159426UIFB.pdf

Administrative Services/Procurement

Culpeper District

On-Call Towing Services– Louisa Residency

UIFB #159426

Issue Date: January 6, 2025 INVITATION FOR BIDS UIFB# 159426

Title: On-Call Towing Services- Louisa Residency

Commodity Code(s): 96890

Location Where Work Will Be Performed: Louisa & Fluvanna Counties

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Culpeper District

1601 Orange Road

Culpeper, VA 22701

Contract Officer: Jason Bailey

Email: Jason.Bailey@vdot.virginia.gov

Phone: (540) 829-7377

NOTE TO BIDDERS

Solicitation Closing Date and Time: 10:00AM EST on January 10, 2025. Refer to Solicitation Section VIII.1 for Instructions to

Bidders.

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. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

5. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Conditions C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

On-Call Towing Services– Louisa Residency

Administrative Services Division

Unsealed Invitation for Bids UIFB # 159426

On-Call Towing Services

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide on-call, as-needed towing services for emergency and other special events to clear roadways of vehicles (i.e.

stalled, abandoned, stuck, etc.) on Primary and Secondary routes within Louisa and Fluvanna Counties to include

Interstate 64 (approximately 130.2 mm to 147.8 mm) within the Culpeper District Louisa Residency.

This solicitation is set-aside as Small Business Enhancement Award Priority.

See Special Terms and Conditions “Award”.

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

PERIOD OF CONTRACT: From the date of award through May 1, 2025. Non-Renewable.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this unsealed invitation for bid shall be addressed to Jason Bailey at

Jason.Bailey@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised.

III. GENERAL DEFINITIONS:

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

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

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. SCOPE OF WORK:

1. The Contractor shall be capable of providing the following tow vehicle types:

a. Heavy Duty Wrecker, Multi-Axle 25 Ton Minimum boom rating, greater than 33,000 lbs. GVWR with an operator and capable of towing a minimum of 80,000 lbs. (TRAA Class 8).

On-Call Towing Services– Louisa Residency

b. Light Duty 4X4 wrecker up to 10,000 lbs. GVWR. (TRAA Class 2).

2. Minimum equipment numbers can be found in section IV.H. Bid Pricing Schedule.

3. Services are primarily to assist and/or move vehicles that are stuck or otherwise impeding the flow of traffic from the roadway during emergency and special events; however, these services may be requested to assist during other events as determined by VDOT. Note: Towing as a result of an accident may be handled by the State Police and will not be covered by this contract. The contractor may be required to tow VDOT equipment in case of breakdown and/or

VDOT equipment becoming stuck or otherwise impeding the flow of traffic from the roadways. Towing of VDOT equipment will be authorized by a VDOT representative prior to towing any VDOT equipment.

4. Roadways are defined as travel lanes, shoulder, and ramp/interchange areas. Vehicles shall be relocated to the nearest safe location (as designated by VDOT) from the travel portion of the roadway. In most cases, vehicles will not be towed to a storage location. Under extreme circumstances, when multiple vehicles require towing, VDOT will designate a location to tow disabled vehicles.

5. Equipment requested to report shall be solely dedicated to VDOT from the time VDOT requests the equipment to be in place until the equipment is released by VDOT. While performing duties under this contract, the Contractor (s) shall not perform or offer to perform, any operations at the direction of any private individuals, firms, or corporations, using equipment being utilized under this contract.

6. VDOT will specify the number of wreckers and where they are to be staged prior to each event. The staging locations may be changed to meet the needs of VDOT. The contractor will be informed where the staging location is upon being notified.

7. Staging locations and start times will be provided when contacted by the VDOT representative. The payment per hour is considered an operational rate, regardless of assignment or location. Additional towing fees are prohibited; the contractor SHALL NOT collect any additional towing fees from the vehicle owners when being paid by VDOT under this contract.

8. Towed Vehicles Log: The Contractor shall keep a log of all vehicles towed including the following information:

Make, Model, License Plate, Vehicle Identify Number (VIN) and all attached property to the vehicle, and the designated storage location, to include time of service, if applicable. When available include owners/drivers name, address, and telephone number. This log shall be submitted with the contractor's invoice for each event.

B. SPECIFICATIONS AND STANDARDS:

All work shall be performed following the direction(s) given by the VDOT Contract Administrator, or designee.

