IFB # Carpentry Page 1

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1 INVITATION FOR BIDS (IFB) Issue Date: August 23, 2012 IFB# Carpentry Title: SET-ASIDE FOR SMALL BUSINESSES Carpentry Commodity Code: 91054, 91006, Issuing Agency: COMMONWEALTH OF VIRGINIA Department of Military Affairs Optional Pre-Bid Conference: Attn: Denise A. Hill, VAFA 10 a.m., September 5, 2012 Building 316, Fort Pickett Location: Bldg. #1700 Blackstone, VA Location Where Work Will Be Performed: Various Locations See Attachment 1 Period of Contract: From October 1, 2012 through September 30, 2013 (Renewable Option for Four (4) Successive One (1) Year Periods). Sealed Bids Will Be Received Until: September 18, 2012 at 10 a.m. local time For Furnishing the Goods/Services Described Herein. All Inquiries For Information Should Be Directed To: Denise A. Hill at or at the above address. IF BIDS ARE MAILED, SEND DIRECTLY TO THE ADDRESS OF THE ISSUING AGENCY SHOWN ABOVE TO THE ATTENTION OF DENISE HILL, CONTRACTING OFFICER. IF BIDS ARE HAND DELIVERED, DELIVER TO: FORT PICKETT, BUILDING 316 ON 10 TH STREET. ENTER MAIN DOOR ENTRANCE TO BUILDING AND ASK SERCURITY GUARD TO CALL DENISE EXTENSION 6154 PRIOR TO 10:00 AM. YOU MUST ALLOW ADEQUATE TIME FOR DELIVERY, AS PRIVATE COURIERS CANNOT GUARANTEE NEXT DAY DELIVERY TO BUILDING 316. Bids will be date/time stamped upon receipt by the Department of Military Affairs. Bid submittals shall be inclusive of all pages of this solicitation and forms shall be completed/signed in ink. Bid results will not be disclosed over the telephone. Bidders wishing to obtain results should go to eva VBO, In Compliance With This Invitation For Bids And To All The Conditions Imposed Herein, The Undersigned Offers And Agrees to Furnish the Services at the Price(s) Indicated On Bid Form. State Corporation Commission (SCC) ID#: (See General Terms and Conditions Y and Special Terms and Conditions #26) or statement describing why bidder is not required to have a SCC ID# must be furnished with your bid, otherwise it will be found nonresponsive. Virginia Contractor License No. eva Member [ ] Yes [ ] No Class: Specialty Codes: eva Vendor ID or DUNS#: eva registration information is on page 15. To be awarded this contract, Contractor shall be a registered eva vendor by the due date/time of receipt of bids and be a licensed Virginia Contractor. See General Terms and Conditions U, for eva registration details. To be awarded this contract, Contractor shall be a DMBE-certified Small Business by the due date and time of receipt of bids. If you qualify as a SWaM vendor, you are encouraged to register with the Department of Minority Business Enterprise, IFB # Carpentry Page 1

2 NAME AND ADDRESS OF FIRM: Date: By: Zip Name: Title: (Signature in Ink) (Please Print) Telephone: ( ) - Fax: ( ) - (Toll Free If Available) (Toll Free If Available) Check all that apply: Small Business [ ] Minority-Owned Business [ ] Woman-Owned Business [ ] DMBE Certification Number Expiration Date / / Certification Date / / Addendums: Any changes resulting from the Department of Military Affairs requirements will be issued in an addendum and will be posted on the eva website, ( It is the sole responsibility of the bidder to check these web pages for all changes to the IFB prior to submission. Failure to do so may cause your bid to be determined non-responsive. The Agency will not mail or fax these documents. OPTIONAL PREBID CONFERENCE: An optional prebid conference will be held Wednesday, September 5, 2012 at 10 a.m. in building #1700; intersection of Military Road and East Parade. If you require ADA accommodations, please contact Denise Hill at least twenty-four (24) hours prior to the pre-bid conference. The Department of Military Affairs does not discriminate against faith-based organizations in accordance with the Code of Virginia, or against a bidder or because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. IFB # Carpentry Page 2

3 TABLE OF CONTENTS IFB# Page I. PURPOSE 4 II. SCOPE OF WORK 4 III. OPTIONAL PRE-BID CONFERENCE 4 IV. GENERAL PROCEDURES 4 V. PROJECT PERFORMANCE & PERSONNEL 5 VI. CONTRACT ADMINISTRATION 6 VII. PRICING SCHEDULE 6 VIII. BID EVALUATION 7 IX. SITE REGULATIONS 7 X. GENERAL TERMS AND CONDITIONS 9 XI. SPECIAL TERMS AND CONDITIONS 18 XII. METHOD OF PAYMENT 23 XIII. VENDOR DATA SHEET 24 XIV. STATE CORPORATION COMMISSION FORM 26 XV. ATTACHMENTS 27 1 List of Facilities & Regions 2 Supplementary General Conditions 3 Department of Military Affairs Environmental Statement (EMS) 4 State-Observed Holidays 5 Invoicing Requirements IFB # Carpentry Page 3

4 I. PURPOSE: The intent and purpose of this Invitation for Bids (IFB) is to establish contracts with two (2) or more qualified Contractors (per region) who can provide carpentry services on an as needed basis for a period of one (1) year with the option to renew for four (4) additional one-year periods for the Department of Military Affairs, an agency of the Commonwealth of Virginia, hereinafter referred to as DMA. This contract is intended for jobs estimated at a cost of $50,000 or less. Facility names and locations are listed in Attachment XV-1 of this solicitation. II. SCOPE OF WORK: The Contractor shall furnish all necessary labor, supervision, equipment, materials, tools and incidentals required to provide carpentry services on an as needed basis in accordance with specifications and terms and conditions set forth herein. The general Contractor shall be responsible for carrying out projects up to $50,000. Individual projects which are estimated to cost more than $50,000 shall be solicited separately from this contract. The potential dollar volume of work that may be ordered under this contract is unknown since such volume will depend upon requirements which develop during the contract period. The accumulative total of work under this contract shall not exceed $200,000 per year. Note: The Contractor may be required to perform emergency repairs at times other than normal working hours. The Contractor shall be available on a seven (7) day/week, twenty-four (24) hour basis for such emergency work. The Contractor shall be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner may affect the work. III. PRE-BID CONFERENCE (OPTIONAL): An optional prebid conference will be held Wednesday, September 5, 2012 at 10 a.m. in building #1700; intersection of Military Road and East Parade. Please bring a copy of the solicitation with you to the conference. IV. GENERAL PROCEDURES: The Contractor will be required to visit the work site upon notification of a job opportunity by the Facility Manager. With the exception of emergency situations, the Contractor will examine the site of the proposed work within two (2) business days from notification, to acquire a full understanding of the nature and scope of work to be performed. When an emergency arises, the Facility Manager or his appointed designee will notify the Contractor of the situation and its severity. In such cases, it is required that immediate action be taken by the Contractor, as appropriate. Within one (1) business day after evaluation of the site, the Contractor shall furnish DMA a written, itemized estimate of the costs, based on the bid rates submitted in section VII of this solicitation, to complete the project, to include a breakdown of major items and materials needed, labor costs, and number of days needed to complete the project. A lump sum or a not to exceed (NTE) cost for materials will be established for each project and included in the estimate. Leasing or rental of specialized, unique, or unusual trade s equipment required to execute the scope of this contract, which are not considered as general tools of the trade and will require additional costs to DMA, shall be included in the written estimate. The Contractor, in establishing the target date for completion, will take into account the time necessary to obtain delivery of the required materials and shall advise the Facility Manager if the availability of materials will result in any delays for completion of the project. Once the written estimate is approved by the Facility Manager, DMA desires that all work begin (i.e.: materials/parts on order, scheduling of laborers, etc. in preparation of commencement of work) no later than five (5) calendar days from date of receipt of purchase order issued by the Agency. To the best of its ability, the Agency will strive to have a purchase order issued to the Contractor within two (2) business days following approval of the estimate. In preparing such estimates, the Contractor may choose to rely on personal inspections, or to contact the Facilities Management Office to obtain access to building blueprints, if available and applicable. DMA reserves the right to furnish to the Contractor any or all of the materials for the job and/or revise the IFB # Carpentry Page 4

5 scope of work to decrease any project s cost. When the Contractor is required to provide materials for a project, these shall be charged at the Contractor s actual paid invoice costs. DMA reserves the right to request copies of all invoices for materials used for any project in order to substantiate costs of any project. All completed work will be inspected and approved by the Facility Manager or other authorized DMA representative prior to payment of invoice. In the event of unforeseen circumstances that may change the scope of work or vary the estimated cost originally submitted to DMA, the Contractor shall notify the Facility Manager immediately for approval to proceed. All work and materials shall be subject to final inspection by the Facility Manager or other authorized DMA representative. If any defective work or materials are found during inspection, the Contractor shall remove or repair, at the Contractor s expense, such defective work as required, without extra charges to DMA. With the exception of Agency-declared emergencies, only upon approval through the issuance of a purchase order, will the Contractor be permitted to schedule or commence any construction activities. The Contractor is expected to respond promptly, within reason, to any notifications of emergencies. It is understood that the work to be performed under this contract shall not require the services of an architect, engineer, or consultant, and that the work required can be done as a result of routine field surveys by the Contractor, examinations of written information and simple sketches and diagrams briefly describing DMA s needs, and building blueprints, if necessary. However, if upon completing the site evaluation of the work, the Contractor determines that the scope of work requires the services of an architect, engineer or consultant, the Contractor shall notify the Facility Manager that the work requested cannot be accomplished under this contract. The Contractor shall be responsible to ensure that all materials used comply with all applicable laws, ordinances, rules, regulations and codes and are compatible with pre-existing materials and equipment in the building involved. Failure to meet the response time requirements established in section IV, General Procedures, without DMA s concurrence, may result in the determination that the Contractor is found in default of the terms and conditions of this contract. The Contractor may be charged actual damages incurred by DMA as a result of performance delays. V. PROJECT PERFORMANCE AND PERSONNEL: 1) No work shall be permitted after normal business hours, on weekends or observed State holidays unless prior written approval is received from the Facility Manager. 2) The Contractor shall ensure that all personnel are skilled and qualified to perform the various construction services as requested. 3) All employees shall possess the appropriate license for the work being performed at the project site. 4) During the performance of duties under this contract, the Contractor shall at all times wear approved clothing to include hard hat and safety shoes where needed and any other equipment required to meet OSHA standards. The Contractor shall obey all safety rules and regulations and shall not create hazardous conditions within or around the work site. 5) The Contractor shall permanently dispose of all collected waste material in accordance with all local, state and federal laws. 6) The Contractor s performance shall be at industry standard or better. Work not meeting this standard shall be the Contractor s responsibility to rework, repair, or replace, at no cost to DMA. 7) The Contractor shall be responsible for any damage claim, which may arise as a result of the Contractor s operations. Repairs shall be completed by the Contractor within ten (10) calendar days after notification by DMA. 8) 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, and life safety systems or IFB # Carpentry Page 5

6 any other building features that will overload or render useless any portion of the facility. 9) It shall be the responsibility of the Contractor to report to the Facility Manger any damage discovered prior to commencing any work at the job site. 10) The Contractor shall not operate or disturb the setting of any valves, switches, or electrical equipment on the service lines to the building except by prior arrangement with the Facility Manager or other authorized DMA personnel. The Contractor shall give ample advanced notice of the need for shut-downs, which will be scheduled at the convenience of the Facility Manager. 11) All work shall be coordinated and scheduled with the Facility Manager to minimize disruption of operations. 12) Upon commencing work for each project, Contractor shall execute work in a continuous and uninterrupted manner until completed. 13) It shall be the Contractor's responsibility to supervise and direct the work under this contract and all subcontractors that he may utilize 14) Subcontractors who perform work under this contract shall be responsible to the General Contractor. 15) DMA will not be responsible for losses or damage to Contractor s supplies, tools, and/or equipment. 16) All work shall comply with the Virginia Occupational Safety and Health Administration (OSHA) standards and all applicable codes, inclusive of all national, state, and local building codes (i.e.: electrical, plumbing, mechanical, etc.) 17) Facilities encompassed in the Defense Supply Center Richmond: At no cost to the Contractor, background checks shall be performed on all personnel prior to commencement of any work at these facilities. The Facility Manager will coordinate this process with the Contractor upon award of contract VI. CONTRACT ADMINISTRATION: The Facility Managers will serve as authorized representatives to administer all work performed in conjunction with this contract. The Facility Managers will serve as the interpreters of the conditions of the contract and the judge of its performance, using all powers under the contract to enforce its faithful performance. DMA s Facility Managers shall determine the amount, quality, acceptability, and fitness of all aspects of the services and shall make decisions on all other issues in connection with the services. Any contract modifications must first be authorized by the Contracting Officer and issued as a written amendment to the contract. VII. PRICING SCHEDULE: The Contractor agrees to provide all labor, supervision, equipment, tools, and incidentals in accordance with the terms and conditions and scope of work detailed in this Invitation for Bid at the rates quoted herein. Bid prices shall include all labor, overhead, profit, travel, etc. Region Regular Work Day Emergency Call-In Southeast $ /hr. $ /hr. Northwest $ /hr. $ /hr. AASF $ /hr. $ /hr. Central $ /hr. $ /hr. IFB # Carpentry Page 6

7 Region Regular Work Day Emergency Call-In Captial $ /hr. $ /hr. Southwest $ /hr. $ /hr. Northeast $ /hr. $ /hr. DSCR $ /hr. $ /hr. Bidders have the option to submit pricing for any/all regions listed above where services can be provided. Any service(s) that cannot be provided for any specific region listed above must be identified as such, using N/A. Any bidder who enters $0 on a pricing blank or leaves it blank shall be considered nonresponsive. Bidders who provide multiple prices for performing a service where a single price was solicited shall be considered nonresponsive. Regular Work Day = Tuesday through Friday, 8 a.m.-4:30 p.m. Emergency Call-In = Hours Outside Regular Working Hours VIII. BID EVALUATION: Bids shall be evaluated on the basis of the Pricing Schedule found in Section VII. The low bidder shall be determined based on the rate submitted per hour for both regular working hours AND emergency call-ins by using weighted percentage factors times the bid rates. The formula to be used is shown below: Hourly Rate for Regular Work Day X 90% + Hourly Rate for Emergency Call-In X 10% = Total Sum Reference checks will be part of the evaluation process. IX. SITE REGULATIONS The Contractor shall conduct his operations in compliance with the regulations established by the Facility Manager for the construction site and personnel. Such regulations will be prescribed as necessary by the Director of the Facilities Management Department or such persons as he may direct. The regulations shall include but shall not be limited to the following: 1. The Contractor shall schedule work in cooperation with the Facility Manager or point of contact for the facility. Normal work hours are Tuesday through Friday, 8:00 a.m. to 4:30 p.m. Any deviations from these work hours must be approved, in writing, by the Facility Manager. All necessary interruptions to a facility s utilities and roadways shall be kept to a minimum and shall be coordinated with the Facility Manager two (2) working days (48 hours) prior to the outage. The Contractor shall coordinate the work with the Facility Manager to ensure continual operation of scheduled functions. The Contractor shall provide a schedule of work for approval by the Facility Manager and shall be updated as needed. 2. The Contractor shall confine equipment, the storage of materials and equipment, and the operation of his forces to the immediate vicinity of the project in the areas designated by the Facility Manager. 3. The Contractor shall exercise extreme care to protect DMA property during his operations. The Contractor shall restore to original condition any plantings, grassed areas, utilities, roads, structures, and other facilities damaged as a result of his operations, and at no additional cost to DMA. Any damage including damage to furnished surfaces IFB # Carpentry Page 7

8 resulting from the performance of this contract shall be repaired to the Facility Manager s satisfaction at the Contractor's expense. 4. The Contractor shall be required to manage the project in a safe manner to protect DMA personnel and visitors from injury. Sites are to be appropriately designated by signs, fenced and flagged. 5. The Contractor may use the facility s water and power. Any modifications of these utilities required by the Contractor shall be made by the Contractor at his expense. These modifications may be made only after receiving written permission from the Facility Manager. Contractor shall remove any modifications upon completion of project. No charges to the Contractor will be made by DMA for the use of DMA s utilities unless persistent wastage occurs. In such cases, the Contractor will be charged for the utilities at the same rates charged to DMA. 6. Sanitary facilities shall be provided by the Contractor. 7. The Contractor shall clean up the construction site at the end of each workday. 8. The Contractor shall be responsible for properly securing any equipment or material prior to leaving the site daily to prevent damage to both secured and installed material and equipment. 9. The Contractor shall be responsible to secure and monitor concrete until it cures and held accountable for damage incurred prior to curing. 10. The Virginia Uniform Statewide Building Code shall apply to the work and shall be administered by the Building Official for state-owned buildings. All 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. 11. Facilities encompassed in the Defense Supply Center Richmond: At no cost to the Contractor, background checks shall be performed on all personnel prior to commencement of any work at these facilities. The Facility Manager will coordinate this process with the Contractor upon award of contract. IFB # Carpentry Page 8

9 X. 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/proposals), (bidders/offerors) 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. IFB # Carpentry Page 9

10 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/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), 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/proposals), (bidders/offerors) certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals 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 AND RFPs 1. (For Invitation For Bids): 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. 2. (For Request For Proposals): Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal. I. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on IFB # Carpentry Page 10

11 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. 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. IFB # Carpentry Page 11

12 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/OFFERORS): The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect (bidder s/offeror s) physical facilities prior to award to satisfy questions regarding the (bidder s/offeror s) capabilities. The Commonwealth further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Commonwealth that such (bidder/offeror) 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 scope of the contract. An 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. IFB # Carpentry Page 12

13 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. 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. Q. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror 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 COVERAGES 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 IFB # Carpentry Page 13

14 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. 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. 4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.) NOTE: In addition, various Professional Liability/Errors and Omissions coverages are required when soliciting those services as follows: Profession/Service Accounting Architecture Asbestos Design, Inspection or Abatement Contractors Limits $1,000,000 per occurrence, $3,000,000 aggregate $2,000,000 per occurrence, $6,000,000 aggregate $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) $1,925,000 per occurrence, $3,000,000 aggregate (Limits increase each July 1 through fiscal year 2008, as follows: July 1, $2,000,000. This complies with of the Code of Virginia. Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate IFB # Carpentry Page 14

15 Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate R. 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. S. 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 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. T. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, 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 or offeror 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 faith-based 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. U. 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 either through the eva Basic Vendor Registration Service or eva Premium Vendor Registration Service. 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. IFB # Carpentry Page 15

16 Effective July 1, 2011, vendor registration and registration-renewal fees have been discontinued. Registration options are as follows: a. eva Basic Vendor Registration Service: eva Basic Vendor Registration Service includes electronic order receipt, vendor catalog posting, on-line registration, electronic bidding, and the ability to research historical procurement data available in the eva purchase transaction data warehouse. b. eva Premium Vendor Registration Service: eva Premium Vendor Registration Service includes all benefits of the eva Basic Vendor Registration Service plus automatic or fax notification of solicitations and amendments. Vendor transaction fees are determined by the date the original purchase order is issued and are as follows: a. For orders issued prior to August 16, 2006, the Vendor Transaction Fee is 1%, capped at a maximum of $500 per order. b. For orders issued August 16, 2006 thru June 30, 2011, 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. c. For orders issued July 1, 2011 thru June 30, 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. d. For orders issued July 1, 2013 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. 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. V. 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. W. 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/offerors shall be deemed small businesses if and only if they are certified as such by DMBE on the due date for receipt of bids/proposals. IFB # Carpentry Page 16

17 X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars. Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall 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 or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act 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. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. IFB # Carpentry Page 17

18 XI. SPECIAL TERMS AND CONDITIONS 1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid, no indication of such sales or services to the Department of Military Affairs will be used in product literature or advertising. The Contractor shall not state in any of its advertising or product literature that DMA has purchased or uses any of its products or services, and the Contractor shall not include DMA in any client list in advertising and promotional materials. 2. ASBESTOS: Whenever and wherever during the course of performing any work under this contract, the Contractor discovers the presence of asbestos or suspects that asbestos is present, he shall stop the work immediately, secure the area, notify the building owner and await positive identification of the suspect material. During the downtime in such a case, the Contractor shall not disturb any surrounding surfaces but shall protect the area with suitable dust covers. In the event the Contractor is delayed due to the discovery of asbestos or suspected asbestos, then a mutually agreed extension of time to perform the work shall be allowed the Contractor but without additional compensation due to the time extension. 3. AS BUILT DRAWINGS: As determined and required by DMA, the Contractor shall provide the Commonwealth a clean set of reproducible as built drawings and wiring diagrams, marked to record all changes made during installation or construction. The Contractor shall also provide the Commonwealth with maintenance manuals, parts lists and a copy of all warranties for all equipment. All as built drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to the Commonwealth upon completion of the work and prior to final payment. 4. AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. 5. AWARD TO MULTIPLE BIDDERS: The Commonwealth reserves the right to make multiple awards for each region as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible bidder(s) meeting the requirements of the solicitation, based on the total sum calculated by using the formula provided in Section VIII, Bid Evaluation. The Commonwealth reserves the right to conduct any tests it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. 6. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 30 days. At the end of the 30 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. 7. 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. In the event the initial contract period is for more than 12 months, the resulting IFB # Carpentry Page 18