Electrical Services_VCCS-SWCC-24-57021_Final.pdf

Invitation for Bids

Issue Date: January 26, 2024

IFB Number: VCCS-SWCC-24-57021

Title: Electrical Services

Commodity Code: 91438 - Electrical 91082 - Wiring and Other Electrical Maintenance and Repair Services

Issuing Agency: Commonwealth of Virginia Virginia Community College System Shared Service Center Procurement Intake 147 Daleville Centre Drive Daleville, Virginia 24083

Contract Term: One (1) year with five (5) additional, optional one (1) year renewal periods

Bids will be Received Until: February 13, 2024, at 12:00 PM local time

All Bids must be received ELECTRONICALLY THROUGH eVA by the date and time stated immediately above.

PAPER (MAIL), EMAILED AND/OR FAXED BIDS WILL NOT BE CONSIDERED.

In lieu of a Pre-Bid Conference, questions will be accepted by e-mail to Melissa Ryan through February 2, 2024, at

12:00PM.

Any inquiries regarding this solicitation should be directed only to Melissa Ryan, Senior Contract Officer

Email: mryan@ssc.vccs.edu

A public bid opening will be held on February 13, 2024, at 12:00 PM local time virtually at the following link:

https://vccs.zoom.us/j/86100201968?pwd=eEh3TWNIbXNwMVY3d0JQTGEzbnQwUT09

CONTACTING ANY OTHER REPRESENTATIVE OF THE VCCS OR THE COLLEGE MAY RESULT IN THE BID BEING

DEEMED NON-RESPONSIVE

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned company offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing in eVA, and the undersigned company hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete. COMPLETE AND RETURN THIS PAGE WITH THE BID.

Name of Firm: Date:

Address of Firm:

By:

eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

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 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.e 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.

mailto:mryan@ssc.vccs.edu

Electrical Services

VCCS-SWCC-24-57021

TABLE OF CONTENTS

IFB #VCCS-SWCC-24-57021

SECTION #

SECTION TITLE PAGE #

COVER PAGE **

I. PURPOSE

II. OPTIONAL SITE VISIT

III. SCOPE OF WORK 3

IV. GENERAL TERMS AND CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. SPECIFIC BID PREPARATION

VII. METHOD OF PAYMENT

VIII. ORDERING PROCEDURES

IX. Attachments to Complete and Return with Bid

1– VENDOR DATA SHEET**

2- STATE CORPORATION COMMISSION**

3- PROPRIETARY AND CONFIDENTIAL INFORMATION

FORM**

4- SMALL BUSINESS SUBCONTRACTING PLAN**

5- PRICING SCHEDULE**

6- CERTIFICATE OF INSURANCE (EXAMPLE)*

*Certificate of Insurance (COI) according to the requirement in this IFB must be submitted with bid.

** These items must be completed and returned as part of the bid submission package.

I. PURPOSE

The purpose of this Invitation for Bid (IFB) is to solicit sealed bids from qualified bidders to establish one (1) or more qualified contractor(s) to provide all transportation, labor, supervision, tools, parts, equipment, supplies, materials, and incidental items to provide routine and project related electrical services, on an "as needed basis" including emergency repairs.

Virginia Community College - Shared Services Center (VCCS-SSC) invites any qualified bidders to respond to this IFB by submitting a bid for such work, services, and/or items consistent with the terms and conditions herein set forth.

This procurement is being conducted on behalf of the Virginia Community College System (VCCS). The VCCS consists of 23 colleges with 40 campuses located across the state, as well as two central agencies: the Systems Office and Shared Services Center. All of these VCCS entities may use any awarded contract at their option and as agreed upon between VCCS and the Contractor.

II. OPTIONAL SITE VISIT

An optional site visit can be scheduled directly with Campus Facility Manager. Please contact the Campus Facility Manager to schedule a date and time for your visit. SWCC cannot answer any questions regarding this IFB. All questions must be submitted to the Contract Officer, Melissa Ryan.

Southwest Virginia Community College 635 Community College Rd Cedar Bluff, VA 24609 Phone: (276) 964-7323 Point of Contact: Shannon Musick - shannon.musick@sw.edu

The following Main Campus buildings are Buchanan Hall, Davis Hall, Dellinger Hall, Dickenson Hall, King Community Center, Physical Plant, Russell Hall, Tazewell Hall, Workforce.

The offsite locations are Appalachian Art Center, Bluefield Center, Bluestone Center, Booth Center, Indoor Tennis Facility, Lebanon Center, Southern Gap Transportation & Logistics Center.

III. SCOPE OF WORK

The Virginia Community College System (VCCS) seeks to procure a contractor to provide all transportation, labor, supervision, tools, parts, equipment, supplies, materials, and incidental items of any kind, as necessary, to provide electrical services on an "as needed basis" in accordance with the following specifications, terms and conditions for Southwest Virginia Community College (SWCC).

The contractor shall provide all necessary safety equipment, whenever required, in order to perform in a safe working environment. Work is to be performed in accordance with the most current version of all applicable building codes.

The contractor must be within a fifty (50) mile radius of the VCCS college/campuses for whom it is to provide services.

A Certificate of Insurance (COI) according to the requirement in this IFB should be submitted with bid.

mailto:shannon.musick@sw.edu

A. GENERAL REQUIREMENTS:

1. The Contractor shall provide all necessary transportation, labor, supervision, tools, parts, equipment, supplies, materials, and incidental items and incidental items of any kind, as may be required to provide for the satisfactory completion of any required on-call electrical services on an ”as needed” basis, including projects and emergency repairs. The majority of the scope will consist of installation of electrical devices, electrical system repair and troubleshooting.

The services may include but are not limited to the following:

• Installing and repairing wiring or conductive elements.

• Testing and inspecting electrical work such as wiring and lighting to ensure safe installation and compliance with regulatory codes.

• Planning and designing layouts of fixtures and equipment and wiring pathways inside and outside of buildings.

• Identifying and mitigating safety hazards and code violations.

• Diagnosing electrical issues using diagrams and blueprints

• Disconnecting/connecting indoor and outdoor power.

• Breaker box and breaker installation.

• Repairing and/or installing campus wide lighting for walkways and parking lots.

• Installation of new power sources in identified buildings and grounds.

• Installing 2- and 3-phase power sources.

• Troubleshooting malfunctions.

• Maintaining systems by identifying and repairing electrical issues (dimmers, timers, various operations systems, etc.).

2. The Contractor shall have at a minimum, the following on staff:

• 2 Master Electricians

• 3 Journeyman Electricians

• 4 Junior Electricians

If a bidder lacks the designated or required number of staff members, it is mandatory that a master electrician oversees and completes all necessary work as specified.

3. The Contractor shall provide all necessary safety equipment, whenever required, in order to perform work in a safe working environment.

4. The Contractor shall initiate mobilization within fifteen (15) calendar days upon receipt of notification for all task orders assigned. Furthermore, they shall finish all work within the agreed-upon task order completion date, which will be established at the time of the task order release.

5. The Contractor shall supply materials, equipment, and any rental equipment necessary to meet the contract's specifications. Invoicing for all materials, equipment, and rentals will be based on their actual costs incurred by the Contractor.

6. The Contractor is required to furnish SWCC with a written cost estimate for repair services and secure approval before proceeding. Repair services undertaken by the Contractor without this prior authorization may not be eligible for payment. For repairs arising from an emergency repair call, authorization from the College Contract Administrator will be necessary.

7. Work Plan:

Within ten (10) working days after the award of this contract, the contractor shall submit to the College Contract Administrator, a completed detailed plan of operation. The plan of operation shall identify and restate all performance and work requirements described herein.

a. The name and telephone number(s), including a cell phone of a contact person that has total responsibility of addressing and providing solutions to any deficiencies that may occur.

b. The name of the supervisor and names of all employees assigned to work under this contract.

c. Resumes for all Contractor's employees assigned to work under this contract.

d. A copy of the Contractor's safety program, to include a training schedule and the availability and location of all first aid kits while on the job sites.

e. A copy of the Personal Protective Equipment program in accordance with Occupational Safety and Health Administration (OSHA) 29 CFR 1910 as appropriate.

f. A copy of the Contractor's Hazardous Communications Plan in accordance with OSHA

29 CFR 1910.1200.

B. REGULAR WORK HOURS, OVERTIME HOURS AND HOLIDAYS:

1. REGULAR WORK HOURS:

Regular working hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday, except for SWCC's designated holidays listed below. All services, except for emergency repairs, shall be performed during regular service working hours.

2. OVERTIME AND HOLIDAY WORKING HOURS:

a. Due to campus demands, it may be necessary on occasion for the contractor to perform or provide services on weekends and/or holidays outside of regular https://www.osha.gov/ working hours. All work outside of regular hours shall be coordinated and approved in advance by the College's authorized representative.

b. Services performed in excess of eight (8) work hours a day or forty (40) hours a week or on the weekend will be paid at the overtime rate identified in the Pricing Schedule. Services performed on a SWCC designated holiday will be paid at the holiday rates identified in the Pricing Schedule.

c. Holiday working hour rates refer to the actual holiday and does not include the Friday after Thanksgiving and any additional days SWCC is closed during Winter Break. SWCC observes the following holidays:

• New Year’s Day

• Martin Luther King, Jr. Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Election Day

• Thanksgiving Day

• Christmas Day

• Or any day so appointed by the Governor of Virginia or the President of the

United States

C. CONTINUAL ELECTRICAL-ELECTRICIAN ON-CALL AND EMERGENCY REPAIRS:

1. On-Call Repair Services: The Contractor shall respond to emergency and non- emergency service requests within the following time frames and with the following personnel:

Emergency Call Response:

CALL BACK: Return phone call within one (1) hour from time of initial service.

PERSONNEL: Two (2) man crew on site within two (2) hours of return phone call.

Non-Emergency Call Response:

CALL BACK: Return phone call by next business day.

PERSONNEL: Appropriate crew members shall be on site within three (3) business days of returned phone call, unless waiting for ordered materials (non-shelf items).

Emergencies are events characterized by a discernible risk to the safety, health, or well-being of the facility or its occupants. These would include such circumstances as fire, major flooding, activated fire alarms, complete loss of power or utilities, no heat (which affects the entire building and presents the possibility for potential freeze damage), no air conditioning (which affects the entire building), or severe wind or storm damage.

a. All on-call and emergency repairs shall be performed on a time and material basis. If it is determined that the cause of the failure or malfunction was due to the contractor's failure to properly perform installation and/or repair service then cost for such repairs shall be made at no cost to SWCC.

b. Emergency repairs authorized by the College, occurring outside regular working hours or exceeding eight (8) hours in a day, will be carried out at the overtime hourly rates specified in the Pricing Schedule. If work initiated during regular hours cannot be completed within the day, the Contractor shall obtain authorization for overtime from the College's designated representative before proceeding.

D. WORK PROCEDURES:

1. The Contractor shall instruct his/her employees of the following procedures:

a. On each regular working day, before commencing work, Contractor employees are required to sign in at the Campus Building and Grounds (B&G) office. At the day's end, these employees shall sign out at the Campus B&G Office. However, for work conducted beyond regular hours, Contractor employees shall sign in and out at the Campus Police Office.

b. The Contractor's employees are obligated to provide a timecard detailing each employee's work schedule and, in the case of a repair, submit a copy of the College's written authorization to proceed. The College's authorized representative will document the arrival and departure times of the Contractor's employees. Lunch breaks and other periods away from the job site will not be billed to the College but may be indicated on the time card for tracking purposes.

c. Should the contractor ascertain that work needs to be conducted outside of regular working hours on a previously designated holiday to fulfill requested tasks, they shall submit a request for overtime work. Prior to commencing such work, the contractor is required to obtain approval and subsequently bill at an overtime rate.

i. The request shall include estimated additional hours to complete the work that will ultimately be considered at the overtime rate.

ii. The request may be in the form of an email to the campus Facility Manager or designated representative.

iii. Work can only begin once the campus Facility Manager or designated representative has reviewed and responded back with their written approval for the overtime request.

2. The Contractor shall provide SWCC with a detailed written estimate outlining the cost of repair services and secure prior authorization before proceeding. Services performed by the Contractor without this prior authorization may not be eligible for payment. However, repairs stemming from an emergency repair call will not necessitate written estimates before authorization to proceed; nevertheless, written quotes or estimates for such emergency repairs shall be submitted within three (3) calendar days following the work site visit.

3. The Contractor shall not perform work outside the scope of the contract without express written consent from SWCC.

4. The Contractor shall provide materials, equipment, and rental equipment to fulfill the requirements of the contract. Any materials purchased, or any equipment rented, for the exclusive purpose of servicing SWCC shall be billed at the Contractor's actual invoiced cost. No additional costs of any kind are allowed.

5. The Contractor shall take essential precautions and issue appropriate notifications to prevent property damage while executing services stipulated within this contract. Additionally, the Contractor shall supply all essential barriers, guards, or similar measures to ensure the safety of pedestrians from work areas.

6. All waste and foreign materials shall be removed and properly disposed of by the Contractor.

The entire work area is to be left "broom cleaned" and ready for use at the end of each day's work.

7. If work is temporarily suspended due to inclement weather or upon the Owner's directive, the Contractor shall ensure that all materials and ongoing work are adequately safeguarded against potential weather-related damage. If, as deemed by the Owner, any work or materials incur damage due to the Contractor or their personnel's failure to protect the work and materials adequately, the Contractor will be responsible for removing and replacing all damaged materials at their own expense.

8. Upon concluding the assigned work and before leaving the premises, the Contractor is required to provide the Campus Facility Manager or appointed representative with a service ticket form. This form shall include the following details:

a. Name and address of Contractor.

b. Name of Contractor's employee(s) and working title(s).

c. Date(s) work was performed and hours expended.

d. Confirmation of any pre-approved overtime hours worked, including hours worked that were not initially anticipated.

e. Itemized list of materials used or parts replaced.

f. Description of work performed and equipment identification. Service ticket shall identify the problem, describe the corrective measures taken, and provide the date/time the service was completed.

g. Signature of Contractor's employee(s) and signature of Facility Manager or designated representative. Failure to turn in required maintenance and service tickets for each visit may result in a delayed payment.

9. Labor hours billed under any contract will exclusively cover productive time spent on the job site. Time allocated for tasks such as estimate preparation, worker transportation, material procurement, handling, or delivery of Contractor-owned or rented equipment, as well as breaks for lunch or other periods when employees are off-site, are not directly chargeable.

These aspects are considered as overhead costs and shall be factored into the monthly costs and hourly labor rates.

10. Contractor's Equipment: The Contractor's equipment, whether owned or rented, shall be suitable for the precise task outlined and should not pose any hazards or risks to College properties, tenants, students, staff, or any individuals present on College grounds. Both owned and rented equipment should be maintained in good working condition, ensuring they do not leak fuel or lubricants, generate excessive noise, or emit noxious fumes. Additionally, the Contractor is prohibited from spilling fuel or fueling equipment near storm drain inlets.

a. The Contractor's trucks, trailers, or any equipment, whether owned or rented, shall be parked within designated lines in parking lots and not obstruct roadways. Safety cones or other warning devices are mandatory to alert the public of their presence. Without prior consent from the Facility Manager or their designated representative, the Contractor shall refrain from obstructing any drive lane. For such requests, a notice of forty-eight (48) hours shall be provided to the Facility Manager or their designated representative. It's essential to note that several SWCC roads fall under the jurisdiction of the Virginia Department of Transportation; hence, all work conducted shall adhere to the requirements set by the Virginia Department of Transportation.

b. The Contractor assumes full responsibility for the conduct of their personnel and the operation of equipment in connection with the execution of activities or tasks outlined in the contract. Additionally, the Contractor is obligated to undertake all necessary measures or precautions to safeguard the public from harm and prevent any damage to College-owned or privately owned property situated on College premises.

C. All equipment utilized by the Contractor in executing the assigned work shall meet specific standards of type and quality, effectively performing as intended. It is essential that this equipment operates without causing harm to the public or resulting in any damage to College-owned or privately owned property situated on College grounds.

d. The Contractor shall not drive vehicles in areas not designated for vehicle traffic, such as curbs, sidewalks, and plazas. Moreover, the Contractor shall not operate equipment or vehicles without prior notification to the Facility Manager or their designated representative. In the event that equipment or vehicles shall be utilized on campus, utmost caution shall be exercised to prevent injury to students, faculty, staff, and the public, and to safeguard pavements, plantings, furniture, or any other College-owned property or facilities from damage.

E. CONTRACTOR'S PERSONNEL:

1. The specified work shall be executed by the Contractor's personnel possessing the requisite qualifications, experience, and proficiency in this field of work. These personnel should be under the full-time supervision of the Contractor. It is the Contractor's responsibility to initiate, uphold, and oversee all safety precautions and programs associated with the assigned work.

2. All personnel employed by the Contractor to execute services as outlined in this contract shall undergo comprehensive training in the techniques and methods necessary for their work assignments before commencing any tasks.

3. The Contractor shall provide a proficient operational Supervisor who will oversee the Contractor's personnel and maintenance operations consistently. This Supervisor shall be fluent in English. In cases where a substitution of the Supervisor is necessary, the Facility Manager or designated representative shall receive the name, qualifications, and resume of the substitute Supervisor(s) for review and approval at least five (5) working days before the substitute Supervisor is scheduled to be present on College premises.

4. The Contractor shall be responsible for supplying personal protective equipment to all employees engaged in work under the contract and ensuring its appropriate use.

Additionally, the Contractor shall ensure the presence of a first aid kit at the work site at all times, accessible to Contractor employees. It is the Contractor's responsibility to maintain all supplies within the first aid kit.

5. The Contractor shall supply employees with a company uniform or garment along with a visible photo identification badge containing the employee's name and the company's name, at a minimum. These uniforms or garments, along with the identification badges, are compulsory attire for all Contractor employees while present on SWCC's premises.

Employees shall display their photo identification badges at chest level at all times when conducting work on SWCC campuses. The Contractor is responsible for providing the uniform or garment and photo identification badge at no expense to SWCC.

6. All employees working for the Contractor shall adhere to the policies, rules, and regulations of the College consistently, maintaining proper conduct at all times. The Contractor bears responsibility for the actions and work of their assigned employees while rendering services on SWCC's campuses. It is essential for the Contractor to ensure that all service personnel are visibly identified as employees of the Contractor while fulfilling their job duties at the College.

7. The Contractor's employee(s) shall comply with the regulations set by the College Parking Services Office. All vehicles owned by the contractor or the Contractor's employee(s) shall display valid parking permits while parked on the campus premises. To obtain temporary parking passes, the Contractor's employees should request them from the Campus Buildings & Grounds Office or the designated representative.

8. All work shall be performed in accordance with all Occupational Safety and Health Administration (OSHA), U.S. Environmental Protection Agency (EPA), Federal, State, and local regulations.

9. The Contractor shall obtain all necessary licenses and/or permits required to perform any work.

10. All electricians shall meet the requirements as described in Attachment 5 - Pricing Schedule (Trades Definition and the Trades Functional Description).

F. MATERIALS:

1. All components supplied under the contract shall be new and authentic manufacturer-recommended or authorized replacement parts. The College may approve the utilization of manufacturer-rebuilt or used parts on a case-by-case basis, provided that each part is warranted for an equivalent period and under identical conditions as the new part.

2. The Contractor shall maintain adequate inventory of repair parts on-site or ensure quick accessibility to these parts. This practice is necessary to prevent unnecessary equipment downtime.

3. All parts and materials supplied under this contract shall be offered at the Contractor's actual invoiced cost. No additional charges or overages beyond this cost will be allowed.

G. CONTRACT ADMINISTRATION AND INSPECTION:

Upon award, the College shall designate individuals as authorized representatives to administer the work performed in conjunction with the contract: one (1) Contract Officer Representative for Administration (CORA) and one (1) Contract Officer Representatives for Inspection (CORI) per campus.

1. The Contract Officer Representative for Administration (CORA), also recognized as SWCC's Facilities Inspector or Designated Representative, holds the authority to oversee the Contractor's compliance with the terms stipulated in the resulting contract. As primary interpreters of the contract conditions and evaluators of its execution, they are empowered to ensure its diligent adherence. The Contract Administrator is obligated to utilize all available measures within the contract to guarantee faithful performance. Any observed issues or deviations that potentially breach contract provisions should be promptly reported by the Contract Administrator to the Purchasing Officer via telephone, followed by written documentation for further action.

2. The Contract Officer Representative for Inspection (CORI), also recognized as SWCC's Facilities Manager or Designated Representative, holds the responsibility of arranging and examining all work to ensure its adherence to the assigned contract's provisions. The Contract Inspector (CORI) is tasked with reporting any identified issues or deviations that could potentially violate the contract's provisions to the Contract Officer Representative for Administration (CORA).

H. INVOICING:

1. All invoices shall have the employees name(s), job title(s), and the number of hours worked for each provided service and or maintenance, and contract number..

2. All materials utilized shall be invoiced at the Contractor's actual cost and accompanying all invoices should be duplicates of the original material invoices obtained from the Contractor's supplier. No invoices will be considered unless accompanied by documented evidence of the material cost. Furthermore, upon the College's request, the Contractor is obliged to furnish a copy of page(s) from the list price catalog, highlighting the item(s) and displaying the respective prices clearly.

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 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, 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. 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.

https://eva.virginia.gov/index.html

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 FOR IFBs: 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 has questions about the specifications or other solicitation documents, the prospective bidder 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, which 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) 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. 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:

i. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

ii. 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 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: 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’s decides to issue a notice that requires an adjustment to compensation the contractor 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 shall 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 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 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 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.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.)

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/Code of Virginia §…