IFB 158260 Bottled Water Service.pdf

Administrative Services/Procurement

Hampton Roads District

Bottled Water Service

IFB # 158260

Issue Date: May 23, 2023 INVITATION FOR BIDS IFB# 158260

(UNSEALED)

Title: Bottled Water Service

Commodity Code(s): 96294, 98528

Location Where Work Will Be Performed: Suffolk, Hampton

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Rhonda Tharrington

Email: rhonda.tharrington@vdot.virginia.gov

Phone: (757) 956-3038

NOTE TO BIDDERS

Prebid Conference: A prebid conference will not be held for this solicitation.

Solicitation Closing Date and Time: 3:00 PM EST on June 8, 2023. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: There will be not public bid opening for this solicitation as it is an Unsealed Bid.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION FORM

4. NORMAL AND EMERGENCY CONTACTS

5. REFERENCES

6. Be sure to include product information for water, water coolers and cups with bid response

Hampton Roads District - MMMBT, HRBT

Bottled Water Service

IFB # 158260

Administrative Services Division

Hampton Roads District

Invitation for Bids (Unsealed)

IFB # 158260

Bottled Water Service

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.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.

TABLE OF CONTENTS PAGE #

I. Purpose 3

II. Questions Regarding This Invitation for Bids 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3 - 6

V. Pre-Bid Teleconference 6

VI. Method for Payment 7

VII. Invoicing 7

VIII. Bidders Instructions and Public Bid Opening 7

IX. General Terms and Conditions 8 - 14

X. Special Terms and Conditions 15 - 22

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Normal and Emergency Contacts – Fillable Form

C. References – Fillable Form

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.virginiadot.org/business/virtualcampus.asp

Bottled Water Service

IFB # 158260

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide bottled water service inclusive of bottled water, bottle racks, water cooler rental and paper cups for the Monitor Merrimac

Memorial Bridge Tunnel (MMMBT) located on I-664 and the Hampton Roads Bridge Tunnel (HRBT) located on I-64.

PERIOD OF CONTRACT: From Start Date on Notice of Award through one (1) year (renewable)

This solicitation is Set Aside with the Department of Small Business and Supplier Diversity Small Business Enhancement

Award Priority.

II. QUESTIONS REGARDING THIS INVITATION FOR BIDS:

Any questions regarding this Invitation for Bids shall be addressed to Rhonda Tharrington at rhonda.tharrington@VDOT.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5 business days prior to bid closing.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This

Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. GENERAL:

General Qualifications: The contractor shall be a regular provider of bottled water service and shall provide a competent, well-trained and experienced workforce that exhibits professionalism and service excellence and who conduct themselves in a professional manner. The contractor’s staff must wear identification at all times while at the service locations. The contractor shall have the capability and capacity in all respects to fully satisfy the requirements herein.

1. The contractor shall provide all labor, supervision, transportation, equipment, tools, parts and materials, as necessary to provide bottled water services to the locations listed below:

Bottled Water Service

IFB # 158260

Monitor Merrimac Memorial Bridge Tunnel (MMMBT) I-664

Contacts:

Tim Morrison (757) 247- 2112

Bryan Womble (757) 247 - 2113

Initial Delivery: 40 – 5 gallon bottles

(30 to be delivered to the North Island Vent Building (1st Floor Boiler Room) and 10 to be delivered to the South Island (Kitchen and Upstairs Office)

Delivery: Every 2 weeks (Monday – Friday)

Service tickets shall be left with a VDOT Representative at each delivery/service

Invoices: hamptonroadshrhtbusiness@vdot.virginia.gov

Water Cooler Locations

No. of

Water

Coolers

North Island Control Room 1

North Crash Garage 1

North Island Operations Office 1

North Vent Building Kitchen 1

North Island Electrical Mechanical Shop 1

Training Room/Pool Cable Room 1

South Crash Garage 1

South Vent Building Kitchen 1

South Vent Building Upstairs Offices 1

Inspection Station #1 1

Inspection Station #7 1

Bottled Water Service

IFB # 158260

2. All bottle deposit fees shall be waived.

3. Bottled water must be purified drinking water that is processed in an approved Food and Drug Administration (FDA) facility conforming to all applicable Environmental Protection Agency (EPA) and other state and federal specifications, regulations, and requirements. Bottles must be Bisphenol A (BPA) free.

