DOCA-756-25-03 - VARIOUS FERTILIZERS.docx

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

CENTRAL AGRIBUSINESS OFFICE

14545 OLD BELFIELD ROAD

CAPRON, VIRGINIA 23829

INVITATION FOR BIDS

Solicitation Number: DOCA-756-25-03

Issue Date: February 4, 2025

Title: Fertilizer, Lime, compounded, palleted, liquid delivered, dumped and applied, to various DOC Agribusiness farm locations as listed.

Using Agency: Dept of Corrections Agribusiness

The purpose of this Invitation for Bids (IFB) is to solicit competitive sealed bids to establish a contract for fertilizer and lime for delivery and applications for various DOC Agribusiness farms.

Sealed bids will be received until February 14, 2025 at 2PM EST for furnishing the goods and services described herein and then will be opened in public.

All bids received after the appointed date and time for receipt, whether by mail or otherwise, will not be considered for an award. The time of receipt shall be determined by either the time received in the Issuing Agency's Purchasing Office, or the time uploaded into eVA for bids submitted electronically within eVA. Bidders have the sole responsibility for assuring that bids are received in the Purchasing Office by the designated date and time.

If bids are hand delivered, they must be delivered to the Issuing Agency’s Purchasing Office at 256 Bland Farm Road, Bland VA 24315. Hand delivered bids must be delivered in ample time to allow for security check-in at the front desk and delivery to the Purchasing Office prior to the closing time for the solicitation.

If bids are mailed or delivered by express mail, they must be delivered to 256 Bland Farm Road, Bland, VA 24315 Faxed, emailed, or oral bids will not be accepted.

Due to the rural location of issuing Agency (Bland Agribusiness) Fedex and UPS will not guarantee AM delivery, please allow ample time for bid to be delivered.

Bidders must be registered in eVA in order to submit and upload an electronic bid within eVA. The following are instructions for submitting an electronic bid within eVA:

1. Go to eVA.virginia.gov;

2. Click on I SELL TO VIRGINIA;

3. Click on eVA Supplier Training, and

4. Click on Viewing and Responding to Solicitations. If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time.

All inquiries for information should be directed to Deborah.Ayers@vadoc.virginia.gov

The attached Bid Form shall be used for submitting bids. The Bid Form must be completed and the certification located at the bottom of the form completed and signed by an official that has the authority to commit the Firm.

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.

Deborah L Ayers Buyer Senior

TABLE OF CONTENTS

I. PURPOSE PAGE 04

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS) PAGE 04

III. GENERAL TERMS AND CONDITIONS PAGE 12

V. SPECIAL TERMS AND CONDITIONS PAGE 21

VI. METHOD OF PAYMENT PAGE 26

VII. ATTACHMENTS PAGE 27

I. PURPOSE

The purpose of this solicitation is to purchase various fertilizers, liquid and/or dry as specified in II Specifications.

Ton = 2000 pounds. For various Department of Corrections Agribusiness locations throughout the Commonwealth.

LINE ITEM AWARD – MUST COMPLETE BID FORM AND RETURN TO BUYER SENIOR.

The Contractor shall furnish materials as listed in section II, Items A thru O as specified. Contractor must have equipment and man power necessary for delivery and applying fertilizer as stated. Contractor shall provide total rates in pounds per acre and for the total acres requested. All analysis must be equal as stated.

Mileage restrictions are stated if any per that facility. Department of Corrections reserves the right to evaluate bids and/or make awards to bidders whose location exceed the mileage restriction.

No substitution of product allowed without written consent from the Contract Officer.

Agency reserves the right to no award, omit line items as needed by agency.

Delivery and application must be done within 7 calendar days of notification by farm manager.

BID ONLY ON THE ITEMS YOU CAN PROVIDE. TON MUST EQUAL 2000 POUNDS.

DELIVERY AND APPLICATION SHALL BE WITHIN 7 BUSINESS DAYS OF NOTIFICATION

· NOTE: Delivery and application of fertilizer material is time sensitive to planting of crops, therefore:

· Vendors are responsible to maintain their equipment used for applying material. If equipment breaks down while delivering or applying product, vendor shall repair or replace equipment within a 24 hour period to complete project.

· VENDOR TO PROVIDE SDS SHEETS WITH DELIVERIES.

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

A. Augusta Agribusiness

Item # 2 20 Acres fertilizer with an analysis of 60-40-120 per acre at institution. Total must include all material and application fees for 20 acres at Harrisonburg Div Ctr., starting March 15, 2025 until completed. Farm manager will call to schedule.

Cold Springs Correctional Unit 221 Spitler Circle Greenville VA 24440

Item # 4 20 Acres fertilizer with an analysis of 0-50-100 per acre. Total must include all material and application fees for 20 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

B. Baskerville Agribusiness 4150 Hayes Mill Road Baskerville, VA 23915 Shawn Rickman – 434-447-3857

Item # 5 225 Acres Hay land fertilizer with the analysis of; 19-19-19 at 300 lbs per acre. Total must include all material and application fees for 225 acres. Delivery starting after receipt of purchase order until completed. Farm manager will call to schedule.

Item # 6 1 Ton (50# bags) 40 bags fertilizer with an analysis of; 34-0-0 delivered. Total must include all material and delivery fees for 1 ton fertilizer. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

Item # 7 1 Ton (50# bags) 40 bags fertilizer with an analysis of; 19-19-19 delivered. Total must include all material and delivery fees for 1 ton fertilizer. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

Item # 8 1 Ton (50# bags) 40 bags fertilizer with an analysis of; 10-10-10 delivered. Total must include all material and delivery fees for 1 ton fertilizer. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

C. Bland Agribusiness 256 Bland Farm Road Bland, VA 24315 James Penley – 276-688-8776

*NOTE: Bulk fertilizer item vendor must be within 60 miles of Bland Correctional Center for pick up. Items # 12 thru #15 will be picked up by Bland Staff.

Item # 9 122 Acres fertilizer with an analysis of: 60-30-50-18 per acre applied. Total must include all material and application fees for 122 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 10 136 Acres fertilizer with an analysis of: 60-40-100-18 per acre applied. Total must include all material and application fees for 136 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 11 28 Acres fertilizer with an analysis of: 60-30-30-18 per acre applied. Total must include all material and application fees for 28 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 12 14 Acres fertilizer with an analysis of: 30-20-120-30s-5B per acre applied. Total must include all material and application fees for 14 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 13 22 Acres corn ground fertilizer with an analysis of: 40-70-120-35 per acre applied. Total must include all material and application fees for 22 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 14 50 Acres corn ground fertilizer with an analysis of: 50-70-150-35 per acre applied. Total must include all material and application fees for 50 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 15 20 Acres corn ground fertilizer with an analysis of: 40-50-150-35 per acre. Total must include all material and application fees for 20 acres. Delivery starting March 15, 2025 until completed. Farm manager will call to schedule.

Item # 16 Bland will pick up 12 Acres fertilizer with an analysis of: 30-20-30-20s-2b per acre. Total must include all material. Bland will pick up at vendors location (within 60 miles). Pick up to start March 15, 2025 until complete. Farm manager will call to schedule.

Item # 17 Bland will pick up 18 Acres fertilizer with an analysis of: 20-50-50-15 per acre. Total must include all material. Bland will pick up at vendors location (within 60 miles). Pick up to start March 15, 2025 until complete. Farm manager will call to schedule.

Item # 18 Bland will pick up 7 Acres fertilizer with an analysis of: 50-50-100-25s-2b per acre. Total must include all material. Bland will pick up at vendors location (within 35 miles). Pick up to start March 15, 2025 until complete. Farm manager will call to schedule.

Item # 19 Bland will pick up 6 Acres fertilizer with an analysis of: 50-25-75-20 per acre. Total must include all material. Bland will pick up at vendors location (within 35 miles). Pick up to start March 15, 2025 until complete. Farm manager will call to schedule.

Item # 20 8 Ton (16,000 lbs) 320 bags (#50) Water Soluble fertilizer with an analysis of: 20-20-20. Total must include all material and delivery fees for 8 ton. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 21 2 Ton (4000 lbs) 80 bags (#50) Calcium Nitrate. Total must include all material and delivery fees for 2 ton. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 22 6 Ton (12,000 lb) 240 bags (#50) fertilizer with an analysis of: 19-19-19. Total must include all material and delivery fees for 6 ton. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 23 3 ton (6000 lb) Promix (#50/#40) Total must include all material and delivery fees for 3 ton. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 24 5 ton (10,000lb) 200 bags( #50) Potash. Total must include all material and delivery fees for 5 ton. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 25 96 Acres Post Corn Spray with a carrier of:

30 Gall of 30% UAN Infantry 4L, 32oz per acre Clash, 12 oz per acre Bicep II, 48 oz per acre Am Sulphate, 32 oz per acre Calvery II, 2 oz per acre FS AquaSupreme, 8 oz per acre Sotrion 3 oz per acre 41% Glyphosate product 64oz per acre.

Total to include all material and application fees for 96 Acres. Delivery to start April 15, 2025 until completed.

Farm manager will call to schedule.

D. Brunswick Pre-Release Work Center – Agribusiness 1147 Planters Road Lawrenceville, VA 23868 Jason Darden – 434-594-2054

Item # 26 185 Acres Fertilizer with an analysis of: 19-19-19 at 350 lbs per acre. Total to include all material and application fees for 185 acres. Delivery to start March 15, 2025 until complete. Farm manager will call to schedule.

E. Buckingham Agribusiness 1349 Correctional Center Road Dillwyn, VA 23936 Mark Davis – 434-391-5986

Item # 27 240 Acres fertilizer with an analysis of: 50-30-30 with 10 lbs sulfur per acre. Total to include all material and application fees for 240 acres. Delivery to start March 15, 2025 until complete. Farm manager will call to schedule.

Item # 28 220 Acres fertilizer with an analysis of: 60-40-80 with 10 lbs sulfur per acre. Total to include all material and application fees for 240 acres. Delivery to start March 15, 2025 until complete. Farm manager will call to schedule.

F. Coffeewood Agribusiness 12352 Coffeewood Drive Mitchells, VA 22729 Ben Deboer – 540-305-9808

Item # 29 300 Acres fertilizer with an analysis of: 50-0-70 at 222 lbs per acre. Total to include all material and application fees for 300 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

G. Greenrock Agribusiness 1541 Concord Road Chatham, VA 24531 Greg Barts – 434-728-5049

Item # 30 5 Ton (200 bags) (#50) Fertilizer with an analysis of: 17-17-17. Total to include all material and delivery fees for 200 bags. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

Item # 31 5 Ton (200 bags) (#50) Fertilizer with an analysis of: 34-0-0. Total to include all material and delivery fees for 200 bags. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

Item # 32 112 Acres Pasture/Hayland fertilizer with an analysis of: 10-20-20 at 50lbs per acre (5.6 ton). Total to include all material and application fees for 112 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

Item # 33 10 Acres Garden ground AG Lime applied at 1 ton per acre. Total to include all material and application fees for 10 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

H. Jarrett Cow Pasture 901 Corrections Way Jarratt, VA 23870 Richard Turner – 757-653-8414

Item # 34 280 Acres Fertilizer with an analysis of: 60-40-30-10s at 320 lbs per acre. Total to include all material and application fees for 280 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

Item # 35 150 Acres Fertilizer with an analysis of: 60-90-110-10s at 416 lbs per acre. Total to include all material and application fees for 150 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

I. Pamunkey/Caroline

Item # 36 390 Acres Crop/Hay fields AG Lime at a rate of 2 tons per acre. Total to include all material and application fees for 390 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 37 180 Acres Pasture Land AG Lime at a rate of 2 tons per acre. Total to include all material and application fees for 180 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 38 135 Acres Pearl Millet ground fertilizer with an analysis of; 80-60-100 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 135 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 39 135 Acres Fescue hay ground fertilizer with a analysis of; 120-75-120 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 135 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 40 135 Acres Pearl Millet ground fertilizer with an analysis of; 80-80-100 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 135 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 41 20 Acres Cabbage/Broccoli ground fertilizer with an analysis of; 75-50-50 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 20 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 42 15 Acres sweet corn ground fertilizer with an analysis of; 75-60-100 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 15 acres. Delivery to start approximately April 15, 2025 until complete. Farm manager will call to schedule.

Item # 43 35 Acres Pearl Millet ground fertilizer with an analysis of; 80-80-100 per acre. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 35 acres. Delivery to start approximately March 1, 2025 until complete. Farm manager will call to schedule.

Item # 45 - Caroline CU., 31285 Camp Road, Hanover, VA 35 Acres Fescue Hay Fields, 6 ton Ammonium Sulfate. Material shall be delivered in a tender truck and offloaded into a Speed Spread Spreader. Total to include all material and delivery fees for 35 acres. Delivery to start approximately March 15, 2025 until complete. Farm manager will call to schedule J. Sky Meadows State Park 11012 Edmonds Lane Delaphane, VA 20144-1710 David Green – 540-247-6672

Item # 46 465 Acres Fertilizer with an analysis of: 50-0-0 at 136 lbs per acre. Total to include all material and application fees for 465 acres. Delivery to start March 1, 2025 until complete. Farm manager will call to schedule.

K. Southampton Agribusiness 14545 Old Belfield Road Capron, VA 23829 Bill Turner – 757-653-7496

Item # 47 32 Tons Potash with an analysis of; 0-0-60. To be delivered and unloaded into a spreader buggy. Total must include all material and delivery fees for 32 ton potash. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

Item # 48 12 Ton blended fertilizer with an analysis of; 7-18-36. To be delivered and unloaded into spreader buggy. Total must include all material and delivery fees for 12 ton fertilizer. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

Item # 49 32 Tons Liquid Nitrogen (24-0-0-S) unloaded into storage tank. Contractor must provide pump and hose. Total must include all material and delivery fees for 32 tons. Delivery starting after receipt of purchase order until complete. Farm manager will call to schedule.

Item # 50 75 Acres Hay land fertilizer with the analysis of; 62-0-180-18S per acre. Price to include all material and application fees for 75 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 51 163 Acres Hay land fertilizer with the analysis of; 50-91-180-18S per acre. Price to include all material and application fees for 163 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 52 420 Acres pastureland fertilizer with the analysis of; 40-0-0-15S per acre. Price to include all material and application fees for 420 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 53 680 Acres pastureland spray application with the following; 4qt Crossbow with 6oz of Layout drift aid and 1qt to 100 gal surfactant applied per acre. Price to include all material and application fees for 680 acres less 165 gal of Crossbow (already on site). Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 54 200 Acres pastureland spray application with the following: 2 pints of GrazonNext with 6oz of Layout drift aid and 1qt to 100 gal surfactant applied per acre to 200 acres. Price to include all material and application fees for 200 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 55 274 Acres soybean land fertilizer with an analysis of; 0-26-150-13S per acre. Price to include all material and application fees for 274 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 56 274 Acres soybean land - 3 Totes (275 gal) Monty’s 6-24-6-1S-.05 Zn (EDTA) Popup Starter. Price to include all material and delivery fees for 274 acres, 3 totes. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 57 155 Acres corn land fertilizer with an analysis of: 32-0-150-36 per acre. Price to include all material and application fees for 155 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 58 452 Acres corn land fertilizer with an analysis of 42-52-180-36S per acre. Price to include all material and application fees for 452 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 59 587 Acres corn land – 7 totes (275 gal ea) Monty’s 6-24-6-1S-.05 Zn (EDTA) Popup Starter. Price to include all material and application fees for 587 acres, 7 totes. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 60 111 Acres sorghum with an analysis of; 80-39-150-18S per acre. Price to include all material and application fees for 111 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 61 15 Acres crop fields – AG Lime – Applied at 2 ton per acre. Price to include all material and application fees for 15 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 62 25 Acres crop fields – AG Lime – Applied at 1 ton per acre. Price to include all material and application fees for 25 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 63 360 Acres pasture land – AG Lime – Applied at 2 tons per acre. Price to include all material and application fees for 360 acres. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Item # 64 5000 Gallons of 28-0-0-5S to be delivered and transferred to onsite storage tanks. Price to include all material and delivery fees for 5000 gallons. Delivery to start March 1, 2025 until completed. Farm manager will call to schedule.

Bill Turner – 757-653-7496

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.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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: 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/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) 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:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder ) to perform the services/furnish 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 provide the services and/or 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/offerors) 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/offeror) 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 under this solicitation, the bidder 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

Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) $2,400,000 per occurrence, $4,250,000 aggregate (Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.

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…