The Contractor’s equipment shall meet Occupational Safety & Health Administration (OSHA) and Virginia

Occupational Safety & Health (VOSH) standards. Additionally, the Contractor(s) shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations. The Contractor(s) shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include but are not limited to, hard hats, safety vests, steel-toed shoes, gloves, glasses, etc. Failures to comply with the safety requirements constitute a reason to restrict work being performed under this contract. In addition, no hard hat or safety vest shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT. Equipment shall have vehicular backup alarm systems and flashing lights.

C. REQUIREMENTS, WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. Equipment/Qualified Operators: The contractor shall provide the minimum equipment requested for tow vehicles, including an experienced operator (the operator must have at least 2 years of experience performing towing services), and be at least 18 years of age. The equipment offered by Bidders shall be suitable for the intended purpose and provide approved equivalent specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equivalent to that named herein.

On-Call Towing Services– Louisa Residency

2. All equipment to be used in the performance of this contract must be listed on Attachment A Vendor

Qualification/Equipment Inventory Certification Form with the completed information including whether the equipment is owned or rented/leased, make, model, capacity, vehicle identification number (VIN), and description if applicable. Failure to provide this information may result in the bid being declared non-responsive. VDOT reserves the right to verify/inspect all equipment prior to award of the contract.

3. All contracted towing equipment shall be equipped with a functional Automatic Vehicle Locator (AVL) system.

VDOT will provide AVL units, annual subscription, and ordering procedures at no charge to the Contractor. The awarded Contractor must submit to the Contract Administrator a VDOT provided spreadsheet listing all equipment information including AVL unit assignment information within 45 days of the initial award. The Contractor shall be responsible for ensuring AVL equipment is installed properly and maintained in working order and is reporting while being compensated for hourly services. Failure to have working AVL systems installed in any licensed equipment and maintaining AVL systems in proper working order shall result in a procurement complaint being filed. The contractor will have full access to the AVL System for equipment tracking purposes.

4. Bid Price: The bid price shall include the hourly operational rate for the wrecker and shall include the operator, fuel, and all associated expenses including but not limited to; profit, direct and indirect costs, administrative costs, equipment, and personnel transportation, cellular phones, hand-held radios and cost of mobilization. Travel time will not be paid separately. Travel costs shall be incorporated into the hourly bid rate. Hourly rates shall be quoted in whole US dollars only.

5. Maintaining Equipment: The Contractor shall provide, maintain, and operate equipment designated for the operation described herein and shall ensure the equipment is in good repair and operating condition and meets all safety requirements for this type of work. The Contractor shall possess or have available, before the award of the contract, sufficient equipment necessary to perform the work for the awarded contract. Further, the Contractor shall maintain all equipment to these same regulations throughout the duration of the contract.

6. Fuel and Readied: The Contractor, at his own expense, shall have wreckers fueled and ready to begin operations prior to reporting to the staging location. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently and safely. This shall include but is not limited to, chains, cables, straps, supplies, and all hand tools and safety supplies.

7. Weather Conditions: Wreckers shall be maintained in a manner to facilitate timely movement in all types of weather-related events/conditions (i.e. tire chains during snow events).

8. Breakdowns: No billable hours shall be permitted for equipment breakdowns. If a breakdown occurs, the equipment must be in operable condition within three hours, or a replacement piece of equipment shall arrive within three hours, if it is deemed essential by VDOT.

9. Standards: Any equipment failing to meet any of the above standards, which are determined to be inadequate will not be allowed to perform work, nor will the Contractor be eligible for payment until brought into compliance by the

Contractor, as solely determined by VDOT.

10. Additional Trucks/Wreckers or Equipment: VDOT reserves the right to supply additional trucks/wreckers and/or equipment from VDOT sources if deemed necessary.

D. PERSONNEL REQUIREMENTS:

1. Experienced, Qualified Operators: Operators must be properly licensed and adhere to all applicable Federal and

State Motor Vehicle regulations. VDOT reserves the right to check driver’s license validity with the issuing state

Department of Motor Vehicles at any time during the contract period. The contractor must be in good standing with

Local and State Police. A pre-award meeting may be conducted to verify all equipment and personnel requirements.

On-Call Towing Services– Louisa Residency

2. Minors on the Worksite: Drivers/operators shall be at least 18 years of age and capable of working nights. No pets/animals or minors under the age of 18 will be allowed on the VDOT work site(s), to include in the contractor’s vehicle, and where this contract will be performed.

3. Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein.

4. Contact Person: The Contractor shall assign a contact person who shall be equipped with a working cellular telephone. The contact person shall be responsible for assigning and coordinating work and handling general contract performance issues and meeting with VDOT representatives as needed. The contact person’s name and cellular phone number may be provided with the bid documents and updated when necessary. The Contractor shall provide this name, as well as additional personnel names and phone numbers who can be contracted 24 hours a day

7 days a week in case of emergency.

