IFB158772 Specifications.pdf

Administrative Services/Procurement

Lynchburg District Contract Management

Janitorial Services CMO Amherst VA

IFB #158772

INVITATION FOR BIDS IFB# 158772

Title: Janitorial Services CMO Amherst VA

Commodity Code(s): 91039

Location Where Work Will Be Performed: Amherst VA

Issuing Agency: Commonwealth of Virginia

Virginia Department of Transportation (VDOT)

Contract Officer: Robert Dowdle

Email: Robert.Dowdle@vdot.virginia.gov

Phone: (434) 856-8320

NOTE TO BIDDERS

Prebid Conference: A Pre-Bid conference will not be held for this IFB.

Solicitation Closing Date and Time: 1:00 PM EST on March 26, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM EST on March 26, 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. SUBCONTRACTOR APPROVAL REQUEST

6. NORMAL AND EMERGENCY CONTACTS

7. 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 # 158772

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 10

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 18

ATTACHMENTS

A. VA State Corporation Commission

B. Small Business Subcontracting Plan (SBSP)

C. Subcontractor Approval Request

D. Normal and Emergency Contacts

E. References

F. Daily Requirements Checklist

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

I. Name of manufacturer and Shipping Point (If Necessary)

G. CII-SSI Guide

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 janitorial services at the Amherst Construction Management Office (CMO). The Contractor will be required to provide all labor, transportation, supervision, equipment, materials, and supplies necessary to perform the work as described in accordance with the Specifications, General Terms and Conditions, and Special Terms and Conditions of this Invitation for Bids.

PERIOD OF CONTRACT: From May 1, 2024 through April 30, 2025_ (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 Robert Dowdle at Robert.Dowdle@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 March 21, 2023

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:

1. LOCATIONS OF WORK: Janitorial services shall be performed at the following VDOT location in Amherst County, Virginia:

AMHERST BUILDING FAACS

NUMBER

ESTIMATED

SQ. FOOTAGE

Amherst Construction Management Office

897 South Main Street

Amherst , VA 24521

# 3 22 10 92 3,430 sq.ft.

Total Estimated Square Footage: 3,430 sq.ft.

The facility includes upstairs, 4 offices, one common area conference area with table, one bathroom (one toilet and sink), one kitchen. The downstairs includes two bathrooms (one toilet and sink each) 4 offices, small kitchen and common area. The bathrooms and kitchen areas are tiled and other areas have carpeting. Five people use the facility on a daily basis and 10-

12 additional people use the facility off and on.

2. PERSONNEL REQUIREMENTS: The Contractor shall employ a sufficient number of trained personnel who will consistently perform the described work in the frequencies and manner required as outlined herein. All personnel shall have background checks completed and approved per special term and condition #24

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.

Prior to work beginning, the Contractor shall provide to the VDOT Contract Officer, a list of personnel assigned to this

Contract. VDOT reserves the right to pre-approve or reject any proposed Contractor’s personnel.

The Contractor shall assign a Representative or Supervisor to the contract who shall serve as the primary point of contact and who shall be responsible for ensuring trained personnel are on site when required and the work is satisfactorily performed with no break in service. Missed service dates will not be permitted other than those instances referenced in #3

Time of Service.

At no time shall a new or untrained employee be permitted on the premises without the Contractor’s Representative or be expected to perform the work without adequate training or familiarity with the contract requirements.

The Contractor shall ensure that all assigned personnel performing work on behalf of this contract have the ability to communicate effectively in the English language.

VDOT reserves the right to remove any of the Contractor’s employees from the work site at any time for reasonable cause, solely at the discretion of the VDOT Contract Administrator.

Contractor’s employees appearing to be under the influence of alcohol or drugs shall not be permitted in the building.

BEHAVIOR: Behaviors displayed by Contractor’s and subcontractor’s employees, such as loud or boisterous conduct, catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents shall be grounds for termination of the contract at the discretion of VDOT.

APPEARANCE: Any person working under this contract shall be neat in appearance at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves (short or long and buttoned if required). Clothing should be appropriate for weather conditions.

No family member or friend of the contractor employees are allowed on VDOT Property. Only contractors authorized personnel assigned to this contract shall be allowed on VDOT Property

Contractor Required Services:

Determine the best solutions, level of supervision and staff required to provide consistent, long term, innovative Janitorial customer service.

Have the ability to respond to Janitorial emergency service requests within a one (1) hour notice, twenty- four (24) hours a day, three-hundred sixty-five (365) days a year.

Have the ability to daily receive and send communications by wireless phone and email between their main office, staff and VDOT Contract Administrator.

Provide all labor, on-site supervision, supplies, materials, tools, apparatus, and equipment necessary to furnish a standard of cleaning that does not cause repeated negative criticism from VDOT staff or the public and includes, but not limited to, high quality paper products (vendor shall provide two ply toilet tissue), plastic trash can liners, chemicals, cleaning, disinfecting and odor control products that fit existing VDOT dispensers.

Be responsible for maintaining sufficient inventory of products and supplies on-site, and the maintenance, swift repairs or replacement of equipment and apparatus used in the performance of this contract.

Have each building cleaned Wednesday and Friday beginning at 5:00 PM including times of inclement weather. Provide additional Janitorial related services as a result of operational changes, emergencies or mishaps. From time to time, provide in scope requested Janitorial services to be scheduled on weekends and holidays.

Select, assign and maintain consistent, trained Janitorial staff to service the VDOT site, to include (a) Contractor

Representative Supervisor (b) Cleaning staff members and (c) Back-up / fill-in employees to work during regular employee’s leave times.

Instruct, train and monitor employees to ensure every precaution is taken, at all times, to maintain safe conditions, compliance with OSHA regulations, and any other code, regulations or requirements that may apply in the performing of the contract.

Take full responsibility for all VDOT keys issued to staff. Notify VDOT Contract Administrator immediately if any keys are lost or stolen.

Take full responsibility for the cost of restoring or replacing, to the satisfaction of the VDOT Contract Administrator, any

VDOT or VDOT employees’ property damaged or destroyed as a result of contractor’s staff, agents or subcontractors’ action in the performance of the awarded contract.

In the event Janitorial services cannot be provided due to the unavailability of the employee assigned the tasks, and a replacement employee cannot be provided by the next service day, a prorated amount shall be deducted from the monthly invoice for each day services are not provided.

Assign a local office Contractor Supervisor (different than contractor employee(s)) who should perform complete onsite inspections of all buildings at a minimum of once a month. They will also be checking the daily log (provided to VDOT) and should provide VDOT with a report of their findings and future work schedule via email. The person’s name and phone number and an alternate representative’s name and phone number shall be provided to VDOT in Bidder’s IFB.

Contractor Staff Responsibilities:

Contractor Supervisor Shall:

Ensure Contractor employee(s) maintain, monitor and submit at a minimum, but not limited to the following report, to the

VDOT Contract Administrator:

Daily Requirements Checklist (see attachment F)

Ensure that all Contractor’s tools and equipment remain in proper working condition and are clearly labeled with company name.

Be responsible for controlling employees’ conduct on the VDOT complex; at a minimum, assuring that employees are not boisterous, verbalizing profanity, rude to staff and not engaging in or supporting any destructive or illegal activity. Ensure that non-working family members and friends of staff are not permitted on VDOT property (including fenced in area).

Ensure that all employees vehicles are parked outside the VDOT fenced in area.

Ensure that each employee is aware of the tasks, duties and responsibilities covered by the awarded VDOT contract.

Assign only employees who are trained, qualified and experience to perform tasks necessary to perform specific services.

Ensure only the supplies, equipment and products are used that are specified for the task being performed or for the surface being applied or exposed.

Ensure that all trash is removed from the site and properly disposed of. The site does not have a dumpster.

