702-25-10, Landscaping & Snow Removal services.pdf

IFB #702-25-10, Landscaping and Snow Removal Services PIM #98-042 1 of 27 Rev Sept 2023

Rick L. Mitchell Commissioner

COMMONWEALTH OF VIRGINIA

DEPARTMENT FOR THE BLIND

AND VISION IMPAIRED

397 AZALEA AVENUE

RICHMOND, VIRGINIA 23227

INVITATION FOR BIDS

SET ASIDE FOR SMALL BUSINESS

Solicitation Number: 702-25-10

Issue Date: February 4, 2025

Title: Landscaping and Snow Removal Services

Commodity Code: 98836 – Grounds Maintenance 96872 – Snow and Ice Removal Services 98888 – Tree Trimming and Pruning Services

Issuing Agency: Commonwealth of Virginia Department for the Blind & Vision Impaired 397 Azalea Avenue Richmond, Virginia 23227

Using Agency: Department for the Blind and Vision Impaired Facility Services Department

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for landscape maintenance and snow/ice removal services.

The contract period will be from April 1, 2025 through March 31, 2026 and may be renewable in accordance with section V, paragraph E of the Special Terms and Conditions.

Sealed bids will be received until March 4, 2025, 1:00 PM (EST) for furnishing the goods/services described herein and then will be opened in public.

Bidders must be registered in eVA in order to submit and upload an electronic bid within eVA. The following are instructions for submitting an electronic bid within eVA:

1. Go to eVA.virginia.gov;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and

4. Click on Viewing and Responding to Solicitations. If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time.

All inquiries for information should be submitted in writing via email only to Cassandra Jackson at cassandra.jackson@dbvi.virginia.gov. All inquiries must me received on or before February 18, 2025, no later than

1:00 PM (EST)

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

PIM #98-042 2 of 27 Rev Sept 2023

The attached Bid Form shall be used for submitting bids. The Bid Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.

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, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Cassandra C. Jackson, VCO, VCCO Senior Procurement Contracting Officer

PIM #98-042 3 of 27 Rev Sept 2023

TABLE OF CONTENTS

I. PURPOSE PAGE 4

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGE 4

III. PREBID CONFERENCE PAGE 8

IV. GENERAL TERMS AND CONDITIONS PAGE 8

V. SPECIAL TERMS AND CONDITIONS PAGE 16

VI. METHOD OF PAYMENT PAGE 20

VII. CONTRACT ADMINISTRATION PAGE 21

VIII. ATTACHMENTS PAGE 22

PIM #98-042 4 of 27 Rev Sept 2023

I. PURPOSE: The purpose of this Invitation for Bid (IFB) is to solicit sealed bids to establish a term contract, with one contractor, to provide landscaping and snow removal services for the Department for the Blind and Vision Impaired (DBVI) Azalea Campus on an as needed basis at the following locations:

Azalea Campus locations 387 Azalea Avenue, Richmond, VA 23227 389 Azalea Avenue, Richmond, VA 23227 391 Azalea Avenue, Richmond, VA 23227 393 Azalea Avenue, Richmond, VA 23227 395 Azalea Avenue, Richmond, VA 23227 397 Azalea Avenue, Richmond, VA 23227 399 Azalea Avenue, Richmond, VA 23227 401 Azalea Avenue, Richmond, VA 23227

DBVI reserves the right to add additional locations.

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)

A. Landscaping/Grounds Maintenance:

The Contractor shall:

1. Furnish all labor, materials, supplies, supervision, and equipment to provide landscaping/grounds maintenance, and snow removal services performed in accordance with all OSHA, Federal, State and local regulations and contract requirements for the DBVI facility/locations.

