IFB 158770 Lawn & Grounds Maintenance Services.pdf

Administrative Services/Procurement Fredericksburg District Grounds & Lawn Maintenance Services

IFB #158770

Issue Date: March 13, 2024 INVITATION FOR BIDS IFB# 158770

Title: Grounds & Lawn Maintenance Services Commodity Code(s): 98836 Location Where Work Will Be Performed: 86 and 87 Deacon Road Fredericksburg VA 22405 and 4926 Mudd Tavern Road Spotsylvania VA 22580

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Megan Pitts Email: megan.pitts@vdot.virginia.gov Phone: (540) 899-4289

NOTE TO BIDDERS

Prebid Conference: A Mandatory Pre-Bid Conference will be held at 11:00 AM Eastern Standard Time (EST) on March 26, 2024.

Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 AM EST on April 8, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:30 AM EST on April 8, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

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. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

5. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

6. SUBCONTRACTOR APPROVAL REQUEST

7. NORMAL AND EMERGENCY CONTACTS

8. REFERENCES

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.

Administrative Services Division

Fredericksburg District / Facilities Invitation for Bids IFB # 158770

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 8

VI. Method for Payment 8

VII. Invoicing 8

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 16

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Small Business Subcontracting Plan (SBSP) – Fillable Form

C. Subcontractor Approval Request – Fillable Form

D. Normal and Emergency Contacts – Fillable Form

E. References – Fillable Form

F. Virginia Code Red Ozone Days

G. Prevailing Wage Rate Determination(s)

H. Work Request Estimate Form

I. Thornburg Map

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide Grounds & Lawn Maintenance Services for the Fredericksburg District Office Campus located at 86 and 87 Deacon Road Fredericksburg VA 22405 and 4926 Mudd Tavern Road Spotsylvania VA 22580. The Contractor shall provide all labor, supervision, equipment, tools, materials, incidentals to the industry, and insurance necessary to complete the services as described herein.

PERIOD OF CONTRACT: From June 1, 2024 through May 31, 2025 (renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) Attachment B with the electronic bid response in eVA. Bidders selecting the “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Megan Pitts at megan.pitts@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 2:00 PM EST on March 26, 2024.

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. The Contractor will furnish all qualified labor, supervision, and equipment, unless otherwise indicated, to perform mowing and maintenance services to include mowing and trimming of grass, maintenance of beds to include removal of weeds, trimming back of plants and flowers as applicable, removal of any debris, and shrub pruning and trimming ornamental trees and shrubs. Grounds & Lawn Maintenance shall occur from April 1 through November 30 as growing conditions warrant. Ground Maintenance shall be performed whether mowing is necessary or not.

The work will be performed on our District Complex and across the street at our District Auditorium and Fredericksburg Residency lot, as well as our Thornburg location. Mowing and maintenance may be completed either Tuesday or Wednesday of each week and shall be performed after 5:00 p.m., unless otherwise agreed upon by the Contract Administrator or Designee. Contractor may use non-power manual equipment on service days before 5pm for edging, weeding, and trimming if necessary.

B. LOCATIONS:

The work will be performed at the following locations:

• Fredericksburg District Office Complex – 87 Deacon Road, Fredericksburg, Virginia 22405

• District Auditorium and Fredericksburg Residency Offices – 86 Deacon Road, Fredericksburg, Virginia

22405

• Thornburg – 4926 Mudd Tavern Road, Spotsylvania, Virginia 22580

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.virginiadot.org/business/virtualcampus.asp

C. MOWING:

The lawn areas shall be mowed to a uniform height and mowed areas shall show no signs of scalping or other uneven areas. Mowing patterns shall be performed such that cut grass is evenly distributed over the lawn and not deposited on plant beds or other paved areas. Mowing or trimming around trees or other shrubbery shall be performed carefully and no abrasion to tree bark or other damage is permissible. Any damage to trees or shrubbery shall be repaired or replaced by the Contractor to VDOT’s satisfaction.

Grass is to be cut to a height of 4 to 4.5 inches during the growing season or as directed by the Contract Administrator for designated lawn areas. Mowing shall be performed in two (2) mowing cycles per month (approximately fourteen (14) days, unless otherwise scheduled by the Contract Administrator or their Designee.

