|Agency:||State Government of Virginia|
|Type of Government:||State & Local|
|Posted Date:||Sep 10, 2019|
|Due Date:||Sep 24, 2019|
|Solicitation No:||IFB 411:A20000-06-1|
|Bid Source:||Please Login to View Page|
|Contact information:||Please Login to View Page|
|Bid Documents:||Please Login to View Page|
|SeedProcessing2019.docx||(49.54 KB)||IFB for Seed Cone Processing & Cleaning||09/10/19||Solicitation|
LOBLOLLY PINE SEED CONE PROCESSING AND CLEANING
DEPARTMENT OF FORESTRY
Set Aside for Small Certified Businesses
Issue Date: September 10, 2019 411:A20000-06
Commodity Code: 96103
Department of Forestry
900 Natural Resources Drive, Suite 800
Charlottesville, VA 22903
Using Agency and/or Location: New Kent Forestry Center
Period of Contract: From October 15, 2019 through October 14, 2020
Performance Period: From October 15, 2019 through February 1, 2020
(This contract may be renewed by the Commonwealth for 3 (three years); (3 successive one year periods. See Section 4.7 – Renewal of Contract).
Sealed Bids will be received until 2:00 P.M. September 24, 2019 for furnishing the Goods/Services described Herein, and then opened in public.
All Inquiries For Information Should Be Directed To: Onesphore Bitoki, Tree Improvement Forester @ (804) 966-2201 (or) Amy Ricotta, Purchasing Officer @ 434/220-9009.
IF BIDS ARE MAILED, HAND DELIVERED OR AN EXPRESS DELIVERY IS USED, DELIVER TO: VIRGINIA DEPARTMENT OF FORESTRY, FONTAINE RESEARCH PARK, 900 NATURAL RESOURCES DRIVE, SUITE 800, CHARLOTTESVILLE, VA 22903.
In Compliance With This Invitation For Bids And To All The Conditions Imposed Herein, The Undersigned Offers And Agrees To Furnish The Goods/Services Described At The Price(s) Indicated In Section 5.
Name and Address of Firm:
Signature in Ink
FEI/FIN No. Title:
Email Address: Telephone No.
PRE-BID TRACT EXAMINATION: An optional pre-bid visit will be held at any time upon agreement with the Seed Orchard Supervisor. You may call 804/966.2201 to set up an appointment.
TABLE OF CONTENTS FOR IFB
PURPOSE Page 3
SCOPE OF WORK/DESCRIPTION OF ITEMS (SPECIFICATION) Page 3-4
GENERAL TERMS AND CONDITIONS Page 4-10
PRICING SCHEDULE Page 10-11
PERFORMANCE Page 11
ATTACHMENT Page 11
(Attachment 1,2,3) Page 12-15
1. PURPOSE: The purpose of this Invitation for Bid is to establish contract prices for pine cone seed extraction and cleaning purposes. Loblolly pine cones will be picked up from a forest seed orchard located in Providence Forge, Virginia, and/or Loblolly pine cones will be delivered to your site of cleaning & extraction. Separate pricing will be required. (See page 12).
2. SCOPE OF WORK
2.1 CONTRACTOR RESPONSIBILITIES AND RIGHTS
2.1.1 GENERAL: Contractor agrees to furnish all labor, supervision, insurance, tools, and equipment in accordance with the terms and specifications of this agreement.
2.1.2 All equipment, supplies, and materials will be subject to inspection by the Department at any time during the contract.
The Contractor agrees to have personnel and full complement of delivery and support systems available and ready for work on October 15, 2019.
2.1.3 SUB-CONTRACT: No portion of this work shall be sublet to subcontractors without first securing written consent of the Department.
2.1.4 Consent by the Department to any such subletting shall not relieve the Contractor of full responsibility and liability for the work to be performed by the subcontractor.
2.1.5 DAMAGE CLAIMS: Should the Contractor receive notice of any damage claim, he will in turn notify the Department in writing within 10 days, nature of damage, and name and address of the person making the claim. The Contractor will also contact the person making the claim within 10 days to begin the process for resolution of the claim.
