Attachments A - D - IFB58592 FROZEN BEEF.pdf

IFB 58592 FROZEN GROUND BEEF

Attachments A-D

THIS DOCUMENT MUST BE FULLY COMPLETED AND ATTACHED TO ELECTRONIC BID SUBMISSION

I. PURPOSE:

To establish a term contract with one qualified vendor to provide Frozen Ground Beef to the Virginia Distribution Center in Sandston, VA.

II. PERIOD OF CONTRACT:

The initial term shall be from April 1, 2024 for two (2) years with three (3) additional optional one (1) year periods.

III. SCOPE OF WORK:

A. SPECIFICATIONS:

Products offered shall be of the grade and IMPS specification as indicated on the pricing schedule for each item. All items shall be produced, packed and frozen only after issuance of a purchase order.

GRADING REQUIRED: USDA GRADING CERTIFICATE MUST PRECEDE OR ACCOMPANY DELIVERY, OR PRODUCT WILL NOT BE ACCEPTED. USDA GRADE CERTIFICATE MUST SHOW COMMONWEALTH OF VIRGINIA AS RECEIVER AND STATE: "MEETS

REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA."

PRODUCT MUST BE COMPLETELY FROZEN WHEN RECEIVED AT THE VIRGINIA DISTRIBUTION CENTER. PRODUCT TEMPERATURE MUST NOT EXCEED 0 DEGREES F. PLUS OR MINUS 5 F. PRODUCT TEMPERATURE GREATER THAN 5 DEGREES F. MAY BE REJECTED.

MAX PALLET HEIGHT: 64 INCHES.

The Commonwealth of Virginia’s Division of Purchases and Supply reserves the right to conduct any test or evaluations deemed necessary to determine conformance of offered product with the specification and/or conduct a sensory evaluation on the variables of flavor, color, texture and odor.

FILL OUT THE FOLLOWING AND RE ATTACH TO ELECTRONIC BID RESPONSE, BID PRICING IS ENTERED ELECTRONICALLY

Item # Description

BEEF, GROUND, FROZEN, 100% BEEF, FAT CONTENT: 20% (+ or - 2%), DETERMINED BY CHEMICAL ANALYSIS, IMPS 136, 4/10 LB PKS/CS. USDA GRADING CERTIFICATE REQUIRED

MANUFACTURER: ________________________

PRODUCT NUMBER: ______________________

GROSS WEIGHT PER CASE: _____________ (LBS. & OZS.)

TI X HI PER PALLET: _____________ (max height 64”)

VDC #960103

APPROXIMATE ANNUAL USAGE: 750 cs

GROUND BEEF PATTIES, 100% BEEF, FAT CONTENT: 20% (+ or - 2%), 4 INCH DIAMETER, IMPS 1136, FROZEN, 3 OZ. EACH, 54 PCS/10 LB. CS. MADE FROM 1/8 - 3/16 INCH SIZE GRIND. USDA GRADING CERTIFICATE REQUIRED

MANUFACTURER: ________________________

PRODUCT NUMBER:_ _____________________

GROSS WEIGHT PER CASE: ________________ (LBS. & OZS.)

TI X HI PER PALLET: _______________ (max height 64”)

VDC #960115

APPROXIMATE ANNUAL USAGE: 75cs

GROUND BEEF PATTIES 4 OZ, 100% BEEF, FAT CONTENT: 20% (+ or - 2%), 5 INCH DIAMETER (+ or - 1/4"), IMPS 1136, FROZEN 40 PCS/10 LB. CS. MADE FROM 1/8 - 3/16 INCH SIZE GRIND. USDA GRADING CERTIFICATE REQUIRED

MANUFACTURER: ________________________

PRODUCT NUMBER: ______________________

GROSS WEIGHT PER CASE: ___________________ (LBS. & OZS.)

