161238 Specifications, Forms, Attachments.pdf

Administrative Services/Procurement

Richmond District Roadside Development

Hourly Plant Bed Maintenance

IFB #161238

Issue Date: September 23, 2026 INVITATION FOR BIDS IFB# 161238

Title: Hourly Plant Bid Maintenance

Commodity Code(s): 9885250200, 9888988123

Location Where Work Will Be Performed: Richmond District

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Cheryl Lewis

Email: Cheryl.Lewis@vdot.virginia.gov

Phone: (804) 786-5959

NOTE TO BIDDERS

Prebid Conference: An Optional Pre-Bid Conference will be held at 10:00 AM Eastern Daylight Time (EDT) on October 5, 2026.

Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 9:00 AM EDT on October 16, 2026. Refer to Solicitation Section VIII.1 for Instructions to

Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EDT on October 16, 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. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

D. SUBCONTRACTOR APPROVAL REQUEST

E. NORMAL AND EMERGENCY CONTACTS

F. REFERENCES

G. CONTRACTOR LICENSE REQUIREMENTS

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

Invitation For Bids IFB # 161238

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 9

VII. INVOICING 9

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING 9

IX. GENERAL TERMS AND CONDITIONS 10

X. SPECIAL TERMS AND CONDITIONS 18

ATTACHMENTS

A. VA State Corporation Commission

B. Small Business Subcontracting Plan (SBSP)

C. Vendor Qualification / Equipment Inventory Certification

D. Subcontractor Approval Request

E. Normal and Emergency Contacts

F. References

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

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

G. Contractor License Requirements

H. Virginia Code Red Ozone Days

I. Prevailing Wage Rate Determination(s)

REFERENCED TRAININGS

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

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

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide the necessary equipment, personnel, supervision, traffic control and materials to perform general plant bed maintenance, brush/small tree removal, ornamental tree pruning, plant installation, and mulching within the Richmond District within

VDOT’s Right-Of-Way along select routes or sections thereof.

PERIOD OF CONTRACT: From January 1, 2027 through a one (1) year period. (renewable)

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

Plan (SBSP) Attachment 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 Cheryl Lewis at Cheryl.Lewis@VDOT.Virginia.gov.

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

i. Plant bed maintenance brush and small tree removal. Duties shall include, but are not limited to the cutting of brush and small trees at grade, chipping of cut vegetation, the removal of cut vegetation and/or chips with proper disposal and pesticide cut stump treatment.

ii. General plant bed maintenance. Duties shall include, but are not limited to hand weeding, pruning, leaf removal, storm damage cleanup, removal of dead plant material, pesticide spraying, ornamental tree pruning, mulching and litter removal.

iii. Plant installation. Duties shall include, but are not limited to plant bed preparation, plant material transport, plant pit excavation, staking, guying and mulching.

iv. All work will be performed within the counties of Amelia, Brunswick, Charles City, Chesterfield, Dinwiddie, Goochland, Hanover, Henrico, Lunenburg, Mecklenburg, New Kent, Nottoway, Prince George, and

Powhatan and the City of Richmond.

B. GENERAL

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

ii. Unless otherwise directed by VDOT, the Contractor normal work hours shall be Monday through Friday from 7:00 a.m. to 3:30 p.m. during the months of March through November. VDOT reserves the right to vary starting times and number of work hours on any given day. The Contractor will not be required to work on Sundays or observed State holidays.

iii. Unless otherwise directed by VDOT, the Contractor shall report to the VDOT Richmond District Roadside

Development Office promptly at the scheduled starting time each workday and shall arrive each day with all required equipment fueled and in good working condition. The dump bed and/or chip box shall be empty of all vegetative waste at start of each workday.

iv. The crew will receive assignments along with any special instructions and will load that day’s requirement of materials onto the supply vehicle(s). The crew will end the workday at the job site. All required paperwork;

application report and/or timesheet provided by VDOT, shall be completed prior to leaving the job site and shall be ready for submission to the VDOT Contract Administrator the next business day.

v. The Contractor shall be prohibited from working during periods of heavy fog, rain or other adverse weather conditions which create hazardous driving conditions and/or would diminish the effectiveness of the operation. VDOT reserves the right to delay or suspend contracted operations at any time for any reason.

vi. The Contractor shall be responsible for having secured all equipment and materials on their vehicles when in transit during work hours.

vii. The Contractor shall be responsible for the proper disposal of all packaging used in the shipment and storage of materials to include, but not limited to paper bags, plastic bags, plastic wrap and pesticide containers.

