Snow Removal Quick Quote.pdf

Snow and Ice Removal Services RFx: 56186

ISSUE DATE: January 11th, 2024

TITLE: Snow and Ice Removal Services

COMMODITY CODE(S): 96872

ISSUING AGENCY: Commonwealth of Virginia Department of Wildlife Resources Purchasing Department 7870 Villa Park Drive

P.O. Box 90778 Henrico, Virginia 23228

USING AGENCY: Commonwealth of Virginia Department of Wildlife Resources

Period Of Contract: Upon award for a period of one (1) year with four (4) additional one (1) year option to renew the contract in accordance with the terms and conditions herein.

Proposal submission: Proposals must be submitted via attachment using the Commonwealth’s e-Procurement portal (eVA) no later than 4:00 PM EST on Monday January 23rd, 2024.

Optional Pre-Proposal Conference: A pre-bid conference will not be held for this solicitation.

Inquiries for information regarding this Quick Quote shall be in writing directed to: Stephanie Adams, at stephanie.adams@dwr.virginia.gov. Procedural inquiries may be made by telephone at (804) 367-6991.

In compliance with this Quick Quote and all conditions imposed in this URFP, the undersigned firm hereby offers and agrees to furnish Trapping and Climbing Services in accordance with the attached signed proposal or as mutually agreed upon through subsequent negotiation and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached is true, correct, and complete.

Certification page to follow mailto:stephanie.adams@dwr.virginia.gov

RFx: 56186

CERTIFICATION:

VA Business License Number:

Initial License Date: Expiration Date:

Name and Complete Address of Firm: Date:

By:

(Signature)

Name:

Title:

Phone #:

FEI/FIN No. FAX #:

E-mail address: Website:

Size of Business* (check one): [ ] Micro/Small [ ] Large

Minority-Owned* (check one): [ ] Yes [ ] No

Women-Owned* (check one): [ ] Yes [ ] No

*Must be Virginia Certified, for more information please contact Virginia Department of Small Business and Supplier Diversity (SBSD).

www.sbsd.virginia.gov

Office location you are submitting a bid for: __________________________________________________________

(Region 3 – Marion, Region 4 – Fredericksburg)

Signature: __________________________________________ Printed Name: __________________________________________

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

http://www.sbsd.virginia.gov/

RFx: 48677

TABLE OF CONTENTS

Section Page #

Background 4

Purpose 4

Definitions 4

Scope of Work 5

Bidder’s Instructions and Checklist 7

Method of Payment 8

Pricing Schedule 8

General Terms and Conditions 9

Special Terms and Conditions 15

Attachment A – Snow and Ice Removal Ticket

1. BACKGROUND:

The Virginia Department of Wildlife Resources (DWR) is responsible for the management of inland fisheries, wildlife, and recreational boating for the Commonwealth of Virginia. We are leading wildlife conservation and inspiring people to value the outdoors and their role in nature. DWR has five regional office locations throughout the state, and is Headquartered in Henrico, Virginia.

2. PURPOSE:

The purpose of this Quick Quote is to solicit bids from qualified Bidders to establish a term contract to provide snow and ice removal services for DWR regional office locations and the Headquarters location. The address of office locations is as follows:

Department of Wildlife Resources:

1. Region 3 – Marion Office

1796 Highway Sixteen, Marion, VA 24354

2. Region 4 Office - (Fredericksburg)

1320 Belman Rd, Fredericksburg, VA 22401

3. DEFINITIONS:

BIDDER: The term “Bidder” as referenced in this solicitation refers to the individual or firm preparing and submitting a bid in response to this Quick Quote.

CONTRACTOR: The term “Contractor” refers to an individual or firm that has entered into an agreement to provide goods or services to Virginia DWR. In addition, it also refers to a firm who, when awarded the contract, will be responsible for the goods or services required as a result of this solicitation.

SELF-MANAGED: The term “self-managed” refers to the Contractor taking initiative and being proactive about managing its own performance and ensuring compliance with the contract requirements. The Contractor should not need prompts or reminders from Virginia DWR to perform any of the contract requirements.

TERMINOLOGY: The terms “must”, “shall”, “should”, and “may” are used to identify the criticality of the requirements.

“Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the Contractor to provide required goods or services. Items labeled as “should” are highly desirable, although their absence will not have as large an impact. Items labeled “may” will be useful but are not necessary.

4. SCOPE OF WORK:

The Contractor shall furnish all labor, supervision, equipment, supplies, and materials necessary to provide snow and ice removal services during the seasonal months of service (generally but not limited to: October through April (“Snow Season”). These services are to be provided in accordance with the requirements set forth herein.

Bidders are encouraged to perform a site visit of the property to provide accurate pricing.

A. SNOW AND ICE REMOVAL:

The intent of this service is to combat adverse weather conditions in a comprehensive and orderly manner that results in a high level of quality and safety for Virginia DWR and its customers. The Contractor shall ensure that snow and/or ice are removed from the contracted Virginia DWR locations, prior to the location’s opening, seven (7) days a week.

1. The Contractor shall immediately proceed with snow removal upon snowfall ceasing and at least three (3) inches deep without approval from Virginia DWR, or if a Virginia DWR designee requests before three (3) inches of snow has accumulated and if additional accumulation is anticipated. The timing of the clearing shall be coordinated for employees to arrive at the location by 8:00 AM (EST) and leave as needed.

2. Snow shall be removed from the parking lot, sidewalks, steps, and handicap accessible ramps. Any other publicly accessible areas may be determined and communicated to the Contractor in advance by the DWR designee.

3. Contractor must be available and respond immediately upon notification from the Virginia DWR designee and

Contractor must respond to requests to perform snow/ice removal within two (2) hours of contact.

a. Parking lot grates and gutter drains shall not be blocked by piles of snow to allow water to drain from the site when the snow or ice is melting.

4. The Virginia DWR designee may, at any time, notify the Contractor that snow and/or ice removal services are or are not required. The Virginia DWR designee will attempt to provide a minimum of two (2) hours’ notice when services are required. No additional fees shall be charged.

5. Reasonable attempts should be made to provide complete service in as few pushes as necessary (i.e., wait until snow ceases falling to provide services, unless the Virginia DWR location will be opening before the snow ceases and/or the DWR designee has requested services).

6. Hourly rate will commence at the time the operator begins snow and/or ice removal (i.e., truck plowing) on

Virginia DWR premises. All accumulated hourly rates will be based on actual time worked, including night and weekend hours, and billed in 15-minute increments. Snow and ice removal services are required solely on an as-needed basis. No payment will be made if services are not required.

7. Contractors must use plows of sufficient size and have commercial quality salt/sand spreading equipment to remove snow and ice from the location’s lot. Manual broadcast spreading with a shovel from the bed of a pick-up truck may not provide sufficient coverage to lot. Use discretion as needed.

8. Ice melt application is expected following snow removal services and shall be billed for actual amounts used.

Only chemicals which have been approved for use by the Environmental Protection Agency and Virginia DWR shall be used. Gravel and/or gravel dust shall not be used. Ice melt shall be a blend of sodium, magnesium, and calcium chloride, or as approved by the Contract Officer. Eco-friendly ice melt chemical is required, but this requirement may be adjusted by the Contract Officer, depending upon conditions. Comparable traction/ice melt mixtures can be used if approved by the Contract Officer. Truck speed and spreader flow must be regulated to ensure that the application is heavy enough to ensure safe conditions.

9. Clearing of snow and ice must be done in a quality manner which allows for safe passage and does not promote the build-up of ice. Snow must not be piled up or blown onto or in front of neighboring properties, public streets, garage doors, loading docks, utility units, fire hydrants, walkways, or other entrance or egress points. Banking of snow, when necessary, shall be limited in height so as to not restrict visibility.

10. Prior to or upon arrival at each location and before commencement of clearing, Contractor will notify the Virginia DWR designee to allow staff to move vehicles so that a complete clearing of the driveways and parking areas can be completed. Contractor must notify the Virginia DWR designee before leaving the premises if vehicles are not moved and clearing is compromised. Proper care and diligence shall be exercised in the performance of service at all times, especially in the presence of customers, employees, and/or vehicles.

11. When removing snow (shoveling/plowing), Contractor is to ensure adequate room for wheelchair maneuverability to walkways.

12. Hand shovels and/or snow blowers ONLY (no motorized equipment) shall be used to remove snow and ice from sidewalks and entranceways, unless prior approval has been provided by the Virginia DWR designee.

13. In the event the Contractor does not provide acceptable services within the time specified, Virginia DWR reserves the right to obtain another vendor to begin snow/ice removal and/or ice melt application immediately.

14. Only qualified operators and proper equipment will be used along with special efforts to prevent abuse and damage to surfaces of paved roads, walks, curbs, barriers, landscape effects, or grass areas. The Contractor shall be responsible for the repair of all damage to property, landscape, walkways, or any structures of Virginia DWR or neighboring properties caused by the contractor’s employees or equipment.

15. Contractor is to adhere to local/state noise control ordinances/laws.

16. As applicable, all equipment must be OSHA certified and/or meet all OSHA requirements.

B. SERVICE TICKETS:

The Contractor Service Ticket (Attachment A) must be signed by an authorized Virginia DWR representative for each location serviced and presented for signature as soon as the service is complete, or within 24-36 hours of services being performed. This ensures the work is completed satisfactorily and if not, allows the vendor the opportunity to perform services as expected.

1. Contractor must check-in and out with the DWR designee, for each location serviced, when work is performed during regular business hours. Service Ticket(s) are to be presented upon Contractor arrival before starting service and signed by the Virginia DWR designee upon completion, or within 24-36 hours after services have been provided, and only if service has been performed satisfactory to the contract. A sample service ticket is located in Attachment A.

2. A copy of the signed service ticket(s) for each service is to accompany the invoice for services. The signed ticket acts as verification of services, a requirement for payment. Any instance of inconsistency between actual time(s) worked and time recorded on the service ticket(s)/invoice will be grounds for contract termination.

3. The authenticated service ticket(s) shall be submitted to Virginia DWR Accounts Payable (voucheraccounting@dwr.virginia.gov) with the invoice as supporting documentation for each event for which service is performed. Failure to provide an authenticated service ticket(s) will delay payment from being made.

C. CONTRACTOR'S RESPONSIBILITIES FOR SNOW AND ICE REMOVAL:

Contractor shall provide the following information to the Contract Officer within seven (7) days of contract award:

1. Contact list to include the designated representative(s) name, business address, telephone number(s) and email address where the representative can be reached at all times and must be accessible twenty-four (24) hours a day, seven (7) days a week.

mailto:voucheraccounting@dwr.virginia.gov)

2. The Contract representative is responsible for ensuring performance standards and requirements of the contract are achieved and continuously maintained.

3. For purposes of this contract, the following is the definition of being “self-managed”: Virginia DWR requires that the Contractor take initiative and be proactive about managing its own performance and ensuring compliance with the contract requirements. The Contractor should not need prompts or reminders from Virginia DWR to perform any of the contract requirements.

a. The Contractor shall correct all discrepancies/non-performance issues within four (4) hours of notification.

b. The Contractor shall return any call from Virginia DWR within two (2) hours of notification.

4. The Contractor shall furnish experienced equipment operators with good operating records, who are safety conscious, and who shall exercise reasonable care in the performance of this service. All operators must have at least one (1) year experience in the operation of like equipment, shall possess a valid driver’s license issued by the driver’s state of residence, and shall be at least 18 years old.

a. A supervisor fluent and conversant in English shall be on site at all times.

b. The Contractor shall be responsible for the conduct and performance of its employees, and for compliance with the following rules:

c. Employees appearing to be under the influence of drugs or alcohol shall not be permitted on Virginia DWR premises.

d. Employees shall behave in a professional manner at all times while on property; No loud or boisterous conduct is permitted.

e. The contractor’s employees shall operate all equipment in a safe manner in accordance with the manufacturer’s recommended procedures for the use of all equipment.

f. Virginia DWR reserves the right to request removal of any of the Contractor’s employees from the premises at any time for reasonable cause.

5. Material Safety Data Sheets must be provided to Virginia DWR for all chemicals used, upon request.

Contractor’s employees will apply all chemicals in accordance with the manufacturers labeled instructions.

5. BIDDER’S INSTRUCTIONS AND CHECKLIST:

Please be sure to fill out and submit the following as an attachment in eVA:

A. The cover sheet completely filled out and signed. Please remember to indicate which office you are submitting a bid for (page 2)

B. Pricing Schedule completed (page 8)

C. Discount Clause (only if offering a discount – this can also be put in the Comment Section of eVA)

D. References (page 16-17)

E. Please provide a copy of your current Certificate of Insurance

* All pricing should be entered in eVA Quick Quote. Pricing in eVA shall prevail.

6. METHOD OF PAYMENT:

The Contractor will be paid on the basis of invoices submitted. Payments will be made according to §20315 of the CAPP Manual, which is thirty (30) days after receipt of a proper invoice by Virginia DWR’s Accounts Payable Department or receipt of goods or services, whichever is later. Virginia DWR will have the option of paying the Contractor in less than thirty (30) days if a discount is offered for expedient payment.

A % prompt payment discount is offered by Contractor for prompt payment of calendar days.

The Commonwealth of Virginia encourages Contractors to accept electronic and charge card payments. The

Commonwealth of Virginia Small Purchase Charge Card may be used as the method of payment at the discretion of Virginia DWR if the Contractor has an established Merchant Account/Agreement. Merchant bank fees shall not be charged back to Virginia DWR. Invoices shall be submitted to the following address:

Virginia Department of Wildlife Resources Attention: Accounts Payable PO Box 90778 Henrico, VA 23228 *Preferred method of invoice submittals: voucheraccounting@dwr.virginia.gov

7. PRICING SCHEDULE:

The Contractor agrees to provide the described services herein based on the prices indicated below. Prices shall include all expenses (i.e., parking, meals, lodging, photocopying, airfare, mileage, communication cost, automobile rental, etc.).

In case of arithmetic errors, the unit price will govern. The hours below are a hypothetical scenario to determine the low Bidder. Any Bidder who enters $0 on a pricing blank or leaves it blank shall be considered non-responsive.

Item Description Quantity Unit Cost Total

1 Snowplow Vehicle w/ Driver 1 Hour $ $

2 Manual Snow Shoveling 1 Hour $ $

TOTAL $

Ice Melt Chemicals will be a part of the contract; however, not a part of the total award amount. Please provide in the space below a bag size and price per bag.

Item Description Quantity Unit Cost Total

Ice Melt Chemicals (Pricing inclusive of labor to apply)

lb. bag

TOTAL $

mailto:voucheraccounting@dwr.virginia.gov

8. 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.

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 https://eva.virginia.gov/index.html 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 proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their 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.

D. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR RFPs: 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.

E. 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: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror 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 offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such 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. TAXES: Intentionally omitted

R. USE OF BRAND NAMES: Intentionally omitted

S. TRANSPORTATION AND PACKAGING: Intentionally omitted

T. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

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

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General

Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

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

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

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

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

X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal eva.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

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

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

i. DSBSD-certified Small Businesses: 1%, capped at $500 per order.

ii. Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at eva.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General

Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation.

DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

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

BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CC. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while https://dgs.virginia.gov/globalassets/business-units/dps/documents/billing/eVA-Fee-Schedule-Revised-Effective-07-01-2014.pdf performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a

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

The Commonwealth of Virginia may require, at its sole discretion, the removal and replacement of any Contract

Worker who the Commonwealth reasonably believes to have violated this Section.

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

9. SPECIAL TERMS AND CONDITIONS:

AWARD TO MULTIPLE BIDDERS: The Commonwealth reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible bidder(s) meeting the requirements of the solicitation. The Commonwealth reserves the right to conduct any tests it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia DWR, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 30 days. At the end of the 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 program is canceled.

CANCELLATION OF CONTRACT: Virginia DWR 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 be terminated by either party, 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 all outstanding orders issued prior to the effective date of cancellation.

DISCOUNTS, PROMPT PAYMENT: Discounts for prompt payment will not be calculated in determining net low bid.

Discounts for prompt payment will be shown on the purchase order/contract and taken if invoices are processed and payment made within the stipulated time frame. If discounts are not offered, payment shall be made thirty (30) days after receipt of an accurate invoice by Virginia DWR’s Accounts Payable Department.

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

Vendors desiring to provide goods and/or services to Virginia DWR shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for Virginia DWR to reject your offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to eVA-catalog-manager@dgs.virginia.gov.

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 Virginia DWR.

MATERIAL SAFETY DATA SHEETS: Safety Data Sheets and descriptive literature shall be provided with the bid for each chemical and/or compound offered. Failure on the part of the Bidder to submit such data sheets may be the cause for declaring the bid as nonresponsive.

PRIME CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for completely supervising and directing the work under this contract and all employees that he may utilize, using his best skill and attention. The Contractor agrees that he is as fully responsible for the acts and omissions of his own employees.

QUANTITIES: Quantities set forth in this solicitation…