The term “Virginia Wine” or “us” or “we” refers to the owner of the Virginia Wine website (the “Site”). The term “you” refers to the user or viewer of our website. Virginia Wine provides products and services. These Terms of Service (“Terms”) govern your access to and use of the Site, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy or completeness of the information and materials found or offered on this website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Use of Site. You may use our Products only if you can form a binding contract with Virginia Wine, and only in compliance with these Terms and all applicable laws. When you create your Virginia Wine account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- Copyright and Trademark.
- Users who post any content will hold Virginia Wine harmless from any legal action taken in relation to any content posted by the user on the Site.
- Users will not post any material that they do not have the right to post on the Site. Users in violation of this provision may have their posts removed from the Site and may have the violating posts deleted from the Site without warning.
- Users with multiple posts that result in disputes over rights of the content may have their accounts deleted or suspended.
- If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by emailing us at firstname.lastname@example.org. Upon receipt of your email, We will take whatever action we deem appropriate, including removal of the challenged material from the Site. If you receive notice that one of you pages has been removed or content you posted has been removed because of a copyright complaint, you can email us at email@example.com and we will send you the information from the copyright complaint without any contact or personal information.
- License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. We may change these terms in the future and will notify you of any changes. Continued use of the Site after notification of a change in Terms is acceptance of new Terms. We may also revoke your license and suspend or terminate your account without any warning.
- Security. While we work to protect the security of your content and account, Virginia Wine cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
- Severability. These Terms, together with and any amendments and any additional agreements you may enter into with Virginia Wine in connection with the Products, shall constitute the entire agreement between you and Virginia Wine concerning the Products and the Site. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Applicable Laws and Courts. These Terms and any legal action resulting from use of the Site shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia.
- VENDORS MANUAL: The Terms are 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.
- ANTI-DISCRIMINATION: By accessing the Site, users 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).
- ETHICS IN PUBLIC CONTRACTING: By accessing the Site, users certify that their use of the Site is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other users, supplier, manufacturer or subcontractor in connection with their use, 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.
- IMMIGRATION REFORM AND CONTROL ACT OF 1986: By accessing the Site contract with the Commonwealth of Virginia, the user certifies that the user 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.
- ANTITRUST: By using the site, the user 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.
- 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.
- ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the user in whole or in part without the written consent of the Commonwealth.
- CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:
- 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.
- Virginia Wine may order changes within the general scope of the contract at any time by written notice to the user. 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 users shall comply with the notice upon receipt, unless the user 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 user 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 user 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:
- By mutual agreement between the parties in writing; or
- 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 user accounts for the number of units of work performed, subject to Virginia Wine’s right to audit the user’s records and/or to determine the correct number of units independently; or
- By ordering the user 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 user shall present Virginia Wine with all vouchers and records of expenses incurred and savings realized. The Virginia Wine shall have the right to audit the records of the user 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 Virginia Wine within thirty (30) days from the date of receipt of the written order from the Virginia Wine. 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 user from promptly complying with the changes ordered by the Virginia Wine or with the performance of the contract generally.
- DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth and Virginia Wine, after due oral or written notice, may procure them from other sources and hold the user responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth and Virginia Wine may have.
- 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.
- 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.
- Employer’s Liability – $100,000.
- Commercial General Liability – $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.
- 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.)
- DRUG-FREE WORKPLACE: During the performance of these terms, the user agrees to (i) provide a drug-free workplace for the user’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.
- 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:
- For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:
- DSBSD-certified Small Businesses: 1%, capped at $500 per order.
- Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.
- 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.
- For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:
- AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.