IFB159133 Specifications.pdf

Administrative Services/Procurement

Lynchburg District Appomattox Residency

Pipe Replacement Rt 727

IFB #159133

INVITATION FOR BIDS IFB# 159133

Title: Pipe Replacement Rt 727

Commodity Code(s): 91339

Location Where Work Will Be Performed: Appomattox Residency

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 Mandatory Pre-Bid Conference will be held at 10:00 AM Eastern Standard Time (EST) on September 19, 2024.

Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on September 30, 2024. Refer to Solicitation Section VIII.1 for Instructions to

Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM EST on September 30, 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

8. CONTRACTOR LICENSE REQUIREMENTS

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 #159133

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 7

VI. Method for Payment 7

VII. Invoicing 7

VIII. Bidders Instructions and Public Bid Opening 8

IX. General Terms and Conditions 9

X. Special Terms and Conditions 15

ATTACHMENTS

A. VA State Corporation Commission

B. Small Business Subcontracting Plan (SBSP)

C. Subcontractor Approval Request

D. Normal and Emergency Contacts

E. Contractor License Requirements

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.vdot.virginia.gov/doing-business/training/

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide pipe replacement services (Jack and Bore) for VDOT Appomattox Residency, per the specifications of this solicitation.

PERIOD OF CONTRACT: From date of award through November 22, 2024 (nonrenewable)

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 SBSP 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 five days prior to IFB close.

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:

Appomattox County - Rte. 727 (Red House Rd.) (LAT/LONG: 37.310067, -78.831093), Object ID 40328

Contractor shall abandon existing 24" CMP, length of 80’, with flowable fill.

Contractor shall remove and dispose of existing endwalls. Contractor shall Jack and Bore (Method A) 36" smooth wall steel pipe, to be countersunk 6”, length of 80', with std. EW-1 end walls (with beveled edge) required on inlet and outlet ends of pipe.

Contractor shall tie in the inlet and outlet end of proposed endwalls with the toe of fill. Erosion Control Stone Class A1 culvert outlet protection required, minimum depth of 18”.

Contractor’s bid pricing shall include all materials, pipe, endwalls, excavation, fill material needed to tie in new endwall, slope repairs, and other land disturbances, seeding/fertilizer, protective coverings, check dam, siltation control excavation and temporary silt fence, traffic control, disposal costs, experienced operators, labor and equipment to include mobilization and demobilization.

Live stream work required.

VDOT State Forces will provide all tree trimming/removal services for this location.

VDOT has obtained the environmental permits and temporary construction easements that are needed for this project.

A. SCOPE OF WORK:

All work shall be performed in compliance with the applicable parts of the VDOT Road and Bridge Specifications 2016 or latest edition, including but not limited to: Section 302 – Drainage Structures, Section 232 – Pipe and Pipe Arches, Section

249 – Flowable Backfill, Section 217 – Hydraulic Cement Concrete, Section 218 – Hydraulic Cement Mortar and Grout, Section 303 – Earthwork, Section 512 – Maintaining Traffic, Section 107.16 – Environmental Stipulations.

All work shall be performed in compliance with the Virginia Department of Environmental procedures and any revisions issued during the term of the contract.

Contractors bidding on this solicitation shall be able to complete this project by November 22, 2024. The work shall be completed between regular business hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding official holidays.

No Sunday workdays permitted.

Method A - Jacked Pipe Installation:

The Contractor shall select and use pipe having a design strength and wall thickness sufficient to withstand the jacking operation and maximum height of fill to be encountered along the length of the pipe.

Construction shall be performed in such a manner that the pavement surface above the pipe line does not have more than ½ inch of settlement when measured with a 10-foot straightedge.

The hole shall be bored mechanically with a suitable boring assembly designed to produce a smooth, straight shaft and operated so that the completed shaft will be at established line and grade. The bore holes shall be mechanically produced. The boring shall be accomplished by using either a pilot hole or a dry bore method.

The Contractor shall apply even pressure to all jacks during jacking operations. Provide suitable bracing between jacks and the jacking head so that pressure shall be applied to the pipe uniformly around the ring of the pipe. The jacking head shall be of such weight, construction, and dimensions that it shall not bend or deflect when full pressure is applied at the jack. The jacking head shall be provided with an opening for the removal of excavated material as the jacking operation proceeds.

