IFB 158838 Specifications.pdf

Administrative Services/Procurement

Bristol District/Abingdon Residency

Lawn Maintenance Service

Set-Aside for Small Business

IFB # 158838

INVITATION FOR BIDS IFB# 158838

Issue Date: April 12, 2024

Title: Lawn Maintenance Service

Commodity Code(s): 98800

Location Where Work Will Be Performed: Washington County

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Christine Necessary

Email: Christine.necessary@vdot.virginia.gov

Phone: (276) 696-3248

NOTE TO BIDDERS

Pre-Bid Conference: No Pre-bid Conference will be held.

Solicitation Closing Date and Time: 10:00 AM Eastern Daylight Time (EDT) on April 23, 2024. Refer to Solicitation Section

VIII.A for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:30 AM Eastern Daylight Time (EDT) on April 23, 2024. Refer to Solicitation

Section VIII.B 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:

• Virginia State Corporation Commission

• Normal and Emergency Contacts

• Subcontractor Approval Request (if applicable)

3. Invoices generated as a result of the contract must be submitted to the address listed in the specifications.

4. Ensure prices are correct. In case of an error, the unit price will govern. Do not create a separate bid to make corrections.

Contact eVA Customer Care for assistance in modifying a bid, if needed.

5. Any addenda issued for this solicitation must be signed, and uploaded with the bid submission.

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.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

Bristol District/Abingdon Residency

Lawn Maintenance Service

Administrative Services Division

Bristol District/Abingdon Residency

Invitation for Bids IFB # 158838

Lawn Maintenance Service

TABLE OF CONTENTS

Page

I. Purpose 2

II. Questions Regarding This Invitation For Bid 2

III. General 2

IV. Specifications/Contract Requirements 2

V. Pre-Bid Conference 6

VI. Method For Payment 7

VII. Invoicing 7

VIII. Bidders Instructions 7

IX. General Terms and Conditions 8

X. Special Terms and Conditions 16

Attachments:

A – Virginia State Corporation Commission Form

B – Normal and Emergency Contacts

C – Subcontractor Approval Request Form

RESOURCES BY REFERENCE

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

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

Bristol District/Abingdon Residency

Lawn Maintenance Service

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”), an agency of the Commonwealth of

Virginia, is soliciting bids from qualified firms to provide lawn maintenance services on an on-call, as needed basis for the Abingdon Residency Office. The Contractor shall provide all labor supervision, materials, tools, and equipment necessary to perform the work in accordance with the specifications contained herein.

Location: Abingdon Residency Office, 700 East Main Street, Abingdon, VA 24210.

PERIOD OF CONTRACT: The contract will be for a period of one year, with the start date to be determined at time of award (renewable).

SET-ASIDE: This solicitation is designated as a set-aside in accordance with the Small Business Enhancement

Award Priority as a Small Business Set-Aside Award Priority: Reference General Term and Condition, Paragraph Z, and Special Term and Condition Paragraph 3.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this Invitation for Bids shall be addressed to Christine Necessary, christine.necessary@vdot.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of questions or other matters raised. Provide questions by close of business April 18, 2024.

III. GENERAL:

For the purpose of clarification, each firm receiving this Invitation for Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the goods and 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 Bid 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: The Contractor shall furnish all labor, supervision, supplies, materials, tools, equipment and incidentals necessary to satisfactorily mow grass; pick up litter, leaves and debris; and trim around sidewalks, trees, buildings, parking areas, driveways, and fences at the Abingdon Residency as defined in this solicitation. The estimated size of the lawn is one (1) acre. For the purpose of this solicitation, the Contractor can anticipate areas to be mowed on a weekly basis, at a minimum, during the months of March through October, weather permitting. Additional mowing may be ordered during these months or other months in the contract period as determined by the Contract Administrator or designee.

The Contract Administrator or designee has the right to suspend mowing schedule during periods of dry weather or wet weather conditions.

