QUICK_QUOTE DOCUMENT_WESTERN SNOWPLOW & SPREADER.pdf

Due Date:

Date: Time:

Purpose:

1.

2.

3.

4.

QUICK QUOTE (QQ) FOR GOODS

Title:

Issue Date:

Contract Officer:

Email Address:

Western PRO-PLOW Snowplow & PRO-FLOW Spreader

June 26, 2024 Machelle W. Meade, VCO machelle.meade@energy.virginia.gov

Virginia Department of Energy

3405 Mountain Empire Road Big Stone

Gap, Virginia 24219

Commodity Code: 76561 - Snowplows and/or Snow Wings, Vehicle Mounted

76006 - Blades and Edges; Dozer, Grader, Scraper, Snowplow, etc.

Issuing Agency: Commonwealth of Virginia / Department of Energy

Phone Number: (276) 523-8111

Table of Contents:

3405 Mountain Empire Road

Big Stone Gap, Virginia 24219

Quick Quotes for furnishing the Goods/Services described herein will be received until the date/time below:

July 11, 2024 3:00 PM, Eastern Standard Time (EST)

Inquiries:

Terms & Conditions:

The purpose of the request for Quick Quote is for the Commonwealth of Virginia's

Department of Energy to obtain quick quotes for the purchase a Western brand, or equivalent, Snowplow with mounting and lighting hardware/attachments and broadcast Spreader.

Inquiries for information should be directed to: Machelle W. Meade

This solicitation is subject to the provisions of Virginia Energy's General Terms and

Conditions and any changes or revisions thereto, which are hereby incorporated into this Quick Quote in their entirety. Any attached Special Terms and Conditions shall also be a part of the solicitation.

Bidder Information

Pricing Schedule

Product Description / Specifications

General Terms and Conditions

Standard eVA Term and Condition5.

mailto:machelle.meade@energy.virginia.gov mailto:machelle.meade@energy.virginia.gov mailto:machelle.meade@energy.virginia.gov

Name of Firm:

Address:

City, State, ZIP:

Phone Number:

E-Mail Address:

Signature:

Printed Name:

Title:

(Signature)

1. Bidder Information:

In compliance with this Quick Quote (QQ) and all conditions imposed in this QQ, the undersigned firm hereby offers and agrees to furnish all Goods / Services required by this QQ at the price indicated , and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

Is the firm eVA registered?

Does firm accept the Commonwealth of Virginia Small Purchase Charge Card?

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §

2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Conditions C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Fax Number:

Is the firm Swam Certified?

No Yes (enter eVA Vendor ID #)

No Yes (enter DSBSD SWaM certification #)

Yes No

Line Item Description Quantity Unit Cost Total

2. Pricing Schedule

The Bidder / Offeror agrees to provide the described Goods / Services herein described based on the prices indicated below. Prices shall include all expenses to include shipping. In case of arithmetic errors, the Unit Price shall govern.

Any Bidder / Offeror entering $0.00 as a Unit Price or leaving the Unit Price field empty/blank shall be considered a nonresponsive bidder / offeror.

Western brand, or equivalent, PRO-PLOW Series 2 Snowplow with mounting and lighting hardware/attachments and PRO-FLOW broadcast Spreader.

1 1 Lump Sum

3. Product Description/Specification - Western Brand PRO-PLOW Series 2 Snowplow & PRO-FLOW Spreader

EQUAL OPPORTUNITY EMPLOYER

TDD (800) 828-1120 --- Virginia Relay Center

PROGRAMS

ADMINISTRATION

GAS AND OIL

GEOLOGY AND MINERAL RESOURCES

MINED LAND REPURPOSING

MINERAL MINING

COAL MINE SAFETY

OFFSHORE WIND

STATE ENERGY OFFICE

Virginia Department of Energy Washington Building / 8th Floor

1100 Bank Street Richmond, Virginia 23219-3638

(804) 692-3200 FAX (804) 692-3237

www.energy.virginia.gov

June 25, 2024

QUICK QUOTE

SET-ASIDE FOR AWARD PRIORITY TO DSBSD-CERTIFIED MICRO/SMALL BUSINESS

Title: Western PRO-PLOW® Series 2 Snowplow and PRO-FLOW™ Spreader

Commodity Code(s): 76561 – Snowplows and/or Snow Wings, Vehicle Mounted

76006 – Blades and Edges; Dozer, Grader, Scraper, Snowplow, etc.

The Commonwealth of Virginia Department of Energy is seeking to purchase Western brand, or equivalent, snowplow with mounting and lighting hardware attachments and broadcast spreader unit for use at agency facilities located at 3405 Mountain Empire Road, Big Stone Gap, Virginia, 24219.

Fitment is vehicle specific. Equipment must meet all requirements for attachment to the following vehicle:

• 1988-2000 Chevrolet/GMC K3500 Classic truck

• Extended cab body style

• 4X4 with dual rear wheels

• 8.0 ft. standard box bed

• 7.4L V8 engine

• 4500 minimum FGAWR

• 7500 minimum RGAWR

• 2B headlamp style

Snowplow and Spreader specifications:

*Part Numbers derived from Western Products website, https://westernplows.com/

Blade Assembly 8’6” PRO-PLOW® Series 2 Mild Steel Blade Assembly

Part #72308 http://www.energy.virginia.gov/ https://westernplows.com/

Attachment Attachment, MIDWEIGHT / PRO-PLOW Series 2

Part #75200-3

Mount Kit Vehicle Specific Truck Mount, Chevy/GMC K2500/3500/Suburban (1988-2000)

Part #67865

Headlight Harness Truck Harness Kit, 2B, 2D, HB-2 GM, Ford, Jeep, Isuzu, Toyota

Part #29051

Headlamp Kit Plow Headlight Kit, Halogen Headlight Kit, Complete

Part #72530

Isolation Module Vehicle Isolation Module, 3-Port, DRL & Non-DRL

Part #29070-1

Joystick Control FLEET FLEX™ Control, Joystick

Part #35600

Spreader PRO-FLOW™ 525 Poly Tailgate Spreader

Part #91800-1

All inquires for information should be directed to:

Mr. Machelle Meade, Procurement Officer, (276) 523-8211, machelle.meade@energy.virginia.gov

*** Please note, Virginia Department of Energy offices in Big Stone Gap, Virginia are open Monday through

Thursday from 7:00 A.M. to 5:30 P.M. Should it be necessary to deliver a solicitation response outside these available hours of operation, solicitation responses may be placed in the large mailbox located adjacent to the main entrance doorway of the Buchanan Smith Building. ***

Western Products - Quick Match Information donotreply@westernplows.com <donotreply@westernplows.com> Tue 6/18/2024 11:49 AM To: Meade, Machelle (Energy) <machelle.meade@energy.virginia.gov>

Quick Match Results

Selection Summary:

Truck, 2000, CHEVY/GMC, K3500 CLASSIC .

The vehicle has a 4x4drive train, Ext Cab body style, with dual rear wheels, 8.0 Box foot box, 7.4L V8 engine type, 4500 minimum FGAWR, 7500 minimum RGAWR, 10000 minimum GVR, and 2B headlamp type.

The blade selected is 8'-6" PRO-PLOW® Series 2 MS UT2. The control selected is Joystick Control. The headlight type is Halogen.

The required ballast is 1000 lbs.

COMPONENTS

Blade Assembly 8'6" PRO-PLOW® Series 2 Mild Steel Blade Assembly #72308

Attachment Attachment, MIDWEIGHT / PRO-PLOW Series 2 #75200-3

Mount Kit Vehicle Specific Truck Mount, Chevy/GMC, K2500/3500/Suburban (1988–00) #67865

Headlight Harness Truck Harness Kit, 2B, 2D, HB-2 GM, FORD, JEEP, IZUZU, TOYOTA

#29051

Headlamp Kit Plow Headlight Kit, Halogen Headlight Kit, Complete #72530

Isolation Module Vehicle Isolation Module, 3-Port, DRL & Non-DRL #29070-1

Joystick Control FLEET FLEX™ Control, Joystick #35600

Notes Summary:

Recommended F60 suspension or snowplow prep package.

This model is equipped with the UltraMount® 2 mount system. Classic Style Only (2nd # in model # is 0 not 5) example: K10903. Refer to label in glove box for model number.

Resources:

Headlamp Reference Guide Plow Component Weights Compare Products

WARNINGS

New untitled vehicle installation of a snowplow requires National Highway Traffic Safety Administration altered vehicle certification labeling. Installer to verify that selected snowplow and ballast, if required, do not exceed GVWR or GAWR rating label and complies with FMVSS.Do not exceed GVWR https://resources.westernplows.com/ https://res.cloudinary.com/douglas-dynamics/image/upload/v1659334663/Match/headlamp_reference.pdf https://res.cloudinary.com/douglas-dynamics/image/upload/v1659335870/Match/WESTERN_CG_Weight_Data.pdf https://westernplows.com/compare-products or GAWR, including blade and ballast. The rating label is found on the driver-side vehicle door cornerpost.

NOTICES

Western Products has defined a "representative vehicle" that contains the options most likely to appear on a typical snowplow application.

The "representative vehicle" includes the following options:

"4X4 Drivetrain (unless noted), Rear Bumper, Spare Tire & Wheel, Air Conditioning, Automatic Transmission, Full Fluids."

If the vehicle in question does not match a vehicle listing in Quick Match, or has options that differ from the "Representative Vehicle" as defined earlier, the ballast inquiry sheet must be filled out and submitted in order to determine plow availability and correct ballast amounts to maintain FMVSS compliance. Completed vehicle at no time shall exceed GVWR or GAWR.

BALLAST: When ballast is required it must be secured behind the rear wheels in a manner which prevents it from sliding during normal driving.

Ballast shall not exceed 1200 lbs.Western Products offers an optional ballast retainer kit (62849) for this purpose.

Quick Match is designed to help you determine the appropriate snowplow components for a particular snowplow vehicle application. The information published in this guide is based on Federal Motor Vehicle Safety Standards (FMVSS) and a "representative" snowplow vehicle as defined in this guide. The vehicle includes a combined weight of 300 lbs for occupants in the front seat location.

NOTICE: The information contained in this communication is intended solely for use by the designated recipient(s). This communication may also contain confidential or proprietary information and may be subject to confidentiality protection under the law. If you are not a designated recipient, you may not review, copy, or distribute this message. If you receive this message in error, please notify the sender and destroy your copy.

Thank you for your cooperation. Douglas Dynamics, LLC.

The Bidder / Offeror will be responsible for reading and understanding the General Terms and Conditions.

4. General Terms and Conditions

REQUIRED GENERAL TERMS AND CONDITIONS GOODS AND NONPROFESSIONAL

SERVICES

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 and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids/proposals, bidders/offerors certify to the Commonwealth that they will conform to the provisions of 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 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 § 2.2-43431E).

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 I 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.

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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.

g. 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. 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 (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

I. 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 and 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.

J. 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.

K. 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.

L. 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.

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

N. 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 for 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, it 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.

O. 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.

P. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-

0076K.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required event if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their bids/proposals, all bidders/offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

S. 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.

T. 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.

U. 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.

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V. 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.

W. AVAILBILITY 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.

X. 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 include 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/proposal.

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

Z. 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 is 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.

AA. 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 State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs https://covgov-my.sharepoint.com/personal/machelle_meade_energy_virginia_gov/Documents/Desktop/eva.virginia.gov https://covgov-my.sharepoint.com/personal/machelle_meade_energy_virginia_gov/Documents/Desktop/eva.virginia.gov do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract Worker who the Commonwealth reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

The Bidder / Offeror will be responsible for reading and understanding any Special Terms and Conditions and Standard eVA Term and Condition.

5. Special Terms and Conditions / Standard eVA Term and Condition

Standard eVA Term and Condition

STANDARD eVA Order Term and Condition: This order is governed in all respects by the laws of the Commonwealth of Virginia, including the Virginia Public Procurement Act, the Commonwealth of Virginia Agency Procurement and Surplus Property Manual, and the Commonwealth of Virginia Vendors Manual copies of which are available at eva.virginia.gov. The stated prices(s) include shipping FOB destination unless otherwise stated in the body of the order. In addition, this order is subject to an eVA transaction fee in accordance with the eVA Fee Schedule a copy of which is available at eva.virginia.gov. This fee will be invoiced to your company, approximately 60 days after the order issue date specified above, by the Commonwealth of Virginia, Department of

General Services. Any modification to these terms must be agreed upon to in writing by both parties prior to performance of this order.

eva.virginia.gov eva.virginia.gov