TI X HI PER PALLET: _________________ (max height 64”)

VDC #960116

APPROXIMATE ANNUAL USAGE: 300cs

MINIMUM ORDER QUANTITY: Minimum orders for shipment to the VIRGINIA DISTRIBUTION CENTER are: 15,000 lbs. single or mixed items ordered in full pallets

A. PALLETIZATION: Except as otherwise specified or approved, shipments shall be on 40” x 48” - 4 way hardwood pallets, completely stretch wrapped (clear wrap) to the pallet, and properly stacked for the commodity provided. Pallets must accommodate a standard jack and be stored correctly in the trailer upon delivery. All cases shall be fully enclosed and sealed.

Pallet gross weight shall not exceed 2600 pounds and pallet height shall not exceed 56 inches. Shipments may be rejected if pallets are not properly rated and safe for the load; pallets are not tightly packed; cases are crushed and/or sagging off center;

or cases that overhang the pallet.

B. CASE MARKING: All cases are to be properly labeled as to contents, brand, size, pack and weight and shall be packaged in accordance with the “Fair Packaging and Label Act”. Markings shall appear on at least one side and ONE END. Markings shall be completely legible. All cases shall be marked with a code date and contractor shall be responsible for knowing how to interpret code dates. Upon award, contractor shall provide the Contract Officer with code date interpretation. Where a reference to “shelf life” appears, bidder shall state the recommended storage, in months, if product is handled under normal conditions.

C. DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of order (ARO) by the bidder. The Agency requires the bidder to deliver within a reasonable time after ARO. If the bidder does not insert a stated delivery time in the blank below, the bidder will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:

Agency’s desired delivered time: 21 calendar days ARO

BIDDER’S STATED DELIVERY TIME: _______________ CALENDAR DAYS ARO

To be filled out by Bidder

Delivery appointment must be obtained before items are shipped. Deliveries shall be scheduled and will be received during normal business working hours 7:15am-12:00pm, 1:00-3:00pm, Monday through Friday, except Commonwealth of Virginia holidays and scheduled closings. For appointments, please email DELIVER2VDC@DGS.VIRGINIA.GOV. Deliveries without an appointment are subject to refusal at the contractor’s expense. Delivery appointments should be made at least 72 business hours prior to the delivery.

D. BID SAMPLES: Bidders shall only provide bid samples for evaluation upon request. Shipping boxes for samples shall be properly labeled on the outside of the box with the name of the bidder and the IFB #. Please do not send unsolicited samples. Each bid sample shall be clearly marked with the manufacturer brand and part number, and the pricing schedule line item #. Failure to submit samples within five (5) days or to comply with these instructions may be cause for rejection of your bid. If any bids are found by review of specification sheets or other information to not meet requirements samples will not be requested or evaluated. Sealed bids shall not be affixed to or placed in the sample packages or containers.

Bid samples shall be provided at no additional costs to the Commonwealth. Bid samples will be handled and disposed of in accordance with paragraph 5.6 of the VENDORS MANUAL. Furthermore, the Division reserves the right to secure additional check samples from the actual material supplied. In the event the check samples fail to conform to the contract requirements, the contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the contract requirements at no cost to the Commonwealth.

Bid samples shall be an exact and true representative sample of the actual material offered. Bidders guarantee that all items offered in their bid reply and all subsequent deliveries resulting from being awarded this contract shall conform to specifications and match the original bid samples. Substitutions shall not be accepted unless approved in accordance with Special Term and Condition C. “Product Availability”. Delivery of items under this contract that are not in accordance with these provisions shall place the contractor in default.

Bid samples required upon request. One case of each item to:

DIVISION OF PURCHASES & SUPPLY

VIRGINIA DISTRIBUTION CENTER

ATTN: JEFFREY JANISKO

2400 RILEY RIDGE ROAD

SANDSTON, VA 23150

E. NAME OF MANUFACTURER AND INVENTORY LOCATION: Each Bidder shall supply in the space below the name and address of the manufacturer of the item offered and the shipping point where product will be produced and shipped from.

Item Number(s):

Manufacturer:

Address:

Shipping Point:

F. RETURN OF GOODS: Products judged by the Commonwealth to be unacceptable may be rejected. All costs associated with rejection are the responsibility of the Contractor. Over-shipments will be accepted at the Commonwealth’s discretion. The Contractor will be responsible for the disposition of all defective, damaged or rejected over-shipped products. Return authorization shall be provided by the Contractor within five (5) calendar days of verbal notification.

G. PRODUCT INFORMATION: The bidder should enclose complete and detailed descriptive literature (Labels, specification sheets, catalogs) with the bid to enable the Commonwealth to determine if the product meets the requirements of this solicitation. Failure to do so may cause the bid to be considered non-responsive.

H. PRODUCT SATISFACTION: The Contractor should act as a customer advocate and coordinator for communication with the manufacturers and is responsible for performance and problem resolution. The Contractor’s responsibility for support continues even if the Contractor discontinues selling a manufacturer’s product to the extent that resolution is available from the manufacturer. The contractor must take the necessary actions with manufacturers to reduce, minimize and prevent stock-outs of products and to ensure that promised lead times are accurate. Customer satisfaction will be a determining factor in measuring the Contractor’s performance. The Contractor will be expected to routinely monitor customer satisfaction and regularly report all feedback in a format acceptable to the Commonwealth.

IV. PRE-BID CONFERENCE

An optional Pre-Bid teleconference will be held at 1:30 p.m. local time on Thursday, February 15, 2024. Participation in this meeting is Optional and can be attended by clicking Meeting ID

Click here to join the meeting

Meeting ID: 215 600 688 296

Passcode: 5FEFUZ

Download Teams | Join on the web Or call in (audio only)

+1 434-230-0065,,464368655# United States, Lynchburg

Phone Conference ID: 464 368 655#

V. GENERAL INFORMATION

A. BID CLARIFICATIONS: Questions regarding the solicitation must be submitted in writing to Jacquelyn Comuzzi via e-mail at

Jacquelyn.Comuzzi@DGS.Virginia.gov no later than 3:00 p.m. local time on Friday, February 16, 2024. Bidder should identify the email by noting the solicitation number “58592” in the subject line. Responses to clarifications may be posted in eVA’s Virginia Business Opportunities (VBO). The identity of Bidders will not be published with the response.

B. BID DUE DATE AND OPENING:

Sealed bids will be received until 12:00 p.m. local time on Tuesday, February 27, 2024.

A public bid opening will be held at 12:01 p.m. local time on Tuesday, February 27, 2024 via the following meeting link:

Click here to join the meeting

Meeting ID: 245 948 301 617 Passcode: cj5iTZ

Download Teams | Join on the web Or call in (audio only)

+1 434-230-0065,,808959042# United States, Lynchburg

Phone Conference ID: 808 959 042# https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmQzMmI3MjktOTg3NC00MmEwLTg2ZWEtMGNhNmE3N2YwMTM5%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22dfdab22a-923e-4691-b7ed-dea710d995fa%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,464368655 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGNiOGY2ZjgtMjA0OS00MmMyLThmNGQtZWE5MjcxNThkMTE0%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22dfdab22a-923e-4691-b7ed-dea710d995fa%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,808959042

C. BID SUBMISSION REQUIREMENTS:

NO hand delivered bids will be accepted.

Bidders are required to submit electronic bid responses, see 1. Electronic Submission via eVA below.

IFB #58592 is an invitation for an electronic sealed bid; therefore, bids submitted outside of the eVA, such as via e-mail, mail, or fax WILL NOT be accepted. Electronic sealed bids will be received until the closing date and time provided in the solicitation. Any bid received after the closing date and time specified in the solicitation will not be considered and will be date and time stamped, marked “late” and retained unopened in the procurement file.

Prior to the due date, Bidders should:

● Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) for any updates, changes, amendments, cancellations, etc.

● Check the “Reminders” section in VBO for all attachments and documents to be completed and submitted; and

● Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Bidder’s electronic submission.

Bidders are solely responsible for reviewing, complying, and returning a complete and responsive bid. Failure to submit any of the required information may result in the bid being declared non-responsive. Changes to the solicitation’s forms or formats are prohibited except where clearly instructed and permitted.

INSTRUCTIONS FOR SUBMITTING AN ELECTRONIC BID

a. Visit: www.eva.virginia.gov;

b. Click “I Sell To Virginia”;

c. Click “eVA Vendor Training”; and

d. Click “Respond to IFBs - RFPs and more”.

Bidders requiring assistance in submitting an electronic response, should contact: eVA Customer Care at 866-289-7367 or email:eVACustomerCare@dgs.virginia.gov.

1. Electronic Bid Submission via eVA:

Electronic bid submission is the method to submit a bid. In order to submit an electronic bid, the Bidder must be registered in eVA.

Bidders should:

a. Visit: www.eva.virginia.gov;

b. Click on BUSINESS OPPORTUNITIES/Virginia Business Opportunities (VBO)

c. Type “58592” into the Search box.

d. Click “View Opportunity” to select the subject solicitation.

e. Click the “Respond Online” version of the solicitation in the upper right corner

f. Follow the instructions online to submit your response.

NOTE: All Bidders must COMPLETE THE ”SUBCONTRACTOR PLAN" SECTION OF THE ELECTRONIC SOLICITATION RESPONSE.

VI. SPECIAL TERMS AND CONDITIONS

A. AWARD: The Commonwealth will make the award on a Lot basis to the lowest responsive and responsible bidder or bidders.

The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the Commonwealth. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. Evaluation will be based on net prices. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

http://www.eva.virginia.gov/ https://m.vendor.epro.cgipdc.com/Vendor/public/AllOpportunities

B. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the sixty (60) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

C. PRODUCT AVAILABILITY: Contractor must agree that there will be no cancellation of products used without an equal and acceptable replacement approved by the Contract Administrator during the term of the agreement. Contractors must communicate manufacturer’s discontinuation of any products to the Procurement Officer in writing within five (5) business days. In such instances, Contractors shall work with the Procurement Officer to identify and implement alternative options that shall maintain or reduce costs associated with the replacements. Contractors must be prepared to offer suggested replacement of discontinued products at least 30 days prior to substitution, including replacement part number, description, list price, applicable discount, and final price. Substitutions shall not be made without the full knowledge, evaluation, and agreement of the Procurement Officer as evidenced by a written contract modification.

D. AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

E. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 30 days written notice to the Contractor. The contract may be terminated by either party without penalty, after the initial 6 months of the contract period upon 30 days- notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver on all outstanding orders issued prior to the effective date of cancellation.

F. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in multiple purchase orders with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

G. SPECIAL EDUCATIONAL OR PROMOTIONAL DISCOUNTS: The Contractor shall extend any special educational or promotional sale prices or discounts immediately to the Commonwealth that are available to other Government entities during the term of the contract. Such notice shall also advise the duration of the specific sale or discount price.

H. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

I. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth upon written agreement of both parties for

(3) three successive one-year periods, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

J. PRICE ESCALATION/DEESCALATION: Price adjustments shall be calculated monthly using USDA’s data report titled “Retail prices for beef, pork, poultry cuts, eggs, and dairy products”. This report is located at http://www.ers.usda.gov/data-products/meat-price-spreads.aspx .

The initial bid price shall be valid until April 30, 2024 and until which day the March 2024 data set is published. Starting with the March 2024 data set; prices shall be adjusted higher or lower each time the monthly data set is updated. If the data set is not updated during a month then the last calculated price remains in effect until the data set is updated again. Purchase orders issued after an update shall be at the new adjusted pricing. However, the contractor shall fill all purchase orders issued prior to http://www.eva.virginia.gov/ http://eVA-catalog-manager@dgs.virginia.gov.

http://www.ers.usda.gov/data-products/meat-price-spreads.aspx http://www.ers.usda.gov/data-products/meat-price-spreads.aspx the effective date of the price adjustment at the old contract prices.

The February 2024 “Ground Beef” $/lb shall be the base value (starting point) used for the price adjustment calculation as follows:

After each monthly data set update the prior month “Ground Beef” $/lb shall be subtracted from the new month “Ground Beef” $/lb. This difference shall be added to the last $/lb to determine the new $/lb.

K. FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United States Congress, Customs and

Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that results in an increase in contractor’s costs to a level that renders performance under the Agreement impracticable, the Commonwealth may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 25% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Commonwealth under this Agreement. Prior to the Commonwealth agreeing to a price increase pursuant to this Section, the contractor must provide to the Commonwealth, the following documentation, all of which must be satisfactory to the Commonwealth: - evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Commonwealth under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and (iii) contractor’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Commonwealth to verify that the tariff is the cause of the price change. - a certification signed by contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the Commonwealth at a lower cost from a different source located outside of the country against which the tariff has been imposed. - a certification signed by contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the contractor would otherwise be unable to perform under this Agreement without such price increase. - as requested by the Commonwealth, written instructions authorizing the Commonwealth to request additional documentation from individuals or entities that provide the good or the raw materials to verify the information submitted by contractor. If the Commonwealth agrees to a price increase pursuant to this Section, the parties further agree to add the following terms to this Agreement: - During the Term and for five (5) years after the termination of this Agreement, contractor shall retain, and the Commonwealth and its authorized representatives shall have the right to audit, examine, and make copies of, all of contractors books, accounts, and other records related to this Agreement and contractor’s costs for providing goods to the Commonwealth, including, but not limited to those kept by the contractor’s agents, assigns, successors, and subcontractors. - Notwithstanding anything to the contrary in this Agreement, the Commonwealth shall have the right to terminate this Agreement for the Commonwealth’s convenience upon 15 days’ written notice to contractor. In the event the import duty or tariff is repealed or reduced prior to termination of this Agreement, the increase in the Commonwealth’s contract price shall be reduced by the same amount and adjusted accordingly. - Any material misrepresentation of fact by contractor relating in any way to the Commonwealth’s payment of additional sums due to tariffs shall be fraud against the taxpayer’s of the Commonwealth and subject contractor to treble damages pursuant to the Virginia Fraud Against Taxpayers Act.

L. CONTACT INFORMATION: Please provide name(s) and contact information for the responsible person(s) of your company who may be contacted regarding this contract. List sales and service offices, addresses, telephone and facsimile numbers and email address:

Name of Contact Person(s)

Address

City, State, Zip

Telephone Number Facsimile Number

Email

M. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder is not required to be so authorized. Indicate the above information on the SCC Form attached. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form attached) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

N. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

O. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the Commonwealth’s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

P. SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN, EVIDENCE OF COMPLIANCE WITH SMALL BUSINESS

SUBCONTRACTING PLAN, AND SUBCONTRACTOR REPORTING:

1. Submission of Small Business Subcontracting Plan: It is the statewide goal of the Commonwealth that 42% of its purchases be made from small businesses certified by DSBSD. This includes discretionary spending in prime contracts and subcontracts. All bidders/offerors are required to submit a Small Business Subcontracting Plan. The contractor is encouraged to offer such subcontracting opportunities to DSBSD-certified small businesses. This shall include DSBSD-certified women-owned and minority-owned businesses and businesses with DSBSD service-disabled veteran-owned status when they have also received DSBSD small business certification. Where it is not practicable for any portion of the goods/services to be subcontracted to other suppliers, the bidder/offeror shall note such on the Small Business Subcontracting Plan. No bidder/offeror or subcontractor shall be considered a small business unless certified as such by the Department of Small Business and Supplier Diversity (DSBSD) by the due date for receipt of bids or proposals.

2. Evidence of Compliance with Small Business Subcontracting Plan: Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution monthly reports substantiating compliance in accordance with the small business subcontracting plan. If a variance exists, the contractor shall provide a written explanation. A subcontractor shall be considered a Small Business for purposes of a contract if and only if the subcontractor holds a certification as such by the DSBSD. Payment(s) may be withheld until the purchasing agency confirms that the contractor has certified compliance with the contractor’s submitted Small Business Subcontracting Plan or is in receipt of a written explanation of the variance. The agency or institution reserves the right to pursue other appropriate remedies for non-compliance to include, but not be limited to, termination for default.

