IFB_Sandston__Troutvill__Stephens_City_1__1_.pdf

VIRGINIA DEPARTMENT OF MOTOR VEHICLES

INVITATION FOR BIDS (IFB)

Issue Date: August 12, 2024 IFB# 154:25-56784

Title: Westbound Scale Refresh and Troutville & Stephens City Northbound Headwall

Repair

Commodity Code: 78084 & 78096

Issuing Agency: Commonwealth of Virginia

Department of Motor Vehicles

(DMV) 2300 West Broad Street Richmond, Virginia 23220

Location Where Work Will Be Performed:

DMV Motor Carrier Service Center

Sandston MCSC

5851 Lewis Road

Sandston, VA 23150

Stephens City MCSC

296 Kline Mill Ln

Middleton, VA 22645

Troutville MCSC

299 Bryant Road

Roanoke, VA 24019

Period of Contract: From Date of Award until completion of projects acceptance.

Sealed Bids Will Be Received Until 4:00 PM Eastern Standard Time (EST) on Friday, August 23, 2024 for furnishing the goods and/or services described herein.

Sealed Bids will be OPEN at 2:00PM Eastern Standard Time (EST) on Monday, August 26, 2024, virtually via the following: Microsoft Teams Meeting CLICK HERE TO JOIN THE MEETING or call (434)230-

0065 Conference ID 375 179 756#

All inquiries for information should be directed to Regina Kenny, Procurement Officer via E-mail to:

regina.kenny@dmv.virginia.gov. No questions will be made or answered orally. Questions should be received by 2:00 PM EST Friday August 16, 2024.

IFB# 154:25-56784 is an invitation for an electronic sealed bid; therefore, bids submitted outside of eVA, such as via e-mail, mail, or fax, will NOT be accepted. Electronic sealed bids will be received until the closing date and time provided in the solicitation. Any bid received after the closing date and time will not be considered and will be date and time stamped, marked “late,” and retained unopened in the procurement file.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzE4MTcwNGUtNDBmOS00NWRmLTgxZGEtOGY5Y2Y1YzNhMzRm%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%227e983a42-48c3-4a8a-892f-56a746243908%22%7d mailto:regina.kenny@dmv.virginia.gov

Pre-Bid Conference: Refer to Section III for instructions on how to participate.

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:

Zip Code:

eVA Vendor ID:

Fax Number: ( )

E-mail Address:

Date:

By:

(Signature in Ink)

Name:

(Please Print)

Title:

Telephone Number: ( )

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

IFB 154:25-56784

Westbound Scale Refresh, Troutville Northbound & Stephens City

Northbound Departure Headwall Refresh

PO BOX 279

CLOVERDALE VA, 24077

TABLE OF CONTENTS

I. PURPOSE

II. DEFINITIONS

III. PRE-BID CONFERENCE

IV. BIDDER UNDERSTANDING OF REQUIREMENTS

V. SCOPE OF WORK

VI. BIDDERS INSTRUCTIONS

VII. BIDDER QUALIFICATIONS/AWARD

VIII. INVOICES AND METHOD OF PAYMENT

IX. GENERAL TERMS AND CONDITIONS

X. SPECIAL TERMS AND CONDITIONS ...................................................................... …17

XI. ATTACHMENTS

A: State Corporation Commission Form

B: Vendor Data Sheet

C: Small Business Subcontracting Plan

I. PURPOSE

The purpose of this Invitation for Bids (IFB) is to one qualified vendor to provide services listed in

Section V Scope of Work.

II. DEFINITIONS

The following definitions apply to this solicitation:

• Authorized Users means Virginia Department of Motor Vehicles (DMV).

• Bid or Response means the official written bid submitted by a bidder in response to this solicitation.

• Bidder means the company or firm submitting a bid in response to this solicitation.

• Contract means the resulting agreement executed by and between the Commonwealth and the

Contractor, as now or hereafter amended.

• Contractor means the person or entity delivering products or performing services under all contractual provisions stipulated under any contract resulting from this solicitation.

• Department of Small Business and Supplier Diversity (DSBSD) means the Commonwealth of

Virginia agency dedicated to enhancing the participation of small, women- and minority-owned businesses in Virginia’s procurement process.

• Department of Motor Vehicles (DMV) means the agency conducting this procurement. For the purposes of this solicitation, DMV may be referred to as “Agency” or the “Commonwealth.”

• eVA means the Commonwealth of Virginia’s Internet electronic procurement solution website portal which streamlines and automates government purchasing activities in the Commonwealth.

The portal is the gateway for vendors to conduct business with Virginia state agencies and public bodies. Obtain additional information on eVA at http://www.eva.virginia.gov and click on “I Sell to Virginia.”

• Invitation for Bid (IFB) means the entire solicitation document, including all parts, sections, exhibits, attachments, and amendments.

• Order or Purchase Order (PO) means any eVA order used to order the products and services on the Contract.

• Virginia Business Opportunities (VBO) means the Commonwealth of Virginia’s website portal to access all bid opportunities and solicitations published for goods and services that state agencies and localities purchase.

III. PRE-BID CONFERENCE: Will begin at 10:00 a.m. EST on the dates listed below.

Thursday, August 15, 2024 – Sandston MCSC

Monday, August 19, 2024, - Troutville MCSC

Tuesday, August 20, 2024 - Stephens City MCSC http://www.eva.virginia.gov/

IV. BIDDER UNDERSTANDING OF REQUIREMENTS AND QUESTION SUBMISSION

A. Bidder Understanding of Requirements: Bidder shall be fully responsible for understanding the

Scope of Work, terms and conditions, all other aspects of the IFB, and factors affecting contract performance before submitting a Bid. It shall be the Bidder’s sole responsibility to inquire and obtain clarification if the Bidder does not fully understand the IFB requirements.

DMV shall accept no responsibility for a Bidder not receiving the solicitation, amendments and/or other solicitation documents. Bidder shall be solely responsible for regularly checking the status of the solicitation in the eVA Portal for any updates, changes, amendments, or other information pertaining to the IFB. To find solicitation updates, go to www.eva.virginia.gov, click on “Business Opportunities, Virginia Business Opportunities (VBO), and type

“154:25-56784” into the Search Box.

B. Bidder Question Submission: No questions will be answered by phone. Questions regarding the solicitation must be submitted in writing to Regina Kenny via e-mail no later than 2:00 P.M. Friday

August 16, 2024, Identify the question by noting the solicitation number “IFB# 154:24-56784 in the subject line of the email. Official answers to all written questions may be posted on the VBO.

The identity of a Bidder will not be published with the answers; however, the text of questions may be restated by DMV and Bidders should not include language in questions that may reveal their firm’s identity.

C. IFB Amendments: Formal changes to the IFB, including but not limited to contractual terms and procurement requirements, will only be changed by formal written amendments issued by DMV. If you submit a bid and a formal amendment is issued, Bidders must resubmit their bid under the newly amended solicitation.

V. SCOPE OF WORK

The Contractor shall provide all materials, labor, supervision, and equipment necessary to perform the below services.

A. Sandston Westbound Scale Refresh

Sandston Westbound Scale Decks must be pulled, sandblasted, and painted, all scale decks must be removed from westbound pit, placed on blocks adjacent to the scale and then sandblasted, painted and re-installed. Mounting pins and mounting links must be removed and replaced at this time.

The main objective of this project is to reduce rust and corrosion of the scale deck, allow proper mounting of the scale plates and pins and increase the lifespan of the scale platform. This service has already been performed on the Eastbound side of the Sandston weigh station.

Overall, Scope Of Work

1.) Remove all scale platforms from the scale pit, set on blocks in parking area adjacent to the

MCSC building in such a way that staff parking is still possible.

2.) Remove all scale mounting hardware, pins and hanging plates must be replaced.

3.) Sandblast Scale decks to bare steel.

4.) Re-paint steel surfaces of scale platforms.

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

5.) Provide and replace all mounting pins and hanging plates, confirmed at time of writing to be available from Avery Weigh-tronix.

6.) Reinstall scale decks using all new hot dipped galvanized bridge or structure grade hardware.

7.) Ensure that after the repairs are complete there is no binding, and all hardware is as requested and in place before completion.

