Specifications ARFQ DEP2200000092 AML Fairmont Gateway Bat Survey.pdf

REQUEST FOR QUOTATION

AML Fairmont Gateway Connector Portal Bat Portal Survey

Revised 10/27/2014

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Department of Environmental Protection Office of Abandoned Mine Lands and Reclamation is soliciting bids to establish a contract for the one-time purchase of Bat Portal Surveys on Seven known Portals within the project area for the WV DEP/AML’s Fairmont Gateway Connector Portal Project in Marion County, WV.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in section 2 of the General Terms and Conditions.

2.1 “Bat Portal Surveys” means surveys performed to determine the presence of any bat species currently on the Threatened and Endangered List as shown in section 3.1.1.1 below.

2.2 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the West Virginia Department of Environmental Protection.

3. GENERAL REQUIREMENTS:

3.1 Mandatory Contract Item Requirements: Contract Item must meet or exceed the mandatory requirements listed below.

3.1.1 Contract Item #1 – Bat Portal Surveys

3.1.1.1 Bat Portal Surveys must follow the protocols set forth by the US

Fish & Wildlife Service & WV Division of Natural Resources, to determine the presence of any bat species currently on the

Threatened and Endangered List. Those guidelines can be found at https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines

3.1.1.2 Bat Portal Surveys must be completed during the 2022 Swarming

Season which is September 15, 2022 thru October 31, 2022.

3.1.1.3 Bat Portal Surveys must be completed by October 31, 2022.

3.1.1.4 Bat Portal Surveys must not include acoustic sampling.

Revised 10/27/2014

3.1.1.5 Bat Portal Surveys must be delivered within thirty (30) calendar days of the survey completion date with one electronic copy and two hardbound copies to the following address: WV Department of

Environmental Protection/Office of Abandoned Mine Lands and

Reclamation c/o Travis Parsons 601 57th Street SE Charleston, WV

25304 or via email at travis.g.parsons@wv.gov.

4. CONTRACT AWARD:

4.1 Contract Award: The Contract is intended to provide Agencies with a purchase price for the Contract Items. The Contract shall be awarded to the Vendor that provides the Contract Items meeting the required specifications for the lowest overall total cost as shown on the Pricing Pages.

4.2 Vendor must complete an AVS (Applicant Violator System) form to request an eligibility evaluation from the Office of Surface Mining Reclamation and Enforcement. This requirement applies to contractors and their sub-contractors and is found under OSMRE's regulations at 30 CFR 874.16.

Vendor must sign and date it. Form must be completed within 30 days of award to be considered for award. The completion of the form will be requested by the Agency after evaluation and prior to award of the purchase order.

4.3 Vendor will be shown the site upon award at the vendor’s request.

5. PAYMENT:

5.1 Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

Revised 10/27/2014

6. DELIVERY AND RETURN:

6.1 Shipment and Delivery: Vendor shall ship the Contract Items immediately after being awarded this Contract and receiving a purchase order or notice to proceed.

Vendor shall deliver the Contract Items within thirty (30) calendar days of completion of survey. Contract Items must be delivered to Agency at WV Department of Environmental Protection Office of Abandoned Mine Lands c/o Travis Parsons 601 57th Street SE Charleston, WV 25304 or via email at travis.g.parsons@wv.gov.

6.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if the shipment of the Contract Items will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the Contract, and/or obtaining the Contract Items from a third party.

Any Agency seeking to obtain the Contract Items from a third party under this provision must first obtain approval of the Purchasing Division.

6.3 Delivery Payment/Risk of Loss: Vendor shall deliver the Contract Items F.O.B.

destination to the Agency’s location.

6.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable, or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the Agency’s discretion.

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within thirty (30) days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

Revised 10/27/2014

7 VENDOR DEFAULT:

7.1 The following shall be considered a vendor default under this Contract.

7.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

7.1.2 Failure to comply with other specifications and requirements contained herein.

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

7.1.4 Failure to remedy deficient performance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2.1 Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under this Contract.

7.2.3 Any other remedies available in law or equity.