IFB159571 Specifications & Attachments .pdf

Administrative Services/Procurement

Lynchburg District

Asphalt Patching Services

IFB# 159571

Issue Date: February 19, 2025 INVITATION FOR BIDS IFB# 159571

Title: Asphalt Patching Services

Commodity Code(s): 97583, 97586, 97513

Location Where Work Will Be Performed: Halifax 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 10:00AM Eastern Standard Time (EST) on March 5, 2025. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 1:00 PM EST on March 17, 2025. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 2:00PM EST on March 17, 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

Lynchburg District Halifax Residency

Invitation For Bids IFB # 159571

TABLE OF CONTENTS

PAGE

I. PURPOSE 3

II. QUESTIONS REGARDING THIS INVITATION FOR BID 3

III. GENERAL DEFINITIONS 3

IV. SPECIFICATIONS 3

V. PRE-BID CONFERENCE 7

VI. METHOD FOR PAYMENT 8

VII. INVOICING 8

VIII. BIDDER’S 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)

REFERENCED TRAININGS

1. General Term and Condition C.1.(d): Link to Referenced Sexual Harassment Training

2. General Term and Condition CC: Link to VDOTU. Log in and search for “VDOT Workplace Civility Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://virtualcampus.vdot.virginia.gov/

I. PURPOSE:

The Virginia Department of Transportation, herein referred to as “VDOT”, an agency of the Commonwealth of Virginia, is soliciting bids from qualified Virginia Licensed, Class A Contractors with a Highway Heavy specialty to provide Asphalt

Patching Services in accordance with the performance specifications herein, within the Halifax Residency, which includes

Pittsylvania and Halifax Counties. The Contractor will work on an as needed basis to perform various asphalt patching operations. The contract will be awarded by lot.

Lot 1 – Halifax County

Lot 2 – Pittsylvania County

PERIOD OF CONTRACT: From April 1, 2025 through one year (renewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting

Plan (SBSP) Attachment B with the electronic bid response in eVA. Bidders selecting the “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier

Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

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

Bidder shall identify on the 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 BIDS:

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 PM EST on March 12, 2025.

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 “Commonwealth” or “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:

A. SCOPE OF WORK: The Contractor shall provide equipment with experienced operators, fuel, hand tools, laborers, traffic control and supervision, as necessary, to perform primarily asphalt paving/patching operations in Halifax

County within the Halifax Residency.

The Contractor shall ensure their capacity to perform work under this contract, even though there may be other contractual responsibilities to VDOT or elsewhere. The Contractor shall be capable of commencing work within the timeframes required herein.

The Contractor will be notified when equipment is needed. The Contractor shall provide this equipment within 5 business days after notification by the Contract Administrator. In the event of an emergency situation, the

Contractor will be required to provide the needed equipment and personnel within twenty-four (24) hours of request.

If the Contractor schedules the equipment and personnel and fails to report at the agreed upon time frame, VDOT reserves the right to procure the needed equipment and personnel from another source. Any additional cost incurred by VDOT for this repurchase of services shall be invoiced to the Contractor who failed to provide the equipment and personnel when it was agreed upon.

If the Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and Conditions, Paragraph ‘P’. A Procurement Complaint Form may be issued against the Contractor.

B. REQUIREMENTS WHICH THE CONTRACTOR SHALL COMPLY WITH:

1. Equipment shall be of equal size, or larger, as specified on the pricing schedule. The Contractor’s equipment shall meet OSHA and VOSHA standards, which include vehicular backup alarms and flashing lights.

2. The Contractor shall provide experienced, qualified operators for heavy equipment. Laborers may be used for hand-held equipment. One operator could be utilized for several pieces of equipment. (For example, a truck operator could also use hand held equipment when it is needed.) Prices quoted shall represent a combined charge for the equipment and operator. When an operator is used as a laborer, however, they will be paid at the laborer rate, not the operator rate. Each price listed shall include profit and all direct and indirect costs, such a general and administrative costs, travel, etc. This will also include the use of cellular phones and hand held radios used by the Contractor to conduct business.

3. All work done under this contract shall be performed in accordance with the 2016 Virginia Department of

Transportation Road and Bridge Specifications, with the exception of Section 100 (General Provisions), the current edition of the Road and Bridges Standards, and the current edition of the, VA Work Area Protection Manual.

4. The contractor, at his own expense, shall have equipment fueled and ready to begin operations when they report to the job location. 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/equipment.

5. The Contractor shall not store equipment within the VDOT Right-of-Way or VDOT property without first obtaining written permission from the VDOT Contract Administrator. The Contractor will at no time enter onto private property without prior permission from the property owner.

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

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

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

c. In the event of inclement weather, emergencies or situations that the vendor cannot work and due to circumstances beyond their control and has reported to the worksite, VDOT will pay the Contractor a two (2) hour mobilization fee for each requested piece of equipment identified for use that day.

7. 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.

8. Billable Travel Time:

Equipment traveling or moved from one VDOT work location to another VDOT work location within the same day.

Other travel or movement of equipment will not be billable.

9. The equipment offered by Bidders shall be suitable for the intended purpose and provide approved equivalent specifications and capabilities. VDOT in its sole discretion shall determine whether the equipment offered by

Bidders is considered equivalent to that named herein.

C. MATERIALS REQUIREMENTS:

VDOT will furnish all materials necessary to complete the specified work such as stone, asphalt, etc.

D. EQUIPMENT REQUIREMENTS:

1. The Contractor’s employees are not permitted to use VDOT vehicles, equipment or radio’s at any time. Telephone services will only be permitted for local calls pertaining to the performance of this contract.

2. VDOT may conduct an equipment inspection of the apparent low bidder’s equipment upon posting the notice of intent to award. All equipment must pass inspection prior to the award for contract.

3. Additional Equipment not Listed: Services may require the provision of equipment that is not listed on the bid pricing schedule due to unknown factors. If such equipment is required for the project, the Contractor shall submit an hourly rate and attempt to provide lowest price available for rental, leased, or owned equipment.

The rate for any additional equipment on an hourly, daily or weekly basis must be approved in writing by the VDOT

CA or designee prior to use. The Contract Officer will issue a modification to the pricing line on the contract.

E. PERSONNEL REQUIREMENT:

Semi-Skilled Laborers: These individuals shall be general laborers capable of utilizing a variety of hand tools and performing manual labor. The individuals shall have working knowledge of patching/paving operations. The

Contractor must have the capability of providing a minimum of two (2) laborers if requested by VDOT.

Operators: Contractor shall provide experienced, properly trained, qualified operators for each piece of equipment used in the operation. The operator of each piece of equipment shall possess a valid CDL license when required for the equipment being operated

F. PAVEMENTS AND MARKERS:

When work assignments involve the removal of existing or missing pavement markings or markers, VDOT will be responsible to replace accordingly. The contractor shall not remove / destroy any more markings and/or markers than absolutely necessary to perform the work. The contractor shall notify the VDOT Contract Administrator at least

48 hours in advance, prior to performing any operations that would remove pavement markings in any single work location that would exceed 100 feet in centerline length.

G. SURFACE REPLACEMENT:

The contractor shall plan the work, whereas, to completely restore (replace) the final pavement surface to finish grade with new asphalt, prior to opening such work area up to traffic. The contractor shall not leave any uneven grades or drop offs upon the conclusion of each day work period.

Pavement patching operations shall generally be limited to 500 feet in length. VDOT will make this determination at each location.

H. DISPOSAL:

The Contractor is responsible to dispose of all refuse, rubbish, scrap materials and debris caused by their 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. No VDOT dumpsters are to be used for debris disposal. In the event that the Contractor should discover any suspicious activity or suspected hazardous or foreign material within the VDOT Right of Way 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 respective VDOT office.

I. MANNER OF CONDUCTING WORK AT THE JOB SITE:

1. SATISFACTION: All work shall be performed according to VDOT specifications and completed to the satisfaction of the VDOT Contract Administrator.

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

3. CONTRACTOR’S CONDUCT: The Contractor shall be responsible for the conduct of all personnel while at the work site.

4. CONTRACTOR’S PERSONNEL: The Contractor’s personnel shall at all time serve the traveling public, landowners and citizens throughout the Lynchburg District 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.

5. BEHAVIOR: Behaviors displayed by contractor’s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents may be grounds for termination of the purchase order at the discretion of VDOT.

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

J. HOURS OF WORK:

STARTING TIMES AND SCHEDULES: Whenever possible work will be performed during daylight hours. Normal workdays and hours will be 8 to 10 hours a day Monday through Friday unless otherwise authorized by the VDOT

Contract Administrator or her/his designee. On occasion, the Contractor may be required to work at night in high traffic areas. VDOT will determine the hours of work during nighttime operations. Starting times and schedules may vary and will be at the discretion of the VDOT Contract Administrator or designee. All work performed will be compensated at the appropriate line item price.

STATE HOLIDAYS: Normally, the Contractor will not be permitted to work on State Holidays observed by VDOT without the written permission of the Contract Administrator.

K. METHOD OF ORDERING WORK:

WORK NOTIFICATION PROCEDURE: A Purchase Order will be created with an estimated number of hours for each contract line for billing purposes only and are no guarantee of work. The Contract Administrator or designee will issue a Work Order, which will serve as the official notification to the Contractor to begin working on a specific job or project via fax, email, or onsite meeting. Contractor shall respond within two (2) business days to indicate final acceptance of assigned work and scheduled begin date. Upon final mutually agreed upon schedule, VDOT will forward the approved work order (s) to the contractor. In case of Critical Work Assignments, verbal notification shall be sufficient for the Contractor to begin work, and the written confirmation (Work Order) will follow within forty-eight (48) hours.

L. SAFETY REQUIREMENTS:

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

2. The Contractor shall ensure that all personnel are equipped with all necessary safety supplies and equipment, which shall include, but are not limited to: safety hats, vests, steel toe shoes, etc. The Contractor shall ensure that all employees wear the proper safety equipment while on the work site to meet OSHA/VOSHA standards.

