Quick Quote 16479 Traffic Control.pdf

Administrative Services/Procurement

Hampton Roads District

Temporary Traffic Control Service

Quick Quote 16479

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide temporary traffic control services for Hampton Roads District’s inspectors and bridge crews in performing various bridge inspections, maintenance and repair projects throughout the district. VDOT will provide oversight and direction on all work performed under the resulting contract.

PERIOD OF CONTRACT: From May 20, 2023 through August 18, 2023 and is nonrenewable.

This solicitation is set aside in accordance with the Small Business Enhancement Award Priority as a Small Business Set-Aside Award Priority. Small Businesses are those that hold a current small business certification from the Virginia Department of Minority Business Enterprise. Prospective bidders must be certified by DSBSD not later than the solicitation due date. For more information, visit the DSBSD website at http://www.dmbe.virginia.gov. Reference General Term and Condition, paragraph Z and Special Term and Condition, paragraph number 1.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Kevin Deemer at Kevin.Deemer@VDOT.virginia.gov.

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 11:00 AM on May 15, 2023.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This

Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

A. Scope of Work:

The Contractor shall provide all labor, supervision, equipment (arrow boards, crash cushions, CMS, vehicles, etc.), tools, CB radios, cell phones, signs, sign stands, barrels, cones, parts and materials, as necessary to perform

Temporary Traffic Control (TTC) services including lane closures or shoulder closures, used in conjunction with work performed by various VDOT crews or other VDOT contractors. Temporary Traffic Control Services will be as defined and shown in the latest edition of the Virginia Work Area Protection Manual (VWAPM), or as directed by the VDOT Contract Administrator, or designee. Bid prices are based on daily operations for the different types of “lane closures” operations. The Contractor shall coordinate the provided traffic control services on an “as-needed” basis with the VDOT Contract Administrator or designee. Work shall be performed on various Interstate, Limited Access, Primary, and Secondary Routes within each region as ordered by the VDOT Contract

Administrator or designee. VDOT will be responsible for entering lane closures into the Lane Closure Advisory

Management System (LCAMS).

B. Locations of Work:

All of the Hampton Roads District. Which includes the cities of Chesapeake, Emporia, Franklin, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and Williamsburg as well as the counties of

Accomack, Greensville, Isle of Wight, James City, Northampton, Southampton, Surry, Sussex and York.

C. Requirements which the contractor shall comply with:

1. Personnel Requirements:

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

Contractor shall be capable of commencing work within the timeframe required herein. VDOT reserves the right to determine quantity of each type of equipment needed at each location.

b. Experienced, Qualified Operators/Laborers: The Contractor shall provide experienced, properly trained and qualified personnel in providing the services requested herein. See Special Term &

Condition #30 for additional qualifications. All equipment operators shall possess a valid operator license for equipment listed in the pricing schedule.

c. Supervision: The Contractor shall provide supervision of employees at all times, including assignment of a foreman for each assigned crew. The Supervisor shall report to VDOT's Contract

Administrator or designee. The supervisor shall be verified either by the Department in

Intermediate Work Zone Traffic Control or by the American Traffic Safety Services Association

(ATSSA) as a Traffic Control Supervisor with a minimum of three (3) years' experience in work zone operations. The assigned supervisor shall be knowledgeable of all aspects of the operation and have authority, in writing, to commit the contractor. The supervisor shall have a cell phone capable of operating within the assigned area. The supervisor shall be available to meet with

VDOT personnel within one hour of notification; providing essential information or documentation as required by VDOT. Refer to Normal and Emergency Telephone Numbers Form.

d. Contact Person: Each assigned work zone crew shall have a foreman. The crew foreman's name and cellular phone number shall be required prior to commencement of work activities.

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

f. Communication: The Contractor shall have a supervisor and crew foremen on the worksite that communicates in English (both orally and in writing) and comprehends the English language. This individual shall communicate instructions to the others working under this contract or coordinate this communication. VDOT personnel must be able to understand the English used by this person.

Any individual that is used as a flagger shall comprehend and speak only in English while performing this job duty as required by the Virginia Work Area Protection Manual.

g. Contractor's Conduct: The Contractor shall be responsible for the conduct of all Contractor's and

Subcontractor's personnel while at the work site.

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

i. Behavior: Behavior displayed by the Contractor's and Subcontractor's employees, such as catcalling, whistling, leering, rude or obscene gestures or aggressive behavior such as cursing or verbal abuse which would be considered "work place violence", or any other disrespectful conduct shall not be tolerated and will result in removal from VDOT premises. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents shall be grounds for termination of the contract at the discretion of VDOT.

j. Appearance: Any person working under this contract shall be neat in appearance at all times.

Proper dress shall include long pants (slacks), and shirts or blouses with sleeves (short or long).

Clothing should be appropriate for weather conditions.

k. Flagger/Laborers: All flag persons shall be VDOT or American Traffic Safety Services Associates

(ATSSA) certified and shall have certification cards with them while performing these duties.

Certified flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia Work Area

Protection Manual. Flag persons shall speak only English while performing their job as a flagger and shall use sign paddles to regulate traffic in accordance with the requirements of the 2011

Virginia Work Area Protection Manual or current version. The Contractor shall provide flagging paddles and hand-held two-way radios for communication between the flaggers. Flag persons found performing their duties improperly shall have their certifications revoked. VDOT will check on a regular basis to ensure that flag persons have their certification cards. Flag persons shall be courteous and neat in appearance at all times according to the Virginia Work Area Protection

Manual. The Contractor shall have the capability of providing up to three (3) certified flag persons per work location.

l. Sanitary Facilities: The Contractor shall provide access to toilet facilities while working these counties. It is the responsibility of the Contractor to accommodate their employee's bathroom and/or relief breaks, at no additional cost to VDOT.

2. Equipment Requirements:

a. Equipment: The Contractor's equipment shall meet Occupational Safety & Health Administration

(OSHA) and Virginia Occupational Safety & Health (VOSH) standards, and VW APM requirements, including, but not limited to, vehicle backup alarm systems and high intensity amber strobe lights as described in the Virginia Work Area Protection Manual. All equipment may be inspected by the

VDOT Contract Administrator, or designee, prior to being placed into service.

b. The Contractor shall provide any accessories that are necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

c. The Contractor shall provide transportation to carry all personnel, equipment, supplies, tools, and incidentals needed to set up and take down traffic control operations. The transportation shall be equipped with a least one (1) High Intensity Amber Strobe Light as specified in the 2011 Virginia

Work Area Protection Manual or current version.

d. Equipment Inventory Certification Form: The bidder shall furnish with the bid, a completed Vendor

Qualification/Equipment Inventory Certification Form, to certify the bidder has sufficient equipment and personnel to perform the work as described. The bidder shall supply the quantity of personnel and type of equipment submitted on the certification. VDOT reserves the right to inspect any equipment submitted on the certification form. After commencement, modification or substitutions by the contractor for the equipment listed in the certification may be permitted with the written permission of the VDOT Contract Administrator or designee. See Vendor Qualification/Equipment Inventory

Certification Form for additional information related to leased/rented and subcontracted equipment.

(See eVA posting).

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

Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

f. Traffic Control Signs and Stands: The Contractor shall supply, erect and dismantle all channeling devices and traffic control signs and stands in accordance with VDOT Policy, specification 512 of the

VDOT Road and Bridge Specifications, and the Virginia Work Area Protection Manual dated 2011, or latest edition. Payment shall be included in the unit price of the Temporary Traffic Control Layouts

(TTC's) unless additional equipment is requested beyond that required in the Virginia Work Area

Protection Manual for the TIC layout, or stated herein.

g. Truck-mounted Attenuators and Electronic Arrow Boards are required when closing a lane on multi-lane roadways in accordance with specification 512 of the VDOT Road and Bridge Specifications, the

Virginia Work Area Protection Manual dated 2011 or latest edition, and as determined by VDOT. The

Lane Closure Contractor shall supply the truck-mounted attenuator(s) and electronic arrow board(s) if required by the Virginia Work Area Protection Manual. Payment shall be included in the line item unit price of the Temporary Traffic Control Layouts (TIC's) unless additional equipment is requested beyond that required in the Virginia Work Area Protection Manual for the TIC layout. In that case, a separate line item payment will be made for the additional equipment needed.

h. Lane Closure: The assembling/dissembling lane closures will be used in conjunction with work performed by various VDOT crews or other VDOT contractors. The assembling/dissembling lane closures will be utilized on Interstate, Primary, and Secondary routes within VDOT's Hampton Roads

District as described in this solicitation. The Contractor may be required to move lane closures to different locations during a workday. Lane Closures are paid for on a per day basis, no additional pay will be made for multiple setups during the same workday.

i. Maintaining Equipment: The Contractor shall possess or have available, prior to the award, sufficient equipment necessary to perform the work for the awarded contract. The Contractor shall maintain and operate equipment designed for the operation(s) described herein and shall ensure the equipment is maintained in good repair and operating condition. All equipment and vehicles involved in the execution of work shall have proper identification markings such, as magnetic decals, with the company's name.

j. Fueled and Ready: The Contractor and any subcontractor shall have equipment fueled and ready to begin operations prior to reporting to the work site. The Contractor shall also provide any accessories necessary to operate the needed equipment efficiently. This shall include, but is not limited to, all hand tools and safety supplies.

k. Additional Trucks or Equipment: VDOT reserves the right to supply additional trucks and/or equipment from VDOT sources if deemed necessary.

D. Manner of Conducting Work At The Job Site:

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

2. Signs or Advertisements: No signs or advertisements shall be posted on VDOT's property without prior written approval by the VDOT Contract Administrator or designee.

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

Contractor prior to the start of work.

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

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

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

5. Cleanup: The Contractor shall clean up frequently so the worksite presents a neat, orderly and workmanlike appearance at all times. If a Contractor fails to clean up at the completion of the work, the Contract

Administrator may do so and charge the costs to the Contractor.

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

7. Disposal: The Contractor is responsible to dispose of all refuse, rubbish, scrap materials and debris caused by their operations as instructed by VDOT. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the job site, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. No VDOT dumpsters are to be used for debris disposal. The cost of this disposal shall be the responsibility of the Contractor.

E. Work Assignments/Requirements:

1. Work Procedure: The Contractor may be required to mobilize multiple Traffic Control Operations in accordance with the specifications contained herein. The Contractor shall provide sufficient inventory to support at least four (4) simultaneous operations. If the Contractor cannot supply all of the requested

Traffic Control set-ups, VDOT reserves the right to procure additional Traffic Control Sets from other sources.

2. Scheduled Work Assignments: The Contractor shall provide lane closures work zones within a minimum of five (5) calendar days from the issuance of a notice to proceed /work order, for normal maintenance operations.

3. Continuous Work Requirement: The Contractor shall provide a continuous operation once they commence work. Failure to maintain a continuous operation will result in a Procurement Complaint Form being issued, which may ultimately result in the default of the contract in accordance with General Terms and

Condition, Paragraph P.

4. Contractor’s Failure to Report: lf a Contractor fails to commence work at the mutually agreed upon time, they may be considered in default and held responsible for any resulting additional purchase and administrative costs in accordance with General Terms and Conditions, Paragraph P. Procurement

Complaint Form may be issued against the Contractor.

F. Method of Ordering Work:

1. An email will be sent that outlines setup location, quantity and types of Traffic Control Sets, LCAMS confirmations of work zones, and expected period of time equipment will be required. No work shall begin without the receipt of an email. The contractor will be responsible to field review each assignment and to notify the requestor of any discrepancies of the assignment, and/or additional equipment needed for the assignment.

2. Confirmation of Response Time: After receipt of the email for Scheduled Work Assignments, the

Contractor shall confirm the acceptance of work assignment within eight (8) hours and begin work within the agreed upon time between the Contract Administrator or designee, and the Contractor. The Contractor may, at the time of notification, request additional time to respond. Approval of additional response time will be decided by VDOT on a case-by-case basis.

3. Portable Temporary Rumble Strips (PTRS): The Department may require the use of Portable Temporary

Rumble Strip (PTRS) as defined in HM #386.1. If required, the item will be paid as a separate line item.

G. Hours of Work:

1. Work may be performed during day or night depending upon location and VDOT needs. Work hours will vary during the contract period based on location and type of work being performed. Work hours and days will be as directed by VDOT's Contract Administrator based on the needs of the Department. No additional pay will be given for night operations.

2. No work will be allowed on major holidays, resulting contract, holidays will be defined as all official State

Holidays, the day preceding and the day immediately following that day. (For holidays that fall on Monday, Friday the week before is considered after}. State Holidays include, but are not limited to: New Year’s

Day, Martin Luther King Day, George Washington's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas day.

3. Please refer to the VDOT Web page for the latest Hampton Roads District Allowable Lane Closure

Documents. Links as follows:

https://www.virginiadot.org/business/hampton_roads_district_allowable_lane_closure_hours.asp

4. No work shall be performed when the weather or other unforeseen conditions create a safety hazard or adversely affect the effectiveness of the work activities. Any subsequent memorandums from VDOT's

Administrative Offices directing work restrictions shall also apply to this contract.

5. A normal scheduled work day is based on 10 hours per day. However, no additional payment will be made for over ten (10) hours worked and no deductions will be made for less than ten (10) hours worked for items paid on a per day basis.

H. Safety Requirements:

1. Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used. This includes, but is not limited to; equipment having vehicular backup alarm systems and flashing lights and equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use. Refer to Special Terms and

Conditions Paragraph 25 for Safety and Health Standards.

2. Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor's operation in connection with the work by ensuring all work/job areas are to maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT's property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

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

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

Vest.

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

6. Truck Mounted Attenuator Communications: Operators of Truck Mounted Attenuators shall have two-way communications between units when operating in a moving/mobile traffic control operation.

7. The Contractor shall be responsible for any and all claims, which may arise as a result of the Contractors' operations, equipment, and their personnel. Failure to properly respond to and resolves claims constitutes unsatisfactory performance and could result in cancellations of the contract.

I. Submittals: Contractor shall submit the below documentation with their bids.

1. Certification for flaggers: VDOT or American Traffic Safety Services Associates (ATSSA)

2. Traffic Control Training Certifications

3. Certificate of Insurance: The Contractor shall submit a current Certificate of General Liability Insurance to the Purchasing Office naming VDOT, Virginia Department of Transportation as an "Additional Insured", when requested, prior to the contract award and shall retain required insurance converge during the term of the contract. (General Terms and Conditions T) https://www.virginiadot.org/business/hampton_roads_district_allowable_lane_closure_hours.asp

V. PRE-BID TELECONFERENCE: A Pre-Bid conference will not be held for this solicitation.

VI. METHOD FOR PAYMENT:

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

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

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

VII. INVOICING:

Invoices shall be submitted monthly to the address and section listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a

VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation

7511 Burbage Drive

Suffolk, VA 23435

In lieu of mailing, invoices may be submitted as an attachment via email to Lakeava.Johnson@vdot.virgina.gov or mohamed.ali@vdot.virginia.gov.

VIII. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To submit an online bid, please refer to the online bidding instructions at:

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1 -866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

IX. GENERAL TERMS AND CONDITIONS:

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

Virginia”.

mailto:edi@doa.virginia.gov mailto:Lakeava.johnson@vdot.virgina.gov mailto:mohamed.ali@vdot.virginia.gov https://eva.virginia.gov/index.html https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf mailto:eVACustomerCare@DGS.Virginia.gov http://www.eva.virginia.gov/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the

Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the

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

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

J. PAYMENT:

1. To Prime Contractor:

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

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

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

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

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

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

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

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

(Code of Virginia, § 2.2-4363).

2. To Subcontractors:

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

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

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

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

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

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

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

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

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

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

Conditions shall apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

Commonwealth, after due oral or written notice, may terminate this contract and procure all goods and/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. OMMITTED

R. OMMITTED

S. OMMITTED

T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of

Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice in eVA (www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees;

(ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

W. NONDISCRIMINATION OF CONTRACTORS: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

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

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

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

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

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

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

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

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 www.eVA.virginia.gov.

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