Discarded packaging and general refuse shall be handled and disposed of in accordance with all local, State, and Federal laws. State leased refuse containers shall not be utilized by the contractor.

viii. The Contractor shall be responsible for the immediate cleanup of the work site upon completion of the work assignment. This shall include but is not limited to the removal and proper disposal of trash, vegetative waste/ wood chips and dead plant material. Any and all fees incurred in association with the disposal of waste material shall be the responsibility of the contractor.

ix. The Contractor shall be responsible for and at no additional cost to VDOT, the restoration of all adjacent areas disturbed and/or damaged in the performance of work.

x. All work performed under this contract shall be in accordance with the following publications;

a. Virginia Department of Transportation Road and Bridge Specifications, 2020 or latest edition, Section 244, Road and Bridge Specifications | Virginia Department of Transportation.

b. The Virginia Department of Transportation Road and Bridge Standards, 2016 or latest edition, Division VI Section 601-610, Road and Bridge Standards | Virginia Department of Transportation.

c. The Virginia Work Area Protection Manual, dated 2026 or latest version Work Area Protection

Manual and Pocket Guide | Virginia Department of Transportation.

d. The Contractor’s and/or Subcontractor’s equipment shall meet OSHA and VOSH standards.

Additionally, the contractor and or Subcontractor shall remain in compliance with all OSHA and

VOSH personnel, equipment and safety regulations.

https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-specifications/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/road-and-bridge-standards/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/ https://www.vdot.virginia.gov/doing-business/technical-guidance-and-support/technical-guidance-documents/work-area-protection-manual-and-pocket-guide/

C. PESTICIDE LICENSING AND CERTIFICATION

i. The Contractor shall possess and maintain a current Virginia Pesticide Business License issued by the

Virginia Department of Agriculture and Consumer Services (VDACS) as required by the Virginia

Pesticide Control Act (Title 3.1, Chapter 14.1, Section 3.1-249 of the Code of Virginia) and in accordance with rules and regulations set forth by the VDACS Pesticide Control Board (VR 115-04-22 & 23).

ii. The Contractor shall ensure that all personnel designated to open, pour, mix or apply any pesticide and/or adjuvant during the performance of work under this contract shall possess a current Commercial (For Hire)

Pesticide Applicator Certification valid for Category 6 (Right-of-Way Pest Control) issued by the Virginia

Department of Agriculture and Consumer Services (VDACS).

iii. Registered Technicians shall not open, pour, mix or apply any pesticide or adjuvant during the performance of work under this contract.

iv. The Contractor shall provide prior to award, a photocopy of the firm’s Virginia Pesticide Business License along with a photocopy of the Pesticide Applicator Certificate for each Applicator that will perform work under this contract. This documentation shall be provided within two (2) business days of Contract Officer’s request.

D. EQUIPMENT

i. The Contractor shall provide one stake-body truck or comparable vehicle with dump body, with a minimum bed length of 12 feet and a carrying capacity for vegetative waste of at least 10 cubic yards. The truck shall be capable of traveling and maintaining posted speeds. The truck shall be equipped with the following: a wind-resistant truck bed cover; a minimum of one High Intensity Amber Warning Light mounted as to be viewed 360 degrees.

ii. The Contractor shall provide one commercial wood/brush chipper manufactured with the capability of effectively chipping an eight (8) inch diameter log. The chipper shall also include features such as auto feed and have both a vertically and horizontally adjustable (swivel) discharge chute. This piece of equipment shall only be used when requested and/or authorized by the VDOT Contract Administrator. VDOT will give forty-eight (48) hour notice for the requested chipper.

iii. The contractor shall provide, upon advance, written notice from the VDOT Contract Administrator, shadow vehicle with Truck-Mounted Attenuator (TMA). The necessity for this equipment will be limited and scheduled in weekly or multi-week blocks.

iv. The contractor’s business name shall be displayed on both sides of all self-propelled vehicles when used during the performance of work. The name should be legible to passing motorists with normal vision.

v. The contractor shall provide within 24 hours’ notice from VDOT, the following commercial duty power equipment: three gasoline powered string trimmers with optional brush blades; two gasoline powered chain saws with a bar/chain length no less than 16 inches (Stihl MS 261 or equivalent) ; one gasoline powered pole pruner with a bar/chain length no less than 12 inches(Stihl HT 105 or equivalent) with extension(s); one gasoline powered hedge trimmer with a minimum blade length of 20 inches(Stihl HL94 or equivalent); one gasoline powered backpack blower with a minimum average air volume of 600 cfm with tube (Stihl BR600 or equivalent). All power equipment shall be in good working condition with sharp blades at the start of each workday. The contractor shall provide spare chains for each power saw each workday.

vi. The Contractor shall provide within 24 hours’ notice from VDOT, the following commercial duty hand tools:

one backpack sprayer with a three (3) gallon minimum capacity and an adjustable nozzle; one hand sprayer with a half-gallon minimum capacity and nozzle suitable for cut stump treatments; one 60 gallon poly container or larger dedicated to transporting water for sprayers; one hand operated granular spreader, one bypass pole pruner with extension(s) and saw blade attachment; two heavy-duty wheelbarrows with a minimum six (6) cubic foot capacity; two round point shovels; two square point shovels; two garden spades;

two steel grading rakes; three lawn rakes; two scoop forks; one pick/mattock; one sledge hammer; one heavy duty push broom; two professional grade bypass loppers (Felco 21 or equivalent); two professional grade hand bypass pruners (Felco 2 or equivalent); three professional grade pruning saws (Felco 611 or equivalent);

two long handle trash grabbers. All hand tools shall be in good working condition and tools for cutting shall be sharp at the start of each workday.

vii. The Contractor shall provide the necessary means for transporting all required equipment, tools, personnel, traffic control and materials to the various work sites/assignments.

viii. All operating costs for equipment shall include but are not limited to fuel and highway tolls and shall be included in the unit price bid.

E. PERSONNEL

i. The Contractor shall provide a work crew of three (3) individuals to perform work assignments and to operate the required vehicles and equipment between the months of March through November.

ii. The contractor shall provide a work crew of three (3) individuals on an as-needed basis to perform work assignments and to operate the required vehicles and equipment between the months of December through

February. VDOT will provide seven (7) days’ notice prior to requesting.

iii. The crew leader shall possess a general knowledge of horticulture and have practical experience in landscape maintenance. The crew leader shall possess the ability to identify plant material and to demonstrate proper pruning techniques and shall be capable of receiving and following both verbal and written communication with VDOT staff and all crew members.

iv. The Contractor shall provide one cellular telephone capable of talk and text and sending and receiving pictures, to be used throughout the Richmond District area and shall be carried by the crew leader at all times when working under this contract.

v. The contractor shall provide the crew with a cellular phone or a separate device, capable of receiving GPS locations from another phone.

vi. All crew members shall possess the knowledge, skills and abilities to perform work assignments as directed by the crew leader.

vii. Any crew member(s) designated to operate a motor vehicle used in the performance of work under this contract shall possess a valid driver’s license issued by the state in which they reside. The contractor’s equipment shall comply with all applicable licensing and registration requirements in accordance with

Virginia Department of Motor Vehicles rules and regulations.

viii. All work performed under this contract shall be done in a professional manner and in accordance with VDOT specifications and standard industry practices.

ix. All Contractors and/or Subcontractors personnel shall be appropriately dressed for the anticipated weather conditions of the day.

x. The Contractor shall ensure that all personnel are outfitted with the necessary personal protective wear.

xi. Crew members shall have the ability to perform constant heavy manual labor to include standing, bending and frequent lifting up to 50 lbs., ability to work in diverse conditions including exposure to weather, animals and/or insects, outdoors and in all seasons.

xii. Vegetation damaged or removed by the Contractor outside of requested work by VDOT shall be replaced at the Contractor’s sole expense.

F. TRAFFIC CONTROL

i. The Contractor shall provide all Traffic Control. The Contractor shall provide all required traffic control devices to include, but not limited to traffic control signs, sign stands, cones, shadow vehicle with Truck-

Mounted Attenuator (TMA). For the purpose of this contract, trailer mounted attenuators will not be accepted.

ii. The Contractor shall be responsible for the proper installation of all required traffic control devices prior to commencing work at an assigned job site and removal of same at the end of each scheduled workday.

iii. Lane Closure Advisory Management System: The Contractor will be required to comply with VDOT Lane

Closure Advisory & Management System (LCAMS), Lane Aware, or equivalent. Training and data entry will be the responsibility of the Contractor for roadways that require lane closure notifications. Currently, this is only applicable to interstate and limited access primary routes district-wide. VDOT reserves the right to include additional routes as is deemed appropriate. The Contractor shall have a minimum of two (2) individuals trained to input lane closures into the LCAMS system. Training shall be completed within thirty

(30) calendar days of issuance of Notice of Award. Further information regarding training opportunities may be obtained by contacting Timothy Jeffers at (804) 247-5795 timothy.jeffers@vdot.virginia.gov. There will be no separate pay item for the training.

iv. Transportation Operations Centers: The Contractor shall immediately provide notification to the Richmond

Transportation Operations Center at 804-796-4520 for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention. Notification shall also be immediately made to the VDOT Contract Administrator. The Transportation Operations Centers will request the following information from the Contractor: Route, county, location (termini), lane impacted (EBL, SBL, etc.), and cell phone number.

v. The Contractor shall be responsible for directly contacting VDOT Traffic Operation Center (804-796-4520) for the purpose of keeping them informed of lane closure operations; to include notification of the lane closure installation, take down and changes to the location, duration or configuration.

G. MATERIALS-CHEMICALS

i. CONTRACTOR FURNISHED CHEMICALS: The Contractor shall furnish all chemicals needed unless other arrangements are made by VDOT.

ii. PESTICIDES: The Contractor shall supply the following pesticides or their equivalents, as approved by

VDOT Contract Administrator: Roundup Pro (Monsanto Corp.), Pathfinder II (Dow AgroSciences), Pendulum 3.3 EC (BASF Corp), Snapshot 2.5TG (Dow AgroSciences), Ornamec 170 (Gordon’s), Basagran

T/O (BASF Corp).

iii. CHEMICALS INVOICED AT COST: Chemicals shall be invoiced at contractor’s cost. The Contractor shall include an itemized list and their cost on the invoice. The Contractor shall also submit supplier invoices to confirm these prices. All materials and supplies except contractor furnished shall come from a business that is in business to sell supplies and materials either wholesale or retail and not in the business of supplying service. If the Contractor furnishes materials from their shop, they shall be billed at list cost on the

Contractor’s invoice at the end of the project, and listed as “Stock Supplies” and itemized. Stock Supplies process shall be limited and the VDOT Contract Administrator can stop this process at any time and has the right to refuse any material. Contractor-supplied material shall be listed on the estimate provided by the

Contractor. No percentage of mark-up in price will be permitted as per the Code of Virginia 2.2-433.

iv. NO CHANGING OF SUPPLIES WITHOUT APPROVAL: No supplies or materials shall be reduced or changed unless approved by the VDOT Contract Administrator.

v. VDOT reserves the right to supply any other pesticide that may be deemed necessary.

vi. Pesticides shall be properly stored as per Virginia Department of Agriculture and Consumer Services

(VDACS) and used directly from their original containers and fully labeled as provided by the manufacturer.

vii. When work performed under this contract requires the application of pesticide(s), the Contractor shall have a copy of all applicable labels and Safety Data Sheets (SDS) available within the work zone.

H. STORAGE OF MATERIALS/EQUIPMENT

i. The Contractor will be permitted to park vehicles and equipment overnight, which are regularly used to carry out work under this contract, on weekends and on observed State holidays, within the fenced parking area adjacent to the Roadside Development Office.

ii. VDOT will not be liable for any missing, stolen or damaged equipment and/or materials at the permitted parking area(s).

iii. The Contractor shall be responsible for any physical damage, material spills or leaks in the assigned parking area. All vehicles are required to be in good operational condition, and the assigned parking area shall remain free of any trash, oils, grease, fuels or material spillage.

iv. Any exterior containers shall be stored properly, secured and isolated from contact with storm water.

V. OPTIONAL PRE-BID CONFERENCE:

An optional virtual pre-bid conference will be hosted by the Contract Officer at 10:00 AM EST on October 5, 2026. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

The conference will begin promptly at the time indicated. At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/271326317784140?p=ciSPTWpWxJCILGBWOO

Meeting ID: 271 326 317 784 140

Passcode: WB9hS35j

Need help? | System reference

Dial in by phone

+1 434-230-0065,,2470226# United States, South Hill

Find a local number

Phone conference ID: 247 022 6#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 118 448 004 1 https://teams.microsoft.com/meet/271326317784140?p=ciSPTWpWxJCILGBWOO https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3MWM3NjQtNzYyMS00ODAyLTg5YzUtMWI5MjZiOTk2YjQw%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ccefe87b-f31b-4e66-b993-18dc38a93dd4%22%7d tel:+14342300065,,2470226 https://dialin.teams.cloud.microsoft/69fbdf03-a314-4206-b210-d4d007632545?id=2470226

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

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

1. Payment for all specified equipment, tools, personnel, necessary operating costs, etc., will be paid at the unit price bid per the pricing schedule. Operating costs shall include, but are not limited to fuel, highway tolls, and telephone calls. The hourly rate shall not change for work performed on a Saturday or for hours worked over and above a 40-hour work week.

2. Payment of the hourly rate shall commence when the crew arrives at the Richmond District Roadside Development

Office to begin work as directed or upon arrival at the job site as directed. No payment shall be made for charges of labor or equipment after the crews are released for the day by the VDOT Contract Administrator.

3. No payment will be made for landfill tipping fees and other costs associated with the disposal of waste materials. The

Contractor shall include this expense in the unit price bid.

4. No payment will be made for charges of equipment and labor during work stoppages in excess of thirty (30) minutes which are due to equipment mechanical failures, adverse weather conditions, or for any other reason beyond the control of VDOT. No payment will be made for the daily lunch period.

VII. INVOICING:

Invoices shall be submitted bi-monthly. The 1st through the 15th and the 16th through the last day of each month worked, 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

Roadside Development

2430 Pine Forest Drive

Colonial Heights, VA 23234

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

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

1. BID SUBMISSION – INSTRUCTIONS:

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

mailto:edi@doa.virginia.gov mailto:Andy.Mason@vdot.virginia.gov https://eva.virginia.gov/index.html

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

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

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

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

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

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

2. PUBLIC BID OPENING:

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

A virtual public bid opening will be hosted by a VDOT representative at 10:00 AM EST on October 16, 2026.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/21952128311548?p=Le80PYIZqrrJn46Er1

Meeting ID: 219 521 283 115 48

Passcode: ki7wN2Bd

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Dial in by phone

+1 434-230-0065,,302151439# United States, South Hill

Find a local number

Phone conference ID: 302 151 439#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 116 728 850 7

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual 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/21952128311548?p=Le80PYIZqrrJn46Er1 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGIwNDY1MTgtZmY4Yi00MGY0LWJjZDEtOGRhODAxZDk1MzE0%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ccefe87b-f31b-4e66-b993-18dc38a93dd4%22%7d tel:+14342300065,,302151439 https://dialin.teams.cloud.microsoft/69fbdf03-a314-4206-b210-d4d007632545?id=302151439 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:

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

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

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

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

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

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

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

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

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

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

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

Conditions shall apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.