159553 Specifications, Forms, Attachments.pdf

Administrative Services/Procurement

Richmond District South Hill Residency

Litter Removal Services

IFB #159553

Issue Date: February 25, 2025 SEALED INVITATION FOR BIDS IFB# 159553

Title: Litter Removal Services, South Hill Residency

Commodity Code(s): 9885650100

Location Where Work Will Be Performed: Richmond District

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Cheryl Lewis

Email: Cheryl.Lewis@vdot.virginia.gov

Phone: (804) 786-5959

NOTE TO BIDDERS

Prebid Conference: A Pre-bid Conference will not be held for this solicitation.

Solicitation Closing Date and Time: 9:00 AM EST on March 11, 2025. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EST on March 11, 2025. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

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

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

3. VA STATE CORPORATION COMMISSION FORM

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

5. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. REFERENCES

Administrative Services Division

Invitation For Bids IFB # 159553

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.

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. QUESTIONS REGARDING THIS INVITATION FOR BID 3

III. GENERAL DEFINITIONS 3

IV. SPECIFICATIONS 3

V. PRE-BID CONFERENCE 8

VI. METHOD FOR PAYMENT 8

VII. INVOICING 9

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING 9

IX. GENERAL TERMS AND CONDITIONS 10

X. SPECIAL TERMS AND CONDITIONS 16

ATTACHMENTS

A. Limited Access Highways

B. Lot 1 Routes/Acres – Lunenburg County

C. Lot 2 Routes/Acres – Mecklenburg County

D. Lot 3 Routes/Acres – Brunswick County

E. VA Code Red Ozone Days

F. Small Business Subcontracting Plan (SBSP)

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

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

G. VA State Corporation Commission Form

H. Normal and Emergency Contacts

I. Subcontractor Approval Request

J. References

K. Prevailing Wage Rate Determination(s)

REFERENCED TRAININGS

1. General Term and Condition C.1.(d): Link to Referenced Sexual Harassment Training

2. General Term and Condition CC: Link to VDOTU. Log in and search for “VDOT Workplace Civility Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://virtualcampus.vdot.virginia.gov/

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide all equipment, labor, supervision, supplies (except bags), traffic control and any other incidentals necessary to perform Litter

Removal Services to designated areas in Brunswick, Lunenburg and Mecklenburg Counties within the Richmond District’s

South Hill Residency on an on-call as-needed basis.

PERIOD OF CONTRACT: From May 21, 2025, through a one (1) year period (renewable)

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

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

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

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the

Bidder shall identify on the SBSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BIDS:

Any questions regarding this invitation for bid shall be addressed to Cheryl Lewis at Cheryl.Lewis@VDOT.Virginia.gov.

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on March 7, 2025.

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 “Commonwealth” or “Department” or as “VDOT,” and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS/CONTRACT REQUIREMENTS:

A. SCOPE OF WORK: The Contractor shall provide all necessary labor, supervision, equipment, tools, supplies (except bags), fuel, traffic control, and incidentals to remove and legally dispose of all litter from primary and secondary roadways and right of ways throughout the County for which an Award is received.

For the purpose of this contract, litter is defined as anything that is not a natural part of the roadway or right-of-way such as household debris, tires, and trash. Natural vegetation, such as tree limbs, leaves and grass will not be defined as litter within this contract.

Contractors awarded multiple Lots shall be capable of providing crews simultaneously in all Lots that they are awarded and shall complete a minimum of fifteen (15) acres per workday period per lot.

The Contractor shall be capable of commencing work within ten (10) calendar days after contract award.

Litter pick-up for the routes included herein shall be performed between mowing cycles only. Mowing Contractors shall perform litter pick-up ahead of mowing operations.

B. WORK LOCATIONS: Award(s) will be made on a PER LOT basis with lots identified as follows:

Lot 1 – Lunenburg County Primary and Secondary, routes specified attachment B

Lot 2 – Mecklenburg County Primary and Secondary, routes specified attachment C

Lot 3 – Brunswick County Primary and Secondary, routes specified attachment D

C. WORK REQUIREMENTS:

1. Contractor shall remove litter on primary and secondary roads from the edge of roadway, ramps, loops, infield areas, shoulders, gore areas and slopes to the right-of-way border (fence line, tree line or utility pole line), when specified by the Contract Administrator or designee.

2. Contractor shall remove all litter accumulated at drop inlets and drainage grates.

3. Contractor’s crew(s) shall walk each route to ensure all trash/litter is removed from VDOT roadways to present a neat and clean appearance.

4. Litter Pickup Routes: A list of Litter Pickup Routes, broken down by County is shown in Attachments B, C and D.

This list includes the total roadway acreage and classification for each route where litter removal shall be performed.

Additionally, all routes within the town limits of Clarksville, Chase City, Boydton, Brodnax, Lawrenceville, Alberta, Kenbridge and Victoria are included and shall be considered as litter pickup routes for this contract. Partial routes from this list may also be considered as litter pickup routes. Acreages on town routes and partial routes will be calculated and listed on the work order.

5. Litter Pickup Cycles: A litter pickup cycle is defined as completing litter pickup on routes and partial routes in the

County as specified on the work order. Contractor shall pick up a minimum average of fifteen (15) acres per day with all work on the work order completed within sixty (60) workdays of commencing work. VDOT will not assign more than seven hundred fifty (750) acres per work order.

6. The Contractor shall provide a continuous operation with sufficient personnel and equipment to complete litter pickup on all routes indicated on the work order, within the designated timeframe of fifteen (15) acres per workday.

7. Roadway Acre: The roadway acre includes the area between the edge of the roadway and right of way areas in both directions including but not limited to shoulders, medians, ramps, loops, infield areas, gore areas and slopes.

8. Roadway Right of Way: If the roadway right of way border is not clearly defined by a fence line, tree line or utility pole line, the right of way border shall be fifteen (15) feet from the edge of the roadway pavement, travel way for unpaved roads, unless otherwise specified by the Contract Administrator or designee.

9. Litter Removal: All litter collected by the Contractor shall be contained immediately in plastic bags, removed from the traveled portions of roadways, ramps and shoulders. VDOT will provide all plastic trash container bags needed for all litter pick-up. VDOT orange trash bags will serve as an indication to landfills that the litter has been removed on behalf of VDOT.

10. The Contractor shall not transport any litter or debris to the opposite side of the roadway.

11. Large Debris: If large debris is located, such as large pieces of concrete, appliances, dead animals or any large debris that cannot be easily moved or disposed of, the Contractor shall contact the VDOT Contract Administrator or designee. VDOT will remove these items.

12. Hazardous Substances: Contractor shall immediately notify the VDOT Contract Administrator or designee if any hazardous, dangerous or suspect materials are encountered. The Contractor shall not attempt to remove these materials.

13. Valuables: If the Contractor finds any items of value including but not limited to wallets, credit cards, or jewelry, the items shall be turned in daily to the Contract Administrator or designee.

14. Protection of Persons and Property: The Contractor shall take every precaution, at all times, for the protection of persons which may come on the work site or be affected by the Contractor’s operation. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect

VDOT and all adjacent property from damage, injury or loss arising in connection with this Contract.

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

D. DISPOSAL:

1. Contractor shall remove all collected, contained bagged litter from the roadways, ramps and shoulders at the completion of an assigned route or by the end of each day, whichever occurs first. The Contractor shall not leave any collected or bagged litter or debris on the roadway or right of way overnight.

2. The Contractor shall be responsible for adequately securing all equipment and collected litter and debris on their vehicles when in transit to and returning from a work assignment.

3. Disposal Site and Cost: The Contractor shall be responsible for disposing of all debris in accordance with Local, State and Federal laws and for all costs associated with disposal.

4. Contractor shall report the number of bags of litter that have been collected from each route to the Contract

Administrator at the end of each day.

E. TRAFFIC CONTROL:

1. The Contractor shall provide all traffic control, traffic control signs and devices as required for work operations (on non-limited access highways). All traffic control shall be performed in accordance with the current version of the

Manual on Uniform Traffic Control Devices (MUTCD) and the 2011 edition of the Virginia Work Area Protection

Manual with all Revisions (2011 VWAPM).

2. VDOT will provide traffic control on limited access highways. (Specifically, sections of Highway 58 that are limited access.) These sections are listed on Attachment A.

3. Signage: It shall be the responsibility of the Contractor to transport, properly set up, and breakdown all traffic control devices. The Contractor shall install and maintain signs in accordance with the current version of the Manual on Uniform Traffic Control Devices (MUTCD) and the 2011 edition of the Virginia Work Area Protection Manual with all Revisions (2011 VWAPM).

4. Traffic control signs and layouts shall be in place prior to the performance of any work. VDOT may stop work until all signs are properly in place.

5. Warning Vehicles: When required by the 2011 VWAPM or current version with all revisions, the Contractor shall provide traffic control advance warning vehicles, including the appropriate signs and spring-loaded type sign stands meeting NCHRP 350 requirements and capable of holding a 48” sign.

The Contractor equipment’s warning lights shall meet the Requirements referenced in the 2011 VWAPM or current version with all revisions. Vehicles that do not meet these requirements shall not be allowed to be utilized in conjunction with this contract.

