Special Terms & Conditions - Ewing Mountain.pdf

SPECIAL TERMS AND CONDITIONS

NONPROFESSIONAL SERVICES

A. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

B. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

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

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog and/or Punch-Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov.

D. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

E. BID PRICES: Bid shall be in the form of a firm price per area along with a cumulative total for each item during the contract period.

F. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified.

Furthermore, the Contractor and subcontractors shall maintain the required license throughout the term of the contract. The Contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked.

1. Contractor Name:_________________

2. License # _________________ Type ________________

G. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

H. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the Contractor’s expense.

I. SAFETY DATA SHEETS: Contractor must have herbicide labels and material safety data sheets (SDS) on site at all times during treatment for each chemical being applied, including surfactants. Inspection may be completed by Virginia Department of Forestry at any time. Contractor shall maintain complete herbicide application records at the Site during application and for at least 2 years as specified by VDACS.

J. INDEMNIFICATION: Contractor agrees to indemnify the Commonwealth of Virginia, its officers, agents, and employees for any loss, liability, cost, or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

K. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Federal Government from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Federal Government.

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

ATTACHMENTS:

Attachment A – Vendor Data Sheet

ATTACHMENT A

VENDOR DATA SHEET

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

Name: __________________________________ Phone: _________________________

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

__________ Years ________ Months

4. Vendor Information:

eVA Vendor ID or DUNS Number: ________________________________

5. Indicate below a listing of at least four (4) accounts spanning the past 5 or more years, either commercial or governmental, that your company is providing with similar services, has provided with similar services. Include the length of service and the name, address, and telephone number of the point of contact. At least one (1) project must include plant species listed in ATTATCHMENT E (please indicate this in project name).

A.

Company:__________________________________Contact:________________________

Phone_____)______________________________ Email:________________________________

Project:___________________________________________________________________________

Dates of Service: _________________________________$ Value: _______________________

B. Company________________________________ Contact:

Phone_____)___________________________ Email: _________________________________

Project:___________________________________________________________________________

Dates of Service: _________________________________$ Value: ________________________

C. Company:________________________________ Contact:

Phone_____)______________________________ Email:_________________________________

Project:___________________________________________________________________________

Dates of Service: _________________________________$ Value: ________________________

D. Company:_________________________________ Contact:

Phone_____)______________________________ Email_____________________________

Project:

Dates of Service: _________________________________$ Value: _______________________

I certify the accuracy of this information.

Signed: ______________________________Title: _____________________________ Date: