Fence QQ _ Dillwyn.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

CORRECTIONS CONSTRUCTION UNIT

3600 WOODS WAY BLD 74

STATE FARM, VA. 23160

QUICK QUOTE (UNSEALED BID)

SET-ASIDE FOR SMALL BUSINESS AWARD

PRIORITY

Date Issue: 4/10/2024

*See Eva Bid Posting for Bid Due Date and Time

Title: Commercial Fence Materials – Furnish & Deliver Only

Commodity Code: 33069

Issuing Agency: Department of Corrections Corrections Construction Unit 3600 Woods Way, Bldg. 74 State Farm, Va. 23160

Delivery Location: Department of Corrections Corrections Construction Unit 3600 Woods Way, Bldg. 74 State Farm, Va. 23160

Inquiries for information regarding this bid document or your eVA response should be directed to Jonathan Pence at 804- 372-4184 or at jonathan.pence@vadoc.virginia.gov

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.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 or request for proposal.

mailto:jonathan.pence@vadoc.virginia.gov

I. INSTRUCTION TO BIDDERS:

A. PURPOSE: The purpose of this solicitation is to obtain quotes from bidders and to make an award to ONE responsive and responsible contractor who must furnish and deliver only, FOB destination, Commercial Fencing and Barbed Tape Materials per specifications and quantities listed in pricing schedule.

B. PRODUCT SPECIFICATIONS: Product specifications pages 10-13 of this document.

C. PRODUCT INFORMATION: The bidder should clearly and specifically identify the product being offered by enclosing complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered nonresponsive.

D. BIDDERS SUBMITTAL: All bidders must show manufacturer and model number of offered products bid response. Bidders should upload with the bid, Product Data for each type of product. Include construction details, material descriptions, and dimensions of individual components and profiles, finishes, include rated capacities, operating characteristics, and furnished specialties and accessories and any additional information deemed necessary for bid evaluation.

a. Additional information may be required for bid evaluations and if requested by the purchasing agency must be delivered within 7-calendar days following the date of request.

Failure to comply with this entire special condition may cause the bid to be considered non-responsive. Any deviations from requested specifications must be noted in bid response and submittal request.

II. 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 http://www.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/proposals), (bidders/offerors) 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:

http://www.eva.virginia.gov/

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/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), 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. 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.

I. PAYMENT:

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).

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.

J. 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.

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) 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/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. 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.

M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

N. CHAES TO THE CONTRACTNG: 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.

O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them 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.

P. 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.

Q. 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/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) 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.

S. OMITTED

T. 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 on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

U. 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 use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

W. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

1. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

a. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

b. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

2. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

X. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Y. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD

PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

Z. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

AA. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

BB. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engauge in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

III. SPECIAL TERMS AND CONDITIONS

A. AWARD CLAUSE: An award will be made to the lowest responsive and responsible bidder.

Evaluation will be based on net prices, Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

B. EVALUATION CRITERIA:

a. Bid signature

b. Bid Price

c. Responsible Bidder: Regular dealer for the offered product and the financial resources and ability of the bidder to perform the contract.

d. Responsive bid submission per requirements of this IFB.

C. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (30) days.

At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

D. eVA ORDERS AND CONTRACTS: The solicitation/contract may result in one order with the applicable eVA transaction fee assessed for each order.

E. METHOD OF PAYMENT: Payment terms are net 30. Payments will be made 30 days upon receipt of invoice following satisfactory receipt of materials. The Contractor must submit invoices directly to the payment address shown on the purchase order. Any payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. Payment will be made in accordance with the Prompt Payment Act of Virginia. Payment to be made with electronic transfer. Payment will be made thirty (30) days after receipt of goods or a valid invoice, whichever is later.

For valid invoices in the amount of $10,000 or less, or any then-current charge card small dollar usage threshold, Contractor shall accept payment using the Commonwealth of Virginia’s Small Purchase Charge Card (SPCC) and shall not include additional fees to process payments via the SPCC, if the SPCC card is offered for payment. For any amount exceeding $10,000, or any then-current charge card small dollar usage threshold, Contractor shall accept payment by the Commonwealth’s alternate payment methods such as check or any other method to which the Contractor may have entered into an agreement with the Commonwealth to agree to receive funds, such as EDI or ePayables. Payment may be made by any other duly authorized official payment method or card as mutually agreed upon between any Authorized User and the Contractor.

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

a. Agency desired delivered time: 60 calendar days after receipt of order.

b. Due to abnormal Pandemic related manufacturer lead-times, bidders are requested to enter their best offered delivery dates.

c. The offered delivery date may be a factor in the award.

G. DELIVERY NOTIFICATION: The agency must be notified a minimum of 48-hours prior to delivery of any items so that personnel may be available to receive and verify items received.

Notification must be made to: Jonathan Pence 804-372-4198

H. DELIVERY HOURS: Delivery of any materials will be Monday-Thursday 7:30am-3:30 pm only.

Recognized Virginia State Holidays excluded. Deliveries at any other times will be rejected from receipt. DELIVERIES WILL NOT BE ACCEPTED ON FRIDAYS

I. SHIPMENT DOCUMENTATION: A fully detailed packing list must be provided with each delivery by the Contractor. A complete verification of all items delivered will be completed by the Agency and the Contractor delivery personnel prior to a sign off of any delivery documentation.

J. WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid/proposal.

V. PRICING SCHEDULE MATERIALS SPECIFICATIONS: “Any bidder who enters $0 or no value on a pricing blank their bid shall be considered nonresponsive.” all items must be priced and offered to be considered for an award.

DOMESTIC REQUIREMENT: ‘Where noted’ products offered shall be domestically manufactured in compliance with applicable local, state and federal specifications Certification of domestically manufactured compliance is required in bidder’s submittal package

Item # QTY Unit Description Unit Price Extended Total Chain link fence fabric shall be DOMESTIC manufactured and shall be made of chain-link fence fabric produced by methods recognized as good commercial practices.

Each length of chain-link fence fabric shall be tightly rolled and firmly tied. Each roll shall carry a tag showing the class of coating, the specified wire size, the mesh size, the specified length, and height of fabric in the roll, ASTM designation A392 and the name or mark of the manufacturer.

Provide fence fabric in one-piece heights measured between top and bottom of outer edge of selvage. Comply with ASTM A392, CLFMI CLF2445, and with requirements indicated below:

1. Steel Wire Fabric: Zinc Metallic coated.

2. Fabric, 12-feet high, x 50-feet length ± 1%.

a. Wire Diameter:

1) 0.148-inch, 9 gage.

b. Mesh Size: 2-inch diamond.

c. Steel wire helically wound and interwoven in such a manner as to provide a continuous mesh without knots or ties.

d. Weight of Metallic (Zinc) Coating: ASTM A392, Type II, Class 2, 2.0 oz/ft² average with zinc galvanized coating applied before weaving. (GBW)

e. Coat selvage ends of fabric that is metallic coated before the weaving process with manufacturer's standard clear protective coating.

3. Selvage: Twisted and barbed x knuckled

1 40 Rolls Fence fabric; 12 foot height x 50 foot length

Round steel pipe shall be domestically manufactured and in compliance with applicable local, state, and federal specifications and each section stamped with ‘Made in U.S.A.(America)-inch. Certification of Domestically Manufactured Compliance must be included with bidders’ submittal package.

All sizes listed are as Standard Fence Industry sizing.

Pipe specification materials Group IC in compliance with ASTM F1043; minimum yield strength 50,000-psi hot dipped galvanized after fabrication with a zinc coating of a minimum of 0.9-ounce ft2 as determined by ASTM A90 testing. Group 1C pipe shall have external coating process per Type B zinc with organic overcoat and polymer clear coat and the internal coating process zinc rich as Type B or D, Type designations to follow ASTM F1043.

2 38 Each ASTM F1043-Group IC pipe trade size 4-inch x 16’ (4.000-inch OD actual pipe size)

3 8 Each ASTM F1043-Group IC pipe trade size 4-inch x 21’ (4.000-inch OD

4 160 Each ASTM F1043 Group IC pipe trade size 3-inch X 15’ (2.875-inch OD Actual Pipe Size)

5 305 Each ASTM F1043-Group IC line rail trade size 1-5/8-inch x 21' (1.660-inch OD

6 40 Each ASTM F1043-Group IC line rail trade size 2-inch x 24' (1.900-inch OD

All fence fittings and accessories shall be fabricated from malleable or pressed steel, manufactured as noted and in compliance with ASTM F 626 and hot dip galvanized and in compliance with ASTM A-123, A-153, and F- 626)

7 40 Each Dome malleable or pressed steel post caps 4-inch

8 100 Each Line Rail connector sleeves 1-5/8-inch x 6-inch

9 100 Each Rail End Brace Combo Cup, 1-5/8-inch (1.66-inch)

10 400 Each Tension Bands beveled edge 12- Gauge 4-inch x 7/8-inch

11 250 Each Tension Bands beveled edge 12- Gauge 2-inch (1.900) x 7/8-inch

12 50 Each Brace Bands, beveled Edge 12-Gauge 3-inch (2.875) x 7/8-inch

13 50 Each Brace Bands beveled edge, 12-Gauge 4-inch x 7/8-inch

14 160 Each

Galvanized pressed steel single arm per ASTM F626 with provisions for attaching barbed wire. Provide arms with hole for applications with top rail. Arms shall withstand 250 lb.

(113.5 kg) downward pull at outermost end of arm without failure.

Type I, 45°. Barbed Arm sized for attachment to fit 2.875 OD - 3” nominal post.

15 10 Each

Galvanized pressed steel barb arm per ASTM F626 with provisions for attaching barbed wire. Arms shall withstand 250 lb. (113.5 kg) downward pull at outermost end of arm without failure. Type I, 45° 3 strand single arm. Barbed Arm sized for attachment to fit 4.000-inch OD actual pipe size.

16 50 Each Galvanized steel tension (Stretcher) Bars 3/16-inch Thick x 3/4-inch Wide x length for 144-inch fabric height

17 10 Each Truss rods 3/8-inch x 11’ galvanized steel rod threaded with nut & washer.

18 10 Each Truss rod tighter steel galvanized coated for 3/8-inch rod

19 480 Each Line Rail (Boulevard) clamps 3-inch (2.875-inch) x 1-5/8-inch (1.66-inch)

20 25 Each Line End Rail clamps 4-inch X 1-5/8-inch (1.66-inch)

21 2000 Each Carriage Bolt Hot-Dipped Galvanized with hex nuts 3/8-inch x 3-inch

22 2000 Each Carriage Bolt Hot-Dipped Galvanized with hex nuts 5/16-inch x 2-1/4-inch

23 6000 Each

Steel easy twist ties 6-guage wire 2oz galvanized zinc coated sized for 1-5/8-inch OD pipe and 2-inch wire mesh with 3 full twist

24 1000 Each

Steel easy twist ties 6-gauge wire 2oz galvanized zinc coated sized for 2-

25 2000 Each

Steel easy twist ties 6-gauge wire 2oz galvanized zinc coated sized for 3-

26 1000 Each

Steel easy twist ties 6-gage wire 2oz galvanized zinc coated, sized for 4-

27 36 Each

Industrial Gate Hinge Malleable Iron Non-Lift Off Offset, with U-Bolts designed for 180 Degree swing, sized for 2” pipe (1.900-inch) OD gate Frame and 4-inch Nominal Gate Post.

28 8 Each

Industrial Fulcrum style pedestrian walk gate latch, galvanized commerical grade pressed steel 2”-pipe (1.900) inch OD gate frame and 4-inch round gate post , designed for use with padlock

29 8 Each

Industrial drop road and latch kit for double truck gate, 1-7/8-inch round gate frame, designed for use with padlock

30 8 Each Center stop for double drive gate latch drop rod, malleable iron

Stainless Steel Wire reinforced single coiled Concertina barbed tape, 30-inch (+\- 1.0-inch) outside diameter-barbed tape fabricated from AISI 430 stainless steel hardened to Rockwell (30) 37 minimum. Strip measurement +/- 0.025 inch by 1 inch before fabrication. 4-barb clusters spaced 4 inches on center with individual needle-sharp barbs having a length not less than 2.4 inches tip to tip. Barb set, manufacturer’s standard. Each loop shall have 23 +\- 1 barbs. The barbed tape shall be permanently cold-clenched over an austenitic stainless steel, core wire, .098 inches in diameter with a minimum tensile strength of approximately 140 ksi in accordance with ASTM A-478. The stainless steel strip between barb clusters =.0325-inch wide minimum, after roll forming, to create two cut-resistant, strengthening flanges extending out from the wire.

Adjacent helical coils shall be clipped together in three locations around the circumference to obtain a concertina effect. Attachment spacing of the extended coils shall be 16 inches. Each coil shall have 31 coil loops and clipped to cover 20 linear feet when fully extended. Clips shall be fabricated from stainless steel. Clip dimensions are 0.065 inch by 0.375 inch. Clips shall be capable of withstanding a minimum pull load of 200 lbs.

Roll weight approximately 17 lbs.

31 150 Coil Stainless Steel Wire reinforced Single coiled Concertina barbed tape, nominal 30-inch diameter coil

Barbed tape single loop circle rings, Stainless Steel/ Stainless Core 18” OD fabricated from Type 430 stainless steel conforming to ASTM A176. Stainless steel shall be 1-inch wide before fabrication by .025-inch thick, and shall be hardened to Rockwell (30N) 37-40. The stainless steel strip shall have clusters of four (4) barbs, each a minimum of 1.2-inch long, punched at 4-inch centers. Fabricated (punched) barbed tape shall be reinforced by permanently cold clenching it around a reinforcing wire. Reinforcing wire shall be .098-inch diameter 304 austenitic stainless steel conforming to ASTM A580, with a minimum tensile strength of 140,000 psi. The stainless steel barbed tape shall be permanently roll formed about the core wire with a minimum wrap of 230 degrees. The finished reinforced barbed tape shall be a minimum of 0.325-inch wide in the throat area and shall exhibit two cut-resistant flanges. These flanges shall taper off in the immediate vicinity of the barb clusters to allow maximum barb penetration. The finished reinforced barbed tape shall have two continuous cut-resistant strengthening flanges. Each loop end shall be overlapped approximately 1-inch and clipped to form a single loop. The stainless steel clip shall be fabricated from .375-inch x .065-inch and mechanically closed to withstand a minimum pull load of 200 pounds.

32 1000 Each 18” nominal diameter single barbed loops

Stainless Steel Hog Rings: 12-gauge 304 stainless steel hog rings, approximate 1-1/4-inch outside open dimension x .105 diameter wire. 50-lb bulk box

33 3 Box 12-gauge stainless steel hog rings 50-lb box

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DELIVERY: Specify your best estimated delivery time: after receipt of order. This may be a factor in making the award. ____________________________ days after receipt of order