B. GENERAL:

1. MOWING: The Contractor shall mow all specified areas to a height of 2.00” – 2.50”, or as directed by the Contract Administrator or designee, using a reel or rotary type mower. Mowing heights are to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting edges. Mowing patterns shall be such that the cut grass is evenly distributed and not windrowed into noticeable deposits. Grass clippings shall be collected whenever they are excessive, clumped, or will affect the appearance and/or health of the mailto:christine.necessary@vdot.virginia.gov

Bristol District/Abingdon Residency

Lawn Maintenance Service lawn. Special care must be taken during all aspects of this contract to prevent damage to property, trees, shrubs, vehicles, building and other appurtenances located on the property. The Contractor shall be responsible for any damage to vehicles or property caused by operations performed during the course of the contract. The Contractor shall remove all litter, accumulated leaves, and debris from premises prior to mowing, and dispose of them in an approved facility. Litter and debris shall hereby be defined as: paper, trash, cigarette butts, branches, candy wrappers, cups, or anything unsightly or easily distributed by wind. Litter and debris pick up shall consist of policing areas around the perimeter of all buildings on the lot. No trash or debris is to be cut up at any time during mowing operations.

2. SWEEPING: The Contractor shall clean all sidewalks, driveways, and entrances after each mowing is performed. Sidewalks and entry ways to the facility must be open at all times.

Sweeping shall be included in the mowing bid price.

3. HAND MOWING OR STRING TRIM: The Contractor shall hand mow, or string trim, all areas around sidewalks, trees, buildings, parking areas, driveways, fences, and utility amenities each time a mowing is performed. Special care must be taken not to damage trees, and shrubs. Hand mowing or string trim shall be included in mowing bid price.

4. WEEDING: All mulched areas shall be hand weeded 14 times during the growing season between April 1 and October 1. No herbicides or chemicals of any kind shall be used. Weeding shall be included in the mowing bid price.

5. EDGING: The Contractor shall edge all sidewalks, curbs, and other paved areas using a powered blade edger during the first mowing of each month. Debris from edging operations shall be removed and areas swept or vacuumed clean. Caution shall be used to avoid flying debris. Safety glasses shall be worn during this operation. Edging is a separate line item on the pricing schedule.

6. FEEDING: All areas with grass shall be treated with “feed” as to promote healthy grass visibly free of weeds and unwanted plants. Feeding shall be performed in the spring. VDOT reserves the right to request additional treatment per the Contract Administrator or designee. The Contract

Administrator or designee shall approve feed type. Contactor shall supply feed and VDOT shall reimburse the Contractor for feed used at the location at actual cost of the feed purchased. The

Contractor shall submit a supplier invoice for feed used at the VDOT location. There will be no markup accepted for the feed. VDOT reserves the right to furnish the feed for the Contractor to use. Feeding will be a separate line item, which shall be for labor and equipment only.

7. LEAF REMOVAL: All fallen leaves shall be removed from the mowing area in the spring and fall. Spring leaf pick up shall be before any mowing takes place, and shall be performed at 14 day intervals, beginning approximately October 10, until all leaves are removed from the grounds and around the buildings, or as directed by the VDOT Contract Administrator or designee. Leaf removal is a separate line item on the bid as a lump sum price for removal of all leaves in a season.

Payment for these services will be made once all leaves are removed and approved by the Contract

Administrator or designee. Contract Administrator will provide a date for spring and fall leaf removal.

8. MULCHING: Mulching shall be performed two (2) times per mowing season, once in the spring and once at the end of the mowing season. The type of mulch shall be determined by the Contract

Administrator or designee. Mulching in the spring shall consist of removal of all dead weeds and debris and replacing all mulch around trees and flower beds in front of the main office building and designated areas in the parking lot. The end of season mulching shall consist of removing dead weeds and replacing mulch as needed. Mulching will be a separate line item on the bid and shall be for equipment and labor only. Payment for these services will be made as they are completed and approved by the Contract Administrator or designee. The Contactor shall supply

Bristol District/Abingdon Residency

Lawn Maintenance Service mulch and VDOT will reimburse the Contractor for mulch used at the location at actual cost of the mulch purchased. The Contractor shall submit a supplier invoice for mulch used at the VDOT location. There will be no markup accepted for the mulch. VDOT reserves the right to furnish the mulch for the Contractor to use.

C. CONTRACTOR REQUIREMENTS:

1. CONTRACTOR’S CAPACITY TO PERFORM: The Contractor shall ensure their capacity to perform work under this contract, even though there may be other contractual responsibilities to

VDOT or elsewhere. The Contractor shall also be capable of commencing work within the timeframe required.

2. CONTACT PERSON: The Contractor shall assign a person as the contact who will have the authority to execute the contracted work. This person’s name and phone number shall be provided in Attachment B - Normal and Emergency Contacts.

