truck-mounted attenuators may be requested by the VDOT’s Contract Administrator and will be noted in Attachment M. Anytime during the contract, if the WAPM is revised, the Contractor shall comply with the requirements of the WAPM if the new requirements supersede the number of truck-mounted attenuators in Attachment M.

V. PRE-BID TELECONFERENCE: An optional prebid teleconference will be hosted by the Contract Officer at 10:00 AM

EST on December 16, 2024. The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company and contact information during the roll call.

This conference can be accessed with the below dial-in information:

Join the meeting now Meeting ID: 265 007 366 314 Passcode: j8mC9wt6

Dial in by phone +1 434-230-0065,,842903102# United States, South Hill Find a local number Phone conference ID: 842 903 102# Join on a video conferencing device Tenant key: commonwealthofvirginia@m.webex.com Video ID: 117 116 037 7

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this teleconference will be a prerequisite for submitting a bid.

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.

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:

A. 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 designated contract administrators for all items completed within the designated billing period.

B. 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

C. Payment for litter removal and disposal shall be measured and paid for as a separate line item. The price per acre of litter removal services shall include all necessary labor, equipment, materials, supervision, fuel, traffic control, and incidentals necessary to complete the work. Additional litter removal services, if authorized by the VDOT Contract Administrator, shall be paid at the litter removal unit price per acre.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDc3MWNmMTItNjQyNi00MjYzLWFkNTQtYjU2Yjk1Mjk3ZTM0%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22c0f3ee07-cd2a-4253-9019-5f4d4a65b112%22%7d tel:+14342300065,,842903102 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=842903102 mailto:commonwealthofvirginia@m.webex.com mailto:edi@doa.virginia.gov

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D. Payments for services rendered by the Contractor will only be made for Contractor invoices which are authorized and validated by the Contract Administrator.

VII. INVOICING:

Invoices shall be submitted to the Contract Administrator only upon validation of work. Invoices shall include the Contractor’s name and remittance address, contract number, purchase order number, itemized quantities, routes, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work still underway, in progress or non-compliant per contract specifications, on the prescribed payment dates.

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 submit an online bid, please refer to the online bidding instructions at:

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf

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 reminders page of the electronic posting 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 public bid opening via teleconference will be hosted by a VDOT representative at 11:30AM EST on December 27, 2024. The conference can be accessed with the below dial-in information:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 269 617 321 543 Passcode: Xc3yD78z

Dial in by phone +1 434-230-0065,,149432029# United States, South Hill Find a local number Phone conference ID: 149 432 029# Join on a video conferencing device Tenant key: commonwealthofvirginia@m.webex.com Video ID: 113 643 117 7

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 names, company and contact information during the roll call.

https://eva.virginia.gov/index.html https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf mailto:eVACustomerCare@DGS.Virginia.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzBiNzlkYzgtODQ4Yy00NWFmLTk1YmYtN2E5YzMzMTE4NWFl%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22c0f3ee07-cd2a-4253-9019-5f4d4a65b112%22%7d tel:+14342300065,,149432029 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=149432029 mailto:commonwealthofvirginia@m.webex.com

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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 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.

http://www.eva.virginia.gov/

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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.

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

Page | 11 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.

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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.