IFB158856 Specifications.pdf

Administrative Services/Procurement

Lynchburg District

Mowing, Landscaping and Litter Removal

IFB #158856

INVITATION FOR BIDS IFB# 158856

Title: Mowing, Landscaping and Litter Removal

Commodity Code(s): 98836, 98888

Location Where Work Will Be Performed: Appomattox County

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: No pre-bid conference will be held for this solicitation.

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

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

5. NORMAL AND EMERGENCY CONTACTS

6. 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 # 158856

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 8

VI. Method for Payment 8

VII. Invoicing 8

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 16

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

B. Omitted

C. Subcontractor Approval Request – Fillable Form

D. Normal and Emergency Contacts – Fillable Form

E. References – Fillable Form

F. References (If Necessary)

G. Contractor License Requirements (If Necessary)

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

G. Aerial Map

H. Traffic Control Attachment for Lots 2

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 mowing, landscape maintenance, litter removal services on an on-call, as-needed basis. All work shall be completed in accordance with the specifications contained herein.

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

This solicitation is set-aside for award priority to DSBSD-certified micro businesses when designated “Micro Business SetAside Award Priority” or “Small Business Set-Aside Award Priority” according to the solicitation. DSBSD-certified micro business or small businesses that include DSBSD-certified women owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders shall be deemed micro businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids

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 April 30, 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 Appomattox Residency 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.

The Contractor(s) shall supply mowing, landscaping and litter removal services on each lot as specified in the bid line descriptions.

Lot One:

Appomattox Residency Complex

331 Ferguson Street

Appomattox, Va. 24522

Lot Two:

Crepe Myrtles located in the median along RT 460 (Appomattox Bypass) Between Old Court House Rd. and Confederate Blvd.

mailto:Robert.Dowdle@VDOT.Virginia.gov

SCOPE OF WORK:

The Contractor(s) shall furnish all labor, supervision, supplies, fuel, materials, tools, equipment and incidentals necessary to satisfactorily mow grass, weed, pick up litter, leaves and debris, trim around (sidewalks/ trees/ buildings/ parking areas/ driveways/fences), and prune shrubbery as requested in various locations in the Appomattox Residency as defined in this bid.

All services will be ordered during the contract period on an as needed basis by the Contract Administrator or designee.

VDOT reserves the right to perform any service with State forces.

A. MOWING:

The Contractor shall mow all specified areas to a height of 2.50” – 3.00” or as directed by the Contract Administrator using a reel or rotary type mower. Mowing heights are to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting edges. Mowing will be accomplished in such a manner as not to damage property, trees, shrubs, signs, or other appurtenances. When mowing around vehicles and groomed flowerbeds the Contractor shall mow in a direction as to keep grass clippings off the vehicles and beds. Contractor is to remove all liter, accumulated leaves and debris from premises prior to mowing and dispose of in an approved facility. Litter and debris will hereby be defined as: paper, trash, cigarette butts, branches, candy wrappers, cups or anything unsightly or easily distributed by wind.

Litter and debris pick up will consist of policing areas around the perimeter of all buildings and trailers on complex.

Mowing is to be mowed or string line trimmed within 1 day of start of work.

The Contractor shall report within 24 hours of notice for any mowing or requested work.

Prior to award, VDOT reserves the right to require the potential Contractor to provide a written explanation of how they will complete the required mowing within the time frame. This write up shall include pieces of equipment to be used and number of personnel. VDOT reserves the right to inspect all equipment the potential Contractor would use and would require it to be brought to the Appomattox Residency Office for inspection. The inspections will be performed by a VDOT representative.

The quantities listed are estimated and reflective of past usage and proposed usage only. VDOT reserves the right to order more or less mowing and trimming services during the contract period. In case of dry weather, mowing may not be done.

B. CLEANING:

The Contractor shall clean (swept or blown) all sidewalks, stairs, driveways, parking areas, or entrances after each mowing is performed. Sidewalks and entry ways to the facility must be open at all times. No grass shall be blown into ponds or pond banks.

