IFB159419 Specifications.pdf

Administrative Services/Procurement

Lynchburg District Appomattox Residency

Asphalt Patching Services

IFB #159419

INVITATION FOR BIDS IFB# 159419

Title: Asphalt Patching Services

Commodity Code(s): 97534, 97524, 97583

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 pre-bid conference will not be held for this IFB.

Solicitation Closing Date and Time: 1:00 PM EST on January 21, 2025. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00 PM EST on January 21, 2025. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

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

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

3. VA STATE CORPORATION COMMISSION FORM

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

5. VENDOR QUALIFICATION / EQUIPMENT INVENTORY CERTIFICATION FORM

6. SUBCONTRACTOR APPROVAL REQUEST

7. NORMAL AND EMERGENCY CONTACTS

8. REFERENCES

9. 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 # 159419

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 9

VI. Method for Payment 9

VII. Invoicing 9

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 17

ATTACHMENTS

A. VA State Corporation Commission – Fillable Form

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

C. Vendor Qualification / Equipment Inventory Certification – Fillable Form

D. Subcontractor Approval Request – Fillable Form

E. Normal and Emergency Contacts – Fillable Form

F. References – Fillable Form

G. References (If Necessary)

H. Contractor License Requirements (If Necessary)

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

G. Contractor License Requirements– Fillable Form

H. Prevailing Wage Rate Determination(s)

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 Virginia

Licensed, Class A Contractors with a Highway Heavy specialty to provide Paving Crew(s) to perform “patching operations” in areas designated by the VDOT Contract Administrator or his designee, in Amherst, Appomattox, Campbell & Nelson

Counties, Virginia, Appomattox Residency, on Primary and Secondary routes in accordance with the specifications.

PERIOD OF CONTRACT: From 2/22/2025 through 2/21/2026 (renewable)

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

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the

Bidder shall identify on the 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 on 1/13/25.

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:

Work shall consist of repairing winter breakup and asphalt failures on various routes throughout Amherst, Appomattox, Campbell and Nelson Counties, and shall include removing deteriorated pavement, disposal of unsuitable materials, cleaning the area and repairing with the appropriate asphalt plant mixes, in areas designated by the VDOT Contract

Administrator or designee. The VDOT Contract Administrator or designee will designate the asphalt mix and the surface areas for preparation and restoration, to be achieved prior to beginning of work in accordance with the Invitation for Bids.

The Contractor shall haul plant mix from the asphalt plant located closest in proximity (where VDOT has applicable contract) to the work areas and provide all labor and equipment for placement as designated by VDOT. The contractor shall not use any asphalt except that obtained from VDOT approved asphalt plants or as directed by the VDOT Contract Administrator or designee. If necessary, vendor shall also perform flexible pavement planing as directed by the Contract Administrator or designee. Contractor shall deliver and place approved asphalt materials to meet individual specifications for each location on an “as needed” basis for maintenance in Amherst, Appomattox, Campbell, and Nelson Counties throughout the contract period.

The work will be paid for by the hourly rates per piece of equipment.

The unit bid price for all required equipment shall include the hourly rate for each piece of equipment which shall include the operator, fuel, cost for mobilization and any other incidentals cost required to provide the equipment with operator. VDOT will pay only for equipment used at job site. No travel time will be allowed.

1. Equipment will be paid only for actual hours worked and no time will be allowed for downtime or servicing equipment.

2. VDOT will make request and schedule the daily operations of any/all necessary equipment for each project.

3. In the event of inclement weather or emergencies situations VDOT will pay the contractor for two

(2) hours at the bid rate for each requested piece of equipment with operator that reported to the jobsite and work is unable to be performed due to the situation.

All asphalt will be supplied by VDOT.

Plant mix shall be hauled from plants as directed and approved by VDOT, The Contractor shall be responsible for picking up and hauling all materials from an approved VDOT supplier, unless otherwise specified by the VDOT Contract Administrator or designee. Plant mix shall be picked up from the nearest certified plant as specified by VDOT. VDOT will issue purchase orders for all materials picked up directly from the supplier. Purchase order numbers will be supplied to the Contractor. The

Contractor shall be responsible to ensure the Purchase Order number is on all ticket/receipts prior to leaving supplier.