Ensure that all chemicals are prepared, stored, disposed and used per manufactures instructions.

3. TIME OF SERVICE:

The Contractor shall conduct regular services Wednesday and Friday for buildings listed in section IV 1 beginning at 5:00 p.m. The exception would be for the following observed STATE holidays:

New Year’s Day

Martin Luther King Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

The day after Thanksgiving Day

Christmas Day

Other Days as Declared Holidays

NOTE: If a State Holiday falls on any of the dates of service, contractor may substitute an alternative weekday (or a

Saturday if Saturday is not a normal service day) to meet the minimum required days of service. The change in cleaning day must be pre-approved in writing by the VDOT Contract Administrator.

4. SIGN-IN: The Contractor’s personnel shall be required to sign in at the beginning of each shift on the Daily Requirements

Checklist.

5. Failure to complete and sign the Daily Requirements Checklist will be interpreted as a missed service date if the

Contractor’s presence or performance cannot be verified by a VDOT representative.

6. INSPECTION – QUALITY ASSURANCE: VDOT will provide Contractor with a Daily Requirements Checklist form (attachment F) as a means of controlling, measuring and verifying the quality and frequency of the work performed.

The Contractor shall submit the Inspection Report electronically after completion of work at the end of each shift.

Contractor’s employees shall contact Tim Clark to relay any information about services, missing/broken items, or any other information pertinent to the contracted services.

If notified of deficient service or corrective action required, the Contractor shall take any corrective action required within twenty-four (24) hours of notification at no additional cost to VDOT.

The Contractor Supervisor shall personally inspect the premises on a monthly basis to ensure that the requirements of the contract are being met and to discuss overall contract performance with the VDOT representative. Contractor shall submit a monthly inspection report with the Contractor invoice in a timely manner to VDOT to ensure premium service at the location and effective communication between VDOT and the contractor.

7. MATERIALS AND SUPPLIES: Contractor shall furnish and provide all trash can liners, paper towels, toilet paper (2 ply), toilet seat covers, liquid or cake soap, etc. as required. The Contractor shall ensure each restroom is adequately stocked with supplies to last until the next scheduled cleaning.

The Contractor shall provide all cleaners, disinfectants, deodorants, and equipment necessary to thoroughly clean the designated areas in an effective and acceptable manner. All products used by the Contractor shall be environmentally safe and manufactured specifically for the purposes outlined herein.

The Contractor shall not use any products, supplies or equipment that may be injurious or damaging to the surfaces to which they are applied or exposed. The Contractor shall be held responsible for restoring or replacing any equipment, furniture, floor covering, etc., damaged as a result of work performed on this contract.

8. REQUIREMENTS – REGULAR SERVICE

# AREA/ITEM TASK Each

Visit

As

Needed

Weekly Monthly

1 Exterior:

(Steps, Entrances, Walks)

Sweep and keep free of trash , natural debris, spots, spills, etc.

YES

2 Floor Mats: Vacuum or taken outside and shaken to free loose dirt /material

YES

3 Windows & Doors:

(Lobby and

Vestibule)

Wipe with cleaner to be free of spots, dust, smudges, etc. inside and out

YES

4 Interior:

(All common areas, hallways, entrances, receptionist area, foyers and offices)

Dust with an untreated cloth or duster.

Wipe free spots & smudges, etc

YES

5 Floors:

(Carpeted)

Vacuum (including under tables, desk, chairs etc.)

YES

Remove spots and stains YES

6 Floors/Baseboards:

(Tile & Sealed

Concrete)

Sweep, mop or scrub to remove dust, dirt, spills debris, odors, and build-up.

Special attention shall be given to maintaining the clean appearance of the floors in corners, around baseboards, and around fixtures and fixed furniture. Floor drains clean/odor free.

YES

Retain shiny finish. Buff & remove scuff marks.

YES

Remove dirt from baseboard corners and at wall/baseboard seams.

YES

7 Doors: Wipe with cleaner to be free of spots, dust, & smudges inside and out

YES

8 Window Sills, and

Moldings:

Clean with a damp cloth YES

9 Furniture:

(Wood and Plastic)

Wipe with a damp cloth & dry YES

10 Furniture:

(Upholstered)

Cubical panels:

Vacuum fabric fronts, backs, & bottoms

YES

11 Trash Receptacles: Empty, wipe clean, & insert fresh liners

YES

Wash inside & outside, sanitize YES

12 Dispensers:

(Towel, Toilet Paper, Soap, Air Freshener, etc.)

Restock, clean, disinfect, & dry leaving no visible smudges.

13 Restrooms: Commodes/Urinals: YES

Clean & disinfect including exterior, underside and pipes. Clean and disinfect bowl and underside. Wipe down surfaces and dispensers. The walls around commodes/urinals shall be cleaned.

Sanitary napkin receptacles: YES

Empty, clean, & disinfect

Basins, mirrors, shelves, dispensers, chrome fixtures, visible piping and the surrounding wall areas:

YES

Clean, disinfect, & dry leaving no visible smudges.

Wall surfaces, doors, window frames, sills, grills, and stall partitions shall be cleaned, disinfected, & dried leaving no visible smudges.

YES

Floor drains clean/odor free. YES

Floor disinfected YES

Furnish and install urinal and toilet deodorizing cakes, urinal screens, room deodorizer cartridges, and batteries.

YES

14 Break Rooms: Clean and disinfect kitchenettes, countertops, tables, sinks and the outside surfaces of refrigerators and microwaves.

15 Miscellaneous:

Drain Grates, etc.: YES YES

Clean catch basins and surrounding areas outside buildings

Janitorial Closets: YES

Reasonable stocked, organized & odor free

9. REQUIREMENTS – ADDITIONAL DUTIES

Line

AREA/ITEM TASK Separate

Price

2 Extra & Emergency

Services:

Hourly Services for special needs or emergency response Hourly

Any materials required for the hourly services will be paid for at the contractor’s cost. Contractor shall provide receipts.

10. ADDITIONAL REQUIREMENTS DURING INCLEMENT WEATHER AND

SPECIAL OR EMERGENCY CLEANING:

INCLEMENT WEATHER - During periods of inclement weather, such as snow and/or ice storms, the Contractor shall make every reasonable effort to provide janitorial services. The Contractor shall contact Tim Clark to confirm whether they will or will not be able to provide the services due to inclement weather. Tim Clark is to be informed by telephone

(434) 907-4962 prior to any change in working schedule. If the situation occurs on a Friday or a day preceding a holiday, the Contractor shall make every effort to provide janitorial services over the weekend or holiday at no additional cost to

VDOT.

SPECIAL OR EMERGENCY CLEANING - When requested by the VDOT Contract Administrator, by written or verbal order, to clean any area required for a special occasion, or made necessary by an emergency or mishap, the

Contractor shall furnish all labor and supervision, as required to fulfill the order. The Contractor will be compensated for these special or emergency cleaning situations based on the hourly rate submitted in the Invitation for Bids.

11. SECURITY ISSUES: Employees of the contractor shall not disturb papers on desks, open drawers, file cabinets, use telephones, radios, computers, office equipment, or engage in any unlawful activity while on State property.

Contractor’s employees shall ensure that at no time shall a State building, office, or security gate on State Property be left unlocked while unattended. State property shall be secured at all times during cleaning operations; including but not limited to individual offices if those offices are normally locked after hours. Contractor will be held responsible for the removal or breakage of State property and VDOT employees’ personal items because of work performed under this contract.

VDOT will provide access to the building that is to be cleaned. The Contractor will be given the necessary keys for the duration of the contract. The Contractor shall return the keys when the contract is terminated and is responsible for the safekeeping of the keys during the contract period. The Contractor shall not duplicate keys or loan keys to any person not directly involved in the work associated with this contract. In the event the Contractor loses the keys, the Contractor will be charged for the replacement of all keys and locks to the facility.

