Grounds Maintenance_VCCS-LRCC-24-58696_IFB Final.pdf

Invitation for Bids (SEALED)

Issue Date: March 26, 2024

IFB Number: VCCS-LRCC-24-58696

Title: Grounds Maintenance Commodity Code: 98836- Grounds Maintenance: Mowing, Edging, Plant (Not Tree) Trimming, etc.

98875- Roadside Maintenance Services (Including owing, etc.)

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

Contract Term: One (1) year with an additional four (4) optional one-year renewals

Bids will be Received Until: April 15, 2024, at 12:00 PM local time and publicly opened

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

EMAILED AND OR FAXED BIDS WILL NOT BE CONSIDERED.

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

BEING DEEMED NON-RESPONSIVE.

In lieu of a Pre-Bid Conference, questions will be accepted by e-mail to Tiffany Ollie through April 2, 2024, any inquiries regarding this solicitation should be directed only to: Tiffany Ollie, Strategic Sourcing Supervisor at tollie@ssc.vccs.edu

A public bid opening will be held on April 15, 2024, at 12:00 PM virtually at the following link:

https://vccs.zoom.us/j/84329889420?pwd=VVoybEc0c0dhOVNYbUU2RndueUVJdz09

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

COMPLETE AND RETURN THIS PAGE WITH THE BID

Name of Company: Date:

Address of Company: By: Signature eVA Vendor ID Number: Name:

DSBSD Certification Number: Title:

Phone: Email:

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

Grounds Maintenance

#VCCS-LRCC-24-58696

TABLE OF CONTENTS

IFB #VCCS-LRCC-24-58696

SECTION # SECTION TITLE PAGE #

COVER PAGE ** 1

I. PURPOSE 3

II. BACKGROUND 3

III. SCOPE OF WORK 3

IV. GENERAL TERMS AND CONDITIONS 9

V. SPECIAL TERMS AND CONDITIONS 18

VI. METHOD OF PAYMENT 21

VII. SPECIFIC BID INSTRUCTIONS 21

VIII. ORDERING PROCEDURES 21

IX. ATTACHMENTS

Attachments to Complete and Return with Bid

1 – STATE CORPORATION COMMISSION FORM ** 23

2 – PROPRIETARY AND CONFIDENTIAL INFORMATION FORM ** 24

3 – SMALL BUSINESS SUBCONTRACTING PLAN ** 25

4 – PRICING SCHEDULE** 27

5 – MAP 28

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

I. PURPOSE

This solicitation is being conducted on behalf of the Virginia Community College System (VCCS) to include its 23 Community Colleges, System Office, and Shared Services Center. The VCCS entities with immediate needs include Laurel Ridge Community College (LRCC) for grounds maintenance services for its Luray location located at 200 College Drive, Luray, Virginia 22835. Any of the VCCS entities may, but are not obligated unless otherwise stated, to utilize any contract(s) awarded as a result of this solicitation. A list of VCCS colleges is available online at www.vccs.edu.

II. BACKGROUND

Virginia’s Community colleges serve an estimated 200,000 people across the state. The opportunities we provide include some of the most cutting-edge and highly demanded training and education available. We give everyone the opportunity to learn and develop the right skills, so lives and communities are strengthened.

Virginia’s Community Colleges were created in 1966 to address Virginia’s unmet needs in higher education and workforce training. The newest Strategic Plan, Complete 2021, contains a single goal: to triple the credentials students earn in academic and workforce areas.

III. SCOPE OF WORK & SPECIFICATIONS

The contractor shall furnish all labor, supervision, equipment, tools, parts, and materials, as necessary for the satisfactory provision of grounds maintenance for LRCC, as outlined in the General and Specific Requirements and in compliance with other requirements, specifications and terms and conditions contained herein.

A. The work site shall include all turf areas designated on the map attached as Attachment

5 for the Laurel Ridge Community College, Luray location.

B. The work shall consist of mowing and trimming the lawn and grass from March to November.

C. The Contractor shall perform the operations outlined below in order to meet all requirements and specifications of the contract, ensuring that the College campus consistently presents a neat appearance.

D. The college reserves the right to add and/or delete zones/areas for the duration of an awarded contract. If a zone/area is removed, then new reduced pricing must be negotiated with college.

If a new area/zone is added, then contract pricing shall be followed.

E. A Certificate of Insurance (COI) according to the requirement in this IFB must be submitted with bid. Do NOT require it to be complete/correct, but simply that a COI must be submitted with their Bid.

A. GENERAL REQUIREMENTS:

1. Schedule:

a. The Contractor shall provide continuous service during the term of the contract.

b. Whenever possible, the college will provide five (5) days advance notice of changes made necessary by special activities.

http://www.vccs.edu/

c. Weather conditions or temperature shall not be a factor in the delays of contract performance, with the exception of heavy rain, excessive winds, drought, or lightning.

Delays in service will be authorized by the College Coordinator.

2. College Coordinator:

a. The College Coordinator of this contract will be the Chief Facilities Officer. The name and telephone number of the College Coordinator will be provided to the Contractor after award of this contract but prior to commencement of work. The College Coordinator will have no authority to alter the terms of this agreement. All changes to any contract resulting from this Invitation for Bids must be made in writing by mutual agreement of both parties.

b. Other College personnel may be designated by the College Coordinator to assist in the administration of this contract. The Contractor shall be supplied with the names, telephone numbers, and titles of such College personnel.

3. Contractor’s Agent:

a. The Contractor shall provide the College with the name of the Contractor’s personnel and any subcontractors, if appropriate, who may be working under this contract at College.

b. The successful bidder shall conduct background checks on all employees and shall be available upon within four (4) hours of request by the college. The cost of the background checks shall be the responsibility of the successful bidder.

c. The Contractor shall have a supervisor on the College’s campus at all times when the Contractor’s personnel or subcontractors are performing tasks required by this Contract.

d. Contractor’s supervisor shall be familiar with the contract and have the authority to make decisions on behalf of the Contractor.

4. Compliance:

a. Work areas will be inspected by the College Coordinator or designated representative after each service provided.

b. The College Coordinator or designated representative will notify the Contractor’s supervisor after the inspection of any rejected work. The Contractor shall take corrective action to bring that work into compliance with the contract requirements within one (1) day after the notification is received at no additional cost to the College.

c. The Contractor shall cooperate with the College concerning the scheduling and performance of work, and the change of work locations.

d. The Contractor shall notify the College at least three (3) days in advance, if applicable, whenever the Contractor expects to perform the services.

e. The Contractor shall receive an executed signed modification for any additional work to be completed by the Contractor prior to the services provided.

5. Parking of Vehicles and Equipment:

LRCC will designate an area where the Contractor may park vehicles while performing work required by this contract.

6. Responsibility for Losses:

f. The College will not be responsible for losses of or damage to the Contractor’s supplies, tools, and equipment.

g. The Contractor shall be responsible for providing proper identification and security for Contractor’s supplies, tools, and equipment.

B. SPECIFIC REQUIREMENTS

1. EQUIPMENT:

The following provisions apply to all equipment or power tools used by the Contractor or Contractor’s employees in the performance of any contract rising from this Invitation for Bids.

a. All equipment shall comply with all of the latest rules of “The Virginia Occupational Safety and Health Administration (OSHA) Standards for General Industry.” The college reserves the right to either accept and/or reject equipment as needed.

b. The Contractor shall have an active preventive maintenance program for all equipment used at the College to prevent damage or injury to LRCC property or to people. Examples of deficiencies an active preventive maintenance program should detect and correct includes, but is not limited to, leaking oil or hydraulic fluid, improperly operating, or worn brakes, and worn tires and belts.

c. All equipment blades shall be maintained with a sharp cutting edge so that the grass blades are cleanly cut leaving no torn, ragged, or uneven grass blades.

d. The equipment utilized for mowing, trimming, leaf removal or dethatching shall be properly guarded to prevent accidents or injury from flying or thrown objects.

e. The equipment utilized in edging operations shall be properly adjusted, sharpened, and aligned to give a clear, clean cut. The equipment shall leave no ruts or damage to areas edged. The grass shall be cut, not flattened down and the areas edged shall be of uniform height.

2. OPERATIONS:

a. Mowing:

1. Mowing operations shall occur to maintain 2.5-3”. See attachment 5 for map of area.

2. Mowing and trimming operations shall be provided, according to the following schedule:

o Lawn, parking lot islands, and grass shall be mowed and trimmed weekly between the months of March- November.

o Field shall be mowed, and all fence lines trimmed twice a year, July 1st, and

August 15th.

3. All mowing, edging, trimming, removal of debris, trash, littler, and weed control shall be completed from start to finish within three (3) days. Areas adjacent to buildings shall be mowed after noon on Fridays or on the weekends. If for any reason the

Contractor believes the schedule is inappropriate, he/she shall discuss his/her reasons with the College Coordinator. The College Coordinator shall have the final decision as to the appropriateness of the mowing schedule.

4. In August, all lawn areas shall be mowed at 4” heights. This is to help slow down the browning effect of the dry weather during that time of year.

5. Deflection chutes shall be down at all times while mowing on campus.

6. All grass clippings shall be removed when there is an appearance of grass clumping on the lawn surface.

7. For any signs located at the College, all grass trimmings and clippings shall be removed from the area by the Contractor after the area is trimmed. This shall be performed each time the area is mowed and/or trimmed.

8. Grass clippings shall be blown off the sidewalks before the contractor’s employee moves on to the next area.

9. Grass clippings shall not be discharged into mulched areas or outdoor equipment such as Air-Conditioned (A/C) units, generators, louvers, and cars. Any undesirable areas where grass clippings are discharged shall be cleaned by the contractor when it is discovered.

10. The Contractor shall be responsible for picking up and throwing away any trash or debris from the path of mowing equipment prior to the cutting of lawns and fields.

The Contractor shall pick up and throw away any trash or debris shredded by the

Contractor’s equipment. Sidewalks, steps, and doorways shall be kept clean of all grass and debris.

11. The Contractor shall remove all grass, trimmings, clippings, and other debris from the College campus.

12. The Contractor shall weed eat, rake, and remove all debris from the mowing areas once completed mowing.

13. The Contractor and his/her Supervisor shall ensure that the Contractor’s employees do not mow or travel around the grounds at a speed that is excessive for cutting grass or for the safety of pedestrians.

b. Edging and Trimming:

1. String trimmers may be used on non-living edges (mulched beds, buildings, walkways, and roadways). String trimmers shall not be permitted to trim up to living plants or young trees.

2. The grass shall be trimmed around buildings, along all sidewalk edges, roadways, fence lines and fence posts, all trees, signposts and other structures or objects.

Trimming shall occur each time the grass is mowed.

3. The Contractor shall remove all grass, trimmings, and other debris from the College campus.

c. Removal of Debris, Trash and Litter:

1. The sidewalks, steps, and doorways shall be kept clean of grass, trimmings, clippings, leaves, and other debris. The Contractor shall remove all grass, trimmings, clippings, leaves, and other debris from the College campus.

2. The Contractor shall pick up litter from all areas prior to mowing. Note: Litter is routinely picked up by LRCC personnel.

d. Leaf Removal:

1. The Contractor shall collect and remove the leaves from the areas identified by the Contract Coordinator. Complete leaf removal shall be the responsibility of the Contractor.

2. The Contract Coordinator or designated representative notifies the Contractor when to begin the major leaf removal operations in the fall. Leaf removal usually begins the first week of October and continues through the end of November. Leaf removal shall be done on a weekly basis during this time period. Leaf removal shall continue until the leaves are no longer on the College grounds. The College Coordinator or designee will notify the Contractor when the major leaf removal operations can stop for the season.

3. Leaf removal shall be billed per occurrence on a weekly basis unless the Contract

Coordinator or designated representative advises otherwise.

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 www.eva.virginia.gov under “I Sell To Virginia”.

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

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA).

If the award is made to a faith- based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract.

Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

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

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

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non- debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case- b y - c a s e basis, in its sole discretion, whether to reject such a bid as nonresponsive. As precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

i. 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).

ii. To Subcontractors:

i. 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.

ii. 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.

iii. 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.

iv. 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: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

i. 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.

ii. 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:

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

a. 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

b. 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, after due oral or written notice, may terminate this contract and procure all goods and/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. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing, and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

R. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia.

The bidder 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:

a. 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.

b. Employer’s Liability - $100,000.

c. 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.

d. 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.)

v. Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

S. 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 (www.eva.virginia.gov) for a minimum of 10 days.

T. 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 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ http://www.eva.state.va.us/ 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.

U. NONDISCRIMINATION OF CONTRACTORS: A bidder, bidder, 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 bidder 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.

V. 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 bidders 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:

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

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

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

b. 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.

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

W. 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.

X. 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 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.

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

Z. 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.

AA. 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 engage 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.

V. SPECIAL TERMS AND CONDITIONS:

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible. 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.

C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.

In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon

60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

D. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in multiple purchase orders with the applicable eVA transaction fee assessed for each order.

E. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth for four (4) successive one-year periods under the terms and conditions of the original contract except as stated in 1. and 2.

below. Price increases may be negotiated only at the time of renewal. Written notice of the

Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

a. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the services category of the CPI-U section of the

Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

F. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 90 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.

G. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

H. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished.

Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

I. SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN, EVIDENCE OF COMPLIANCE WITH

SMALL BUSINESS SUBCONTRACTING PLAN, AND SUBCONTRACTOR REPORTING:

A. Submission of Small Business Subcontracting Plan: It is the statewide goal of the Commonwealth that 42% of its purchases be made from small businesses certified by DSBDS. This includes discretionary spending in prime contracts and subcontracts. All bidders are required to submit a

Small Business Subcontracting Plan. The contractor is encouraged to offer such subcontracting opportunities to DSBDS-certified small businesses. This shall include DSBDS-certified woman-owned and minority-owned businesses and businesses with DSBDS service-disabled veteran-owned status when they have also received DSBSD small business certification. Where it is not practicable for any portion of the goods/services to be subcontracted to other supplies, the bidder shall note such on the Small Business Subcontracting Plan. No bidder or subcontractor shall be considered a small business unless certified as such by the Department of Small Business and Supplier Diversity

(DSBSD) by the due date for receipt of bids.

B. Evidence of Compliance with Small Business Subcontracting Plan: Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution timely reports…