FY2027 Site Prep IFB_Final_Addendum 1.pdf

SET ASIDE FOR SMALL BUSINESSES

Commonwealth of Virginia Department of Forestry

STATE-OWNED LAND AND STATE FOREST SITE PREPARATION

2026-27 SEASON

INVITATION FOR BIDS

Issue Date: 6/1/2026 IFB# DOF26- 121104

Commodity Code: 94732, 90514, 98889

Issuing Agency: Commonwealth of Virginia

Department of Forestry

900 Natural Resources Drive, Suite 800

Charlottesville, VA 22903

Locations Where Work Will Be Performed: State-Owned Lands: Nottoway County, Southern Piedmont Agriculture

Research and Education Center (SPAREC), and Virginia State Police Driving

Range.

State Forests: Appomattox-Buckingham, Browne, Cumberland, Chilton

Woods, Conway Robinson, Dragon Run, and Prince Edward-Gallion.

Period of Contract: From July 1, 2026 through June 30, 2027 with four (4) optional one-year renewals.

Initial Performance Period: From July 15, 2026 through September 15, 2026.

Sealed Bids Will Be Received until (2:00 PM June 25, 2026) for furnishing the goods/services described herein and then opened in public. All inquiries for information should be directed to: Thomas Baumann, Procurement Officer thomas.baumann@dof.virginia.gov. All questions must be in writing and will be answered in writing, by email or addendum.

Bids must be submitted through eVA. Instructions for electronic bid submission are linked here.

In compliance with this Invitation for Bid (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

* Virginia Contractor License No. __________________ * DSBSD-certified Small Business No. ________________

Class: __________ Specialty Codes: _______________

Date: ________________________________________

Name And Address Of Firm:

_____________________________________________ By: ________________________________________

_____________________________________________ (Signature In Ink or Certified Digital)

_____________________________________________ Name: ________________________________________

__________________________Zip Code:___________ (Please Print) eVA Vendor ID or DUNS #:______________________ Title: _________________________________________

Email Address: _______________Telephone Number: (___)_________________________ mailto:thomas.baumann@dof.virginia.gov https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-to-qq.pdf

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Instructions for submission: For your bid to be considered, complete all of the following steps.

1. Fill all applicable fields and sign page 1 of this IFB

2. Complete the Pricing Schedule (Page 21)

3. Complete ATTACHMENTS 3, 4, 5 and 6. (Pages 47 through 53 of this IFB)

4. Submit this completed IFB electronically to the VBO posting on eVA prior to bid close: 2:00pm - June 25, 2026 bid close.

TABLE OF CONTENTS FOR IFB # DOF26 121104

PAGE

I. PURPOSE…………………………………………………………………………………………………………...4

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

III PREBID CONFERENCE……………………………………………...……………………………………………9

IV. GENERAL TERMS AND CONDITIONS………………………………………………………………………….9

V. SPECIAL TERMS AND CONDITIONS…………………………………………………………………………...18

VI. METHOD OF PAYMENT…………………………………………………………………………………….……20

VII. PRICING SCHEDULE……………………………………………………………………………………………..20

VIII. ATTACHMENTS…………………………………………………………………………………………………...21

I. PURPOSE:

The purpose and intent of this Invitation for Bid is to obtain a Virginia Pesticide Licensed and insured, aerial and ground herbicide applicator to apply a site preparation herbicide mix to control the natural pine and hardwood regeneration located in the Commonwealth of Virginia. See Attachment 2 for list of stands.

II. SCOPE OF WORK/DESCRIPTION OF ITEM:

A. CONTRACTOR RESPONSIBILITIES AND RIGHTS

1. General: Contractor agrees to furnish all labor, supervision, insurance, tools, equipment, and chemicals, and to apply herbicides in accordance with the terms and specifications of this agreement.

2. Independent Contractor: The Contractor, his employees and agents are not to be, at any time, considered servants, agents, or employees of the Commonwealth of Virginia, nor of any department or division thereof, but instead are considered to be independent contractors.

3. Sub-Contract: The Contractor shall not offer or sublet to subcontractors without first securing the consent of the Department. Consent by the Department to any such subletting shall not relieve the Contractor of full responsibility and liability for the work to be performed by the subcontractor.

4. Contractor shall notify the Department of the names and addresses of all subcontractors as soon as they are determined and such notices shall include the location, nature and extent of the work to be performed.

5. Chemical Purchases: It shall be the responsibility of the Contractor to secure and/or purchase the appropriate chemical, supplies, additives, etc., to meet the requirements of this agreement.

6. Contractor also agrees to comply with all laws, rules and/or regulations applicable to the safe performance of such work, including without limiting the generality of the foregoing, Public Law 91-596, Title, "Occupational Safety and Health Act of 1970."

7. All appropriate certification and licensing, required by the Environmental Protection Agency and Virginia

Department of Agriculture and Consumer Services, pertaining to the use and application of herbicides shall be the responsibility of the Contractor. Certifications, licenses and/or permits shall be valid for the period of application and available for inspection by federal, state, and local authorities having jurisdiction over this project. Copies of these certificates, licenses, and permits shall be made available to the

Department upon request. (see Section 5.7 for a complete list of requirements)

8. All equipment, supplies, and chemicals, as well as mixing, loading and application shall be subject to inspection by the Department at any time during this project.

9. Contractor Safety: Contractor agrees to perform the work in a safe and careful manner and to furnish and use, and require its employees to use, such safety devices, methods and measures as are required by the

Worker Protection Standard to protect its employees, its subcontractor's employees, the employees of others engaged in the work, and the public against bodily injury or damage to property.

10. Damage Claims: Should the Contractor receive notice of any damage claim, he shall, in turn, notify the

Department within 10 days specifying, nature of damage, and name and address of the person making said claim. The Contractor shall also contact the person making the claim within 10 days to begin the process for resolution of the claim. Upon resolution of the claim, the Contractor will inform the

State Lands Director of the resolution. Failure of the Contractor to comply shall be deemed a serious violation that may result in contract termination.

11. Contractor Rights: The Contractor reserves the right to halt spray operations when the Department or one of its representatives, fail to meet their responsibilities as outlined in this contract.

12. The Contractor agrees to comply with all laws, rules, and/or regulations applicable to the safe performance of such work, including the generality of the foregoing, Public Law 91-596, Title “Occupational Safety and Health Act of 1970”.

13. The Contractor reserves the right to halt spray operations when, in the Contractor's opinion, conditions are unsafe for herbicide applications.

14. The Contractor must communicate with the Department of Forestry, State Forest (Shannon Lewis:

434-326-2364) prior to the herbicide application taking place on the Appomattox-Buckingham State

Forest; to advise them of the date the work will be started and completed.

15. The Contractor must communicate with the Department of Forestry, State Forest (Tom Snoddy:

540-273-6148) prior to the herbicide application taking place on the Cumberland State Forest; to advise them of the date the work will be started and completed.

16. The Contractor must communicate with the Department of Forestry, State Forest (Dennis Gaston:

804-840-5493) prior to the herbicide application taking place on the Browne, Chilton Woods, and

Dragon Run, State Forests; to advise them of the date the work will be started and completed

17. The Contractor must communicate with the Department of Forestry, (Kirby Woolfolk: 434-995-

8096) prior to the herbicide application taking place on Southern Piedmont Agriculture Research

Education Center and Virginia State Police Driving Range to advise them of the date the work will be started and completed.

18. The Contractor must communicate with the Department of Forestry, State Forest (Kirby Woolfolk:

434-995-8096) prior to the herbicide application taking place on the Prince Edward Gallion State

Forest; to advise them of the date the work will be started and completed.

19. The Contractor must communicate with the Department of Forestry, (Jack Kauffman: 540-395-

1226) prior to the herbicide application taking place on Conway Robinson State Forest; to advise them of the date the work will be started and completed.

B. DEPARTMENT RESPONSIBILITIES AND RIGHTS

1. The Department’s Integrated Forest Resource Information System (IFRIS) maps and State Forest maps that are attached to this Invitation for Bid will be used as the project’s spray map.

2. INGRESS AND EGRESS: The Department will allow right of ingress and egress for all employees, materials and equipment of the Contractor necessary to the project.

3. The Department’s Area Foresters or Technicians will be available prior to the beginning of the contract period to show the tract to the Contractor. Boundaries shall be designated on the ground by flagging, fire lines, boundary markers, or other satisfactory means.

4. The Department reserves the right to halt the spray operation at any time when, in the opinion of the

Department, the Contractor violates the contract or the Contractor's performance is unsafe, or otherwise unsatisfactory.

5. The Department reserves the right to reject any and all bids.

6. The Department reserves the right to inspect all contractors and subcontractors’ operations at any time.

C. DATES OF APPLICATION

1. The initial contract period herbicide application will be completed within the dates of July 15, 2026 and

September 15, 2026.

2. The contractor shall furnish and deliver each of the following as specified, during the contract period:

a) Site Prep Spray on 697.3 acres (135.1 acres ground, 467.1 acres aerial and 95.1 acres by drone) in the Commonwealth of Virginia:

i) An appropriate aerial delivery system for Site preparation of 467.1 acres harvested areas using the following mixture: 4 Qts. Prep It + 3 Qts. 5.4 Glyphosate + 2 Oz.

Detail + 9.6 Oz. Liberate applied at 15 gallons per acre.

ii) An appropriate ground delivery system for Site preparation of 135.1 acres harvested areas using the following mixture: 20 Oz. Imazapyr formulation (4lb ai/gal) + 3 Qts.

5.4 Glyphosate + 21 oz. Garlon XRT + 9.6 Oz. Liberate applied at 15 gallons per acre.

iii) An appropriate drone delivery system for Site preparation of 95.1 acres harvested areas using the following mixture: 4 Qts. Prep It + 3 Qts. 5.4

Glyphosate + 2 Oz. Detail + 9.6 Oz. Liberate applied at 5 gallons per acre.

*In the event that Prep It is unavailable, the equivalent formulation of Glyphosate and Imazapyr may be used in lieu of Prep It.*

**Appropriate substitutes to formulation or application methodology may be used with prior approval and / or written addendum. **

D. DELIVERY SYSTEM AERIAL APPLICATION BY HELICOPTER:

1. The delivery system shall be restricted to the Chemical Label specifications and/or Label volume mean diameter (VMD) recommendation guides for the selection and setup of the spray system. But in no case should an aerial forestry herbicide application deliver a droplet size distribution smaller than the

ASAE coarse to very coarse category, 430-655 microns, for spray heights above 10 feet, and the percentage of very fine droplets must be less than one percent. The Department may request verification that boom, and delivery system meet above requirements.

The nozzles shall be kept clean and free of blockage at all times. At least 12 extra sets of usable and ready nozzles shall be on hand at all times while applications are being made. Cut-off valves shall be of a design to assure positive cut-off at all times when not spraying. Dripping nozzles shall be cause for stopping spray operations.

2. The boom must be mounted in the front of the aircraft and be located in static air outside of aircraft displacement.

3. All nozzles and connections of the delivery system shall be free of leaks and spills. Failure to secure a completely closed system shall constitute reason for stopping spray operation.

4. The spray delivery system must be capable of applying chemical spray having a minimum swath width of 45 feet from the helicopter flying at least 100 feet above the ground, permitting a uniform distribution of the chemical mixture at the rate of 15 gallons per acre in a single pass for site preparation spraying.

E. DELIVERY SYSTEM AERIAL APPLICATION BY DRONE:

1. The delivery system shall be restricted to the Chemical Label specifications and/or Label volume mean diameter (VMD) recommendation guides for the selection and setup of the spray system. But in no case should an aerial forestry herbicide application deliver a droplet size distribution smaller than the ASAE coarse to very coarse category, 430-655 microns, for spray heights above 10 feet, and the percentage of very fine droplets must be less than one percent.

2. All drone spray work shall be conducted in such a way as to ensure a uniform distribution of the chemical mixture at the rate of 5-8 gallons per acre for site preparation spraying. (5 gallons per acre minimum.)

3. The nozzles shall be kept clean and free of blockage at all times. At least 12 extra sets of usable and ready nozzles shall be on hand at all times while applications are being made. Cut-off valves shall be of a design to assure positive cut-off at all times when not spraying. Dripping nozzles shall be cause for stopping spray operations.

4. All nozzles and connections of the delivery system shall be free of leaks and spills. Failure to secure a completely closed system shall constitute reason for stopping spray operation.

5. DOF requests any that the following drone application data be submitted with invoice: average flight of drone height per site, GPA used, and range of micron size used.

F. SUPPORT SYSTEM AERIAL or GROUND APPLICATION:

1. The Contractor will provide qualified personnel; including a forester (as defined by the Code of

Virginia, a Certified Forester (CF) or a Candidate Certified Forester (CCF) certified by the Society of

American Foresters) with at least three (3) years aerial spray experience for forestry site preparation as wells as a current Virginia Commercial Pesticide Applicators Certificate in Forest Pest (category 2) to be on site for all aerial application operations. The Contractor will provide the forester’s “credentials” to the State Spray Coordinator prior to the beginning of the contract. The Contractor will also provide equipment to adequately facilitate herbicide mixing, hauling, personnel movement, loading and fueling during the application. This support group will be responsible to the Contractor and will do those things necessary to provide efficient application at each site. This group and equipment will be expected to move from heliport to heliport as the application service moves from area to area. The Department will not provide transportation for Contractor's personnel.

2. The Contractor should have adequate support forces, aircraft, equipment, and personnel to effectively carry out a day of spraying within a given area if and when weather and other factor's permit continuous operations.

3. The Contractor will have approved metering/measuring devices which will accurately measure the volume of herbicide, water and other required additives into the mixing tank. There will also be an approved metering/measuring device which accurately measures the volume of herbicide mix as it is loaded onto the aircraft.

4. The Contractor will provide the Department evidence that all metering devices employed have been inspected and calibrated by a licensed inspector within two months of the beginning of the contract.

5. The Contractor will ensure a minimum of 30 minutes agitation when mixing a full multi-compartment tank of herbicide, surfactant, and water. Single tank mixes of 1,000 gallons or less will be agitated for a minimum of 15 minutes. Mixes that have sat for six (6) or more hours after mixing will be agitated for at least 15 minutes before applying.

6. The Contractor will maintain a completely closed ground support system with all nozzles having quick shutoff valves, all connections leak free and all valves able to completely stop the flow of herbicide and/or mix. Failure to maintain a completely closed system shall constitute reason for stopping spray operations.

7. The contractor shall have installed and working in the aircraft a geographic positioning system (GPS) capable of defining, recording, and displaying flight line information comparable to and compatible with the following systems: Satloc®, Trimble®, AG-NAV®. The system shall be used on each tract treated by aerial methods in the contract to achieve precise, accurate spray swathing on each acre to be sprayed. The pilot will keep tract specific information for each tract treated. Failure to maintain an operable GPS shall constitute reason for stopping spray operations.

8. The contractor shall electronically store the “tract specific” GPS flight line information so generated until October 1, of the year following the program year; and if requested by the Department, shall extract data on file to show proof of application on a specific parcel(s) sprayed under the contract. The information will be made available to the Department in an electronic format that is usable in ARC GIS software. The preferable format would be the “Shapefile” format.

9. Woody vegetation will be treated in such a manner to achieve 90% coverage of the treatable area as determined by the Department in the growing season following the program year.

10. The Department’s tract map represents the area and acreage to be sprayed. Many of the tracts are measured by the DOF with GPS. These GPS acres will be identified by a column in the landowner contact spreadsheet. Tracts that are measured by GPS will not be billed for more acres than were determined by the DOF GPS measurement. If there are acreage differences on non-GPS tracts the

Department Forester will allow up to 2-acre difference in Department spray acreage to the Contractor’s spray acreage and will adjust the application acres accordingly upon receiving GPS documentation from the contractor. Any differences higher than 2 acres may be re-measured by the contractor and/or DOF and both entities must come to an agreement on final acres.

G. SITE PREPARATION CREW

1. Crew will pick up all trash associated with the site preparation project and dispose of properly in an approved manner.

H. GROUND SITE PREPARATION SPECIFICATIONS

1. Delivery System Ground Application

a) The delivery system shall be restricted to a hand directed foliar spray or broadcast skidder/tractor application. No component of the delivery system shall leak. Leaking will be cause for stopping treatment operations.

I. SITE PREPARATION REQUIREMENTS

1. Satisfactory coverage of herbicides

2. Hand Directed Foliar Spray Application a) Woody vegetation will be treated in such a manner that 90% of the pines on the tract will be free-to-grow as determined by the Department in the growing season following the program year. b) Stems more than 9 (nine) feet at the time of application shall be treated in a manner agreed upon by the contractor and the Department. c) Treatment will be concentrated on woody and herbaceous vegetation.

3. Broadcast Skidder Application:

a) Woody vegetation will be treated in such a manner to achieve 90% coverage of the treatable area as determined by the Department in the growing season following the program year.

b) Stems more than 9 (nine) feet at the time of application shall be treated in a manner agreed upon by the contractor and the Department.

4. Support Systems Ground Application:

a) The Contractor will provide qualified personnel and equipment to adequately facilitate mixing, herbicide hauling, personnel movement, loading and fueling during the application. This support group will be responsible to the Contractor and will do those things necessary to provide efficient application at each site. This group and equipment will be expected to move from tract to tract as the application service moves from area to area. The Department will not provide transportation for Contractor's personnel.

b) The Contractor will have approved metering/measuring devices which will accurately measure the volume of herbicide, water and other required additives into the mixing tank. There will also be an approved metering/measuring device which accurately measures the volume of herbicide mix as it is loaded onto the application equipment.

c) The Contractor will provide the Department evidence that all metering devices employed have been inspected and calibrated by a licensed inspector within two months prior to the beginning of the contract.

d) The Contractor will ensure a minimum of 30 minutes agitation when mixing a full multicompartment tank of herbicide, surfactant, and water. Single tank mixes of 1,000 gallons or less will be agitated for a minimum of 15 minutes. Mixes that have sat for six (6) or more hours after mixing will be agitated for at least 15 minutes before applying.

e) The Contractor will maintain a completely closed ground support system with all nozzles having quick shutoff valves, all connections leak free and all valves able to completely stop the flow of herbicide and/or mix. Failure to maintain a completely closed system shall constitute reason for stopping spray operations.

f) The Department’s tract maps represent the area and acreage to be sprayed. If there are acreage differences, the Department Forester will allow up to 2-acre difference in Department spray acreage to the Contractor’s spray acreage and will adjust the application acres accordingly upon receiving GPS documentation from the contractor. Any differences higher than 2 acres may be re-measured by the contractor and/or DOF and both entities must come to an agreement on final acres.

J. INSURANCE:

1. By signing and submitting a bid under this solicitation, the Bidder certifies that if awarded the contract, the

Contractor will submit their own and all subcontractor’s appropriate documentation of the required insurance coverage’s to the Department of Forestry prior to the beginning of the contract.

2. Bidders must hold and maintain the insurance minimum insurance itemized in the General Terms and

Conditions as well as the VDACS minimum insurance requirements for Virginia Pesticide Business

License holders.

3. The Bidder certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage’s will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

III. PREBID CONFERENCE: A prebid conference has been determined as unnecessary for this solicitation; however, a site visit to view the property is permissible upon request and availability of the State Lands Manager. Contact Ed Stoots (ed.stoots@dof.virginia.gov / 540-492-0152) schedule.

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/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).

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

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, status as military family, 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.

g. 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. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs

1. (For Invitation For Bids): 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.

2. (For Request For Proposals): Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and

Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

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

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the

Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

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 accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF (BIDDERS/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/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.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

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

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the

Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the

Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the

(bidder/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.

S. 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.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded.

For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or 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.

W. 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.