All grass clippings to be blown back into turf areas. The clippings cannot be left on concrete, pavement or vehicles. All grass clippings shall be kept out of ponds, ditches, and drains. Clippings shall not be left in a manner where wind or rain will move them to these areas. Any oils or fuels spilled shall be gotten up immediately.

C. HAND MOWING OR STRING TRIM:

The Contractor shall hand mow or string trim all areas around sidewalks, stairs, trees, shrubs, buildings, parking areas, driveways, fences, utility amenities and areas not accessible by riding mowers each time a mowing is performed. Special attention to areas around buildings where small patches of grass are between buildings and pavements or fences. Special care must be taken not to damage trees, shrubs etc. All litter and debris shall be picked up prior to mowing on mowing days.

D. LANDSCAPING:

All landscaped areas/ornamental plant beds at the Appomattox Residency Complex shall be kept weeded and free from debris and yard clippings. De-weeding will take place as needed when ordered. De-weeding shall include the removal of non-desirable Vegetation within all plant beds and the individual standing shrubbery on the site plan. Non desirable vegetation shall include weeds, grasses and other vegetation not intentionally planted in the ornamental beds or the standing shrubbery.

It will be up to the Contractor to decide what method is utilized to manage the beds. Acceptable methods are manual de-weeding or the application of pesticides. Chemical vegetation management practices are not required, however if utilized, the

Contractor shall observe and follow all label precautions, restrictions and recommendations of chemicals being applied and shall observe all applicable Federal, State and local laws for storage, transport, handling, mixing, use and application. Current and up to date labels and Safety Data Sheets of all chemicals being applied shall be on hand for reference during application operations at all hands during the term of this contract.

The Contractor shall take extreme care to not damage off target trees, plants, shrubs whether on state property, Right of Way or private property. Damages as a result of negligence in these services by the Contractor shall be repaired or replaced at

Contractor expense.

All pesticide application operations shall be performed with the safest most effective methods for chemical vegetation management. The Contractor shall be responsible for overseeing the personnel performing all activities. The Contractor shall ensure that all operations are performed safely and correctly. VDOT shall monitor the contract for compliance. Additionally, VA Law requires the ‘for hire’ application of pesticides having a current Pesticide Business License. The Contractor shall ensure that all applicators are certified by the Commonwealth of Virginia as Registered Technicians at a minimum and are in compliance with the 1989 Virginia Pesticide Control Act and regulations adopted thereafter. Copies of the business license and applicator certifications will be required if chemical vegetation management practices are utilized. In the event the

Contractor does not have a Pesticide Business License the Contractor may subcontract this work out to a VDOT pre-approved

Subcontractor. The Contractor shall provide a copy of the pesticide business license and applicators certifications from the

Subcontractor to VDOT for pre-approval.

E. EDGING: Contractor shall edge the mulch bed and sidewalk leading to the Residency Office no less than once per year.

Edging may be performed by hand or by using a powered mulch edging tool.

F. SHRUB PRUNING:

The Contractor shall prune shrubbery in accordance with approved pruning techniques and ANSI A300 Pruning Standard-latest published. Trimmings shall be disposed of by the Contractor off the premises.

G. MISCELLANEOUS:

Price per hour for one (1) individual to provide any landscape type work not included in the contract. Work may include, but not be limited to, mulching, adding decorative stone, weeding around perimeter fence.

Any required material shall be supplied by the Contractor at cost and the Contractor shall include the vendor’s original invoice with the bill. Equipment, fuel, transportation, and tools of the trade shall be included in the hourly rate. Work shall be completed in continuous daily action pending weather prohibiting the work. VDOT reserves the right to provide any material or specifications which require the purchase or installation of material.

H. DAMAGES:

Any damages to property (vehicles, plants, trees, shrubs, signs, etc.) resulting from the performance of the contract shall be repaired to the Commonwealth’s satisfaction at Contractor expense.