SAFETY REFERENCES: In any area where janitorial services are being performed proper signage (wet floors, closed for cleaning, etc.) shall be used.

The Contractor’s personnel shall at all times adhere to the latest recommendations and or requirements of OSHA and

VOSH regarding employee safety and health as related to work performed on this contract.

Storage of supplies and cleaning equipment will be permitted on VDOT property, at location(s) designated by the Contract

Administrator. The storage area(s) will be accessible to both VDOT representatives and the contractor. The storage area(s) will be lockable, and the contractor shall exercise sole use of such items stored, with the exception of toilet paper, paper towels and trash can liners. VDOT reserves the right to replenish said items in restrooms if needed. VDOT shall not be responsible or liable in any manner in the event of loss of stored items. No flammable liquids will be stored in

VDOT buildings.

Employees of the contractor will be responsible for reporting fires, hazardous conditions, electrical, plumbing, water, sewage and building/facilities failures immediately to VDOT representative or emergency services if applicable. Items in need of repair/replacement, (burned out lights, leaky faucets, etc.) even though not specifically covered in this IFB, should be reported right away and shall be listed on the Daily Inspection Report. Minor toilet stoppage shall be addressed or corrected by the Contractor as it is noticed or reported to the Contract Administrator.

All Contractor supplied equipment, tools, and personal safety equipment shall meet or exceed the safety standards specified for such items by the American National Standards Institute Manual (ANSI Z133.1-1994).

BID PRICING SCHEDULE - MEASUREMENT FOR PAYMENT

BID LINE 1 – Bid price shall represent a monthly charge for Regular Services at the:

Amherst Construction Management Office

The Contractor will be required to provide all labor, transportation, supervision, equipment, materials, and supplies necessary to perform the work outlined in this Invitation for Bids.

BID LINE 2 –Bid price shall represent an hourly charge for:

Extra & Emergency Services: Hourly Services for special needs or emergency response

At the Amherst Construction Management Office

When requested by the Contract Administrator on an “additional as needed basis”. The Contractor will be required to provide all labor, transportation, and supervision necessary to perform the additional duties. Any materials required for the hourly services will be paid for at the contractor’s cost. Contractor shall provide receipts.

V. PRE-BID TELECONFERENCE: A pre-bid will not be held for this solicitation. Please submit any questions regarding the solicitation to Robert Dowdle at Robert.Dowdle@vdot.virginia.gov.

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 monthly to the email addresses 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.

In lieu of mailing, invoices may be submitted as an attachment via email to: Timothy.Clark@vdot.virginia.gov and

Deb.Byerly@vdot.virginia.gov.

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:

mailto:Robert.Dowdle@vdot.virginia.gov mailto:edi@doa.virginia.gov mailto:Timothy.Clark@vdot.virginia.gov https://eva.virginia.gov/index.html 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 2:00 PM EST on March 26, 2024.

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 220 419 362 015 Passcode: B8cm75 Download Teams | Join on the web

Or call in (audio only)

+1 434-230-0065,,647130670# United States, Lynchburg

Phone Conference ID: 647 130 670#

Find a local number | Reset PIN

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”.

https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGU2YmMzMjItNTYzNC00MGM5LTgwY2UtNGQ3OGQzNmRmOTVj%40thread.v2/0?context=%7b%22Tid%22%3a%22620ae5a9-4ec1-4fa0-8641-5d9f386c7309%22%2c%22Oid%22%3a%22ca749677-1dae-462a-bde2-abdd0f12c894%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14342300065,,647130670 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=647130670 https://dialin.teams.microsoft.com/usp/pstnconferencing http://www.eva.virginia.gov/

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.

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 accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

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

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

Commonwealth may have.

Q. OMITTED:

R. OMITTED:

S. OMITTED:

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

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

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

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

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the…