2.1.6 All appropriate certification and licensing required by the will be the responsibility of the Contractor. These will be valid for the period of this contract, and available for inspection by federal, state, and local authorities having jurisdiction over this project. Copies of these certificates, licenses, and permits will be made available to the Department upon request.
2.1.7 INDEPENDENT CONTRACTORS: The Contractor, his employees and agents are not to be, at any time, considered servants, agents, or employees of the Commonwealth of Virginia, nor any department or division thereof, but instead are considered to be independent contractors.
2.1.8 The Contractor agrees to comply with all laws, rules, and/or regulations applicable to the safe performance of such work, including the generality of the foregoing, Public Law 91-596, Title "Occupational Safety and Health Act of 1970."
2.1.9 CONTRACTOR RIGHTS: The Contractor reserves the right to halt operations when the Department or one of its representatives fails to meet their responsibilities as outlined in this agreement.
2.2 DEPARTMENT RESPONSIBILITIES AND RIGHTS
2.2.1 INGRESS AND EGRESS: The Department will allow right of ingress and egress for all employees, materials and equipment of the Contractor necessary to the project.
2.2.2 AREA DESIGNATION: The Department of Forestry will deliver green cones to the contractor and Contractor will deliver back cleaned seeds to Augusta Forestry Center, 90 Forestry Center Lane, Crimora, Virginia 24431.
2.2.3 DEPARTMENT RIGHTS: The Department reserves the right to halt the operation at any time when, in the opinion of the Department, the Contractor violates the contract or the Contractor's performance is unsafe or otherwise unsatisfactory.
2.2.4 The Department reserves the right to reject any and all bids.
2.3 DATES OF CONE CLEANING AND PROCESSING
2.3.1 Cone processing and seed cleaning will commence no later than October 15, 2019 and end not later than February 01, 2020.
2.4 QUANTITY TO BE PROCESSED
The quantity to be processed is anticipated by the Department to be at least 3,500 bushels but can be as high as 6,000. There are several factors that affect the actual quantity to be collected such as size and insect damage to the cones. Therefore, the prospective bidder is advised to visit the orchard prior to bidding.
At the end of cone collection, the Department will make a determination of how many bushels to be
processed within the dates allowed for the operations. The Contractor will be expected to extract
seeds from all collected cones by the Department or considered to be in default of the contract.
3. 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 www.eva.virginia.gov 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, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit 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, § 2.2-4366). 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 § 2.2-4311 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, § 2.2-4343.1E).
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.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.
e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.
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: Applicable for all contracts over $10,000:
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 1986.
F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.
If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.
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:
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.
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 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.
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 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 resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. 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, § 2.2-4363).
2. To Subcontractors:
a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:
(1) To pay the subcontractor(s) 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/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 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.
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 54-73-0076K.
If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.
R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) 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/offeror) 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/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.
S. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) 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 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 §§ 2.2-4332 and 65.2-800 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:
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 - $100,000.
3. 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 shall be added as an additional insured to the policy by an endorsement.
4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)
Accounting $1,000,000 per occurrence, $3,000,000 aggregate
Architecture $2,000,000 per occurrence, $6,000,000 aggregate
Asbestos Design, Inspection or Abatement $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.) Code of Virginia § 8.01-581.15
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
Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate
Surveying $1,000,000 per occurrence, $1,000,000 aggregate
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 ( www.eva.virginia.gov ) for a minimum of 10 days.
V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:
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.
W. 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.
X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov , 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 e-procurement 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, 2014, and after, the Vendor Transaction Fee is:
(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.
For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov .
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue 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 that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.
Z. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.
AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.
BB. 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.
5. PRICING SCHEDULE
5.1 INSTRUCTIONS FOR BIDDING:
5.1.1 For bids to be considered, complete and sign the Invitation For Bid sheet, Page 1; Complete the Bid Form, Section 5.2; sign the Contract Form (Attachment 1), and return this entire document in time to reach the VA Department of Forestry, Fontaine Research Park, 900 Natural Resources Drive, Suite 800, Room 2133, Charlottesville, Virginia 22903 before 2:00 PM on September 24, 2019. (Allow adequate time.)
5.1.2 Bids will be made and the contract awarded on the basis of the Contractor's per bushel bid.
5.1.3 After completing the Invitation For Bid sheet, Page 1, and the Bid Form, Section 5.2, and the Contract Form (Attachment 1), enclose bid in an envelope marked, "Sealed Bids To Be opened on September 24, 2019, IFB# 411:A20000-06". This entire document should be returned to VA Department of Forestry, , , Room 2133, .
5.1.4 The Contract (Attachment 1) MUST be signed and returned with the bid package to the Department of Forestry, , . Once an award has been made, the complete contract will then be mailed to the Contractor.
5.2 Contractor will use the space below for submission of bids to the Department.
BID PRICE $__________ per bushel delivered to contractors site
BID PRICE $__________ per bushel if contractor picks up
6.1 The Contractor will be notified of unsatisfactory work within one day after inspecting the work. Restitution will be made in the form of nonpayment, partial payment or additional collection. The form used will be the decision of the Department.
Weather conditions cannot be used as a reason to not fulfill this contract.
7.1 ATTACHMENT 1 - Contract form must be signed by the Contractor. The Department will sign and return a copy to the Contractor after contract has been awarded.
7.2 ATTACHMENT 2 – Small Business Sub-contracting form
7.3 ATTACHMENT 3 – State Corporation form
LOBLOLLY PINE SEED CONE PROCESSING AND CLEANING
DEPARTMENT OF FORESTRY
This Contract entered into this ______day of ______________________, 2019 by
called the "Contractor" and , Department of Forestry, called the "Purchasing Agency."
WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:
SCOPE OF SERVICES: The Contractor shall provide the services to the Purchasing Agency as set forth in the Contract Documents.
PERIOD OF CONTRACT: From October 15, 2019 through October 14, 2019 (with the option to renew up to an additional 3 years)
PERIOD OF PERFORMANCE: From October 15, 2019 through February 01, 2020
METHOD OF PAYMENT: The Contractor shall be paid by the Purchasing Agency as set forth in Section V of the Invitation for Bid Document.
The Contract Documents shall consist of:
(1) This signed form;
(2) The attached purchasing description which consists of:
(a) The Scope of Work, and/or items description
(b) The General Terms and Conditions
(c) The Special Terms and Conditions all of which documents are incorporated herein.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.
CONTRACTOR: PURCHASING AGENCY:
Small Business Subcontracting Plan
Small Business: "Small business " means an independently owned and operated business which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. Note: This shall not exclude DMBE-certified women- and minority-owned businesses when they have received DMBE small business certification.
Women-Owned Business: Women-owned business means a business concern that is at least 51% owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law.
Minority-Owned Business: Minority-owned business means a business concern that is at least 51% owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.
All small businesses must be certified by the Commonwealth of Virginia, Department of Minority Business Enterprise (DMBE) by the due date of the solicitation to participate in the SWAM program. Certification applications are available through DMBE online at www.dmbe.virginia.gov (Customer Service).
Offeror Name: _____________________________________________
Preparer Name: ________________________________________ Date: ____________________
A. If you are certified by the Department of Minority Business Enterprise (DMBE) as a small business, complete only Section A of this form. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification.
B. If you are not a DMBE-certified small business, complete Section B of this form. For the offeror to receive credit for the small business subcontracting plan evaluation criteria, the offeror shall identify the portions of the contract that will be subcontracted to DMBE-certified small business in this section. Points will be assigned based on each offeror’s proposed subcontracting expenditures with DMBE certified small businesses for the initial contract period as indicated in Section B in relation to the offeror’s total price.
If your firm is certified by the Department of Minority Business Enterprise (DMBE), are you certified as a (check only one below):
______ Small Business
______ Small and Women-owned Business
______ Small and Minority-owned Business
Certification number:__________________________Certification Date:___________________________
Populate the table below to show your firm's plans for utilization of DMBE-certified small businesses in the performance of this contract. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc.
B. Plans for Utilization of DMBE-Certified Small Businesses for this Procurement
Small Business Name & Address
DMBE Certificate #
Status if Small Business is also: Women (W), Minority (M)
Contact Person, Telephone & Email
Type of Goods and/or Services
Planned Involvement During Initial Period of the Contract
Planned Contract Dollars During Initial Period of the Contract