ARFQ DEP2100000029 DEP Instructions to Bidders 8.11.17.pdf

Rev. August 11, 2017

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROCUREMENT CONSTRUCTION AND RECLAMATION CONTRACTS

1. ACCOUNT: Vendor must have a wvOASIS Vendor Self Service account in order to submit electronic bids. Visit www.wvOASIS.gov to create an account. The Department will only accept electronic bids submitted through the Vendor Self Service application; it will not accept paper bids.

2. ELECTRONIC FILE ACCESS RESTRICTIONS: The Vendor must ensure that its submission in wvOASIS can be accessed by the Department immediately upon bid opening. The Department will consider any file that cannot be opened immediately and/or viewed at the time of the bid opening (i.e. encrypted files, password protected files or incompatible files) to be blank or incomplete as context requires and, therefore, unacceptable. The Vendor will not be permitted to unencrypt files, remove password protections or resubmit documents after bid opening, if those documents are required with the bid.

3. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirement that, if overlooked, could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of the Vendor’s bid.

4. MANDATORY TERMS: The Solicitation may contain mandatory provisions, identified by the use of words “shall” or

“must” or “will”. Failure to comply with a mandatory term in the Solicitation will result in disqualification of the Vendor’s bid.

5. SOLICITATION BOND: A bond in which a third party agrees to be liable to pay a certain amount of money in the event a selected bidder fails to accept the contract as bid. This bond should be five percent (5%) of the total bid amount.

6. BID SUBMISSION: All bids must be submitted electronically through the wvOASIS Vendor Self Service Portal before the date and time of the bid closing. Any bid submitted in the Vendor Self Service Portal is considered to be in possession of the Department after the bid closing date and will not be returned for any reason.

7. BID CLOSING: Bids submitted in response to a Solicitation prior to the bid closing date and time will be available to the public within 24 hours of the bid closing on the Department’s website http://www.dep.wv.gov/bto/IHP/bidsrec/Pages/default.aspx

8. ADDENDUM ACKNOWLEDGMENT: Changes or revisions to the Solicitation will be made by an official addendum issued by the Department. It is the Vendor’s responsibility to check the Vendor Self Service Portal for any addenda to any Solicitations for which the Vendor is interested in submitting bids. Submitting a bid that does not include the information from the latest addendum will result in disqualification of the Vendor’s bid.

9. NON-RESPONSIBLE: The Department reserves the right to reject the bid of any vendor as “non-responsible” in accordance the Department’s Standard Specification for Construction and Reclamation when the Contract Administrator determines that the Vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.

10. ACCEPTANCE OR REJECTION: The Department may accept or reject any bid in whole or in part in accordance with the Department’s Standard Specification for Construction and Reclamation.

All questions should be directed to DEPProcurement@wv.gov Please include solicitation number in the subject line.

DEP Procurement (304) 926-0480 No bids will be accepted by e-mail http://www.wvoasis.gov/ http://www.dep.wv.gov/bto/IHP/bidsrec/Pages/default.aspx mailto:DEPProcurement@wv.gov

ADDITIONAL TERMS AND CONDITIONS FOR CONSTRUCTION CONTRACTS

1. CONTRACTOR’S LICENSE: West Virginia Code § 21-11-6 mandates that no person may engage in any act as a contractor or submit a bid to perform work as a contractor unless that person holds a valid contractor’s license issued by the West Virginia Contractor Licensing Board. West Virginia Code § 21-11-11 requires any prospective Vendor to include the contractor’s license number on its bid. If an apparent low bidder fails to submit a license number in accordance with this section, the DEP Procurement section will promptly request by telephone or electronic mail that the low bidder and the second low bidder provide the license number within one business day of receiving the request. Failure of the bidder to provide the license number within one business day of receiving the request shall result in disqualification of the bid. Vendors should include a contractor’s license number in the space provided on the signature page of the Bidder’s Instructions.

2. DRUG-FREE WORKPLACE POLICY: Pursuant to W. Va. Code § 21-1D-4, the Vendor and its subcontractors must implement and maintain a written drug-free workplace policy that complies with the West Virginia Alcohol and Drug-Free Workplace Act, W. Va. Code § 21-1D-1, et seq. The Department shall cancel the contract if: (a) the Vendor fails to implement and maintain a written drug-free workplace policy described in the section; or (b) the Vendor fails to provide information regarding implementation of its drug-free workplace policy at the request of the Department; or (c) the Vendor provides to the Department false information regarding its drug-free workplace policy. Pursuant to W. Va. Code § 21-1D-2(b), this policy does not apply to construction contracts the value of which is less than $100,000 or to temporary or emergency repairs.

3. DRUG-FREE WORKPLACE AFFIDAVIT: West Virginia Code § 21-1D-5 provides that any solicitation for a public improvement contract requires each Vendor that submits a bid for the work to submit at the same time an affidavit that the Vendor has a written drug-free workplace policy. If the affidavit is not submitted with the bid submission, the DEP Procurement section shall promptly request by telephone or electronic mail that the lowest bidder and second lowest bidder provide affidavit within one business day of request. Failure to submit the affidavit within one business day of receiving the request shall result in disqualification of the bid.

To comply with this law, the Vendor must either complete the attached drug-free workplace affidavit and submit the same with its bid or complete a similar affidavit that fulfills all the requirements of applicable State law. Failure to submit with the bid this signed and notarized drug-free workplace affidavit or a similar affidavit that fully complies with W. Va. Code § 21-1D-5 shall result in disqualification of the Vendor’s bid.

Pursuant to W. Va. Code § 21-1D-2(b), this policy does not apply to construction contracts the value of which is less than $100,000 or to temporary or emergency repairs.

4. DRUG-FREE WORKPLACE REPORT: Pursuant to W. Va. Code § 21-1D-7b, no less than once per year, or upon completion of the project, every Contractor shall provide a certified drug-free workplace report to the Department. The report shall include: (a) Information to show that the education and training service to the requirements of W. Va. Code § 21-1D-5 was provided; (b) The name of the laboratory certified by the United States Department of Health & Human Services or its successor that performs the drug tests pursuant to the West Virginia Alcohol and Drug-Free Workplace Act; (c) The average number of employees in connection with the construction of the reclamation project; (d) Drug test results for the following categories, including the number of positive tests and the number of negative tests: (i) Pre-employment and new hires; (ii) Reasonable suspicion; (iii) Post-accident; and (iv) Random. The Vendor should utilize the attached Certified Drug-Free Workplace Report Coversheet when submitting the report required by this section. Pursuant to W.

Va. Code § 21-1D-2(b), this policy does not apply to construction contracts the value of which is less than $100,000 or to temporary or emergency repairs.

5. INTERESTED PARTY DISCLOSURE: W. Va. Code § 6D-1-2 requires that for contracts with an actual or estimated value of at least $100,000, the vendor must submit to the DEP Procurement Section a disclosure of interested parties to the contract, prior to contract award. That disclosure must occur on the form prescribed and approved by the WV Ethics Commission. A copy of that form is included with this solicitation or can be obtained from the WV Ethics Commission. “Interested parties” means: (1) A business entity performing work or services pursuant to, or in furtherance of, the applicable contract, including specifically sub-contractors;

(2) the person(s) who have an ownership interest equal to or greater than 25% in the business entity performing work or service pursuant to, in furtherance of, the applicable contract; and (3) the person or business entity, if any, that served as a compensated broker or intermediary to actively facilitate the applicable contract or negotiated the terms of the applicable contract with the DEP. Provided, That subdivision (2) shall be inapplicable if a business entity is a publicly traded company: Provided, however, That subdivision (3) shall not include persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.

SIGNATURE PAGE

DESIGNATED CONTACT: The Vendor appoints the individual identified in this section as the Contract Administrator and point of contact for matters relating to this contract.

Printed Name and Title

Address

Telephone Number and Fax Number

E-Mail Address

CERTIFICATION AND SIGNATURE: By submitting documentation through wvOASIS, I certify that I have reviewed this Solicitation in its entirety; that I understand the requirements, terms and conditions, and other information contained herein; that this bid, offer or proposal constitutes an offer to the Department that cannot be unilaterally withdrawn; that the combined service and goods proposed meets the mandatory requirements in the Solicitation for the project, unless otherwise stated herein; that the Vendor accepts the terms and conditions contained in the Solicitation, unless otherwise stated herein; that I am submitting this bid, offer or proposal for review and consideration; that I am authorized by the Vendor to execute and submit this bid, offer or proposal or any documents related thereto on the Vendor’s behalf; that I am authorized to bind the Vendor in a contractual relationship; and that, to the best of my knowledge, the Vendor has properly registered with any agency of the State that may require registration.

Company

Printed Name and Title of Authorized Representative

Signature

Address

Telephone Number and Fax Number

E-Mail Address

WV Contractor’s License Number

ADDENDUM ACKNOWLEDGMENT FORM

SOLICITATION NO. __________

INSTRUCTIONS: Please acknowledge receipt of all addenda issued with this Solicitation by completing this Addendum Acknowledgment Form, uploading it, and submitting it electronically with your bid. Check the box next to each addendum received and sign below. Failure to acknowledge addenda may result I bid disqualification.

ACKNOWLEDGMENT: I hereby acknowledge receipt of the following addenda and have made the necessary revisions to my proposal, plans, specifications, and other applicable bid documents.

Addendum Numbers Received:

(Check the box next to each addendum received)

Addendum No. 1 Addendum No. 6

Addendum No. 2 Addendum No. 7

Addendum No. 3 Addendum No. 8

Addendum No. 4 Addendum No. 9

Addendum No. 5 Addendum No. 10

I understand that failure to confirm the receipt of addenda may be cause for rejection of this bid. I further understand that any verbal representation made or assumed to be made during any oral discussion held between the Vendor’s representatives and any Department personnel is not binding. Only the information issued in writing and added to the specifications by an official addendum is binding.

Company

Authorized Signature

Date

NOTE: This addendum acknowledgment must be submitted with the bid to expedite document processing.