VIRGINIA DEPARTMENT OF TRANSPORTATION INVITATION FOR BIDS (IFB)

Transcription

1 VIRGINIA DEPARTMENT OF TRANSPORTATION INVITATION FOR BIDS (IFB) Issue Date: February 27, 2015 IFB# Title: Fire Alarm & Monitoring Services Lynchurg District Complex Set-Aside for Small Business Commodity Code: 93609, Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Lynchburg District Office 4219 Campbell Avenue Lynchburg, VA Attention: Robert Dowdle Location Where Work Will Be Performed: Lynchburg District Complex Period of Contract: The contract period shall be for one (1) year, with the start date to be determined at the time of award with an option for four (4) one year renewal options Pre-Bid Conference: Mandatory Pre-Bid Conference to be held March 17, 2015 at the Lynchburg District Complex at 10am. Refer to Section VI. Pre-Bid Conference for more details. Sealed Bids will be RECEIVED until March 27, 2015 at 2PM for Furnishing the Services Described Herein. Sealed Bids will be OPENED in Public on March 27, 2015 at 2PM at VDOT, Lynchburg District Complex, 4219 Campbell Avenue, Lynchburg, VA All Inquiries for Information Must Be Directed In WritingTo: Robert Dowdle at Via . No Questions Will Be Answered Orally. Questions Should Be Received 5 days prior to the close date. If Bids Are Mailed, Hand Delivered, Sent by FedEx, UPS or other Courier, Send Directly To Issuing Agency Shown Above. In Compliance with this Invitation for Bids and to All the Conditions Imposed therein, the undersigned Offers and Agrees to Furnish the Goods and/or Services at the Price(s) Indicated in the enclosed Pricing Schedule. Name and Address Of Firm: Date: By: (Signature In Ink) Zip Code: Name: eva Vendor ID or DUNS#: (Please Print) Fax Number: ( ) Title: Address: Telephone Number: ( ) Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, or against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

2 TABLE OF CONTENTS Page Instructions to Bidders and Signature Sheet 1 I. Purpose 4 II. Questions Regarding This Invitation For Bid 4 III. Definitions 4 IV. Specifications/Contract Requirements 4 V. Pre-Bid Conference 8 VI. Method for Payment 8 VII. Invoicing 8 VIII. Bidders Instructions 8 IX. General Terms and Conditions 9 X. Special Terms and Conditions 15 Attachments: A. Vendor Qualification Equipment Inventory Certification Form 24 B. VA State Corporation Commission Form 26 C. Normal and Emergency Contacts 27 D. Subcontractor Approval Request E. Firelite Work Experience References F. Bid Evaluation Procedures

3 Commonwealth of Virginia Department of Transportation Event ID Format Type Page Buy IFB Sealed 2 Event Round Version 1 1 Event Name Alarm Services Lynchurg District Start Date/Time Close Date/Time 03/05/ :00:00 ET 03/27/ :00:00 ET Event Currency: Bids allowed in other currency: US Dollar No Event Details (cont.) Bidder: Submit To: Contact: Phone: General Public VA Dept of Transportation VDOT Lynchburg Procurement Section 4219 Campbell Ave Lynchburg VA United States Dowdle, Robert W. (VDOT) robert.dowdle@vdot.virginia.gov Line Details Line: 1 Item ID: Line Qty: 1.00 UOM: Each Unit Price: Extended Price: Required: No Reserve Price: No Description: ALARM EQUIPMENT MISC. SERVICES ALARM EQUIPMENT PREVENTIVE MAINTENANCE Comments: - ALARM EQUIPMENT MISC. SERVICES ALARM EQUIPMENT PREVETIVE MAINTENANCE. PM Line: 2 Item ID: Line Qty: UOM: Hour Unit Price: Extended Price: Required: No Reserve Price: No Description: ALARM EQUIPMENT MISC. SERVICES LEAD TECHNICIAN, FIRE ALARM SYSTEMS Comments: - TECHS, HOURLY RATE FOR 2 TECHS Line: 3 Item ID: Line Qty: UOM: Hour Unit Price: Extended Price: Required: No Reserve Price: No Description: ALARM EQUIPMENT MISC. SERVICES LEAD TECHNICIAN, FIRE ALARM SYSTEMS

4 Commonwealth of Virginia Department of Transportation Event ID Format Type Page Buy IFB Sealed 3 Event Round Version 1 1 Event Name Alarm Services Lynchurg District Start Date/Time Close Date/Time 03/05/ :00:00 ET 03/27/ :00:00 ET Event Currency: Bids allowed in other currency: US Dollar No Event Details (cont.) Bidder: Submit To: Contact: Phone: General Public VA Dept of Transportation VDOT Lynchburg Procurement Section 4219 Campbell Ave Lynchburg VA United States Dowdle, Robert W. (VDOT) robert.dowdle@vdot.virginia.gov Comments: - ALARM EQUIPMENT MISC. SERVICES HOURLY RATE FOR ONE (1) LEAD TECHNICIAN Line: 4 Item ID: Line Qty: 4.00 UOM: Qtrly Unit Price: Extended Price: Required: No Reserve Price: No Description: FIRE AND SAFETY SERVICES FIRE AND SAFETY SERVICES Comments: - MONITORING, QUARTERLY Grand Total $:

5 I. PURPOSE: The Virginia Department of Transportation (herein referred to as VDOT ) is soliciting bids from qualified firms to provide emergency on call service as-needed and preventive maintenance (P.M.) fire alarm & monitoring services for the VDOT Lynchburg District Complex at 4219 Campbell Ave, Lynchburg, VA. The District Complex currently consists of buildings in a campus setting, some with multiple floors. The successful Contractor will provide labor, equipment and materials as necessary to provide P.M., testing, cleaning, immediate response service, repairs, and if required installation. PERIOD OF CONTRACT: The contract period shall be for one (1) year, with the start date to be determined at the time of award (renewable up to 4 times). II. QUESTIONS REGARDING THIS INVITATION FOR BID: Any questions regarding this invitation for bid shall be addressed to Robert Dowdle by to: robert.dowdle@vdot.virginia.gov. The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters addressed. Provide questions pertaining to this IFB to the Contract Officer five (5) days prior to the closing date. III. GENERAL: For the purpose of clarification, each firm submitting a Bid is referred to as a Bidder and the Bidder awarded the contract to supply the services is referred to as a Contractor. Virginia Department of Transportation is referred to as Department or as VDOT, and Representative refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor. IV. SPECIFICATIONS / CONTRACT REQUIREMENTS: Preventative Maintenance (P.M.): The contractor shall provide a complete annual Preventative Maintenance service including: testing, cleaning, minor repairs, inspection, etc. in compliance with any applicable federal and state laws, manufacturer(s) specifications, and applicable NFPA and OSHA regulations and codes. All parts (except batteries) necessary to perform preventative maintenance will be included in the proposed preventative maintenance costs. Preventative Maintenance Service consists of: 1. Smoke detectors shall be brush cleaned once each year. Smoke detectors shall be brushed cleaned by removing the outside cover cleaning the inside and outside of the cover, removing the interior cover cleaning both sides, and cleaning the mounted part of the detector left exposed when the covers are removed. Each detector shall be set to alarm conditions and tested for alarm conditions at the panel & computer. 2. Heat detector servicing. Heat detectors should be shorted and tested for alarm conditions at the panel and computer. 3. Each pull station shall be opened to check: plunger switches, closure latches, and overall working conditions. 4. Batteries checked for proper voltage & leakage. 5. Check wire connections at all devices. 6. Confirm proper system voltage, visually inspect fire panel wiring/circuit boards/connections. 7. System manually activated and each device checked for proper function while activated, confirm system is working properly with the door access system (confirm with onsite Contract Administrator or their designee). 8. Inspection & Test forms shall be filled out completely for each building. 9. System reset and left in proper working order for occupant and building protection. 10. Multiple techs shall be required to check devices to minimize the amount of time the alarm will sound. Inspection and Testing Forms: An inspection & testing 4 part form distributed by AFAA, Lake Mary, Florida, (407) , website shall be used. One copy goes to VDOT s file, one stays at the Firelite panel, and two copies stay 4

6 with the contractor. The form shall be filled out completely for each building at the time of PM service and signed by the contractor. Reports shall be furnished certifying all systems are working and can be verified on the security computer. The shop, warehouse, and Roadside/NDT shall require the contractor to furnish (costs shall be included in the P.M. price) a platform style lift capable of fitting through a 3ft. doorway and able to reach the center of the shop ceiling(estimated height of 25 feet) and fall protection harness to access smoke and heat detectors. Back-up battery replacement shall be every other year, unless one fails in between. The Contractor shall place the install date visible on the battery. Batteries shall be replaced/recycled. The first P.M. shall be completed between and and between this time period in the upcoming years. Once the P.M. is started a continuous operation shall continue during normal business hours on scheduled workdays. A copy of the existing Inspection and Testing Form used for the buildings will be available at the Mandatory Pre-Bid for bidder inspection. The form shows the format and style of report the vendor shall provide for this work. Monitoring Service: The vendor shall be responsible for fire alarm panel monitoring 24/7, 365 days a year. This includes the following buildings: District Office, Lab, Shop/Learning Center Bldg, Survey, Roadside Bldg, and the Sign Shop Bldg. The monitor shall dispatch the fire department (fire signals only) and notify VDOT s designated personnel by and phone of alarms. Trouble or supervisory alarms or communications failures shall be notified by only and have lower priority than fire notification. Communications shall be tested a minimum of every 24 hours between the hours of 12:00 AM 5:00 AM. s shall include the building name, time, and the type of alarm. A twelve month history of all archives shall be available upon request. The vendor shall utilize the existing dialer in the Firelite panels (VDOT S Equipment) and their monitoring equipment shall be fully compatible with our equipment. The vendor shall arrange all monitoring so there is no lapse in service when taking over the contract. The VDOT contract administrator shall approve of the change over date & time. The vendor shall provide a toll free number for alarm systems dialers to report alarms to the Central Station. The full service monitoring center shall be UL Listed: UUFX and an IQ Certified monitoring center located in the State of VA specialized in fire alarms. The actual center provider shall have 10 years of experience, the capability (manpower, equipment/software, training, etc) to receive the alarm, and the capability to dispatch or notify immediately. The monitoring center will have multiple capabilities to be contacted immediately by phone, , and /or other means for response to take a building out of service for maintenance, etc. The employees shall be capable of communicating in English and be understood by VDOT personnel. The following panels shall be monitored: Sign Shop, Lab/Materials Office, District Office, District Shop/Learning Center, Roadside/NDT, and Survey. Billing shall be completed at the end of each quarter for the 3 month period. VDOT cannot pay for services until they have been completed. Line 4 of the Event Details is the Monitoring unit price and shall be for all buildings/panels listed above for a quarter (3 months). The quantity for this line is 4 for 4 quarters and the extended price will be the yearly price a sum of the 4 quarters. Emergency & Repair Service: The contractor shall provide on call service for repairs and if required installation. Quoted hourly rates shall provide for all repairs & installations, taking devices out of service for building repairs, replacements, adding equipment if required, troubleshooting, etc. Contractor shall prepare and submit to VDOT, a written estimate of the man hours and materials which may be required to perform repairs if requested by the VDOT Contract Administrator. If the cost estimate is considered not to be reasonable, VDOT reserves the right to obtain repairs from another source. VDOT reserves the right to perform any type of work within the limits of this operation. The Contractor shall cooperate with VDOT and other contractors as necessary. If the service is deemed to be an immediate response by the VDOT Contract Administrator the response time shall be within two hours from the time of the call. Services shall be paid for by the hour with a one-hour minimum during normal business 5

7 hours from 8 AM 5 PM Monday - Friday. Time and a half will be paid during all other times and for weekends and holidays. Holidays consist of New Year s Day, Memorial Day, July 4TH, Labor Day, Thanksgiving Day, and Christmas Day. Time & a half shall be pre-approved by the VDOT Contract Administrator. The contractor shall furnish supplies and materials unless other arrangements are made by VDOT. Products supplied by the Contractor shall be name brand, quality products that comply with all applicable laws, ordinances, rules, regulations and codes and are compatible with pre-existing materials and equipment in the building involved and have been pre-approved for the use by the VDOT Contract Administrator. VDOT reserves the right to furnish any or all materials to the Contractor for the project. All parts furnished under this contract shall be new and genuine manufacturer s recommended or authorized replacement parts. Use of used parts shall be pre-approved by the VDOT Contract Administrator. Use of manufacturer rebuilt parts and components may be authorized by the Contract Administrator provided these parts carry the same warranty as the new part or component. Prior approval is required on a case by case basis. All parts furnished for repair and emergency repair services shall be provided at the Contractors s actual paid invoiced cost from the manufacturer. Contractor shall maintain a sufficient quantity of repair parts on hand or have ready access to these parts in order to prevent unnecessary downtime. Warranties shall consist of thirty days for labor on repairs, one year for labor on new equipment installations, and the manufacturers warranty on equipment. Contractor Requirments: The contractor shall be an established Fire Alarm Service provider with 10 years service experience and will provide proof of possession of a UL Listed Installing Dealer certificate number and a Class A Virginia Contractors License. All employees working on VDOT s equipment shall be licensed by DCJS. The company shall have documented experience servicing Fire Lite Equipment on a continual basis and provide references demonstrating the experience (see attachment E). Technicians shall have a minimum of two years experience. In addition, one employee shall have seven or more years experience for all on site calls providing Preventive Maintenance or Service Calls. The contractor shall coordinate with the contract administrator before coming on site. The number of technician s on site shall be pre-approved at VDOT s discretion by the Contract Administrator. Radios shall be the method of communication between technicians while trying to minimize noise. All testing shall be scheduled & coordinated with the Lynchburg District VDOT Contract Administrator. Signs shall be posted at all Entrances and Exits to warn occupants about fire alarm testing. The Contractor shall have and maintain suitable modern equipment, tools and incidentals necessary for the satisfactory execution of solicited work. A listing of the Contractors general tools of the trade may be requested to assist in making an award decision. If requested, this list must be received within 2 days of request. All costs associated shall be included within the bid unit prices. Two complete sets of all manufacturer s installation, operation, parts manuals, warranties, and certificates shall be in a notebook or bound folder with the suppliers name, address, and phone number listed for each item and given to the VDOT Contract Administrator if requested. All work shall be accomplished in compliance with all applicable Federal, State and Local laws, ordinances, rules, regulations, manufacturer s recommended procedures, industry standards and codes including the National Fire Protection Association (NFPA) United Laboratories (UL), National Electric Code (NEC), Virginia OSHA standards, and the Virginia Uniform Statewide Building Code issued by the Department of' Housing and Community Development in effect on the date of the purchase order and the adopted updates during the contract. All work performed under this contract shall be done in a manner that will not adversely affect the integrity of the building's structural, mechanical, electrical, fire protection, security, and life safety systems or any other building features that will overload or render useless any portion of the facility. The Contractor shall ensure that all personnel and equipment comply with all OSHA and VOSHA Standards and VDOT safety rules as they apply to the work being done and not create any hazardous conditions with the equipment used. The Contractor shall also provide and ensure that all employees wear the proper safety equipment while on the work site in accordance with OSHA and VOSHA standards. Necessary safety supplies and equipment, shall include, but is not limited to, safety hats, harnesses, vests, steel toe shoes, gloves, glasses etc. This shall include wearing hardhats when working in designated hardhat areas of VDOT. The Contractor shall take every precaution at all times for the protection of persons and property, which 6

8 may come on the building site or be affected by the Contractor's operation in connection with the work by ensuring all work/job areas are maintained clean and free from safety hazards. During execution of the work, the VDOT Contract Administrator will have the authority to suspend the work fully or in part due to the failure of the Contractor to correct conditions unsafe for the workmen and/or general public, for failure to carry out orders for such period, and as he may deem necessary due to unsuitable weather, conditions unsuitable for the execution of work, or for any other conditions or reasons deemed to be in the public s or VDOT s best interest. The Contractor shall not use subcontractors unless authorized by the Contract Administrator. Billing: 1. The yearly P.M. shall be billed at a set rate for the P.M. and include minor repairs such as replacing a screw, reconnecting a wire, etc. 2. Service calls and repairs will only be paid for productive time on the jobsite. All materials and parts for repair (including batteries) shall be billed at the contractor s actual cost. Actual freight charges for specialty shipped in item as defined by the Contract Administrator will be covered as a material cost. The contractor shall provide a copy of the vendor s actual invoice with their bill. 3. Monitoring shall be billed on a quarterly basis. The following panels shall be monitored: Sign Shop, Lab/Materials Office, District Office, District Shop/Learning Center, Roadside/NDT, and Survey. Contractor shall provide a clear and legible work order showing the date and time of arrival and departure, all work performed, the number and types of craftsmen or technicians on the job, and any equipment at the job site. The VDOT Contract Administrator shall sign work orders indicating that the work was satisfactorily performed. The original work order shall accompany the invoice for payment as supporting documentation. Manner of Conducting Work at the Worksite: The contractor shall assign a person as the contact who will have the authority to execute the contracted work. This person s name and phone number shall be provided with normal and immediate response phone numbers. All work shall be performed according to the standard of industry and to the complete satisfaction of the VDOT Contract Administrator. The Contractor shall be responsible for the conduct of all personnel while on the work site. All personnel involved with the work shall obey all rules and regulations of VDOT. It shall be the contractor's responsibility to insure day to day work and performance of employees meets or exceeds the contract requirements fulfilling contract rates. The contractor shall have on the worksite at all times a competent and authorized individual who is able to efficiently, effectively, and in a timely manner understand directions from authorized VDOT representatives and provide these directions, be they oral or written, to the contractor s work force in a manner which facilitates timely and proper execution of the work in a satisfactory manner as per the contractual obligations. Behaviors displayed by contractor s employees, such as catcalling, whistling, leering, and other similar gestures will not be tolerated. Anyone exhibiting such behavior will be barred from the work site permanently. Repeated incidents shall be grounds for termination of the purchase order at the discretion of VDOT. Uniforms shall include long pants (slacks), shirts or blouses with sleeves, with company names. Any person working under this contract shall be neat in appearance at all times. The Contractor shall clean up frequently so the work site shall present a neat, orderly and workmanlike appearance at all times. Floors, walls, etc., shall be swept, wiped down, and the work area/site shall be put back to the level of cleanliness prior to work commencing so the area is ready for use. If a Contractor fails to clean up at the completion of the Work, the Contract Administrator may have it done and charge the associated costs to the Contractor. Special Security Requirements: Any Contractor employee working at VDOT Lynchburg District Complex is required to complete the following background check. Security Requirements - Once an award is made, but prior to executing (signing) a contract and before work may commence the following is required: 7

9 a. Fingerprint-based Criminal History Record Check (CHRC) will be required of all employees of the prime contractor who will be involved in this project, and all subcontractors of the prime contractor, if any, who will be involved in this project. A minimum of four employees should have the CHRC. b. A VDOT-Issued photo-identification badge is required for each employee of the prime contractor who will be involved in this project, and all subcontractors of the prime contractor, if any, who will be involved in this project. c.vdot Security clearance is required for each employee of the prime contractor who will be involved in this project, and all subcontractors of the prime contractor, if any, who will be involved in this project. Security: a) The VDOT reserves the right to conduct fingerprint-based Criminal History Record Check (CHRC) of all employees of the prime contractor who will be involved in this project, and all subcontractors of the prime contractor, if any, who will be involved in this project. b) Based upon the results of the CHRC, VDOT reserves the right to issue, or deny issuance of, a VDOT-issued photoidentification badge and to issue, or deny issuance of, a VDOT Security Clearance. c) All costs associated with the CHRC are the responsibility of the prime contractor. V. PREBID CONFERENCE - MANDATORY: A mandatory prebid conference will be at March 17, 2015 at 10:00AM at the Lynchburg District Office, 4219 Campbell Avenue, Lynchburg, VA.. Check in at the front desk. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. Attendance at the conference will be evidenced by the representative s signature on the attendance roster. No one will be admitted after 10:05AM. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation. VI. METHOD FOR PAYMENT: Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period. VII. INVOICING: Invoices may be submitted monthly to David Gardner at VDOT, 4219 Campbell Avenue, Lynchburg, VA Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing daily by a VDOT Representative and Contractor Foreman on an agreeable format. VIII. BIDDER S INSTRUCTION: 1. BID SUBMISSION - INSTRUCTIONS: The following documents must be received in our office no later than the closing date and time stated on the cover page. The entire bid package with the signed cover sheet, any/all signed addenda and any/all required signed attachments must be received in our office no later than the closing date and time stated on the IFB signature page. The IFB number and closing date should be clearly marked on the outside of the envelope. 2. RECEIPT OF BIDS / LATE BIDS: 8

10 It is the Bidders responsibility to insure that his/her bid is received prior to or at the specific time and the place designated in the solicitation. Bids received after the date and time specified for receipt shall not be considered. Bids not received at the time and place designated, (See Signature Page) even if they are received at other VDOT offices/locations will be considered late. For instructions for Identification of Bid Envelope see Special Term #21. Bids will be opened at the time and place stated on page 1 of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual will be made public for the information of bidders and others interested who may be present either in person or by representative. The VDOT personnel whose duty it is to open the bids will decide when the specified time has arrived. No responsibility will be attached to any VDOT personnel for the premature opening of a bid not properly addressed and identified on the outside of a sealed envelope. The provisions of of the Code of Virginia, as amended, shall be applicable to the inspection of bids received. IX. GENERAL TERMS AND CONDITIONS: A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at under Vendors Manual on the vendors tab. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, ). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. 9

11 c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of F. DEBARMENT STATUS: By submitting their bids, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract. H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs: Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties. I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. J. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. 10

12 c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, ). 2. To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the contractor s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the agency and the subcontractor(s), in writing, of the contractor s intention to withhold payment and the reason. b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth. 3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment. 4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments. K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves 11

13 the right to inspect bidder s physical facilities prior to award to satisfy questions regarding the bidder s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth. O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency s right to audit the contractor s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally. P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have. 12

14 Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth s excise tax exemption registration number is K. R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation. S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers compensation insurance in accordance with and et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGE S AND LIMITS REQUIRED FOR MOST CONTRACTS: 1. Workers Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. 2. Employer s Liability - $100, Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy. U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eva VBO ( for a minimum of 10 days. V. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include 13

15 the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. W. NONDISCRIMINATION OF CONTRACTORS: A bidder, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faithbased organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. X. eva BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eva Internet electronic procurement solution, website portal streamlines and automates government purchasing activities in the Commonwealth. The eva portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eva Internet eprocurement solution by completing the free eva Vendor Registration. All bidders or offerors must register in eva and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected. Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows: a. For orders issued July 1, 2011 thru December 31, 2013, the Vendor Transaction Fee is:. (i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order. b. For orders issued January 1, 2014 and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order. For orders issued July 1, 2011 the vendor transaction fees can be found at The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Z. SET-ASIDES: This solicitation is set-aside for DMBE-certified small business participation only when designated SET-ASIDE FOR SMALL BUSINESSES in the solicitation. DMBE-certified small businesses are those businesses that hold current small business certification from the Virginia Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. For purposes of award, bidders shall be deemed small businesses if and only if they are certified as such by DMBE on the due date for receipt of bids. 14