3. EXPERIENCED, QUALIFIED PERSONNEL: The Contractor shall provide experienced, qualified and properly trained personnel needed to perform the work requested. Price quoted shall include profit, all direct and indirect costs such as general and administrative costs, the transporting of the equipment and personnel to and from designated locations, and the use of cellular phones and handheld radios used by the Contractor to conduct business.

4. LICENSES: The Contractor shall ensure that operators of equipment possess a valid Driver’s

License or Commercial Driver’s License with the proper endorsements as required by the equipment being operated.

5. REVIEW OF THE WORK SITE: The VDOT Contract Administrator or designee will provide details of the work site for the Contractor prior to the start of work.

6. DELIVERY, PARKING & STORAGE: The Contract Administrator or designee will approve the parking, storage arrangements, and staging areas within the Residency Lot. VDOT will not be responsible for any damage to the Contractor’s equipment that is left at these sites.

7. SUPERVISION: It shall be the Contractor’s responsibility to completely supervise and direct the work of their employees as well as all subcontractors that they may utilize, using their best skill and attention. Subcontractors who perform work under this contract shall be responsible to the

Contractor.

8. CLEANUP: The Contractor shall clean up frequently, so the worksite presents a neat, orderly, and workmanlike appearance at all times. If the Contractor fails to clean up at the completion of the work, the Contract Administrator or designee may do so and charge the costs to the

9. DISPOSAL: The Contractor is responsible for disposing of all refuse, rubbish, and debris caused by their operations, in accordance with local regulations. No such refuse, rubbish, and/or debris shall be left within the completed work area nor buried on the job site, but 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. The Contractor shall pay for landfill disposal costs.

D. EQUIPMENT REQUIREMENTS:

1. EQUIPMENT: The Contractor shall provide, maintain, and operate equipment designated for the operation(s) described herein and shall ensure the equipment is in good repair and operating condition.

Bristol District/Abingdon Residency

Lawn Maintenance Service

2. FUELED AND READY: The Contractor, at their own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all tools and safety supplies.

E. SAFETY REQUIREMENTS:

1. SAFETY STANDARDS, RULES AND REGULATIONS: The Contractor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards, and VDOT safety rules and regulations as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to, equipment having vehicular backup alarm systems and flashing lights, and equipment that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Section X, Special Terms and Conditions, Paragraph 23 - Safety and Health Standards.

2. PROTECTION OF PERSONS AND PROPERTY: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site, or be affected by the

Contractor’s operation in connection with the work, by ensuring all work/job areas are maintained as clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

3. AUTHORITY TO SUSPEND WORK: During the execution of the work, the VDOT Contract

Administrator or designee will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the worker’s and/or general public, for failure to carry out orders for such period, and as he or she may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

4. SAFETY EQUIPMENT: The Contractor shall also provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, safety hats, safety garments, steel toe shoes, gloves, and glasses. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. SATISFACTION: All work shall be performed according to the standard of the industry and completed to the satisfaction of the Contract Administrator.

2. COMMUNICATION: Each crew shall have at least one crewmember that communicates in

English (both orally and in writing) and comprehends the English language. This crewmember shall communicate instructions to other crewmembers or coordinate this communication.

3. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all personnel while at the work site. Contractor’s employees appearing to be under the influence of alcohol or drugs will not be permitted on the property.

4. CONTRACTOR’S PERSONNEL: The Contractor’s personnel shall at all times serve the public in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions to the Contract Administrator or designee.

Bristol District/Abingdon Residency

Lawn Maintenance Service

5. BEHAVIOR: Behaviors displayed by the Contractor’s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. No loud or boisterous conduct will be permitted. Repeated incidents will be grounds for termination of the contract at the discretion of VDOT.

6. APPEARANCE: Any person working under this contract shall be neat in appearance at all times.

Proper dress shall include long pants (slacks) and shirts or blouses with sleeves (short or long and buttoned if required). Clothing shall be appropriate for weather conditions.

7. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT’s property without prior written approval by the Contract Administrator or designee.

G. METHOD OF ORDERING WORK:

1. WORK NOTIFICATION PROCEDURE: The Contractor's official notification is the issuance of a purchase order outlining work to be accomplished.

2. RESPONSE TIME: The Contractor shall report to work within five (5) calendar days after the first notification by the Contract Administrator or designee.