5. Cellular Phone: During the performance of the contract, the contract person shall carry a functional cellular telephone at all times, which is effective throughout the counties covered by the contract.

6. Communication: To ensure the overall safety of all personnel and the traveling public, the Contractor shall provide drivers/operators who are able to communicate in the English language. The driver shall be required to demonstrate that they are capable of understanding instructions in English for a safe and effective operation. Each driver shall have a working cell phone and will be communicating with VDOT dispatch staff during an emergency event.

7. Contractor’s Personnel: The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners, and citizens in a courteous and respectful manner. The Contractor’s personnel must refer all questions concerning work planned, performed, or promised to the VDOT Contract Administrator.

8. Delivery, Parking, and Storage: The Contractor shall not deliver and store equipment within the VDOT Right-of-

Way or on VDOT property without prior written permission from the Contract Administrator. The Contractor

Administrator shall approve the parking and storage arrangements; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

9. Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of these operations. The Contractor shall cooperate with VDOT and other contractors as necessary.

10. Sanitary Facilities: It is the Contractor’s responsibility to provide toilet facilities for their employees while performing work on this contract.

11. Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons who may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to maintain clean and free from safety hazards. The Contractor shall protect

VDOT’s property from injury or loss arising in connection with this contract. The Contractor shall adequately protect adjacent property to prevent any damages to it or loss of use by its owners.

12. Personal Protective Equipment: Hard hats and safety vest shall be worn by ALL employees while participating in or observing all types of fieldwork when outside of the cab of the vehicle.

13. Commercial Driver’s License: When required equipment is being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License with the proper endorsements. VDOT reserves the right to verify all contractor's licenses and endorsements.

14. Satisfaction: All work shall be performed according to the standards of the industry and to the complete satisfaction of the VDOT Contract Administrator.

15. Sign or Advertisements: No signs or advertisements shall be posted on VDOT‘s property without prior written approval by the VDOT Contract Administrator.

On-Call Towing Services– Louisa Residency

E. METHOD OF ORDERING WORK/RESPONSE REQUIREMENTS:

1. Work Notification Procedure: The Contractor’s official notification is the purchase order, outlining the staging location, types of wreckers required, and the expected period of time the wrecker will be required. In case of critical/immediate need, verbal notification shall be sufficient for the Contractor to begin with written confirmation to follow within 48 hours.

2. Confirmation/Response Time: After receipt of verbal notification or purchase order, the Contractor shall confirm the acceptance of the work assignment within one (1) hour and their ability to begin work at the requested time.

Response by Contractor shall include name and cell phone number of each responding driver. The Contractor may, at the time of notification, request additional time to respond. VDOT will give the Contractor as much advance notice as possible, however, the Contractor shall be able to report within two (2) hours of notification if needed.

Approval of additional response time will be decided by VDOT on a case-by-case basis.

3. Continuous Operation Requirement: The Contractor(s) shall provide a continuous operation once they commence work until released by VDOT. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract.

4. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and Conditions Paragraph No. P. A Procurement Complaint Form may be issued against the Contractor.

5. Minimum Callout: The Contractor will be paid a minimum of four (4) hours for each piece of equipment (wreckers) requested and responding in the event the storm fails to materialize and/or emergency response is canceled.

F. HOURS OF WORK:

1. Hours of Work: The Contractor shall be able to provide services 24 hours per day, 7 days a week, and 365 days per year. The Contractor shall furnish and have available sufficient qualified operator(s) and equipment to ensure a continuous operation. If a shift change is necessary, it shall be coordinated in such a way that the equipment does not leave the staging area at any time. The Contractor shall be available to work twelve (12) hour shifts, which may be night and/or day without direct administration from VDOT. The operators will be given general instructions and directions from the Contract Administrator and shall proceed to accomplish work.

2. Starting Times and Schedules: Starting times and staging locations per emergency event will be provided by

VDOT in writing. Billable hours shall begin when the requested equipment arrives at each assigned location as requested. Billable hours will end when the operator is notified and released by VDOT.

3. Billable Travel Time: The equipment will be paid for at the unit price per hour for operations performed. Separate travel time will not be paid (unless requested and approved by the VDOT Contract Administrator to travel to and from one VDOT work location to another VDOT work location within the same day) therefore these costs need to be incorporated in the hourly bid rate. The hourly rate shall include the cost of equipment or incidentals needed to perform the contracted services. The Contractor is not entitled to make any other claim for compensation. Hourly rates shall be quoted in whole US dollars only. Payment will be made on an hourly basis to the nearest one-half hour.

4. Compliance: At the conclusion of the workday, the Contractor shall demonstrate to the Contract Administrator, or designee, that the work is fully in compliance with the contract and VDOT specifications. Any deficiencies shall be corrected within 24 hours by the Contractor at the Contractor’s sole expense, prior to the final acceptance of the invoice. Any complaint as to quality or violation of contract provisions will be reported to the Contract Officer with the use of a Procurement Complaint Form.

On-Call Towing Services– Louisa Residency

5. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with the General Terms and Conditions Paragraph No. p. A Procurement Complaint Form may be issued against the Contractor.

G. ADDITIONAL USERS/EQUIPMENT ASSIGNMENTS:

1. Contract awards are on behalf of the Culpeper District Maintenance Office within the Culpeper District. In the case of severe storms and equipment or personnel shortages, other VDOT Maintenance Areas may be authorized to utilize the services offered on the contract. The need to divert equipment and/or personnel will be at the sole discretion of VDOT on a case-by-case basis. Once the Contractor has satisfactorily completed work in his/her primary assignment area, the Contractor may be offered the option of assisting other areas in need prior to the release of his/her equipment which could be utilized elsewhere. If the Contractor agrees, the sharing of such resources will be coordinated by the Contract Administrator and the VDOT Representative from the requesting areas. The hourly operational rate and contract specifications shall remain applicable regardless of assignment location.

2. VDOT reserves the right to add additional equipment and manpower as deemed necessary and in the best interest of the Department. Under no circumstance shall any equipment designated for use on this contract be signed up or marked for utilization or offered on any other severe weather or towing assignment with VDOT or any other public or private entities. All equipment offered on this contract shall be dedicated to the awarded contract unless authorized by the VDOT Contract Administrator in writing.

H. BID PRICING SCHEDULE:

1. Louisa Residency – Louisa & Fluvanna Counties to Include I-64:

Bid Line Item 1: Heavy Duty Wrecker, Multi-Axle 25 Ton Minimum boom rating, greater than 33,000 lbs.

GVWR with an operator and capable of towing a minimum of 80,000 lbs. (TRAA Class 8).

Minimum Quantity Required: Two (2) Heavy Duty Wreckers

Bid Line Item 2: Light Duty 4X4 wrecker up to 10,000 lbs. GVWR (TRAA Class 2).

Minimum Quantity Required: Two (2) Light Duty Wreckers

V. METHOD FOR PAYMENT:

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

Should the Contractor indicated in their eVA registration that they accept payment via P-Card, VDOT will pay invoices totaling $5,000 of less via credit card (SPCC). For Contractors that do not accept P-card payments as indicated in eVA and for invoices totaling $5,001 or more, payment shall be paid via check/ACH/EDI payment dependent upon the Contractor’s preference as indicated with the Department of Accounts (DOA). For questions about eVA please contact the eVA Customer

Care Center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at 804

692-0471 or email at: edi.doa.virginia.gov.

VI. INVOICING:

Invoices shall be submitted at the end of the event, covering all wreckers used and covered by the contract to the email address below. All invoices shall include the following information per wrecker:

mailto:eVACustomerCare@DGS.Virginia.gov

On-Call Towing Services– Louisa Residency

- The Contractor’s Name and Address

- Invoice Number

- Contract Number

- Purchase Order Number

- Towing Equipment Used and Operators Names(s)

- Towed Vehicle Logs

- Staging Location

- Start Date and Time

- Release Date and Time

- Grand Total of Hours

- Hourly Rate

- Grand Total Amount

Invoices shall be validated/verified by both the Contractor and VDOT. The only charges VDOT will approve for payment will be charges agreed upon. All Invoices shall be itemized per truck.

Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

VDOT – Culpeper District Maintenance

Attn: Jessie Shupe - Jessie.Shupe@vdot.virginia.gov

1601 Orange Road

Culpeper, VA 22701

VII. BIDDER’S INSTRUCTIONS

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 agenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

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

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

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

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

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

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

VIII. 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”.

mailto:Jessie.Shupe@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov http://www.eva.virginia.gov/

On-Call Towing Services– Louisa Residency

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of

Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

On-Call Towing Services– Louisa Residency 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 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

On-Call Towing Services– Louisa Residency improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

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

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

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

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

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the

Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

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

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing

Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

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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:

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1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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