The contractor shall invoice VDOT after each mowing cycle. VDOT reserves the right to adjust the frequency of mowing due to extenuating circumstances such as weather or budget constraints. VDOT reserves the right to request more mowing services than listed on the bid lines in the Invitation for Bids. Mowing service shall include debris removal. Rows of grass clippings shall not be left on the mowed areas and must be removed at each service.

D. TRIMMING & EDGING:

The Contractor shall trim and edge along, in, and around all paved areas, lot perimeters, sidewalks, trees, plant beds or other fixed objects at each cycle that mowing is performed and shall invoice after each cycle. All plant beds shall be re-edged monthly or as otherwise needed during the mowing season and the plant bed edge reshaped by shovel excavation or other means in order to maintain a uniform shape and style.

Upon completion of trimming and edging, the Contractor shall remove all grass clippings, dirt, dust or other debris from sidewalks and paved areas, either by blowing, sweeping or vacuuming. Service shall be billed after each cycle (14 days).

E. WEED CONTROL:

The Contractor shall remove and dispose of all weed or grass growth in all landscape plant beds as well as along, in, and around all paved areas, lot perimeters, sidewalks, or other fixed objects at each service. The Contractor may use any method desired that will result in the removal of weed/grass, including digging or plant bed rework. Weed removal must be completed every other week in conjunction with the mowing. If the contractor elects to use a nonselective herbicide such as Roundup, the contractor shall fully comply with the Requirements for Record Keeping of the Virginia Pesticide Control Act, as well as in Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and regulations pursuant thereto.

The Contractor shall ensure that all applicators are certified by the Commonwealth of Virginia Department of Agriculture and Consumer Services (VDACS) in Category Three A (3A Ornamental Pest Control) or 3B Turf or 6 Right of Way pest control and will maintain compliance with all current Virginia Pesticide laws and regulations.

NOTE: The contractor shall provide, photocopies of Virginia Pesticide of Virginia Pesticide Applicator Certificates for all applicators working under this Contract. The photocopies shall clearly show the employee’s name, certificate number, expiration date, and certification. Failure on the part of the bidder to submit such data certificates may be cause for declaring the bid as nonresponsive/eliminated from further consideration.

A waterproof placard shall be attached to the sprayer indicating its contents. The contractor shall have a copy of the label and a copy of the Material Safety Data Sheet (MSDS) in the vehicle for all herbicides being used during grounds maintenance. Failure on the part of the bidder to submit such data sheets may be cause for declaring the bid as nonresponsive/eliminated from further consideration.

F. PLANTING OF FLOWERS:

There shall be a spring planting of flowers, to include an assortment of perennial spring and fall bulbs, as necessary.

Each spring there shall also be a planting of annual flowers in the planting beds and pots located around the District Office building number L6000003, between the District Office building and Inventory Building (5), and in front of the Land and Development building L6000014. Bulbs and plants will be reviewed and approved by the Contract Administrator prior to the purchase. Any dead plants will be removed during mowing service visit and replaced in kind during the next service, unless prior approval is received from Contract Administrator or Designee. No additional charges shall be allowed for plant replacement.

G. DEBRIS REMOVAL:

The Contractor shall collect and dispose of all yard waste, leaves, limbs, trash and debris collected during the performance of the services. All collected trash and paper litter may be disposed on site in the trash dumpsters maintained by VDOT. All other yard waste, including, but not limited to grass clippings, leaves limbs, bush clippings or other organic materials shall be collected by the Contractor and disposed offsite. All cost for the disposal of materials shall be included within the bid price. VDOT will not pay disposal fees. Curbs, gutters and sidewalks shall be cleared of all debris.

The Contractor is responsible for the disposal of all refuse, rubbish and debris caused by their operations. Refuse, rubbish, or debris shall be removed from the site and properly disposed of in a licensed landfill, or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal.

H. LEAF RAKING & REMOVAL:

Upon request from VDOT’s Contract Administrator, Contractor shall rake, vacuum, collect and remove all leaves, limbs, sticks, or other organic debris from the lawn and plant bed areas. This work is a periodic/continuous process and may be accomplished on several occasions, as organic debris accumulates. All material shall be removed from VDOT property and properly disposed offsite.

I. TREE AND BUSH TRIMMING:

Contractor shall prune bushes around Fredericksburg District buildings “as needed” to ensure neat appearance, proper distance away from building walls and to prevent trees from hanging over walkways. Contractor shall communicate with Contract Administrator prior to any tree/bush trimming.

All ornamental bushes, shrubbery, and small trees such as Dogwood, Crepe Myrtles, and other species are pruned at the appropriate time of year and manner as require by the species.

J. MULCHING AND PRUNING (SPRING):

Spring Clean Up dates will be scheduled by VDOT Contractor Administrator with the Contractor in order to accommodate for weather and the growing season. Spring Clean Up services may be performed on a Saturday or Sunday, anytime between 9:00 a.m. and 5:00 p.m., or as approved by the Contract Administrator or Designee.

All ornamental bushes, shrubbery or small trees, such as dogwood or other species shall be pruned or trimmed annually (spring season) to remove dead limbs and to maintain the natural shape of the bush or shrub. All work shall be performed using established nursery standards and shall be performed with tools and equipment specified for pruning.

Mulching services will consist of the removal of excess mulch prior to the overlay of fresh mulch. Mulch shall be applied at no less than three (3) inches in depth to provide proper cover to beds while continuing to ensuring proper drainage and protection of plants.

Mulch shall be applied uniformly over the entire area of the plant beds after completion of fall season pruning services. Mulch shall be shaped and raked such that the root mass of all bushes and shrubs are protected and that new and existing mulch will prevent the establishment of weed growth.

Mulch shall be double-shredded hardwood mulch. Mulch shall be aged and shall not include sticks or un- ground wood material. Mulch shall be free of trash and debris and be composed of only wood. Mulch may be bagged or delivered in bulk.

The Contractor shall ensure that mulch is not placed above or cover over masonry “weep” holes in brick walls of buildings. When “weep” holes are discovered, the Contractor shall uncover and “daylight” these “weep” holes to allow them to perform their function.

K. FALL CLEAN UP:

Fall Clean Up dates will be scheduled by VDOT Contractor Administrator with the Contractor in order to accommodate for weather and the growing season. Fall Clean Up may be performed on a Saturday or Sunday, anytime between 9:00 a.m. and 5:00 p.m., or as approved by the Contract Administrator or Designee.

All ornamental bushes, shrubbery or small trees, such as dogwood or other species shall be pruned or trimmed annually (fall season) to remove dead limbs and to maintain the natural shape of the bush or shrub. All work shall be performed using established nursery standards and shall be performed with tools and equipment specified for pruning.

The Contractor shall ensure that mulch is not placed above or cover over masonry “weep” holes in brick walls of buildings. When “weep” holes are discovered, the Contractor shall uncover and “daylight” these “weep” holes to allow them to perform their function.

L. WORK BY VDOT OR OTHER CONTRACTORS:

The addition of nutrients, including but not limited to fertilizer, lime, additional seed or other lawn treatment will be performed by others, as directed by the VDOT Contract Administrator. Additional nutrients added by others will comply with the VDOT Site Nutrient Management Plan. Should VDOT determine in its sole judgment that additional soil supplements or other nutrients should be applied, the resultant lawn might grow with more dense features. The Contractor shall consider this opportunity in his bid and ensure that denser, thicker grass is mowed as specified. No further compensation will be considered in the event of differing characteristics in the lawn. The cost for cutting the lawn, whether additional nutrients are applied and other work to complete this requirement is considered incidental to other appropriate Pay Items and no additional payment will be made.

M. EQUIPMENT:

Equipment used for mowing operations shall be mechanical with a cutting width of at least 36”. Mowing equipment shall be kept in good, safe operating condition with sharp blades so that grass is properly cut.

Equipment which is leaking oil or gasoline shall not be used and shall be removed from site. The Contractor shall ensure that mowing/cutting equipment is outfitted with safety guards and shields.

Mowers and other equipment shall not be refueled in lawn areas. The Contractor shall notify the Contract Administrator immediately should there be a fuel spill at any location on site.

All equipment shall be of such design that grass clippings onto buildings, parked vehicles or other fixed objects is eliminated or minimized.

Equipment used on any portion of VDOT’s property shall be such that no injury to the lawn, trees, plant beds, or other fixed objects or other areas will result from its use. VDOT may order the removal and require replacement of any unsatisfactory equipment.

When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that he demonstrates to the satisfaction of VDOT that will accomplish the specified work in conformity with the requirements of the contract.

N. SAFETY REQUIREMENTS:

The Contractor shall ensure that all work is performed in accordance with the requirements of OSHA Standards for the Construction Industry (29 CFR Part 1926) located at www.osha.gov .

During performance of the work the Contractor shall comply, and require its employees, and any approved subcontractors and agents to comply, with all safety requirements required by Federal, State and local laws, rules, regulations and ordinances, along with accepted industry safety practices and applicable safety requirements and rules of VDOT.

The Contractor is cautioned that the lawn areas specified to be mowed contain rocks or other debris. The Contractor shall ensure that mowing equipment is properly equipped with safety guards and that when mowing, the discharge of mowing equipment is directed AWAY from buildings, vehicles or pedestrians.

The Contractor shall be responsible for the cost of repair of broken windows that result from thrown rocks or other debris, caused either by mechanical mowers, “weed-eaters” or other mechanical equipment.

O. ACCEPTANCE OF THE WORK:

Grounds and Lawn Maintenance services will be inspected by VDOT’s Contract Administrator or Designee.

Upon notification from Contract Administrator of non-compliance, any deficiencies shall be promptly corrected by the contractor at the contractor’s sole expense prior to final acceptance of the work by VDOT.

The Contractor shall maintain the work from the beginning of service operations until final acceptance of the work. These services shall constitute continuous and effective work prosecuted day by day with adequate equipment and forces to the end that the work site is kept in satisfactory condition at all times, including barricades and warning signs (if needed).

Unless otherwise provided, the site shall be kept open to VDOT traffic by the contractor. The Contractor shall keep the portion of the site being used by VDOT in such condition that VDOT traffic will be adequately accommodated. Unless otherwise specified, the Contractor shall bear all cost of work during performance of the grounds and lawn maintenance without direct compensation.

The Contractor shall assign supervision of Contractor work crews to a skilled and responsible supervisor. The Contractor supervisor shall be available by cell phone in the event that VDOT needs response to concerns or wishes to consult with the Contractor.

All Contractor personnel shall have sufficient skill and experience to perform properly the work assigned to them.

Contractor personnel engaged in special or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform it properly and satisfactorily.

VDOT reserves the right, at any time, to contract for the performance of other or additional work on or near the work covered by this contract. When separate contracts are awarded within the limits of the site, each Contractor shall conduct his work hindrance to the work being performed by other Contractors. Contractors working in the same area shall cooperate with each other. VDOT will not assume any responsibility for acts, failures or omissions of one Contractor, which delay the work of the other except as provided herein.

http://www.osha.gov/

V. MANDATORY PREBID CONFERENCE:

A mandatory in person prebid conference will be hosted by the Contract Officer at 11:00 AM EST on March 26, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted to join the conference after 11:05 AM EST.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to megan.pitts@vdot.virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 11:05 AM EST.

Location details:

Equipment Facility Conference Room 87 Deacon Road

Fredericksburg, VA 22405

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

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 shall 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.

mailto:edi@doa.virginia.gov

Virginia Department of Transportation

87 Deacon Road

Fredericksburg, VA 22405

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

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 10:30 AM EST on April 8, 2024.

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Click here to join the meeting Enter Meeting ID: 267 908 294 007 Enter Passcode: REZx34 Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 319 211 312#

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

mailto:susan.markle@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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTAxMzU4MGItOWZkNy00ZWQ0LWE1OWMtOGUzNWJkNjE1Mjc1%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22d03d0094-8f83-48f2-8357-cb9684b21ed1%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,354377122

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

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/

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

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

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

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

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

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

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

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

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

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

c. All goods or services provided under this contract or purchase order, 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.

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

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.

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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.

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…