IFB 199 VSP 2024 001 Douthat Flooring Project.pdf

IFB# 199-VSP-2024-001

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CONSERVATION AND RECREATION (DCR)

600 East Main Street, Richmond, VA 23219

Invitation for Bids (IFB) 199-VSP-2024-001

Issue Date: January 9, 2024

Title: Douthat State Park Flooring Repairs and Replacement

Commodity Code: 36000 – Floor covering installation and removal of equipment and supplies.

Issuing Agency: Department of Conservation and Recreation 600 East Main Street • Richmond VA 23219

Location where work will be performed: Douthat State Park, 14239 Douthat State Park Road, Millboro Virginia, 24460

Sealed Bids Will Be Received until: 2:00PM local time, February 15, 2024, for furnishing the goods/services described herein and then opened in public. No late bids will be accepted.

Bid Open Date: February 16, 2024 at 2:00PM EST virtually via Microsoft Teams. Bidders wishing to attend must email Corey Richie at corey.richie@dcr.virginia.gov at least 2 days prior to the opening to receive an invite.

Pre-Bid conference: A MANDATORY pre-bid meeting has been scheduled for January 22, 2024 at 11:00am.

All interested bidders must attend, and late arrivals will not be allowed to participate. Those interested in attending are asked to RSVP to Corey Richie at corey.richie@dcr.virginia.gov. The meeting will begin at the park office.

All Inquiries for Information Should Be Directed To: Corey Richie, Procurement Officer at corey.richie@dcr.virginia.gov. All questions must be received via email by EOB February 9, 2024. All questions must be in writing and will be answered in writing, by email or addendum.

Electronic Bid Submissions ONLY will be accepted for this solicitation. Complete instructions for bid submission can be found in Section III of this document.

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and 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 hereto is true, correct, and complete.

Name and Address of Firm:

___________________________________________ Date:__________________________________

___________________________________________ By:____________________________________ Signature In Ink ________________________Zip Code:___________ Name:_________________________________ Please Print eVA Vendor ID #: ______________________

Fax Number: (___) ____________________________ Title: __________________________________

E-mail Address: _______________________________ Telephone Number______________________ mailto:corey.richie@dcr.virginia.gov mailto:barbara.layman@dgs.virginia.gov

TABLE OF CONTENTS

I. PURPOSE 3

II. SCOPE OF WORK AND SPECIFICATIONS 3

III. BID INSTRUCTIONS 7

IV. GENERAL TERMS AND CONDITIONS 7

V. SPECIAL TERMS AND CONDITIONS 15

VI. ATTACHMENTS 19

Attachment A-Vendor Data Sheet Attachment B-Virginia State Corporation Commission Registration Information Attachment C-Small Business Contracting Plan Attachment D-Pricing Schedule Attachment F-Electronic Bid Submission Information

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, or any other basis prohibited by state law relating to discrimination in employment.

I. PURPOSE: The purpose of this Invitation for Bids (IFB) is to establish a contract with a qualified vendor to repair/replace the existing floors throughout two (2) cabins and one (1) lodge at Douthat State Park.

II. SCOPE OF WORK AND SPECIFICATIONS: The flooring in these facilities has failed and is splitting;

creating large gaps. Multiple bathroom floors have moisture-related issues which have compromised the flooring. The contractor shall provide all materials, labor, equipment, and supervision necessary to remove any compromised materials and replace them with products that will mitigate future issues, and to replace flooring throughout the three facilities, per the following minimum requirements:

A. General Requirements

1. Attendance at the mandatory pre-bid meeting and site visit is REQUIRED prior to bidding.

Contact Corey Richie, via email (corey.richie@dcr.virginia.gov) to be included on the contractor list in advance of the meeting. All bidders must sign in to have their site visit recorded. This meeting will take place on January 22, 2024, at 11:00 AM local time at Douthat State Park.

2. PRODUCT REQUIREMENTS/SPECIFICATIONS OR AGENCY APPROVED EQUAL

PRESENTED AT TIME OF SITE VISIT:

• Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank

Flooring (20.1 sqft/case) I7829417LP - The Home Depot

• Click lock LVP.

• Waterproof

• Wear thickness of 20-22 mils

3. Work Dates and Time: The contractor must complete all work during the allotted timeframes.

The cabins will be closed for service during the performance of the work and must be completed before each facility's deadline. Cabin closures will be determined and agreed upon with awarded contractor. Each cabin must be completed within a 7-day timeframe. The whole project must be completed within 30 days of Purchase Order issuance.

All services shall be performed, unless mutually agreed upon by the Contractor and the Park Representative, during normal business hours, between the hours of 8:00 A.M. TO 6:30 P.M., Monday through Friday, except for State and Federal Holidays.

Crews will not be allowed to stay in the cabins while completing the work. However, reservations can be made independently by the contractor through the Virginia State Park reservation system.

Park Representative is Adam Bresnehan, Office 540-862-8100 Cell 434-942-2038 email adam.bresnehan@dcr.virginia.gov. Any deviation from the schedule described above must be approved in advance by the park.

SQUARE FOOTAGE PROVIDED IS AN ESTIMATE. ACTUAL MEASUREMENTS ARE THE

RESPONSIBILITY OF THE CONTRACTOR AND NO CHANGE ORDERS WILL BE DONE DUE TO

MISCALCULATIONS.

https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439

B. Scope for Services

1. Cabin 33 Floor – Approximately 741 square feet

• Remove and dispose of all existing laminate flooring throughout the cabin. Excludes tile bathroom and two tiled entrances.

• Install to manufacturer specifications Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank Flooring (20.1 sqft/case) I7829417LP - The Home Depot or agency-approved equivalent throughout the cabin.

• Repair any drywall or other damage that was impacted by the work in the area.

• Install matching cove/base and threshold trim in all areas where the flooring was replaced.

• Any waterproofing membrane/caulk used on this project must be pre-approved by the Park

Representative prior to application.

2. Lodge 34 Bathroom 1 – Approximately 72 square feet.

• Remove and dispose of tile floor and identify areas of compromised material with park staff.

• Remove any moisture-damaged material.

• Replace subfloor sheathing with AdvanTech sheathing of similar dimensions.

• Ensure that prior to installation of finished flooring material the threshold where the shower stall meets the subfloor is thoroughly caulked with 3M Marine Adhesive/Sealant or agency-approved equivalent.

• Ensure that the subfloor is treated with SEMCO Liquid Membrane or agency-approved equivalent, especially in areas where the subfloor meets the front of the fiberglass shower stall.

• Install to manufacturer specifications Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank Flooring (20.1 sqft/case) I7829417LP - The Home Depot or agency-approved equivalent. Color to be approved by park staff.

• Repair any drywall or other damage that was impacted by the work in the area.

• Install matching cove/base and threshold trim in all areas where the flooring was replaced.

• Prior to the job closure an inspection of the crawl space in the affected area needs to be conducted to ensure that scrap materials have been removed along with reinstallation of the insulation in the area.

Remaining Floor – Approximately 1610 square feet

• Remove and dispose of all existing flooring throughout the cabin. Exclude two tiled guest’s bathroom areas, and tiled kitchen.

• Install to manufacturer specifications Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank Flooring (20.1 sqft/case) I7829417LP - The Home Depot or agency-approved equivalent. Color to be approved by park staff.

• Repair any drywall or other damage that was impacted by the work in the area.

• Install matching cove/base and threshold trim in all areas where flooring was replaced.

• Any waterproofing membrane/caulk used on this project must be pre-approved by Park https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.lowes.com/pd/3M-Marine-Adhesive-Sealant-Pack-10-oz-White-Sanded-Caulk/3020020?cm_mmc=shp-_-c-_-prd-_-pnt-_-ggl-_-LIA_PNT_221_Glue-Adhesives-Caulk-Repair-_-3020020-_-local-_-0-_-0&ds_rl=1286981&gclid=Cj0KCQiAorKfBhC0ARIsAHDzslt-Q7XVclUXXkAngyzrdyZ0xSf4Z5gQGkwCbrGhe7qnnIyMldnkr74aAp_QEALw_wcB&gclsrc=aw.ds https://www.semcoworks.com/products/liquid-membrane?variant=28654345814080&gc_id=18580546689&h_ad_id=&gclid=Cj0KCQiAorKfBhC0ARIsAHDzslsbAVzS59frgK6v8oFo4877EEGLQDYqzfJ-MFSP7jWdOXyeI_0xGr0aAqBDEALw_wcB https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439

3. Cabin 35 Bathroom 1 - Approximately 66 square feet Bathroom 2 - Approximately 45 square feet

• Remove and dispose of tile floor in bathroom areas. Identify areas of compromised material with park staff.

• Remove any moisture damaged material.

• Replace subfloor sheathing with AdvanTech sheathing of similar dimensions.

• Ensure that prior to installation of finished flooring material that the threshold where the shower stall meets the subfloor is thoroughly caulked with 3M Marine Adhesive/Sealant or agency approved equivalent.

• Ensure that the subfloor in bath area and mechanical closet is treated with SEMCO Liquid Membrane or agency approved equivalent especially in area where the subfloor meets the front of the fiberglass shower stall.

• Install to manufacturer specifications Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank Flooring (20.1 sqft/case) I7829417LP - The Home Depot or agency-approved equivalent. Color to be approved by park staff.

• Repair any drywall or other damage that was impacted by the work in the area.

• Install matching cove/base and threshold trim in all areas where the flooring was replaced.

• Prior to the job closure an inspection of the crawl space in the affected area needs to be conducted to ensure that scrap materials have been removed along with reinstallation of the insulation in the area.

Remaining Floor – Approximately 1,131square Feet

• Remove and dispose of all existing laminate flooring throughout the cabin. Exclude two tiled entrance areas.

• Install to manufactures specifications Lifeproof Elliston Bay 22 MIL x 8.7 in. W x 48 in. L Click Lock Waterproof Luxury Vinyl Plank Flooring (20.1 sqft/case) I7829417LP - The Home Depot or agency-approved equivalent. Color to be approved by park staff.

• Repair any drywall or other damage that was impacted by the work in the area.

• Install matching cove/base and threshold trim in all areas where flooring was replaced.

• Any waterproofing membrane/caulk used on this project must be pre-approved by Park

4. Material specifications and data sheets must be provided at time of bid. Material specifications and data sheets must be included with the bid and approved by the Park Representative prior to the acceptance of bid. Not providing manufacturer product information may be grounds for exclusion from evaluations.

C. Contractor Requirements

1. Contractor is responsible for maintaining all necessary insurance and licenses as required and provide documentation before work can begin. All contractor personnel shall be fully qualified and trained.

2. Contractor shall be legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all work included in the scope of the contract.

3. Contractor shall maintain a Class B or higher contractor license.

https://www.lowes.com/pd/3M-Marine-Adhesive-Sealant-Pack-10-oz-White-Sanded-Caulk/3020020?cm_mmc=shp-_-c-_-prd-_-pnt-_-ggl-_-LIA_PNT_221_Glue-Adhesives-Caulk-Repair-_-3020020-_-local-_-0-_-0&ds_rl=1286981&gclid=Cj0KCQiAorKfBhC0ARIsAHDzslt-Q7XVclUXXkAngyzrdyZ0xSf4Z5gQGkwCbrGhe7qnnIyMldnkr74aAp_QEALw_wcB&gclsrc=aw.ds https://www.semcoworks.com/products/liquid-membrane?variant=28654345814080&gc_id=18580546689&h_ad_id=&gclid=Cj0KCQiAorKfBhC0ARIsAHDzslsbAVzS59frgK6v8oFo4877EEGLQDYqzfJ-MFSP7jWdOXyeI_0xGr0aAqBDEALw_wcB https://www.semcoworks.com/products/liquid-membrane?variant=28654345814080&gc_id=18580546689&h_ad_id=&gclid=Cj0KCQiAorKfBhC0ARIsAHDzslsbAVzS59frgK6v8oFo4877EEGLQDYqzfJ-MFSP7jWdOXyeI_0xGr0aAqBDEALw_wcB https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439 https://www.homedepot.com/p/Lifeproof-Elliston-Bay-22-MIL-x-8-7-in-W-x-48-in-L-Click-Lock-Waterproof-Luxury-Vinyl-Plank-Flooring-20-1-sqft-case-I7829417LP/323128439

4. Contractor registration is required in accordance with Section 54.1-1103 of the Code of Virginia.

5. The Contractor shall ensure that all OSHA safety regulations are followed throughout the course of the project. The area shall be clearly marked with “work in progress signs” and/or caution tape. Proper signage usage when working in a public right-of-way or where the safety of the public must be maintained.

6. The Contractor shall maintain a clean work site continuously throughout the duration of the project.

7. Contractor shall be responsible for moving furniture and other items inside of facilities to complete project. Contractor is responsible for replacing broken items, fixtures, etc. if damage occurs during moving. If items need to be removed from inside, contact park staff.

8. The Contractor shall be responsible for the removal and disposal of all debris as a result of this project. The Contractor shall be responsible for removing all discarded or unused material, trash and debris off the park’s premises.

9. It is the Contractor’s responsibility to verify any information, measurements and obtain any clarifications prior to submitting the bid response. DCR is not liable for any errors or misinterpretations made by the Contractor in response to this solicitation.

Contractor shall provide warranty information for the product(s) supplied and workmanship with their bid. The contractor shall provide the business name, contact name, phone number and address of an authorized service repair vendor that will honor all warranty work and repairs on the product they, (the bidder) offer in the same day or minimum 24-hour response time (including weekends). Bidders may be requested to provide sub-contractors’ names if your company is more than one hour from the installation location.

10. No portion of this work shall be sublet to subcontractors without first securing written consent of the Department.

III. BID INSTRUCTIONS:

A. ELECTRONIC BIDS will be accepted in the eVA Procurement System. See Attachment E for detailed instructions. These must be signed and submitted at the time of bid. NO MAILED, FAXED OR EMAILED BIDS WILL BE ACCEPTED. See ATTACHMENT E for Electronic Bid instructions or contact eVA Customer Care at 1-866-289-7367 or eVACustomerCare@DGS.Virginia.gov for assistance.

B. All bids for this solicitation shall include return of the IFB cover sheet, all attachments, and addenda acknowledgements, if any, signed in ink and filled out fully as requested. Bids must include all items listed to be considered in evaluation for award.

Questions related to the required attachments should be directed to the Contracting Officer via email (corey.richie@dcr.virginia.gov), no later than five (5) days prior to the close of bidding to ensure that answers can be returned.

It is the responsibility of the bidder to assure that his/her bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. Bids received after the time designated for receipt of bids will not be considered.

Bids shall be opened publicly at the date and time listed on the first page of this solicitation. Bid opening shall be completed virtually. All bidders that participate in this solicitation will receive an invitation to this bid opening.

C. Withdrawal or Modification: Bids may be withdrawn or modified by written notice received from bidders prior to the deadline fixed for bid receipt. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him/her on the face of the bid. Written modifications must be signed by the person making the modification or withdrawal.

mailto:eVACustomerCare@DGS.Virginia.gov

D. Errors in bids will be handled in accordance with section 5.13 of the Vendors Manual.

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 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 “Manuals.”

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender 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:

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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.

2. 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.

3. 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.

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

4. 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.

5. 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.

B. 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: 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 non-responsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify non-responsive 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. 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.

K. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. 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.

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

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

A. The parties may agree in writing to modify the scope of the contract. An 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.

B. 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. 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:

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

2. 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

3. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

O. 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.

P. DELIVERY POINT AND NOTIFICATION:

All items shall be FOB destination. The Agency shall be notified 24 hours prior to delivery of any items so that personnel may be available to allow access to the building and verify items received.

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. 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 coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA web site (www.eva.virginia.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: 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.

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ http://www.eva.state.va.us/

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

W. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: This solicitation shall result in multiple purchase order(s) with the eVA transaction fee specified below assessed for each order.

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

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

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

The specified vendor transaction fee will be invoiced by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

X. 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.

Y. 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/proposals.

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

mailto:eVA-catalog-manager@dgs.virginia.gov

AA. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or non-stock 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.

BB. PAYMENT:

A. To Prime Contractor:

1. 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).

2. 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.

3. 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.

4. 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.

5. 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).

B. To Subcontractors:

1. 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:

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

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

2. 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.

C. 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.

D. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

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.

B. AWARD: The Commonwealth will make the award on a grand total basis to the lowest responsive and responsible bidder that is a DSBSD certified micro business if such a bid is received, provided that the bid is less than $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award to the lowest responsive and responsible bidder. The Department of Conservation and Recreation reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

C. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one purchase order with the applicable eVA transaction fee assessed for each order.

D. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (60) days. At the end of the (60) days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. BID PRICES: Bid shall be in the form of a firm unit price for each unit during the contract period including all delivery cost and additional production fees. No additional fees will be allowed.

F. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $750,000 or more, the bidder/offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $150,000 or more, but less than $750,000 or more, the bidder is required to be licensed as a “CLASS B…