6. The Contractor shall ensure that they have or are able to obtain the adequate amount of vehicles and signage for each Lot they are awarded.

7. Transportation Operations Centers: The Contractor shall notify the Transportation Operations Center (TOC) for

“VA Traffic” notification. The TOC Contact Number: 804 796 4520. Work zones on all roads are required to be called in to the TOC. Notifications to the TOC shall be made prior to 8:00 AM each day.

The Contractor shall immediately provide notification to the TOC for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the Contract Administrator/Contract Monitor, CA/CM). The Transportation Operations Centers will request the following information from the Contractor: Route, county, location (termini), lane impacted (EBL, SBL, etc.), and cell phone number.

Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination.

F. EQUIPMENT REQUIREMENTS:

1. The name of the Contractor’s company shall be displayed on both sides of all work vehicles while on VDOT right of way.

2. All Contractor vehicles shall have a current state vehicle inspection and registration from the State where the vehicle is registered and shall be properly insured in accordance with that State’s requirements. Contractor’s equipment and operators shall be in compliance with all applicable DMV, State and Federal regulations regarding the conditions, safety and operations of vehicles used to execute work under this contract.

3. Contractor’s vehicles shall be equipped with rotating, flashing amber lights in compliance with the 2011 Virginia

Work Area Protection Manual and all revisions (2011 VWAPM).

4. Fueled and Ready: The Contractor, at his own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

5. Equipment Breakdown: The Contractor shall ensure that all vehicles and equipment are properly maintained in good repair and operating condition. If the Contractor’s equipment breaks down causing delay in services, and replacement equipment is needed, the Contractor shall provide a replacement within two (2) hours.

6. Parking of Vehicles: Contractor’s equipment shall not be parked overnight in the maintenance yard or at the project site without the prior written approval of the Contract Administrator or designee. VDOT will not be liable for any

Contractor vehicle or equipment that is missing, stolen, or damaged while parked on the right of way or at a VDOT facility.

G. PERSONNEL REQUIREMENTS:

1. Crew Leader: The Contractor shall provide a Crew Leader who shall serve as the VDOT contact and shall provide supervision of the work, the crew members, and any approved subcontractors. The Contractor shall provide the name and phone number of the Crew Leader to the VDOT Contract Administrator or designee prior to the start of any work.

The Contractor’s Crew Leader shall have the authority to take immediate corrective action under conditions determined by VDOT to be unsafe, or otherwise not in accordance with the terms of the contract.

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

Administrator or designee.

3. Coordination with VDOT: Upon request, the Contractor’s Crew Leader shall advise VDOT of the status of work being done and the details of that work. The Crew Leader shall coordinate directly with the VDOT Contract

Administrator or designee. VDOT reserves the right to perform any type of highway maintenance within the limits of this operation.

4. All crew members shall wear a minimum of a Class III Safety Vest at all times throughout the duration of the work.

H. COMMUNICATION:

1. Cellular Phone: The Contractor shall ensure that at least one member of each crew has a working cellular telephone with sufficient coverage to reach any VDOT staff member or other Contractor crews working within the South Hill

Residency area.

2. Contact Information: The Contractor shall provide complete contact information on Attachment H Normal and

Emergency Contacts. This shall include both a primary and secondary designation.

3. Crew Leader changes shall be provided to VDOT immediately with the new crew leader contact information.

4. At least 1 (one) member of each crew shall be able to communicate in and understand the English language.

I. HOURS OF WORK AND WORK SCHEDULES:

1. Hours of Work: Unless otherwise directed by VDOT, the Contractor will be permitted to work daylight hours only, between the period of one half hour after sunup and one half hour before sundown. VDOT will notify the Contractor of any routes that have restricted work hours; notice to be given at the time work is requested.

2. State Holidays: No work shall be permitted on Federal or State Holidays, or on Sunday, without written permission from the VDOT Contract Administrator, or designee.

3. VDOT reserves the right to alter these work hours on a case-by-case basis as approved by the VDOT Contract

Administrator or designee.

J. ORDERING WORK:

1. Work Notification Procedure: VDOT will issue a “Purchase Order” for billing purposes. Work will be requested by issuance of a Work Order. Before work can begin, a written Work Order referencing applicable Purchase Order will be issued notifying the Contractor to commence a litter pickup cycle and identifying any routes to be completed.

2. Confirmation/Response Time: After receipt of a Work Order, the Contractor shall confirm by e-mail, receipt of

Work Order within forty-eight (48) hours. The litter and debris pickup cycle shall commence within five (5) calendar days of confirmation.