4. Bidders must include with their bid, the manufacturer’s product literature for the water and water coolers and a copy of the latest Establishment Inspection Report from the FDA to ensure conformity with applicable requirements. The bidder must provide evidence that the bottles are BPA free. The contractor shall provide the Department a copy of the report on a semi-annual basis from contract begin date.

5. Changes in manufacturers/brands shall be relayed to the contract officer and the Department Representative and approved prior to the time of transition/change.

6. Bottle Racks: Racks for bottles shall be furnished for each delivery location, by the contractor at no additional cost to the Department. Racks shall have the capacity to hold water deliveries.

7. Cups: Contractor shall provide 6 to 8 oz. flat bottom cups as requested.

Note: VDOT reserves the right to increase/decrease delivery quantities and to add/remove service locations and shall only be billed for goods/services received at the existing contract rate.

Hampton Roads Bridge Tunnel (HRBT) I-64

Contacts:

Robert R. Boone (757) 247- 4849

Initial Delivery: 23 – 5 gallon bottles

(9 to be delivered to the HRBT North Island Control Room and 9 to be delivered to the

HRBT South Island Crash House and 5 to be delivered to the North Island

Maintenance Shop

Delivery: Every 2 weeks (Monday – Friday)

Service tickets shall be left with a VDOT Representative at each delivery/service

Invoices: hamptonroadshrhtbusiness@vdot.virginia.gov

Water Cooler Locations

No. of

Water

Coolers

South Island Crash House 1

North Island Crash House 1

North Island Control Room 1

North Island Maintenance Shop 1

Hampton Inspection Station 1

Willoughby Inspection Station 1

Bottled Water Service

IFB # 158260

B. WATER COOLERS: The contractor shall furnish a total of seventeen (17) new U.L. approved cold/hot temp water coolers for the specified locations as noted on pages 4 and 5 within ten (10) days of receipt of Contract Award. The water coolers shall be current models and shall be unpackaged, setup/installed at their specified locations and tested to ensure proper operation at time of delivery. All water coolers shall come fitted with cup dispensers and be filled with flat bottom cups (6 to 8 oz.) at initial set up. Any trash/debris from unpackaging the water coolers shall be removed from site and disposed of by contractor or may be placed in onsite dumpster if approved by the VDOT Representative.

The contractor shall sanitize the water dispensers internally and externally, check switches and electrical cords and ensure all equipment is functioning properly every six (6) months. Additional maintenance shall be performed when requested by the department at the contractor’s expense.

C. DELIVERY/EXCHANGE: The contractor shall pick up the empty water bottles and make an even exchange with full water bottles at scheduled deliveries. Deliveries shall be made as specified in Section A. above. Deliveries will not be accepted on state observed holidays (Pay and Holiday Calendar (virginia.gov) . In the event a holiday falls on a normal scheduled delivery day, the contractor shall contact the VDOT Representative and reschedule the delivery within that same week. The delivery driver shall have their VDOT issued badge on his/her person at time of delivery and shall check in with Department staff at each visit.

D. REPLACEMENTS: The contractor shall replace defective water bottles and repair or replace water coolers within forty-eight (48) hours of receiving notification/request from the Department Representative at no additional cost to the

Department.

E. USAGE REPORTS: Upon request, the contractor shall provide the Department a summary of all sales, to include quantities, description of products, and associated costs.

F. END OF CONTRACT: The VDOT Representative/Contract Administrator will correspond with and coordinate bottled water deliveries with the Contractor near the end of the final contract term to prevent an excessive amount of unused bottled water remaining on site. The VDOT Representative and the Contractor will note the number of unopened bottles of water remaining at the time the water coolers are removed from the site. The contractor shall collect and remove the water coolers from all locations within ten (10) business days of contract expiration or termination. There shall be no charges for cooler rental beyond the contract end date.

The Contractor shall leave any unopened bottles of water at each location and will return to pick the empty bottles

(unless biodegradable) up upon receiving notification from the VDOT Representative. There will be no additional charges for returning to collect the empty water bottles.

G. SUBMITTALS: The following information must be provided to the contract officer upon issuance of the Notice of

Intent to Award or prior to Notice of Award: list of delivery drivers who will be servicing the locations covered under a resulting contract, the certificate of liability insurance and a proposed delivery schedule for the year.

Contract Officer’s Email: rhonda.tharrington@VDOT.virginia.gov

H. SECURITY: All contractor staff delivering and/or performing services at the tunnel locations under the resulting contract shall undergo a Criminal History Records Check (CHRC). Upon issuance of a Notice of Intent, the Contractor will receive guidance and information on the CHRC process from VDOT’s Office of Safety, Security and Emergency

Management

V. PRE-BID CONFERENCE: There will be no prebid conference held for this solicitation.

https://www.dhrm.virginia.gov/payandholidaycalendar

Bottled Water Service

IFB # 158260

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692-

0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices may be submitted monthly. to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT

Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

Hampton Roads District

204 National Avenue

Hampton, VA 23663

In lieu of mailing, invoices may be submitted as an attachment via email to:

HamptonRoadsHRHTbusiness@vdot.virginia.gov

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

There will be no public bid opening as this is an Unsealed Bid.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

mailto:edi@doa.virginia.gov mailto:HamptonRoadsHRHTbusiness@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov

Bottled Water Service

IFB # 158260

IX. 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”.

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.

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

Bottled Water Service

IFB # 158260

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

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

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

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

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

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

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

Bottled Water Service

IFB # 158260

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the

Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee.

These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the

Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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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: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The

Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

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

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

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

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

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

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

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the

Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

Bottled Water Service

IFB # 158260

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, 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. OMMITTED:

R. OMMITTED:

S. OMMITTED:

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-

4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage 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 (www.eva.virginia.gov) for a minimum of 10 days.

http://www.eva.state.va.us/

Bottled Water Service

IFB # 158260

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 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 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.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automate 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 must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid 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.

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.

http://www.eva.virginia.gov/ file:///C:/Users/gmf87213/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/3CSQTVCA/www.eVA.virginia.gov

Bottled Water Service

IFB # 158260

Y. 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.

Z. 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.

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

BB. 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.

CC. 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.

Bottled Water Service

IFB # 158260

X. SPECIAL TERMS AND CONDITIONS:

1. ADDITIONAL USERS: This procurement is being conducted on behalf of the VDOT for the district identified herein. The addition or deletion of authorized users not specifically named in the solicitation shall be made only by written contract modification issued by the contract officer upon mutual agreement of the contractor. Such modification shall name the specific district added or deleted and the effective date. The contractor shall not honor an order citing the resulting contract unless the ordering entity has been added by written contract modification. The contractor shall extend any special VDOT discount price adjustments resulting from adding counties. However, any reduction in the number of districts receiving service/goods shall not result in VDOT being charged any more than the awarded bid price(s)

2. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this invitation for bid, no indication of such sales or services to the Virginia Department of Transportation (VDOT) shall be used in the contractor's product literature, press releases or advertising nor shall the contractor state in any of its advertising, press release or product literature that the Commonwealth of Virginia or VDOT has purchased or uses its products or services.

The contractor also shall not include VDOT in any client list in advertising and promotional materials.

3. AUDIT: The Contractor shall retain all books, documents, papers, accounting records, subcontracting records, and other evidence supporting any of the services performed, and the costs incurred, at all times during the contract period, and for five (5) years after payment of the final invoice or final audit, whichever is later. Such evidence shall be maintained at the Contractor’s office and made available to the Department at reasonable times. Such evidence will be subject to audit and inspection at any time by the Department.

4. AWARD: The Commonwealth will make the award(s) on a total sum basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is less than $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, 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 early 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.

5. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for thirty (30) days. At the end of the thirty (30) 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.

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

7. 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.

8. CLAIMS: The Contractor shall be responsible for the resolution of any and all damage claims presented to VDOT as a result of operations provided herein. Within 30 days of VDOT’s notification to the Contractor of a claim, Contractor shall respond in writing to the claimant and copy VDOT. Failure to properly respond to and resolve claims in a timely manner constitutes unsatisfactory performance and may result in cancellation of the contract and/or removal from the bidders list.

Bottled Water Service

IFB # 158260

9. CONTINUITY OF SERVICES:

a. The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them.

The Contractor agrees:

To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

b. The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services.