3. The Contractor shall ensure that all personnel comply with all OSHA and VOSHA Standards as they apply to the work being done. Operators shall obey all safety rules and regulations and not create any hazardous conditions with the equipment use. The operator of each piece of equipment shall posses a valid Commercial Driver’s License when required by the equipment being operated.

M. TRAFFIC CONTROL:

1. Traffic Control Signs and Stands: The Contractor shall supply, erect and dismantle traffic control signs and stands in accordance with the Virginia Work Area Protection Manual dated 2015, or latest edition. The Contractor shall be responsible for proper display and removal of signs and stands. The Contractor shall be responsible for proper erection and placement of all traffic control devices, as defined by VDOT policy

2. Truck-Mounted Attenuators: The crash cushion shall be crashworthy, conforming to the requirements of the National

Cooperative Highway Research Program Report (NCHRO) 350, Test level 3and shall be in compliance with the latest edition of the Work Area Protection Manual and VDOT’s 2016 Road and Bridge Specification manual, Section 512.

A copy of the certification shall be provided to the VDOT Contract Administrator prior to work beginning.

3. Arrow Boards: Shall be in compliance with the latest edition of the Work Area Protection Manual and VDOT’s 2016

Road and Bridge Specification manual, Section 512.

4. Message Boards: Shall be in compliance with the latest edition of the Work Area Protection Manual and VDOT’s

2016 Road and Bridge Specification manual, Section 512.

5. Flagger/Laborers: All flag persons shall be VDOT or American Traffic Safety Services Associates (ATSSA) certified and shall have certification cards with them while performing these duties. Certified flag persons 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. Flag persons 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. Flag persons found performing their duties improperly shall have their certifications revoked. VDOT will check, on a regular basis, to ensure that flag persons have their certification cards.

Flag persons shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection

Manual.

V. MANDATORY PRE-BID CONFERENCE:

A mandatory, in-person pre-bid conference will be hosted by the Contract Officer at 10:00AM AM EST on March 5, 2025 at

19281 US Highway 29, Chatham, VA 24531. 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, attendance at this pre-bid conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this pre-bid conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance roster. No one will be admitted to join the conference after TIME AM/PM

EST. Have a copy of the solicitation with you; copies will not be provided by the Contract Officer. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

Attendees will be required to sign in at the security desk located at the building’s visitor entrance of the LOCATION and present photo identification issued by a state or federal entity in order to gain access to the building. Examples of acceptable photo identification include, but are not limited to, a current driver’s license or passport. All attendees will be given directions to the specific meeting location. Attendees must also sign out at the security desk before leaving the building.

Please plan your arrival accordingly to accommodate parking limitations and getting through security.

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

1. The equipment/laborers will be paid on an hourly basis for actual time worked, with no standby time allowed unless preauthorized by the VDOT Contract Administrator. The hourly rate will not change for night, weekend work, or any hours worked beyond a regular 40-hour week. Lunch and other breaks shall not be considered as productive time and are not billable hours to VDOT.

2. Equipment and labor hours shall be measured and paid to the nearest one-tenth hour.

3. The Contractor shall be paid for two (2) hours per piece of equipment that reports to work if requested by VDOT, but cannot perform operations due to circumstances beyond their control; ie: inclement weather or emergency operations.

4. At the conclusion of the work day the VDOT Contract Administrator or designee will verbally discuss and confirm the work is in compliance with the contract and VDOT specifications. Contractor shall have the VDOT Contract Administrator or designee sign off on the daily timesheet. Any deficiencies shall be promptly corrected by the Contractor at the Contractor’s sole expense prior to final acceptance of the work.

VII. INVOICING:

Invoices may be submitted, monthly to below address. 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. 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. Work completed will be verified in writing daily by a VDOT Representative and Contractor foreman on an agreeable format.

Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Virginia Department of Transportation Halifax Residency

Attn: Stephanie Snead

5211 Halifax Road

Halifax, VA 24558 mailto:edi@doa.virginia.gov

In lieu of mailing, invoices may be submitted as an attachment via email to Stephanie.A.Snead@/VDOT.Virginia.gov and carbon copy (CC) Victoria.Daniel@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 March 17, 2025.

Join the meeting now

Meeting ID: 275 208 220 978

Passcode: Xu7b8rQ3

Dial in by phone

+1 434-230-0065,,778026743# United States, South Hill

Find a local number

Phone conference ID: 778 026 743#

Join on a video conferencing device

Tenant key: commonwealthofvirginia@m.webex.com

Video ID: 118 281 985 0 mailto:Stephanie.A.Snead@/VDOT.Virginia.gov mailto:Victoria.Daniel@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_NTRmYzc0NjAtMzUzYi00OGM4LWE0NzUtNTlhNWRjODg2OThh%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,,778026743 https://dialin.teams.microsoft.com/69fbdf03-a314-4206-b210-d4d007632545?id=778026743

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 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, § 2.2-4343.1(E)).

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance

(subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan.

Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL

ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND

CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and

Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the

Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the

Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing

Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

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

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth 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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R. OMITTED:

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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 (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…