The Contractor may, at the time of notification of work, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis.

The Contractor shall notify the Contract Administrator or designee daily, by 8:00 AM to advise what routes the

Contractor will be working on that day. This notification shall be made by e-mail or text message.

3. Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon date and time, a Procurement Complaint Form may be issued against the Contractor. It will address the deficiency and corrective action needed. If corrective actions are not acquired by the deadline stated in the cure letter, VDOT may have the work accomplished by another source and the Contractor shall be held responsible for any resulting additional purchase and administrative costs in accordance with General Term and Condition Paragraph P.

4. Continuous Operation Requirement: The Contractor(s) shall provide a continuous operation once they commence work. If the Contractor fails to execute work continuously, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract in accordance with General Term and Condition paragraph P.

5. Inclement Weather: In the case of inclement weather and the Contractor is unable to perform the work required, the

Contractor shall contact the Contract Administrator, or designee, by 8:00 AM on the day the work is scheduled. In the case of work being performed that will be shut down due to inclement weather, the Contractor shall contact the

Contract Administrator or designee within one (1) hour of work stoppage. The only time extensions will be considered for completion of work would be due to unsuitable weather conditions, code red days or conditions beyond the Contractor’s control, as determined by VDOT. Extensions for “unsuitable weather” will be determined by VDOT on a case by case basis.

K. VERIFICATION OF WORK:

1. Daily Work Log: At the conclusion of the workday, the Contractor shall submit to the Contract Administrator a

Daily Work Log showing partial and completed routes and the date completed, as well as the number of bags of litter that was picked up. Daily Work Log shall be on a form mutually agreed upon by VDOT and the Contractor.

2. The Daily Work Log shall be signed by the Contractor or Crew Leaders and submitted to the VDOT Contract

Administrator or designee at the end of each workday. The Daily Work Log will be used by VDOT to verify the

Contractor’s completion of work.

3. Work completion shall be defined as complete litter and debris removal and disposal of all routes identified in the

Daily Work Log that meet the requirements outlined in Section IV.C (WORK REQUIREMENTS).

4. Inspection: The VDOT Contract Administrator or designee will inspect the completed routes within three (3) business days and notify the Contractor of any deficiencies on the routes where work was performed.

5. Deficiencies: Any deficiencies noted by VDOT shall be promptly and permanently corrected by the Contractor, within one (1) business day, at the Contractor's sole expense prior to final acceptance of the work.

L. MEASUREMENT OF PAYMENT:

1. Payment will be made per acre at the unit price bid. Unit price shall include all associated expenses, to include but is not limited to; administrative costs, qualified labor, supervision, VWAPM signage, mobilization, vehicles, fuel, equipment, disposal fees, safety equipment, cellular telephones, and all incidentals. No additional charges will be accepted.

V. PRE-BID CONFERENCE:

A pre-bid conference will not be held for this solicitation; however, potential bidders are encouraged to present questions and obtain clarification relative to any facet of this solicitation. Reference section II QUESTIONS REGARDING THIS

INVITATION FOR BID.

VI. METHOD FOR PAYMENT:

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

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

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

VII. INVOICING:

Invoices shall be submitted at completion of each work order and acceptance of work by VDOT to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates.

Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

VDOT South Hill Residency

Attention: Connie Perkins

P. O. Box 249

South Hill, VA 23970

In lieu of mailing, invoices may be submitted as an attachment via email to connie.perkins@vdot.virginia.gov or todd.wilson@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

1. BID SUBMISSION – INSTRUCTIONS:

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

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

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

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

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

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

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

2. PUBLIC BID OPENING:

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

A virtual public bid opening will be hosted by a VDOT representative at 10:00 AM EST on March 11, 2025.

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

Join the meeting now

Meeting ID: 234 342 349 758

Passcode: JF2ih9K6

Dial in by phone

+1 434-230-0065,,458750361# United States, South Hill

Find a local number mailto:connie.perkins@vdot.virginia.gov mailto:todd.wilson@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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGE1ZjAzZTItNWNiMC00MGMyLTgwNjQtMzJjNTI1MDhhMDMy%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ccefe87b-f31b-4e66-b993-18dc38a93dd4%22%7d tel:+14342300065,,458750361 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=458750361

Phone conference ID: 458 750 361#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 114 810 290 4

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at 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, § 2.2-4343.1(E)).

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.

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

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

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

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

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

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986:

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

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance

(subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan.

Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

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

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

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

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

Conditions shall apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q. TAXES: (OMITTED)

R. USE OF BRAND NAMES: (OMITTED)

S. TRANSPORTATION AND PACKAGING: (OMITTED

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

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 (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…