2. Mowing should be provided on an “On-Call” basis during the months of April through November

(Mowing Season) by the DBVI Contract Administrator (CA.) Contractor shall not perform services unless requested by DBVI. Contractor and Contract Administrator shall discuss the Basic Landscaping/Grounds Maintenance service prior to each “On-Call” service to ensure requirements are met (see paragraph # 5 for details). Additional Services specified in paragraph # 6, such as extra leaf collection/disposal and new mulch etc., shall be performed “On-Call” and as specified herein. The work hours and schedule shall be determined and agreed upon between the Contractor and the DBVI Contract Administrator.

3. Work Hours: Facility will be available during the hours of (6:00 AM to 6:00 PM / Sunday through

Saturday) to perform the work unless otherwise changed by mutual agreement between DBVI Contract Administrator and the Contractor after contract award, including State Holidays.

State Holidays and Closings: Official State holidays as well as emergency closings for the Richmond Metro area resulting from inclement weather may be found at the Commonwealth’s website:

https://www.dhrm.virginia.gov/

4. Level of Service: The Contractor shall provide a level of ‘adequate’ service that is equal to Industry

Standards for the service provided. Adequate service is defined as Landscaping Services/Grounds Maintenance that will provide neither serious nor repeated criticism.

5. Basic Landscaping/Grounds Maintenance Service: The following tasks (5.a – 5.d) shall be completed, at a minimum, at the request of the designated Contract Administrator.

Administration for each location

a. Mowing and Edging

(i) All debris/trash shall be picked up before each mowing and disposed of off- site.

https://www.dhrm.virginia.gov/

PIM #98-042 5 of 27 Rev Sept 2023

(ii) All debris/trash shall be picked up before each mowing and disposed of off- site. Turf areas shall be mowed with a rotary mower at a height of approx. 2-1/2” to 3-1/2”. A high-quality cut shall be provided by mowers with sharp cutting edges/blades. Mowing shall be accomplished in such a manner as not to damage any property, trees, or shrubs/plantings.

(iii) Grass clippings may be evenly distributed or scattered and recycled on site to permit the return of nutrients to the soil. Excessive clippings shall be removed from the site.

(iv) Trimming around trees, shrubs and other obstacles shall be performed every mowing event.

(v) All accessible sidewalks, curbs and parking lots/areas shall be mechanically edged approximately every other mowing event or sooner if needed or requested by CA.

(vi) Clippings, dirt and debris shall be removed from all sidewalks, patios and other hard surfaces after each mowing event or as requested by CA.

b. Mulching/Bed Preparation

(i) Maintain previously mulched ornamental beds to present a neat appearance and to maintain the health of the plantings throughout the mowing season, Contractor shall maintain by removal of non-cultivated plants, removal of leaves and debris as needed.

(ii) Neatly edge beds and tree saucers and remove debris, non-cultivated plants and/or excessive mulch from the previously mulched areas, before any new mulch is applied.

c. Pruning:

The Contractor shall prune all ornamental shrubs and trees to existing forms during the growing season. In all cases, maintain at least 6” clearance between any growth and facility walls, railings, and walks. Remove all dead wood. Ground cover plantings, perennials and bulbs shall be cut back as appropriate for species.

d. Leaf Collection:

Remove leaves from turf, mulched beds, facility rain gutters (if present) and hard surfaces as needed throughout the mowing season.

6. ADDITIONAL SERVICES:

Additional lawn care/grounds maintenance services not included with the Basic Landscaping/Grounds Maintenance Service fee may be requested by the Contract Administrator; for such request, the Contract Administrator shall provide a written Scope of Work, and the Contractor shall submit an estimate based upon a time and material basis to include the Contract Hourly Rate and material invoiced cost. If the submitted estimate is approved and the Purchasing Agency seeks to proceed with the work, the Purchasing Agency shall issue a Purchase Order for the Additional Services. Quotes shall include the following: DBVI reserves the right to solicit prices for Additional Services from other sources.

Additional Services may include but are not limited to:

• Additional/replacement plantings.

• Broken tree limbs removal

• Excessive leaf (fall foliage after mowing season) removal

• Much removal/addition o Only use double – shredded hardwood much (natural color), or as agreed upon with the contract administrator, and shall maintain a total depth of 2 to 3 inches

• Removal Fence line vegetation removal

• Tree/bush removal

• Stump grinding

PIM #98-042 6 of 27 Rev Sept 2023

• Single retention pond at building 395 and two (2) retention ponds at 387 building, clear vegetation and saplings from in an around pond to expose storm water entrance and leach lines.

• Clear perimeter approximately 20’ to fence or woods property line.

• Remove Debris from roof and clean roof drains and gutters to maintain proper runoff of storm water.

B. SNOW AND ICE REMOVAL:

The Contractor shall:

1. Without advance approval from DBVI, the Contractor shall immediately proceed with snow removal upon snowfall ceasing and at least three (3) inches of snow accumulation, or if a DBVI Facility Service Director or designee requests snow removal before three (3) inches of snow has accumulated. Timing of the clearing shall be coordinated for employees to arrive at the location by 8:00 AM (EST) and leave as needed.

2. Contractor must be available and respond immediately upon notification from the DBVI designee and Contractor must respond to requests to perform snow/ice removal within two (2) hours of contact.

a. Parking lot grates and gutter drains shall not be blocked by piles of snow to allow for water to drain from the site when the snow or ice is melting.

3. The DBVI designee may, at any time, notify the Contractor that snow and/or ice removal services are or not required. The DBVI designee will attempt to provide a minimum of two (2) hours’ notice. No additional fees shall be charged.

4. Reasonable attempts should be made to provide complete service in as few pushes as necessary (e.g.

wait until snow ceases falling to provide services, unless the DBVI location will be opening before the snow ceases and/or the DBVI Facility Service Director or his designee has requested services.)

5. Hourly rate will commence at the time the operator begins snow and/or ice removal (e.g. truck plowing) on DBVI premises. All accumulated hourly rates will be based on actual time worked, including night and weekend hours, and billed in 15-minute increments. Snow and ice removal services are required solely on an as-needed basis. No payment will be made if services are not required.

6. Contractor must use plows of sufficient size and have commercial quality salt/sand spreading equipment to remove snow and ice from the locations lot. Manual broadcast spreading with a shovel from the bed of a pickup truck may not provide sufficient coverage to lot. Use discretion as needed.

7. Ice melt application is expected following snow removal services and shall be billed for actual amounts used. Only chemicals which have been approved for use by the Environmental Protection Agency and DBVI shall be used. Gravel and/or gravel dust shall not be used. Ice melt shall be of sodium, magnesium, and calcium chloride, or as approved by the Contract Officer, depending upon conditions.

Comparable traction/ice melt mixtures can be used if approved by the Contract Officer. Truck speed and spreader flow must be regulated to ensure that the application is heavy enough to ensure safe conditions.

8. Clearing of snow and ice must be done in a quality manner which allows for safe passage and does not promote the build-up of ice. Snow must not be piled up or blown onto or in front of neighboring properties, public streets, garage doors, loading docks, utility units, fire hydrants, walkways, or other entrance or egress points. Banking of snow, when necessary, shall be limited in height so as to not restrict visibility. If it becomes necessary, snow must be transported to an approved location.

9. Prior to or upon arrival at each location and before commencement of clearing, Contractor will notify the DBVI designee to allow staff to move vehicles so that a complete clearing of the driveways and parking areas can be completed. Contractor must notify the DBVI designee before leaving the premises

PIM #98-042 7 of 27 Rev Sept 2023 if vehicles are not moved and clearing is compromised. Proper care and diligence shall be exercised in the performance of service at all times, especially so in the presence of employees and/or vehicles.

10. When removing snow (shoveling/plowing), Contractor is to ensure adequate room for wheelchair maneuverability to walkways.

11. Hand shovels and/or snow blowers ONLY (no motorized equipment) shall be used to remove snow and ice from sidewalks and entranceways, unless prior approval has been provided by the DBVI designee.

12. In the even the Contractor does not provide acceptable services within the time specified, DBVI reserves the right to obtain another vendor to begin snow/ice removal and/or ice melt application immediately.

13. Only qualified operations and proper equipment will be used along with special efforts to prevent abuse and damage to surfaces of paved roads, walks, curbs, barriers, traffic control devices, landscape effects, or grass areas. The Contractor shall be responsible for the repair of all damage to property, landscape, walkways, or any structures of DBVI or neighboring properties caused by the contractor’s employees or equipment.

14. Contractor is to adhere to local/state noise control ordinance laws.

15. As applicable, all equipment must be OSHA certified and/or meet all OSHA requirements.

C. CONTRACTOR REQUIREMENTS:

1. Supervision: Using the best skill and attention, the contractor shall be responsible for all supervision and direct the work of its employees as well as any subcontractor used to perform work under the resulting contract. Subcontractors shall be responsible to the Prime Contractor.

2. Employ enough experienced personnel to adequately perform all of the specified services at the frequency and at the standard specified herein.

3. Conduct of Contractor Personnel: The contractor is responsible for the conduct of all personnel while at DBVI facilities. The conduct of all Contractor and Subcontractor personnel shall always be professional and workers appearing to be under the influence of alcohol or drugs shall not be permitted on DBVI property. DBVI reserves the right to reject any of the contractor’s employees who, in DBVI’s judgment, are not adequately qualified and/or are unable to competently perform the work. No loud or boisterous conduct will be permitted.

4. Use of DBVI Premises: The contractor shall perform their work in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises. The contractor shall become familiar with and adhere to all facility safety and security procedures.

5. Disposal: The contractor is responsible for disposal of all refuse, scrap, trash including but not limited to packaging, parts, belts, hoses, fluids, etc. No such material shall be left at the repair location but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. Disposal of any hazardous material shall be done in accordance with regulations. If approved by the Contract Administrator, disposal can be made in a facility dumpster.

Otherwise, all disposal costs are the responsibility of the contractor.

6. When service is needed the Contract Administrator will inform the contractor of the type of service required. The Contract Administrator and the contractor shall discuss and agree upon the service level required for each work assignment.

PIM #98-042 8 of 27 Rev Sept 2023

7. Material Safety Data Sheets must be provided to DBVI for all chemicals used, upon request.

Contractor’s employees will apply all chemicals in accordance with the manufacturer's labeled instructions.

8. During business hours, contractor will sign in/out at the Maintenance and Operations building. After business hours, contractor will sign in/out with Security team.

III. PREBID CONFERENCE:

A. MANDATORY PREBID CONFERENCE AND SITE VISIT: A mandatory prebid conference and site visit will be held at 9:00 AM EST on February 20, 2025 at the Department for the Blind and Vision Impaired HQ, located at 397 Azalea Avenue, Richmond, VA 23227. 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.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid.

Bids will only be accepted from those bidders who are represented at this prebid conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted after 9:05 a.m. EST.

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

IV. 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/proposals), (bidders/offerors) certify to the

Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2- 4343.1E).

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

https://eva.virginia.gov/index.html

PIM #98-042 9 of 27 Rev Sept 2023

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), 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.

PIM #98-042 10 of 27 Rev Sept 2023

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: 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/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) 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).

PIM #98-042 11 of 27 Rev Sept 2023

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/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) 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/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) 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.

PIM #98-042 12 of 27 Rev Sept 2023

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. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

PIM #98-042 13 of 27 Rev Sept 2023

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror 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 or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages 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.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

PIM #98-042 14 of 27 Rev Sept 2023

Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) $2,400,000 per occurrence, $4,250,000 aggregate https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

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, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror 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:

Internet electronic procurement solution, web site portal 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 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ https://eva.virginia.gov/index.html

PIM #98-042 15 of 27 Rev Sept 2023

Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal 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 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 of the funds available or which may hereafter become available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro business or small businesses this include DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors 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/proposals.

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf

PIM #98-042 16 of 27 Rev Sept 2023 subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations.