Commonwealth of Virginia Department of Forestry

INVITATION FOR BIDS

(IFB)

Issue Date: 7/9/2026 IFB#DOF27: 124043

Title: Virginia State Forest Invasive Species Treatments – Additional Counties

Commodity Code: 98889

Issuing Agency: Commonwealth of Virginia

Department of Forestry

900 Natural Resources Drive, Suite 800

Charlottesville, VA 22903

Locations Where Work Will Be Performed: Forested sites in Appomattox, Buckingham, Chesterfield, Cumberland, King William, Rockingham, counties.

Period of Contract: One (1) years from date of award. With four (4) optional one year renewals.

Sealed Bids Will Be Received until July 27th, 2026 at 12:00pm local time for furnishing the goods/services described herein and then opened in public. All inquiries for information should be directed to: Thomas Baumann, Procurement Officer thomas.baumann@dof.virginia.gov. All questions must be in writing and will be answered in writing, by email or addendum.

Bids must be submitted electronically to the solicitation on the VBO. This project is federally funded, which necessitates SAM.gov registration. Enter your UEI# in the bolded field below and refer to Attachment F for SAM.gov registration guidance.

In compliance with this Invitation for Bid (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 to this solicitation is true, correct, and complete. By submitting a bid, the bidder certifies that they have read, understand and agree to comply with the federal Uniform Guidance (2 CFR part 200) which establishes uniform administrative requirements, cost principles, procurement guidelines and audit requirements for federal awards to non-federal entities.

* Virginia Contractor License No. __________________ *DSBSD-certified Small Business No. _______________

Class: __________ Specialty Codes: _______________ Date: ________________________________________

Name And Address of Firm:

_____________________________________________ By: ___________________________________________

_____________________________________________ (Signature In Ink)

__________________________Zip Code:___________ Name: ________________________________________ eVA Vendor ID or DUNS #:______________________ (Please Print)

Unique Entity ID (UEI): _________________________ Title: __________________________________________

E-mail Address: _______________________________ 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.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

mailto:thomas.baumann@dof.virginia.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1

Instructions for submission: For your bid to be considered, complete all of the following steps.

1. Fill all applicable fields and sign page 1 of this IFB.

2. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT – found on page 15.

3. Complete the PRICING SCHEDULE – page 18.

4. Complete ATTACHMENTS A, B and C (Pages 19 through 23 of this IFB)

5. Submit this completed IFB, along with all applicable licenses (VDACS) electronically to the VBO posting.

TABLE OF CONTENTS FOR IFB#DOF26: 124043

PAGE

I. PURPOSE………………………………………………………………………………………………………….4

II. SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATIONS)

III. PREBID CONFERENCE…………………………………………………………………………………………..8

IV. GENERAL TERMS AND CONDITIONS……………………………………………………………………..….8

V. SPECIAL TERMS AND CONDITIONS………………………………………………………………………….14

VI. PRICING SCHEDULE…………………………………………………………………………………………….18

VII. METHOD OF PAYMENT…………………………………………………………………………………….…..18

VIII. ATTACHMENTS………………………………………………………………………………………………….18

I. PURPOSE:

The purpose and intent of this Invitation for Bid is to obtain a Virginia pesticide licensed and insured, herbicide applicator to treat various invasive plant species (listed below) through foliar and basal bark applications with backpack sprayers at sites in Appomattox, Buckingham, Chesterfield, Cumberland, King William, Rockingham counties. See attached maps for locations and site descriptions.

II. SCOPE OF WORK

The work consists of successfully identifying and treating patches of various invasive plant species within the designated areas. Work must be completed before September 30th, 2026 for foliar sprays. The work for basal bark and hack and squirt treatments can go until February, so long as conditions are appropriate.

There are six separate treatment areas that are being advertised under this IFB. Partial bids may be submitted for each treatment area. Pricing must be submitted for each treatment area with a cumulative total entered for the total being bid. Award(s) will be made to the lowest responsive and responsible bidder for each State Forest. If a single bidder is awarded all treatment areas, the award will take the form of a single contract.

Location maps specifying treatment areas with site descriptions and specifications are included as ATTACHMENT

D and a table of invasive plant species with the appropriate treatment method is included as ATTACHMENT E. The

Pricing Schedule, (page 18), and must be completed and submitted with this IFB as your bid. Shapefiles of treatment locations will be shared with the bidder that is awarded the treatment areas.

A. SCOPE OF WORK REQUIREMENTS:

1. The Contractor must have two years of experience successfully identifying, treating and re-treating as needed common invasive species in Virginia forests. If Contractor is unfamiliar with any of the species listed in the work description, they may contact DOF for guidance.

2. Contractor must bring own water for herbicide formulation. Water will not be provided at the job site / by

DOF

3. Foliar or basal bark applications with backpack sprayers, and hack and squirt shall be the only technique used. A 4% aquatic approved glyphosate mix is approved for foliar treatment; basal bark treatments shall be 20% aquatic approved triclopyr choline or acid in penetrating oil, appropriate surfactant if necessary, and a marking dye shall be used and applied per label instructions. Hack and squirt of undiluted glyphosate on larger Ailanthus (>8” DBH), Basal spray Triclopyr ester 20% for trees greater than ½” but less than 8” DBH, Foliar spray glyphosate 4% (saplings).

4. Use of other chemicals or any other modifications to these guidelines must be approved in writing by the

Contract Administrator or an authorized Department employee.

5. A 4% aquatic approved glyphosate mix shall be used with an appropriate surfactant if necessary and applied per label instructions for foliar spray. The following species are appropriate for foliar spray:

Microstegium vimineum and Persicaria sagitatta. Foliar spray is also appropriate for the following vines under 6 feet tall: Lonicera morrowii and Pueraria montana. Woody plants less than ½” DBH shall be foliar sprayed such as Rosa multiflora, Ailanthus altissima, and Ligustrum sinense. Refer to Attachment

D as a reference table.

6. Basal bark treatment with 20% aquatic approved triclopyr choline or acid in penetrating oil are to be done on the following species greater than ½” DBH: Rosa multiflora, Elaeagnus umbellata, Ligustrum sinense, Ailanthus altissima, Albizia julibrissin, and Paulownia tomentosa. Diesel must NOT be mixed with the triclopyr ester for treatments. Refer to Attachment D as a reference table.

7. Contractor guarantees that vegetation shall be treated in such a manner that at least 90% of target species in the treatment area have been treated and show visible damage or mortality after treatment. Minimize damage to non-target species while spraying to the best of contractor’s ability.

8. A recording of species treated / area sprayed shall be required for SFI Documentation Purposes to include the date of treatment, the latitude & longitude, species treated, chemical mix used, and approximate treatment size in acres or number of species treated. Selected contractor also required to provide the appropriate chemical documentation in the form of MSDS sheets.

9. The Contractor must follow all herbicide label requirements.

10. The Contractor must use a GPS enabled tracking system to record their survey and treatment locations within the treatment areas.

B. CONTRACTOR RESPONSIBILITIES AND RIGHTS

1. Contractor must have at least 2 years prior experience treating and identifying invasive plant species common in Virginia.

2. Contractor agrees to furnish all labor, supervision, insurance, tools, equipment, and chemicals, and to apply herbicides in accordance with the terms and specifications of this agreement.

3. All equipment that is used must be adequately washed and cleaned as to remove any soil, seeds or vegetative material on or in the equipment before it arrives on site.

4. Contractor agrees to have personnel and full complement of delivery and support systems available and ready to meet the treatment completion dates.

5. The Contractor shall provide, transport and mix all chemicals needed for the performance of this contract. DOF personnel will not transport chemical for the Contractor.

6. The Contractor must locate suitable mixing and loading sites.

7. Herbicide application must be implemented in accordance with methodologies in Section A. Use of

Chemicals not specified in Section A shall be reviewed with DOF BEFORE use for approval.

8. Herbicide application- safe use guidelines:

a) Chemical application shall be governed by any applicable state or federal laws and regulations as well as by the terms and conditions, rules, and requirements of the official contract. The DOF

Contract Administrator will see that the specifications of the contract are met.

b) Contractor shall wear appropriate personal protective equipment (PPE) during herbicide mixing and application.

c) The Contractor shall carefully follow all instructions, minimum rates and guidelines on the herbicide label. This includes the mixing of various types of herbicides only in accordance with label instructions and EPA regulations.

d) Contractor shall store and dispose of all herbicides, fuel oil and other chemicals and empty containers in a manner consistent with federal, state, and local laws and/or regulations. Service containers used for temporary storage of herbicide concentrates or end-use dilutions shall be labeled in a manner consistent with the Virginia Pesticide Control Act regulations.

9. The Department reserves the right to inspect the applicator's operations, equipment, chemicals, etc. at any time during the performance of this contract.

10. No component of the delivery system shall leak. Leaking shall be cause for stopping treatment operations.

11. Contractor must be a VDACS, Virginia Commercial Pesticide Application license holder. All appropriate certification and licensing, required by the Environmental Protection Agency and Virginia

Department of Agriculture and Consumer Services, pertaining to the use and application of herbicides shall be the responsibility of the Contractor. Certifications, licenses and/or permits shall be valid for the entirety of the contract period and must be available for inspection by federal, state, and local authorities having jurisdiction over this project. Copies of these certificates, licenses, and permits shall be made available to the Department upon request and shall be submitted with your bid.

12. Proper certification for ground crew is required, with oversight of a professional having a Virginia

Commercial Pesticide Applicator license, Pesticide Business License, and a Certificate of Insurance.

Any other staff utilizing and applying herbicides must be a pesticide registered technician.

13. The Contractor must see that there are no applications as follows when spraying contact herbicides:

a) Streams & Water Bodies: Follow the herbicide label regarding product use and follow all precautions to avoid drift or movement into waterways.

b) Non-target organisms: Care shall be taken to avoid application to non-target plants as much as possible during application.

c) Rain: No treatment shall be allowed during rain or when it seems apparent it will rain within the next 3 hours. After a rain, application shall continue only after plants are dry.

d) Inadequate Soil Moisture: If during the course of this project, rainfall has been deficient to the point that vegetation is not actively growing, spraying shall be stopped. The decision to stop treatment due to inadequate soil moisture shall be made only by the Department.

14. Contractor Safety: Contractor agrees to perform the work in a safe and careful manner and to furnish and use, and require its employees to use, such safety devices, methods and measures as are required by the Worker Protection Standard to protect its employees, its subcontractor's employees, the employees of others engaged in the work, and the public against bodily injury or damage to property.

15. Contractor must provide Services in compliance with herbicide label and regulations set forth by the

Virginia Department of Agriculture and Consumer Services (VDACS).

a) Contractor must maintain complete herbicide application records at the Site during application and for at least 2 years as specified by VDACS.

b) Contractor must have herbicide labels and material safety data sheets (SDS) on site at all times during treatment for each chemical being applied, including surfactants. Inspection may be completed by Virginia Department of Forestry or Virginia Department of Conservation and

Recreation staff at any time.

16. The contractor is be required to post signage before treatment begins and remove signage at the completion of work after herbicide has dried. Contractor must allow DOF to review signage before work begins. If contractor does not have appropriate signage, DOF will provide.

17. Treatment/Application must be completed before September 30th, 2026 for foliar sprays. The work for basal bark and hack and squirt treatments shall go until February, so long as conditions are appropriate.

18. The successful bidder is required to provide dates they will be on-site before work begins, and to update these dates if any changes arise. 72 hours advance notice is requested, but no less than 48 hours will be allowed. Contractor CANNOT be on-site without prior notice. Please contact the site contact listed in

Appendix C and Katlin DeWitt at (434) 906-3427.

19. The Contractor shall perform treatment in such a manner as to achieve the desired damage/mortality prior to notifying the Contract Administrator of completion, or shall perform its own damage/mortality check and shall retreat as needed before the Contract end date, in order to achieve the required damage/mortality rate. More than one retreatment following a DOF inspection shall result in a Vendor

Complaint and determination of Contractor non-responsibility for a period, not to exceed 3 years, for all other DOF solicitations of the same commodity class(es).

20. Problems, concerns, citizen and media inquiries, are likely during treatment operations. The Contract

Administrator is to be notified IMMEDIATELY (at any time) of any actual or potential problem, accident, or public reaction to this program.

21. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs is strictly prohibited. Any impairment or incapacitation from the use of alcohol or other drugs is strictly prohibited.

22. No firearms of any kind will be allowed on State Property, neither concealed nor open carry.

23. Independent Contractor: The Contractor, his employees and agents are not to be, at any time, considered servants, agents, or employees of the Commonwealth of Virginia, nor of any department or division thereof, but instead are considered to be independent Contractors.

24. Sub-Contract: The Contractor shall not offer or sublet to subcontractors without first securing the consent of the Department. Consent by the Department to any such subletting shall not relieve the

Contractor of full responsibility and liability for the work to be performed by the subcontractor.

25. Contractor shall notify the Department of the names and addresses of all subcontractors as soon as they are determined and such notices shall include the location, nature and extent of the work to be performed.

26. Chemical Purchases: It shall be the responsibility of the Contractor to secure and/or purchase the appropriate chemical, supplies, additives, etc., to meet the requirements of this agreement. The

Contractor shall also be responsible for ensuring that adequate amounts of these chemicals, supplies, additives, etc., be in proper amounts and strategic locations for the project so that delays shall not occur due to the absences of these substances. If there is a shortage of the guarantee chemical product during the contract period, the Contract Administrator will work with the Contractor to identify a replacement chemical and provide written approval for its use.

27. Damage Claims: Should the Contractor receive notice of any damage claim, he shall, in turn, notify the

Department within 10 days specifying, nature of damage, and name and address of the person making said claim. The Contractor shall also contact the person making the claim within 10 days to begin the process for resolution of the claim. Upon resolution of the claim, the Contractor must inform the Contract Administrator of the resolution. Failure of the Contractor to comply shall be deemed a serious violation that may result in contract termination.

28. Contractor Rights: The Contractor reserves the right to halt treatment when the Department or one of its representatives, fail to meet their responsibilities as outlined in this contract.

29. The Contractor agrees to comply with all laws, rules, and/or regulations applicable to the safe performance of such work, including the generality of the foregoing, Public Law 91-596, Title

“Occupational Safety and Health Act of 1970”.

30. The Contractor reserves the right to halt treatment when, in the Contractor's opinion, conditions are unsafe for herbicide applications.

31. STATE REQUIREMENTS: Prior to the beginning of work under this contract, the successful bidder(s) must satisfy the requirements of various Departments of the Commonwealth including, but not limited to, the following:

a) Virginia Department of Agriculture and Consumer Services:

i. Certificate of Insurance

ii. Pesticide Business License

iii. Proper Certification for ground crew

iv. Virginia Commercial Pesticide Application license - Supervisor

b) Other:

i. Establish a registered agent with the State Corporation Commission and indicate the SCC identification number on the State Corporate Commission Form.

c) DOF:

i. No portion of this contract may be subcontracted without prior written approval from the

DOF Contract Administrator.

ii. Certificate of Insurance, inclusive of the applicable amounts specified in the General Terms and Conditions, listing DOF as the additional insured.

C. DEPARTMENT RESPONSIBILITIES AND RIGHTS

1. The Department shall provide maps and site descriptions of each property to the Contractor showing the treatment areas on the State Forests.

2. The Department shall designate personnel to show the project area to the Contractor. If a meeting is necessary, the Contractor should set up the meeting date and time with the Contract Administrator at least 48 hours in advance to insure availability.

3. DOF will provide written instructions for applicators which will include mandatory POC, as well as any relevant specifications and instructions for access. Contractor must provide these “Instructions for applicators” to their applicators prior to work starting. (To avoid coordination/scheduling/communication issues.)

4. The Department reserves the right to halt treatment at any time, when, in the opinion of the Department, the Contractor violates the contract or the Contractor's performance is unsafe, or otherwise unsatisfactory.

5. The Department reserves the right to stop any and all work if it is deemed that weather and/or growth conditions are no longer conducive to such treatment. In the event of a work stoppage due to weather or growth conditions, any treatments may be rescheduled as needed dependent on Department and Contractor agreement.

6. The Department reserves the right to reject any and all bids.

7. The Department reserves the right to inspect all Contractors and subcontractors’ operations at any time and to conduct final inspections before approval of project completion.

8. Any deficiencies found during an inspection must be remedied, to the satisfaction of the Department, within 30 days. Invoicing may not occur until any outstanding deficiencies are remedied.

III. PREBID CONFERENCE:

Prebid conference has been deemed unnecessary for this solicitation, however; visitation of the site is encouraged prior to submitting a quote. To arrange a site visit, please contact the contacts for the site listed in Attachment D.

Site visit scheduling is contingent on staff availability. Please be sure to reach out well in advance to ensure availability.

IV. GENERAL TERMS AND CONDITIONS:

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

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

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

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

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

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

a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

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

d) If the Contractor employs more than five employees, the Contractor shall (i) provide annual training on the Contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the

Contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the

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

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

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

2. The Contractor will include the provisions of 1. above in every subcontract or purchase order over

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in the

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

Control Act of 1986.

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

Commonwealth of Virginia.

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

G. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the

Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

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

Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

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:

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:

a) To pay the subcontractor(s) within seven (7) days of the Contractor's receipt of payment from the Commonwealth 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.

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.

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.

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.

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.

P. Omitted by DOF

Q. 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 identify the product clearly and specifically 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.

R. Omitted by DOF

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

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the

Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

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

T. 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 on the

DGS/DPS eVA VBO (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.

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

http://www.eva.state.va.us/

W. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders 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 are as follows:

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

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

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

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

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

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of

General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

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.

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

AA. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the

Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so, required under

Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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

The Contractor shall provide each Contract Worker with a copy of this Section and will require Contract

Workers to participate in…