IFB 158779 Ferry Operator Services.pdf

Administrative Services/Procurement Fredericksburg District Ferry Operator Services

IFB #158779

Issue Date: March 19, 2024 INVITATION FOR BIDS IFB#158779

Title: Ferry Operator Services Commodity Code(s): 95956 Location Where Work Will Be Performed: Lancaster and Northumberland Counties

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: An Optional Pre-Bid Conference will be held at 11:00 AM Eastern Standard Time (EST) on April 1, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 10:00 AM EST on April 12, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:30 AM EST on April 12, 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

Invitation for Bids IFB # 158779

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 7

VI. Method for Payment 8

VII. Invoicing 8

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 9

X. Special Terms and Conditions 15

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form B. Small Business Subcontracting Plan (SBSP) – Fillable Form

C. Ferry Operator’s Manual D. Ferry Locations E. Ferry Daily Log F. Ferry Traffic Report G. Vendor Qualification/Equipment Inventory – Fillable Form H. Subcontractor Approval Request – Fillable Form I. Normal and Emergency Contacts – Fillable Form J. References K. Virginia Code Red Ozone Days L. Prevailing Wages M. CII- SSI Guide

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

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide Ferry Operators to operate the state-owned Merry Point Ferry located on secondary Route 604 in Lancaster County that crosses the Corrotoman River and the Sunny Bank Ferry located on secondary Route 644 in Northumberland County that crosses the Little Wicomico River.

PERIOD OF CONTRACT: From May 13, 2024 through one (1) year with four (4) optional successive one (1) year renewal periods. (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 1:00 PM EST on April 1, 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. SCOPE OF WORK

1. The services defined in this solicitation will require the contractor to provide personnel to operate the State-owned Merry Point Ferry located on secondary Route 604 in Lancaster County that crosses the Corrotoman River and the Sunny Bank Ferry located on secondary Route 644 in Northumberland County that crosses the Little Wicomico River. See Attachment D for location site maps and public information sign locations. The ferry operators must be trained and ready to begin work forty-five (45) days after award of the contract.

2. Ferries will be operated on the above schedules fifty-two (52) weeks per year with the following exceptions:

a. New Years’ Day.

b. Thanksgiving Weekend (Thursday through Sunday).

c. Christmas Eve, Christmas Day (and weekend days if in proximity).

d. During electrical storms.

e. During extreme high water.

f. During extreme low water.

g. During high winds as determined by the Maintenance Area Headquarters.

h. When ferry deck is covered with snow or ice.

i. Equipment failure.

j. When notified by the Contract Administrator not to operate.

NOTE: Operational schedule for each ferry is subject to change based on funding availability or other factors. The Contractor will be compensated for actual hour(s) that a ferry operator is provided. This schedule is subject to change at any time. Two (2) weeks’ notice will be given prior to any changes.

3. With a six (6) passenger limit, only one (1) employee is needed to operate each ferry, and no special maritime license is required. At this time, VDOT plans to continue this level of operation under this contract. The Contractor shall furnish personnel qualified to operate the ferries under the United States Coast Guard regulations of six (6) passengers or less and in accordance with the provisions of the resulting contract.

4. In the event that the Department wishes to increase the passenger limits to meet Coast Guard regulations in that scenario, the operator must hold a “Limited Master’s License” for near coastal vessels of not more than one hundred

(100) gross tons to be qualified to operate a vessel carrying up to forty-nine (49) persons. VDOT will provide at least sixty (60) days’ notice to the Contractor prior to engaging this bid item. If the passenger limit is increased, VDOT and the Coast Guard may determine that a second operator, “deckhand”, is needed along with the licensed operator to perform “man-overboard” rescue operations. If this occurs, the Contractor will be compensated for deckhand hours using the rate for an unlicensed operator.

5. An additional Ferry Operator may be required to assist in operation at the Merry Point Ferry during the time between

Memorial Day and Labor Day holidays. The Northern Neck Residency will provide sixty (60) days’ notice to the Contractor to provide an additional Ferry Operator during this time only if the Northern Neck Residency choose to do this. The Northern Neck Residency reserves the right to cease the use of this additional Ferry Operator at its own discretion and with give a two (2) week notification when this occurs.

B. WORK SCHEDULE AND TRAINING

1. The Merry Point and Sunny Bank Ferries must be operational as shown in the Ferry Operator’s Manual in Attachment C. This schedule is subject to change at any time at the sole discretion of VDOT. The Contractor must provide qualified operator(s) to accomplish this work. The Contractor shall insure that all ferry operators are trained in the performance of their duties and meet the requirements of the resulting contract at all times.

2. VDOT will provide a maximum of five (5) days of on-the-job training to the Contractor’s new Ferry Operators prior to beginning work at the Contractor’s own expense. These hours will be paid at the hourly bid price. The Contractor shall be responsible for training operators in American Red Cross First Aid and Cardiopulmonary Resuscitation (CPR). The operator must possess and carry with them at all times, a valid Transportation Worker Identification Credential (TWIC) Card from the Department of Homeland Security and an American Red Cross Card issued by a trained American Red Cross representative.

3. The ferry site shall be manned by a ferry operator at all times as stated in the Ferry Operator’s Manual in Attachment C as operational schedule. No payment will be made for lunch. Payment will be allowed for fifteen

(15) minutes before the scheduled operating time and for fifteen (15) minutes after the scheduled operating time for vessel and grounds maintenance. This fifteen (15) minutes at the end of scheduled operating time is also to cover payment for the operator loading a vehicle minutes before the posted closing time and taking it across even though completion of the trip will be after the posted closing time.

4. If the ferry is temporarily inoperable or otherwise closed due to factors stated in the resulting contract, the Contractor shall be paid the hourly rate to occupy the site during the normal operational period to monitor conditions. If the ferry will be out of service longer than three (3) days, the Contractor will be given twenty-four (24) hours’ notice not to have the operator report for work in which case no compensation will be given. The Contractor will receive a twenty-four (24) hour notice to have a ferry operator report to the site subsequent to this type of extended period of in operation.

C. SITE INVESTIGATION AND REPRESENTATION

The Contractor acknowledges that he has satisfied himself as to the nature of the work, in general and local conditions;

particularly those bearing on transportation, availability of labor, State Regulations for safety and security of property, roads and facilities required for the prosecution of the work and all matters which can in any way affect the work or cost thereof under this contract. Any failure by the Contractor to acquaint himself with all the available information concerning these conditions will not relieve him from the responsibility for estimating properly the difficulty or cost of successfully performing the work.

D. REQUIREMENTS OF THE FERRY OPERATOR

1. Read and adhere to the requirements contained in the Ferry Operator’s Manual (Attachment C).

2. Initial operators must complete a minimum of five (5) days of instruction by VDOT at the Contractor’s own expense.

This training will include, but not necessarily limited to, the Spill Prevention, Containment, and Confinement training as well as lubrication, cleanliness, and operation of the ferry boat mechanical equipment. Additional training may be required as deemed necessary by the Contract Administrator. Training of subsequent operators will be the responsibility of the Contractor. The hours of initial training will be paid for at the contract rate.

3. Complete check-off of the operator by the Contract Administrator on normal and emergency procedures. This is intended to be a verbal, question and answer confirmation that the operator is familiar with the normal and emergency procedures.

4. Complete Safety and Security training listed in Ferry Operator’s Manual. Initial training will be provided by VDOT.

This training will be performed during the five (5) day training listed under item #2 above.

5. Operators must be certified by the American Red Cross in First Aid and CPR.

6. Operators shall be courteous to the traveling public and VDOT personnel and understand that they represent VDOT and must always set an example as being courteous, considerate and professional. They shall be customer service oriented and constantly strive to provide a safe and secure workplace.

7. Operators shall wear Class “C” reflective vests with sleeves and steel-toed shoes at all times when handling traffic.

VDOT will supply the required vests.

8. Never stand in a position where you can be injured by moving vehicles.

9. Behaviors displayed by Contractor’s employees, such as catcalling, whistling, leering and other similar gestures will not be tolerated. Anyone exhibiting such behavior shall be barred from the work site permanently.

10. Operators shall be neat in appearance at all times. Proper dress shall include long pants, navy blue or black, collared shirts or blouses with sleeves (short or long), light blue or white. Clothing must be appropriate for weather conditions. Pants shall not be faded and/or have rips or tears.

11. Operators shall complete the Ferry Traffic Report (Attachment F) of trips traveled each day and the Daily Ferry

Log (Attachment E) of general conditions and comments. All totals on the Daily Ferry Log will be transferred to the Ferry Traffic Report at the end of each day and added up at the end of each month prior to submitting these reports to a VDOT representative.

12. Operators shall be able to speak English clearly and have a demonstrated understanding of both written and spoken

English.

13. Operators must be eighteen (18) years of age or older.

14. Operators must always wear their official photo identification provided by VDOT.

15. The Contractor must provide a criminal history record check to the VDOT Contract Administrator for each employee (operator) when hired. Operators must have a valid Transportation Worker Identification Credential (TWIC) Card from the Department of Homeland Security prior to operating the ferry.

16. The Contractor shall develop and implement a drug testing policy consistent with the U.S. Department of

Transportation/Federal Motor Carrier Safety Administration, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, Title 49 - Code of Federal Regulations. (Part 40 documents the federal policies and procedures for all Department of Transportation drug and alcohol testing). This policy is to be in place thirty (30) days from the date of award.

17. Operators must possess a valid Virginia driver’s license and must maintain a safe driving record which is defined as not having eight (8) to eleven (11) bad driving points in a twelve (12) month period or twelve (12) to seventeen

(17) bad driving points in a twenty-four (24) month period.

18. The Contractor shall provide a smartphone/mobile device with data capabilities for use by the ferry operator at the site, at all times. The mobile device shall be capable of receiving cellular coverage in the contracted service area.

The mobile device shall support Android Oreo 8.0 or Apple iOS 11 mobile operating system. The telephone number shall be provided to VDOT. The cost shall be reflected in the hourly rate of each line item.

19. The following activities are prohibited while operating the ferry or on the job site:

a. No music player of any kind, earphones, electronic games or television.

b. No friends shall be aboard or at the job site visiting.

c. Cell phones will be allowed for contract business and emergency use only.

E. REPLACEMENT OF THE FERRY OPERATOR

1. The Contractor will be guided by VDOT or will act in accordance with conditions of this contract as it pertains to behavior of personnel. Should the Contractor find it necessary to remove an operator, the Contractor shall immediately furnish a replacement ferry operator, who is trained and capable to carry out the services to be performed with no lapse in service.

2. The operator must call in each day at 6:45 am to the Maintenance Area Headquarters numbers listed in the Ferry Operator’s Manual in Attachment C to verify the operator is there.

3. If there is a change of operator, VDOT must be notified two (2) hours prior to the scheduled time.

4. In the event if no ferry operator is available to cover his/her work shift for the day, the contractor shall immediately provide a replacement ferry operator that has been trained and capable to operate the ferry.

5. If the operator fails to report for work and the VDOT supplies an operator, the Contractor will not be compensated for the hours the VDOT operator has worked. The Contractor will be assessed a fee equal to the amount charged by the Contractor for the operator/operators he is contracted to supply to mitigate the costs to VDOT of supplying the personnel. Failure to provide an operator may result in a Procurement Vender Complaint and may result in the termination of the contract per “General Terms and Conditions, Section P”.

F. ORDER AND CLEANLINESS

1. The ferry, ferry dock and operator’s house and grounds shall be kept in a state of order and cleanliness at all times to ensure it complies with all environmental and OSHA regulations.

2. The ferry deck/boat landing shall be swept up of all sand accumulating throughout the day and mopped as often as necessary to keep it clean.

3. All windows shall be kept clean.

4. All spare parts, supplies and equipment shall be kept in their proper storage places and properly cared for as directed by VDOT.

5. Rags or materials used to clean up fuel or oil spillage shall be disposed of in a designated receptacle. Disposal of the content of the receptacle will be the responsibility of VDOT.

6. Litter or trash around the grounds and on the ferry shall be picked up and disposed of by placing in VDOT-supplied trash bags. Disposal of the bags will be the responsibility of VDOT.

7. Weed eating shall be required to maintain grass growing around storage building and boat landing areas.

G. LUBRICATION AND FUEL

The Ferry Operator, as detailed in the Ferry Operator’s Manual (Attachment C), shall perform fueling and lubrication of the ferry. VDOT will supply fuel and lubrication supplies.

H. OPERATIONAL PROCEDURES

All regulations in the Ferry Operator’s Manual (Attachment C) shall be followed. In the event of major flooding where access to the ferry house is deemed perilous to human life, the Contractor shall cease daily checks and shall notify VDOT of such flooding immediately.

I. STATE FURNISHED PROPERTY

VDOT will provide all supplies required for operation of the ferry including fuel, lubricants, cleaning supplies, trash bags, etc. These items will be inventoried by VDOT and the Contractor will be accountable for this property. The Contractor shall reimburse VDOT for any loss or damage to State owned property.

J. SAFETY AND SECURITY

All regulations in the Ferry Operator’s Manual (Attachment C) shall be followed.

K. ADDITIONAL INSURANCE REQUIREMENT

All Ferry Operators will require a maritime endorsement in the amount of $5,000,000.00 to supply insurance that complies with the Merchant Marine Act of 1920, commonly known as “The Jones Act”. A current certificate of insurance showing the required coverage amounts will be required to be kept on file by VDOT for the duration of the contract.

L. UTILITIES

VDOT will pay for sanitary facilities at one landing at each ferry location. The Contractor shall provide a fully functioning smartphone for use by the ferry operator, at the site at all times. The telephone number shall be provided to VDOT. The cost shall be reflected in the hourly rate of each line item.

V. OPTIONAL PREBID CONFERENCE:

An optional virtual pre-bid conference will be hosted by the Contract Officer at 11:00 AM EST on April 1, 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. While attendance at this conference will not be a prerequisite to submitting a bid, bidders who intend to submit a bid are encouraged to attend.

The conference will begin promptly at the time indicated. 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.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

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

Click here to join meeting Enter Meeting ID: 297 964 124 515 Enter Passcode: zbyLyi Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 538 424 499#

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 thirty (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.

VDOT, Northern Neck Residency Attn. Residency Business Administrator

734 Barnfield Road Warsaw, VA 22572

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

FRNorthernNeckResidencyBusinessOffice@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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmMzYTg5ZmEtYTg5OC00MTM4LTgzMjYtYWNjYjU2ZmU4NDBm%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 mailto:edi@doa.virginia.gov mailto:FRNorthernNeckResidencyBusinessOffice@vdot.virginia.gov https://eva.virginia.gov/index.html

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 12, 2024.

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

Click here to join meeting Enter Meeting ID: 268 189 820 524 Enter Passcode: VRgMsB Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 364 730 655#

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.

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, 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_OTcyMWE5NDAtM2Y4NC00NDQ5LWEzMzAtYzJhM2NkNzAyN2U2%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 http://www.eva.virginia.gov/ as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case 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 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.