Fillable INSTRUCTIONS TO VENDORS SUBMITTING BIDS 1. REVIEW DOCUMENTS (West Virginia Department of Education)

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INSTRUCTIONS TO VENDORS SUBMITTING BIDS 1. REVIEW DOCUMENTS (West Virginia Department of Education)

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Revised 01/09/2020
INSTRUCTIONS TO VENDORS SUBMITTING BIDS
1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation
for bids. Please read these instructions and all documents attached in their entirety. These
instructions provide critical information about requirements that if overlooked could lead to
disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions
contained in these instructions and the Solicitation. Failure to do so may result in disqualification
of Vendor’s bid.
2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by
the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the
Solicitation will result in bid disqualification.
3. PREBID MEETING: The item identified below shall apply to this Solicitation.
[ ] A pre-bid meeting will not be held prior to bid opening
[ ] A MANDATORY PRE-BID meeting will be held at the following place and time:
All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the
mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one
individual is permitted to represent more than one vendor at the pre-bid meeting. Any
individual that does attempt to represent two or more vendors will be required to select one
vendor to which the individual’s attendance will be attributed. The vendors not selected will
be deemed to have not attended the pre-bid meeting unless another individual attended on
their behalf.
An attendance sheet provided at the pre-bid meeting shall serve as the official document
verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list
on the attendance sheet his or her name and the name of the Vendor he or she is representing.
Additionally, the person attending the pre-bid meeting should include the Vendor’s E-Mail
address, phone number, and Fax number on the attendance sheet. It is the Vendor’s
responsibility to locate the attendance sheet and provide the required information. Failure to
complete the attendance sheet as required may result in disqualification of Vendor’s bid.
All Vendors should arrive prior to the starting time for the pre-bid. Vendors who arrive after the
starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with
knowing all matters discussed at the pre-bid.
Questions submitted at least five business days prior to a scheduled pre-bid will be discussed at
the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting
Revised 01/09/2020
are preliminary in nature and are non-binding. Official and binding answers to questions will be
published in a written addendum to the Solicitation prior to bid opening.
4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this
Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions
must be submitted on or before the date listed below and to the address listed below in order to
be considered. A written response will be published in a Solicitation addendum if a response is
possible and appropriate. Non-written discussions, conversations, or questions and answers
regarding this Solicitation are preliminary in nature and are nonbinding.
Submitted e-mails should have solicitation number in the subject line.
Question Submission Deadline:
Submit Questions to:
2019 Washington Street, East
Charleston, WV 25305
Fax: (304) 558-4115 (Vendors should not use this fax number for bid submission)
Email:
5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any
State personnel is not binding, including verbal communication at the mandatory pre-bid
conference. Only information issued in writing and added to the Solicitation by an official
written addendum by the Purchasing Division is binding.
6. BID SUBMISSION: All bids must be submitted electronically through wvOASIS or signed
and delivered by the Vendor to the Purchasing Division at the address listed below on or before
the date and time of the bid opening. Any bid received by the Purchasing Division staff is
considered to be in the possession of the Purchasing Division and will not be returned for any
reason. The Purchasing Division will not accept bids, modification of bids, or addendum
acknowledgment forms via e-mail. Acceptable delivery methods include electronic submission
via wvOASIS, hand delivery, delivery by courier, or facsimile.
The bid delivery address is:
Department of Administration, Purchasing Division
2019 Washington Street East
Charleston, WV 25305-0130
A bid that is not submitted electronically through wvOASIS should contain the information
listed below on the face of the envelope or the bid may be rejected by the Purchasing Division.:
SEALED BID
:
BUYER:
SOLICITATION NO.:
BID OPENING DATE:
BID OPENING TIME:
FAX NUMBER:
Revised 01/09/2020
The Purchasing Division may prohibit the submission of bids electronically through wvOASIS at
its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS
system resulting in the Vendor’s inability to submit bids through wvOASIS. Submission of a
response to an Expression or Interest or Request for Proposal is not permitted in wvOASIS.
For Request For Proposal (“RFP”) Responses Only: In the event that Vendor is responding
to a request for proposal, the Vendor shall submit one original technical and one original cost
proposal plus convenience copies of each to the Purchasing Division at the
address shown above. Additionally, the Vendor should identify the bid type as either a technical
or cost proposal on the face of each bid envelope submitted in response to a request for proposal
as follows:
BID TYPE: (This only applies to CRFP)
[ ] Technical
[ ] Cost
7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location
identified below on the date and time listed below. Delivery of a bid after the bid opening date
and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered
delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic
submission) or when the bid is time stamped by the official Purchasing Division time clock
(in
the
case of hand delivery).
Bid Opening Date and Time:
Bid Opening Location: Department of Administration, Purchasing Division
2019 Washington Street East
Charleston, WV 25305-0130
8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be
made by an official written addendum issued by the Purchasing Division. Vendor should
acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum
Acknowledgment Form, a copy of which is included herewith. Failure to acknowledge addenda
may result in bid disqualification. The addendum acknowledgement should be submitted with
the bid to expedite document processing.
9. BID FORMATTING: Vendor should type or electronically enter the information onto its bid
to prevent errors in the evaluation. Failure to type or electronically enter the information may
result in bid disqualification.
10. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand,
or specification listed in this Solicitation establishes the acceptable level of quality only and is not
intended to reflect a preference for, or in any way f
a
vor, a particular brand or vendor. Vendors
may bid alternates to a listed model or
bra
nd pr
ovide
d that the alternate is at least equal to the
model or brand and complies with the required specifications. The equality of any alternate being
bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model
or brand should clearly identify the alternate items in its bid and should include manufacturer’s
specifications, industry literature, and/or any other relevant documentation demonstrating the
Revised 01/09/2020
equality of the alternate items. Failure to provide information for alternate items may be grounds
for rejection of a Vendor’s bid.
[ ] This Solicitation is based upon a standardized commodity established under W. Va. Code §
5A-3-61. Vendors are expected to bid the standardized commodity identified. Failure to bid the
standardized commodity will result in your firm’s bid being rejected.
11. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that
shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions,
clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or
modifications of a requirement or term and condition of the Solicitation may result in bid
disqualification.
12. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State
Rules §148-1-6.6, communication with the State of West Virginia or any of its employees
regarding this Solicitation during the solicitation, bid, evaluation or award periods, except
through the Purchasing Division, is strictly prohibited without prior Purchasing Division
approval. Purchasing Division approval for such communication is implied for all agency
delegated and exempt purchases.
13. REGISTRATION: Prior to Contract award, the apparent successful Vendor must
be
properly registered with the West Virginia Purchasing Division and must have paid the $125 fee,
if applicable.
14. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.
15. PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or
construction and maintenance equipment and machinery used in highway and other
infrastructure projects. Any request for preference must be submitted in writing with the bid,
must specifically identify the preference requested with reference to the applicable subsection
of West Virginia Code § 5A-3-37, and must include with the bid any information necessary
to evaluate and confirm the applicability of the requested preference. A request form to help
facilitate the request can be found at:
http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf.
15A. RECIPROCAL PREFERENCE: The State of West Virginia applies a reciprocal
preference to all solicitations for commodities and printing in accordance with W. Va. Code §
5A-3-37(b). In effect, non-resident vendors receiving a preference in their home states, will see
that same preference granted to West Virginia resident vendors bidding against them in West
Virginia. Any request for reciprocal preference must include with the bid any information
necessary to evaluate and confirm the applicability of the preference. A request form to help
facilitate the request can be found at: http://www.state.wv.us/admin/purchase/vrc/Venpref.pdf.
16. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES: For any
solicitations publicly advertised for bid, in accordance with West Virginia Code §5A-3-
37(a)(7) and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women-
owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same
preference made available to any resident vendor. Any non-resident small, women-owned, or
Revised 01/09/2020
minority-owned business must identify itself as such in writing, must submit that writing to the
Purchasing Division with its bid, and must be properly certified under W. Va. CSR § 148-22-9
prior to contract award to receive the preferences made available to resident vendors. Preference
for a non-resident small, women-owned, or minority owned business shall be applied in
accordance with W. Va. CSR § 148-22-9.
17. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive
minor irregularities in bids or specifications in accordance with West Virginia Code of State
Rules § 148-1-4.6.
18. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its
submission in wvOASIS can be accessed and viewed by the Purchasing Division staff
immediately upon bid opening. The Purchasing Division will consider any file that cannot be
immediately accessed and viewed at the time of the bid opening (such as, encrypted files,
password protected files, or incompatible files) to be blank or incomplete as context requires,
and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove
password protections, or resubmit documents after bid opening to make a file viewable if those
documents are required with the bid. A Vendor may be required to provide document passwords
or remove access restrictions to allow the Purchasing Division to print or electronically save
documents provided that those documents are viewable by the Purchasing Division prior to
obtaining the password or removing the access restriction.
19. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject the
bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 148-1-
5.3, when the Director determines that the vendor submitting the bid does not have the capability
to fully perform, or lacks the integrity and reliability to assure good-faith performance.”
20. ACCEPTANCE/REJECTION: The State may accept or reject any bid in whole, or in part
in accordance with W. Va. Code of State Rules § 148-1-4.5. and § 148-1-6.4.b.”
21. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the
Solicitation and the resulting Contract are public documents. As public documents, they will be
disclosed to the public following the bid/proposal opening or award of the contract, as required
by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and
5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.
DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE
SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.
Submission of any bid, proposal, or other document to the Purchasing Division constitutes your
explicit consent to the subsequent public disclosure of the bid, proposal, or document. The
Purchasing Division will disclose any document labeled “confidential,” “proprietary,” “trade
secret,” “private,” or labeled with any other claim against public disclosure of the documents, to
include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All
submissions are subject to public disclosure without notice.
Revised 01/09/2020
22. INTERESTED PARTY DISCLOSURE: West Virginia Code § 6D-1-2 requires that the
vendor submit to the Purchasing Division a disclosure of interested parties to the contract for all
contracts with an actual or estimated value of at least $1 Million. That disclosure must occur on
the form prescribed and approved by the WV Ethics Commission prior to contract award. A copy
of that form is included with this solicitation or can be obtained from the WV Ethics
Commission. This requirement does not apply to publicly traded companies listed on a national
or international stock exchange. A more detailed definition of interested parties can be obtained
from the form referenced above.
23. WITH THE BID REQUIREMENTS: In instances where these specifications require
documentation or other information with the bid, and a vendor fails to provide it with the bid,
the Director of the Purchasing Division reserves the right to request those items after bid
opening and prior to contract award pursuant to the authority to waive minor irregularities in
bids or specifications under W. Va. CSR § 148-1-4.6. This authority does not apply to
instances where state law mandates receipt with the bid.
Revised 01/09/2020
GENERAL TERMS AND CONDI
T
IONS:
1. CONTRACTUAL AGREEMENT: Issuance of a Award Document signed by the
Purchasing Division Director, or his designee, and approved as to form by the Attorney
General’s office constitutes acceptance of this Contract made by and between the State of West
Virginia and the Vendor. Vendor’s signature on its bid signifies Vendor’s agreement to be bound
by and accept the terms and conditions contained in this Contract.
2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the
meanings attributed to them below. Additional definitions may be found in the specifications
included with this Solicitation/Contract.
2.1. “Agency” or “Agencies” means the agency, board, commission, or other entity of the State
of West Virginia that is identified on the first page of the Solicitation or any other public entity
seeking to procure goods or services under this Contract.
2.2. “Bid” or “Proposal” means the vendors submitted response to this solicitation.
2.3. “Contract” means the binding agreement that is entered into between the State and the
Vendor to provide the goods or services requested in the Solicitation.
2.4. “Director” means the Director of the West Virginia Department of Administration,
Purchasing Division.
2.5. “Purchasing Division” means the West Virginia Department of Administration, Purchasing
Division.
2.6. “Award Document” means the document signed by the Agency and the Purchasing
Division, and approved as to form by the Attorney General, that identifies the Vendor as the
contract holder.
2.7. “Solicitation” means the official notice of an opportunity to supply the State with goods or
services that is published by the Purchasing Division.
2.8. “State” means the State of West Virginia and/or any of its agencies, commissions, boards,
etc. as context requires.
2.9. “Vendor” or “Vendors” means any entity submitting a bid in response to the
Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that
has been awarded the Contract as context requires.
Revised 01/09/2020
3. CONTRACT TERM; RENEWAL; EXTENSION: The term of this Contract shall be
determined in accordance with the category that has been identified as applicable to this
Contract below:
[ ] Term Contract
Initial Contract Term: Initial Contract Term: This Contract becomes effective on
and extends for a period of year(s).
Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency,
and the Vendor, with approval of the Purchasing Division and the Attorney General’s office
(Attorney General approval is as to form only). Any request for renewal should be delivered to
the Agency and then submitted to the Purchasing Division thirty (30) days prior to the expiration
date of the initial contract term or appropriate renewal term. A Contract renewal shall be in
accordance with the terms and conditions of the original contract. Unless otherwise specified
below, renewal of this Contract is limited to ___________________ successive one (1) year
periods or multiple renewal periods of less than one year, provided that the multiple renewal
periods do not exceed the total number of months available in all renewal years combined.
Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor,
Agency, Purchasing Division and Attorney General’s office (Attorney General approval is as to
form only)
[ ] Alternate Renewal Term – This contract may be renewed for __________________
successive __________ year periods or shorter periods provided that they do not exceed
the total number of months contained in all available renewals. Automatic renewal of this
Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing
Division and Attorney General’s office (Attorney General approval is as to form only)
Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery
order may only be issued during the time this Contract is in effect. Any delivery order issued
within one year of the expiration of this Contract shall be effective for one year from the date the
delivery order is issued. No delivery order may be extended beyond one year after this Contract
has expired.
[ ] Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice
to proceed and must be completed within days.
[ ] Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor’s
receipt of the notice to proceed and part of the Contract more fully described in the attached
specifications must be completed within _________________ days. Upon completion of the
work covered by the preceding sentence, the vendor agrees that maintenance, monitoring, or
warranty services will be provided for ________________ year(s) thereafter.
[ ] One Time Purchase: The term of this Contract shall run from the issuance of the Award
Document until all of the goods contracted for have been delivered, but in no event will this
Contract extend for more than one fiscal year.
[ ] Other: See attached.
Revised 01/09/2020
4. NOTICE TO PROCEED: Vendor shall begin performance of this Contract immediately
upon receiving notice to proceed unless otherwise instructed by the Agency. Unless otherwise
specified, the fully executed Award Document will be considered notice to proceed.
5. QUANTITIES: The quantities required under this Contract shall be determined in accordance
with the category that has been identified as applicable to this Contract below.
[ ] Open End Contract: Quantities listed in this Solicitation are approximations only, based on
estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the
quantities actually ordered for delivery during the term of the Contract, whether more or less
than the quantities shown.
[ ] Service: The scope of the service to be provided will be more clearly defined in the
specifications included herewith.
[ ] Combined Service and Goods: The scope of the service and deliverable goods to be
provided will be more clearly defined in the specifications included herewith.
[ ] One Time Purchase: This Contract is for the purchase of a set quantity of goods that are
identified in the specifications included herewith. Once those items have been delivered, no
additional goods may be procured under this Contract without an appropriate change order
approved by the Vendor, Agency, Purchasing Division, and Attorney General’s office.
6. EMERGENCY PURCHASES: The Purchasing Division Director may authorize the Agency
to purchase goods or services in the open market that Vendor would otherwise provide under this
Contract if those goods or services are for immediate or expedited delivery in an emergency.
Emergencies shall include, but are not limited to, delays in transportation or an unanticipated
increase in the volume of work. An emergency purchase in the open market, approved by the
Purchasing Division Director, shall not constitute of breach of this Contract and shall not entitle
the Vendor to any form of compensation or damages. This provision does not excuse the State
from fulfilling its obligations under a One Time Purchase contract.
7. REQUIRED DOCUMENTS: All of the items checked below must be provided to the
Purchasing Division by the Vendor as specified below.
[ ] BID BOND (Construction Only): Pursuant to the requirements contained in W. Va. Code §
5-22-1(c), All Vendors submitting a bid on a construction project shall furnish a valid bid bond
in the amount of five percent (5%) of the total amount of the bid protecting the State of West
Virginia. The bid bond must be submitted with the bid.
[ ] PERFORMANCE BOND: The apparent successful Vendor shall provide a performance
bond in the amount of 100% of the contract. The performance bond must be received by the
Purchasing Division prior to Contract award.
Revised 01/09/2020
[ ] LABOR/MATERIAL PAYMENT BOND: The apparent successful Vendor shall provide a
labor/material payment bond in the amount of 100% of the Contract value. The labor/material
payment bond must be delivered to the Purchasing Division prior to Contract award.
In lieu of the Bid Bond, Performance Bond, and Labor/Material Payment Bond, the Vendor may
provide certified checks, cashier’s checks, or irrevocable letters of credit. Any certified check,
cashier’s check, or irrevocable letter of credit provided in lieu of a bond must be of the same
amount and delivered on the same schedule as the bond it replaces. A letter of credit submitted in
lieu of a performance and labor/material payment bond will only be allowed for projects under
$100,000. Personal or business checks are not acceptable. Notwithstanding the foregoing, West
Virginia Code § 5-22-1 (d) mandates that a vendor provide a performance and labor/material
payment bond for construction projects. Accordingly, substitutions for the performance and
labor/material payment bonds for construction projects is not permitted.
[ ] MAINTENANCE BOND: The apparent successful Vendor shall provide a two (2) year
maintenance bond covering the roofing system. The maintenance bond must be issued and
delivered to the Purchasing Division prior to Contract award.
[ ] LICENSE(S) / CERTIFICATIONS / PERMITS: In addition to anything required under the
Section of the General Terms and Conditions entitled Licensing, the apparent successful Vendor
shall furnish proof of the following licenses, certifications, and/or permits upon request and in a
form acceptable to the State. The request may be prior to or after contract award at the State’s
sole discretion.
[ ]
[ ]
[ ]
[ ]
The apparent successful Vendor shall also furnish proof of any additional licenses or
certifications contained in the specifications regardless of whether or not that requirement is
listed above.
Revised 01/09/2020
8. INSURANCE: The apparent successful Vendor shall furnish proof of the insurance identified
by a checkmark below and must include the State as an additional insured on each policy prior
to Contract award. The insurance coverages identified below must be maintained throughout the
life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor
shall provide the Agency with proof that the insurance mandated herein has been continued.
Vendor must also provide Agency with immediate notice of any changes in its insurance
policies, including but not limited to, policy cancelation, policy reduction, or change in insurers.
The apparent successful Vendor shall also furnish proof of any additional insurance requirements
contained in the specifications prior to Contract award regardless of whether or not that
insurance requirement is listed in this section.
Vendor must maintain:
[ ] Commercial General Liability Insurance in at least an amount of: _______________ per
occurrence.
[ ] Automobile Liability Insurance in at least an amount of: _________________per occurrence.
[ ]
Professional/Malpractice/Errors
and Omission Insurance in at least an amount of:
__________________
per occurrence. Notwithstanding the forgoing, Vendor’s are not required to
list the State as an additional insured for this type of policy.
[ ] Commercial Crime and Third Party Fidelity Insurance in an amount of: ________________
per occurrence.
[ ] Cyber Liability Insurance in an amount of: ___________________________ per occurrence.
[ ] Builders Risk Insurance in an amount equal to 100% of the amount of the
Contract.
[ ] Pollution Insurance in an amount of: _________________ per occurrence.
[ ] Aircraft Liability in an amount of: _________________ per occurrence.
[ ]
[ ]
[ ]
[ ]
Revised 01/09/2020
Notwithstanding anything contained in this section to the contrary, the Director of the
Purchasing Division reserves the right to waive the requirement that the State be named as
an additional insured on one or more of the Vendor’s insurance policies if the Director finds
that doing so is in the State’s best interest.
9. WORKERS’ COMPENSATION INSURANCE: The apparent successful Vendor shall
comply with laws relating to workers compensation, shall maintain workers’ compensation
insurance when required, and shall furnish proof of workers’ compensation insurance upon
request.
10. [Reserved]
11. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall
not limit the State or Agency’s right to pursue any other available remedy. Vendor shall pay
liquidated damages in the amount specified below or as described in the specifications:
[ ] ___________________________ for ___________________________________
[ ] Liquidated Damages Contained in the Specifications
12. ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page,
constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product
or service proposed by vendor meets the mandatory requirements contained in the Solicitation
for that product or service, unless otherwise indicated, and signifies acceptance of the terms and
conditions contained in the Solicitation unless otherwise indicated.
13. PRICING: The pricing set forth herein is firm for the life of the Contract, unless specified
elsewhere within this Solicitation/Contract by the State. A Vendor’s inclusion of price
adjustment provisions in its bid, without an express authorization from the State in the
Solicitation to do so, may result in bid disqualification. Notwithstanding the foregoing,
Vendor must extend any publicly advertised sale price to the State and invoice at the lower of
the contract price or the publicly advertised sale price.
14. PAYMENT IN ARREARS: Payment in advance is prohibited under this Contract.
Payment may only be made after the delivery and acceptance of goods or services. The Vendor
shall submit invoices, in arrears.
15. PAYMENT METHODS: Vendor must accept payment by electronic funds transfer and
P-Card. (The State of West Virginia’s Purchasing Card program, administered under contract
by a banking institution, processes payment for goods and services through state designated
credit cards.)
Revised 01/09/2020
16. TAXES: The Vendor shall pay any applicable sales, use, personal property or any other
taxes arising out of this Contract and the transactions contemplated thereby. The State of
West Virginia is exempt from federal and state taxes and will not pay or reimburse such taxes.
17. ADDITIONAL FEES: Vendor is not permitted to charge additional fees or assess
additional charges that were not either expressly provided for in the solicitation published by the
State of West Virginia or included in the unit price or lump sum bid amount that Vendor is
required by the solicitation to provide. Including such fees or charges as notes to the solicitation
may result in rejection of vendor’s bid. Requesting such fees or charges be paid after
the contract
has been awarded may result in cancellation of the contract.
18. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds
being appropriated by the Legislature or otherwise being made available. In the event funds are
not appropriated or otherwise made available, this Contract becomes void and of no effect
beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise
made available.
19. CANCELLATION: The Purchasing Division Director reserves the right to cancel this
Contract immediately upon written notice to the vendor if the materials or workmanship supplied
do not conform to the specifications contained in the Contract. The Purchasing Division Director
may also cancel any purchase or Contract upon 30 days written notice to the Vendor in
accordance with West Virginia Code of State Rules § 148-1-5.2.b.
20. TIME: Time is of the essence with regard to all matters of time and performance in this
Contract.
21. APPLICABLE LAW: This Contract is governed by and interpreted under West Virginia
law without giving effect to its choice of law principles. Any information provided in
specification manuals, or any other source, verbal or written, which contradicts or violates the
West Virginia Constitution, West Virginia Code or West Virginia Code of State Rules is void
and of no effect.
22. COMPLIANCE WITH LAWS: Vendor shall comply with all applicable federal, state, and
local laws, regulations and ordinances. By submitting a bid, Vendor acknowledges that it has
reviewed, understands, and will comply with all applicable laws, regulations, and ordinances.
SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing
commodities or services related to this Contract that as subcontractors, they too are
required to comply with all applicable laws, regulations, and ordinances. Notification
under this provision must occur prior to the performance of any work under the contract by
the subcontractor.
23. ARBITRATION: Any references made to arbitration contained in this Contract, Vendor’s
bid, or in any American Institute of Architects documents pertaining to this Contract are hereby
deleted, void, and of no effect.
Revised 01/09/2020
24. MODIFICATIONS: This writing is the parties’ final expression of intent. Notwithstanding
anything contained in this Contract to the contrary no modification of this Contract shall be
binding without mutual written consent of the Agency, and the Vendor, with approval of the
Purchasing Division and the Attorney General’s office (Attorney General approval is as to form
only). Any change to existing contracts that adds work or changes contract cost, and were not
included in the original contract, must be approved by the Purchasing Division and the Attorney
General’s Office (as to form) prior to the implementation of the change or commencement of
work affected by the change.
25. WAIVER: The failure of either party to insist upon a strict performance of any of the terms
or provision of this Contract, or to exercise any option, right, or remedy herein contained, shall
not be construed as a waiver or a relinquishment for the future of such term, provision, option,
right, or remedy, but the same shall continue in full force and effect. Any waiver must be
expressly stated in writing and signed by the waiving party.
26. SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall
supersede any and all subsequent terms and conditions which may appear on any form documents
submitted by Vendor to the Agency or Purchasing Division such as price lists, order forms,
invoices, sales agreements, or maintenance agreements, and includes internet websites or other
electronic documents. Acceptance or use of Vendor’s forms does not constitute acceptance of the
terms and conditions contained thereon.
27. ASSIGNMENT: Neither this Contract nor any monies due, or to become due hereunder,
may be assigned by the Vendor without the express written consent of the Agency, the
Purchasing Division, the Attorney General’s office (as to form only), and any other government
agency or office that may be required to approve such assignments.
28. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by
this Contract will: (a) conform to the specifications, drawings, samples, or other description
furnished or specified by the Agency; (b) be merchantable and fit for the purpose intended; and
(c) be free from defect in material and workmanship.
29. STATE EMPLOYEES: State employees are not permitted to utilize this Contract for
personal use and the Vendor is prohibited from permitting or facilitating the same.
30. PRIVACY, SECURITY, AND CONFIDENTIALITY: The Vendor agrees that it will not
disclose to anyone, directly or indirectly, any such personally identifiable information or other
confidential information gained from the Agency, unless the individual who is the subject of the
information consents to the disclosure in writing or the disclosure is made pursuant to the
Agency’s policies, procedures, and rules. Vendor further agrees to comply with the
Confidentiality Policies and Information Security Accountability Requirements, set forth in
http://www.state.wv.us/admin/purchase/privacy/default.html.
Revised 01/09/2020
31. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the
Solicitation and the resulting Contract are public documents. As public documents, they will be
disclosed to the public following the bid/proposal opening or award of the contract, as required
by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and
5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.
DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADE
SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.
Submission of any bid, proposal, or other document to the Purchasing Division constitutes your
explicit consent to the subsequent public disclosure of the bid, proposal, or document. The
Purchasing Division will disclose any document labeled “confidential,” “proprietary,” “trade
secret,” “private,” or labeled with any other claim against public disclosure of the documents, to
include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions
are subject to public disclosure without notice.
32. LICENSING: In accordance with West Virginia Code of State Rules § 148-1-6.1.e,
Vendor must be licensed and in good standing in accordance with any and all state and local
laws and requirements by any state or local agency of West Virginia, including, but not limited
to, the West Virginia Secretary of State’s Office, the West Virginia Tax Department, West
Virginia Insurance Commission, or any other state agency or political subdivision. Obligations
related to political subdivisions may include, but are not limited to, business licensing, business
and occupation taxes, inspection compliance, permitting, etc. Upon request, the Vendor must
provide all necessary releases to obtain information to enable the Purchasing Division Director
or the Agency to verify that the Vendor is licensed and in good standing with the above
entities.
SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors
providing commodities or services related to this Contract that as subcontractors, they
too are required to be licensed, in good standing, and up-to-date on all state and local
obligations as described in this section. Obligations related to political subdivisions may
include, but are not limited to, business licensing, business and occupation taxes,
inspection compliance, permitting, etc. Notification under this provision must occur
prior to the performance of any work under the contract by the subcontractor.
33. ANTITRUST: In submitting a bid to, signing a contract with, or accepting a Award
Document from any agency of the State of West Virginia, the Vendor agrees to convey, sell,
assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of
action it may now or hereafter acquire under the antitrust laws of the United States and the State
of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular
commodities or services purchased or acquired by the State of West Virginia. Such assignment
shall be made and become effective at the time the purchasing agency tenders the initial payment
to Vendor.
Revised 01/09/2020
34. VENDOR CERTIFICATIONS: By signing its bid or entering into this Contract, Vendor
certifies (1) that its bid or offer was made without prior understanding, agreement, or connection
with any corporation, firm, limited liability company, partnership, person or entity submitting a
bid or offer for the same material, supplies, equipment or services; (2) that its bid or offer is in all
respects fair and without collusion or fraud; (3) that this Contract is accepted or entered into
without any prior understanding, agreement, or connection to any other entity that could be
considered a violation of law; and (4) that it has reviewed this Solicitation in its entirety;
understands the requirements, terms and conditions, and other information contained herein.
Vendor’s signature on its bid or offer also affirms that neither it nor its representatives have any
interest, nor shall acquire any interest, direct or indirect, which would compromise the
performance of its services hereunder. Any such interests shall be promptly presented in detail to
the Agency. The individual signing this bid or offer on behalf of Vendor certifies that he or she is
authorized by the Vendor to execute this bid or offer or any documents related thereto on
Vendor’s behalf; that he or she is authorized to bind the Vendor in a contractual relationship; and
that, to the best of his or her knowledge, the Vendor has properly registered with any State
agency that may require registration.
35. VENDOR RELATIONSHIP: The relationship of the Vendor to the State shall be that of an
independent contractor and no principal-agent relationship or employer-employee relationship is
contemplated or created by this Contract. The Vendor as an independent contractor is
solel
y
liable
for the acts and omissions of its employees and agents. Vendor shall be responsible for
selecting, supervising, and compensating any and all individuals employed pursuant to the terms
of this Solicitation and resulting contract. Neither the Vendor, nor any employees or
subcontractors of the Vendor, shall be deemed to be employees of the State for any purpose
whatsoever. Vendor shall be exclusively responsible for payment of employees and contractors
for all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits,
professional liability insurance premiums, contributions to insurance and pension, or other
deferred compensation plans, including but not limited to, Workers’ Compensation and Social
Security obligations, licensing fees, etc. and the filing of all necessary documents, forms, and
returns pertinent to all of the foregoing.
Vendor shall hold harmless the State, and shall provide the State and Agency with a defense
against any and all claims including, but not limited to, the foregoing payments, withholdings,
contributions, taxes, Social Security taxes, and employer income tax returns.
36. INDEMNIFICATION: The Vendor agrees to indemnify, defend, and hold harmless the
State and the Agency, their officers, and employees from and against: (1) Any claims or losses
for services rendered by any subcontractor, person, or firm performing or supplying services,
materials, or supplies in connection with the performance of the Contract; (2) Any claims or
losses resulting to any person or entity injured or damaged by the Vendor, its off
icers,
emplo
y
ee
s, or subcontractors by the publication, translation, reproduction, delivery,
performance, use, or disposition of any data used under the Contract in a manner not authorized
by the Contract, or by Federal or State statutes or regulations; and (3) Any failure of the Vendor,
its officers, employees, or subcontractors to observe State and Federal laws including, but not
limited to, labor and wage and hour laws.
Revised 01/09/2020
37. PURCHASING AFFIDAVIT: In accordance with West Virginia Code §§ 5A-3-10a and
5-22-1(i), the State is prohibited from awarding a contract to any bidder that owes a debt to the
State or a political subdivision of the State, Vendors are required to sign, notarize, and submit
the Purchasing Affidavit to the Purchasing Division affirming under oath that it is not in
default on any monetary obligation owed to the state or a political subdivision of the state.
38. ADDITIONAL AGENCY AND LOCAL GOVERNMENT USE: This Contract may
be utilized by other agencies, spending units, and political subdivisions of the State of West
Virginia; county, municipal, and other local government bodies; and school districts (“Other
Government Entities”), provided that both the Other Government Entity and the Vendor
agree. Any extension of this Contract to the aforementioned Other Government Entities must
be on the same prices, terms, and conditions as those offered and agreed to in this Contract,
provided that such extension is in compliance with the applicable laws, rules, and ordinances
of the Other Government Entity. A refusal to extend this Contract to the Other Government
Entities shall not impact or influence the award of this Contract in any manner.
39. CONFLICT OF INTEREST: Vendor, its officers or members or employees, shall not
presently have or acquire an interest, direct or indirect, which would conflict with or compromise
the performance of its obligations hereunder. Vendor shall periodically inquire of its officers,
members and employees to ensure that a conflict of interest does not arise. Any conflict of
interest
discovered shall be promptly presented in detail to the Agency.
40. REPORTS: Vendor shall provide the Agency and/or the Purchasing Division with the
following reports identified by a checked box below:
[ ] Such reports as the Agency and/or the Purchasing Division may request. Requested reports
may include, but are not limited to, quantities purchased, agencies utilizing the contract, total
contract expenditures by agency, etc.
[ ] Quarterly reports detailing the total quantity of purchases in units and dollars, along with a
listing of purchases by agency. Quarterly reports should be delivered to the Purchasing Division
via email at purchasing.requisitions@wv.gov.
41. BACKGROUND CHECK: In accordance with W. Va. Code § 15-2D-3, the Director of the
Division of Protective Services shall require any service provider whose employees are regularly
employed on the grounds or in the buildings of the Capitol complex or who have access to
sensitive or critical information to submit to a fingerprint-based state and federal background
inquiry through the state repository. The service provider is responsible for any costs associated
with the fingerprint-based state and federal background inquiry.
After the contract for such services has been approved, but before any such employees are
permitted to be on the grounds or in the buildings of the Capitol complex or have access to
sensitive or critical information, the service provider shall submit a list of all persons who will be
physically present and working at the Capitol complex to the Director of the Division of
Protective Services for purposes of verifying compliance with this provision. The State reserves
the right to prohibit a service provider’s employees from accessing sensitive or critical
information or to be present at the Capitol complex based upon results addressed from a criminal
background check.
Revised 01/09/2020
Service providers should contact the West Virginia Division of Protective Services by phone at
(304) 558-9911 for more information.
42. PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS: Except when
authorized by the Director of the Purchasing Division pursuant to W. Va. Code § 5A-3-56,
no contractor may use or supply steel products for a State Contract Project other than those
steel products made in the United States. A contractor who uses steel products in violation of
this section may be subject to civil penalties pursuant to W. Va. Code § 5A-3-56. As used in
this section:
a. “State Contract Project” means any erection or construction of, or any addition to,
alteration of or other improvement to any building or structure, including, but not limited
to, roads or highways, or the installation of any heating or cooling or ventilating plants or
other equipment, or the supply of and materials for such projects, pursuant to a contract
with the State of West Virginia for which bids were solicited on or after June 6, 2001.
b. “Steel Products” means products rolled, formed, shaped, drawn, extruded, forged, cast,
fabricated or otherwise similarly processed, or processed by a combination of two or
more or such operations, from steel made by the open heath, basic oxygen, electric
furnace, Bessemer or other steel making process. The Purchasing Division Director
may, in writing, authorize the use of foreign steel products if:
c. The cost for each contract item used does not exceed one tenth of one percent (.1%)
of the total contract cost or two thousand five hundred dollars ($2,500.00),
whichever is greater. For the purposes of this section, the cost is the value of the
steel product as delivered to the project; or
d. The Director of the Purchasing Division determines that specified steel materials are
not produced in the United States in sufficient quantity or otherwise are not
reasonably available to meet contract requirements.
43. PREFERENCE FOR USE OF DOMESTIC ALUMINUM, GLASS, AND STEEL: In
Accordance with W. Va. Code § 5-19-1 et seq., and W. Va. CSR § 148-10-1 et seq., for every
contract or subcontract, subject to the limitations contained herein, for the construction,
reconstruction, alteration, repair, improvement or maintenance of public works or for the
purchase of any item of machinery or equipment to be used at sites of public works, only
domestic aluminum, glass or steel products shall be supplied unless the spending officer
determines, in writing, after the receipt of offers or bids, (1) that the cost of domestic
aluminum, glass or steel products is unreasonable or inconsistent with the public interest of the
State of
West
Virginia, (2) that domestic aluminum, glass or steel products are not produced in
sufficient quantities to meet the contract requirements, or (3) the available domestic aluminum,
glass, or steel do not meet the contract specifications. This provision only applies to public
works
contracts
awarded in an amount more than fifty thousand dollars ($50,000) or public
works contracts that require more than ten thousand pounds of steel products.
The cost of domestic aluminum, glass, or steel products may be unreasonable if the cost is more
than twenty percent (20%) of the bid or offered price for foreign made aluminum, glass, or steel
products. If the domestic aluminum, glass or steel products to be supplied or produced in a
Revised 01/09/2020
“substantial labor surplus area”, as defined by the United States Department of Labor, the cost
of domestic aluminum, glass, or steel products may be unreasonable if the cost is more than
thirty percent (30%) of the bid or offered price for foreign made aluminum, glass, or steel
products. This preference shall be applied to an item of machinery or equipment, as indicated
above, when the item is a single unit of equipment or machinery manufactured primarily of
aluminum, glass or steel, is part of a public works contract and has the sole purpose or of being
a permanent part of a single public works project. This provision does not apply to equipment
or machinery purchased by a spending unit for use by that spending unit and not as part of a
single public works project.
All bids and offers including domestic aluminum, glass or steel products that exceed bid or offer
prices including foreign aluminum, glass or steel products after application of the preferences
provided in this provision may be reduced to a price equal to or lower than the lowest bid or
offer price for foreign aluminum, glass or steel products plus the applicable preference. If the
reduced bid or offer prices are made in writing and supersede the prior bid or offer prices, all
bids or offers, including the reduced bid or offer prices, will be reevaluated in accordance with
this rule.
44. INTERESTED PARTY SUPPLEMENTAL DISCLOSURE: W. Va. Code § 6D-1-2
requires that for contracts with an actual or estimated value of at least $1 million, the vendor
must submit to the Agency a supplemental disclosure of interested parties reflecting any new
or differing interested parties to the contract, which were not included in the original pre-
award interested party disclosure, within 30 days following the completion or termination of
the contract. A copy of that form is included with this solicitation or can be obtained from the
WV Ethics Commission. This requirement does not apply to publicly traded companies listed
on a national or international stock exchange. A more detailed definition of interested parties
can be obtained from the form referenced above.
45. PROHIBITION AGAINST USED OR REFURBISHED: Unless expressly
permitted in the solicitation published by the State, Vendor must provide new, unused
commodities, and is prohibited from supplying used or refurbished commodities, in fulfilling
its responsibilities under this Contract.
Revised 01/09/2020
ADDITIONAL TERMS AND CONDITIONS (Construction Contracts Only)
1. CONTRACTOR’S LICENSE: West Virginia Code § 21-11-2 requires that all persons
desiring to perform contracting work in this state be licensed. The West Virginia Contractors
Licensing Board is empowered to issue the contractor’s license. Applications for a contractor’s
license may be made by contacting the West Virginia Division of Labor. West Virginia Code §
21-11-11 requires any prospective Vendor to include the contractor’s license number on its bid.
If an apparent low bidder fails to submit a license number in accordance with this section, the
Purchasing Division will promptly request by telephone and electronic mail that the low bidder
and the second low bidder provide the license number within one business day of the request.
Failure of the bidder to provide the license number within one business day of receiving the
request shall result in disqualification of the bid. Vendors should include a contractor’s license
number in the space provided below.
Contractor’s Name:
Contractor’s License No.: WV-
The apparent successful Vendor must furnish a copy of its contractor’s license prior to the
issuance of a contract award document.
2. DRUG-FREE WORKPLACE AFFIDAVIT: W. Va. Code § 21-1D-5 provides that any
solicitation for a public improvement contract requires each Vendor that submits a bid for the
work to submit an affidavit that the Vendor has a written plan for a drug-free workplace policy.
If the affidavit is not submitted with the bid submission, the Purchasing Division shall promptly
request by telephone and electronic mail that the low bidder and second low bidder provide the
affidavit within one business day of the request. Failure to submit the affidavit within one
business day of receiving the request shall result in disqualification of the bid. To comply with
this law, Vendor should complete the enclosed drug-free workplace affidavit and submit the
same with its bid. Failure to submit the signed and notarized drugfree workplace affidavit or a
similar affidavit that fully complies with the requirements of the applicable code, within one
business day of being requested to do so shall result in disqualification of Vendor’s bid. Pursuant
to W. Va. Code 21-1D-2(b) and (k), this provision does not apply to public
improvement
contracts
the value of which is $100,000 or less or temporary or emergency repairs.
2.1. DRUG-FREE WORKPLACE POLICY: Pursuant to W. Va. Code § 21-1D-4, Vendor and
its subcontractors must implement and maintain a written drug-free workplace policy that
complies with said article. The awarding public authority shall cancel this contract if: (1) Vendor
fails to implement and maintain a written drug-free workplace policy described in the preceding
paragraph, (2) Vendor fails to provide information regarding implementation of its drug-free
workplace policy at the request of the public authority; or (3) Vendor provides to the public
authority false information regarding the contractor's drug-free workplace policy.
Pursuant to W. Va. Code 21-1D-2(b) and (k), this provision does not apply to public
improvement contracts the value of which is $100,000 or less or temporary or emergency repairs.
Revised 01/09/2020
3. DRUG FREE WORKPLACE REPORT: Pursuant to W. Va. Code § 21-1D-7b, no less than
once per year, or upon completion of the project, every contractor shall provide a certified report
to the public authority which let the contract. For contracts over $25,000, the public
authorit
y
shall
be the West Virginia Purchasing Division. For contracts of $25,000 or less, the public
authority shall be the agency issuing the contract. The report shall include:
(1) Information to show that the education and training service to the requirements of
West Virginia Code § 21-1D-5 was provided;
(2) The name of the laboratory certified by the United States Department of Health and
Human Services or its successor that performs the drug tests;
(3) The average number of employees in connection with the construction on the public
improvement;
(4) Drug test results for the following categories including the number of positive tests and the
number of negative tests: (A) Pre-employment and new hires; (B) Reasonable suspicion; (C) Post-
accident; and (D) Random.
Vendor should utilize the attached Certified Drug Free Workplace Report Coversheet when
submitting the report required hereunder. Pursuant to W. Va. Code 21-1D-2(b) and (k), this
provision does not apply to public improvement contracts the value of which is $100,000 or less
or temporary or emergency repairs.
4. AIA DOCUMENTS: All construction contracts that will be completed in conjunction with
architectural services procured under Chapter 5G of the West Virginia Code will be governed by
the attached AIA documents, as amended by the Supplementary Conditions for the State of West
Virginia, in addition to the terms and conditions contained herein.
4A. PROHIBITION AGAINST GENERAL CONDITIONS: Notwithstanding anything
contained in the AIA Documents or the Supplementary Conditions, the State of West Virginia
will not pay for general conditions, or winter conditions, or any other condition representing a
delay in the contracts. The Vendor is expected to mitigate delay costs to the greatest extent
possible and any costs associated with Delays must be specifically and concretely identified. The
state will not consider an average daily rate multiplied by the number of days extended to be an
acceptable charge.
5. GREEN BUILDINGS MINIMUM ENERGY STANDARDS: In accordance with § 22-
29-4, all new building construction projects of public agencies that have not entered
the
schematic
design phase prior to July 1, 2012, or any building construction project receiving state
grant funds and appropriations, including public schools, that have not entered the schematic
design phase prior to July 1, 2012, shall be designed and constructed complying with the ICC
International Energy Conservation Code, adopted by the State Fire Commission, and the
ANSI/ASHRAE/IESNA Standard 90.1-2007: Provided, That if any construction project has a
commitment of federal funds to pay for a portion of such project, this provision shall only apply
to the extent such standards are consistent with the federal standards.
Revised 01/09/2020
6. LOCAL LABOR MARKET HIRING REQUIREMENT: Pursuant to West Virginia Code
§21-1C-1 et seq., Employers shall hire at least seventy-five percent of employees for public
improvement construction projects from the local labor market, to be rounded off, with at least two
employees from outside the local labor market permissible for each employer per project.
Any employer unable to employ the minimum number of employees from the local labor market
shall inform the nearest office of Workforce West Virginia of the number of qualified employees
needed and provide a job description of the positions to be filled.
If, within three business days following the placing of a job order, Workforce West Virginia is
unable to refer any qualified job applicants to the employer or refers less qualified job applicants
than the number requested, then Workforce West Virginia shall issue a waiver to the employer
stating the unavailability of applicant and shall permit the employer to fill any positions covered by
the waiver from outside the local labor market. The waiver shall be in writing and shall be issued
within the prescribed three days. A waiver certificate shall be sent to both the employer for its
permanent project records and to the public authority.
Any employer who violates this requirement is subject to a civil penalty of $250 per each employee
less than the required threshold of seventy-five percent per day of violation after receipt of a notice
of violation.
Any employer that continues to violate any provision of this article more than fourteen calendar
days after receipt of a notice of violation is subject to a civil penalty of $500 per each employee less
than the required threshold of seventy-five percent per day of violation.
The following terms used in this section have the meaning shown below.
(1) The term “construction project” means any construction, reconstruction, improvement,
enlargement, painting, decorating or repair of any public improvement let to contract in an amount
equal to or greater than $500,000. The term “construction project” does not include temporary or
emergency repairs;
(2) The term “employee” means any person hired or permitted to perform hourly work for wages by
a person, firm or corporation in the construction industry; The term “employee” does not include:(i)
Bona fide employees of a public authority or individuals engaged in making temporary or
emergency repairs;(ii) Bona fide independent contractors; or(iii) Salaried supervisory personnel
necessary to assure efficient execution of the employee's work;
(3) The term “employer” means any person, firm or corporation employing one or more employees
on any public improvement and includes all contractors and subcontractors;
(4) The term “local labor market” means every county in West Virginia and any county outside of
West Virginia if any portion of that county is within fifty miles of the border of West Virginia;
(5) The term “public improvement” includes the construction of all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other
structures that may be let to contract by a public authority, excluding improvements funded, in
whole or in part, by federal funds.
Revised 01/09/2020
7. DAVIS-BACON AND RELATED ACT WAGE RATES:
□ The work performed under this contract is federally funded in whole, or in part. Pursuant
to , Vendors are required to pay applicable Davis-Bacon
wage rates.
□ The work performed under this contract is not subject to Davis-Bacon wage rates.
8. SUBCONTRACTOR LIST SUBMISSION: In accordance with W. Va. Code § 5-22-1, the
apparent low bidder on a contract valued at more than $250,000.00 for the construction,
alteration, decoration, painting or improvement of a new or existing building or structure shall
submit a list of all subcontractors who will perform more than $25,000.00 of work on the project
including labor and materials. (This section does not apply to any other construction
projects,
such as highway, mine reclamation, water or sewer projects.) The subcontractor list shall be
provided to the Purchasing Division within one business day of the opening of bids for review.
If the apparent low bidder fails to submit the subcontractor list, the Purchasing Division shall
promptly request by telephone and electronic mail that the low bidder and second low bidder
provide the subcontractor list within one business day of the request. Failure to submit the
subcontractor list within one business day of receiving the request shall result in disqualification
of the bid.
If no subcontractors who will perform more than $25,000.00 of work are to be used to complete
the project, the apparent low bidder must make this clear on the subcontractor list, in the bid
itself, or in response to the Purchasing Division’s request for the subcontractor list.
a. Required Information. The subcontractor list must contain the following information:
i. Bidder's name
ii. Name of each subcontractor performing more than $25,000 of work on the
project.
iii. The license number of each subcontractor, as required by W. Va. Code § 21-11-
1 et. seq.
iv. If applicable, a notation that no subcontractor will be used to perform more than
$25,000.00 of work. (This item iv. is not required if the vendor makes this clear in
the bid itself or in documentation following the request for the subcontractor list.)
b. Subcontractor List Submission Form: The subcontractor list may be submitted in any
form, including the attached form, as long as the required information noted above is
included. If any information is missing from the bidder’s subcontractor list submission, it
may be obtained from other documents such as bids, emails, letters, etc. that accompany
the subcontractor list submission.
Revised 01/09/2020
c. Substitution of Subcontractor. Written approval must be obtained from the State
Spending Unit before any subcontractor substitution is permitted. Substitutions are not
permitted unless:
i. The subcontractor listed in the original bid has filed for bankruptcy;
ii. The subcontractor in the original bid has been debarred or suspended; or
iii. The contractor certifies in writing that the subcontractor listed in the original bid
fails, is unable, or refuses to perform his subcontract.
Revised 01/09/2020
Subcontractor List Submission (Construction Contracts Only)
Bidder’s
Name:
□ Check this box if no subcontractors will perform more than $25,000.00 of work to complete the
project.
License Number if Required by
W. Va. Code § 21-11-1 et. seq.
Attach additional pages if necessary
Revised 01/09/2020
ADDITIONAL TERMS AND CONDITIONS
(Architectural and Engineering Contracts Only)
1. PLAN AND DRAWING DISTRIBUTION: All plans and drawings must be completed and
available for distribution at least five business days prior to a scheduled pre-bid meeting for the
construction or other work related to the plans and drawings.
2. PROJECT ADDENDA REQUIREMENTS: The Architect/Engineer and/or Agency shall be
required to abide by the following schedule in issuing construction project addenda. The
Architect/Engineer shall prepare any addendum materials for which it is responsible, and a list of
all vendors that have obtained drawings and specifications for the project. The
Architect/Engineer shall then send a copy of the addendum materials and the list of vendors
to t
h
e
State Agency for which the contract is issued to allow the Agency to make any necessary
modifications. The addendum and list shall then be forwarded to the Purchasing Division buyer
by the Agency. The Purchasing Division buyer shall send the addendum to all interested vendors
and, if necessary, extend the bid opening date. Any addendum should be received by the
Purchasing Division at least fourteen (14) days prior to the bid opening date.
3. PRE-BID MEETING RESPONSIBILITIES: The Architect/Engineer shall be available to
attend any pre-bid meeting for the construction or other work resulting from the plans, drawings,
or specifications prepared by the Architect/Engineer.
4. AIA DOCUMENTS: All construction contracts that will be completed in conjunction with
architectural services procured under Chapter 5G of the West Virginia Code will be governed by
the attached AIA documents, as amended by the Supplementary Conditions for the State of West
Virginia, in addition to the terms and conditions contained herein. The terms and conditions of
this document shall prevail over anything contained in the AIA Documents or the Supplementary
Conditions.
5. GREEN BUILDINGS MINIMUM ENERGY STANDARDS: In accordance with West
Virginia Code § 22-29-4, all new building construction projects of public agencies that have not
entered the schematic design phase prior to July 1, 2012, or any building construction project
receiving state grant funds and appropriations, including public schools, that have not entered the
schematic design phase prior to July1, 2012, shall be designed and constructed complying
with
the
ICC International Energy Conservation Code, adopted by the State Fire Commission, and the
ANSI/ASHRAE/IESNA Standard 90.1-2007: Provided, That if any construction project has a
commitment of federal funds to pay for a portion of such project, this provision shall only
appl
y
to
the extent such standards are consistent with the federal standards.
Revised 01/09/2020
DESIGNATED CONTACT: Vendor appoints the individual identified in this Section as the
Contract Administrator and the initial point of contact for matters relating to this Contract.
(Name, Title)
(Printed Name and Title)
(Address)
(Phone Number) / (Fax Number)
(email address)
CERTIFICATION AND SIGNATURE: By signing below, or submitting documentation
through wvOASIS, I certify that I have reviewed this Solicitation in its entirety; that I understand
the requirements, terms and conditions, and other information contained herein; that this bid, offer
or proposal constitutes an offer to the State that cannot be unilaterally withdrawn; that the product
or service proposed meets the mandatory requirements contained in the Solicitation for that
product or service, unless otherwise stated herein; that the Vendor accepts the terms and
conditions contained in the Solicitation, unless otherwise stated herein; that I am submitting this
bid, offer or proposal for review and consideration; that I am authorized by the vendor to execute
and submit this bid, offer, or proposal, or any documents related thereto on vendor’s behalf; that
I am authorized to bind the vendor in a contractual relationship; and that to the best of my
knowledge, the vendor has properly registered with any State agency that may require
registration.
(Company)
(Authorized Signature) (Representative Name, Title)
(Printed Name and Title of Authorized Representative)
(Date)
(Phone Number) (Fax Number)
Revised 01/09/2020
ADDENDUM ACKNOWLEDGEMENT FORM
SOLICITATION NO.:
Instructions: Please acknowledge receipt of all addenda issued with this solicitation by
completing this addendum acknowledgment form. Check the box next to each addendum
received and sign below. Failure to acknowledge addenda may result in bid disqualification.
Acknowledgment: I hereby acknowledge receipt of the following addenda and have made the
necessary revisions to my proposal, plans and/or specification, etc.
Addendum Numbers Received:
(Check the box next to each addendum received)
[ ] Addendum No. 1 [ ] Addendum No. 6
[ ] Addendum No. 2 [ ] Addendum No. 7
[ ] Addendum No. 3 [ ] Addendum No. 8
[ ] Addendum No. 4 [ ] Addendum No. 9
[ ] Addendum No. 5 [ ] Addendum No. 10
I understand that failure to confirm the receipt of addenda may be cause for rejection of this
bid.
I further understand that any verbal representation made or assumed to be made during any oral
discussion held between Vendor’s representatives and any state personnel is not binding. Only
the information issued in writing and added to the specifications by an official addendum is
binding.
Company
Authorized Signature
Date
NOTE: This addendum acknowledgement should be submitted with the bid to expedite
document processing.
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INSTRUCTIONS TO VENDORS SUBMITTING BIDS 1. REVIEW DOCUMENTS (West Virginia Department of Education)

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Completed 25 November 2020

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