All delivery tickets shall be signed by the Contractor and turned into the appropriate VDOT representative on a daily basis.

These will be used to verify delivery amounts.

DISPOSAL:

All materials from milling are to be hauled by the Contractor to the VDOT Appomattox Residency location closest to the work site as directed by the Contract Administrator or designee. The Contractor is responsible to dispose of all other refuse, rubbish, scrap materials and debris caused by their operations. No such refuse, rubbish, scrap material and debris shall be left with 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 immediately report to law enforcement authorities and to the respective VDOT office any discovery of suspicious activity or suspected hazardous or foreign material within the VDOT Right-of-Way while engaged in any activivity performed under this contract.

B. SPECIFICATIONS & STANDARDS: All work shall be performed following the direction given by the VDOT

Contract Administrator, or designee. All traffic control shall conform to the latest edition of the Manual on Uniform

Traffic Control Device Standards (MUTCD) and the Virginia Work Area Protection Manual (VWAPM), dated 2019 or latest edition. The Contractor’s equipment shall meet Occupational Safety & Health Administration (OSHA) and

Virginia Occupational Safety & Health (VOSH) standards. Additionally, the Contractors shall remain in compliance with all OSHA and VOSH personnel, equipment, and safety regulations.

C. REQUIREMENTS, WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. PERSONNEL REQUIREMENTS:

a) Contractor’s Capacity to Perform: The Contractor shall ensure their capacity to perform work under this contract, regardless of other contractual responsibilities to VDOT or elsewhere. The

Contractor shall be capable of commencing work within the timeframe required herein. VDOT reserves the right to determine the quantity of equipment and flaggers/laborers needed at each location. The Contractor may be required to provide multiple pieces of equipment if work to be performed requires.

b) Experienced, Qualified Operators/Laborers: The Contractor shall provide crews that have sufficient numbers of personnel that possess the knowledge, skills, and abilities to be able to perform all aspects of operation of the equipment and to follow the applicable practices and methods of roadway construction and maintenance used by VDOT. All operators of each piece of equipment shall possess a valid CDL license when required for the equipment being operated.

c) Price Quoted: The quoted price for equipment shall include the equipment with operator and all associated expenses including but not limited to; materials, profit, direct and indirect costs, administrative cost, equipment and personnel transportation, cellular phones, pagers, hand-held radios and transportation, set-up and break down of signs and stands.

d) Crew Supervision: The Contractor shall provide supervision of employees at all times, including assignment of a crew supervisor. The crew supervisor on the job site shall possess a current

Asphalt Paving Technician Certification or equivalent certification and the cost shall be all conclusive in the vendor bid price. VDOT reserves the right to request a copy of the Asphalt

Paving Technician Certification.

e) Contact Person: The Contractor shall assign a supervisor as the Contract Representative, who will have the authority to execute the work. The Contractor shall at all times keep a telephone capable of operating throughout the area covered by the contract. The supervisor shall be available during the specified working hours for immediate contact and have authority to take immediate action to correct conditions determined by the VDOT to be unsafe, or otherwise not in accordance with the terms of the contract. The Contractor must be able to communicate with

VDOT personnel at all times. Refer to Attachment E, Normal and Emergency Telephone

Numbers.

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

g) Communication: The Contractor shall have at least one (1) individual on the worksite that communicates in English (both orally and in writing) and comprehends the English language.

This individual shall communicate instructions to the others working under this contract or coordinate this communication. VDOT personnel must be able to understand the English used by this person. Any individual that is used as a flagger shall comprehend and speak only in English while performing this job duty as required by the Virginia Work Area Protection Manual. Refer to

Attachment F, Listing of References Incorporated into this document.

h) Contractor’s Conduct: The Contractor shall be responsible for the conduct of all Contractor’s and Subcontractor’s personnel while at the work site.

i) Behavior: Behavior displayed by the Contractor’s and Subcontractor’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. Repeated incidents shall be grounds for termination of the contract at the discretion of VDOT.

j) 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).

Clothing should be appropriate for weather conditions.

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

l) Coordination with VDOT: VDOT shall have the right at all times to be advised, upon request, of the status of work being done by the Contractor, and details of that work. The Contractor will maintain coordination with the VDOT designee. VDOT reserves the right to perform any type of highway maintenance within the limits of the operation. The Contractor shall verify daily completions with the VDOT Contract Administrator or designee to ensure progress continues on the project.

m) Sanitary Facilities: Contractor will provide access to toilet facilities while working in these counties. It is the responsibility of the contractor to accommodate their employee’s bathroom and/or relief breaks, if necessary, at no cost to VDOT.

n) Flagger/Laborers: All flaggers shall be VDOT or American Traffic Safety Services Associates

(ATSSA) certified and shall have certification cards with them while performing these duties. Certified flaggers shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia Work Area Protection Manual. Flaggers shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the Virginia Work Area Protection Manual. The

Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers. Flaggers found performing their duties improperly shall have their certifications revoked.

VDOT will check on a regular basis to ensure that flaggers have their certification cards. Flaggers shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection Manual.

When used as a laborer, the person will be expected to perform manual labor such as cleaning pipe, shoveling stone, etc. Flaggers/laborers shall only be used in conjunction with equipment required for maintenance activity. The Contractor must have the capability of providing up to three (3) certified flaggers and up to five (5) laborers simultaneously if required by VDOT for each project.

2. EQUIPMENT REQUIREMENTS:

a) Equipment: The equipment offered by bidders shall be suitable for the intended purpose and as stated on the bid sheets pages or a VDOT approved equal in specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by bidders is considered equivalent to that named herein. The contractor shall provide any and all combination of equipment as requested at any given time to comprise a crew. Individual pieces of equipment may be utilized for other specialized duties at the bid price listed herein. The Bidder shall be required to provide with their bid, the make, model and capacity of each piece of equipment, as noted in the Pricing

Schedule. With the bid submission, each bidder shall furnish a listing of the equipment that will be used under this contract. Reference Attachment C, Vendor Qualification/Equipment Inventory

Certification Form. (Failure to complete Attachment in its entirety may render the bid non-responsive. The bidder may supply a spreadsheet for the equipment listing but the spreadsheet must have the same information requested on Attachment C. The equipment listing should have equipment listed for each bid line for equipment). The contractor shall have sufficient equipment and personnel in his possession, to successfully complete the assigned tasks, prior to commencement of work. A pre-award meeting will be conducted to inspect all equipment and verify personnel requirements. Equipment shall either be owned, or have signed lease agreements dated from the date of award forward for one year. The Contractor shall provide, maintain, and operate equipment designated for the operation described herein and shall ensure the equipment is in good repair and operating condition and meets all safety requirements for this type of work. No billable time shall be allowed for equipment breakdowns.

b) Safety Equipment: The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety vests, steel-toed shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety vest shall have the Virginia state seal or any reference to the Virginia Department of Transportation or

VDOT.

c) Maintaining Equipment: The Contractor shall possess or have available, prior to the award of the contract, sufficient equipment necessary to perform the work for the awarded contract. The

Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition.

d) 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 hand tools and safety supplies.

D. Traffic Control Signs and Stands: The Contractor shall be responsible for supplying traffic control signs, as well as cones and traffic channeling devices. The Contractor shall be responsible for proper erection and placement and removal of all traffic control devices, as defined by VDOT policy.

E. COMMENCEMENT OF WORK: VDOT shall issue Purchase Order for each contract year and issue work orders for each project. The work order is the official notification, it shall outline the work location and start date. All projects will be assigned as they become available. VDOT will coordinate with the Contractor to go over the project and to discuss the operation.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1) Satisfaction: All work shall be performed according to the standards of the industry and to the complete satisfaction of the VDOT Contract Administrator.

2) Signs or Advertisements: No signs or advertisements shall be posted on VDOT’s property.

3) Review of Work Site: The Contract Administrator, or designee, will review the work site with the

Contractor prior to the start of work.

4) Delivery, Parking and Storage: The Contractor shall not deliver and store equipment within the VDOT

Right-of-Way or on VDOT property without first obtaining permission from the Contract Administrator.

The Contract Administrator shall approve the parking and storage arrangements; however, VDOT will not be responsible for any loss or damage to the Contractor’s equipment that is left at this site.

5) Coordination with State Forces: VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with VDOT and other contractors as necessary.

G. METHOD OF ORDERING WORK:

1) Work Notification Procedure: VDOT shall issue work orders to start each project.

2) Confirmation/Response Time: After receipt of the work order, the Contractor shall confirm the acceptance of work assignment within 48 hours and begin work within five (5) calendar days. In the event that an Emergency response is required the contractor shall begin work within 24 hours upon request. 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.

3. Continuous Operation Requirement: The Contractor shall provide a continuous operation once they commence work. If this is not done, a Procurement Complaint Form may be issued, which may ultimately result in the default of the contract.

4. Contractor’s Failure to Report: If a 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 Terms and Conditions, Paragraph P. Procurement

Complaint Form may be issued against the Contractor.

H. HOURS OF WORK: Workdays will be Monday through Friday 7:00AM to 3:30PM, unless differently authorized by the Contract Administrator or his/her designee, normally work will be conducted during daylight hours. Night work may be required. The Contractor shall be responsible for providing lights for night work. A nighttime mobilization fee will be applicable (see pricing line 18) Scheduled work hours will be determined by the Contract

Administrator or his or her designee and may vary depending on the job and the time of the year. The Contract

Administrator reserves the right to alter work schedules as needed (e.g. four (4) ten-hour workdays). No work shall be allowed on major holidays unless directed by the Contract Administrator. Major holidays include January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occur on

Sunday, the Monday following shall be considered the holiday. Work activities shall only take place when weather conditions permit. Work activities shall cease when weather conditions are considered by VDOT to be hazardous for working, or for the traveling public.

No work shall be performed on the Primaries Roads after 12:00 noon on Fridays through Sundays. If an observed holiday occurs on Saturday, the preceding Friday shall be considered the holiday and if it occurs on Sunday, the following Monday shall be considered the holiday. If an observed holiday falls on a Friday, no work shall be performed after 12:00 noon on the preceding Thursday through Sunday. If an observed holiday falls on a Monday, no work shall be performed after 12:00 noon on the preceding Friday through Monday. No work shall be performed on Primary roadways after 12:00 noon on Fridays without the approval of the VDOT Contract Administrator or designee.

Actual Hours:

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

Billable Travel Time:

Equipment traveling or moved from one VDOT work location to another VDOT work location within the same day will be billed at the hourly rate for each piece of equipment involved. Other travel or movement of equipment will not be billable.

I. SAFETY REQUIREMENTS:

1) Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards 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 containing 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 Paragraph 31 for Safety and Health Standards.

2) Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to be maintained clean and free from safety hazards. The Contractor shall 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.

3) Hardhats: Hardhats shall be worn by ALL employees while participating in or observing all types of fieldwork when outside of the cab of a vehicle.

4) Safety vest: ALL Employees exposed to vehicular traffic when not behind a barricade shall wear a Safety vest.

5) Authority to Suspend Work: During the execution of the work, the Contract Administrator, or designee, 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 workers and/or general public, for failure to carry out orders for such period, and as may be deemed 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.

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

V. PRE-BID TELECONFERENCE: A pre-bid conference will not be held for this IFB. Please address any questions to

Robert Dowdle via email at Robert.Dowdle@vdot.virginia.gov.

VI. METHOD FOR PAYMENT:

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

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

0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices shall be submitted after the completion and the Contract Administrators acceptance of each job to the email addresses listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

lynchappomattoxinvoices@vdot.virginia.gov and Sandra.Mullins@vdot.virgina.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.

mailto:Robert.Dowdle@vdot.virginia.gov mailto:edi@doa.virginia.gov mailto:lynchappomattoxinvoices@vdot.virginia.gov mailto:Sandra.Mullins@vdot.virgina.gov https://eva.virginia.gov/index.html https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0

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 January 21, 2025.

Join the meeting now

Meeting ID: 299 058 281 160

Passcode: ct6jK6A2

Dial in by phone

+1 434-230-0065,,814214933# United States, South Hill

Find a local number

Phone conference ID: 814 214 933#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 113 681 937 6

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) mailto:eVACustomerCare@DGS.Virginia.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDhiM2ExMjAtMGM5OS00MDhiLTg5MTEtNTRiMWFmNDBmM2Vk%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,,814214933 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=814214933 http://www.eva.virginia.gov/ procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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…