Date Printed: Mar 31, 2022 Page: 1 FORM ID: WV-PRC-CRFQ-002 2020/05

Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130

State of West Virginia Centralized Request for Quote

Service - Prof

Proc Folder: 1013462 Reason for Modification:

Doc Description: OSR Geotextile Containers Open End

Proc Type: Central Master Agreement

Date Issued Solicitation Closes Solicitation No Version

2022-03-31 2022-04-19 13:30 CRFQ 0313 DEP2200000040 1

BID RECEIVING LOCATION

BID CLERK

DEPARTMENT OF ADMINISTRATION

PURCHASING DIVISION

2019 WASHINGTON ST E

CHARLESTON WV 25305

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Joseph E Hager III

(304) 558-2306 joseph.e.hageriii@wv.gov

Vendor Signature X FEIN# DATE

All offers subject to all terms and conditions contained in this solicitation

Date Printed: Mar 31, 2022 Page: 2 FORM ID: WV-PRC-CRFQ-002 2020/05

ADDITIONAL INFORMATION

The West Virginia Purchasing Division is soliciting bids on behalf of the West Virginia Department of Environmental Protection, Office of Special Reclamation (OSR) to establish an open-end contract to supply all transportation, labor and supervision necessary to provide Geotextile Dewatering Containers for the State of West Virginia. These counties may include, but are not limited to: Clay, Grant, Marion, Mineral, Monongalia, Preston, Tucker, Upshur per the attached specifications and terms and conditions.

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 1 Geotextile Container 20 ft circumference by 50 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 20 ft circumference by 50 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

Date Printed: Mar 31, 2022 Page: 3 FORM ID: WV-PRC-CRFQ-002 2020/05

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 2 Geotextile Container 22.5 ft circumference by

22 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 22.5 ft circumference by 22 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 3 Geotextile Container 30 ft circumference by 20 ft length

4.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 30 ft circumference by 20 ft length . Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by

Date Printed: Mar 31, 2022 Page: 4 FORM ID: WV-PRC-CRFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 4 Geotextile Container 45 ft circumference by 30 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 45 ft circumference by 30 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 5 Geotextile Container 45 ft circumference by 60 ft length

6.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container45 ft circumference by 60 ft length . Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by

Date Printed: Mar 31, 2022 Page: 5 FORM ID: WV-PRC-CRFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 6 Geotextile Container 45 ft circumference by 80 ft length

6.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate, or equal, Geotextile Dewatering Container 45 ft circumference by 80 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 7 Geotextile Container 45 ft circumference by 90 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 45 ft circumference by 90 ft length . Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by

Date Printed: Mar 31, 2022 Page: 6 FORM ID: WV-PRC-CRFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 8 Geotextile Container 45 ft circumference by 100 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 45 ft circumference by 100 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 9 Geotextile Container 45 ft circumference by 120 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container45 ft circumference by 120 ft length . Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by

Date Printed: Mar 31, 2022 Page: 7 FORM ID: WV-PRC-CRFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 10 Geotextile Container 45 ft circumference by 135 ft length

14.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 45 ft circumference by 135 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 11 Geotextile Container 60 ft circumference by 100 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 60 ft circumference by 100 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by

Date Printed: Mar 31, 2022 Page: 8 FORM ID: WV-PRC-CRFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

OFFICE OF SPECIAL

RECLAMATION

VARIOUS LOCATIONS AS

INDICATED BY ORDER

47 SCHOOL ST, STE 301

PHILIPPI WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 12 Geotextile Container 75 ft circumference by 60 ft length

1.00000 EA

Comm Code Manufacturer Specification Model #

30121702

Extended Description:

TenCate or equal, Geotextile Dewatering Container 75 ft circumference by 60 ft length. Price includes delivery.

Quantities listed are for bidding purposes only. Actual quantities may differ.

"* All references in the Specifications and Attachments to brand or manufacturer specific items are included only to establish a quality level for materials, products or equipment provided to fulfill the Contract, and thus should be considered to be followed by the words, "or equal".

SCHEDULE OF EVENTS

Line Event Event Date

Revised 02/08/2022

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the

Solicitation will result in bid disqualification.

3. PREBID MEETING: The item identified below shall apply to this Solicitation.

[ ] A pre-bid meeting will not be held prior to bid opening

[ ] A MANDATORY PRE-BID meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing.

Additionally, the person attending the pre-bid meeting should include the Vendor’s E-Mail address, phone number, and Fax number on the attendance sheet. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

All Vendors should arrive prior to the starting time for the pre-bid. Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with knowing all matters discussed at the pre-bid.

Questions submitted at least five business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this

Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding.

Submitted e-mails should have solicitation number in the subject line.

Question Submission Deadline:

Submit Questions to:

2019 Washington Street, East

Charleston, WV 25305

Fax: (304) 558-3970

Email:

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any

State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Purchasing Division is binding.

6. BID SUBMISSION: All bids must be submitted electronically through wvOASIS or signed and delivered by the Vendor to the Purchasing Division at the address listed below on or before the date and time of the bid opening. Any bid received by the Purchasing Division staff is considered to be in the possession of the Purchasing Division and will not be returned for any reason. The Purchasing Division will not accept bids, modification of bids, or addendum acknowledgment forms via e-mail. Acceptable delivery methods include electronic submission via wvOASIS, hand delivery, delivery by courier, or facsimile.

The bid delivery address is:

Department of Administration, Purchasing Division

2019 Washington Street East

Charleston, WV 25305-0130

A bid that is not submitted electronically through wvOASIS should contain the information listed below on the face of the envelope or the bid may be rejected by the Purchasing Division.:

SEALED BID:

BUYER:

SOLICITATION NO.:

BID OPENING DATE:

BID OPENING TIME:

FAX NUMBER:

The Purchasing Division may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. Submission of a response to a Request for Proposal is not permitted in wvOASIS.

For Request For Proposal (“RFP”) Responses Only: In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal prior to the bid opening date and time identified in Section 7 below, plus convenience copies of each to the Purchasing Division at the address shown above. Additionally, the Vendor should clearly identify and segregate the cost proposal from the technical proposal in a separately sealed envelope.

7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identified below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic submission) or when the bid is time stamped by the official Purchasing Division time clock (in the case of hand delivery).

Bid Opening Date and Time:

Bid Opening Location: Department of Administration, Purchasing Division 2019 Washington Street East

Charleston, WV 25305-0130

8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an official written addendum issued by the Purchasing Division. Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum

Acknowledgment Form, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

9. BID FORMATTING: Vendor should type or electronically enter the information onto its bid to prevent errors in the evaluation. Failure to type or electronically enter the information may result in bid disqualification.

10. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand, or specification listed in this Solicitation establishes the acceptable level of quality only and is not intended to reflect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required specifications. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand should clearly identify the alternate items in its bid and should include manufacturer’s specifications, industry literature, and/or any other relevant documentation demonstrating the equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor’s bid.

[ ] This Solicitation is based upon a standardized commodity established under W. Va. Code §

5A-3-61. Vendors are expected to bid the standardized commodity identified. Failure to bid the standardized commodity will result in your firm’s bid being rejected.

11. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.

12. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State

Rules §148-1-6.6, communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Purchasing Division, is strictly prohibited without prior Purchasing Division approval. Purchasing Division approval for such communication is implied for all agency delegated and exempt purchases.

13. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the West Virginia Purchasing Division and must have paid the $125 fee, if applicable.

14. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

15. PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects. Any request for preference must be submitted in writing with the bid, must specifically identify the preference requested with reference to the applicable subsection of West Virginia Code § 5A-3-37, and must include with the bid any information necessary to evaluate and confirm the applicability of the requested preference. A request form to help facilitate the request can be found at:

http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

15A. RECIPROCAL PREFERENCE: The State of West Virginia applies a reciprocal preference to all solicitations for commodities and printing in accordance with W. Va. Code §

5A-3-37(b). In effect, non-resident vendors receiving a preference in their home states, will see that same preference granted to West Virginia resident vendors bidding against them in West

Virginia. Any request for reciprocal preference must include with the bid any information necessary to evaluate and confirm the applicability of the preference. A request form to help facilitate the request can be found at: http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

16. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES: For any solicitations publicly advertised for bid, in accordance with West Virginia Code §5A-3-

37(a)(7) and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women-owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women-owned, or minority-owned business must identify itself as such in writing, must submit that writing to the

Purchasing Division with its bid, and must be properly certified under W. Va. CSR § 148-22-9 prior to contract award to receive the preferences made available to resident vendors. Preference http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf for a non-resident small, women-owned, or minority owned business shall be applied in accordance with W. Va. CSR § 148-22-9.

17. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive minor irregularities in bids or specifications in accordance with West Virginia Code of State

Rules § 148-1-4.6.

18. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Purchasing Division staff immediately upon bid opening. The Purchasing Division will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Purchasing Division to print or electronically save documents provided that those documents are viewable by the Purchasing Division prior to obtaining the password or removing the access restriction.

19. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 148-1-

5.3, when the Director determines that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.”

20. ACCEPTANCE/REJECTION: The State may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules § 148-1-4.5. and § 148-1-6.4.b.”

21. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the

Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and

5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE

SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.

Submission of any bid, proposal, or other document to the Purchasing Division constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The

Purchasing Division will disclose any document labeled “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claim against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions are subject to public disclosure without notice.

22. INTERESTED PARTY DISCLOSURE: West Virginia Code § 6D-1-2 requires that the vendor submit to the Purchasing Division a disclosure of interested parties to the contract for all contracts with an actual or estimated value of at least $1 million. That disclosure must occur on the form prescribed and approved by the WV Ethics Commission prior to contract award.

A copy of that form is included with this solicitation or can be obtained from the WV Ethics

Commission. This requirement does not apply to publicly traded companies listed on a national or international stock exchange. A more detailed definition of interested parties can be obtained from the form referenced above.

23. WITH THE BID REQUIREMENTS: In instances where these specifications require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Director of the Purchasing Division reserves the right to request those items after bid opening and prior to contract award pursuant to the authority to waive minor irregularities in bids or specifications under W. Va. CSR § 148-1-4.6. This authority does not apply to instances where state law mandates receipt with the bid.

24. EMAIL NOTIFICATION OF AWARD: The Purchasing Division will attempt to provide bidders with e-mail notification of contract award when a solicitation that the bidder participated in has been awarded. For notification purposes, bidders must provide the Purchasing Division with a valid email address in the bid response. Bidders may also monitor wvOASIS or the

Purchasing Division’s website to determine when a contract has been awarded.

GENERAL TERMS AND CONDITIONS:

1. CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the

Purchasing Division Director, or his designee, and approved as to form by the Attorney

General’s office constitutes acceptance by the State of this Contract made by and between the

State of West Virginia and the Vendor. Vendor’s signature on its bid, or on the Contract if the

Contract is not the result of a bid solicitation, signifies Vendor’s agreement to be bound by and accept the terms and conditions contained in this Contract.

2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional definitions may be found in the specifications included with this Solicitation/Contract.

2.1. “Agency” or “Agencies” means the agency, board, commission, or other entity of the State of West Virginia that is identified on the first page of the Solicitation or any other public entity seeking to procure goods or services under this Contract.

2.2. “Bid” or “Proposal” means the vendors submitted response to this solicitation.

2.3. “Contract” means the binding agreement that is entered into between the State and the

Vendor to provide the goods or services requested in the Solicitation.

2.4. “Director” means the Director of the West Virginia Department of Administration, Purchasing Division.

2.5. “Purchasing Division” means the West Virginia Department of Administration, Purchasing

Division.

2.6. “Award Document” means the document signed by the Agency and the Purchasing

Division, and approved as to form by the Attorney General, that identifies the Vendor as the contract holder.

2.7. “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division.

2.8. “State” means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires.

2.9. “Vendor” or “Vendors” means any entity submitting a bid in response to the

Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires.

3. CONTRACT TERM; RENEWAL; EXTENSION: The term of this Contract shall be determined in accordance with the category that has been identified as applicable to this

Contract below:

[ ] Term Contract

Initial Contract Term: The Initial Contract Term will be for a period of _____________

_______________________. The Initial Contract Term becomes effective on the effective start date listed on the first page of this Contract and the Initial Contract Term ends on the effective end date also shown on the first page of this Contract.

Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency, and the Vendor, with approval of the Purchasing Division and the Attorney General’s office

(Attorney General approval is as to form only). Any request for renewal should be delivered to the

Agency and then submitted to the Purchasing Division thirty (30) days prior to the expiration date of the initial contract term or appropriate renewal term. A Contract renewal shall be in accordance with the terms and conditions of the original contract. Unless otherwise specified below, renewal of this Contract is limited to ___________________ successive one (1) year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed the total number of months available in all renewal years combined. Automatic renewal of this

Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General’s office (Attorney General approval is as to form only)

[ ] Alternate Renewal Term – This contract may be renewed for __________________ successive __________ year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this

Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing

Division and Attorney General’s office (Attorney General approval is as to form only)

Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired.

[ ] Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed within days.

[ ] Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and part of the Contract more fully described in the attached specifications must be completed within _________________ days. Upon completion of the work covered by the preceding sentence, the vendor agrees that maintenance, monitoring, or warranty services will be provided for ________________ year(s) thereafter.

[ ] One-Time Purchase: The term of this Contract shall run from the issuance of the Award

Document until all of the goods contracted for have been delivered, but in no event will this

Contract extend for more than one fiscal year.

[ ] Other: Contract Term specified in ________________________

4. AUTHORITY TO PROCEED: Vendor is authorized to begin performance of this contract on the date of encumbrance listed on the front page of the Award Document unless either the box for

“Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked in Section 3 above. If either “Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked, Vendor must not begin work until it receives a separate notice to proceed from the State. The notice to proceed will then be incorporated into the Contract via change order to memorialize the official date that work commenced.

5. QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below.

[ ] Open End Contract: Quantities listed in this Solicitation/Award Document are approximations only, based on estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the quantities actually ordered for delivery during the term of the

Contract, whether more or less than the quantities shown.

[ ] Service: The scope of the service to be provided will be more clearly defined in the specifications included herewith.

[ ] Combined Service and Goods: The scope of the service and deliverable goods to be provided will be more clearly defined in the specifications included herewith.

[ ] One Time Purchase: This Contract is for the purchase of a set quantity of goods that are identified in the specifications included herewith. Once those items have been delivered, no additional goods may be procured under this Contract without an appropriate change order approved by the Vendor, Agency, Purchasing Division, and Attorney General’s office.

6. EMERGENCY PURCHASES: The Purchasing Division Director may authorize the Agency to purchase goods or services in the open market that Vendor would otherwise provide under this

Contract if those goods or services are for immediate or expedited delivery in an emergency.

Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the

Purchasing Division Director, shall not constitute of breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse the State from fulfilling its obligations under a One Time Purchase contract.

7. REQUIRED DOCUMENTS: All of the items checked in this section must be provided to the

Purchasing Division by the Vendor as specified:

[ ] BID BOND (Construction Only): Pursuant to the requirements contained in W. Va. Code §

5-22-1(c), All Vendors submitting a bid on a construction project shall furnish a valid bid bond in the amount of five percent (5%) of the total amount of the bid protecting the State of West

Virginia. The bid bond must be submitted with the bid.

[ ] PERFORMANCE BOND: The apparent successful Vendor shall provide a performance bond in the amount of 100% of the contract. The performance bond must be received by the

Purchasing Division prior to Contract award.

[ ] LABOR/MATERIAL PAYMENT BOND: The apparent successful Vendor shall provide a labor/material payment bond in the amount of 100% of the Contract value. The labor/material payment bond must be delivered to the Purchasing Division prior to Contract award.

In lieu of the Bid Bond, Performance Bond, and Labor/Material Payment Bond, the Vendor may provide certified checks, cashier’s checks, or irrevocable letters of credit. Any certified check, cashier’s check, or irrevocable letter of credit provided in lieu of a bond must be of the same amount and delivered on the same schedule as the bond it replaces. A letter of credit submitted in lieu of a performance and labor/material payment bond will only be allowed for projects under

$100,000. Personal or business checks are not acceptable. Notwithstanding the foregoing, West

Virginia Code § 5-22-1 (d) mandates that a vendor provide a performance and labor/material payment bond for construction projects. Accordingly, substitutions for the performance and labor/material payment bonds for construction projects is not permitted.

[ ] MAINTENANCE BOND: The apparent successful Vendor shall provide a two (2) year maintenance bond covering the roofing system. The maintenance bond must be issued and delivered to the Purchasing Division prior to Contract award.

[ ] LICENSE(S) / CERTIFICATIONS / PERMITS: In addition to anything required under the

Section of the General Terms and Conditions entitled Licensing, the apparent successful Vendor shall furnish proof of the following licenses, certifications, and/or permits upon request and in a form acceptable to the State. The request may be prior to or after contract award at the State’s sole discretion.

The apparent successful Vendor shall also furnish proof of any additional licenses or certifications contained in the specifications regardless of whether or not that requirement is listed above.

8. INSURANCE: The apparent successful Vendor shall furnish proof of the insurance identified by a checkmark below and must include the State as an additional insured on each policy prior to

Contract award. The insurance coverages identified below must be maintained throughout the life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor shall provide the Agency with proof that the insurance mandated herein has been continued. Vendor must also provide Agency with immediate notice of any changes in its insurance policies, including but not limited to, policy cancelation, policy reduction, or change in insurers. The apparent successful Vendor shall also furnish proof of any additional insurance requirements contained in the specifications prior to Contract award regardless of whether that insurance requirement is listed in this section.

Vendor must maintain:

[ ] Commercial General Liability Insurance in at least an amount of: _______________ per occurrence.

[ ] Automobile Liability Insurance in at least an amount of: _________________per occurrence.

[ ] Professional/Malpractice/Errors and Omission Insurance in at least an amount of:

__________________per occurrence. Notwithstanding the forgoing, Vendor’s are not required to list the State as an additional insured for this type of policy.

[ ] Commercial Crime and Third Party Fidelity Insurance in an amount of: ________________ per occurrence.

[ ] Cyber Liability Insurance in an amount of: ___________________________ per occurrence.

[ ] Builders Risk Insurance in an amount equal to 100% of the amount of the Contract.

[ ] Pollution Insurance in an amount of: _________________ per occurrence.

[ ] Aircraft Liability in an amount of: _________________ per occurrence.

Notwithstanding anything contained in this section to the contrary, the Director of the

Purchasing Division reserves the right to waive the requirement that the State be named as an additional insured on one or more of the Vendor’s insurance policies if the Director finds that doing so is in the State’s best interest.

9. WORKERS’ COMPENSATION INSURANCE: Vendor shall comply with laws relating to workers compensation, shall maintain workers’ compensation insurance when required, and shall furnish proof of workers’ compensation insurance upon request.

10. [Reserved]

11. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency’s right to pursue any other available remedy. Vendor shall pay liquidated damages in the amount specified below or as described in the specifications:

[ ] ___________________________ for ___________________________________.

[ ] Liquidated Damages Contained in the Specifications.

[ ] Liquidated Damages Are Not Included in this Contract.

12. ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page, constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product or service proposed by vendor meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise indicated, and signifies acceptance of the terms and conditions contained in the Solicitation unless otherwise indicated.

13. PRICING: The pricing set forth herein is firm for the life of the Contract, unless specified elsewhere within this Solicitation/Contract by the State. A Vendor’s inclusion of price adjustment provisions in its bid, without an express authorization from the State in the

Solicitation to do so, may result in bid disqualification. Notwithstanding the foregoing, Vendor must extend any publicly advertised sale price to the State and invoice at the lower of the contract price or the publicly advertised sale price.

14. PAYMENT IN ARREARS: Payments for goods/services will be made in arrears only upon receipt of a proper invoice, detailing the goods/services provided or receipt of the goods/services, whichever is later. Notwithstanding the foregoing, payments for software maintenance, licenses, or subscriptions may be paid annually in advance.

15. PAYMENT METHODS: Vendor must accept payment by electronic funds transfer and

P-Card. (The State of West Virginia’s Purchasing Card program, administered under contract by a banking institution, processes payment for goods and services through state designated credit cards.)

16. TAXES: The Vendor shall pay any applicable sales, use, personal property or any other taxes arising out of this Contract and the transactions contemplated thereby. The State of

West Virginia is exempt from federal and state taxes and will not pay or reimburse such taxes.

17. ADDITIONAL FEES: Vendor is not permitted to charge additional fees or assess additional charges that were not either expressly provided for in the solicitation published by the

State of West Virginia, included in the Contract, or included in the unit price or lump sum bid amount that Vendor is required by the solicitation to provide. Including such fees or charges as notes to the solicitation may result in rejection of vendor’s bid. Requesting such fees or charges be paid after the contract has been awarded may result in cancellation of the contract.

18. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise made available. If that occurs, the State may notify the Vendor that an alternative source of funding has been obtained and thereby avoid the automatic termination. Non-appropriation or non-funding shall not be considered an event of default.

19. CANCELLATION: The Purchasing Division Director reserves the right to cancel this

Contract immediately upon written notice to the vendor if the materials or workmanship supplied do not conform to the specifications contained in the Contract. The Purchasing Division Director may also cancel any purchase or Contract upon 30 days written notice to the Vendor in accordance with West Virginia Code of State Rules § 148-1-5.2.b.

20. TIME: Time is of the essence regarding all matters of time and performance in this

Contract.

21. APPLICABLE LAW: This Contract is governed by and interpreted under West Virginia law without giving effect to its choice of law principles. Any information provided in specification manuals, or any other source, verbal or written, which contradicts or violates the

West Virginia Constitution, West Virginia Code, or West Virginia Code of State Rules is void and of no effect.

22. COMPLIANCE WITH LAWS: Vendor shall comply with all applicable federal, state, and local laws, regulations and ordinances. By submitting a bid, Vendor acknowledges that it has reviewed, understands, and will comply with all applicable laws, regulations, and ordinances.

SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to comply with all applicable laws, regulations, and ordinances. Notification under this provision must occur prior to the performance of any work under the contract by the subcontractor.

23. ARBITRATION: Any references made to arbitration contained in this Contract, Vendor’s bid, or in any American Institute of Architects documents pertaining to this Contract are hereby deleted, void, and of no effect.

24. MODIFICATIONS: This writing is the parties’ final expression of intent. Notwithstanding anything contained in this Contract to the contrary no modification of this Contract shall be binding without mutual written consent of the Agency, and the Vendor, with approval of the

Purchasing Division and the Attorney General’s office (Attorney General approval is as to form only). Any change to existing contracts that adds work or changes contract cost, and were not included in the original contract, must be approved by the Purchasing Division and the Attorney

General’s Office (as to form) prior to the implementation of the change or commencement of work affected by the change.

25. WAIVER: The failure of either party to insist upon a strict performance of any of the terms or provision of this Contract, or to exercise any option, right, or remedy herein contained, shall not be construed as a waiver or a relinquishment for the future of such term, provision, option, right, or remedy, but the same shall continue in full force and effect. Any waiver must be expressly stated in writing and signed by the waiving party.

26. SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to the Agency or Purchasing Division such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes internet websites or other electronic documents. Acceptance or use of Vendor’s forms does not constitute acceptance of the terms and conditions contained thereon.

27. ASSIGNMENT: Neither this Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the express written consent of the Agency, the

Purchasing Division, the Attorney General’s office (as to form only), and any other government agency or office that may be required to approve such assignments.

28. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Contract will: (a) conform to the specifications, drawings, samples, or other description furnished or specified by the Agency; (b) be merchantable and fit for the purpose intended; and

(c) be free from defect in material and workmanship.

29. STATE EMPLOYEES: State employees are not permitted to utilize this Contract for personal use and the Vendor is prohibited from permitting or facilitating the same.

30. PRIVACY, SECURITY, AND CONFIDENTIALITY: The Vendor agrees that it will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the Agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the

Agency’s policies, procedures, and rules. Vendor further agrees to comply with the

Confidentiality Policies and Information Security Accountability Requirements, set forth in http://www.state.wv.us/admin/purchase/privacy/default.html.

http://www.state.wv.us/admin/purchase/privacy/default.html

31. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the

Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and

5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE

SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.

Submission of any bid, proposal, or other document to the Purchasing Division constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The

Purchasing Division will disclose any document labeled “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claim against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions are subject to public disclosure without notice.

32. LICENSING: In accordance with…