ARFQ DEP22-063 DEP Instructions to Bidders.pdf

Rev. August 6, 2021

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. BID 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. 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..

10. E-MAIL NOTIFICATION OF AWARD: The Department will provide the awarded contract to the successful bidder via electronic mail. Award information is also posted on the DEP In-House Purchasing website.

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

ADDITIONAL TERMS AND CONDITIONS FOR CONSTRUCTION CONTRACTS

1. CONTRACTOR’S LICENSE: Until June 15, 2021, West Virginia Code § 21-11-2, and after that date, § 30-42- 2, requires that all persons desiring to perform contracting work in this state be licensed. The West Virginia Contractors Licensing Board is empowered to issue the contractor’s license. Applications for a contractor’s license may be made by contacting the West Virginia Contractor Licensing Board

The apparent successful Vendor must furnish a copy of its contractor’s license prior to the issuance of a contract award document.

2. DRUG-FREE WORKPLACE POLICY: Pursuant to W. Va. Code § 21-1D-4, Vendor and its subcontractors must implement and maintain a written drug-free workplace policy that complies with said article. The awarding public authority shall cancel this contract if: (1) Vendor fails to implement and maintain a written drug-free workplace policy described in the preceding paragraph, (2) Vendor fails to provide information regarding implementation of its drug-free workplace policy at the request of the public authority; or (3) Vendor provides to the public authority false information regarding the contractor's drug-free workplace policy.

Pursuant to W. Va. Code 21-1D-2(b) and (k), this provision does not apply to public improvement contracts the value of which is $100,000 or less or temporary or emergency repairs.

3. DRUG-FREE WORKPLACE AFFIDAVIT: W. Va. 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 an affidavit that the Vendor has a written plan for a drug-free workplace policy. If the affidavit is not submitted with the bid submission, the Department shall promptly request by telephone and electronic mail that the low bidder and second low bidder provide the affidavit within one business day of the 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, Vendor should complete the enclosed drug-free workplace affidavit and submit the same with its bid.

Failure to submit the signed and notarized drugfree workplace affidavit or a similar affidavit that fully complies with the requirements of the applicable code, within one business day of being requested to do so shall result in disqualification of Vendor’s bid. Pursuant to W. Va. Code 21-1D-2(b) and (k), this provision does not apply to public improvement contracts the value of which is $100,000 or less or 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 report to the public authority which let the contract. The report shall include:

(1) Information to show that the education and training service to the requirements of West Virginia Code § 21-1D-5 was provided;

(2) The name of the laboratory certified by the United States Department of Health and Human Services or its successor that performs the drug tests;

(3) The average number of employees in connection with the construction on the public improvement;

(4) Drug test results for the following categories including the number of positive tests and the number of negative tests: (A) Pre-employment and new hires; (B) Reasonable suspicion; (C) Post- accident; and (D) Random.

Vendor should utilize the attached Certified Drug Free Workplace Report Coversheet when submitting the report required hereunder. Pursuant to W. Va. Code 21-1D-2(b) and (k), this provision does not apply to public improvement contracts the value of which is $100,000 or less or temporary or emergency repairs.

5. INTERESTED PARTY DISCLOSURE: West Virginia Code § 6D-1-2 requires that the vendor submit a disclosure of interested parties to the contract for all contracts with an actual or estimated value of at least $1 million.

That disclosure must occur on the form prescribed and approved by the WV Ethics Commission prior to contract award.

A copy of that form is included with this solicitation or can be obtained from the WV Ethics Commission.

This requirement does not apply to publicly traded companies listed on a national or international stock exchange. A more detailed definition of interested parties can be obtained from the form referenced above.

6. SUBCONTRACTORS LIST SUBMISSION: In accordance with W. Va. Code § 5-22-1, the apparent low bidder on a contract valued at more than $250,000.00 for the construction, alteration, decoration, painting or improvement of a new or existing building or structure shall submit a list of all subcontractors who will perform more than $25,000.00 of work on the project including labor and materials. The subcontractor list shall be provided to the Department within one business day of the opening of bids for review. If the apparent low bidder fails to submit the subcontractor list, the Department shall promptly request by telephone and electronic mail that the low bidder and second low bidder provide the subcontractor list within one business day of the request. Failure to submit the subcontractor list within one business day of receiving the request shall result in disqualification of the bid.

If no subcontractors who will perform more than $25,000.00 of work are to be used to complete the project, the apparent low bidder must make this clear on the subcontractor list, in the bid itself, or in response to the Department’s request for the subcontractor list.

a. Required Information. The subcontractor list must contain the following information:

i. Bidder's name

ii. Name of each subcontractor performing more than $25,000 of work on the project.

iii. The license number of each subcontractor, as required by W. Va. Code § 21-11- 1 et. seq.

iv. If applicable, a notation that no subcontractor will be used to perform more than $25,000.00 of work. (This item iv. is not required if the vendor makes this clear in the bid itself or in documentation following the request for the subcontractor list.)

b. Subcontractor List Submission Form: The subcontractor list may be submitted in any form, including the attached form, as long as the required information noted above is included. If any information is missing from the bidder’s subcontractor list submission, it may be obtained from other documents such as bids, emails, letters, etc. that accompany the subcontractor list submission.

c. Substitution of Subcontractor. Written approval must be obtained from the State Spending Unit before any subcontractor substitution is permitted. Substitutions are not permitted unless:

i. The subcontractor listed in the original bid has filed for bankruptcy;

ii. The subcontractor in the original bid has been debarred or suspended; or

iii. The contractor certifies in writing that the subcontractor listed in the original bid fails, is unable, or refuses to perform his subcontract.

Subcontractor List Submission (Construction Contracts Only)

Bidder’s Name:

! Check this box if no subcontractors will perform more than $25,000.00 of work to complete the project.

Subcontractor Name License Number if Required by W. Va. Code § 21-11-1 et. seq.

Attach additional pages if necessary

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 ACKNOWLEDGEMENT FORM

SOLICITATION NO.:

Instructions: Please acknowledge receipt of all addenda issued with this solicitation by completing this addendum acknowledgment form. Check the box next to each addendum received and sign below. Failure to acknowledge addenda may result in bid disqualification.

Acknowledgment: I hereby acknowledge receipt of the following addenda and have made the necessary revisions to my proposal, plans and/or specification, etc.

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 Vendor’s representatives and any state 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 acknowledgement should be submitted with the bid to expedite document processing.