The Contractor shall set the pipe to be jacked on guides that are straight and securely braced together in such manner as to firmly support the section of pipe and to direct it in the proper line and grade as jacking operations proceed. The Contractor shall replace or repair pipe that is damaged during jacking operations at his own expense. Joints shall be butt welded so as to be watertight as installation progresses.

In Stream Plans:

Upon award, the Contractor shall meet with VDOT Environmental personnel to discuss the In Stream plan for awarded site.

The Contractor shall be responsible for providing finalized In Stream plan to the Contract Administrator for review and acceptance prior to beginning any work on site. Acceptance of this plan does not constitute a final plan, as conditions on site may change and the Contractor shall be responsible to adjust the plans to meet the ever changing field conditions.

Sheet Piling and Shoring:

In the event the Contractor and the VDOT Contract Administrator determine shoring shall be needed to conduct repairs at the site, the Contractor shall submit design to the Contract Administrator prior to installation for review and acceptance. This must be an engineered design with calculations and VDOT’s review will be for acceptance not approval of the designed plan.

Materials:

Materials supplied by the Contractor, to include the Smooth Steel Wall Pipe, must meet the Made in USA designation. All materials must conform to the VDOT Road & Bridge Specifications 2020 section 232.02(c)4. Contractor to provide a copy of the pipe Manufacturer's letter of certification that Certifies to ASTM 139 and Mill Report.

All materials such as stone for slope, inlet and outlet stabilizations shall be included in the bid pricing submitted.

Headwalls are to be included in the bid price for each lot and designed per current VDOT Road and Bridge Specifications.

B. 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

The Contractor shall ensure that at least one lane of the road is open at all times while work is in progress.

PORTABLE TEMPORARY RUMBLE STRIPS: This work may consist of employing Portable Temporary Rumble Strips

(PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT IIM-TE-

386.1 , or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current VIRGINIA DOT Pre-Approved

Traffic Control Device Listing. The list may be accessed at: https://www.virginiadot.org/business/resources/TCD-Pre-

Approved-Listing-2019-05-16.pdf. Currently there is only one approved product:

1. Cost of Portable Temporary Rumble Strips shall be included in the unit price bid.

2. The Contractor shall be required to provide the appropriate signs and spring-loaded type sign stands meeting NHRP

350 requirements and capable of holding a 48” inch sign. It shall be the responsibility of the Contractor to transport, properly set up, and break down all traffic control devices. The contractor shall install and maintain signs in accordance with the most recent edition of the VWAPM and MUTCD, as revised or amended. Signs and outlays layouts shall be in place prior to the performance of any work. The Contractor shall supply all traffic cones and traffic-related channelizing devices. Contractor shall provide two-way radios for traffic control when applicable.

3. The contractor shall provide, transport, erect and maintain and dismantle adequate traffic control work zone signs and or temporary barriers to delineate work areas when required and the price quoted shall include these costs.

C. PERSONNEL:

1. Contractor shall be licensed by the Virginia Department of Professional and Occupational Regulations (DPOR) as a

Contractor with appropriate class and specialty. See Special Terms and Conditions #8 and #9. Contractor shall ensure a supervisor onsite at all times with a valid Department of Environmental Quality Erosion and Sediment Control certification.

1. Contractor’s Capacity To Perform: The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

2. Contractor’s Personnel: The Contractor shall be responsible for the conduct of all Contractor’s and Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator/Contract Monitor.

3. Contact Person: The Contractor shall assign an individual as the Supervision Representative whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the area covered under this contract and be able to communicate effectively with Contract

Administrator/Monitor.

4. Supervision: The Supervision Representative shall be responsible for assigning and coordinating work, addressing general contract performance issues and have the ability to meet with VDOT representatives on site as needed. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/Business/resources/Wrk_zone/2011_WAPM_Rev_1.pdf https://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2019-05-16.pdf https://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2019-05-16.pdf

5. Flagging Certification: The Contractor shall ensure that any member of the crew to be utilized as a “flagger” shall be certified in the VDOT Flagging Certification Program or the American Traffic Safety Services Association (ATSSA)

Flagger Certification Program and maintain a valid certification throughout the contract period. The VDOT or ATSSA flagging certification card must be in their possession at all times. Flagger’s found not in possession of a Certification card or performing their duties improperly shall not be allowed to perform work and the operation will be shut down.