3. Prime Contractor Subcontractor Reporting:

a) Each prime contractor who wins an award greater than $100,000, shall deliver to the contracting agency or institution on a quarterly basis, all applicable information for each subcontractor listed on the Small Business Subcontracting Plan that are DSBSD-certified businesses or Employment Services Organizations (ESOs). The contractor shall furnish the applicable information to the purchasing office via the Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

b) In addition, each prime contractor who wins an award greater than $200,000 shall deliver to the contracting agency or institution on a monthly basis, all applicable information on use of subcontractors that are not DSBSD-certified businesses or Employment Services Organizations. The contractor shall furnish all applicable information to the purchasing office via the Subcontractor Payment Reporting tool accessible within the contractor’s eVA account.

Q. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

R. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense.

S. PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand, or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Contact Officer. The Agency may, at its discretion, require the contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the contractor.

VII. METHOD OF PAYMENT

Contractor(s) will be paid monthly within 30 days of receipt of a valid invoice for all goods received during the previous month. The Contractor shall submit their invoice to the following mailing address OR email address by the 10th day of the month following the month in which goods were received:

rr-dgs.apinvoices@dgs.virginia.gov

END

Attachment B

STATE CORPORATION COMMISSION FORM

This form must be returned with BID documents

The following information is required as part of the Bidder’s response to this solicitation. Failure to complete and provide this form may result in bid being declared nonresponsive. (In the case of a Combined Two-Step IFB, it may cause the Technical Proposal to be determined to be not acceptable.)

Virginia State Corporation Commission (“SCC”) registration information: The Bidder:

___ is a corporation or other business entity with the following SCC identification number: ____________

-OR

___ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

-OR

___ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Bidder’s out-of-state location)

-OR

___ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: _______________________________________________________ Date: __________________

Name: ___________________________________________________________________________

Print

Title: ___________________________________________________________________________________

Name of Firm: ______________________________________________________________________

Attachment C

VENDOR DATA SHEET

This form must be returned with BID documents

The following information is required as part of the Bidder’s response to this solicitation. Failure to complete and provide this sheet may result in bid being declared nonresponsive.

1. Qualification: The Bidder must have the capability and capacity in all respects to satisfy fully all the contractual requirements.

2. Bidder’s Primary Contact:

Name: _______________________________ Phone: ______________ Email: _____________________

3. Years in Business: Indicate the length of time Bidder has been in business providing this type of good:

_________ Years ________ Months

4. eVA Vendor ID or DUNS Number: ________________________________

5. Indicate below a listing of at least four (4) current or recent accounts, either commercial or governmental, that the Bidder is servicing, has serviced, or has provided similar goods/services. Include the length of service and the name, address, and telephone number of the point of contact.

A. Company: _____________________________________ Contact: ____________________________________

Phone: (_____)______________________________ Email: ____________________________________________

Dates of Service: _______________________________________________$ Value: _______________________

B. Company: _____________________________________ Contact: ____________________________________

C. Company: _____________________________________ Contact: ____________________________________

D. Company: _____________________________________ Contact: ____________________________________

Dates of Service: _______________________________________________$ Value: _______________________

I certify the accuracy of this information.

Signed: __________________________________ Title: ______________________________ Date: _______

Attachment D Small Business Subcontracting Plan

It is the goal of the Commonwealth that over 42% of its purchases be made from small businesses. All potential bidders are required to submit the subcontractor plan by one of the following methods in order to be considered responsive:

A. Complete the subcontractor plan as specified in the electronic response; or

B. Download the “paper response” form, complete the subcontractor plan section, and submit as an attachment with the bid response.

Small Business: "Small business (including micro)” means a business which holds a certification as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date for bids. This shall also include DSBSD-certified women- owned and minority-owned businesses and businesses with DSBSD service-disabled veteran owned status when they also hold a DSBSD certification as a small business on the bid due date. Currently, DSBSD offers small business certification and micro business designation to firms that qualify.

Certification applications are available through DSBSD online at www.SBSD.virginia.gov (Customer Service).