REQUIREMENTS WITH WHICH THE CONTRACTOR SHALL COMPLY:

A. CONTRACTOR’S CAPACITY TO PERFORM:

The Contractor shall ensure his capacity to perform work under this contract, even though there may be other contractual responsibilities to VDOT or elsewhere. The Contractor shall also be capable of commencing and completing work within the timeframe required.

B. CONTACT PERSON:

The Contractor shall assign a person as the contact who will have the authority to execute the contracted work. This person’s name and phone number shall be provided in Attachment D, Normal and Emergency Telephone Numbers.

C. EXPERIENCED, QUALIFIED PERSONNEL:

The Contractor shall provide experienced, qualified and properly trained personnel needed to perform the work requested.

Price quoted include profit, all direct and indirect costs such as general and administrative costs, the transporting the equipment, fuel, and personnel to and from designated locations and the use of cellular phones and hand held radios used by the Contractor to conduct business.

D. LICENSES:

The Contractor shall ensure that operators of equipment possess a valid Driver’s License or Commercial Driver’s License with the proper endorsements as required by the equipment being operated.

E. REVIEW OF THE WORK SITE:

A VDOT Contract Administrator or designee will provide details of the work site for the Contractor prior to the start of work.

F. DELIVERY, PARKING & 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, storage arrangements and staging areas along the right of way. VDOT will not be responsible for any damage to the Contractor’s equipment that is left at these sites.

G. SUPERVISION:

It shall be the Contractor’s responsibility to completely supervise and direct the work of his employees as well as all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the General Contractor.

H. CLEANUP:

The Contractor shall clean up frequently so the worksite presents a neat, orderly and workmanlike appearance at all times. If a Contractor fails to clean up at the completion of the work, the Contract Administrator may do so and charge the costs to the

Contractor.

I. DISPOSAL:

The Contractor is responsible to dispose of all refuse, rubbish, scrap materials and debris caused by their operations in accordance with local regulations. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the job site, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. The Contractor shall pay for landfill disposal costs as part of their inclusive bid pricing.

EQUIPMENT REQUIREMENTS:

A. EQUIPMENT:

The Contractor shall provide and maintain commercial equipment (no residential equipment) designated for the operation(s) described herein and shall ensure the equipment is in good repair and operating condition. Equipment may be inspected by

VDOT prior to award.

B. FUELED AND READY:

The Contractor, at his own expense, shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to all tools and safety supplies.

HOURS OF WORK:

All work will be performed during daylight hours. Work will be performed between the hours of 8 am to 4 pm Monday through Friday unless otherwise authorized by the Contract Administrator. Starting times and schedules may vary and no work will be permitted on State Holidays without permission from the Contract Administrator.

Please note: Lot One – Appomattox Residency Complex – work will be scheduled with the VDOT Contract Administrator.

The mowing behind the lot fence will need to be done before 4 pm, as the gates are locked at that time. However, the mowing outside of the fence shall be done after the employees’ vehicles are removed from the parking area at 3:30 pm.

The Contractor shall report within 24 hours of notice for any mowing or requested work.

MANNER OF CONDUCTING WORK AT THE JOB SITE:

A. SATISFACTION:

All work shall be performed according to the standard of the industry and completed to the satisfaction of the Contract

Administration.

B. COMMUNICATION:

Each crew shall have at least one crewmember that communicates in English (both orally and in writing) and comprehends the English language. This crewmember shall communicate instructions to other crewmembers or coordinate this communication.

C. CONTRACTOR’S CONDUCT:

The Contractor shall be responsible for the conduct of all personnel while at the work site. Contractor’s employees appearing to be under the influence of alcohol or drugs shall not be permitted on the property.

D. CONTRACTOR’S PERSONNEL:

The Contractor’s personnel shall at all times serve the traveling public, landowners and citizens throughout the Lynchburg

District Complex in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator.

E. BEHAVIOR:

Behaviors displayed by Contractor’s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. No loud or boisterous conduct shall be permitted. Repeated incidents shall be grounds for termination of the purchase order at the discretion of VDOT.

F. 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.

G. SIGNS OR ADVERTISEMENTS: No signs or advertisements shall be posted on VDOT’s property.

SAFETY REQUIREMENTS:

A. SAFETY STANDARDS, RULES AND REGULATIONS:

The Contractor shall ensure that all personnel and equipment comply with all OSHA and VOSH Standards and VDOT safety rules and regulations as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes but is not limited to equipment having vehicular backup alarm systems and flashing lights and equipment that contains a roll over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and Conditions for Safety and Health Standards.

B. 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 area are to maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and 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 damage to it or loss of use and enjoyment by its owners.

C. AUTHORITY TO SUSPEND WORK:

During the execution of the work, the VDOT Contract Administrator will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the worker’s and/or general public, for failure to carry out orders for such period, and as he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public’s interest.

D. FIRST AID KITS:

The Contractor shall ensure that a First Aid Kit is on each job site at all times. The first aid kits shall contain at least the minimum number and type supplies as required by the OSHA and VOSH Standards.

E. TRAFFIC CONTROL:

All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD), latest edition of Virginia Work Area Protection Manual (WAPM), and VDOT IIM-TE-386.1. See Attachment H regarding traffic control set up for Lot 2.

A shadow vehicle shall be used whenever a person is required to operate equipment mounted on or in the work vehicle such as buckets, augers, post drivers, etc. For operations on the shoulder with duration greater than 60 minutes where workers are present, a shadow vehicle shall be used. A truck mounted attenuator (TMA) shall be used on the shadow vehicle on Limited

Access highways and multi-lane roadways with posted speed limit equal to or greater than 45 mph.

METHOD OF ORDERING WORK:

A. WORK NOTIFICATION PROCEDURE:

The Contractor’s official notification is the Purchase Order outlining location and work to be accomplished.

B. CONTINUOUS OPERATION REQUIREMENT:

The Contractor shall provide a continuous operation once they commence work. If this is not done, a Procurement

Complaint Form will be issued, which may ultimately result in the default of the contract.

C. 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 additional purchase and administrative costs in accordance with General Term and Condition paragraph P. A Procurement Complaint Form may be issued against the Contractor.

D. RESPONSE TIME:

The Contractor shall report to work within 24 hours after notification by the Contract Administrator. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis.

E. COMPLETION OF WORK:

The Contractor shall provide a continuous operation once work has commenced and complete work within the timeframes specified in Section IV B. 1, with the exception of interruption caused by weather or delays authorized by the Contract

Administrator or designee.

V. PRE-BID CONFERENCE: A pre-bid conference will not be held for this solicitation; however, potential bidders are encouraged to present questions and obtain clarification relative to any facet of this solicitation. Reference section II

QUESTIONS REGARDING THIS INVITATION FOR BID.

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 after each service cycle or no less than monthly 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

Appomattox Residency Office

Attn: Business Office

331 Ferguson Street

Appomattox, Va. 24522

In lieu of mailing, invoices may be submitted as an attachment via email to Sandra.Mullins@vdot.virginia.gov and carbon copy (CC) LynchAppomattoxinvoices@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:

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.

mailto:edi@doa.virginia.gov mailto:Sandra.Mullins@vdot.virginia.gov mailto:LynchAppomattoxinvoices@VDOT.Virginia.gov 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

A virtual public bid opening will be hosted by a VDOT representative at 2:00 PM EST on May 7, 2024.

Join the meeting now

Meeting ID: 299 006 334 471 Passcode: 2Jb5Jc

Dial-in by phone

+1 434-230-0065,,112960966# United States, Lynchburg

Find a local number

Phone conference ID: 112 960 966#

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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTQwOGIzMzktZjFlOC00NmI2LWFlMTgtZjNiZDA2ZmEwNzFh%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 tel:+14342300065,,112960966 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=112960966 http://www.eva.virginia.gov/ the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

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

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

Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

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

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

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

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

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the

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

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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

J. PAYMENT:

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, after due oral or written notice, may terminate this contract and procure all goods and/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 contractor's employees;

(ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the http://www.eva.state.va.us/ unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

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

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

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department…