Solicitation Final_03112024.pdf

DGS-30-256

(Rev. 07/21)

NOTICE of INVITATION for BIDS (“IFB)

IFB #24-ODU-14-DAY

I. Project Description: Sealed bids are invited for the renovation of Old Dominion University’s Buildings 9 & 10 at the Village Apartments, Norfolk, VA 23529.

II. Scope: The Scope of Work shall consist of furnishing all equipment, superintendence, labor, skill and material necessary for the renovation of the existing Village Apartments, Buildings 9 & 10. All work shall be completed in accordance with the attached scope of work and schedule. Anticipated construction period is on or about May 13, 2024, with a final completion of August 1, 2024.

a. Attachments:

1. Scope of Work to include Paint Color Chart, dated March 6, 2024;

2. Schedule dated December 22, 2023;

3. Attachment A – Contractor’s Responsibility Prevailing Wage Requirements;

4. Attachment B - Prevailing Wages & Benefits;

5. Attachment C – Deep Cleaning Checklist;

6. Attachment D – Kitchen & Bathroom Door and Drawer Count.

III. OWNER and Project Primary Points of Contact:

OWNER - Old Dominion University

a. Procurement Officer - Dwayne Young, dyoung@odu.edu

b. Project Manager - Paul MacDonald, pmacdona@odu.edu

IV. Questions:

a. In order to maintain posted Bid due date, all questions related to this project shall be submitted in writing via email and shall be submitted concurrently to each of the named points of contact in above III.

b. All questions are due via email no later than 2:00 PM, Thursday, March 28, 2024.

V. Bid Submission:

a. Sealed bids will be received at Old Dominion University, Department of Procurement Services, 4401 Powhatan Avenue, Suite 111, Norfolk, VA 23529. The deadline for submitting bids is 2:00 P.M., as determined by the Bid Officer, on April 11, 2024.

b. Bids received, signed for and/or time-stamped 2:01 P.M. or later will be deemed late and will be returned unopened to the Bidder.

c. Bid Submission Delivery Methods:

1. Mailing:

Bidder can choose to mail their bid submittal via USPS, FedEx, Ups, or other to:

Old Dominion University 4401 Powhatan Avenue Suite 111 Norfolk, VA 23529

OR

2. Hand Delivery:

i. Bidder has the option to deliver their bid submittal via ‘hand delivery’ directly to Procurement Services, 4401 Powhatan Avenue, Suite 111, Norfolk, VA 23529;

ii. If Bidder chooses to ‘hand deliver’ their bid submittal, they must contact the Procurement Officer via email specifying same;

iii. In email subject line, Bidder must state “Hand Delivery Requested” – IFB

#24-ODU-14-DAY.

iv. The email content must include proposed date and time for ‘hand delivery’;

v. Procurement Officer will acknowledge request and someone in Procurement Services will be available to accept ‘hand delivery’ on the date and time specified by the Bidder.

vi. If Bidder chooses ‘hand delivery’ of bid submittal on the bid closing date, the delivery shall be made on or before 1:45 P.M. to ensure proper receipt and logging of bid submittal.

d. The OWNER shall make every effort to ensure that all Bids are received in a timely manner for consideration. However, it is ultimately the Bidder’s responsibility to ensure that any Bid submittal, whether Mailed or Hand Delivered, is delivered, and received in a timely manner. The OWNER shall not be held responsible for Bid Submittals received after the specified Bid closing date and time.

e. The bids will be opened and read aloud beginning at 2:00 P.M., on April 12, 2024 at the same location. Bidder’s wanting to participate may do so by dialing in at 2:00 P.M. to 1-877-853-5247 and entering Conference ID Code 620 863 4449 when prompted.

f. The Procurement Officer will develop and post the tabulation on eVA’s VBO procurement portal.

g. This process will supersede any guidance provided for same in DEB’s Form CO-7A, paragraph 8.

VI. Pre-Bidders Conference and On-Campus Project Site Walk-Through:

a. Pre-Bidder Conference and On-Campus Project Site Walk-Through:

The University will conduct an on-campus project site walkthrough as follows:

1. The University’s will conduct an on-campus project site walk-through on March 19, 2024 at 10:00 A.M.

2. No additional on-campus project site walk-throughs will be conducted after above specified date;

3. The on-campus project walk-through shall start at/in the 1st floor Community Room of Building 3 (Newport News House). Door to the Community Room is on the corner of 45th and Kellam Ave.;

4. Any questions that Bidder’s may have during the walk-through shall be submitted as specified in above IV. a.&b.

b. Key Components of Solicitation Process and Awarded Contractor Responsibilities:

For Bidders that were unable to participate on the scheduled Pre-Bidders Conference Call, the key components discussed and related to this project were:

1. Governance:

(a) IFB Solicitation: This solicitation process shall be governed by DEB’s Form CO-7A, attached herein. If there is conflicting guidance/language between this solicitation document and the DGS Form CO-7A, this solicitation document shall prevail.

(b) Contract: Any resulting contract shall be governed by (i) the issued CO-9 Contract and (ii) DEB Form CO-7, General Terms and Conditions of the Construction Contract, and eVA electronic Purchase Order.

2. IFB Process:

(a) Question Cut-off Date: In order to maintain posted IFB closing date and time, all questions related to this project shall be submitted in writing via email and shall be submitted concurrently to each of the above-named points of contact specified in IV. a.-b.

(b) All questions must be received on or before March 28, 2024 NLT 2:00 P.M.

(c) All questions that impact scope of the project, schedule, and/or cost shall be responded to via an Addendum.

3. IFB Response and submittal requirements:

Bid Submission Delivery Methods:

(a) Mailing:

Bidder can choose to mail their bid submittal via USPS, FedEx, Ups, or other to:

Old Dominion University 4401 Powhatan Avenue Suite 111 Norfolk, VA 23529

OR

(b) Hand Delivery:

i. Bidder has the option to deliver their bid submittal via ‘hand delivery’ directly to Procurement Services, 4401 Powhatan Avenue, Suite 111, Norfolk, VA 23529;

ii. If Bidder chooses ‘hand delivery’ of bid submittal on the bid closing date, the delivery shall be made on or before 1:45 P.M. to ensure proper receipt and logging of bid submittal.

(c) Response submittals shall include:

(1) The attached Bid form:

i. completed as required and fully executed;

ii. acknowledgement of any associated Addenda;

iii. acknowledgement of participation in the on-campus project site walk-through.

(2) A copy of current Certificate of Insurance with appropriate coverages and limits; and

(3) A copy of current SWaM designation, as applicable.

(4) References, as described in below, section 6;

(5) A copy of current DPOR License;

(6) Bid Bond equal to 5% of Bid Amount and completed on DEB Form CO-10.2; and

(7) Attachment B, Prevailing Wages & Benefits, as described in below VIII.

4. IFB Opening:

(a) The bids will be opened at 2:00 P.M. on April 12, 2024 at the same location.

(b) The bids will be opened and read publicly, as specified in above V.e.

5. Executive Order 35 and SWaM Requirements:

(a) The Governor’s Executive Order 35 dated July 3, 2019 provides guidance and initiatives for continued enhancement of “small business” opportunities;

(b) Bidders shall provide a small business procurement plan in conjunction with their sealed bid meeting the requirements of DEB’s Form CO-7A, paragraph 17.

(c) The small business procurement plan is the Bidder’s proposed percentage of participation by small businesses in the overall total base bid amount and is indicated on the Bid Form.

(d) An entry on the line for “Contractor’s Proposed Small Business Participation” is required for the bid to be considered responsive.

(e) If the Bidder is a DSBSD certified small business, the proposed percentage of small business participation shall be entered as 100%.

(f) A bidder may enter a proposed percentage of small business participation of 0% and be considered responsive unless the Bid Form states the Owner’s required percentage of small business participation, in which case the bidder shall enter a percentage equal to or greater than the Owner’s required small business participation percentage in order to be considered responsive.

(g) The University’s target goal is 50% subcontracting to small businesses by awarded contractor.

6. References:

(a) As part of their bid, Bidders are asked to provide a minimum of five (5) references for successfully completed projects similar in scope and contract amount to this project.

Additional References may be included, but the five (5) most related projects should be highlighted first.

(b) In addition, if at any time during the past ten (10) years the Bidder and/or any of the Bidders’ currently named principals has conducted business and/or held a contract agreement of any type with Old Dominion University, either under the Bidder’s current legal name or a previous legal name including any sole proprietorship, corporation, partnership, limited liability corporation, or joint venture, etc., then Bidder shall include as a named reference, Old Dominion University.

(c) If Old Dominion University is named as a reference in a Bidder’s response, then Bidder’s past performance for any and all Old Dominion University contracts held and/or completed during the specified ten (10) year period may be used to determine Bidder’s responsibility and subsequent award of this contract.

7. Bid Form/Costs:

(a) The attached Bid Forms, DGS-30-220, shall be completed and executed as required;

(b) Bidder shall include in their cost the associated eVA transaction fee;

(c) Bidder shall include in their cost the associated University Parking fees;

(d) The Bid Forms shall be included in the Bidder’s bid response;

(e) Failure to provide Bid Forms with bid response shall be grounds for deeming Bidder non-responsive, removing Bidder from ay award consideration.

8. eVA Downloads:

(a) Any Addenda, Drawings, Specifications, Modifications, etc., shall be posted to and can be downloaded from the eVA procurement portal;

(b) It shall be responsibility of the Bidder to monitor the eVA procurement portal for any

Addenda and/or other related documentation associated with this solicitation.

9. Project Schedule:

(a) By submitting a bid any bidder acknowledges and understands that if awarded the contract that:

(1) The NTP will be issued on or about April 29, 2024;

(2) Based on NTP date, Final Completion shall be required on or before

August 1, 2024.

10. General Expectations:

(a) Use of Premises:

(1) Confine operations to the areas identified within the Construction limits.

(2) Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Keep driveways, entrances, and roadways free from debris.

(b) Work Restrictions:

(1) Work hours – 7:00 am to 5:00 pm M-F, except as otherwise pre-approved

/ directed;

(2) Provide orderly flow of vehicular traffic; monitor the site; provide safety

/ security measures.

(3) The building will be occupied during renovation. Therefore, it will be crucial to coordinate the Work with the Owner (Project Manager – Paul MacDonald) to minimize disruptions to building occupants. Further, the Contractor shall not impede safe access to and emergency egress from surrounding spaces.

(4) Coordinate with the Owner at least 72 hours (3 business days) in advance of any utility / service outages, other work that may be disruptive to University operations. Furthermore, all HVAC outages required to perform the work must be approved by ODU in advance and conducted during periods in the Academic Calendar where classes and exams are out of session.

(5) Provide two-week look-ahead at progress meetings to aid in the coordination process.

(c) Temporary Facilities & Controls:

(1) Parking – Contractor Extended Parking Permit Options:

i. There will be limited on-site parking for company work vehicles only. All Contractors are required to possess parking passes to park on campus. Parking passes may be acquired for use in multiple Contractor vehicles, but that pass can only be displayed in one (1) vehicle at a time when on campus.

ii. Consequently, it is the responsibility of the bidder to factor all parking needs into its bid, and to attain those passes accordingly.

iii. Listed below are the current rates for parking options. Rate increases are proposed starting July 1, 2024. Plan accordingly. A Change Order cannot be provided to cover any additional costs.

a. Monthly pass = $63 per month f o r v e n d o r s /

C o n t r ac t o r s wo r k i n g o n ca m p u s

b. We e kl y pa s s = $ 2 5 pe r we ek

c. Daily Virtual Pass = $10 per day (can be bought for multiple days)

d. Hourly Parking = $2.00 per hour

(2) Site plan submittal: staging, combustible materials, lay-down area, etc., submission to the University required of successful Contractor prior to the ordering of materials.

(3) Laydown Area: To be identified and discussed during the Pre-Bid Conference walk-through. Location will be confirmed by Owner’s Project Manager at the Pre-Construction meeting to be held with the successful Bidder.

(4) Keep the site clean.

(5) Temporary Toilets: The Contractor will be required to provide its own bathroom facilities. The exact location for placement is yet to be determined but will be discussed with the successful Contractor during the Pre-Construction meeting.

(6) Protection of exterior features such as sidewalks, roadways, grounds (shrubs, trees, plantings), etc., and interior features such as paint, finishes, walls, glass, floors, other existing equipment, etc., not currently targeted for demolition as part of this project must be maintained in as found condition. Contractor shall be responsible for replacement/repairs to the satisfaction of the Owner.

VII. Contract Award:

a. The contract shall be awarded on a lump sum basis to the lowest responsive and responsible Bidder based on the Total Base Bid Amount, as follows: the Total Base Bid Amount including any properly submitted and received bid modifications plus such successive Additive Bid Items as the Owner in its discretion decides to award in the manner set forth in DEB’s FORM CO-7A, paragraph 12.

b. Any resulting Contract Award shall be made in accordance with the requirements of the Virginia Public Procurement Act (“VPPA”), and the documentation for same shall be as specified by the Division of Engineering and Buildings (“DEB”), to include when applicable, DGS forms (i) CO-9, Contract Between Owner and Contractor, (ii) CO-9a, Workers Compensation Certificate of Insurance, (iii) CO-9.2, Notice To Proceed, (iv) CO-10, Standard Performance Bond, (v) CO-10.1, Standard Labor and Material Payment Bond., and (vi) CO-17, Building Permit on State Property.

c. The Owner may, at its discretion, issue to the Contractor the form CO-9 prior to DEB’s approval of the CO-17. The form CO-9.2, however, shall not be issued to the Contractor until Owner has received the DEB approved CO-17. Should DEB fail to approve the Owner’s CO-17 request, under the CO-9 with the Contractor, the Owner shall only be obligated to compensate the Contractor for funds expended for those purchases of Owner approved equipment, materials, and supplies and/or costs associated with required submittal and review/approval process for same.

VIII. Prevailing Wage:

a. Pursuant to Virginia Code 2.2-4321.3, the selected Bidder, and subsequently the awarded Contractor, shall be responsible for complying with the referenced code section requirements, including payment of current Prevailing Rate of Wages and Benefits on the project as determined by the Department of Labor and Industry

(“DOLI”).

b. The Contractor’s responsibility and DOLI’s Prevailing Wage determination for this project are included herein in Attachment A.

c. Additionally, Bidder shall be required to complete and return with their Bid Response, the Wages and Benefits that will be paid to any of the crafts or trades listed in Attachment B.

d. The Wages & Benefits specified in Attachment B may be used by the Owner for any future change orders to the contract.

e. If the Wages & Benefits specified in Attachment B differ from those Wages & Benefits that the

Contractor is required to certify and provide to DOLI upon award of the Contract, the Owner will have the option to use the lower Wages & Benefits specified to be paid to any of the crafts or trades in determining “price reasonableness” for any changes orders submitted for the project by using either (i) the Attachment B submitted with Contractor’s bid response, or (ii) the Contractor’s certified DOLI submittal.

IX. Bonding:

a. A Bid Bond equal to five percent (5%) of the amount of the bid.

b. Both the Standard Performance Bond and Standard Labor and Material Payment Bond in the amount of one hundred percent (100%) of the accepted bid will be required of successful low bidder.

X. Licensing: The successful bidder shall be licensed in Virginia as a Class “A” Contractor and shall hold at the time of bid submission, the Commercial Building Contractors CBC license classification, and if applicable, shall contract with subcontractors for any specialty classifications that may be required, but not held, e.g., CIC, FRM, IBC, PTC, because the Owner’s project is not a dwelling or a townhouse, the Residential Building Contractors (“RBC”) license classification does not meet the requirements of this project, and therefore will not be considered. It is the bidder’s responsibility to attain the proper licensing prior to submission of a bid.

XI. Withdrawal or Modification of Bid: Bids may be withdrawn or modified in accordance with the procedure specified in DEB’s FORM CO-7A, paragraph 6.

XII. Division of Engineering and Buildings (“DEB”): Any referenced DEB documents may be found at and downloaded from https://dgs.virginia.gov/search/documents-and-forms/?filter=DEB

The Invitation for Bids for this project, including drawings and specifications containing the information necessary for bidding, may be obtained starting March 12, 2024. Plans and the specifications may be downloaded from the eVA procurement portal.

Copies of the Invitation for Bids documents, including the plans and the specifications, will also be available for inspection at the following locations:

Old Dominion University 4401 Powhatan Avenue, Suite 111 Norfolk, VA 23529 https://dgs.virginia.gov/search/documents-and-forms/?filter=DEB

DGS-30-255

(Rev. 07/22)

CO-7A

INSTRUCTIONS TO BIDDERS

The Invitation For Bids (“IFB”) consists of the Notice, these Instructions To Bidders, the Bid Form, the Pre-Bid Question Form, the General Conditions of the Construction Contract, the Supplemental General Conditions (if any), the Special Conditions (if any), the Forms to be used, and the Scope of Work as described by the Plans and Specifications, other documents listed in the Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work of the Contract.

As used herein, the terms “bidder” and “Contractor” both shall refer to the Person submitting a bid.

eVA Vendor Registration: The bidder shall be a registered vendor in eVA. See the attached eVA Vendor Registration Requirements.

1. CONDITIONS AT SITE OR STRUCTURE: Bidders shall visit the Site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the Site, structure or building, and the character and extent of existing conditions, improvements or work within or adjacent to the Site. No Claims shall be submitted as a result of Bidder’s failure to have done so, but shall be deemed waived and will not be considered by the Owner. See Section 7 of the General Conditions entitled "Conditions at Site."

2. EXPLANATIONS TO BIDDERS: No oral explanation in regard to the meaning of drawings and specifications will be made and no oral instructions will be given before the award of the Contract. The Owner shall not be responsible for any conclusions, assumptions or interpretations made by bidders during the preparation of bids that are contrary to the Drawings and Specifications and their clear intent.

Discrepancies, conflicts, errors, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the A/E for interpretation. Bidders must use the "Prebid Question Form" provided in the bid documents. Bidders must so act to assure that questions reach the A/E at least six (6) days prior to the time set for the receipt of bids to allow a sufficient time for an addendum to reach all bidders before the submission of their bids. If, however, there are two (2) weeks or less between the first bid advertisement and the time set for receipt of bids, then bidders must submit questions so that they reach the A/E no later than three (3) days prior to the time set for receipt of bids. Any interpretation made will be in the form of an addendum to the Specifications which will be forwarded to all bidders, and its receipt shall be acknowledged by the bidder on Bid Forms. If such discrepancies, conflicts, errors, omissions or doubts are reasonably apparent or should have been reasonably apparent to the bidder, and the bidder failed to submit questions to the A/E in the time and manner required herein and the Contract is awarded to the bidder, then any claims shall be deemed waived and the bidder shall not be entitled to additional compensation or time, or entitled to sue the Owner based on such discrepancies, conflicts, errors, omissions, or doubts.

3. TIME FOR COMPLETION:

(a) "Time for Completion" shall be designated by the Owner on the Invitation for Bids or other Prebid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a Contract Completion Date based on a stipulated date of Notice to Proceed.

Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

(b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has been set by the Owner based on date of the Notice to Proceed and the Time for Completion.

(c) The Contractor, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather conditions and events for the past ten (10) years. Normal weather conditions shall be determined from the public historical records available, including the U.S. Department of Commerce, Local Climatological Data Sheets, Oceanic and Atmospheric Administration/Environmental Data and Information Service, National Climatic Center and the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the Site. No additional compensation, costs or damages will be paid to the Contractor because of normal weather conditions, including normal adverse weather to be anticipated during the Project. An extension of time for abnormal adverse weather conditions which directly impact the Work will be considered by the Owner as set forth in the General Conditions.

(d) If the Owner designates the public historical climatological records to be used to establish normal weather patterns, the bidder shall use those records in estimating and preparing its bid. If the Owner requests each bidder to indicate the weather pattern records used in preparation of a bid, each bidder may select the public historical climatological records upon which it will rely in preparing its bid.

In the latter situation, each bidder shall designate in the space provided which of such climatological data records were used in preparing the bid. A bidder's failure to designate climatological records when submitting a bid shall not disqualify a bid, but shall constitute a waiver of any claim or request for an extension of time as the result of abnormal adverse weather. In either case, the bid submitted and the Time for Completion shall be presumed to have been based upon normal weather patterns, including normal adverse weather, as derived from the climatological records used.

4. PREPARATION AND SUBMISSION OF BIDS:

(a) Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink, or in the case of bids submitted electronically, signatures shall be in accordance with Code of Virginia § 59.1-479 et seq. The Owner’s agreement to accept electronic bids, if made, will be indicated in the IFB. Erasures or other changes in a bid must be explained or noted over the signature of the bidder.

Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the Owner as being incomplete or nonresponsive.

(b) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies their title as "President," "Secretary," "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the Owner, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.

(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a Contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred fifty thousand dollars ($750,000) or more, the bidder is required under Code of Virginia §§ 54.1-1100, et seq., to be licensed in Virginia as a "Class A Contractor." If a Contract is for ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000), or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is one hundred fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over its signature whichever of the following notations is appropriate and insert its Contractor license/registration number:

Licensed Class A Virginia Contractor No.

or Licensed Class B Virginia Contractor No.

If the bidder is not properly licensed in Virginia at the time the bid is submitted, or if the bidder fails to provide this information on its bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the Owner in writing when requested to do so before the opening of bids, the bidder shall be deemed to be in violation of Code of Virginia § 54.1-1115 and its bid will not be considered.

(d) Following guidance from the Board for Contractors, the Owner may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of its Subcontractors along with the license number and classification or specialty of each. See DEP’T OF PROF’L AND OCCUPATIONAL REGULATION, BD. FOR CONTRACTORS POLICIES & INTERPRETATIONS, No. 2959 (July 11, 2016) (“A licensed contractor may bid on work, or enter into a contract for work, which is outside the scope of [its] license classification(s) provided that [it] subcontracts that work, to properly licensed contractors, and the work of the subcontractors is incidental to the contract.”).

(e) The bidder must place its Employer Identification Number (SSN or FEIN) in the space provided on the Bid Form.

(f) Every bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must 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, as amended, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 must include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder is not required to be so authorized. A bidder required to be authorized to transact business in Virginia that fails to provide the required information shall not receive an award unless a waiver of this requirement and of any administrative policies and procedures established to implement Code of Virginia § 2.2-

4311.2 is granted by the chief executive of the Owner.

If awarded the Contract, the bidder 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. Doing so shall be deemed to be a violation of Code of Virginia § 2.2-4311.2 and the bidder understands and agrees that the Owner may void the Contract if the bidder fails to comply with this provision.

(g) Code of Virginia, § 2.2-4376.2 shall be applicable to the Work of the Contract.

5. BID GUARANTEE:

(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds five hundred thousand dollars ($500,000) shall be accompanied by a Commonwealth of Virginia Standard Bid Bond, Form CO-10.2, payable to the Owner as oblige in an amount equal to five percent (5%) of the amount of the bid (the “Bid Bond”). The Owner agrees to accept a Bid Bond on which the Surety has utilized electronic signatures and/or electronic notarization if the electronic notarization meets the requirements of Virginia Code §§ 47.1-6.1, -7, and -12, and the Commonwealth of Virginia State Corporation Commission Bureau of Insurance and the Bid Bond contains any SURETY BOND SEAL ADDENDUM established by the Commonwealth of Virginia State Corporation Commission Bureau of Insurance. For construction contracts in excess of $100,000 but less than $500,000, where bid bond requirements have been waived by Owner as stated in the IFB, prospective Contractors shall be prequalified in accordance with Code of Virginia § 2.2-4317. A Bid Bond may be required for Contracts having bids of less than five hundred thousand dollars ($500,000) if such requirement is stated in the IFB. The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee the following: that the bidder will not withdraw its bid during the thirty (30) day period following the date of the opening of bids; that if the bid is accepted, the bidder will enter into the Contract with the Owner described in the IFB; that the bidder can and will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material Payment Bond on the forms included in the IFB. If the bidder withdraws its bid within the thirty (day) period following bid opening, fails to enter into the Contract, or fails to provide the required Standard Performance Bond and Standard Labor and Material Payment Bond within ten

(10) days after the bidder’s receipt of notice of acceptance of its bid, the bidder and the bidder’s surety shall be jointly and severally be liable to the Owner for the difference between the amount specified in the bidder’s bid and such larger amount for which the Owner may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee of 5% of the bidder’s total bid amount, as the damage to the Owner resulting from the bidder’s default. See Code of Virginia §2.2-4336.

(b) Code of Virginia § 2.2-4338 contains provisions allowing for alternative forms of bid security in lieu of a Bid Bond. A bidder’s use of an alternative form of Security as listed in Code of Virginia § 2.2-4338.B must be approved by the Owner prior to the bidder’s submission of its bid on the Bid Receipt date and time to be accepted in lieu of a Bid Bond.

(c) The Bid Bond or other alternative bid security will be returned to all but the three lowest bidders after the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the Owner and the accepted bidder have executed the Contract and the required Standard Performance Bond and the Standard Labor and Material Payment Bond for the Contract have been received and approved by the Owner.

(d) If the Contract and required bonds have not been executed by the accepted bidder within thirty

(30) days after the date of the opening of the bids, then the Bid Bond or other bid security of any bidder will be returned upon a bidder’s request, provided the bidder has not been notified of the acceptance of its bid prior to the date of such request.

6. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified by written or telefaxed notice received at the designated location from bidders prior to the deadline fixed for bid receipt.

E-mail withdrawals and modifications are not acceptable. The withdrawal or modification may be made by the person who signed the bid or by an individual(s) who is authorized by the bidder on the face of the bid.

Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document. Written modifications, whether the original is delivered or telefaxed, must be signed by the person making the modification or withdrawal. The modification must state specifically what is to be modified and by what amount or it must state the item to be modified and what the corrected amount should be.

7. RECEIPT OF BIDS:

(a) Bids will be received at or before the date and the hour and at the place stipulated in the IFB as may be modified by subsequent Addenda.

(b) It is the responsibility of the bidder to assure that its bid and any bid modifications are delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact on its bid deliverer / courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

(c) The Bid Officer is the Owner's representative designated to receive bids at the time and place noted in the IFB and to open the bids received at the appointed time.

(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and their assistants at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the Bid Officer makes the deadline announcement.

(e) In the event the bid receipt occurs during a period of suspended state business operations, the receipt and opening will be delayed one business day.

8. OPENING OF BIDS:

(a) Bids will be opened at the time and place stated in the IFB or as modified by subsequent Addenda, and their contents publicly announced. The Bid Officer shall decide when the specified time for bid opening has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified. Bid opening shall be no sooner than twenty-four (24) hours after the time set for receipt of bids.

(b) The provisions of Code of Virginia § 2.2-4342, as amended, shall be applicable to the inspections of bids received.

(c) In the event the bid opening occurs during a period of suspended state business operations, the opening will be delayed until the next business day.

9. ERRORS IN BIDS: A bidder may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

In accordance with Code of Virginia § 2.2-4330(B)(2), the bidder must submit to the Owner its original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart from the envelope containing the bid and marked clearly as to the contents and shall be delivered to the

Owner by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed. The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the Owner for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw its bid. The Contract shall not be awarded by the Owner until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the Owner prior to bid opening. This procedure in Code of Virginia § 2.2-4330(B)(2) shall not apply to when the entire bid is required to be submitted on a unit price basis.

Failure of a bidder to submit its original work papers, documents and materials used in the preparation of its bid on or before the time, date and place required shall constitute a waiver by that bidder of its right to withdraw its bid due to a mistake.

No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the Owner in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.

If the apparent low bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bid on the project.

10. REJECTION OF BIDS: The Owner reserves the right to cancel the IFB, to reject any and all bids at its sole discretion when such rejection is in the interest of the Owner, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See Code of Virginia § 2.2-4319.

11. DETERMINATION OF RESPONSIBILITY

Each bidder shall be prepared, if so requested by the Owner, to present evidence of its experience, qualifications and financial ability to carry out the terms of the Contract.

Prior to award of the Contract, an evaluation will be made to determine if the low bidder has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. Factors to be evaluated include, but are not limited to:

(a) sufficient financial ability to perform the contract as evidenced by the bidder's ability to obtain payment and performance bonds from an acceptable surety;

(b) appropriate experience to perform the Work described in the bid documents;

(c) any judgments entered against the bidder, or any officers, directors, partners or owners for breach of a contract for construction;

(d) any substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause where the substantial noncompliance is documented; or

(e) a conviction of the bidder or any officer, director, partner, project manager, procurement manager, chief financial officer, or owner in the last five years of a crime relating to governmental or nongovernmental construction or contracting; and/or

(f) any current debarment of the contractor, any officer, director or owner, from bidding or contracting by any public body of any state, any state agency, or any agency of the federal government.

The Owner reserves the right to disqualify or refuse to accept the bid of any bidder who has been convicted, or entered a plea of guilty or nolo contendere, in any federal or state court to any charge involving any unlawful, corrupt or collusive practice involving a public contract whether federal, state, or local, or who has been determined in any judicial proceeding to have violated any antitrust, bid-rigging or collusive practice statute in connection with any public contract, or against whom such formal criminal prosecution or other judicial proceeding has been initiated.

A bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder shall be notified in writing in conformance with the procedures in Code of Virginia § 2.2-4359.

12. AWARD OF CONTRACT

(a) Basis for Contract Award: The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder, if any, provided its bid is reasonable and it is in the best interest of the Owner to accept it and subject to the Owner's right to reject any and all bids and to waive informality in the bids and in the bidding. The Bid Form contains a multi-part Base Bid and may contain Additive Bid Items. Determination of the lowest responsible bidder, if any, will be based on the Total Base Bid Amount entered on the Bid Form including any properly submitted bid modifications plus as many Additive Bid Items taken in sequence as the Owner in its discretion chooses to Award. Where the sum of the values entered in the multiple parts do not agree with the Total Base Bid amount, the Total Base Bid amount entered on the bid form, including any properly submitted bid modifications, shall take precedence.

In the event that the Total Base Bid from the lowest responsible bidder exceeds available funds, the Owner may negotiate the Total Base Bid amount with the apparent low bidder to obtain a Contract Price within available funds, pursuant to Code § 2.2-4318 and Section 12(c) herein.

(b) Informalities: The Owner reserves the right to waive any informality in the bids when such waiver is in the interest of the Owner.

(c) Negotiation With Lowest Responsible Bidder: If award of the Contract to the lowest responsive and responsible bidder is precluded because of limitations on available funds, under the provisions of Code § 2.2-4318 the Owner reserves the right to negotiate the Total Base Bid amount with the lowest responsive, responsible bidder to obtain a Contract Price within the available funds. This may involve changes in either the features or scope of the work included in the Base Bid. Such negotiations with the apparent low bidder may include reducing the quantity, quality, or other cost saving mechanisms involving items in the Total Base Bid. Negotiations for Additive Bid Items are excluded. The Owner shall notify the lowest responsive and responsible bidder that such a situation exists and the Owner and bidder shall then conduct their negotiations in person, by mail, by telephone or by any means they find convenient. If an acceptable Contract can be negotiated, any changes to the IFB documents agreed upon in the negotiations shall be summarized in a "Post Bid Modification" and included in the Contract. If an acceptable Contract cannot be negotiated, the Owner shall terminate negotiations and reject all bids.

(d) Notice of Intent to Award or Notice of Award: The Notice of Award or the Notice of Intent to

Award will be posted at the Agency’s standard location for posting notices as shown on the “Notice of Invitation to Bid”. In addition, the Agency may also post such notice on the Agency’s Website and/or the DGS central electronic procurement Website. Any bidder who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body no later than ten days after the posting of the Notice of Award or Notice of Intent to Award, whichever comes first. See Code of Virginia § 2.2-4360.

13. CONTRACT SECURITY: For contracts which exceed five hundred thousand dollars ($500,000), the Standard Performance Bond (CO-10) and the Standard Labor and Material Payment Bond (CO-10.1) shall be required, as specified in the IFB. For construction contracts in excess of $100,000 but less than $500,000, where Bid Bond requirements are waived, prospective contractors shall be prequalified in accordance with Code of Virginia § 2.2-4317. See General Conditions and Code of Virginia § 2.2-4337 and § 2.2-4338. The Owner reserves the right to require such bonds for contracts less than five hundred thousand dollars ($500,000). If the Owner so elects, the requirement shall be set forth in the IFB.

14. CERTIFICATION: The bidder, by its signature on the Bid Form, certifies that neither its organization nor any of its officers, directors, partners or owners is currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government. See "Disqualification of Contractors" in the Bid Form.

15. ETHICS IN PUBLIC CONTRACTING: The provisions, requirements and prohibitions as contained in

Code of Virginia §2.2-4367 et seq., pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

16. BUILDING PERMITS: Because this is a Project of the Commonwealth of Virginia, codes or zoning ordinances of local political subdivisions do not apply. However, the Virginia Uniform Statewide Building Code shall apply to the Work and shall be administered by the Building Official for State-owned Buildings.

The Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision shall be obtained and paid for by the Contractor. See Section 25 of the General Conditions for utility connection fees and services.

17. UTILIZATION OF SMALL BUSINESSES: It is the policy of the Commonwealth of Virginia to maximize the participation of small businesses in state contracting. The participation of these businesses directly and through partnerships, joint ventures, subcontracts and other contractual opportunities may be encouraged for this Project based on the Owner’s requirements (if applicable) on the Bid Form. Bidders shall provide a Small Business Procurement Plan in conjunction with their sealed bid. The Small Business Procurement Plan shall identify the bidder’s proposed percentage of participation by small businesses in the Total Base Bid amount, and is indicated on the Bid Form. An entry on the line for “Contractor’s Proposed Small Business Participation” is required for the bid to be considered responsive. If the bidder is a DSBSD certified small business, the proposed percentage of small business participation shall be entered as 100%.