3. COMPLETION OF WORK: The Contractor shall complete all directed mowing after commencing work and before leaving work site.

4. CONTINUOUS OPERATION REQUIRMENT: The Contractor shall provide a continuous operation once they commence work, with the exception of interruptions caused by delays authorized by the Contract Administrator or designee. If this is not done, a Procurement

Complaint Form may be issued, which may ultimately result in the default of the contract in accordance with General Terms & Conditions, Default, Paragraph P.

5. CONTRACTOR’S FAILURE TO REPORT: If a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms &

Conditions, Default, Paragraph P. A Procurement Complaint Form may be issued against the

H. AUTHORIZED WORK HOURS:

1. SCHEDULES: All work shall be performed during hours designated by the Contract

Administrator or designee. Work shall be performed Monday through Friday beginning at 8:00 am until 3:30 pm unless otherwise authorized by the Contract Administrator or designee. Starting times and schedules may vary. No work shall be performed during non-daylight hours.

2. HOLIDAY WORK RESTRICTIONS: Normally, the Contractor will not be permitted to work on Virginia State or Federal holidays observed by VDOT without the written permission of the

Contract Administrator or designee. For the purpose of this contract, holidays are defined as those observed by Virginia State Employees and any additional days as declared by the Governor. The

Contractor shall perform cleaning on the next available working day following holidays.

V. PRE-BID CONFERENCE:

A pre-bid conference will not be held for this solicitation; however, potential bidders may present questions and obtain clarification relative to any facet of this solicitation. Interested firms may contact:

christine.necessary@vdot.virgnia.gov with questions regarding sites.

mailto:christine.necessary@vdot.virgnia.gov

Bristol District/Abingdon Residency

Lawn Maintenance Service

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.

A PAYMENT: Payment will be made based upon pricing schedule and must be approved by Contract

Administrator.

B. VERIFICATION: Payments for services rendered by the Contractor will only be made for Contractor invoices which are authorized and validated by the Contract Administrator. The Contractor shall ensure work completed is in compliance with the contract specifications and VDOT regulations by submitting the completed daily production report form provided by VDOT. The Contract Administrator or designee will inspect the job site within the same day of completion to ensure work has been completed satisfactorily.

Any deficiencies shall be corrected within 24 hours by the Contractor at their sole expense prior to final acceptance of the work. If necessary the VDOT Contract Administrator or designee may request a meeting with the Contactor to discuss contract performance.

VII. INVOICING:

Invoices may be submitted monthly to the address and section 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.

Virginia Department of Transportation

Abingdon Residency

Attn: Chris Jackson

700 E. Main St.

Abingdon, VA 24210

In lieu of mailing, invoices may be submitted as an attachment via email to: chris.jackson@vdot.virginia.gov.

VIII. BIDDER’S INSTRUCTIONS AND PUBLIC BID OPENING:

A. 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 mailto:edi@doa.virginia.gov mailto:chris.jackson@vdot.virginia.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

Bristol District/Abingdon Residency

Lawn Maintenance Service

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.

B. 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 Vendor’s 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 10:30am EDT on April 23, 2024.

Microsoft Teams meeting

Join on your computer, mobile app or room device

Join the meeting now

Meeting ID: 267 805 669 526

Passcode: oZ9JdR

Dial-in by phone

+1 434-230-0065,,21726967# United States, Lynchburg

Find a local number

Phone conference ID: 217 269 67#

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 names, company, 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 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.

mailto:eVACustomerCare@dgs.virginia.gov https://eva.virginia.gov/index.html

Bristol District/Abingdon Residency

Lawn Maintenance Service

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

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

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

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

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

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

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the

Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the

Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

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

Bristol District/Abingdon Residency

Lawn Maintenance Service

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 AND RFPs:

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).

Bristol District/Abingdon Residency

Lawn Maintenance Service

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.

Bristol District/Abingdon Residency

Lawn Maintenance Service

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC

CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT

STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS,

CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

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

Bristol District/Abingdon Residency

Lawn Maintenance Service provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing

Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors

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

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty.

Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Omitted.

R. USE OF BRAND NAMES: Omitted.

S. TRANSPORTATION AND PACKAGING: Omitted.

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance 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.

Bristol District/Abingdon Residency

Lawn Maintenance Service

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA

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

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace;

and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. 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 eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the

Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the…