8.) Be present for certification process.

Requirements for Acceptance

1.) The Contractor shall furnish all labor, equipment, materials, hardware, documentation, engineering, warranties, tools, and services necessary for the scale removal and re-installation of the fully operational scales as specified.

2.) Sandblasting of steel decks must be done in compliance with all applicable health and safety laws for paint removal and disposal in the locality of the scale.

3.) Be responsible for the removal, replacement and hook up of scale platforms and components as per manufacturer’s specifications to assure proper operation of the completed scale.

4.) Upon completion and acceptance of the scale re-installation as described above, the finished scale shall be tested to pass accuracy testing in accordance with the National Institute of

Standards and Technology’s Handbook 44 (latest edition) for a maintenance tolerance in service Class IIIL weighing device, this testing will be completed by DMV Technical services.

5.) Provide work site clean-up upon completion of installation and return all surrounding landscaping, sidewalks, paving to pre-project conditions.

Contractors Requirements

1.) The Contractor shall have held a Class A registered Contractor license in the Commonwealth of Virginia for a minimum of two (2) years under the same business name. The Contractor shall be registered under the established regulations as established and revised by the Virginia

Board of Contractors, Department of Professional and Occupational Regulations.

2.) The Contractor shall provide all labor, materials, insurance, bonds, transportation to fully support this construction contract.

3.) The Contractor shall not assess delay claims against DMV due to delays that are beyond

DMV’s control.

4.) The Contractor shall perform all work in accordance with the standards and practices applicable to the trades with personnel certified in the trades.

5.) The Contractor shall adhere to the quality of work as defined in the American Institute of

Architect’s Master Spec, the Virginia Department of Transportation Road and Bridge

Specifications, and prevailing trade certifications.

6.) The Contractor shall adhere to all applicable state and federal codes including the Virginia

Uniform Statewide Building Code and the Virginia Department of Labor and Industry

Standards for job safety.

7.) The Contractor shall provide all first quality materials that comply with the American Society for Testing Materials (ASTM).

8.) The Contractor shall coordinate all work of the trades on a project and provide on-site supervision of all trades.

B.) Headwall Repair for Troutville MCSC and Stephens City MCSC

The Contractor shall provide all necessary labor, supervision, equipment, craning, tools, materials, supplies, transportation, permits, approvals, incidentals, bonds, and certifications necessary to remove scale decks if needed and replace the headwalls and sidewalls and replace the damaged or rusted coping of the approach end of Troutville Northbound and the Departure end of Stephens City

Northbound. Contractor must then re install any removed scale decks at both named locations and be onsite for calibration and acceptance testing if scale decks are removed. The Contractor shall perform all work in accordance with these specifications, all OSHA (Occupational Safety and Health

Administration) requirements, and all Virginia Department of Transportation Road and Bridge

Specifications.

Overall Scope of Work

1.) The Contractor shall remove all damaged material from the named headwalls and sidewalls of the existing scale pits, this shall include material from the left and right of existing side walls extending at least 36 inches back from the headwall and all material from headwall and sidewalls is to be removed to a depth of at least 18 inches minimum. Headwall is from leading edge of the coping to the first expansion joint in the approach and departures which varies by location.

2.) The Contractor shall be responsible for all pit coping or armorer edging steel replacement for headwall and sidewall. The coping shall be replicated to match that which is removed and welded into place at all seams. The Contractor is responsible for procurement of all materials and the correct and proper placement of all steel needed for completion of this project and replacement is to be within +/- 1/16th of an inch when completed. All replacement steel is to be pre-painted with a standard industrial A-B epoxy paint mix in a gray color and welded into existing surroundings. There shall be no open seams between old coping and new upon completion.

3.) All concrete used must be of 3500psi strength and all reinforcing rebar must be epoxy coated. All coping must be doweled into place with 8” dowels covered in a rust resistant coating. Craning all scale platforms necessary from the scale pit, set on blocks in parking area adjacent to the MCSC building in such a way that staff parking is still possible.

Contractor is responsible for pouring and testing three test cylinders of concrete and the concrete must have break tests performed at 7 days, 14 days and 21 days to the 3500psi requirements.

4.) All headwall projects must be done one side at a time so that weigh stations may remain open during this project. DMV Technical Services will provide information regarding the order of headwalls to be replaced.

Requirements for Acceptance

1.) The Contractor shall furnish all labor, equipment, materials, hardware, documentation, engineering, warranties, and services necessary for the pit modifications and re-installation of the fully operational scales as specified.

2.) Repair and resurface headwalls in proper locations per manufacturers specifications including but not limited to concrete for piers shall be a 3,500-psi mixture.

3.) All reinforcement steel rebar shall be epoxy coated.

4.) Contractor is responsible for the removal, replacement and hook up of scale platforms and components as per manufacturer’s specifications to assure proper operation of the completed scale.

5.) Contractor is responsible to return surrounding landscape, signage, pavement, or any other part of the facility that could be damaged in the repair of the headwalls to its pre-work condition.

6.) Contractor must repair or replace any loose, rust perforated or damaged scale pit surrounding coping or underlying coping supporting structure to prevent movement of coping or exposure of damaged coping across each headwall repair and 36 inches down each sidewall.

7.) Upon completion and acceptance of the scale re-installation as described above, the finished scale shall be tested to pass accuracy testing in accordance with the National Institute of Standards and Technology’s Handbook 44 (latest edition) for a maintenance tolerance in service Class IIII weighing device.

8.) Provided work site clean-up upon completion of installation.

Contractors Requirements

1.) The Contractor shall be a Class A registered Contractor in the Commonwealth of Virginia for a minimum of two (2) years under the same business name. The Contractor shall be registered under the established regulations as established and revised by the Virginia

Board of Contractors, Department of Professional and Occupational Regulations.

2.) The Contractor shall have provided satisfactory scale repair and or replacement involving concrete repair as a Class A contractor under the same name during the recent two (2) years for a government agency or private business with references available.

3.) The Contractor shall provide the Craning all scale platforms necessary from the scale pit, set on blocks in parking area adjacent to the MCSC building in such a way that staff parking is still possible.

4.) The Contractor shall provide all labor, materials, insurance, bonds, transportation, etc. to fully support this construction contract.

5.) The Contractor shall not assess delay claims against DMV due to delays that are beyond

DMV’s control.

6.) The Contractor shall perform all work in accordance with the standards and practices applicable to the trades with personnel certified in the trades.

7.) The Contractor shall adhere to the quality of work as defined in the American Institute of

Architect’s Master Spec, the Virginia Department of Transportation Road and Bridge

Specifications, and prevailing trade certifications.

8.) The Contractor shall adhere to all applicable state and federal codes including the Virginia

Uniform Statewide Building Code and the Virginia Department of Labor and Industry

Standards for job safety.

9.) The Contractor shall provide all first quality materials that comply with the American

Society for Testing Materials (ASTM).

10.) The Contractor shall coordinate all work of the trades on a project and provide on-site supervision of all trades.

11.) The contractor shall provide all necessary barricades to work area, including scale pit and temporary scale deck relocation area.

VI. BIDDER’S INSTRUCTION:

1. BID SUBMISSION - INSTRUCTIONS:

IFB 154:25-56784 is an invitation for an electronic sealed bid; therefore, bids submitted outside of the eVA, such as via email, mail, or fax WILL NOT be accepted. Electronic sealed bids will be received until the closing date and time provided in the solicitation. Any bid received after the closing date and time specified in the solicitation will not be considered and will be date and time stamped, marked “late” and retained unopened in the procurement file.

I. Prior to the due date, Bidders should:

● Check the status of the solicitation on eVA at www.eva.virginia.gov by clicking on Business Opportunities and then click on Virginia Business Opportunities (VBO) for any updates, changes, amendments, cancellations, etc.;

● Check the “Reminders” section in VBO for all attachments and documents to be completed and submitted; and

● Complete all attachments, amendments, exhibits, product information, etc. and attach electronically to the Bidder’s electronic submission. Bidders are solely responsible for reviewing, complying, and returning a complete and responsive bid. Failure to submit any of the required information may result in the bid being declared non-responsive.

Changes to the solicitation’s forms or formats are prohibited except where clearly instructed and permitted.

II. Instructions for Electronic Bid Submission via eVA:

Electronic bid submission is the only acceptable method to submit a bid. In order to submit an electronic bid, the Bidder must be registered in eVA. Bidders should:

i. Visit www.eva.virginia.gov;

ii. Click on Business Opportunities -> Virginia Business Opportunities (VBO)

iii. Type “154:25-75684” into the Search box.

iv. Click “View Opportunity” to select the solicitation.

v. Click the “Respond Online” version of the solicitation in the upper right corner.

vi. Follow the instructions online to submit your response.

2. For the bid to be considered responsive, the following should be submitted with the bid package.

Failure to submit any of the required information may result in the bid being declared non-responsive.

• Completed and signed IFB Document

• Completed State Corporation Commission Form, Attachment A

• Completed Vendor Data Sheet, Attachment B.

• Small Business Subcontracting Plan, Attachment C.

VII. BIDDER QUALIFICATIONS/AWARD

1. DMV 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

DMV all such information and data for this purpose requested in Attachment C, Vendor Data

Sheet. DMV reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. DMV further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy DMV 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.

2. DMV reserves the right to conduct any test it may deem advisable and to make all evaluations.

DMV 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 DMV to be in its best interest.

VIII. INVOICES AND METHOD OF PAYMENT

Payment will be made in accordance with the Virginia Prompt Payment Act, within 30 days after receipt of a valid invoice and verification of satisfactory goods received and/or completion of work.

The Contractor invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended price based on the contract pricing schedule. Only one invoice shall be submitted per order.

Payment Options: The Contractor shall accept payment by electronic funds transfer (EFT), by check, or with the Commonwealth’s Small Purchase Charge Card (SPCC).

Note: DMV’s strong preference for this contract is that payment be made with the SPCC. The

Commonwealth of Virginia encourages contractors to accept electronic and charge card payments.

The Commonwealth of Virginia Small Purchase Charge Card may be used as the method of payment at the discretion of DMV if the Contractor has an established Merchant Account/Agreement.

Merchant bank fees shall not be charged back to DMV.

Invoices shall be submitted to the following address:

email to:

accountspayable@dmv.virginia.gov or mail to:

Department of Motor Vehicles mailto:accountspayable@dmv.virginia.gov

Financial Management Services

Accounts Payable Office P.O. Box 25700 Richmond, Virginia 23260-5700

Inquiries regarding payments should be addressed to: Accounts Payable at accountspayable@dmv.virginia.gov

VI. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of

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

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using

Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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:

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, 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 mailto:accountspayable@dmv.virginia.gov 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. 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.

e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the

Contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the

Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration

Reform and Control Act of 1986.

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

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

G. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the

Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs:

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery.

No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

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

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the Contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the Contractor’s receipt of payment from the Commonwealth, a Contractor awarded a contract under this solicitation is hereby obligated:

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

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

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier Contractor performing under the primary contract. A

Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime Contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS

MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN

PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986,

DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND

TERMS AND CONDITIONS, CLARIFICATION OF TERMS,

PAYMENT shall apply in all instances. In the event there is a conflict between any of the other

General Terms and Conditions and any Special Terms and Conditions in this solicitation, the

Special Terms and Conditions shall apply.

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

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

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

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

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract.

Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt, unless the Contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the

Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

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

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the Purchasing

Agency with all vouchers and records of expenses incurred and savings realized. The

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

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

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: 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 nonresponsive. 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 under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the Contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in

Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGE’S AND LIMITS REQUIRED FOR MOST

CONTRACTS:

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 must be named as an additional insured and so endorsed on the policy.

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

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (eva.virginia.gov) for a minimum of 10 days.

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

Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

W. NONDISCRIMINATION OF CONTRACTORS: A bidder, or Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith- based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.

If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal 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 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 when designated “Micro Business Set-Aside Award Priority” or “Small

Business Set-Aside Award Priority” accordingly the solicitation. DSBSD-certified micro business or small businesses that include 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 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 bid prices in US dollars.

BB. AUTHORIZATION TO CONDUCT…