QQ-127812 Phragmites Control - Manned Aerial Herbicide Application 2026-09_Bound.pdf

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Commonwealth of Virginia

Department of Conservation and Recreation (DCR)

600 East Main Street, Floor 24, Richmond, VA 23219

SMALL BUSINESS PRIORITY SET-ASIDE

Title:

Issue Date:

Commodity Code(s):

Bids Due:

QQ-127812, DCR Invasive Phragmites Control - Manned Aerial

Herbicide Application - September 2026

September 4, 2026

98872 – Pest Control (Other Than Buildings) (Includes Spraying of Trees and Shrubs)

90514 – Airplane/Helicopter Services (Not Otherwise Classified)

90541 – Dusting and Seeding Services, Crop (Aerial)

7:00 PM (1900) EST Friday, September 11, 2026

Location(s) where work will be performed: Northwest River Natural Area Preserve

False Cape State Park See Attachment E—Maps for additional site definition

Optional Pre-Bid Site Visits: Bidders are encouraged to fly over the project areas prior to submitting their bid if not already familiar with the terrain.

All inquiries for information should be directed to: Timothy Hatton, DCR Procurement Officer, timothy.hatton@dcr.virginia.gov. Questions must be received by email on or before 12:00 noon

Thursday, September 10, 2026. All questions must be in writing and will be answered in writing by email or addendum to this solicitation.

ATTENTION! Only electronic bid submissions will be accepted for this solicitation. Bids submitted via fax or physical mail will not be accepted. Be advised the eVA system will undergo scheduled downtime beginning 7:00 PM (1900) EST Thursday, September 10, 2026, concluding at 7:00 AM

(0700) EST Monday, September 14, 2026. During this time, bidders will not be able to submit bids through eVA. Those bidders wishing to submit bids within this window of time are instructed to email your bid directly to Timothy Hatton, DCR Contract Officer, timothy.hatton@dcr.virginia.gov. All bids received must be date stamped on or before the stated deadline for bids, 7:00 PM (1900) EST

Friday, September 11, 2026. No late bids will be accepted.

PURPOSE: The Department of Conservation and Recreation (Agency) seeks a qualified contractor to provide a fixed per-acre price for the aerial application of herbicide to control Phragmites australis

(common reed) within designated areas on Natural Area Preserves and State Parks owned or managed by the Commonwealth of Virginia.

I. SCOPE OF WORK:

The contractor shall provide herbicide, water (carrier), materials, equipment, insurance, labor and supervision to be used in the aerial application of herbicide plus surfactant to control Phragmites australis (common reed), hereafter referred to as Phragmites. Given the small size and irregular https://www.dcr.virginia.gov/natural-heritage/natural-area-preserves/northwest https://www.dcr.virginia.gov/state-parks/false-cape mailto:timothy.hatton@dcr.virginia.gov

QQ-127812 Page 2 of 4 shape of some of the patches of Phragmites, a light utility helicopter with responsive handling and quick maneuverability is recommended.

Contractor performance of the following scope of work shall be closely coordinated with DCR’s appointed Project Manager (contract administrator) in charge, or their designee. The Agency’s

Project Manager (contract administrator), or their designee, shall be on-site during all spray activity.

Project Manager: Shannon Alexander, Coastal Region Steward/Regional Supervisor, Shannon.alexander@dcr.virginia.gov; 757-710-3428

A. Fuel, flight path filing, and all compliance with FAA/ADIZ regulations shall be the sole responsibility of the Contractor. Pilot(s) must possess a valid Virginia Category II Commercial

Pesticide Applicator License. All flights shall comply with federal, state and local laws. All appropriate certifications and licensing required by the Environmental Protection Agency

(EPA) and Virginia Department of Agriculture and Consumer Services (VDACS) pertaining to the use and application of herbicides shall be the responsibility of the contractor. Relevant certifications, licenses, and permits shall be valid and available for inspection upon request for the entire period of performance.

B. Contractor shall apply Imazapyr-based herbicide, Nufarm Polaris® EPA Reg. No. 288-534 (or

Agency-approved aquatic herbicide equivalent) at a rate of two (2) quarts per acre, using clean water as the carrier for all treatment sites.

C. Methylated seed oil will be used as a surfactant and shall be mixed in the formulation at a rate of twenty-four (24) ounces per acre treated.

D. A total of between 160 and 260 acres (total project area) of Phragmites shall be treated at two

(2) designated treatment areas in Eastern Virginia. See Attachment D—Pricing Sheet and

Attachment E—Maps for additional location information.

E. Aircraft shall be equipped with the following:

a. Drift-minimizing Microfoil® or Thru-Valve® boom with minimum width of twenty-five (25) feet, or similar Agency-approved equipment appropriate to the aircraft.

b. Herbicide tank with minimum 80-gallon capacity.

c. Real-time GPS system to track treated areas.

F. Ground support vehicles shall have a minimum 500 gallon water capacity and minimum 80 gallon batch tank capacity.

G. Contractor shall utilize an anemometer for wind speed measurements.

H. The Contractor shall provide GIS data (ESRI shapefiles in unprotected NAD83 format) for all treated areas no later than four (4) weeks after project is completed. Payment will not be released to the contractor until the full “spray-on” data set is received in the correct digital format.

mailto:Shannon.alexander@dcr.virginia.gov

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I. Work shall be scheduled within five (5) business days of award of purchase order approval. All deviations from the agreed-upon project schedule, for any reason including weather conditions, must be coordinated in advance with DCR’s Project Manager.

II. PROJECT DEADLINE – PERIOD OF PERFORMANCE:

Project Deadline: October 9, 2026.

Extensions beyond October 9 shall require the Agency Project Manager’s advance approval based upon evaluation of site & weather conditions. This project is highly weather-dependent, and dependent upon the receptive condition of the target plant’s foliage.

No spraying shall be conducted until the Agency Project Manager, or their designee, is present on-site and gives approval for treatment to begin. The Commonwealth retains the right to determine whether spraying is appropriate at any time based on weather conditions (including wind) and other relevant factors. If treatment begins without prior approval from the Project Manager, or their designee, the Commonwealth will estimate the affected acreage and deduct that amount from the Contractor’s payment.

III. PROJECT SITE AND CONTRACTOR REQUIREMENTS:

A. It is the bidder’s responsibility to verify all information and measurements, and to obtain any clarifications prior to submitting their bid response. The Department of Conservation and

Recreation (DCR) is not liable for any errors or misinterpretations made by any bidder in response to this solicitation. Change orders will not be approved to increase project budget resulting from bidder measurement errors. See “Optional Pre-Bid Site Visits” on page 1 for information about site access prior to bid submission.

B. Contractor shall conduct any onsite maintenance of equipment in a manner to prevent and control leakage of fluids on ground surfaces.

C. Contractor shall report any spills, leaks, or overspray to the Agency Project Manager immediately.

D. The Contractor shall be responsible for removal and legal disposal of all supplies and equipment as a result of this contract.

E. The awarded contractor is expected to provide all labor, materials, equipment, and supervision required to deliver project completion.

F. The Contractor shall restrict work hours to Monday – Friday, 9AM to 5PM, unless advance approval is granted by the Agency Project Manager.

G. The awarded contractor shall be experienced in the aerial application of herbicide and shall have adequate labor and equipment to deliver the scope of this project on or before the stated due date (§II. Project Deadline). The Agency, in its sole discretion, will determine bidder responsibility. The Agency may request additional vendor information and references during bid evaluation to determine bidder responsibility.

H. Contractor to control all related vehicular access and parking within the project area in conjunction with the Agency Project Manager.

I. The contractor shall ensure that the equipment and the use of the equipment meets all federal, state and local safety guidelines. All supplied equipment, tools and personal safety equipment shall meet or exceed the safety standards specified for such items by the

American National Standards Institute Manual as applicable.

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J. No portion of this work shall be assigned to subcontractors without first securing written consent of the Agency Project Manager.

K. No alterations to the contract agreement that affect pricing shall be made without prior written approval from the Agency Procurement Office.

IV. BID SUBMISSION:

Only electronic bid submissions will be accepted for this solicitation. Bids submitted via fax or physical mail WILL NOT be accepted.

Be advised the eVA system will undergo scheduled downtime beginning 7:00 PM (1900) EST

Thursday, September 10, 2026, concluding at 7:00 AM (0700) EST Monday, September 14, 2026.

During this time, bidders will not be able to submit bids through eVA. Those bidders wishing to submit bids within this window of time are instructed to email your bid directly to Timothy

Hatton, DCR Contract Officer, timothy.hatton@dcr.virginia.gov. All bids received must be date stamped on or before the stated deadline for bids, 5:00 PM (1700) EST Friday, September 11, 2026. No late bids will be accepted.

If a bidder needs assistance submitting an electronic response through eVA outside of system downtime noted above, the Bidder should contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

Instructions on “How to Respond to A Quick Quote “ can be found at https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-to-qq.pdf

Note: The following information is required as part of your response to this solicitation. Failure to provide complete information may result in finding your bid nonresponsive.

• Bidders must provide all pricing in eVA and/or on Attachment D—Pricing Sheet.

• Bidders must include Attachment C—Vendor Data Sheet with their bid submission.

• Bidders must include copies of all applicable license(s)/certification(s).

• Bidders must submit specifications/cutsheets, if required.

• Bidders must include all signed addendums to this solicitation, if any are issued.

V. ATTACHMENTS:

A. GENERAL TERMS AND CONDITIONS: See additional attachment A entitled “General

Terms and Conditions”.

B. SPECIAL TERMS AND CONDITIONS: See additional attachment B entitled "Special

Terms and Conditions.

C. VENDOR DATA SHEET: Must be included with bid documents.

D. PRICING SHEET: Must be included with bid documents.

E. MAPS: Definition of the Project Area. See three (3) separate image files attached.

1. NWRNAP2026TreatmentArea.jpg

2. FC2026TreatmentArea.jpg

3. FC_BluePhragExtent.png mailto:eVACustomerCare@dgs.virginia.gov https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/how-to-respond-to-qq.pdf

QQ-127812

ATTACHMENT A: 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, 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.

https://eva.virginia.gov/index.html

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. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND

RFPs (Insert wording below appropriate to the solicitation type as indicated):

1. (For Invitation For Bids): 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.

2. (For Request For Proposals): Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the

General Terms and Conditions of the solicitation may be cause for rejection of the proposal;

however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) 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/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the

(bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) 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/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such

(bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) 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. 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

* When Used: FOR CONSTRUCTION, SERVICE CONTRACTS AND GOODS CONTRACTS

WHEN INSTALLATION IS REQUIRED - Required in all solicitations where a contractor will perform work or services in or on state facilities. The limits are minimums and may be increased.

The Department of Treasury, Division of Risk Management (804-786-3152) should be contacted when other types of coverage may be required or when in doubt as to the need for other limits.

When soliciting one of the Professions/Services listed above include the Professional

Liability/Errors and Omissions coverage and limits as shown. When not soliciting one of these

Professions/Services, omit the required coverages section from the General Terms and

Conditions boilerplate.

https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

R. 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.

S. 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.

T. 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.

U. 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.

V. 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.

W. 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.

X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

Y. 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.

Z. 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.

https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf

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.

ATTACHMENT B: SPECIAL TERMS & CONDITIONS

A. 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.

B. AWARD: The Commonwealth will make award on a per-acre basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the total bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable.

Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a

DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency’s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards.

The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. 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.

D. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in one (1) purchase order with the applicable eVA transaction fee assessed for each order.

E. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for thirty (30) days.

At the end of thirty (30) 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.

F. BID PRICES: Bid shall be in the form of a firm unit price per-acre for delivery of the full project scope of work.

G. CERTIFICATION OF PRODUCTS: By my signature on the solicitation or electronic bid, I hereby certify and warrant that all products offered for delivery meet or exceed the requirements of Virginia Department of

Agriculture regulations and guidelines. All products awarded and delivered against this solicitation shall be subject to inspection at destination for specification compliance.

H. CLAIMS: The Contractor shall be responsible for the resolution of any and all damage claims presented to

Department of Conservation and Recreation as a result of operations provided herein. Within 30 days of

Department of Conservation and Recreation’s notification to the Contractor of a claim, Contractor shall respond in writing to the claimant and copy Department of Conservation and Recreation. Failure to properly respond to and resolve claims in a timely manner constitutes unsatisfactory performance and may result in cancellation of the contract and/or removal from the bidders list.

I. 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 ________________

J. CONTRACTOR REGISTRATION: Contractor must be currently registered with the federal government’s System for Award Management (SAM). Contractor shall maintain this registration throughout the term of this contract.

K. DELIVERY AND STORAGE: It shall be the responsibility of the contractor to make all arrangements for delivery, unloading, receiving and storing materials in the period of performance of contract. The owner will not assume any responsibility for receiving these shipments.

L. EMPLOYEE IDENTIFICATION: Employees of the contractor or subcontractor must be identifiable at all times. Identification tags or company uniforms maybe used to satisfy this requirement.

M. EXECUTION OF SERVICES: During the execution of services, the Department of Conservation and

Recreation Representative will have the authority to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out orders; for such periods, as may deemed necessary due to unsuitable weather; for conditions considered unsuitable for the execution of services for any other condition or reason deemed to be in the public interest.

N. EXTRA CHARGES NOT ALLOWED: The bid price shall be for full project completion and shall include all applicable freight and incidental charges; extra charges will not be allowed.

O. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized owners representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance of the work.

P. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

Q. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are “Hazardous Substances” as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in § 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.

R. MINORS ON WORK SITE: No minors, under the age of eighteen, will be allowed on the Department of

Conservation and Recreation work site(s) where this contract will be performed, except those employed by the Contractor as allowed by the Child Labor Laws of the United States government and the Child Labor

Laws of the Commonwealth of Virginia.

S. SAFETY…