IFB158618_Specifications_Attachments.pdf

Administrative Services/Procurement Lynchburg District Towing Services Prince Edward County

IFB #158618

Issue Date: January 11, 2024 INVITATION FOR BIDS IFB# 158618

Title: Towing Services for Prince Edward County Commodity Code(s): 96890 Location Where Work Will Be Performed: Prince Edward County, Va.

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Sandra Mullins Email: Sandra.Mullins@vdot.virginia.gov Phone: (434) 856-8221

NOTE TO BIDDERS

Prebid Conference: A Mandatory Virtual Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on January 25, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 9:00 AM EST on February 7, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM EST on February 7, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Be sure to read and follow all instructions in the solicitation. Make certain bid pricing is not unbalanced.

2. Ensure all bid documents are completed and fillable attachments are uploaded with the bid submission. Bid documents and fillable attachments include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION FORM

4. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See instructions under I. PURPOSE and Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

5. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

6. SUBCONTRACTOR APPROVAL REQUEST

7. NORMAL AND EMERGENCY CONTACTS

8. REFERENCES

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.

Administrative Services Division

Invitation for Bids IFB # 158618 Towing Services

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 9

VI. Method for Payment 10

VII. Invoicing 10

VIII. Bidders Instructions and Public Bid Opening 10

IX. General Terms and Conditions 11

X. Special Terms and Conditions 17

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Small Business Subcontracting Plan (SBSP) – Fillable Form

C. Vendor Qualification / Equipment Inventory Certification – Fillable Form

D. Subcontractor Approval Request – Fillable Form

E. Normal and Emergency Contacts – Fillable Form

F. References – Fillable Form

G. Prevailing Wage Rate Determination

RESOURCES BY REFERENCE

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

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

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide prepositioned on-call, towing services during snow operations to clear roadways of vehicles (i.e. stalled, abandoned, stuck etc.) for VDOT Farmville Residency on primary roadways in Prince Edward County.

PERIOD OF CONTRACT: From date of award through one year (renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) Attachment B with the electronic bid response in eVA. Bidders selecting the “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify on the SPSP attachment the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Sandra Mullins at Sandra.Mullins@VDOT.Virginia.gov The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM EST on February 2, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

The resulting contract(s) will be for the Farmville Residency in the Lynchburg District and will be awarded in Lots, as follows. The Bidder does not have to bid on all lots but must have the capacity to perform work on any lot(s) bid, regardless of other contractual responsibilities to VDOT or elsewhere.

LOT ONE:

The Contractor shall be capable of providing one (1) Heavy Duty multi axle minimum twenty five (25) ton boom rating greater than 33,000 lbs. GVWR or greater, tow-vehicles having an under reach with an 80,000 lbs. towing capability, with an experienced operator.

LOT TWO:

The Contractor shall be capable of providing one (1) Light Weight tow-vehicles capable of towing a Class 1 and/or 2 vehicles up to 10,000 lbs. GVWR using the established TRAA Vehicle Identification Guide, with experienced operator.

A. SCOPE OF WORK:

The Contractor(s) shall provide prepositioned on-call, towing services during snow operations (Snow Season as defined by this contract) to clear roadways of vehicles (i.e. stalled, abandoned, stuck etc.) for VDOT Farmville Residency on primary roadways in Prince Edward County. Services are primarily to assist and/or move vehicles that are stuck or otherwise impeding the flow of traffic from the Roadway during winter weather to the nearest safe location.

mailto:Sandra.Mullins@VDOT.Virginia.gov

Snow season will be defined by this contract as commencing on November 1st of each year and ending on March 31st of each year.

Roadways are defined as travel lanes, shoulders, and ramp/interchange areas. Vehicles shall be relocated to the nearest safe storage location (as designated by VDOT) off the travel portion of the roadway.

Contractor may be required to tow VDOT equipment in case of break down and/or VDOT equipment becoming stuck, or otherwise impeding the flow of traffic on the roadways. Any towing of VDOT equipment shall be pre-approved by the VDOT Contract Administrator.

VDOT will specify the number of wreckers and where they are to be staged prior to each event. Towing services will be performed primarily on the Primary roadway system including ramps and interchanges, but it is possible towing services may be required on Secondary routes.

NOTE: Towing, resulting from a motor vehicle accident, may be handled by the State Police and will not be covered by this contract.

B. STAGING LOCATION:

Equipment requested to report shall be solely dedicated to VDOT from the time VDOT requests the equipment to be in place until equipment is released by VDOT. While performing duties under this contract, the Contractor(s) shall not perform or offer to perform, any operations at the direction of any private individuals, firms, or corporations, using equipment being utilized under this contract.

The staging location and start time will be provided when contacted by the VDOT Contract Administrator or designee requesting towing services. The staging location may change to meet the needs of VDOT and the pending emergency event.

However, the intended staging location will be as follows:

• VDOT Farmville Residency, 637 Commerce Rd, Farmville, VA 23958

C. SAFE STORAGE LOCATIONS:

For vehicles able to continue traveling, the first safe location shall be back into the roadway, such that once unhooked from the wrecker, the vehicle can continue on its way. For disabled or abandoned vehicles, the safe locations shall be as follows (whichever location is closest to the vehicle to be towed):

• Gravel/empty lot Top of Ramp off 460E - GPS: (37.270309120674874, -78.40418487019288

• Old Salt Shed on 460 by Boxley - GPS: (37.316351686383236, -78.47401801421758)

Once dispatched by the VDOT Contract Administrator, or designee, the Contractor shall leave the staging location and remove the vehicle to the first safe location. Once the motorist and/or vehicle is at the first safe location, the tow asset shall return to the staging location within 45 minutes.

All towing past an established Safe Location shall not be billable to VDOT. The contractor will only be allowed to put the motorist back on the road or tow them to the first safe location while providing work for this contract.

Safe locations are subject to change and additional safe locations may be identified to meet the needs of VDOT.

Contractor shall record the vehicle make, model, and license number of abandoned vehicles, as well as the Safe Location to which the vehicle was towed. Contractor shall provide a report of this information to the Virginia State Police (VSP) and the VDOT Contract Administrator by email at the end of each shift change.

D. BILLABLE TIME:

The Contractor will be notified by the VDOT Contract Administrator, or designee, when towing services are required. The billable hourly rate will begin once the Contractor is at the staging location and has notified the VDOT Contract Administrator of arrival.

Fueled and Ready: The Contractor, at his own expense, shall have wrecker fueled and ready to begin operations prior to reporting to the staging location. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently and safely. This shall include, but is not limited to, chains, cables, straps, supplies, and all hand tools and safety supplies.

Equipment will be paid only for actual hours worked. No billable time will be allowed for downtime or servicing Contractor’s equipment. Both equipment and dedicated operator shall be present, as requested by VDOT, to perform the work. Equipment without operator or not used will not be billable.

The payment per hour shall be for waiting at the staging location, and for dispatch and removal of vehicle to first safe location. Once motorist is at safe location, tow asset shall return to staging location within 45 minutes.

E. MINIMUM GUARANTEED PAYMENT:

A Minimum Guaranteed Payment is designed to offset the cost associated with, but not limited to, equipment, training, picking up or dropping off of Contractor’s equipment and any work involved in the preparation of this contract.

The Minimum Guaranteed Payment (MGP) will be as follows:

• $7,500 for Lot One - heavy duty tow truck ($1,500 per month)

• $5,000 for Lot Two - light/standard duty tow truck. ($1,000 per month)

The MGP will be paid if a Contractor’s total earnings are less than the MGP for each snow season. Contractors shall forfeit the minimum guaranteed payment for permanent equipment breakdowns or in cases where the equipment is not substituted within 2 hours of the breakdown during an event.

EXAMPLES:

• Contractor for Lot One invoices for and is paid $20,000.00 in billable hours during snow removal operations over the course of the snow season. MGP is for $7,500.00. Contractor is NOT due any additional payment as minimum guaranteed payment has been met.