VDOT will inspect on a regular basis to ensure that flaggers have their Certification cards. Additionally, any crewmember that is used as a flagger shall be able to communicate to the traveling public in English while performing their job duty as a flagger at the flagger station as required in Section 6E.01 of the Virginia Work Area Protection Manual.

6. Communication: The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language. Contractor’s

Supervision Representative and the designated crewmember shall be capable of communicating instructions to the other crewmembers. The English used by this person must be understood by VDOT personnel.

7. Appearance: Any person working under this contract shall be dressed appropriately at all times. Proper dress shall include long pants (slacks) and shirts or blouses with sleeves.

D. MANNER OF CONDUCTING WORK AT THE JOB SITE:

The Contractor shall begin work within ten (10) business days after receipt of a Purchase Order unless otherwise agreed upon by the VDOT Contract Administrator. The Contractor shall advise the VDOT Contract Administrator at least 24 hours prior to the commencement of work. The Contractor shall not begin work until the location and extent of work has been verified and approved by the Contract Administrator.

All equipment and stored materials shall be kept out of the design clear zones and deflection areas.

VDOT will provide the contractor with all necessary Environmental permits.

The Department will acquire right of entry agreements to allow the work to be performed. The agreements will be provided to the Contractor and the Contractor shall abide by the terms of the agreement at all times. If it is necessary for the

Contractor to obtain storage areas or staging areas on private property, it will be the Contractor’s responsibility to acquire signed agreements with the property owners. The Contractor shall provide the VDOT Contract Administrator a copy of all signed agreements prior to entering private property.

Disposal of waste material shall be in accordance with state and federal regulations. The Contractor shall dispose of all refuse, rubbish, scrap materials and debris caused by pipe rehabilitation operations. 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. Under no circumstances shall contractor leave millings or leftover material accumulated or piled on shoulder of road. All disposal and landfill charges are the responsibility of the Contractor and shall be included in the bid pricing submitted.

The contractor is responsible for cleaning the streets, sidewalk facilities, and other areas disturbed by construction activities when the work is completed. This work will include cleaning and debris removal/disposal, and removal of all construction materials.

In the event that the Contractor should discover any suspicious activity or suspected hazardous or foreign material within the

VDOT Right of Way, and while engaged in any active and/or standby operations performed under this contract. The

Contractor shall immediately report such discovery to the law enforcement authorities and to the VDOT Contract

Administrator.

E. TRANSPORTATION OPERATIONS CENTER:

The Contractor shall notify the Transportation Operations Center (TOC) for “VA Traffic” notification. The TOC Contact

Number: 1-540-375-0170. Notifications to the TOC shall be made prior to 8:00 AM each day.

The Contractor shall immediately provide notification to the TOC for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the CA/CM).

The Transportation Operations Centers will request the following information from the Contractor: Route, county, location

(termini), lane impacted (EBL, SBL, etc.), and cell phone number.

Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination.

VI. MANDATORY PREBID CONFERENCE:

A mandatory in person pre-bid conference will be hosted by the Contract Officer at the job site on Route 727 (Red

House Road LAT/LONG: 37.310067, -78.831093 at 10:00 AM EST on September 19, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this prebid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted to join the conference after 10:00 AM EST.

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

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct an attendance roll call to identify the individuals participating. Participants will be requested to provide their individual name, company name and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call. Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call and who requested admittance no later than 10:00 AM EST.

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

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 upon completion and acceptance by VDOT 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 mailto:edi@doa.virginia.gov 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

331 Ferguson Street

Appomattox, Va. 24522

ATTN: Sandra Mullins

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.

A virtual public bid opening will be hosted by a VDOT representative at 2:00 PM EST on September 30, 2024.

Join the meeting now

Meeting ID: 275 095 485 414

Passcode: JB2U7D

Dial in by phone

+1 434-230-0065,,684080641# United States, Lynchburg

(434) 230-0065,,684080641# United States (Toll-free)

Find a local number 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2Q5MWNkMzQtNTRmMC00N2Q4LWI5OGUtYTZkNDE5ZWY5NWYw%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,,684080641 tel:4342300065,,684080641 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=684080641

Phone conference ID: 684 080 641#

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

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

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

IX. GENERAL TERMS AND CONDITIONS:

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

Virginia”.

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

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the

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

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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.

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

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 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.

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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 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.

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

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 or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automate government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA

Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders must register in eVA and pay the

Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor…