CRFQ DOT2600000030 Terms and Conditions.pdf

This document contains the General Terms and Conditions for contracts issued by the State of West Virginia Department of Administration, Purchasing Division. The terms and conditions apply to all state and local contract opportunities solicited by the state purchasing office and establish the framework governing vendor relationships, contract performance, and compliance obligations. The document defines key terms such as "Agency," "Bid," "Contract," "Director," "Purchasing Division," "Award Document," "Solicitation," "State," and "Vendor," and specifies that an Award Document signed by the Purchasing Division Director and approved by the Attorney General constitutes contract acceptance. Contract terms vary by type: Term Contracts may be renewed upon mutual written consent of the Agency and Vendor with Purchasing Division and Attorney General approval; Fixed Period Contracts become effective upon vendor receipt of a notice to proceed and must be completed within a specified number of calendar days; One-Time Purchase Contracts run from award issuance until all goods are delivered without extending beyond one fiscal year; and Construction/Project Oversight Contracts continue until project completion. The document also includes an Additional Terms and Conditions section specific to construction contracts only, establishing requirements for contractor licensing, performance bonds equal to 100% of contract value, bid bonds of 5% of total bid amount, labor/material payment bonds equal to 100% of contract value, drug-free workplace affidavits and policies, AIA document compliance, local labor market hiring requirements of 75% from the local area, Davis-Bacon wage rate compliance where applicable, and subcontractor list submission requirements for projects exceeding $250,000.

Pricing is firm for the life of the contract unless otherwise specified, and vendors must extend any publicly advertised sale prices to the State at the lower of the contract price or advertised price. Payments are made in arrears upon receipt of proper invoices detailing goods or services provided, except software maintenance, licenses, and subscriptions may be paid annually in advance. The vendor must accept payment by electronic funds transfer and P-Card. The State is exempt from federal and state taxes and will not reimburse such taxes. The vendor is required to maintain specified insurance coverage including Commercial General Liability of $1,000,000 per occurrence and Automobile Liability of $1,000,000 per occurrence, and must provide proof of workers' compensation insurance upon request. All contracts are subject to West Virginia law and are governed by the West Virginia Code without regard to conflict of law principles. Vendors must comply with all applicable federal, state, and local laws and regulations and must ensure subcontractors comply as well. The contract may be cancelled immediately by the Purchasing Division Director if materials or workmanship do not conform to specifications, or upon 30 days' written notice under West Virginia Code of State Rules § 148-1-5.2.b. The document prohibits arbitration, modifications without mutual written consent and appropriate approvals, assignment without express written consent, and use of vendor forms that contradict the contract terms. Additional requirements include indemnification of the State and Agency from claims and losses; vendor relationship as an independent contractor; conflict of interest disclosures and periodic inquiries; vendor non-conflict certifications; compliance with domestic steel, aluminum, and glass product preferences; interested party supplemental disclosures for contracts valued at $1 million or more; prohibition against used or refurbished commodities unless expressly permitted; background check authorization; drug-free workplace compliance; and prohibition against engaging in boycotts of Israel.