• Contractor for Lot Two invoices for and is paid $4,000.00 in billable hours during snow removal operations over the course of the snow season. Contractor is due an additional payment of $1,000.00 as minimum guaranteed payment has not been met.

The Minimum Guaranteed payment will be approved for payment by May 31st of each calendar year provided that the following conditions have been met to the satisfaction of the VDOT Contract Administrator:

• Contractor provided an acceptable method of vehicle communication with VDOT.

• No Procurement Complaint forms were issued against the Contractor.

• Required insurance was received and maintained during the term of the contract.

• Contractor complied with all Terms and Conditions of the contract during the contract term.

• Contractor had no permanent equipment breakdowns

• Contractor substituted equipment within 2 hours of equipment breakdowns during an emergency event, as required by contract.

The first Minimum Guaranteed Payment (MGP) will be prorated on a monthly basis, due to the contract award falling late in the snow season.

EXAMPLES:

• The contract for Lot One is awarded and commences on February 21, 2024. Contractor for Lot One invoices for and is paid $2,000.00 in billable hours during snow removal operations over the course of the snow season. MGP is for $3,000.00 (February and March). Contractor is due an additional payment of $1,000.00 as minimum guaranteed payment has not been met.

• The contract for Lot Two is awarded and commences on March 1, 2024. Contractor for Lot Two invoices for and is paid $1,000.00 in billable hours during snow removal operations over the course of the snow season. MGP is $1,000.00 (March). Contractor is NOT due an additional payment as minimum guaranteed payment has been met.

F. SAFETY STANDARDS: All work shall be performed following the direction(s) given by the VDOT Contract

Administrator, or designee. The Contractor’s equipment shall meet Occupational Safety & Health Administration (OSHA) and Virginia Occupational Safety & Health (VOSH) standards. Additionally, the Contractor shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations. The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety vest, steel-toed shoes, gloves, glasses, etc. Failures to comply with the safety requirements constitute reason to restrict work being performed under this contract. In addition, no hard hat or safety vest shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT. Equipment shall have vehicular backup alarm systems and flashing lights.

G. REQUIREMENTS, WITH WHICH THE CONTRACTOR SHALL COMPLY:

• Each piece of equipment provided shall also include an experienced operator (the operator must have at least 2 years’ experience performing towing services) and be at least 21 years of age.

• The equipment offered by Bidders shall be suitable for the intended purpose and provide approved equivalent specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by Bidders is considered equivalent to that named herein.

• All equipment to be used in the performance of the contract must be listed on Attachment C in order for the bid to be deemed responsive. Vendor Qualification/Equipment Inventory Certification form with the complete information including whether it is owned or rented/leased, year make, capacity, mode, description, identification number, and vehicle identification number (VIN) if applicable.

• Bid Price: The bid price shall include the hourly rate for the wrecker and shall include the operator, fuel, and all associated expenses, including but not limited to, profit, direct and indirect cost, administrative cost, equipment, and personnel transportation, cellular phones, hand-held radios, tow to a safe location and cost of mobilization. Travel time will not be paid separately. Travel cost shall be incorporated into the hourly bid rate.

• Maintaining Equipment: The Contractor shall provide, maintain, and operate equipment designated for the operation described herein and shall ensure the equipment is in good repair and operating condition and meets all safety requirements for this type of work. Furthermore, the Contractor shall maintain all equipment to these same regulations throughout the duration of the contract.

• Weather Conditions: Wreckers shall be maintained in a manner to facilitate timely movement in all types of weather related events/conditions (i.e. tire chains during snow events).

• Breakdowns: No billable hours shall be allowed for equipment breakdowns. If a breakdown occurs, the equipment must be in operable condition within two hours, or a replacement piece of equipment shall arrive within two hours, if it is deemed essential by VDOT.

• Any equipment failing to meet any of the above standards, are determined to be inadequate and will not be allowed to perform work, nor will the Contractor be eligible for payment until brought into compliance by the Contractor, as solely determined by VDOT.

• Additional Trucks/Wreckers or Equipment: VDOT reserves the right to supply additional trucks/wreckers and/or equipment from VDOT sources if deemed necessary.

H. PERSONNEL REQUIREMENTS:

• Experienced, Qualified Operators: Operators must be properly licensed and adhere to all applicable Federal and

State Motor Vehicle regulations. VDOT reserves the right to check driver’s license validity with issuing states Department of Motor Vehicles at any time during the contract period. Contractor must be in good standing with Local and State Police. A pre-award meeting may be conducted to inspect all equipment and verify personnel requirements.

• Minors on the Worksite: Drivers/operators shall be at least 21 year of age and capable of working nights. No minors under the age of 18 will be allowed on the VDOT work site(s), to include in the contractor’s vehicle, where this contract will be performed.

• Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframe required herein.

• Contact Person: The Contractor shall assign a contact person who shall be equipped with a working cellular telephone. The contact person shall be responsible for assigning and coordinating work, and handling general contract performance issues and meeting with VDOT representatives as needed. The contact person’s name and cellular phone number shall be provided with the bid documents and updated when necessary. The Contractor shall provide this name, as well as additional personnel names and phone numbers who can be contacted 24 hours a day 7 days a week in case of emergency.

• Cellular Phone: During the performance of the contract, the contract person shall carry a functional cellular telephone at all times, which is effective throughout the counties covered by the contract.

• Communication: To ensure the overall safety of all personnel and the traveling public, the Contractor shall provide drivers/operators who are able to communicate in the English language. The driver shall be required to demonstrate that they are capable of understanding instructions in English for a safe and effective operation.

• Contractor’s Personnel: The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens in a courteous and respectful manner. The Contractor’s personnel must refer all questions concerning work planned, performed or promised to the VDOT Contract Administrator.

• Delivery, Parking and Storage: The Contractor shall not deliver and store equipment within the VDOT Right-of- Way or on VDOT property without first obtaining permission from the Contract Administrator. The Contract Administrator shall approve the parking and storage arrangements; however VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

• Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of these operations. The Contractor shall cooperate with VDOT and other contractors as necessary.

• Towed Vehicles Log: The Contractor shall keep a log of all vehicles removed from travel lanes or assisted including the following information: Make, Model, License Plate and Vehicle Identify Number (VIN) and all attached property to the vehicle, and the Safe Location towed to, if applicable. When available include owners/drivers name, address and telephone number. Contractor shall provide a report of this information to the Virginia State Police (VSP) and the VDOT Contract Administrator by email at the end of each shift change.

• Sanitary Facilities: It is the Contractor’s responsibility to provide toilet facilities for their employees while performing work on this contract.

• Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to be maintained, clean and free from safety hazards. The Contractor shall protect VDOT’s property from injury or loss arising in connection with this contract. The Contractor shall adequately protect adjacent property to prevent any damages to it or loss of use by its owners.

• Commercial Driver’s License: When required equipment being operated, the operator of each piece of equipment shall possess a valid Commercial Driver’s License with the proper endorsements.

I. METHOD OF ORDERING WORK/RESPONSE REQUIREMENTS:

• Work Notification Procedure: The Contractor’s official notification will be the issuance of a Purchase Order for

Towing Services. The Contract Administrator, or designee, will issue a written communication (by text or email) that will be the official work notification for each towing event. The notification will outline the staging location and expected period of time wrecker will be required. In case of critical/immediate need, verbal notification shall be sufficient for the Contractor to begin with written confirmation to follow within 48 hours.

• The Contractor will be paid a minimum of four (4) hours for each piece of equipment (wreckers) responding upon VDOT’s request in the event the storm fails to materialize and/or emergency response is cancelled.

• Confirmation/Response Time: After receipt of written or verbal notification, the Contractor shall acknowledge the assignment within one (1) hour and confirm their ability to begin work at the requested time. The Contractor may, at the time of notification, request additional time to respond. VDOT will give the Contractor as much advance notice as possible, however it is expected the Contractor shall report to the staging location within two (2) hours of notification. Approval of additional response time will be decided by VDOT on a case-by-case basis.

• Continuous Operation Requirement: The Contractor shall provide a continuous operation once they commence work until released by VDOT. Contractor shall return towing equipment to staging areas within 45 minutes of towing motorist to the first safe location. Should towing proceed past the first safe location contractor is responsible for staging like replacement equipment to continue operations. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract. Note. Towing costs past the first safe location is between the contractor and the motorist.

• Contractor’s Failure to Report: If the Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting addition purchase and administrative costs in accordance with General Terms and Conditions Paragraph No. P. A Procurement Complaint Form may be issued against the Contractor.

J. HOURS OF WORK:

1. Hours of Work: The Contractor shall be able to provide services 24 hours per day, 7 days a week during the defined snow season. The Contractor shall furnish and have available sufficient qualified operator(s) and equipment so as to insure a continuous operation. If a shift change is necessary, it shall be coordinated in such a way that the equipment does not leave the staging area at any time. The Contractor shall be available to work twelve (12) hour shifts, which may be night and/or day without direct administration from VDOT. The operators will be given general instructions and directions from the Contract Administrator and shall proceed to accomplish work. The hourly pay rate will remain the same for any shift worked.

2. Starting Times and Schedules: Starting times and schedules may vary and will be at the discretion of the Contract Administrator or designee.

3. Billable Travel Time: Equipment traveling or moved from one VDOT work location to another VDOT work location within the same day if requested by the Contract Administrator or designee. The travel time will be billed at the contracted hourly rate. Other travel or movement of equipment will not be billable.

4. Actual Hours: Both equipment and dedicated operator are present, as requested by VDOT, to perform or in performance of the work. Equipment without operator, not in use or not used will not be billable.

5. Hours of Work End: The hours of work/billable period ends when Contractor receives a call from the Contract

Administrator or designee advising Contractor that the event has ended and they are released from service. Written verification of the billable period start and stop dates and times shall be provided to Contractor by email within 48 hours of work ending.

V. PRE-BID CONFERENCE:

A mandatory virtual prebid conference will be hosted by the Contract Officer at 10:00 AM EST on January 25, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted to join the conference after 10:05 AM

EST.

If you plan to participate in the mandatory pre-bid conference you must provide the following information via email to Sandra.Mullins@VDOT.Virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating.

Participants will be requested to provide their individual name, company name and contact information during the roll call.

Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 10:05 AM EST.

This Microsoft Teams Virtual Meeting conference can be accessed with the below information:

Join the virtual meeting on your computer, mobile app or room device.

Click here to join the meeting Enter Meeting ID: 282 121 201 213 Enter Passcode: bjxmxP Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 191 193 37#

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

mailto:Sandra.Mullins@VDOT.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3a14536aecfecc4604a5c07524d7988606%40thread.skype/1677507001469?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%2242b54c18-b639-4404-b2f8-a14136a75fce%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,354377122

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692- 0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices shall be submitted within a week following each snow event when the Contractor is mobilized to the address as listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates.

Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation Farmville Residency Office

637 Commerce Road Farmville, Va. 23901

Attn: Crystal Rousseau

In lieu of mailing, invoices may be submitted as an attachment via email to Crystal.Rousseau@VDOT.Virginia.gov and carbon copy (CC) Lynchfarmvillebusinessservices@VDOT.Virginia.

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at:

https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the electronic posting and the reminders page of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A virtual public bid opening will be hosted by a VDOT representative at 10:00 AM EST on February 7, 2024.

mailto:edi@doa.virginia.gov mailto:Crystal.Rousseau@VDOT.Virginia.gov mailto:Lynchfarmvillebusinessservices@VDOT.Virginia https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov

Join the Microsoft Teams virtual meeting on your computer, mobile app or room device.

Click here to join the meeting Enter Meeting ID: 215 698 028 39 Enter Passcode: CkkWPx Download Teams | Join on the web

Or call in (audio only) +1 434-230-0065 Enter Phone Conference ID: 504 413 087#

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their individual name, company name and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. GENERAL TERMS AND CONDITIONS:

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

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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.

J. 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…