Mines Road Portal Project Quick Quote 9.15.26.docx
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- Attached to
- Mines Road Portal Project
- Solicitation number
- QQ-128420
- Issued by
- Prince William County, Virginia
About this file
This is a Quick Quote solicitation issued by the Virginia Department of Energy for the Mines Road Portal Project, located at 6196 Mines Road in Pulaski County, Virginia. The project involves reclamation and construction work, specifically general clearing of clogged streams and revegetation at the site. The work encompasses furnishing all labor, supervision, materials, equipment, tools, transportation, permits where applicable, and incidentals necessary to complete the project in accordance with contract documents, specifications, plans, and all applicable federal, state, and local laws and regulations. Construction work shall be completed within 16 calendar days after receipt of the Notice to Proceed. Bids were due on Friday, September 18, 2026, at 2:00 p.m. Eastern Time, and were to be submitted electronically via eVA.virginia.gov. All inquiries should be directed to Jennifer Dillemuth at (804) 486-2753 or jennifer.dillemuth@energy.virginia.gov. The contract shall remain in effect until all work has been satisfactorily completed, accepted by the agency, all required deliverables have been submitted and approved, and final payment has been made.
Payment shall be made upon completion of work satisfactorily performed and accepted by the agency, with invoices to include contract and purchase order numbers, invoice details, work description, location, dates performed, and supporting documentation such as certified payrolls and inspection reports. The Commonwealth reserves the right to withhold payment for defective, incomplete, or nonconforming work until corrected to its satisfaction. This solicitation requires submission of multiple forms at bid opening, including a bid bond of 5 percent of the bid amount for bids over $100,000, workers' compensation certificate of coverage, performance and payment bonds, and a small business subcontracting plan. Contractors must maintain minimum insurance coverages including statutory workers' compensation, employer's liability of $100,000, commercial general liability of $1,000,000 per occurrence and $2,000,000 aggregate, and automobile liability of $1,000,000 combined single limit if applicable. Liquidated damages are assessed at $2,946.27 per day for each calendar day of delay beyond the 16-day completion timeline. The contract is subject to Davis-Bacon wage requirements and compliance with Virginia contractor licensing requirements based on the contract value. The eVA vendor transaction fee is 1 percent of the order, capped at $1,500 for non-DSBSD-certified small businesses and $500 for DSBSD-certified small businesses.
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Quick Quote
Mines Road Portal Project
QQ:27AML01-2
Prepared By:
Virginia Department of Energy 1100 Bank Street Richmond, Virginia 23219 Quick Quote
Issue Date: September 15, 2026
Title: Mines Road Portal Project
Quick Quote: 27AML01-2
Commodity Code(s): 96273
| Issuing Agency: | Virginia Department of Energy | |
| 1100 Bank Street | ||
| Richmond, Virginia 23219 |
Project Location: This project is located at 6196 Mines Road Pulaski County, Virginia 24301
Period of Contract: The Contract shall become effective upon the date of award by the Commonwealth ("Effective Date") and shall remain in effect until all work required under the Contract has been satisfactorily completed, accepted by the Agency, all required deliverables have been submitted and approved, and final payment has been made, unless terminated earlier in accordance with the terms and conditions of the Contract.
Bids will be received until 2:00 p.m. (Eastern Time) on Friday, September 18, 2026, for the furnishing of the goods and/or services described in this Quick Quote (QQ). Bids received after the designated date and time will not be considered.
ALL bids MUST be submitted electronically on eVA.virginia.gov.
All inquiries for information should be directed to: Jennifer Dillemuth (804) 486-2753 or by email at jennifer.dillemuth@energy.virginia.gov.
All information provided in this proposal is subject to the Freedom of Information Act (FOIA). If any part of your proposal contains confidential or proprietary information, please submit a redacted copy along with your proposal to ensure compliance with FOIA requirements.
If disposing of items on site is required, method of disposal and proof of disposal MUST be used for supporting documentation.
If any funds are received from disposal of items from project, contractor MUST submit documentation of funds received. This is considered to be programmatic income that is required to be reported to the Federal Agency.
In compliance with the Quick Quote (QQ) and all conditions imposed by this QQ, the undersigned firm hereby offers and agrees to furnish the services required by this QQ at the prices indicated in the bid schedule, and the undersigned firm hereby certifies that all information provided below, and any schedule attached hereto is true, and complete.
Virginia Contractor License Number: __________________________ Class: __________ Specialty Code: ____________________ DBSD-Certified Small Business Number: _______________________
Name and Address of Firm:
| _______________________________________ | Date: ________________________ |
| _______________________________________ | By: __________________________ |
| __________________ Zip Code: ____________ | Name: _______________________ (Ink) |
| eVA Vendor ID#: _________________________ | Name: _______________________ (Print) |
| Fax Number: ____________________________ | Title: ________________________ |
| Email Address: __________________________ | Phone: _______________________ |
| Federal ID No: _________________________ | UEI No: ______________________ |
*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 or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other bases prohibited by state law relating to discrimination of 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, and exception should be made in that invitation to bid or request for proposal.
TABLE OF CONTENTS
QUICK QUOTE COVER SHEET (*)
1. PURPOSE
2. METHOD OF PAYMENT
3. POST AWARD DOCUMENTATION
4. BID RECEIPT, OPENING, MODIFICATION, & WITHDRAWL
5. GENERAL TERMS AND CONDITIONS
6. SPECIAL TERMS AND CONDITIONS
7. VIRGINIA ENERGY TERMS AND CONDITIONS
8. FORMS
· QUICK QUOTE COVER SHEET (*)
· BID SCHEDULE FOR PROJECT (*)
· APPLICANT VIOLATOR SYSTEM (AVS) CHECKLIST (*)
· EQUIPMENT LIST (*)
· SUBCONTRACTOR LIST (*)
· BID BOND (REQUIRED FOR BIDS OVER $100,000) (*)
· WORKERS COMPENSATION CERTIFICATE OF COVERAGE (*)
· LOWER TIER COVERED TRANSACTION (*)
· STATE CORPORATION COMMISSION (*)
· VENDOR DATA SHEET (*)
· SMALL BUSINESS SUBCONTRACTING PLAN (*)
· LIQUIDATED DAMAGES, FURNISH & INSTALL (*)
· STANDARD PERFORMANCE BOND
· STANDARD LABOR AND MATERIAL PAYMENT BOND
· AFFIDAVIT OF PAYMENT OF CLAIMS
9. ATTACHMENTS:
· DAVIS BACON WAGE REQUIREMENTS
· TECHNICAL SPECIFICATIONS, DRAWINGS, PLANS, BID SCHEDULE
All forms identified with an asterisk (*) above must be completed and submitted with the bid at the time of bid opening. Failure to submit any required form may result in the bid being determined nonresponsive and rejected in accordance with the terms of this Quick Quote (QQ) and applicable Virginia procurement requirements.
1. PURPOSE
The Virginia Department of Energy (Virginia Energy), Abandoned Mine Land Repurposing Program, invites qualified contractors to submit bids to furnish all labor, materials, equipment, supervision, and incidentals necessary to complete the reclamation and construction work for the Mines Road Portal Project located in Pulaski, Virginia, in accordance with the specifications and requirements of this Quick Quote (QQ).
The Work to be performed under this Contract consists of furnishing all labor, supervision, materials, equipment, tools, transportation, permits (where applicable), and incidentals necessary to perform general clearing of clogged streams and revegetation, where required, at the Legion Hall Road Drainage Paving Project located at 6196 Mines Road Pulaski County, Virginia, in accordance with the Contract Documents, specifications, plans, and all applicable federal, state, and local laws, regulations, and permit requirements. All Work shall be performed to the satisfaction of the Commonwealth.
Construction work time will be 16 calendar days after receipt of Notice to Procced.
See Scope of Work under Section 3 of the General Specifications.
2. METHOD OF PAYMENT
Payment shall be made for Work satisfactorily performed in accordance with the Contract Documents and accepted by the Agency.
The Contractor shall submit a detailed, accurate, and itemized invoice upon completion of the Work, or as otherwise approved by the Agency. Each invoice shall include, at a minimum:
· Contract number and purchase order number, if applicable;
· Invoice number and invoice date;
· Description of the Work performed;
· Location where the Work was performed;
· Dates during which the Work was performed;
· Amount billed;
· Any supporting documentation required by the Contract, including certified payrolls, lien waivers, material receipts, inspection reports, or other documentation, if applicable.
Payment shall be made only after the Agency has verified that the Work has been completed in accordance with the Contract Documents and has been satisfactorily inspected and accepted.
Payments shall be made in accordance with the Virginia Prompt Payment Act (§ 2.2-4350 et seq. of the Code of Virginia) following receipt of a proper invoice and verification that all contractual requirements have been satisfied.
The Agency reserves the right to withhold all or part of any payment for Work that is defective, incomplete, nonconforming, disputed, or otherwise fails to comply with the requirements of the Contract until such deficiencies have been corrected to the satisfaction of the Agency.
Acceptance of an invoice for payment shall not constitute acceptance of defective Work or relieve the Contractor of any responsibility or liability under the Contract.
The Contractor shall promptly pay all subcontractors and suppliers in accordance with the Virginia Prompt Payment Act and shall comply with all applicable statutory payment requirements.
Final payment shall not be made until:
· All Work has been completed and accepted by the Agency;
· All required closeout documents have been submitted and approved;
· Any required warranties, operating manuals, certifications, releases, or lien waivers have been received, if applicable; and
· The Contractor has fulfilled all obligations under the Contract.
3. POST AWARD DOCUMENTAITON REQUIRED
The apparent lowest responsive and responsible Bidder, as determined in accordance with this Quick Quote and applicable law, shall submit all required post-award documentation within ten (10) calendar days after receipt of the Agency's Notice of Award, unless otherwise specified by the Agency.
Required documentation may include, but is not limited to, the following:
· Executed contract documents;
· Certificates of insurance meeting the requirements of the Contract;
· Payment and performance bonds, when required;
· Required licenses, permits, or certifications;
· Any additional forms, certifications, or documentation required by this Quick Quote or requested by the Agency prior to contract execution.
Failure to submit all required documentation within the specified time may be grounds for the Agency to withdraw the Notice of Award, declare the Bidder nonresponsive to the post-award requirements, and award the Contract to the next lowest responsive and responsible Bidder, or to take any other action permitted by the Virginia Public Procurement Act and the terms of this Quick Quote.
4. BID RECEIPT, OPENING, MODIFICATION, AND WITHDRAWL
Bids shall be received until Friday, September 18, 2026, at 2:00 p.m. Eastern Time, at which time bids will be opened and recorded in accordance with applicable provisions of the Virginia Public Procurement Act (VPPA), the Agency Procurement and Surplus Property Manual (APSPM), and the solicitation documents.
Bids received after the specified closing date and time shall not be considered. In accordance with the VPPA and APSPM, late bids shall be rejected and returned to the bidder unopened, when practicable, without exception.
No modification, revision, addition, deletion, or other change to a submitted bid will be accepted after the established bid closing date and time. This includes, but is not limited to, changes to bid prices, unit prices, quantities, schedules, terms, conditions, or any other information contained within the submitted bid.
Requests for withdrawal of bids shall be submitted and processed in accordance with the applicable provisions of the VPPA, APSPM, and the solicitation documents. A bidder requesting withdrawal of its bid due to an alleged error shall provide the documentation and justification required by applicable law and procurement regulations within the timeframe specified by the Agency.
The Agency reserves the right to determine the responsiveness and acceptability of all bids in accordance with the requirements of the solicitation, applicable procurement laws, and regulations.
5. 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/proposals), (bidders/offerors) 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, veteran status, status as military family, 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/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), 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. | OMITTED |
| 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 physical facilities prior to award to satisfy questions regarding the bidder capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. | |
| M. | TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. | |
| N. | ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth. |
| O. | CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: |
| 1. | The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. |
| 2. | The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: |
| a. | By mutual agreement between the parties in writing; or |
| b. | By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or |
| c. | By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally. |
| P. | DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth may terminate this agreement after verbal or written notice without penalty. Upon termination the Commonwealth may procure the goods or services contracted for from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have. |
| Q. | OMITTED |
| R. | OMITTED |
| S. | OMITTED |
| T. | INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror 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 or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages 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.)
| Profession/Service | Limits | |||||||
| Accounting | $1,000,000 per occurrence, $3,000,000 aggregate Architecture | $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors | $1,000,000 per occurrence, $3,000,000 aggregate | |||||
| Health Care Practitioner (to include Dentists, Licensed Dental | ||||||||
| Hygienists, Optometrists, Registered or Licensed | ||||||||
| Practical Nurses, Pharmacists, Physicians, Podiatrists, | ||||||||
| Chiropractors, Physical Therapists, Physical | ||||||||
| Therapist Assistants, Clinical Psychologists, | ||||||||
| Clinical Social Workers, Professional Counselors, | ||||||||
| Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ | ||||||||
| Insurance/Risk Management | $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture | $1,000,000 per occurrence, $1,000,000 aggregate Legal | $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer | $2,000,000 per occurrence, $6,000,000 aggregate Surveying | $1,000,000 per occurrence, $1,000,000 aggregate |
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 provisions will be binding upon each subcontractor or vendor.
| For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. | |
| W. | NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. |
| X. | eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: |
| The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected. |
| Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows: | |
| a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is: |
(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.
For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eva.virginia.gov.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.
| Y. | AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement. |
| Z. | SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals. |
| AA. | BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars. |
| BB. | AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. |
| CC. | CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability. |
The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.
For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.
The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.
This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.
DD. CONTRACT EXTENSIONS: In the event that the original term and all renewals of this contract expire prior To the award for a new contract for similar goods and/or services, the Commonwealth of Virginia may, with written consent of the Contractor, extend this contract for such a period as may be necessary to afford the Commonwealth of Virginia a continuous supply of the identified goods and/or services.
| EE. | FORCED OR INDENTURED CHILD LABOR: Applicable in all solicitations and contracts over $10,000: |
| During the performance of this contract the use of forced or indentured child labor is prohibited. Any Prime Contractor shall include such prohibition in every subcontract that exceeds $10,000 and shall be binding upon each subcontractor or vendor. |
For the purposes of this section, “forced or indentured child labor” means all work or service exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
6. SPECIAL TERMS AND CONDITIONS
1.AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.
2.AWARD: Award will be made to the lowest responsive and responsible bidder based upon the total evaluated bid calculated using the estimated quantities and the unit prices submitted by the bidder on the Bid Schedule.
The estimated quantities identified in the Bid Schedule are provided solely for the purpose of evaluating bids and establishing the basis for award. Estimated quantities are not guaranteed and do not constitute a commitment by the Agency to authorize or pay for the estimated quantities.
The resulting contract shall be a unit-price contract. Except as otherwise expressly provided in the solicitation or contract, the Contractor shall be paid based upon the actual, authorized, measured, verified, and accepted quantities of work performed, multiplied by the corresponding unit prices established in the Contractor's accepted bid. The Agency shall not be obligated to pay for quantities of work that are not actually performed, authorized, measured, verified, and accepted.
The Agency reserves the right to increase or decrease actual quantities from the estimated quantities shown in the Bid Schedule based upon actual project requirements and field conditions, subject to the terms and conditions of the contract, availability of funds, and applicable procurement requirements. A variation between estimated and actual quantities shall not, by itself, entitle the Contractor to an adjustment in the applicable unit price unless otherwise provided in the contract.
MOBILIZATION AND DEMOBILIZATION
Where mobilization and demobilization are included as separate bid items, the amount bid for such items shall be subject to the maximum percentages established in the solicitation. Unless otherwise specified, the maximum combined amount for mobilization and demobilization shall not exceed ten percent (10%) of the applicable base bid, with mobilization limited to five percent (5%) and demobilization limited to five percent (5%).
The amounts established for mobilization and demobilization shall represent the maximum amounts that may be paid for those activities and shall not, by themselves, establish an unconditional entitlement to payment of the maximum amount.
Payment for mobilization and demobilization shall be contingent upon the Contractor providing documentation reasonably sufficient to substantiate that the claimed costs or activities were actually incurred or performed, are related to the project, are allowable under the contract and applicable funding requirements, and are otherwise acceptable to the Agency.
The Agency may withhold, reduce, or disallow payment for any portion of mobilization or demobilization that is not adequately supported by required documentation or that does not represent an allowable, project-related cost or activity. The Contractor shall not be entitled to payment of the maximum bid amount solely because the maximum amount was included in its accepted bid.
DOCUMENTATION AND PAYMENT
As a condition of payment, the Contractor shall submit invoices and supporting documentation in accordance with the requirements of the solicitation, contract, and applicable state and federal requirements. Documentation shall be sufficient to demonstrate the work performed, quantities claimed, costs incurred where applicable, and other information necessary for the Agency to determine that the amount invoiced is properly payable.
For unit-price work, payment documentation shall identify, at a minimum, the applicable bid item, unit of measure, awarded unit price, quantity performed and accepted, and resulting amount due.
For mobilization and demobilization, the Contractor shall provide supporting documentation as required by the Agency to substantiate the amount invoiced. The Agency shall review the documentation and determine the amount properly payable prior to authorizing payment.
Nothing in the Bid Schedule or the Contractor's accepted bid shall be construed as requiring the Agency to pay for work, quantities, costs, or activities that have not been performed, incurred where applicable, authorized, accepted, or adequately documented in accordance with the contract and applicable requirements.
The Contractor acknowledges that the total evaluated bid is used to establish the basis for award and does not necessarily represent the final amount payable under the contract. The final amount payable shall be based upon the actual work authorized and accepted, applicable awarded unit prices, and compliance with the contract's payment and documentation requirements.
QUANTITY VARIATIONS
The parties acknowledge that the estimated quantities included in the Bid Schedule are based upon information available at the time of solicitation and may vary based upon actual field conditions. Variations in quantities of individual bid items shall not, by themselves, constitute a change in the unit price. The Contractor shall be responsible for performing the work at the awarded unit prices for the actual quantities authorized and accepted by the Agency, subject to the terms and limitations of the contract.
Where a proposed change in quantity, addition of a new bid item, deletion of work, or other change exceeds the authority provided under the contract or applicable procurement requirements, the Agency shall obtain the required review and approval before authorizing the Contractor to proceed.
| 3. | CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, part or in whole, without penalty, upon 60 days’ written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. |
| 4. | eVA ORDERS AND CONTRACTS: The solicitation/contract will result in (1) purchase order(s) with the applicable eVA transaction fee assessed for each order. |
| Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog and/or Punch-Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov. | |
| 5. | BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (30) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. |
| 6. | BID BOND OR GUARANTEE: Each bid shall be accompanied by a bid bond or guarantee of five percent (5%) of the amount of the bid, which shall be a certified check, cash escrow or a bid bond payable to the Treasurer of the Commonwealth of Virginia. The sureties of all bonds shall be of such surety company or companies as are approved by the State and are authorized to transact business in the Commonwealth of Virginia. Such bid bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw such bid during the period of 10 days following the opening of bids; that if such bid is accepted, the bidder will accept and perform under the terms of the Invitation for Bids and purchase order or contract. The bid guarantee will be returned upon award of contract. |
| 7. | CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked. |
Contractor Name: _________________ License # _________________ Type ________________ Subcontractor Name: _________________________ License # _________________ Type ________________
8. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $750,000 or more, the bidder/offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000…
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