161087 Scope of Work amended.pdf

Administrative Services/Procurement

Bristol District/Lebanon Residency

Culvert Cleaning Service

UIFB # 161087

Issue Date: July 17, 2026 UNSEALED INVITATION FOR BIDS UIFB# 161087

Title: Culvert Cleaning Service

Commodity Code(s): 91377

Location Where Work Will Be Performed: Buchanan County

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Chelsa Taylor

Email: Chelsa.Taylor@vdot.virginia.gov

Phone: (276) 696-3337

NOTE TO BIDDERS

Prebid Conference: A pre-bid conference will not be held for this solicitation. Refer to Solicitation Section V.

Solicitation Closing Date and Time: 5:00 PM EDT on July 24, 2026. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

REMINDERS

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

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

A. NORMAL AND EMERGENCY CONTACTS

B. SUBCONTRACTOR APPROVAL REQUEST

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.

Administrative Services Division

Unsealed Invitation For Bids UIFB # 161087

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 8

VIII. BIDDER’S INSTRUCTIONS 8

IX. GENERAL TERMS AND CONDITIONS 9

X. SPECIAL TERMS AND CONDITIONS 15

ATTACHMENTS

A. Normal and Emergency Contacts – Fillable Form

B. Subcontractor Approval Request – Fillable Form

C. Location Map and Photos

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 pipe and culvert cleaning services with a radio remote-controlled confined space track loader for a 36” by 250’ concrete drainage structure located on Route 83 Lover’s Gap Road, GPS Location of Latitude 37.22650 and Longitude -82.09910, approximately 0.4 miles from Route 460 in the Vansant community of Buchanan County of the Lebanon Residency of the

Bristol District, in accordance with the specifications contained herein.

PERIOD OF CONTRACT: From date of award through 30 days (nonrenewable).

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.

II. QUESTIONS REGARDING THIS INVITATION FOR BIDS:

Any questions regarding this invitation for bid shall be addressed to Chelsa Taylor at Chelsa.taylor@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 EDT on July 20, 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. BACKGROUND: VDOT has a 36" x 48" x 250' elliptical reinforced concrete cross pipe that is completely plugged with rock and sediment. VDOT has used Microtraxx 3234 and 3434 for similar applications. This pipe conveys water from the Route 83 curb-and-gutter system and from an intermittent tributary to Big Prater Creek beneath

Route 83 in the Town of Vansant, Buchanan County, Virginia. The project location is approximately 0.41 miles upstream of the confluence of Big Prater Creek and the Levisa Fork, at Latitude 37.22650 and Longitude -82.09910.

Please see the attached aerial image and topographic map for additional location information (Attachment C).

B. SCOPE OF WORK: The Contractor shall bid a lump sum bid price to provide labor, supervision, qualified operators, equipment, fuel, transportation (mobilization), tools, parts, supplies, and incidentals as necessary for performing the services described herein. Service shall include cleaning operations to remove rock and debris within a confined space utilizing a radio remote control, confined space track loader. The drainage structure being a 36” X

250’ long concrete pipe with drop inlet structures attached on each side of Route 83, as well as a drop inlet in the drainage easement approximately 100’ adjacent to Route 83. The access point for the culvert is not a manhole. The equipment shall be a radio remote-controlled confined space track loader maximum measurement 34” high x 34” wide , with the capability to fit into this 36” x 48” elliptical drainpipe and adequately remove built up, densely packed sediment, rock and debris from the confined space. A VAC truck is not suitable for this service.

Work will be performed in the dry by the use of a remote-controlled, confined-space micro excavator. The area will be dry by VDOT using sandbag cofferdams on the intermittent tributary, and any flow-if present-will be diverted to the nearest drop inlet in the vicinity of the project. Any water that enters the work area will be pumped out by State forces and filtered before discharge. VDOT will load all excavated material into trucks for disposal by State forces.

A portion of the pipe at the lower end will be removed by VDOT prior to contractor beginning pipe cleaning work to allow safe access for excavation and to provide room for loading material into trucks, without encroaching on Big

Prater Creek.

C. BID PRICES: The bid prices shall represent a combined total for the equipment with operator(s), labor, and all associated expenses including, but not limited to: profit; direct and indirect costs; general and administrative costs;

supervision; repair and/or replacement and removal of equipment; transportation of equipment and personnel to and from designated site(s); supplies, safety equipment, the use of cellular phones, and hand-held radios used by the

Contractor to conduct business.

D. SPECIFICATIONS AND STANDARDS: All work shall be performed following the direction given by the

VDOT Contract Administrator, or designee. All work shall be performed to the following standards: the current versions of the Virginia Department of Transportation Road and Bridge Standards Section 107.16 Environmental

Stipulations; Virginia Work Area Protection Manual (VWAPM). The Contractor’s equipment shall meet

Occupational Safety & Health Administration (OSHA) and Virginia Occupational Safety & Health (VOSH) standards. Additionally, the Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations, and conform to all VDOT requirements.

E. CONTRACTOR REQUIREMENTS:

1. PERFORMANCE SPECIFICATIONS:

a. DEBRIS REMOVAL: The Contractor’s equipment and operators shall be capable of completely removing the debris or material from the drainage structures with concrete flooring. Culvert shall be cleaned in such a manner that all material, which is not part of the structure (i.e. sand, dirt, sediment, rocks, trash, road debris, wood, leaves, root balls, tree limbs, etc.) shall be removed in compliance with all applicable local, state, and federal regulations. The Contractor shall not start work until VDOT provides authorization. Contractor shall adhere to the terms of the environmental permit for this work obtained by VDOT.

b. HAZARDOUS OR LARGE OBJECTS: In the event that material is encountered that cannot be removed while performing cleaning operations by remote control, the Contractor shall advise the

VDOT representative immediately.

c. SUSPECTED ACTIVITY: In the event that the Contractor discovers any suspicious activity, or suspected hazardous or foreign material, within the VDOT Right-of-Way while engaged in any active and/or standby operations performed under this contract, the Contractor shall immediately report such discovery to the law enforcement authorities and to the respective VDOT office.

d. CONFINED SPACE ENTRY PROCEDURES: All Confined Space Entry Operations shall be in compliance with the VDOT Safety and Performance Management Division Confined Space Entry

Policy and Procedure, current version.

e. VDOT RESPONSIBILITIES: VDOT will be responsible for the following:

• Erecting, maintaining and removing any Erosion siltation

• Loading and hauling off debris as a result of the cleanout

• Providing all traffic control

• Obtaining all permits

• Providing a plan for control of water

• Providing the environmental protection procedures where needed

f. ENVIRONMENTAL REQUIREMENTS: The Contractor shall comply with all environmental regulations necessary to complete the project. The Contractor shall employ methods of performing work which are environmentally safe and in compliance with all applicable State and Federal

Environmental Protection Agency (EPA) laws and regulations. This contract does not allow the discharge of sewage, industrial waste, other waste, or any noxious or harmful substances into streams. This contract does not allow the physical, chemical, or biological properties of streams to be altered making them detrimental to public health, to animal or aquatic life, to the uses of such waters for domestic or industrial consumption, for recreation, or for other uses. Any environmental permits will be the responsibility of VDOT. A copy of the environmental permit should be on-site at all times and carried by either the on-site VDOT representative or the

Contractor.

g. ENVIRONMENTAL IMPACT: The Contractor shall notify VDOT immediately of any equipment breakdowns, malfunctions or other incidents that adversely affect the environment during performance of this contract. These occurrences may include, but are not limited to, ruptured hoses, leaking or broken fittings, leaking seals, engine failures, or other discharges of petroleum fuels, lubricants, or other chemicals to state lands or waters. VDOT will, at its sole discretion, determine if each reported occurrence has adversely affected the environment and such cases shall be corrected to VDOT's satisfaction at the sole expense of the Contractor.

In the event of a release of a regulated substance to state waters, the Contractor shall promptly notify the appropriate regulatory agencies as required by local, state, or federal regulations. Such notifications shall be made immediately after discovery, and in no case exceed 24 hours after the release.

2. PERSONNEL REQUIREMENTS:

a. CONTRACTOR’S CAPACITY TO PERFORM: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein.

b. EXPERIENCED, QUALIFIED OPERATORS/LABORERS: The Contractor shall provide experienced, properly trained, qualified personnel to perform the requested work.

c. CONTACT PERSON: The Contractor shall assign a contact person, who shall be equipped with a cellular telephone. The contact person shall have the authority to execute this contract, handling general contract performance issues, and meeting with VDOT representatives as needed. The names and cellular phone numbers of contact persons shall be required prior to commencement of work activities (Attachment A). During the performance of the contract, the contact person shall carry a functional cellular phone at all times, which is effective throughout the county covered by the contract.

3. EQUIPMENT REQUIREMENTS:

a. EQUIPMENT: The Contractor shall provide all necessary equipment and tools of the trade to perform pipe and culvert cleaning services. The Contractor shall furnish the necessary means for transporting all required equipment, personnel and materials to all identified locations. The

Contractor shall provide any accessories that are necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies. The

Contractor shall be responsible for having secured all equipment and material on their vehicles when in transit to and returning from the worksite.

b. MAINTAINING EQUIPMENT: The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition. VDOT reserves the right to have any equipment removed from operations due to failure to meet specification, frequent mechanical failures, or failure to meet any safety requirements. Maintenance of the Contractor’s equipment for continuous operation shall consist of, but not be limited to, repairs needed due to malfunction of equipment and re-fueling equipment.

d. FUELED AND READY: The Contractor, at their 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.

e. ADDITIONAL EQUIPMENT: VDOT reserves the right to supply additional equipment from

VDOT sources if deemed necessary.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. 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.

2. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the VDOT Contract Administrator.

3. REVIEW OF WORK SITE: The Contract Administrator, or designee, will review the work site with the

Contractor prior to the start of work. The Contractor shall work any costs for review of the worksite into the bid rate.

4. DELIVERY, PARKING, AND STORAGE: The Contractor shall not deliver nor store equipment within the VDOT Right-of-Way or on VDOT property without first obtaining permission from the Contract

Administrator. However, if the Contract Administrator approves the parking and storage arrangements, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at the site.

5. CONTRACTOR’S PERSONNEL: At all times, the Contractor’s and subcontractor’s personnel shall communicate with the traveling public, landowners, and citizens in a courteous and respectful manner. The

Contractor’s personnel must refer all questions concerning work planned, performed, or promised to the

VDOT Contract Administrator.

6. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all the

Contractor’s and subcontractor’s personnel while at the work site.

7. BEHAVIOR: Behavior displayed by the Contractor’s and subcontractor’s employees, such as catcalling, whistling, leering, and other similar gestures, will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents will be grounds for termination of the contract at the discretion of VDOT.

8. SUPERVISION: It shall be the Contractor’s responsibility to completely supervise and direct the work of their employees as well as all subcontractors that may be utilized, using their best skill and attention.

Subcontractors who perform work under this contract shall be responsible to the Prime Contractor.

G. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES, AND REGULATIONS: The Contactor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards and VDOT safety rules and regulations 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 that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions #16 for Safety and Health Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contactor 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 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. AUTHORITY TO SUSPEND WORK: 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 worker’s 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.

4. SAFETY EQUIPMENT: The Contractor shall also provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment, shall include, but is not limited to, safety hats, garments, steel toe shoes, gloves, and glasses. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety garment shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

5. FIRST AID KITS: The Contractor shall ensure that a First Aid Kit is on each job site at all times. The first aid kits shall contain at least the minimum number and types of supplies as required by the OSHA and

VOSH Standards.

H. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: The Contractor’s official notification of the work required is the Purchase Order, Work shall be completed within 10 days of receipt of purchase order, weather permitting.

2. CONTINUOUS OPERATION REQUIRMENT: The Contractor shall provide a continuous operation once they commence work. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract in accordance with General Terms & Conditions, Default, Paragraph P.

3. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default in accordance with General Terms & Conditions, Default, Paragraph P. A Procurement Complaint Form may be issued against the Contractor.

I. AUTHORIZED WORK HOURS:

1. SCHEDULES: Normally, work performed under this contract shall be performed during the daylight hours of 7:00 a.m. to 7:00 p.m., or dusk, whichever occurs first, Monday through Friday. The Contractor may be required to work extended hours (i.e., nights, weekends, and holidays) due to road closures. During these times, the Contractor will be paid at the applicable normal bid rate.

2. HAZARDOUS CONDITIONS: No work shall be performed when the weather or other unforeseen conditions create a safety hazard or adversely affect the effectiveness of the work activities, or at the discretion of VDOT.

3. STATE HOLIDAYS: Work shall not be performed any Virginia state or federal holidays. If holidays occur on a Sunday, the following Monday shall be considered the holiday. Work will not be permitted from

12:00 p.m. (noon) the day before a holiday and will not be permitted again until the day after a holiday.

When a holiday falls on a Monday, work will not be permitted after 12:00 p.m. (noon) the preceding Friday and when a holiday falls on a Friday, work will not be permitted until the following Monday, unless otherwise approved by the Contract Administrator or designee.

J. COMPLIANCE AND VERIFICATION: At the conclusion of the work, the Contractor shall demonstrate to the

VDOT Contract Administrator the work is fully in compliance with the contract and VDOT Specifications. Any deficiencies shall be corrected within 24 hours by the Contractor at their sole expense, prior to the final acceptance of the work. Upon inspection, if work needs to be corrected due to an error on the Contractor’s part, then the work shall be corrected at no cost to VDOT. Any complaint as to quality, faulty or delinquent delivery, or violation of contract provisions may be reported to the VDOT Contract Officer with the use of a Procurement Complaint form.

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

VII. INVOICING:

Invoices shall be submitted upon completion of work 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.

Virginia Department of Transportation

Lebanon Residency

ATTN: Lois Woods

Address 1067 Fincastle Rd.

Lebanon, VA 24266

In lieu of mailing, invoices may be submitted as an attachment via email to lois.woods@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS:

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all 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.

mailto:edi@doa.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

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.

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, 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.

mailto:eVACustomerCare@DGS.Virginia.gov http://www.eva.virginia.gov/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

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

R. Omitted

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

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, https://eva.virginia.gov/ 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…