IFB_199_2023_041_Refuse_Contract_with_optional_services_line_Westmoreland_State_Park_FINAL_01102024_IFB_.docx

DCR—Virginia State Parks –Westmoreland State Park Refuse Services-IFB-199-VSP-2023-043

Initial Period of Contract: Award by Approved Purchase Order Issued from eVa and signed contract summary term year (1) one to begin January 1, 2024, or date of award through December 31, 2024

Sealed Bids will be received up until Thursday, January 25, 2024 at 2:00PM EST to furnish all goods/services described herein and then opened in public via teams meeting Friday, January 26, 2024 at 2:00 PM EST . Contact cristina.garcia@dcr.virginia.gov to request an invitation to the bid opening.

Electronic Bid Submissions ONLY will be accepted for this solicitation. Complete instructions for bid submission can be found in section III of this document. EMAILED, MAILED OR FAXED BIDS WILL NOT BE ACCEPTED.

Site visit: An optional site visit can be scheduled by calling the park office at 804-493-8821. Visitors must sign in at the park office. All site visits must take place prior to 1:00PM EST on Wednesday, January 24, 2024.

Clarification of Terms: Questions about the specifications or other solicitation documents must be sent in writing via email, to cristina.garcia@dcr.virginia.gov no later than 4:00 PM EST on Wednesday, January 24, 2024. Please include IFB Number Reference in the subject of the email. If the Agency concludes that questions and answers require a change in scope of work, all questions and answers will be provided by addendum to be posted on www.eva.virginia.gov. It is the responsibility of the Bidder to download the addendum to obtain the information.

In compliance with this Invitation for Bid and to all the conditions imposed therein. The undersigned firm offers and agrees to furnish the Goods/Services required by this IFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached is true, correct, and complete.

Name and address of firm:

Company Name: ______________________________

Date: ___________________________________

Address: ______________________________

By: ___________________________________

(Hand Signature or digitally signed and provided attached to the bid solicitation)

City/State: ______________________________

Name: ___________________________________

Zip Code: ______________________________

Printed

Contractor’s TIN: ______________________________

Title: ___________________________________ eVA Vendor ID or DUNS Number: ________________

Phone: ___________________________________

DSBSD Certification Number: ___________________ e-Mail: ___________________________________

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 or offeror 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 or request for proposal

TABLE OF CONTENTS

SECTIONS PAGE

I. PURPOSE AND BACKGROUND 3

II. SCOPE OF WORK JOB AND CONTACTOR REQUIREMENTS 3

III. BID INSTRUCTIONS 9

IV. GENERAL TERMS AND CONDITIONS 10

V. SPECIAL TERMS AND CONDITIONS 19

VI. METHOD OF PAYMENT 28

VII. ATTACHMENTS 28

A. Vendors Data Sheet (page 29) B. Pricing Schedule (page 30-40) C. State Corporation Commission (SCC) Form (page 41) D. Proprietary/Confidential Information Identification (page 42) E. Small Business Subcontracting Plan (Page 43-44) F. Commonwealth of Virginia Substitute W-9 Form (page 43 blank use separate pdf attachment) G. Online Bid Instructions (page 45) H. Other Services List – Must be returned at time of bid to be included in contract (page 47) I. Park Location Map and Trail Map-for informational purposes to vendors (page 48-49)

I. PURPOSE AND BACKGROUND: The intent of this solicitation is to obtain bids for a (1) one year contract, with (4) optional (1) one-year renewals for refuse services (not to include hazardous waste or infectious materials) as specified in Scope of work/specifications section of this solicitation. Response to this solicitation will require signature of a contract summary between the Department of Conservation and Recreation Central Procurement Office and the bidding parties with no requirement to sign additional terms and conditions agreements by Department of Conservation and Recreation employees and the issuance of a purchase order in eVA for each year of the contract.

II. SCOPE OF WORK/SPECIFICATIONS: The qualified supplier shall provide, equipment, labor and supplies to perform all refuse services at the below listed Site Service location, a member of the state park system managed by the Virginia Department of Conservation and Recreation following specifications listed below:

A. Site Service Location:

Westmoreland State Park 145 Cliff Road Montross, VA 22520

B. Refuse Pickup Requirements

1. The Contractor shall provide all labor, supervision, transportation, equipment, supplies, and material necessary to collect and dispose of refuse non-hazardous waste or infectious material content from the designated site.

2. The Contractor shall provide containers and dispose of the refuse therein in a manner approved by the Commonwealth of Virginia, Department of Health, Department of Waste Management, and all applicable Federal, State and Local laws.

3. All refuse removed shall be disposed of in a state approved sanitary landfill. The Contractor shall provide evidence the landfill has been approved by the Virginia Department of Health and/or the Virginia Department of Environmental Quality.

4. The Contractor shall provide suitable containers designed for heavy trash service. The containers shall be designed to provide rodent-proof, animal-proof to include bear, and wind-proof storage of items. The Commonwealth prefers the use of containers with plastic latch able lids.

5. The Contractor shall be responsible for the maintenance and repair of the metal container placed in compliance with this contract. The container shall be maintained in a constant state of repair, preservation, and neat appearance. In addition, the contractor shall respond within eight (8) hours to all repair and/or service calls and shall replace any component of the container that requires repeated maintenance/repair service.

C. General Service Requirements:

1. The Contractor’s staff shall be responsible for cleanup of any spillage or leakage on the property during the transporting of refuse and/or recycling away from collection areas. At the completion of each pick up, it shall be the responsibility of the driver of the equipment to clear the immediate/adjacent area(s) of any debris which may be a result of his actions–by whatever method.

2. Waste/recycled materials that are blown by the wind shall be recovered and disposed of by the equipment operator or his/her assistant. In no case shall the operator leave a site with waste materials in the area.

3. The Contractor shall make provisions for all containers to be supported in such a manner as to minimize tipping or spilling and shall be responsible for keeping the area around the containers free of garbage and refuse.

4. The Contractor shall disinfect containers as needed or requested by park staff to minimize foul odors to park guest and prevent attraction to surrounding wildlife. At the time of award, a disinfectant product may be requested and its supporting SDS data sheet.

5. The Contractor shall take reasonable precautions to prevent damage to roadways, and any other areas.

D. Contractor’s Staff:

1. The Contractor shall provide an adequate number of reliable and properly trained personnel to provide the services required.

2. The Contractor shall provide a driver who possesses a valid commercial driver’s license and adequate number of personnel on each collection truck to ensure refuse/recycling is loaded properly and ensure cleanliness of the refuse/recycling staging area(s).

3. The Contractor shall have staff sign in if required by the designated location at a designated spot determined by the location to ensure that park staff are aware of the contractor’s presence on the park grounds.

E. Other as needed container rentals, pick-ups, and services:

1. Lot 1 Minimum Contract Scope:

a) Refuse Containers -The Contractor shall provide at minimum additional containers on an as-needed basis of the minimally scoped container(s) size(s) and service level equal to those requested in lines identified as mandatory bid line items in the minimal scoped needed services and pricing list.

2. Lot 2 Other Offered Additional Services on an As Needed Basis to be identified in attachment H for participating contractors:

a) Construction Waste Containers -The Contract may provide other containers to include but not limited to 20yard and 30yard roll off containers, rentals, pick-ups, and services upon request and must bid on to be corresponding line items to be included in the resulting contract.

b) Other Additional Services -The Contractor may be requested to supply additional containers for special purposes. This includes, but is not limited to recyclable materials, special events, construction/renovation debris, non-hazardous waste removal, bulky and/or weight materials, segregated materials for construction waste recycling, etc. Service will be upon request and based on the availability in area of requesting park at pricing quoted at time of need.

c) Additional services in this section must be invoiced separately at the conclusion of the service. The agency reserves the right to obtain other estimates prior to authorizing the Contractor to proceed. Approval by the agency to proceed with any additional services in this section will be the issuance of a purchase order using the resulting contract number.

d) The Commonwealth of Virginia, Department of Conservation and Recreation reserves the right to optionally use the additional services portion of the resulting contract based on the available funds and evaluation of the quote at the time of request and no expectation shall be made by the vendor that the services offered will be used during the duration of the resulting contract.

F. INCLEMENT WEATHER: Should inclement weather conditions or problems beyond the control of the Contractor interrupt or delay service, the Contractor shall advise the park designee of the following:

1. Service stoppage or delay, and

2. Date of alternate pick up(s)

Minimum Needed Equipment and Pickup Schedule:

LOT as needed by quote at time of need

See Attachment “H”

G. Billing Specifications: Additional Charges/Price increases/online order and invoice portals.

1. The subsequent contract will be a firm-fixed price agreement. The fee(s) will remain firm and will include all charges that may be incurred in fulfilling the requirements of the contract during the first 365 days Pricing shall be all inclusive and shall include any landfill fees and fuel surcharges.

2. Only those Service line items bid and added to the resulting contract shall be billable fees to the Commonwealth of Virginia all other fees such as finance fees or late payment fees are not allowed under the contract and contractor agrees to Commonwealth of Virginia Payment terms and conditions 30 days net of receipt of services billable after the 30-day period of services received.

3. Contractor agrees to bill monthly for the prior month’s services and invoice separately for additional services requested on a separate purchase order such as “other services” offered under the contract.

4. Contractor must agree that any situation arising that may prompt finance fees or late payment fees will be handled on a case-by-case basis addressed by Department of Conservation and Recreation’s Finance Office only and may be requested to be removed from the account billing depending on the addressed situation.

5. Price increases on the contract are handled at the time of renewal and as specified in the renewal clause.

6. Contractor must agree that online invoicing and payment processing portals are not required to be accessed by the Department of Conservation and Recreation to obtain invoices and make payments under this contract and they are viewed as a convenience to the contractor. All invoices shall be provided to the Commonwealth in the manner requested by the location and a finance contact who is provided the resulting contract will be provided to the Commonwealth.

7. Credit card processing fees are allowed however may not be assessed at more than 3% percent per transaction. These fees will not be reflected on the purchase order in eVA but are required to be reflected on the invoice as a separate line item at the time of invoicing.

H. Invoice(s) Format.

1. All invoices as a result of this contract must match the purchase order line item being billed.

2. All invoices as a result of this contract must reflect an invoice number, invoice date, service period being billed, purchase order number, fee description.

3. All invoices as a result of this contract must have a remittance address that is reflected in the eVA account and an option to select in the event of a late payment processing event. NO LATE INVOICES CAN BE PROCESSED ON THE COMMONWEALTH OF VIRGINIA CREDIT CARD.

III. BID INSTRUCTIONS: Bid Instructions.

A. Bids shall include the return of the IFB/Quick Quote cover sheet and all addenda acknowledgements, if any, signed in ink and filled out fully attached electronically at time of bid as requested and include all listed items below to be considered for evaluations. Failure to bid those items identified as mandatory bid items in the format requested or return requested forms completed at time of bid may result in the bidder being removed from evaluations and ruled nonresponsive.

1. Attachment A Vendor Data Sheet

2. Attachment B Pricing Schedule

3. Attachment C SCC Form

4. Attachment D Proprietary Identification Form

5. Attachment E Small Business Subcontracting Form

6. Attachment F Commonwealth of Virginia Approved Substitute W9 form – must match bidding company’s eVA record and tax filing status.

7. Attachment H Other Services List (Optional for participating bidders)

8. Attachment I Park Location Map and Information -provided as information only and does not have to be returned with bid.

B. Questions on how to complete the required attachments shall be directed to the Contracting Officer by emailing no later than 5 days prior to close of the bid to ensure answers can be returned.

cristina.garcia@dcr.virginia.gov

C. Please see attachment G with instructions and contact information on how to electronically bid. Electronic bids accepted only with price entered on each line marked Mandatory bid line preferred. Allow ample time if assistance is needed in placing bid in Eva.

IV. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

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 proposals, 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 sex, 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 proposal, 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 IFB: Failure to submit a bid on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a proposal. 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 proposal 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 dispute’s 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 procure them 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: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

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

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 these 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.

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.)

Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical

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: An bidder, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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 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 original purchase order is issued and the current fees are as follows:

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

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

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

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids.

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

AB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

AC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a state workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a state workplace or is associated with a person who is a state employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

V. SPECIAL TERMS AND CONDITIONS:

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

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