8 projects VAHIP SWVA_IFB.docx

INVITATION FOR BIDS

(IFB)

Issue Date: 12/18/2024 IFB# 83945 Title: Habitat and Infrastructure Projects on VPAHIP Land in South West Virginia 8 Projects

Commodity Code: 95897, 95885, 96273

Period Of Contract: From date of signature Through April 30, 2025

Sealed Bids Will Be Received Until: January 13, 2025, 4:00 p.m.

Public Bid Opening Will Be Held: January 13, 2025, a 4:15 P.M at DWR headquarters located at 7870 Villa Park Drive, #400 Henrico, VA 23228

For Furnishing The Goods/Services Described Herein And Then Opened In Public.

All Inquiries For Information Should Be Directed To: J. Tyler Turpin via email at: justin.turpin@dwr.virginia.gov

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

* Virginia Contractor License No. __________________ * DSBSD-certified Small Business No. ________________ Class: __________ Specialty Codes: _______________

Name And Address Of Firm:

* PREBID CONFERENCE: A optional prebid conference will be held in Microsoft Teams on December 30, 2024 at 10:00 AM Eastern (Reference: Section III herein).

All questions are due to the Contracting Officer J. Tyler Turpin email justin.turpin@dwr.virginia.gov by 2:00 pm January 2 , 2025. No phone calls will be accepted.

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.

TABLE OF CONTENTS FOR IFB #83399

PAGE

I. PURPOSE 3

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) 3

III. PREBID CONFERENCE 7

IV. GENERAL TERMS AND CONDITIONS 7

V. SPECIAL TERMS AND CONDITIONS 16

VI. DWR SPECIFIC TERMS AND CONDITIONS 21

VII. FEDERAL TERMS AND CONDITIONS 22

VIII. PRICING SCHEDULE 25

IX. ATTACHMENTS 25

I. Purpose The purpose of this solicitation is to establish a contract for Habitat and Infrastructure Projects on private lands managed by the Department of Wildlife Resources through the Voluntary Public Access and Habitat Incentive Program (VPAHIP) in Southwest Virginia. These projects are located in Buchanan County, Virginia and Dickenson County near the town of Grundy.

The VPAHIP is a grant through the Farm Bill and Natural Resource Conservation Service that provides incentives to landowners who allow the public to access their land for wildlife-related recreation. The VPAHIP also provides funding to enhance wildlife habitat and improve public access. DWR entered into management agreements with these landowners. These projects are designed to improve public access and enhance available wildlife habitat.

II. Scope of Work Awards will be made on a per line-item basis. A bidder can choose as few as 1 project to all 8 to submit bids.

Project 1: Road Daylighting Project Between Bull Creek Road (609) and Meadow Gap Start Date: January 27, 2025 Completion Date: March 31, 2025 Description: This 1.6 mile section of gravel road needs some grading and brush/fallen tree removal from the roadsides. Approximately 100 feet at the entrance of the service road from Route 609 Bull Creek Road needs grading. Other eroded or potholed sections should also be graded. Autumn olives and other small saplings are to be removed from the roadsides by cutting or grubbing. Debris must be placed on the downhill slope below the road. Any fallen trees within 15 feet of the center line of the road are to be removed and placed on the downhill slope below the road. No reseeded is anticipated in the daylighted road section. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact start and stop locations for road daylighting. Contractor is responsible for contacting 811 prior to digging.

Project 2: Two Gates and a Gravel Parking Area near intersection of US 460E and Route 609 Start Date: January 27, 2025 Completion Date: March 31, 2025 Description: Two gates are needed at the locations marked on the accompanying map. These gates must be fabricated in place due to the prominent presence of shallow bedrock. Gates are to be constructed of minimum 1/8-inch wall thickness pipe. Minimum of two-inch pipe is required for the gate frame and cross bars. Minimum of four-inch pipe is required for posts. Gates must prevent access by ATVs and UTVs (multiple crossbars). The swinging section of the gate will typically be 16 feet. This is an approximate dimension. Crossbars will be at approximately 1 foot and 4 feet above ground level. Gate should match the design provided, or an alternate design may be submitted for approval in writing in advance by the DWR Lands and Access Manager. Gates must be designed to accept two padlocks. A flat bar or pin with two openings to accommodate padlocks is acceptable. Gates must be painted bright safety yellow when complete. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact locations of the gates. Contractor is responsible for contacting 811 prior to digging.

Parking area is to be approximately 50 feet by 50 feet in area. Can be adjusted to fit the site if the overall area is the same. For example, the parking area can be 25 feet by 100 feet. Crusher run (size 26) gravel must be applied and graded to create the parking area. A minimum of four inches of gravel must be applied. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact locations of the parking area.

Project 3: Road daylighting and wildlife habitat clearings on Bull Mountain Start Date: February 1, 2025 for Road work and clearing, March 1, 2025 for planting.

Completion Date: March 31, 2025 for Road work/clearing, April 30, 2025 for planting.

Description: This 1.0 mile section of dirt road needs some grading and brush/fallen tree removal from the roadsides. Autumn olives and other small saplings are to be removed from the roadsides by cutting or grubbing. Any brush or fallen trees within 15 feet of the center line of the road are to be removed and placed on the downhill slope below the road. Any wet areas or mud holes within the roadway must be ditched and drained to the extent possible. No reseeding is anticipated in this road daylighting section. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact start and stop locations for road daylighting. Contractor is responsible for contacting 811 prior to digging.

The purpose of this project is to improve early successional wildlife habitat within the treatment areas. Specific objectives include managing autumn olive by using heavy equipment to remove the shrubs and hydroseeding a native seed mix onto the cleared areas.

Treatment areas boundaries are delineated on the map and by pink flagging on each site. The four treatment areas encompass approximately 13 acres in Buchanan County.

Wildlife Habitat Treatment Specifications

1. Contractor is responsible for contacting 811 prior to digging.

1. Contractor shall provide all necessary labor, equipment and materials unless otherwise noted below.

1. Vegetation removal shall occur between February1 and March 31, 2025.

1. Remove all autumn olive and existing vegetation with a dozer and/or excavator. Remove as much of individual autumn olive shrubs as possible, including the root system. Other vegetation may be scraped off the surface. Salvage/retain as much of the topsoil as possible.

1. Pile extracted autumn olive shrubs throughout the treatment areas.

1. Pile large rocks at the outer edge of the treatment boundary.

1. Reshape/ grade the ground to the existing contour to the extent possible.

1. Use dozer tracks to firm or “walk in” the entire treatment area to prepare for hydroseeding.

1. Hydroseeding shall occur between March 1,2025 and April 30, 2025.

1. Hydroseed the treatment area at a rate of 1,500 gallons of slurry mix per acre.

1. DWR will provide the seed to the contractor.

1. DWR can provide a source of water in Vansant, VA, 20 miles from the site.

1. The contractor shall provide ten 50-pound bags of mulch per load.

Project 4: Road Daylighting and One Gate on Bee Tree Branch Route 610 Conaway Road Start Date: January 27, 2025 Completion Date: March 31, 2025 Description: This 0.3 mile section of gravel road needs “daylighting”. From the entrance at Route 610 Conaway Road the heavy growth of autumn olives and other small saplings are to be removed from both roadsides by mulching or grubbing. Debris must be placed on the downhill slope below the road. No reseeding is anticipated in this road daylighting section.

One gate is needed at the location marked on the map. This gate must be fabricated in place due to the prominent presence of shallow bedrock. Gate is to be constructed of minimum 1/8-inch wall thickness pipe. Minimum of two-inch pipe is required for the gate frame and cross bars. Minimum of four-inch pipe is required for posts. Gates must prevent access by ATVs and UTVs (multiple crossbars). The swinging section of the gate will typically be 16 feet. This is an approximate dimension. Crossbars will be at approximately 1 foot and 4 feet above ground level. Gate should match the design provided, or an alternative design may be submitted for approval in writing in advance by the DWR Lands and Access Manager. Gates must be designed to accept two padlocks. A flat bar or pin with two openings to accommodate padlocks is acceptable. Gates must be painted bright safety yellow when complete. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact locations of the gate. Contractor is responsible for contacting 811 prior to digging.

Project 5: One Gate at location off Route 80 marked as project 5 on the map Start Date: January 27, 2025 Completion Date: March 31, 2025 Description: One gate is needed at the location marked on the map. This gate must be fabricated in place due to the prominent presence of shallow bedrock. Gate is to be constructed of minimum 1/8-inch wall thickness pipe. Minimum of two-inch pipe is required for the gate frame and cross bars. Minimum of four-inch pipe is required for posts. Gates must prevent access by ATVs and UTVs (multiple crossbars). The swinging section of the gate will typically be 16 feet. This is an approximate dimension. Crossbars will be at approximately 1 foot and 4 feet above ground level. Gate should match the design provided, or an alternative design may be submitted for approval in writing in advance by the DWR Lands and Access Manager. Gates must be designed to accept two padlocks. A flat bar or pin with two openings to accommodate padlocks is acceptable. Gates must be painted bright safety yellow when complete. Contractor will need to meet with DWR representative coordinate prior to commencing work to establish exact locations of the gate. Contractor is responsible for contacting 811 prior to digging.

Project 6 : Install informational kiosks at 10 locations Start Date: January 27, 2025 Completion Date: March 31, 2025 Description: Information kiosks are to be installed at all locations on the map marked as parking areas (blue box with “P”) and at the paddling access on the Russell Fork River marked with the number “6”. The kiosks are already constructed in two parts for easier transport and will be stored at one location in Buchanan County for pickup. Two post holes (for 4x4 treated posts) will need to be excavated 15 to 18 inches deep. At least 40 pounds of 4000 PSI Quickcrete, or equivalent, must be added to each hole after the posts are inserted. Dry tamping of concrete mix around the posts in the holes is acceptable. Excavated dirt and small rocks must be tamped back around each post. When complete the kiosk base must be level and each post must be plumb. Finally, the roof assembly must be securely attached to the kiosk base. This will require installation with lag bolts and deck screws. Contractor will need to meet with DWR representative prior to commencing work to learn the location the stored kiosks and identify the exact locations for the installation of kiosks. Contractor is responsible for contacting 811 prior to digging.

Project 7: Road repairs and wildlife habitat clearings on Jess Fork Road Start Date: February 1, 2025 for Road work and clearing, March 1, 2025 for planting.

Completion Date: March 31, 2025 for Road work/clearing, April 30, 2025 for planting.

Description: There are two sections of gravel road (marked with an X on the project map) that may need grading and application of gravel in order to reach the site with equipment needed to develop the wildlife clearing.

The purpose of this project is to improve early successional wildlife habitat within the treatment areas. Specific objectives include managing autumn olive by using heavy equipment to remove the shrubs and hydroseeding a native seed mix onto the cleared areas.

Treatment areas boundaries are delineated on the map and by pink flagging at the site. The treatment area covers approximately 9 acres in Buchanan County.

Wildlife Habitat Treatment Specifications

1. Contractor is responsible for contacting 811 prior to digging.

2. Contractor shall provide all necessary labor, equipment and materials unless otherwise noted below.

3. Vegetation removal shall occur between February 1 and March 31, 2025.

4. Remove all autumn olive and existing vegetation with a dozer and/or excavator. Remove as much of individual autumn olive shrubs as possible, including the root system. Other vegetation may be scraped off the surface. Salvage/retain as much of the topsoil as possible.

5. Pile extracted autumn olive shrubs throughout the treatment areas.

6. Pile large rocks at the outer edge of the treatment boundary.

7. Reshape/ grade the ground to the existing contour to the extent possible.

8. Use dozer tracks to firm or “walk in” the entire treatment area to prepare for hydroseeding.

9. Hydroseeding shall occur between March 1,2025 and April 30, 2025.

10. Hydroseed the treatment area at a rate of 1,500 gallons of slurry mix per acre.

11. DWR will provide the seed to the contractor.

12. Contractor can obtain water from a pond adjacent to the cleared area. Trash pump and hoses will be needed.

13. The contractor shall provide ten 50-pound bags of mulch per load.

Project 8: Road daylighting and wildlife habitat clearings in Dickenson County Start Date: February 1, 2025 for clearing, March 1, 2025 for planting.

Completion Date: March 31, 2025 for Road work/clearing, April 30, 2025 for planting.

Description: There is a short section of road between these two clearings that will need to be daylighted. All autumn olives and other shrubs must be removed within 15 feet of the center line. The old road bed is visible and the route to be cleared is marked by pink flagging. No reseeding is anticipated in this road daylighting area.

The purpose of this project is to improve early successional wildlife habitat within the treatment areas. Specific objectives include managing autumn olive by using heavy equipment to remove the shrubs and hydroseeding a native seed mix onto the cleared areas.

Treatment areas boundaries are delineated on the map and by pink flagging at the site. The treatment areas cover approximately 3.5 acres in Dickeson County.

Wildlife Habitat Treatment Specifications

1. Contractor is responsible for contacting 811 prior to digging.

2. Contractor shall provide all necessary labor, equipment and materials unless otherwise noted below.

3. Vegetation removal shall occur between February 1 and March 31, 2025.

4. Remove all autumn olive and existing vegetation with a dozer and/or excavator. Remove as much of individual autumn olive shrubs as possible, including the root system. Other vegetation may be scraped off the surface. Salvage/retain as much of the topsoil as possible.

5. Pile extracted autumn olive shrubs throughout the treatment areas.

6. Pile large rocks at the outer edge of the treatment boundary.

7. Reshape/ grade the ground to the existing contour to the extent possible.

8. Use dozer tracks to firm or “walk in” the entire treatment area to prepare for hydroseeding.

9. Hydroseeding shall occur between March 1,2025 and April 30, 2025.

10. Hydroseed the treatment area at a rate of 1,500 gallons of slurry mix per acre.

11. DWR will provide the seed to the contractor.

12. Contractor will have to secure a water source.

13. The contractor shall provide ten 50-pound bags of mulch per load.

III. Prebid Conference An optional prebid conference will be held in Microsoft Teams on December 30, 2024 at 10:00 A.M.

Microsoft Teams Meeting ID: 273 795 536 962 Passcode: Qx2SS3bK Dial in by phone 1 434-230-0065,,102744399# United States, South Hill Phone conference ID: 102 744 399# #

You can access the meeting virtually here.

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 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, § 2.2-4343.1E).

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

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

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

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

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

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

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

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

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

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

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:

1. (For Invitation For Bids): 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:

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 pfurnish 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 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. 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.

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 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 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 clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders 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.)

Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

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.) Code of Virginia § 8.01-581.15 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

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

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

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

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

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

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

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

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

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

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

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

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign 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 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. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be…