161059 IFB.pdf

Administrative Services/Procurement

Salem District/Christiansburg Residency

Salt Pond Liner Replacements

IFB #161059

Issue Date: 07/08/2026 SEALED INVITATION FOR BIDS IFB# 161059

Title: Salt Pond Liner Replacements

Commodity Code(s): 21007

Location Where Work Will Be Performed: Axton and Glade Hill, VA

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Michelle Braxton

Email: michelle2.braxton@vdot.virginia.gov

Phone: (540) 378-5089

NOTE TO BIDDERS

Prebid Conference/Site Visits: A Mandatory Pre-Bid Conference/Site Visits will be held at 9:00 AM Eastern Daylight Time (EDT) on

07/20/2026. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 AM EDT on 07/29/2026. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EDT on 07/30/2026. 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:

A. VA STATE CORPORATION COMMISSION FORM

B. 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.

C. SUBCONTRACTOR APPROVAL REQUEST

D. NORMAL AND EMERGENCY CONTACTS

E. 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 or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status, status as a military family, 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 or request for proposal.

Salt Pond Liner Replacements

IFB #161059

Administrative Services Division

Invitation For Bids IFB # 161059

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/SITE VISITS 7

VI. METHOD FOR PAYMENT 7

VII. INVOICING 7

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING 7

IX. GENERAL TERMS AND CONDITIONS 8

X. SPECIAL TERMS AND CONDITIONS 15

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

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

C. Subcontractor Approval Request – Fillable Form

D. Normal and Emergency Contacts – Fillable Form

E. References – Fillable Form

F. Virginia Code Red Ozone Days

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

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

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 furnish and install salt pond liner replacements, including geosynthetic membrane protection barrier liners and HDPE geomembranes, at Carlisle Area Headquarters located at 55 Jones Ridge Rd, Axton VA, 24067 and Glade Hill Area

Headquarters located at 5483 Colonial Turnpike, Glade Hill, VA 24091, of VDOT’s Salem District in accordance with the specifications contained herein.

Contract will be awarded in two (2) LOTS. The lots are defined as:

1. LOT 1 – Carlisle Area Headquarters, approximately 4,900 ft.², 55 Jones Ridge Rd, Axton, VA 24067

2. LOT 2 – Glade Hill Area Headquarters, approximately 2,925 ft.², 5483 Colonial Turnpike, Glade Hill, VA 24091

PLEASE NOTE: Contractors may bid on more than one (1) lot; however, Contractor must have the capacity to perform services for each lot they are awarded.

PERIOD OF CONTRACT: From date of award through ninety days. (nonrenewable)

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

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

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

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

Bidder shall identify on the 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 Michelle Braxton at:

Michelle2.Braxton@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 10:00 AM EDT on 07/22/2026.

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:

A. SCOPE OF WORK: The Contractor shall furnish and install approximately 4,900 square feet of new 60 mil textured HDPE Geomembrane at Carlisle Area Headquarters and 2,925 square feet of new 60 mil textured HDPE

Geomembrane at Glade Hill Area Headquarters per the specifications herein.

1. Remove any fencing from the perimeter that might impede the new liner installation.

2. Any utility locating required will be provided by the Contractor.

3. Sawcut and or excavate a 1-ft x1-ft anchor trench around the outside perimeter of the pond.

4. Supply and Install 60mil Geosynthetic membrane protection barrier liner over top the old asphalt liner.

mailto:Michelle2.Braxton@vdot.virginia.gov

• Geosynthetic membranes are engineered materials used to contain liquids or waste, providing a low-permeability barrier for environmental and industrial applications. Geosynthetic membrane are synthetic materials designed to prevent the migration of fluids in applications such as landfills, ponds, reservoirs, and industrial containment systems. They are widely used in environmental protection, mining, agriculture, and wastewater management due to their durability, chemical resistance, and ease of installation.

5. Supply and install 60mil HDPE geomembrane in the pond over top of the Geosynthetic Protection barrier liner and inside the anchor trench providing a seamless finished product. Each section must be welded together to create a continuous, impermeable seam by thermally fusing overlapping sheets using hot wedge, hot air, or extrusion methods.

• HDPE Geomembrane: is an essentially impermeable liner composed of high-density polyethylene polymer. These liners are used for geotechnical and environmental engineering projects that require containment and protection from contamination. They are engineered with custom formulations that provide strength, flexibility, and chemical resistance. The liners are manufactured in long rolls and installed on site as a barrier layer for containment or to prevent the migration of contamination.

6. Backfill anchor trench with leftover dirt from trenching or if no dirt is present use dirt or flowable fill provided by the contractor.

7. NOTE: Any necessary asphalt repairs required will be completed with asphalt supplied by VDOT.

8. Fencing Replacement:

• NOTE: Any new materials needed for fencing replacement or repairs that were damaged or removed will be supplied and installed by contractor. Fencing must be at minimum 54in tall, and post must be weather treated.

• Remove any leftover material from the pond area and haul away.

9. Work shall start no later than 45 days after PO has been Issued.

10. Unit of measure shall be EACH. Square Feet listed in the line description is an estimate for bidding purposes only. Bidder is responsible for determining the actual square footage and the amount of all materials and supplies needed to perform the work. Contractor will be paid the amount bid for the LOT.

11. Extra Charges: The bid price shall be in the form of a firm fixed price and shall include furnishing material, shipping, and installation including all direct and indirect overhead costs such as supervision, general and administrative costs, all supplies, etc. Extra charges will not be allowed.

12. Notification: The Contractor shall notify VDOT within 48 hours prior to delivery of any items so that personnel may be available to allow access to the location and verify items received. Notification shall be made to the contact information listed on the Purchase Order. VDOT will not be responsible for items delivered without advance delivery arrangements. Contactor claims, due to failure to make advance delivery arrangements, will not be considered by VDOT. Point of Contact name and contact information will be provided after contract award.

B. MANNER OF CONDUCTING WORK AT THE WORKSITE:

1. All work shall be performed to the complete satisfaction of the VDOT Contract Administrator.

2. No signs or advertisements shall be posted on VDOT’s property without prior written approval by the VDOT

Contract Administrator.

3. The Contract Administrator, or designee, will review the work site with the Contractor prior to the start of work.

The Contractor shall include the cost of this review into their overhead cost incorporated into the prices quoted.

4. The Contractor shall not deliver and store equipment within the VDOT Right-of-Way or VDOT property without first obtaining permission from the Contract Administrator. The Contract Administrator will approve https://geomembranemurah.com/ 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.

5. The Contractor shall be responsible for containment, cleanup and disposal of debris caused by the work being done. The Contractor is responsible for disposing of all refuse, rubbish, scrap materials and debris caused by their operations. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the job site but shall be removed from the site and properly disposed of in a licensed landfill, or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. Cost of disposal shall be included in the bid line item pricing.

6. The Contractor shall clean up frequently, so the worksite presents a neat, orderly and workmanlike appearance at all times. If a Contractor fails to clean up at the completion of the work, a Procurement Complaint Form may be issued.

7. The Contractor shall assign a Contractor’s Representative/Supervisor, who shall be equipped with a cellular telephone. The Supervision Representative shall be responsible for coordinating work, notifying the Contract

Administrator of daily activities, handling general contract performance issues and meeting with VDOT representatives as needed. The Supervisor’s name and cellular phone number shall be required prior to commencement of work activities. The Contractor shall provide this name, as well as additional personnel names and phone numbers who can be contacted 24 hours a day/7 day a week in case of emergency. Refer to

Attachment D - Normal and Emergency Contacts.

8. VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with VDOT and other contractors necessary.

9. All Contractor personnel performing services under this contract shall be knowledgeable in the work being performed.

10. The Contractor shall ensure their capacity to perform the work even though there may be other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the time frame required herein.

11. The Contractor shall completely supervise and direct the work of their employees as well as all subcontractors that they may utilize. Subcontractors who perform work shall be responsible to the General Contractor.

12. The Contractor’s Supervisory Representative shall be capable of communicating (both verbally and in writing) and comprehending the English language. This person shall be capable of communicating instructions to their employees. The English used by this person must be understood by VDOT personnel.

13. The Contractor’s personnel and subcontractors shall be courteous and respectful and shall refer all public questions to the Contract Administrator.

a. Workers appearing to be under the influence of alcohol or drugs shall not be permitted on the job site.

b. Loud and disruptive conduct shall not be permitted. Whistling, catcalling, leering, coercing, or harassing shall not be tolerated. Substantiated reports of harassment shall be grounds for removal of the employee(s) concerned. Repeated incidents may result in the issuance of a Procurement Complaint

Form.

c. Employees shall not loiter on premises or engage in prolonged discussions with either Agency or other

Contractor personnel.

d. Employees are not permitted in any portion of any building in which the employee's presence is not required by his/her work.

C. SAFETY REQUIREMENTS:

1. The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights and equipment containing a roll- over protection system must be equipped with seat belts that shall be worn by the occupants while in use.

2. 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 in connection with the work by ensuring all work/job areas are to be maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and 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 damage to it or loss of use and enjoyment by its owners.

3. During the execution of the work, the Contract Administrator, or designee, will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the workers and/or general public, for failure to carry out orders for such period, and as may be deemed necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

D. WORKING HOURS AND SITE ACCESS:

1. The Contractor is required to perform routine work during VDOT normal business hours which are from

7:00AM to 3:00PM, Monday through Friday. The Contractor shall always coordinate their work schedule with the VDOT Contract Administrator or Designee, in writing, and shall ensure that work is not planned/performed, or materials/supplies delivered on Saturdays. Sundays and State Observed Holidays, to include, but not limited to: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, Independence

Day, Labor Day, Columbus/Yorktown Victory Day, Election Day, Veterans' Day, Thanksgiving, the day after

Thanksgiving, and Christmas Day. If any of these holidays occur on Sunday, the Monday following shall be considered the holiday.

E. METHOD OF ORDERING:

1. WORK NOTIFICATION PROCEDURE: The Contractor’s official notification to proceed is the purchase order. The purchase order will outline the work location, the quantity and required start date. No work shall begin prior to receiving the Purchase Order.

2. RESPONSE TIME: The Contractor shall acknowledge receipt of the Purchase Order to the VDOT Contract

Administrator, or designee, within 48 hours of the purchase order being issued. Contractor may request additional time to respond in writing from the Contract Administrator. Approval of additional response time will be in writing. All work shall begin within 45 days of the purchase order date.

3. CONTINUOUS OPERATION REQUIREMENT: The Contractor shall provide a continuous operation, with the exception of breaks, once they commence work. The Contractor shall verify daily completions with the

Contract Administrator or designee to ensure progress continues on the project. Failure to maintain a continuous operation may result in the issuance of a Procurement Complaint Form.

V. MANDATORY PRE-BID CONFERENCE/SITE VISITS:

A mandatory, in person pre-bid conference will be hosted by the Contract Officer at the Glade Hill Area Headquarters in the lunchroom located at 5483 Colonial Turnpike, Glade Hill, VA 24091 at 9:00 AM EDT on 07/20/2026. No one will be admitted to join the mandatory site visits unless they attended the mandatory pre-bid conference.

Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted to join the conference after 9:05 AM EDT. Have a copy of the solicitation with you; copies will not be provided by the Contract Officer. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

Attendees will be required to sign in at Glade Hill Area Headquarters and present photo identification issued by a state or federal entity in order to gain access to the building. Examples of acceptable photo identification include, but are not limited to, a current driver’s license or passport. All attendees will be given directions to the specific meeting location. Attendees must also sign out at the security desk before leaving the building. Please plan your arrival accordingly to accommodate parking limitations and getting through security.

There will be mandatory site visits held following the mandatory pre-bid conference at 5483 Colonial Turnpike, Glade Hill, VA 24091 immediately followed by 55 Jones Ridge Rd, Axton, VA 24067. Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at the site visits will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented.

VI. METHOD FOR PAYMENT:

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

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

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

VII. INVOICING:

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

Virginia Department of Transportation

Salem Residency Business Office

Attention: Rodney Cole

713 Harrison Avenue

Salem, VA 24153

In lieu of mailing, invoices may be submitted as an attachment via email to: Rodney.Cole@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 mailto:edi@doa.virginia.gov mailto:Rodney.Cole@vdot.virginia.gov https://eva.virginia.gov/index.html 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 EDT on 07/30/2026.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/291086286347327?p=8H7jzVIaujl0uGO1Ku

Meeting ID: 291 086 286 347 327

Passcode: BW3Pd3nZ

Dial in by phone

+1 434-230-0065,,884564563# United States, South Hill

Find a local number

Phone conference ID: 884 564 563#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 117 132 391 6

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 https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/meet/291086286347327?p=8H7jzVIaujl0uGO1Ku tel:+14342300065,,884564563 https://dialin.teams.cloud.microsoft/69fbdf03-a314-4206-b210-d4d007632545?id=884564563 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, veteran status, status as military family, 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, http://www.eva.virginia.gov/ religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United

States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective (bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the 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.

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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:

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 manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

https://eva.virginia.gov/

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

The eVA Internet electronic procurement solution, web site portal https://eva.virginia.gov/, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA

Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the

Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at https://eva.virginia.gov/.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro

Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders shall state bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign…